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CHAPTER 2: LANDSCAPE CONTEXT

By understanding the existing of efforts of in-country stakeholders involved in DRM, private sector networks will be better able to assess gaps in private sector engagement and the potential for a network to add value.  This chapter will guide you through a process to landscape existing private sector DRM efforts in your country through desk research and consultation.  Through this landscaping process, networks will be able to identify specific needs, map them against existing efforts, and pinpoint gaps that still exist. Networks may also choose to use these resources to periodically update their landscape map as private sector engagement efforts in your country evolve.  

 

Note that completing the process described in this chapter relies on meeting with and gathering input from a variety of stakeholders to map their key activities, areas of expertise, and needs.  This can take time and multiple iterations to complete and to keep up-to-date. It should be considered an important ongoing part of the due diligence that should be completed before launching a network.  This landscaping should also be kept up-to-date as new information arises and as new actors come on the scene, to avoid having to conduct a major comprehensive refresh more frequently.

 

The resources in this chapter will help answer the following questions

  1. How can I best identify key stakeholders and actors in my country?

  2. Who are the key private sector actors in my country, and how are they engaged in DRM?

  3. Are there existing private sector networks in my country, and how are they engaged in DRM?

  4. What key government agencies are involved in DRM in my country and what is their current engagement with the private sector?

  5. What are the key UN agencies and NGOs involved in DRM in my country and what is their current engagement with the private sector?

  6. Are there any other key actors in my country engaged in DRM and what is their engagement with the private sector?​

  7. What are the gaps in private sector engagement in my country? What role could a private sector network play in the humanitarian space?

  8. What are the core legal and regulatory frameworks to be aware of that might impact private sector engagement in DRM?

8. What are the core legal and regulatory frameworks to be aware of that may impact private sector engagement in disaster risk management?
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<<VALUE OF IDENTIFICATION>>

 

Every country and region will have its own laws and regulations that lay out guidelines for humanitarian action, national disaster management, and climate change, among others.  To be most effective at the national level, a network should be recognized as a private sector representative within their specific national disaster management act or humanitarian policy, and should seek to ensure that the roles and perspective of the private sector be included in those and other frameworks. 

 

Examples of national or regional legal and regulatory frameworks to be aware of and to assess potential entry point into include:

  • National Humanitarian Policies

  • National Disaster Management Acts

  • National or Regional Climate Change Mitigation Guidelines

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Similarly, every country will have specific laws that affect how a network can be most effectively structured and operated and that may incentivize or disincentivize companies from participating in DRM.  Each network should consult their local legal counsel to fully understand their regulatory environment. 

 

The following are a few examples of what this has looked like in practice for existing networks:

  • Tax exemption: The Philippines Disaster Resiliency Foundation explored tax laws in their country as well as in the United State to create two linked tax-exempt non-profit organizations, able to collect donations both in the Philippines and from the Philippine diaspora community

  • Good Samaritan laws: Provide basic legal protection for people or organizations who give reasonable assistance if unintended consequences result from their assistance (Note: Although there is not yet an example of a network leveraging Good Samaritan laws specifically, the absence of these laws may make companies or organizations less willing to contribute to disaster relief efforts)

  • Corporate Social Responsibility (CSR) requirements: The Turkish private sector network Saglam Kobi partnered early on with the CSR Association of Turkey to grow their membership and to create incentives for companies to invest the network's programming activities

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Note to CBi: It would be helpful for Linklaters to provide additional input on what legal guidance to provide in this section, or other examples of relevant legal or regulatory frameworks to be aware of.

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<<EXAMPLES FROM OTHER NETWORKS>>

 

CBi member networks have identified and leveraged different legal incentives available in their context to improve the network's operations and resources. Some examples include:

  • The Philippines Disaster Resilience Foundation registered as a non-profit foundation, to make use of the nation's tax exemption rules and laws. Alternatively Madagascar's Private Sector Humanitarian Platform have no registered as a separate foundation due to resource requirements for similar laws in their context

  • The Philippines Disaster Resilience Foundation is also a registered nonprofit foundation in the United States, to reach donations from the diaspora community in the country

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