One step closer to legal protection from disasters
As we approach the 20th anniversary of the 26 December 2004 Indian Ocean Tsunami, we celebrate an encouraging milestone in the global multilateral response to reducing disaster risk the decision "to elaborate and conclude a legally binding instrument on the protection of persons in the event of disasters by the United Nations General Assembly.
While the Sendai Framework provides guidelines for disaster risk reduction, a future instrument such as a Convention would enshrine disaster risk reduction in international law, reinforcing the commitment shown by Member States and complementing the existing guidelines.
With an increase in the frequency of climate-related disasters, and more of the worlds people vulnerable to their impacts, this is a timely call for legal frameworks that go beyond voluntary agreements.
Advancing resilience through law
The Draft Articles on Protection of Persons in the Event of Disasters (PPED) were conceived in response to the 2004 tsunami disaster and developed by the International Law Commission to address the increasing frequency and severity of disasters and their damaging impacts.
In July 2024, the Permanent Mission of the Philippines to United Nations, with support from UNDRR, hosted an exhibition at the UN Headquarters Delegates Entrance Hall to raise awareness and understanding of this initiative.
The UN General Assembly adopted resolution 79/128 in December 2024, deciding to conclude an international convention on protection of persons in the event of disasters, based on the Draft Articles, by the end of 2027, taking the initiative closer to adoption as international law.
The adoption of the PPED Resolution is an important moment for DRR. It takes us closer to a global legal foundation to protecting people during disasters and reduce risks and this should drive accountability, action and long-term resilience.
By making DRR a legal obligation, a PPED Convention could give Member States greater incentive to act with urgency to mitigate rising risks.
The combination of voluntary, soft law incentives, such as the Sendai Framework, and a legal framework to require that states offer protection from disasters, can help ensure that when disasters strike, the risks would be greatly reduced for everyone, everywhere.
Countries showing the way
Several Member States are already demonstrating how including DRR measures in their legislative framework can enhance preparedness, response and risk communication, and ensure DRR is prioritized across sectors and adapted to local contexts.
- Ecuador: The Organic Law for Comprehensive Disaster Risk Management (2024)mandates long-term planning, decentralized governance and enhanced early warning systems.
- Italy: The Legislative Decree No. 1 (2018), part of Italys Civil Protection Code, reorganizes the National Civil Protection Service to strengthen disaster governance, prioritizing the protection of lives, safety, and well-being. It promotes proactive measures such as integrated planning, community resilience, and national preparedness and DRR.
- Sierra Leone: The National Disaster Management Agency Act (2020)integrates DRR into national development strategies and creates clear governance structures, including a National Platform for DRR.
- Tonga: The Disaster Risk Management Act (2021)established multi-hazard early warning systems, clarified roles during emergencies, and promoted inclusivity by involving women, youth, and persons with disabilities in local DRM committees.
- United Arab Emirates: A 2015 law created the country's National Centre for Emergency Management, requiring inclusive risk communication tailored to peoples awareness, language, and accessibility needs.
A people-centred approach
The PPED refers explicitly to disaster risk reduction in two of the 18 Draft Articles: Article 2 highlights the need for effected disaster risk reduction and response while respecting human rights. Article 9 mandates States to implement measures like legislation, risk assessments, and early warning systems to prevent and mitigate disasters.
Article 2
Purpose: The purpose of the present draft articles is to facilitate the adequate and effective response to disasters, and reduction of the risk of disasters, so as to meet the essential needs of the persons concerned, with full respect for their rights.
By focusing on the rights of individuals, the PPED aligns DRR with principles of equity, human rights and inclusivity.
Strengthening accountability
The Draft Articles, as drafted by the International Law Commission, pushes States to prioritize risk prevention through legally binding obligations, not just guidelines.
Article 9
Reduction of the risk of disasters
1. Each State shall reduce the risk of disasters by taking appropriate measures, including through legislation and regulations, to prevent, mitigate, and prepare for disasters.
2. Disaster risk reduction measures include the conduct of risk assessments, the collection and dissemination of risk and past loss information, and the installation and operation of early warning systems
The Sendai Framework is a landmark soft law instrument with global goals, including risk reduction, early warning systems and building resilience however it is voluntary, non-binding and has no enforcement mechanisms. Furthermore, it is not pre-determined that the Sendai Framework will be extended beyond 2030 or superseded by a new framework.
A binding legal instrument as envisioned in Resolution 79/12 could take the aspirations of the Sendai Framework further, elevating DRR obligations to a legal, enforceable level, ensuring action. It could strengthen national governance, catalysing the development of laws, regulations and policies to promote coherence across sectors and levels of government.
While the Sendai Framework outlines how to reduce risk, a future Convention would establish what States are legally required to do. The Convention could coexist alongside soft law, evolving to integrate scientific knowledge and emerging risks.