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Country Report

Legislative Review and Institutional Capability Assessment for Hazard

Mitigation

Belize

THE CARIBBEAN DISASTER EMERGENCY

RESPONSE AGENCY (CDERA)

and

THE CARIBBEAN DEVELOPMENT BANK (CDB)

October 2005

Prepared by

Ecoisle Consulting Inc. Physical Planning and Natural Resources Management Consultants

Letchworth Office Complex, The Garrison St. Michael, Barbados, West Indies

in association with

Pieter de Jong, AICP Hazard Mitigation Specialist

20700 Westerly Road Poolesville, MD 20837

Unites States of America

Table of Contents EXECUTIVE SUMMARY ...................................................................................................................... I

1.0 INTRODUCTION......................................................................................................................1

1.1 PROJECT OBJECTIVES ...........................................................................................................1 1.2 REPORT STRUCTURE .............................................................................................................2

2.0 APPROACH AND METHODOLOGY ......................................................................................3

2.1 THE INTERVIEW PROCESS ......................................................................................................3 2.2 THE QUESTIONNAIRE SURVEY ................................................................................................3 2.3 DOCUMENTATION REVIEW .....................................................................................................4

3.0 THE CONTEXT........................................................................................................................5

4.0 EXISTING ORGANISATIONAL ARRANGEMENTS ...............................................................8

5.0 ASSESSMENT OF RELEVANT EXISTING LEGISLATION .................................................10

5.1 FRAMEWORK FOR IDENTIFICATION OF RELEVANT LEGISLATION..............................................10 5.2 SUMMARY OF RELEVANT LEGISLATION..................................................................................11 5.3 REVIEW AND ASSESSMENT OF MITIGATION LEGISLATION.......................................................18

6.0 ASSESSMENT OF INSTITUTIONAL CAPABILITY..............................................................31

6.1 POLICY, PLANS, PROGRAMMES FOR HAZARD MITIGATION .....................................................31 6.2 INSTITUTIONAL REVIEW SURVEY FINDINGS ...........................................................................34 6.3 KEY OUTCOMES...................................................................................................................40

7.0 RECOMMENDATIONS..........................................................................................................42

7.1 LEGISLATIVE FRAMEWORK ...................................................................................................42 7.2 IMPROVING INSTITUTIONAL ARRANGEMENTS FOR HAZARD MITIGATION ..................................44 7.3 STRENGTHENING THE HAZARD MITIGATION PROGRAMME......................................................45

8.0 REFERENCES.......................................................................................................................48

8.0 REFERENCES.......................................................................................................................48

ANNEX 1: CONTACT LIST...............................................................................................................49

ANNEX 2: SUMMARY OF LEGISLATION........................................................................................51

List of Tables

TABLE 1: LIST OF PERSONS AND AGENCIES SURVEYED BY INTERVIEW ....................................................3

TABLE 2: LIST OF AGENCIES SURVEYED BY QUESTIONNAIRE...................................................................4

TABLE 3: SUMMARY OF RELEVANT LEGISLATION...................................................................................11

TABLE 4: ORGANISATION BY TYPE........................................................................................................35

TABLE 5: ORGANISATION BY SIZE .........................................................................................................35

TABLE 6: HAZARD MITIGATION TRAINING IN DEPARTMENTS...................................................................35

TABLE 7: HAZARD RISK REDUCTION INVOLVEMENT BY ORGANISATION ..................................................36

TABLE 8: STRENGTHS AND WEAKNESSES OF HAZARD RISK REDUCTION................................................38

TABLE 9: POTENTIAL HAZARD RISK REDUCTION MEASURES BY ORGANISATION .....................................39

GLOSSARY CAPABILITY – Describes the past and future potential performance of agencies to carry out the stated objectives of plans of programmes. A capability assessment should also address the Government’s ability to work in a coordinated and collaborative fashion among agencies and with the private and non-profit sectors.

CLIMATIC CHANGE - Change observed in the climate on a global, regional or sub-regional scale caused by natural processes and/or human activity (UNISDR). DISASTER - A serious disruption of the functioning of society, causing widespread human, material or environmental losses which exceed the ability of the affected society to cope using only its own resources. Disasters are often classified according to their cause (natural or man-made) (UNISDR). ENVIRONMENTAL ANALYSIS – An examination of the environmental parameters of a given activity ENVIRONMENTAL IMPACT ASSESSMENT- A planning and decision making tool which is used to predict the environmental consequences of any development project. This ensures that potential problems are foreseen and addressed at an early stage in the project. GLOBAL WARMING - Refers to the accelerated warming of earth's atmosphere that is believed to result from an accumulation of one or more greenhouse gases (e.g. carbon dioxide, methane, nitrous oxide) due to human activities. Human factors that contribute to global warming include the combustion of fossil fuels, nuclear fission and burning of forest. HAZARD - Threatening event, or probability of occurrence of a potentially damaging phenomenon which may adversely affect people, property and the environment. The event may be natural or man-made and is capable of causing a disaster. Hazards include earthquake, fire, explosion, chemical spillage, flood, epidemics, hurricanes, landslide, storm surge, tidal wave, volcanic eruption. HAZARD ASSESSMENT - The process of estimating the probability of the occurrence of potentially damaging phenomenon of given magnitudes within a specified period of time. HAZARD MITIGATION - Measures taken in advance of a disaster aimed at decreasing or eliminating its impact on society and environment. In climate change terminology, hazard mitigation is synonymous with adaptation to some degree. Climate change adaptation is an adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities (IPCC 2001).

HAZARD RISK REDUCTION- Actions taken to minimize or eliminate vulnerability to disasters (e.g. land use patterns, development planning, mitigation measures).

HAZARD RISK MANAGEMENT- The processes and structures that are used in the effective management of the potential occurrence of hazards. NATURAL HAZARD- Natural phenomena, which may occur in proximity and cause a threat to people, structures or economic assets and may cause disasters. They are caused by biological, geological, seismic, hydrological, or meteorological conditions or processes in the natural environment. PLANS – Documents that provide a framework for the implementation of policy action in conjunction with a set of specific strategic objectives. POLICIES – Statements that express the vision or the extent of the country to support hazard mitigation.

PROGRAMMES – Related, coordinated activities by one or more agencies that have a distinct focus or purpose. Programmes are often developed in direct response to policy and are enabled by the corresponding legislation or executive order. RISK - Expected losses (of lives, persons injured, property damaged and economic activity disrupted) due to a particular hazard for a given area and reference period. Based on mathematical calculations, risk is the product of hazard and vulnerability. SEA LEVEL RISE – An increase in mean sea level due to warming of the earth’s atmosphere. STRATEGIC IMPACT ASSESSMENT – A decision making tool used to integrate environmental considerations into government policy and programmes. Its overall objective is to lead to the design of policies that promote sustainable development. SUSTAINABLE DEVELOPMENT - A process of social, economic, political and environmental change through which use is made of all available resources so that present needs are met without compromising the ability of future generations to meet their own needs. VULNERABILITY– Refers to the extent to which a population, community, buildings, public services, utilities, civil works, economic activities or a geographic area is likely to be damaged or disrupted by the impact of a particular hazard.

ACRONYMS AND ABBREVIATIONS

BDF Belize Defence Force

CARICOM Caribbean Community

CBO Community Based Organisations

CDB Caribbean Development Bank

CDO Community District Officer

CDERA Caribbean Disaster Emergency Response Agency

CHAMP Caribbean Hazard Mitigation Capacity Building Programme

CIDA Canadian International Development Agency

CPACC Caribbean Planning for Adaptation to Climate Change

DM Disaster Mitigation

DMFC Disaster Mitigation Facility for the Caribbean

DoE Department of Environment

EIA Environmental Impact Assessment

EPA Environmental Protection Act

GIS Geographic Information System

GOB Government of Belize

HM Hazard Mitigation

IR Intermediate Results

NEAC National Environmental Appraisal Committee

NEC National Emergency Coordinator

NEMO National Emergency Management Organisation

NEMP National Environmental Management Plan

NGO Non Governmental Organisation

NHMP National Hazard Mitigation Policy

OAS Organisation of American States

PAHO Pan American Health Organisation

SDA Special Development Areas

SIA Strategic Impact Assessment

ToR Terms of Reference

Belize – Final Country Report: Legislative Review and Institutional Capability Assessment for Hazard Mitigation i

CDERA and CDB October 2005

Legislative Review and Institutional Capability Assessment for

Hazard Mitigation in Belize

EXECUTIVE SUMMARY

This Country Report presents the findings of a legislative review and institutional capability

assessment for the implementation of a natural hazard risk reduction programme in Belize. The

capability assessment evaluates the past and future performance of agencies to carry out the

stated objectives of policies, plans or programmes. It also considers the ability of the Government to

effectively coordinate implementation activities in a coordinated fashion between the many

ministries, departments, units and authorities that have a role to play in natural hazards risk

reduction. Finally, the assessment also addresses the capability of the Government to work in a

sustained collaborative effort with key stakeholders in the private and non-profit sectors and with

civil society at large.

The capability assessment is one part of a multi-phased project to support the development of

national hazard mitigation plans in Saint Lucia, Grenada and Belize. It is a collaborative effort by the

Caribbean Disaster Emergency Response Agency (CDERA), the Caribbean Development Bank

(CDB) and the respective national governments, with technical and financial support from the

Canadian International Development Agency (CIDA), the Organisation of American States (OAS)

and the US Agency for International Development (USAID). The CDERA/CDB collaboration

partnered at the national level with the Government of Belize (GOB) to adapt a model national

hazard mitigation policy to the specific political, social and organisational framework present in

Belize.

Belize is prone to a wide range of natural hazards including coastal erosion, hurricanes and tropical

storms, storm surges and floods (priority hazard ranking from the Hazard Mapping and Vulnerability

Workshop held March 29, 2004). Less frequent natural hazards of concern to the GOB include:

landslides, drought, wildfire, earthquakes, tsunami and volcanic ash deposits. In addition to these

extreme weather and geologic hazards, Belize is also vulnerable to the slow onset hazards

associated with global climate change, notably gradual sea level rise, loss of marine and terrestrial

biodiversity and potential impacts on the quantity and quality of water supplies. Belize’s economy

dependent upon agriculture and increasingly upon tourism, location within the hurricane belt,

concentration of major settlements in low-lying, coastal areas and limited human and financial

Belize – Final Country Report: Legislative Review and Institutional Capability Assessment for Hazard Mitigation ii


resources make it highly vulnerable to natural hazards and to adverse impacts of climate change.

The capability assessment included a comprehensive review of the legislative framework to

determine the extent to which hazard mitigation is addressed and whether existing legislation

provides adequate authority to implement hazard mitigation measures to reduce vulnerability. The

inception mission used semi-structured interviews with representatives of relevant line ministries

and key stakeholders to gauge the institutional capability for hazard mitigation. The limited time

allotted for interviews in country necessitated the use of questionnaires that were distributed to

broad range of government agencies and key stakeholders from the private sector, NGOs and

disaster relief organisations.

The legislative review revealed that although there is no single piece of legislation that addresses

hazard mitigation, the legal framework makes provision for addressing hazard mitigation through

several decision-making processes and institutional arrangements. The Disaster Preparedness and

Response Act does provide a basis to strengthen the legal framework governing hazard mitigation,

although as its name implies its orientation is to preparedness and emergency response functions.

Several pieces of legislation address land use, development review functions and physical planning

(Housing and Town Planning Act, Land Utilisation Act, and National Lands Act).

The major findings of the legislative review that could strengthen hazard mitigation and disaster risk

reduction objectives include:

Disaster Management Framework

a) The Disaster Preparedness and Response Act should be revised by making

provision for the National Emergency Coordinator (NEC) of the National Emergency Management Organisation (NEMO) to prepare annual Mitigation Action Plans.

b) The Disaster Preparedness and Response Act should be revised to give more focus

to hazard mitigation. There is a need to have more explicit provisions on hazard mitigation, and mainstreaming disaster risk reduction in the pre- and post-disaster environments.

c) The Disaster Preparedness and Response Act should be revised to remove any

potential conflicts or overlaps between the functions of NEMO and the Department of Environment in respect of the collection, analysis and dissemination of environmental information.

d) Revisions should be made to encourage greater inter-agency coordination and

collaboration especially with key agencies such as the Sustainable Development

Belize – Final Country Report: Legislative Review and Institutional Capability Assessment for Hazard Mitigation iii


Unit, the Coastal Zone Management Authority Institute, the Physical Planning Unit and the departments and authorities responsible for development review and physical planning.

e) Promote harmonization of policies and programmes with other relevant agencies such as those responsible for environmental management, land use planning and Environmental Impact Assessment (EIA).

f) The GOB should consider expanding the authority of NEMO by requiring Strategic

Impact Assessments (SIA) to ensure the coordination of relevant plans, policies and programmes and to determine the effects of these policies and programmes as they relate to hazard mitigation.

g) There is an immediate need to enact legislation to give legal effect to the draft

Building Code. Environmental Management

a) Belize has enacted modern environmental legislation that together with effective implementation programmes will ensure proper conservation and management of the environment. However, the Government should consider minor revisions to require consideration of vulnerability reduction measures, promote greater coordination and integration among relevant institutions, and harmonise applicable policies, plans and programmes.

b) The GOB should undertake formulation or strengthening of environmental standards

and regulations, particularly as they relate to preservation or restoration of sensitive environmental areas that also provide disaster resilience such as coral reefs, mangrove and other coastal wetland systems, natural floodplains, riverine buffers, and maintaining adequate natural forest coverage in the upper reaches of watersheds.

c) There should be harmonization of environmental and disaster management

legislation and policies making provision for (1) assessment of environmental causes of hazardous occurrences and vulnerability, (2) assessment of environmental actions that can reduce vulnerability, (3) assessment of environmental consequences of disaster mitigation actions, (4) inter-disciplinary approaches to environmental decision-making.

Environmental Impact Assessment

a) It is necessary to formally incorporate and mainstream disaster risk assessment and reduction into the EIA process by incorporating vulnerability assessments into EIAs.

b) Under the Environmental Protection Act it should be compulsory for the NEC of NEMO to be consulted on relevant development proposals during the scoping stage of EIAs.

c) EIA guidelines should ensure that proponents not only consider the impacts of

proposals on the environment but that consideration should be taken of the likely impacts of the environment on proposals, e.g. how will climate change/climate

Belize – Final Country Report: Legislative Review and Institutional Capability Assessment for Hazard Mitigation iv


variability affect proposals?

The consultants also compiled and reviewed the outcomes of the interviews and survey

questionnaires to determine the strengths and weaknesses of the existing institutional

arrangements for hazard mitigation. A summary of the institutional strengths and weaknesses

follow:

Strengths

• Belize has a requirement for country-wide consultation of policy initiatives and this provides an opportunity for public education and outreach on hazard mitigation.

• The GOB has formally adopted the National Hazard Mitigation Policy that provides a firm foundation for hazard mitigation planning in Belize.

• There is existing legislation and attendant regulations that support hazard mitigation, such as the Coastal Zone Management Act, the Environmental Protection Act, and the Land Utilisation Act.

• There are a number of programmes related to climate change, coastal zone management, and physical planning that offer distinct opportunities for an integrated approach to the mainstreaming of hazard risk reduction activities.

Weaknesses

• Limited financial resources. • Lack of specific hazard mitigation legislation or program guidance. • Limited human resources and technical expertise. • Lack of knowledge about the importance of hazard mitigation. • Poor inter-agency coordination and collaboration. • Poor linkages between public sector and private and non-profit sectors. • Inadequate regulatory, administrative and institutional framework for hazard mitigation. • Need for the upgrade or development of information systems to support multi-sectoral

decision-making. Section 7.0 of this Country Report contains the detailed recommendations of the consultant team to

improve institutional arrangements for hazard mitigation, promote greater inter-agency coordination,

and strengthen the national hazard mitigation programme. The major findings of this section are

summarized below:

Improving Institutional Arrangements

a) Providing hazard mapping and vulnerability assessment information developed as part of the CDERA/CDB Collaboration to the Land Information Centre, Lands and Surveys, and to the Coastal Zone Management Authority and Institute.

b) Incorporating natural hazards risk reduction concepts into any future implementation of

Integrated Development Planning mechanisms that are currently being considered by

Belize – Final Country Report: Legislative Review and Institutional Capability Assessment for Hazard Mitigation v


the Ministry of Natural Resources.

c) Supporting the integration of hazard mitigation initiatives into on-going maintenance and proposed projects within the Ministry of Public Works.

d) Supporting Forestry Department projects that have the potential to increase the natural

disaster resilience provided by sustainable forestry initiatives.

e) More effective integration of hazard mitigation concerns with development review, building code permitting and enforcement, and long range planning functions.

f) The institutional capability assessment revealed a lack of training in a number of line ministries with important hazard mitigation roles. Bringing together representatives from key line ministries, departments and units for hazard mitigation training can help create the coordination and collaboration necessary to implement an effective hazard mitigation programme.

Promoting Sustained Collaboration with Private and Non-Profit Sectors

a) Encourage professional associations, engineers and planners to help ensure the adoption and implementation of effective building codes, guidelines and other standards to minimize risk from natural hazards.

b) Collaborate with the financial sector to develop lending mechanisms that provide

incentives for hazard mitigation and ensure adequate financial support for rehabilitation and reconstruction.

c) Explore opportunities for regional pooled insurance and options for self-insurance

and/or joint insurance. d) Provide training on incorporating disaster resistant building practices for both the formal

and informal construction sector. e) Encourage informed investments by the private sector by making hazard maps and

vulnerability assessments readily available to the financial sector, developers, design professionals and to civil society at large.

f) Work with the tourism sector to develop corporate disaster management plans and

appropriate measures to address disaster risk reduction and general sustainability objectives.

g) Create communication channels between Government, citizens and businesses about

opportunities and difficulties that may arise in implementing hazard risk reduction measures.

h) Develop internal procedures to ensure that disaster risk management is considered by

the international development community where undertaking programmes and projects in Belize.

i) Expand agricultural conservation outreach programmes to promote better soil and water

management practices that reduce land degradation.

Belize – Final Country Report: Legislative Review and Institutional Capability Assessment for Hazard Mitigation vi


Strengthening the Hazard Mitigation Programme

a) Have post-disaster reconstruction mechanisms in place before a disaster strikes to facilitate long term recovery and reconstruction.

b) Expand upon existing education and community outreach programmes to reduce

vulnerability at the community level.

c) The development of a national hazard mitigation plan should be accomplished within the broader context of sustainable development, climate change, and coastal zone management programmes in Belize.

d) The relevant agency for administering the building code should have an adequate

budget to staff and train building code inspectors.

e) Additional training in hazard mitigation is recommended. In addition to comprehensive emergency management training for NEMO staff, training should focus on integrating hazard mitigation into development review and physical planning functions in the Land and Surveys Department, Information Centre, Department of Environment, and the Land Utilization Agency. Another recommended area for training focuses on integrating natural hazard risk reduction into the EIA process.

Belize – Final Country Report: Legislation Review and Institutional Capability Assessment for Hazard Mitigation 1


Legislative Review and Institutional Capability Assessment for

Hazard Mitigation in Belize

1.0 INTRODUCTION

The Caribbean Disaster Emergency Response Agency (CDERA) through the Caribbean Hazard

Mitigation Capacity Building Programme (CHAMP), and the Caribbean Development Bank (CDB)

through the Disaster Mitigation Facility for the Caribbean (DMFC), have collaborated on a multi-phased

project to support the development of national hazard mitigation plans in Grenada, Saint Lucia and

Belize. This natural hazard risk reduction effort was initiated with the development of a Model National

Hazard Mitigation Policy for use in CDERA Participating States and CDB’s Borrowing Member

Countries. The CDERA/CDB collaboration partnered at the national level to adapt the model policy to

the specific political, social and organisational frameworks present in each of three pilot states. The

Government of Belize has formally adopted the National Hazard Mitigation Policy and it provides a firm

foundation to inform the development of the national hazard mitigation plan.

The hazard mitigation planning process is expected to extend over a two and a half year timeframe from

November 2003 to April 2006 and comprises five (5) distinct but inter-related consultancies. The review

and assessment of legislation and institutional capability for hazard mitigation is one of the five (5)

related consultancies intended to inform the development of hazard mitigation plans by broadly

determining the existing level of national capability for hazard mitigation. The legislative review and

institutional assessment capability was undertaken in three (3) of the member states, namely, Belize,

Grenada and Saint Lucia. This report is the draft country report for Belize, only. Country Reports for

Saint Lucia and Grenada are presented under separate covers.

1.1 Project Objectives

This consultancy for Belize aims, to determine the existing national capability for hazard mitigation

through a review and assessment of legislation, agency mandates and activities. The consultancy was

delivered in four (4) broad phases inclusive of one in-country mission.

Phase 1 Phase 2 Phase 3 Phase 4

Recommendations Legislative Review

Institutional Capability Assessment

Inception Report



The first phase of the consultancy comprised an inception report that set the broad framework for the

review of legislation and institutional capability assessment in Belize. The inception report represented

the specific study objectives, the proposed approach and methodology to the consultancy, and time

lines for project deliverables. These second and third phases took place simultaneously as part of a 4-

day mission to Belize. This mission witnessed the conduct of a series of meetings with key agencies as

well as the identification and assessment of relevant legislation, policies, plans and programmes. The

fourth phase of the consultancy had as it’s main objectives; 1) the presentation of recommendations to

address gaps in the legislative framework; and 2) the presentation of recommendations for the

strengthening of institutional arrangements and programmes for hazard mitigation.

1.2 Report Structure Section 1.0 of this report presents an overview of the project process. Section 2.0 describes the

approach and methodology used to review and assess legislation and institutions in Belize with respect

to hazard mitigation activity. Section 3.0 offers an overview of hazard mitigation in the context of Belize.

Section 4.0 describes the existing organisational arrangements for hazard mitigation, while Section 5.0

identifies and assesses the relevant supporting legislation for hazard mitigation activities. Section 6.0

examines institutional measures and offers an assessment of capability, particularly, in terms of

pertinent activities, budgetary allocations and technical expertise. Section 7.0 makes specific

recommendations to strengthen the legislative framework, institutional arrangements and programmes

for hazard mitigation in Belize.



2.0 APPROACH AND METHODOLOGY

The legislative review of the existing laws in Belize that govern, directly or indirectly, hazard mitigation

activities was a desktop review. An inventory was developed of the existing laws, institutional

arrangements and administrative functions pertaining to hazard mitigation and related matters.

The institutional capacity assessment was predominantly a consultative process with the many agencies

that are involved, or should be involved, through legislation or custom, with hazard mitigation activities.

This consultative process took the form of a series of interviews complemented by the administration of

a survey by questionnaire.

2.1 The Interview Process The series of semi-structured interviews were considered to be central to the consultative process. The

agencies interviewed were considered to be critical to an effective understanding of the status of hazard

mitigation in the country and those that participated in this process are presented in Table 1:

Table 1: List of Persons and Agencies Surveyed by Interview Participant Position Agency

Baizar, Henry Chief Belize National Fire Service Cardona, Malikah Principal Planner Lands & Survey Department, Ministry

of Natural Resources Dominique-Hoare, Anna Executive Officer Belize Audubon Society Esphat, Jose Terminal Manager Esso Standard Oil S.A. Ltd Fairweather, Noreen Principal Land Information

Officer Land & Environment Centre, Lands & Survey Department, Ministry of Natural Resources

Fisher, Bryan Training Officer Belize National Fire Service Gomez, Alma Supervisor of Insurance Ministry of Finance Hanson, George Forestry Officer Forestry Department, Ministry of

Natural Resources Maza, Rony Advisor, Environmental

Health/Disaster Preparedness Pan-American Health Organisation (PAHO)

Mendoza, Patricia Chief Executive Officer Ministry of Natural Resources Milton, Mike Operations Officer Belize National Fire Service Mitchell, Omar Consultant Esso Standard Oil S.A. Ltd Segura, Edmund Senior Executive Engineer Ministry of Works Smith, Ted Assistant Chief Belize National Fire Service Vasquez ,Virginia Director Coastal Zone Management Authority &

Institute Attempts to have an interview with key personnel from the Meteorological Office were unsuccessful.

2.2 The Questionnaire Survey The purpose of the questionnaire was to collect specific information particularly with respect to staffing,

hazard mitigation training, budgeting and supporting legislation. The questionnaire survey was



conducted in two (2) rounds in an attempt to raise the overall number of responses. The following is the

list of agencies that were surveyed by questionnaire:

Table 2: List of Agencies Surveyed by Questionnaire Agencies Surveyed By Questionnaire Agencies Responding to

Questionnaire Survey National Emergency Management Office Responded (second round) Ministry of Health Responded National Meteorological Service Responded Ministry of Tourism Ministry of Finance Responded (second round) Belize Audubon Society Responded Forestry Department Responded Ministry of Economic Affairs Coastal Zone Management Authority and Institute

Responded

Physical Planning Section, Land Information Centre, Lands and Survey Department

Responded

Ministry of Works and Transport Responded Government Information Service Belize Ports Authority Responded Belize National Fire Service Belize Police Department Responded Pan-American Health Organisation Belize Electricity Ltd. Belize Fishermen Cooperative Association

Oak Foundation Belize Responded

2.3 Documentation Review Two documents were reviewed in the conduct of this study in order to obtain adequate background

information, to support verbal information, or to provide additional details on existing hazard mitigation

plans, policies and programmes. Documents reviewed include:

1. Belize National Hazard Mitigation Policy 2. Special Areas Development Programme

Documentation on existing policies, plans and programmes related to climate change and coastal zone

management were not readily available during the 3-day in-country mission. However, these initiatives

are of direct significance to an assessment of institutional capability to undertake hazard mitigation

activities.



3.0 THE CONTEXT

Belize lies on the Caribbean coast of Central America, bounded on the north and part of the west by

Mexico and on the south and the remainder of the west by Guatemala. The inner coastal waters are

shallow and are sheltered by a line of coral reefs, dotted with islets called ‘cayes’, extending almost the

entire length of the country. There is a low coastal plain, much of it covered by mangrove swamp, but

the land rises gradually towards the interior. The area of the mainland and ‘cayes’ is approximately

8,867 square miles (22,960 square kilometers).

The climate is subtropical, tempered by Trade Winds. Temperatures across the country are variable.

Temperatures in the coastal districts range from about 10°c (50°F) to about 35.6°c (96°F); inland the

range is greater. Similarly, rainfall varies from an average of 1,295 millimetres in the north to 4,445

millimetres in the extreme south. The dry season usually extends from February to May and there may

be a dry spell in August.

The population of Belize is approximately 279,457 (2004 census data). The country is multi-racial with

the main ethnic groups, according to the population census data, being Mestizo, Creole, Ketchi, Yucatec

and Mopan Mayas, Grafina and East Indian. The other ethnic groups are German and Dutch

Mennonites, Chinese, Arabs and Africans and these are heavily inter-mixed. Belize has a small open

economy and its principal sectors are currently agriculture, manufacturing (which includes primarily

agro-products such as sugar and citrus products, and services (primarily tourism services). In 2001

agriculture (sugar, citrus and banana), agro-products manufacturing and tourism were the major foreign

exchange earners. The relative strengths of the Belizean economy include an abundance of land,

forest, and water resources, Belize’s proximity to the United States market, and the country’s historical

close ties to the United Kingdom.

Belize has a long, low-lying coastline that accommodates 45% of the country’s population, its ports and

industries. Therefore, Belize, like most Caribbean territories, is vulnerable to a range of natural and

technological hazards. As noted in the Belize National Hazard Mitigation Policy, the country is located

in the hurricane belt and is affected, once every three (3) years on average by a hurricane or a tropical

storm, with the associated high wind damage and coastal storm surge. The hurricane vulnerability of

Belize is evidenced by the fact that during 2000 and 2001 two substantial hurricanes and one tropical

storm adversely affected the Belizean economy.

There is general consensus in the scientific community that the world is entering a phase of significant



global climate change. Some of the natural hazard issues that are anticipated to emerge from global

warming are gradual sea level rise and the increased frequency and severity of hurricane and major

storm events. There is recognition, due to Belize’s low-lying coastline, that climate change and sea

level rise will make Belize even more vulnerable to natural hazards.

With respect to technological hazards, the Belizean Barrier Reef, coastal installations, sea birds and

fisheries are constantly at risk from marine traffic (mainly oil tankers and cruise ships) traveling through

the country’s coastal waters. Also, oil tankers that transport fuel to inland towns and villages can

threaten water bodies, forest areas and other infrastructure. In addition, fires are an on-going risk in

Belize. These fires may start by natural causes such as lightening or by indiscriminate human actions

resulting in damage to grasslands and forest areas.

In is notable that Belize has in the past embarked on significant measures to reduce its vulnerability to

natural hazards through the creation of New Towns. The design and development of modern Corozal

Town is one of the earliest initiatives undertaken after the destruction of the town by Hurricane Janet in

1955. Then there is the creation of a new capital, City of Belmopan, following the severe damage to

Belize City as a result of storm surges due to the passing of Hurricane Hattie in 1961. More recently, in

2003, there has been the development of a residential community at Mahogany Heights approximately

32 miles from Belize City offering protection from storm and hurricane surges.

Belize faces a number of opportunities and constraints in the development of its National Hazard

Mitigation Plan and implementation of natural hazard risk reduction initiatives over the near and long

term. Some of those raised during the adaptation of the model hazard mitigation policy and during the

introductory hazard mitigation workshop include:

Opportunities:

• Belize has a requirement for country-wide consultation of policy initiatives and this provides an opportunity for public education and outreach on hazard mitigation.

• A draft National Hazard Mitigation Policy was underway and subsequently completed in April 2004. This document provides a firm foundation for hazard mitigation planning in Belize.

• Existing legislation and attendant regulations that support hazard mitigation, such as, the Coastal Zone Management Act, the Environmental Protection Act, the Land Utilisation Act, and the Building Code Bill.

• There are a number of programmes related to climate change, coastal zone management, and physical planning that offer distinct opportunities for an integrated approach to the mainstreaming of hazard risk reduction activities.



Constraints:

• Limited financial resources; • Lack of specific hazard mitigation legislation or program guidance; • Limited human resources and technical expertise; • Lack of knowledge about the importance of hazard mitigation; • Poor inter-agency coordination and collaboration; • Inadequate regulatory, administrative and institutional framework for hazard mitigation; and • Need for the upgrade or development of information systems to support multi-sectoral decision-

making.



4.0 EXISTING ORGANISATIONAL ARRANGEMENTS

The National Emergency Management Organisation (NEMO) is essentially a grouping agency with

emergency and disaster management responsibilities. NEMO is composed of1:

a. The Cabinet

Chair – The Prime Minister

Secretary – The Cabinet Secretary

b. The Secretariat (NEMO)

c. The Chairpersons (Permanent Secretaries) of:

10 Operational Committees

The Commandant Belize Defence Force (BDF)

The Commissioner of Police

The Chief Meteorological Officer

The Belize Red Cross - representatives

The Belize Teachers Union – representatives

d. District Emergency Committees each chaired by the Senior Minister in the District; with

the Mayor as the deputy Chairperson

Based on survey results during this review and assessment process, it seems that the relationships

between agencies that comprise NEMO is a formal one driven mainly by the need to satisfy objectives

related to emergency and disaster preparedness activities, and not by on-going mitigation initiatives.

The Mission Statement for NEMO reads as follows:

The National Emergency Management Organisation (NEMO) is established to preserve life and property throughout the country of Belize in the event of an emergency/disaster, threatened or real, and to mitigate the impact on the country and its people.

NEMO’s roles and responsibilities have been identified as:

• Policy and decision-making; • Approve national emergency/disaster plans; • The management of national emergency/disaster situations; • Declaration of Emergency Phase in the country; • Prepare official requests and agreements for international relief assistance (short term and

long term)’ and • Approve media reports relating to the emergency/disaster situation especially for the

international press. 1 Source of information on NEMO: NEMO Fact Sheet, 2003.



The NEMO Secretariat is the coordinating and implementing arm of NEMO. It has a small staff of

five (5) to six (6) persons and is charged with the following responsibilities:

a) Development and monitoring of all emergency/ disaster preparedness and mitigation plans;

b) Training of personnel – public and private sectors, in all levels of emergency/disaster preparedness and mitigation;

c) Dissemination of information and promotion of community awareness in emergency/disaster preparedness and mitigation;

d) Coordination of activities with related emergency organizations; e) Coordination and monitoring activities of the 10 operational committees; and f) Liaison between Cabinet, committees and the communities.



5.0 ASSESSMENT OF RELEVANT EXISTING LEGISLATION

This section comprises a review and assessment of the relevant laws. The overall objective of this

section is to assess the extent to which the legislative framework addresses hazard mitigation, and the

extent to which applicable laws support measures required to reduce both the impact of hazards and the

vulnerability of people and communities to hazards.

For the purpose of this section, mitigation2 refers to measures taken to reduce both the effect of the

hazard itself and the vulnerable conditions to it, in order to reduce the scale of the future disaster.

Hazard3 may be a natural or man-made event that poses a threat to people, property and the

environment and is capable of causing a disaster. Hazards include earthquakes, fires, explosions,

chemical spillage, floods, epidemics, hurricanes, landslides, storm surges, tidal waves, volcanic

eruptions.

Vulnerability4 refers to the extent to which a community, structure, service or geographic area is likely to

be damaged or disrupted by the impact of a particular hazard.

5.1 Framework for Identification of Relevant Legislation The Disaster Preparedness and Response Act of Belize is the most pointed legislation enacted to deal

with Hazard Management. Other legislation evaluated support a hazard mitigation framework as they

contribute towards the prevention or reduction and eradication of long term effects of hurricanes, storm

surges, floods, fires, earthquakes, volcanoes, landslides, oil spills and health epidemics.

In reviewing Belize’s legislation it was found that though drafters did not refer to hazard or disaster risk

reduction, legislation exists such as the Pesticides Control Act (Chapter 216, Revised Edition 2003),

the Housing and Town Planning Act (Chapter 182, Revised Edition 2000), the Solid Waste Management

Authority Act (Chapter 224, Revised Edition 2000), the Dangerous Buildings (Demolition) Act (Chapter

133, Revised Edition 2000), The Coastal Zone Management Act, Chapter 329, Revised Edition 2000),

and the Telecommunications Act (Chapter 229, Revised Edition 2000), inherently support Belize’s

management of hazards and disasters. For example, with reference to the Telecommunications Act, a

reliable telecommunication service is a significant element in a mitigation plan where disasters are

2 s.2 Disaster Management Act 2003, British Virgin Islands 3 s.2 Disaster Management Act 2003, British Virgin Islands 4 s.2 Disaster Management Act 2003, British Virgin Islands



concerned and the Pesticides Control Act provides a framework for regulation of pesticides for the

protection of health and safety and the environment.

5.2 Summary of Relevant Legislation Table 1 presents a summary of the laws relevant to hazard mitigation in Belize. This is followed by

descriptions of pertinent elements of these laws.

Table 3: Summary of Relevant Legislation

NAME OF

ACT

Chapter, Year

(Revised Edition)

RELEVANCE OF ACT

TYPE OF HAZARD

APPLICABLE

HAZARD MITIGATION

(HM)/DISASTER MITIGATION

(DM) 1 Constitution of

Belize Chapter 4, 1981

States the procedure for the declaration of the state of emergency, the time period, means of revocation.

Hurricane, Storm Surge, Flood, Fire, Earthquake, Volcano, Landslide, Oil Spill, Health Epidemic

HM and DM

2 Public Health Act

Chapter 40 Revised Edition 2003

Designed to preserve public health. Makes specific reference to the prevention of nuisances that can give rise to greater damage during hazard or disaster events and measures to prevent the spread of small pox.

Health Epidemic HM

3 City Building Act

Chapter 131, Revised Edition 2003

Speaks to construction parameters and maintenance of city structures. Speaks specifically to precautions owner, occupant or user of a property must take during hurricane watch periods.

Hurricane, Storm Surge, Flood, Fire

HM

4 Disaster Preparedness and Response Act

Chapter 145, 2000 and subsidiary legislation Chapter 145s, 2003

Provides for a more effective organisation of the mitigation of, preparedness for, response to and recovery from emergencies and disasters.


HM and DM

5 Housing and Town Planning Act


Speaks to nuisances and the power to require the owner to take down, secure, repair or rebuild to the satisfaction of the Central Authority within a time to be specified in the notice.

Hurricane, Storm Surge, Flood, Fire, Landslide

HM

6 Forest Fire Protection Act


Makes provisions for the prevention of forest fires or bush fires and the extinguishing of such fires.

Fire HM and DM



NAME OF

ACT

Chapter, Year

(Revised Edition)

RELEVANCE OF ACT

TYPE OF HAZARD

APPLICABLE

HAZARD MITIGATION

(HM)/DISASTER MITIGATION

(DM) 7 Agricultural

Fires Act

Chapter 204, Revised Edition 2000

Requires permission for setting fire on land.

Fire HM and DM

8 Water Industry Act


Makes provisions for regulation and provision of water and sewerage services, water pollution control, control of pollution. Specifically, it speaks to the duty to supply water for fire fighting.

Fire, Health Epidemic

HM

9 Mines and Minerals Act


Impact of mining on adjoining or neighbouring areas and their inhabitants and the need to prevent, limit and treat pollution

Landslide, Health Epidemic

HM

10 Environmental Protection Act The Subsidiary Laws of the Environmental Protection Act

Chapter 328 Revised Edition 2000 Chapter 328s Revised Edition 2003

Establishment, functions and powers of the Department of the Environment; prevention and control of environmental pollution, and the carrying out of Environmental Impact Assessments. Makes provisions for Environmental Impact Assessment Regulations, Environmental Protection (Effluent Limitations) Regulations and Environmental Protection / Pollution Regulations.


HM and DM

11 Riots Compensation Act


Compensation for loss of property as a result of riots

Riots DM

Constitution of Belize, Chapter 4 1981

Section 8 of the Constitution states that no person shall be held in slavery or servitude, or be required to

perform forced labour. It notes, however, that the expression "forced labour" does not include, as stated

in subsection (3)(d), any labour required during any period of public emergency or in the event of any



accident or natural calamity that threatens the life and well-being of the community, to the extent that the

requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing

during that period or as a result of that accident or natural calamity, for the purpose of dealing with that

situation.

Under section 18 the Governor-General may, by proclamation which shall be published in the Gazette,

declare that a state of public emergency exists. These states of emergency include where a public

emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of

pestilence, outbreak of infectious disease, or other similar calamity; or that action has been taken or is

immediately threatened by any person or body of persons of such a nature and on so extensive a scale

as to be likely to endanger the public safety or to deprive the community, or any substantial portion of

the community, of supplies or services essential to life.

Public Health Act Chapter 40 Revised Edition 2003

The Public Health Act implicitly supports any hazard mitigation efforts of Belize. Section 132 of the Act

provides that the Minister may make regulations regarding:

(a) the removal of house refuse, and other offensive matter; (b) the cleansing of earth-closets, privies, ash-pits, cesspools, sump pits and septic tanks; (c) the cleansing and watering of streets; (d) the trimming of trees and control of vegetation on private lands and premises abutting on any

public road, street, thoroughfare or other public place or having a frontage to the sea or a river; (e) the cleansing of unwholesome or verminous houses; (f) the cleansing or destruction of filthy or verminous articles; (g) the cleansing of verminous persons and their clothing; (h) the regulation and control, including the prohibition, of stables, mews, pig-sties and other

premises for the keeping of animals in towns, villages or other populous areas; and (i) the charging or levying of fees or rates for such services.

The above listed regulated areas would provide against damage caused during floods, storms and

hurricanes and could prevent health epidemics from occurring.

Section 133 of the Act makes it illegal for a person to cause a nuisance or to suffer to exist on any land

or premises owned or occupied by him or of which he is in charge or control any nuisance or other

condition liable to be injurious or dangerous to health.

The Public Health Act makes provisions for the prevention of highly contagious diseases. Section 163

(2) states that the public officers such as the public vaccinator, Registrar, revenue officer can inform a

magistrate when a child has not been vaccinated. Subsection (2) specifically speaks to small pox



vaccinations and the fining of a parent who has not ensured the vaccination of his child.

Section 164. (1) stipulates to the procedure for handling the occurrence of smallpox in Belize which may

entail vaccination or revaccination of exposed persons and the provision of proof of vaccination within

two years of the outbreak.

The Act also speaks to the punishment of “any person who produces or attempts to produce, in any

person, by innoculation with variolous matter, or by wilful exposure to variolous matter or by any matter,

article or thing impregnated with variolous matter, or wilfully by any means whatever produces the

disease of smallpox in any person is guilty of an offence, and is liable to imprisonment for a term not

exceeding six months for each offence (s166).”

City Building Act Chapter 131 Revised Edition 2003

The existence of this Act implicitly supports the notion of minimizing damage to city structures and the

impact of such damage on human quality of life by hazards and disasters. The act speaks specifically to

hurricanes and states that during hurricane watch periods “the owner, occupant or user of a property

shall take precautions for the securing of buildings and equipment, fabric awnings and swing signs shall

be latched to the ground, and such other precautions shall be taken for the securing of buildings,

structures, material or equipment as may be reasonably required.”

Disaster Preparedness and Response Act Chapter 145 Revised Edition 2000

The Disaster Preparedness and Response Act of Belize established the National Emergency

Management Organisation and the post of National Emergency Coordinator. It describes the

functions of the Coordinator. The Act also established the National Disaster Preparedness and

Response Advisory Committee, headed by Prime Minister as an ex officio Chairman who has the

power to appoint a Minister or public servant in his absence. Other members are nominated by the

Prime Minister from various agencies such as the Police Department, the Belize Defence Force, the Fire

Brigades, the Ministry responsible for public health, the Ministry responsible for the environment, the

Ministry responsible for public works, the Ministry responsible for local government.

Section 7 states that between January and March of every year, the National Coordinator is expected to

prepare a general report of activities during the previous year for consideration of the Prime Minister,

and for him to lay copies before the House of Representatives. The report should include a Disaster



Preparedness and Response Policy Review related to the mitigation of, preparedness for, response to

and recovery from emergencies and disasters in Belize. The National Coordinator is required to consult

with the National Disaster Preparedness and Response Advisory Committee in the preparation of the

Policy Review. Upon acceptance of the review by the Prime Minister (with or without amendments), the

National Coordinator is expected to publish the Review.

Section 8 stipulates that the National Coordinator shall prepare annually, in consultation with the

National Disaster Preparedness and Response Advisory Committee, and for the approval of the Prime

Minister, the National Disaster Preparedness Response Plan, comprising the statement of the

contingency arrangements under the coordination of the National Coordinator for responding to the

threat or event and aftermath of a disaster in Belize whether or not the threat or the disaster is such as

to prompt the declaration of a disaster emergency. Box 1 shows the stipulated content of the National

Disaster Preparedness Response Plan.

BOX 1 – STIPULATED CONTENT OF THE NATIONAL DISASTER PREPAREDNESS RESPONSE PLAN

The National Disaster Preparedness Response Plan shall include:

(a) procedures related to disaster preparedness and response of public officers, Ministries and Departments of Government, statutory bodies, local government units, and persons or organisations who volunteer or are required by law to perform functions related to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Belize;

(b) procedures for coordinating the national disaster response plan and its implementation with the preparation and implementation of disaster response plans of persons and bodies in paragraph (a);

(c) procedures for informing persons under paragraph (a) and the public in Belize and elsewhere of the existence of a threatened disaster alert under section 27 or of the existence of a disaster emergency;

(d) procedures for preparing and maintaining inventories of services, systems and supplies for the mitigation of, preparedness for, response to and recovery from emergencies and disasters during a threatened disaster alert under section 27 or the existence of a disaster emergency;

(e) procedures for mobilising services and systems for the mitigation of, preparedness for, response to and recovery from emergencies and disasters during a threatened disaster alert under section 27 or the existence of a disaster emergency, including procedures for the manning of Emergency Operations Centres;

(f) procedures for the protection and restoration of communications, both nationally and internationally, during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

(g) procedures for informing persons under paragraph (a) and the public in Belize and elsewhere of the state of affairs during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

(h) procedures for the release, distribution and replenishment of contingency stores of supplies of food, water, clothing and medical supplies during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

(i) procedures for safeguarding against fire and epidemics during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

(j) procedures for the provision of shelter for persons during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

(k) procedures for cooperation with international organisations and governments of countries outside Belize during



a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

BOX 1 – STIPULATED CONTENT OF THE NATIONAL DISASTER PREPAREDNESS RESPONSE PLAN

(l) procedures for accepting and facilitating the distribution of volunteer services and relief supplies during a threatened disaster alert under section 27 or in the event or the aftermath of a disaster emergency;

(m) procedures to apply in the event that the evacuation of all the residents of any area is considered to be desirable in the event of a disaster emergency;

(n) procedures to apply in the event that the requisitioning of private property is considered to be desirable in the event of a disaster emergency, including procedures for assessing and paying compensation;

(o) procedures for protecting life and property from the dangers of looting and riotous behaviour in the event or the aftermath of a disaster emergency.

Section 8 (2), Disaster Preparedness Response Act, 2000 The Act also discusses Emergency Operations Centres; and shelters and obligations of other Public

Officers. With respect to the latter, under Section 14, any power under any law to require an

environmental impact assessment is, whether such power is express or implied, a disaster

preparedness and response related power for the purposes of section 13(l), which states that with the

exception of the Director of Public Prosecution, a judge or a magistrate that persons exercising disaster

preparedness and response related powers should consult with the National Coordinator.

Other matters discussed in the Act include:

1. Specially vulnerable areas; 2. Threatened Disaster Alerts; 3. Application of Treaties; and 4. Miscellaneous matters such as:

a. s30 on Disaster hazard inspections, and b. s35 on Act binds the Crown.

Subsidiary Laws (2003) of the Disaster Preparedness and Response Act

Subsidiary Laws (2003) of the Disaster Preparedness and Response Act regulate Threatened Disaster

Alert Mobilisation, Shelter, Hazard Inspection and Procedure, National Disaster Preparedness and

Response Advisory Committee/Rules of Procedure Regulations. Housing and Town Planning Act Chapter 182 Revised Edition 2000 The Housing and Town Planning Act, also speaks to nuisances in s13.-(1) where it states “Whenever

any building normally occupied as a dwelling is, in the opinion of the Central Authority, ruinous or so

dilapidated as to have become unfit for human habitation or a nuisance or injurious or likely to be

injurious to health, the Central Authority may, with the approval of the Minister, give notice in writing to



the owner requiring him forthwith to take down, secure, repair or rebuild it to the satisfaction of the

Central Authority within a time to be specified in the notice.” Preventing and rectifying such nuisances

inherently mitigates against the impacts of disasters such as floods, fires and hurricanes.

Forest Fire Protection Act Chapter 212 Revised Edition 2000

The Forest Fire Protection Act makes provisions for the prevention of forest fires or bush fires and the

extinguishing of such fires, and for the building of fire lines, roads, bridges, fire towers or lookouts,

telephone systems and the supply of vehicles and equipment for fire fighting, transport and

communications and men employed to operate the machines, fight fires and man the fire lookouts.

Under the Act the Minister may, by Order published in the Gazette, declare any area of Belize to be a

fire protection area. Noted in section 4 is the requirement that the Chief Forest Officer prepares a fire

protection plan for any area declared to be a fire protection area. He is required to complete the plan

within six months after publication of the Order declaring the area in the Gazette, after which it is to be

submitted to the Minister for approval or any necessary amendments.

Agricultural Fires Act Chapter 204 Revised Edition 2000

Section 3 of the Agricultural Fires Act states that every person desirous of setting fire on land shall apply

in writing or in person to the authorised officer for a licence to do so and shall state in his application the

location and extent of such land and the reasons why, in his opinion, burning is necessary.

Water Industry Act Chapter 222 Revised Edition 2003 This Act makes provisions for regulation and provision of water and sewerage services, water pollution

control and control of pollution. Specifically, it speaks to the duty to supply water for fire fighting.

Mines and Minerals Act Chapter 226 Revised Edition 2000 This Act has taken into consideration the impact of mining on adjoining or neighbouring areas and their

inhabitants and the need to prevent, limit and treat pollution (s 94). This might suggest that drafters



intended to encompass hazards such as landslides, health epidemics and others that may be brought

on by the mining activities.

Environmental Protection Act Chapter 328 Revised Edition 2000 The Act deals with the establishment, functions and powers of the Department of the Environment.

More specifically it provides for Prevention and Control of Environmental Pollution, and the carrying out

of Environmental Impact Assessments (EIA). With respect to the latter, an EIA is required for any

project, programme or activity that may significantly affect the environment. The EIA is to be submitted

to the Environmental Department for evaluation and recommendations. The Act states in s20 (2) that

“An environmental impact assessment shall identify and evaluate the effects of specified developments

on:

(a) human beings; (b) flora and fauna; (c) soil; (d) water; (e) air and climatic factors; (f) material assets, including the cultural heritage and the lands Chapter; (g) natural resources; (h) the ecological balance; (i) any other environmental factor which needs to be taken into account.

The Subsidiary Laws of the Environmental Protection Act (Chapter 329s, 2003) makes provisions for

Environmental Impact Assessment Regulations, Environmental Protection (Effluent Limitations)

Regulations and Environmental Protection Pollution Regulations.

Riots Compensation Act Chapter 338 Revised Edition 2000 Section 3(1) of the Riot Compensation Act states that “where a house, shop or building has been

damaged or destroyed, or any property therein has been damaged, stolen or destroyed by any persons

riotously assembled together, such compensation as mentioned in section 4 shall be paid to any person

who has sustained loss by reason of such damage, stealing or destruction.”

5.3 Review and Assessment of Mitigation Legislation The Legislative framework in Belize makes provision for the following elements of mitigation:

a) National Legal-Institutional Framework b) Environmental Management c) Land Use Planning



d) Environmental Impact Assessment e) Building Construction

a) National Legal-Institutional Framework The Government of Belize has enacted modern legislation which provides a national coordinating

framework for disaster management. There is one main Act and six pieces of subsidiary disaster

legislation that have been developed since 2000. These are:

The Disaster Preparedness and Response Act, Chapter 145 Disaster Preparedness and Response (National Disaster Preparedness and Response Advisory

Committee) (Rules of Procedure) Regulations Disaster Preparedness and Response (Hazard Inspection) (Procedures) Regulations Disaster Preparedness and Response (Shelter) By-Laws Disaster Preparedness and Response (Shelter) Regulations Disaster Preparedness and Response (Threatened Disaster Alert Mobilisation) Regulations Disaster Preparedness and Response Act (Commencement Order)

The Disaster Preparedness and Response Act is the principal piece of disaster legislation in Belize. It

provides an overarching legal framework to support disaster management.

Strengths

i The main Act provides a legislative basis for the establishment of the National Emergency Management Organisation (NEMO) as the central disaster management focal point in Belize and it also establishes the post of National Emergency Coordinator (NEC) who is responsible for directing NEMO.

ii The Act makes provision for other appointed or designated persons to assist the NEC which,

once implemented, will strengthen the human resource capacity of the NEMO.

iii The NEC has responsibility for coordinating the general disaster management policy of Belize including, among other things, to the mitigation of emergencies and disasters.

iv The NEC reports to the Minister and in Belize the Prime Minister has responsibility for disaster

management. The Act also makes provision for specific roles to be performed by the Prime Minister. This places the general oversight for disaster management at the highest political level in Belize.

v The office of NEC of the National Emergency Management Organisation (NEMO) has key

administrative responsibilities under the Act for disaster issues including mitigation. The functions of the NEC are listed under Section 4 and include:

The NEC is directly responsible to the Prime Minister for the coordination of general

policy relating to disaster and emergencies issues including mitigation. Reviewing and appraising all other programmes and activities of the Government with



respect to the national disaster and emergency policy with a view to assessing the extent to which those programmes and activities are consistent with the National disaster and emergency policy. The NEC is then required to make recommendations to the Prime Minister based on his review and appraisal of other government programmes and activities.

The development of national policies to foster and promote disaster and emergencies management including mitigation. The NEC has a statutory duty to make recommendations in this regard to the Prime Minister.

Gathering timely and authoritative information concerning the conditions and trends in the

quality of the environment, both existing and anticipatory, as they relate to the likelihood of disasters in Belize.

Analysing and interpreting the information collected on environmental quality with a view to

determining the extent to which the trends and conditions of environmental quality affect the implementation of the national disaster and emergencies policy.

Conduct investigations, studies, surveys, research and analyses relating to ecological

systems and environmental quality and documenting and defining changes in the natural environment as they relate to the likelihood of disasters.

Preparing and reviewing disaster risk assessment maps for Belize.

Conducting public awareness and education programmes on disasters and

emergencies including mitigation.

Liaising with national, regional and international organisations with a view to exchanging information and allowing for the harmonization of policies relating to disaster and emergencies including mitigation.

Providing technical advice on the preparation of legislation including Regulations under the

Act and any other legislation in Belize. Section 6 of the Act provides for the establishment of a National Disaster Preparedness and Response

Advisory Committee to be chaired at the highest political level by the Prime Minister. The Advisory

Committee is a multidisciplinary body comprising various government entities including the Ministry with

responsibility for Environment. The members of the Advisory Committee all perform key disaster

management roles including mitigation. The NEC is the secretary to the Advisory Committee.

The Act confers other statutory duties on the NEC of NEMO that are related to disaster and emergency

management in general, including mitigation. These include:

Under section 7 - the preparation of annual Disaster Preparedness and Response Policy

Review. The NEC is required by the Act to consult the National Emergency Management Advisory Committee established under section 6 of the Act, in preparing the Policy Review. The Disaster Response Plan is subject to the approval of the Prime Minister and must be laid in Parliament.

Under section 8 - the preparation of annual National Disaster Response Plans. The legislation



specifies what elements should be addressed by the Disaster Response Plan. The NEC is mandated by the legislation to consult with the National Disaster Preparedness and Response Advisory Committee in the preparation of the Plan.

Under section 9 - responsibility for the establishment and maintenance of a National Emergency

Operations Centre to function as the headquarters of the activities undertaken in response to a disaster emergency. The NEC has the discretion to establish and maintain supplementary Emergencies Operations Centres.

The NEC has responsibility for establishing and maintaining a list of premises available and

suitable for use as shelters during a threatened disaster alert.

Under section 15 - the NEC has power to recommend to the Prime Minister the designation and delimitation of specially vulnerable areas.

Under section 16 - the NEC has power to prepare for the Prime Minister’s approval a draft

special area precautionary plan (SAPP). The SAPP may include - (a) strategies, policies and standards for the development and maintenance of structures in existing and proposed specially vulnerable areas; (b) standards for environmental impact assessment for contemplated development in specially vulnerable areas; (c ) provisions designating any part of the specially vulnerable area as a prohibited area in respect of navigation, or for purposes of removing vegetation, sand, gravel, stones, or shingle. A SAPP may include maps and diagrams.

A SAPP does not authorise any development that would require permission under the Planning

legislation or any other Act. All Permanent Secretaries and Heads of Departments have a statutory duty to ensure that at all times

there is a designated public officer within that Ministry or Department with responsibility for

communication with the NEC. Furthermore, each Permanent Secretary and Head of Department is

compelled to provide information on an annual basis to the NEC and in such form and by such date as is

required.

The Act stipulates that any person exercising powers under the Act must consult the NEC except the

Director of Public Prosecutions, a Judge or a Magistrate. It also makes reference to Environmental

Impact Assessment (EIA) and requires that the NEC must be consulted as long as it relates to disaster

preparedness and response. This allows for a measure of integration of environmental management

into the disaster management policy framework.

The Act stipulates that any person or authority exercising any function under the Act or any other Act

affecting the conservation of resources of specially vulnerable areas must have regard to the SAPP.

In instances where Belize is a party to a treaty or other international agreements that the Prime Minister

considers relevant to disaster management, including mitigation of emergencies and disasters, the PM

is authorized to proclaim that treaty or part thereof to be part of the Laws of Belize.



Weaknesses

i As its name suggests, the Act focuses on disaster preparedness and response and not much prominence has been given to hazard mitigation. Although the Act makes expressed provision for disaster mitigation it does not adequately address this issue. For example while the National Emergency Coordinator (NEC) of NEMO has a statutory duty to prepare certain annual plans and policy documents such as a Disaster Preparedness and Response Policy Review and a National Disaster Response Plan, there is no such expressed duty for the Director to prepare an annual Disaster Mitigation Plan.

ii The Act may cause some conflicts or overlaps with other institutions. For example, the

attempt to mainstream disaster management with environmental management may result in conflicts with the entity with lead responsibility for the collection, collation, storage, analysis and dissemination of environmental information.

iii Although the legislation stipulates that the NEMO should undertake any environmental

assessment in collaboration with government or other agencies, this notwithstanding, unless it is provided with the support of specialized technical and scientific expertise the NEC of NEMO will not be able to perform its statutory duties relating to research and analysis of environmental information.

iv There is no expressed requirement for the NEC of NEMO to consult with the key agencies

responsible for physical and land use planning or coastal zone management.

v The legislation requires that the National Disaster Preparedness Response Plan must include procedures related to disaster preparedness and response of public officers, Ministries and Departments of Government and units and persons or organisations who volunteer or are required by law to perform functions related to mitigation of preparedness for, response to and recovery from emergencies and disasters in Belize. This provision is applicable to public sector only and there is no legal requirement for the National Disaster Preparedness Response Plan to include procedures related to the private or business sector.

vi Whereas there is a statutory obligation for Permanent Secretaries and Heads of Departments

of the public sector to ensure that there is a designated public officer to liaise with the NEC there is no similar obligation on the private or business sector.

vii The law compels each Permanent Secretary or Head of Department to provide information, as

defined by the Prime Minister, to the NEC; however there is no similar requirement on the private sector or business community.

In 2003 the Government of Belize enacted six subsidiary sets of legislation to give effect to the

provisions of the parent Act, the Disaster Preparedness and Response Act. These pieces of subsidiary

legislation focus exclusively on matters relating to disaster preparedness and response and do not

address hazard mitigation.

b) Environmental Management The Yokohama Strategy states that: “environmental protection, as a component of sustainable

development and consistent with poverty alleviation, is imperative in the prevention and mitigation of



natural disasters”.

Environment and disasters are inextricably connected. Environmental degradation may reduce

environmental resilience and increase vulnerability. Effective environmental protection, management,

and conservation are necessary disaster mitigation measures. Environmental tools may be used for

reducing the impacts of hazards and reducing the vulnerability of communities. These tools

include environmental impact assessment (EIA), environmental management plans and policies,

sustainable natural resource use, sustainable land management, protection of water (fresh and marine)

quality, prevention of biodiversity loss, etc.

A country’s legislative responses to environmental issues may be proof of its commitment to addressing

the negative impacts of resource use and environmental degradation. Environmental legislation may

serve as a vehicle, therefore, to support hazard mitigation through the protection of natural

ecosystems (forests, rivers, coastal and marine areas, wetlands, ground water supplies, etc.). Forests

for example, play a critical role in providing a protective cover against soil degradation, erosion, floods,

biodiversity loss, drought, etc. The preservation or restoration of environmentally sensitive areas and

stream/river corridors serves multiple planning objectives including disaster resilience, biodiversity,

coastal zone, climate change and sustainable development. Belize has enacted a comprehensive

Environmental Protection Act (Chapter 328) that provides an overarching governance framework for

environmental management.

Environmental Protection Act Chapter 328 Revised Edition 2000

This Act deals with the establishment, functions and powers of the Department of the Environment.

More specifically, it provides for Prevention and Control of Environmental Pollution, and the carrying out

of Environmental Impact Assessments (EIA).

The Environmental Protection Act (EPA) establishes the Department of Environment and makes

provision for staffing including the post of Chief Environmental Officer. The duties of the Department of

Environment include:

Responsibility for continuous long term assessment of natural resources and pollution;

Protection and rational use of natural resources for the benefit of present and future generations, Conduct, promotion and coordination of research;



Provision of information and education to the public with respect to protection and improvement of the environment;

Undertake resource inventories;

Examination and evaluation and if necessary carrying out EIAs; and

Advise Government on policy - in this regard the Ministry of Environment is a member of the

National Disaster Preparedness and Response Advisory Committee in accordance with s. 6 of the Disaster Preparedness and Response Act, Chapter 145.

The Subsidiary Laws of the Environmental Protection Act (Chapter 329s, 2003) make provisions for

Environmental Impact Assessment Regulations, Environmental Protection (Effluent Limitations)

Regulations and Environmental Protection Pollution Regulations.

Strengths

i Belize has enacted modern environmental legislation that, once implemented will assist with the proper conservation and management of the environment.

ii Belize has established a new institutional framework to facilitate the implementation of the Environmental Protection Act.

Weaknesses

i The Act does not make any explicit linkage between environmental protection and hazard mitigation.

c) Land Use Planning


The Housing and Town Planning Act also speaks to nuisances in s13.-(1) where it states: “Whenever

any building normally occupied as a dwelling is, in the opinion of the Central Authority, ruinous or so

dilapidated as to have become unfit for human habitation or a nuisance or injurious or likely to be

injurious to health, the Central Authority may, with the approval of the Minister, give notice in writing to

the owner requiring him forthwith to take down, secure, repair or rebuild it to the satisfaction of the

Central Authority within a time to be specified in the notice.” Preventing and rectifying such nuisances

inherently mitigates against the impacts of disasters such as floods, fires and hurricanes.

The Housing and Town Planning Act establishes the Central Authority which has power under the Act to

undertake the following activities:

Acquisition, reconstruction and management of slum - clearance areas and re-development



areas The improvement of unhealthy areas The repair or demolition of in-sanitary dwellings

The Central Authority has power to acquire land or buildings for the erection, construction, maintenance

and improvement of houses, gardens, etc. The Central Authority has responsibility for preparing

planning schemes.

Section 41 of the Housing and Town Planning provides that before a planning scheme is prepared the

Central Authority must have regard to any special area precautionary plan (SAPP) that is required under

the Disaster Preparedness and Response Act.

d) Environmental Impact Assessment

In Belize the Environmental Impact Assessment (EIA) process is established by the Environmental

Protection Act, Chapter 328 and the EIA Regulations (1995). The Environmental Protection Act (EPA)

which was enacted in 1992 was revised in 2000.

Environmental Protection Act

The EPA does not define EIA. The Act, under s.20, stipulates that any person intending to undertake

any project, programme or activity which may significantly affect the environment shall cause an EIA to

be carried out by a suitably qualified person and submit it to the Department of Environment for

evaluation and recommendations.

The EPA also requires that the EIA must identify and evaluate the effects of developments on specified

components of the environment including:

1. Human beings 2. Flora and fauna 3. Soil 4. Water 5. Air and climatic factors 6. Material assets, including the cultural heritage and the landscape 7. Natural resources 8. The ecological balance

It is a requirement of the legislation that EIAs must include mitigation measures which the proponent

intends to take to reduce adverse effects on the environment and a statement of reasonable alternative

sites. The primary objective of EIAs is to protect and improve human health and living conditions and to

preserve the reproductive capacity of ecosystems.



Proponents are required by the EPA to consult with public and other interested bodies or organisations

when undertaking an EIA. The Department of Environment (DoE) has the discretion under the Act to

prepare its own EIA and to synthesize the views of the public and interested bodies. The DoE is

empowered to approve the EIA and must in doing so attach conditions that are reasonably required on

environmental grounds.

The EPA empowers the Minister to make regulations prescribing the types of projects, programmes or

activities for which an EIA is required. The regulation may also prescribe the procedures, contents,

guidelines and other matters relevant to conducting and reviewing EIAs. It is an offence under the EPA

for any person to fail to carry out an EIA as required by the Act or related regulations.

The Environmental Impact Assessment Regulations (1995) The EIA Regulations have been made pursuant to s.21 of the EPA and seek to regulate the conducting

and review of EIAs in Belize and establish criteria and procedures which should be used to determine

whether an activity is likely to have significant effects on the environment. The EIA Regulations create a

general obligation on all persons, agencies and institutions (public or private) unless exempted by the

Regulations that before embarking on a proposed project or activity, to apply to the DoE for a

determination as to whether an EIA is required.

The EIA Regulations prescribe minimum requirements for EIAs that include:

1. A description of the proposed activities. 2. A description of the potentially affected environment. 3. A description of practical alternatives. 4. A description of mitigation measures. 5. An indication of gaps in knowledge and uncertainty which may be encountered in collecting

and analyzing the data.

The procedural steps of the EIA process in Belize have been prescribed by Regulation 6 and include the

following three components; (i) a screening of the project by the DoE; (ii) a review of the EIA by the

National Environmental Appraisal Committee; and (iii) the design and implementation of a follow up

programme.

The EIA Regulations provide three possible triggering mechanisms for EIA in Belize:

1. All undertakings, projects and activities listed under Schedule I must have an EIA and the scope and extent of the EIA must be determined by the DoE;

2. The DoE has the discretion to request an EIA in respect of undertakings, projects and activities listed under Schedule II; and

3. Regulation 9 identifies a class of projects and activities that are exempted from the EIA process, such as educational projects, computer processing projects, projects within a Commercial Free Zone, and projects undertaken during national emergencies for which temporary measures have been taken by the Government.



Under Regulation12 a Proponent may request the DoE to provide EIA guidelines for the preparation of

the EIA and the DoE may provide the guidelines for a fee. The Regulations prescribe a time limit within

which the DoE must screen applications to determine whether an EIA is required.

The Proponent is required to prepare draft Terms of Reference (ToRs) and submit them to the DoE for

the purposes of an EIA. The DoE shall prescribe the contents of the draft ToRs and shall, after

examining the draft ToRs, advise the proponent about their adequacy. The ToRs must be agreed and

approved in writing by the DoE before the EIA can commence.

The EIA Regulations mandate the developer to undertake consultation with interested members of the

public who fall within or immediately adjacent to the proposed site during the preparation of the EIA.

The Regulations stipulate that the purpose of the public consultation is to provide information concerning

the proposal and to record the concerns of the local community. In addition, the DoE has the discretion

at any time during the EIA study to request written submissions from interested person and may forward

the comments to the developer.

The EIA Regulations clearly set out the format and contents of the EIA and establishes the procedures

for the review of the EIA. The DoE has 60 days within which to communicate its decision on the EIA to

the developer. Where an EIA is inadequate the DoE has the discretion, with the recommendation of the

National Environmental Appraisal Committee (NEAC), to request the developer to conduct further

studies and provide further information, to amend the EIA accordingly and to resubmit the EIA by a

mutually agreed date.

The DoE, on the recommendation of the NEAC, may require a public hearing in respect of any

undertaking, project or activity for which an EIA has been requested. To determine whether to request a

public hearing the DoE shall give regard to:

1. The magnitude and type of environmental impacts, the amount of investment, the nature of the geographical area, and the commitment of natural resources;

2. The degree of public interest in the proposal; and 3. The complexity of the problem.

The institutional framework for implementing EIAs involves the following key actors:

1. The Minister 2. The Department of Environment 3. The National Environmental Appraisal Committee 4. The Tribunal



The Minister

The Minister responsible for the Environment has been given specific statutory duties under the EPA

and the EIA Regulations. The Minister has been empowered under the EPA to make EIA Regulations

and under the EIA Regulations the Minister has the power to appoint a tribunal to hear appeals. The

Tribunal reports its findings to the Minister, who has the power under the EIA Regulations to allow the

appeal, permit the project or dismiss the appeal.

The Department of Environment (DoE)

The DoE has the overall responsibility for administering and implementing the EIA procedures and regulations. The National Environmental Appraisal Committee (NEAC)

Regulation 25 of the EIA Regulations establishes the National Environmental Appraisal Committee whose main functions include:

1. the review of all EIAs 2. advise the DoE of circumstances where a public hearing is desirable or necessary

The NEAC shall comprise the following members:

1. the Chief Environmental Officer 2. the Commissioner of Lands 3. the Housing and Planning Officer 4. the Chief Forest Officer 5. the Fisheries Administrator 6. the Chief Hydrologist 7. the Archaeological Commissioner 8. the Director of Geology and Petroleum 9. the Chief Agricultural Officer 10. two non-governmental representatives

The Tribunal

Regulation 27 (2) of the EIA Regulations empower the Minister to appoint a Tribunal to hear and determine appeals and report their findings to the Minister. Weaknesses

i The EIA regulations do not make any specific reference to the need to assess the vulnerability of the proposed project to natural hazards.

e) Building Construction Draft Belize Building Act



The Government of Belize has prepared a draft Building Act. The Act seeks to provide for the control of

building operations in the interest of public health and safety and to enable the introduction of

regulations prescribing standards relating to the use of materials and methods of construction, repair,

maintenance and demolition of buildings and the control of building development. The draft legislation

provides for the establishment of a Central Building Authority to be headed by a Director and other staff

including building inspectors. Under the proposed Building Act persons wishing to construct or demolish

a building are required to obtain a permit from the Director of the Central Building Authority.

The law prescribes a timeline of 6 weeks within which the Director is required to make a decision on an

application either approving the proposal or refusing it. The Director of the Central Building Authority is

empowered by the Act to require the removal or alteration of buildings.

All public buildings must be inspected once every four years by a competent engineer to determine

whether the building is safe. The Director has powers to enter buildings to inspect. Any change in the

use of a building requires the building to comply with the provisions of the Act as in the case of new

buildings.

Once the Government has declared hurricane conditions the law places a statutory responsibility on

owners, occupants and users of property to secure buildings and equipment.

The Minister has been given power under the Act to make regulations to give effect to the Act. The

regulations may prescribe technical building standards. The regulations may also provide for the

registration of builders and the qualification for their registration. More specifically, the Minister is

empowered to make regulations for the following categories of buildings:

New Buildings - preparation of foundations - methods of construction, structural strength and stability - materials - insulation, lighting and ventilation - dimension of rooms and space Existing Buildings - structural alterations or extensions to buildings - buildings where there is material change Strengths

i The proposed Belize Building Act provides for the development of necessary construction



standards and methodologies that, if applied, will improve the safety and quality of buildings. ii The development and implementation of Building regulations should reduce the vulnerability of

communities from natural hazards, for example through the reduction or prevention of the loss or destruction of property.

iii The standards are intended to be minimum and do not prevent the use of alternate approaches or materials.

Weaknesses

i The Building Act has not yet been enacted and any implementation is largely on a voluntary basis.

ii The monitoring and enforcement provisions and processes appear weak and uncertain. 5.4 Summary Generally the legal framework governing disaster mitigation in Belize makes provision for some of the

important decision-making processes including institutional arrangements. The main existing piece of

legislation, the Disaster Preparedness and Response Act, provides a fairly good basis on which to

strengthen the legal framework governing hazard mitigation.

The main weakness of the legislation is that it appears to offer more support to disaster preparedness

and response than to mitigation. This is demonstrated by the fact that although the principal piece of

disaster legislation refers to mitigation its provisions are weak in terms of promoting natural hazards risk

reduction. The preferred approach may be to amend the existing legislation with a view to strengthening

its effectiveness in respect of hazard mitigation. It will also be necessary to remedy any weaknesses

within other relevant pieces of legislation that focus on issues such as environmental management,

physical planning and building Construction.



6.0 ASSESSMENT OF INSTITUTIONAL CAPABILITY

This section comprises the identification and assessment of national policies, programmes and plans

that relate to hazard mitigation, directly or indirectly, and an assessment of those institutions involved in

hazard mitigation through legislation or custom. The assessment was conducted using as a benchmark

the strategic objectives of two of the intermediate results (IR) of the framework for comprehensive

disaster management in the Caribbean (Bisek 2001), namely:

IR-4: Preparedness, response and mitigation capability is enhanced and integrated.

IR-5: Hazard information is incorporated into development planning and decision making.

For the purposes of this report the following definitions will be used5:

Policies – are statements that express the vision or the intent of the country to support hazard mitigation.

Plans – are documents that provide a framework for the implementation of policy action in conjunction

with a set of specific strategic objectives.

Programmes – are related, coordinated activities by one or more agencies that have a distinct focus or

purpose. Programmes are often developed in direct response to policy and are enabled by the

corresponding legislation or executive order.

Capability – describes the past and future potential performances of agencies to carry out the stated

objectives of plans or programmes. A capability assessment should also address the Government’s

ability to work in a coordinated and collaborative fashion among agencies and with the private and non-

profit sectors.

6.1 Policy, Plans, Programmes for Hazard Mitigation This section examines those key policies, plans and programmes that offer support to hazard mitigation

in Belize by reviewing the following documents:

1. Belize National Hazard Mitigation Policy (Final Draft) 2004 2. Special Development Areas Programme

As noted earlier, the interview process revealed that there are some other programmes and policies

underway in Belize that offer support to hazard mitigation activities, such as those related to climate

change, coastal zone management and land use. However, the relevant documentation was not readily

available during the brief in-country mission that formed part of this consultancy.

5 Some definitions adapted form FEMA (2004). United States Virgin Islands: Draft Territorial Hazard Mitigation Plan.



Belize National Hazard Mitigation Policy (Final Draft) 2004

The government of Belize started the process for the development of a National Hazard Mitigation Policy

in April 2003 and a final draft was completed in April 2004. The main purpose of the policy is to provide

an integrated and proactive approach to hazard risk management and sustainable development at the

national, sectoral and community level.

Description

The Vision of the Belize National Hazard Mitigation Policy is:

“A society safer from natural and technological (man-made) hazards supported by integrated, social,

economic and natural resource development”.

To this end the two main goals are:

1) To enhance sustainable social and economic development, and environmental management through the integration of hazard risk reduction into national development processes.

2) To build the capacity of national institutions to more effectively implement programmes and projects to reduce vulnerability of the nation and people to natural and technological hazards.

The enabling objectives identified to meet these goals are as follows: The objectives related to goal 1 are:

i. To maintain natural resources at viable production levels where they will continue to yield useful benefits to resource users;

ii. To recover and sustain the ecological integrity of degraded terrestrial areas and aquatic ecosystems;

iii. To ensure that the primary resources of the nation are fairly and effectively distributed to afford the citizenry with an improved and acceptable quality of life;

iv. To pursue national development from a planned perspective; v. To discourage the practice of ‘squatting’ or informal settlement on public lands; vi. To promote agricultural and forest practices that are sustainable and consistent with the

landform and soil characteristics of the particular area; vii. To improve and expand the volume of information available to the public with regard to

the proper handling, disposal and management of hazardous materials; viii. Improve the national capacity to manage waste;

The objectives related to Goal 2 are:

i. To decrease the susceptibility of all sectors and particularly the Agriculture, Tourism, Fisheries, Forestry and Housing Sectors to severe weather events;

ii. To raise national consciousness about geohazards and the threat they pose to people and/or property;



iii. To lend greater financial support to public sector institutions with a role in natural resource management and hazard risk mitigation;

iv. To develop the appropriate legislative and regulatory framework for enforcement in support of hazard risk reduction.

v. To improve the information available to public sector agencies with a role in hazard risk management;

vi. To strengthen and enhance the capacity of NGOs, private sector and other stakeholders with a role in hazard risk reduction;

vii. To focus the attention of communities on their vulnerabilities to natural and technological hazards with a view of enhancing their participation in decision-making processes related to hazard risk reduction;

viii. To raise national consciousness with regard to the connectivity between global warming and the frequency and intensity of severe weather events.

The Policy document also identifies intervention strategies that will be implemented to give effect to

the stated objectives.

The plan identifies the following guiding principles that were used to inform the overall policy:

I. The value of vulnerability assessment and reduction II. The importance of an integrated approach to hazard risk management and development

planning, III. The requirement for community mobilization and public education, IV. The need for protection of the environment, and V. The need for good governance

Assessment The policy provides a comprehensive framework for natural hazard risk reduction and foundation for

the national hazard mitigation plan. It will important that the policy be used to shape and guide the

integration of key existing and future initiatives conducted in support of hazard mitigation.

Special Development Areas Programme (1993)

Description The Special Development Areas (SDA) Programme was established to create development and

investment opportunities in distinct areas identifies and having special development needs. These

areas have been identified as distinguishable socio-economic units across the country where enabling

mechanisms have been put in place to attract and guide development in the area. The areas include:

• Monkey River • Burrell Boom/ Hattieville/Ladyville • Manatee • Corozal Distruct east • Cayo District West • Manatee West



• Mango Creek • Belize District North East • Orange Walk District East • Corozal District North

There is a development planning process for each of these areas that involves an assessment of the

area’s existing land use, resource base and development trends. The development plan then identifies

an overall strategy for the development of the area and identifies, inter alia, areas with the potential for

future economic investment or expansion by land use sector as well as identifies those natural

resources in need of conservation or protection. Development plans have been prepared for seven (7)

of the SDAs to date and these areas are administered by sub-committees of the Land Utilisation

Authority. There is also involvement of key stakeholders at the community level.

Assessment The management of land use in the SDAs needs to be informed by more comprehensive hazard

mapping information and the legislative framework for this enforcement of building and siting standards

needs to be strengthened. In particular, current consulting work that seeks to incorporate hazard risk

reduction into the legislative framework for these areas should be fully supported.

The hazard mitigation policy reflects the recognition that loss of life and destruction to property are

exacerbated by poverty, environmental degradation, poor housing and the location of communities in

vulnerable areas. The SDAs present an opportunity to explore the use of an integrated approach to

hazard mitigation in distinct zones within the country. The process speaks directly to the need to be

proactive in the development planning process and the plans for the SDAs should be prepared and

administered with this focus. Additionally, the SDAs should serve as a catalyst for the pursuit of an

overall development plan and policy for the country so that the SDAs are prepared and administered in

the context of an overall development strategy for the country.

6.2 Institutional Review Survey Findings Of the 19 agencies surveyed by questionnaire, there were 12 responses (63%). These 12 questionnaire

responses were analysed along with the detailed results of four (4) semi-structured interviews. In

examining the survey results from agencies, the focus was on the requirements of this consultancy to do

the following: a) identify budgetary allocations to support hazard mitigation; b) determine the adequacy

of technical expertise to deliver the agency mandate; and c) assess the level political support to the

organisation.



Of the 16 survey responses, by questionnaire and interview, that were analysed 12 were within

government, with at least seven (7) of the 16 organisations (43%) having more than 40 persons as their

complement of full-time staff as illustrated in Tables 4 and 5.

Table 4: Organisation by Type

Type Government Private Sector

Non-Governmental Other Total

Number of Organisations 12 1 1 2 16

Table 5: Organisation by Size

Number employed 0-10 10-20 20-30 30-40 >40 Total

Number of Organisations 3 1 1 0 7 12

* Some organizations did not indicate their size

Only two of these organisations surveyed were not actively involved in the identification of risks. Those

organisations involved in identification of risks were:

• Belize Audubon Society (Database) • Belize Police Department (Maps, Reports) • Coastal Zone Management Authority and Institute (GIS, Maps) • Forest Department (Database, Maps, GIS) • Land Information Centre, Land and Surveys Department (Maps, GIS) • Ministry of Health (Database, Maps, Reports) • Ministry of Works and Transport (Database) • National Meteorological Services (Database, Maps, Other) • NEMO Secretariat (Maps, GIS)

Five (31 per cent) of the departments surveyed had no personnel trained in disaster management.

Three (19 per cent) of the departments had personnel other than the respondent who were trained in

disaster management. Although there is training for personnel, the pool of trained resource persons is

very small in most of the agencies surveyed. One (1) department last undertook training 1-3 years

before the survey, while two (2) departments were trained as recently as 1- 2 weeks before the survey

and four (4) were trained between 4 – 12 months before the survey. The type of disaster management

training is recorded in Table 6.

Table 6: Hazard Mitigation Training in Departments

Organisation Position Expertise/Training Belize Audubon Society Executive Director No training stated Belize National Fire Service

Chief No training stated

Superintendent Disaster Management Belize Police Department Inspector & all Senior Officers Disaster Management



EUC Management Disaster Management Recovery and Mitigation Community Preparedness, Oil Spills Preparedness

Belize Ports Authority Operations Manager

Response and Cooperation Organisation Position Expertise/Training

Coastal Zone Management Authority & Institiute

Director (Ag) No training stated

Forest Department Enforcement & Wetlands Programme Manager

Basic Training

Land Enforcement Centre, Land & Surveys Department

Principal Land Information Officer

Vulnerability Assessment of Flood Areas

Principal Public Health Inspector

Medical Suppliers Officer

Ministry of Health

Hospital Administrator

Part of a team in an on-the-job training in Coordination of Prevention, Mitigation, Preparedness and Response to Early Recovery related to Public Health

Snr. Executive Engineer Mitigation for Critical Facilities Ministry of Work & Transport Information Manager Flood Hazard Mapping

Ministry of Natural Resource and Environment

Chief Executive Officer

No training stated

Ministry of Finance Deputy Financial Secretary No training stated

NEMO Secretariat Assistant Training Officer No training stated

Oak Foundation Belize Meso-American Program Coordinator

No training stated

Physical Planning and Natural Resource and Management

Lands and Survey Department

Disaster Management and Vulnerability Assessment

Esso Standard Oil, S.A Limited

Terminal Manager

No training stated

Pan American Health Organisation

Environmental Health/Disaster Preparedness

Type of training dependent on resources Vulnerability reduction

Seven (44 per cent) of the respondents within the departments were trained in hazard mitigation.

However, only one (1) department had more than three (3) persons trained in hazard mitigation. All

departments, indicated involvement in hazard risk reduction in a project, programme, by policy or

thorough collaboration with another institution/organization. (see Table 7).

Table 7: Hazard Risk Reduction Involvement by Organisation

Organisation Type of Involvement by Organisation Belize Audubon Society Hurricane plans Belize Police Department Collaboration with:

• NEMO • Belize Defence Force • Fire Department • Transport Department



• Other Related Agencies Belize Ports Authority Maritime Pollution Coastal Zone Management Authority & Institute • A member of NEAC

• Gives approval for structures near to beach, over the sea or evaluation for shoreline or beach erosion

Organisation Type of Involvement by Organisation Forest Department Collaboration through NEMO Land Information Centre, Land & Surveys Department

Collaboration with: • NEMO • Environment • Hydrology • Central Statistics Office

Ministry of Health • Construction and Retrofitting of public health facilities

• Development of National Hazard Mitigation Policy

Ministry of Works & Transport Through the National Hurricane Plan National Meteorological Service • Public Awareness

• EIA Process • Policy Documents

Oak Foundation Belize • Issuance of grants to NGO’s to assist in conservation of Belize Barrier Reef

• Funding of initiatives that target global climate change by advocating for renewable energy

• Energy efficiency in the power and transport sectors through education, research and policy change in Europe, Canada and the NE US

This involvement in hazard mitigation has no legislative basis for 10 (62 per cent) of these departments with one (1) department not responding to the question. Also, seven (44 per cent) of the respondents were aware of a draft hazard mitigation policy for Belize. The activities of the following departments are based in legislation:

• Belize Police Department • Coastal Zone Management Authority & Institute • Ministry of Health • Ministry of Works & Transport • NEMO Secretariat

Five (31 per cent) departments had more than one source of funding, two (2) departments were self-

financing and four (4) utilized a single funding source. Three (3) departments had a budget or budget

information. These are:

• Forest Department

o BZ $400,000 for disaster preparedness o BZ millions for reconstruction/national mobilization o BZ tens of thousands to fight wild fires (not an annual cost)



o BZ millions for reconstruction and replanting

• Ministry of Health o BZ $500,000 for relief o BZ $1,000,000 for reconstruction

• National Meteorological Services

o BZ $1,000,000 for disaster preparedness o BZ $10,000 for reconstruction

The strengths and weaknesses of existing institutional arrangements with respect to hazard risk

reduction as expressed by the respondents are summarised in Table 8.

Table 8: Strengths and Weaknesses of Hazard Risk Reduction

Strengths Weaknesses

Organized NEMO Lack of policy or legislation Increased level of awareness of hazard prevention Lack of coordination among entities

Legislative basis exist Lack of human resources Experience in disaster preparedness /response/management Lack of financial resources

Public preparedness as a result of experience Political Commitment Financial commitment for planning and preparedness Lack of consistent and clear policy practices

Enforcement of zoning laws and regulations Sectoral turf protection

Planning urban and rural guidelines Insufficient numbers of trained individuals

Political will to support the process Insufficient financial resources

National recognition of the need Need portable/mobile medical equipment

External institutional support to the processes Comprehensive Training in all areas of Disaster Management and Hazard Mitigation

Ownership by many institutions (private/public)

Lack of committed resources to support the process

Challenges of implementation

Cost

Need shift in mindset (Cultural change)

Absence of equipment for the management of oil spills On roadways.

Lack of expertise for management of hazardous materials

Political interference Integrity of hurricane shelters

Lack of involvement of Ministry of Health in policy design process

Opportunities for collaboration with other countries in the region were identified as:



• Sharing of expertise • Support to local input • Sharing resources • Training • Sharing information

Finally, information was collected on the measures perceived by respondents that could be taken by

their individual departments or institutions to reduce or eliminate future disaster. These are presented

in Table 9.

Table 9: Potential Hazard Risk Reduction Measures by Organisation Organisation Measures

Belize Audubon Society • Be prepared • Plan for hazard mitigation

Belize Police Department Continue working closely with NEMO Belize Ports Authority • Education

• Mitigation measures Coastal Zone Management Authority & Institute

• Collect necessary data to put into GIS mapping system

• Work through ICZM guiding principles to get information on data needed

• Use public awareness program to disseminate information

• Use network committee to air discussion or act as a clearing house for ideas

Forest Department • Conduct a national hazard risk assessment to identify vulnerabilities

• Work with other institutions to develop plans, projects to reduce their vulnerabilities

• Strengthen present disaster legislation to effectively deal with hazard mitigation in order to ensure enforcement and compliance where both policies and structure can be employed

Ministry of Health • Yearly evaluation of status of readiness or preparedness

• Ensure availability of infrastructure or required assets, equipment

• Training of personnel • Simulation exercises

Ministry of Works & Transport • Replacement of damaged culverts and bridges

• Upgrading of highways and shelters

• Information dissemination • Internal continuous training



National Meteorological Service Collaborate with UC to prepare vulnerability maps

ESSO Standard Oil, S.A Limited • Regional collaboration should be put in place

• Adopting new building code for new structures and retrofitting older structures

Organisation Measures Pan American Health Organisation • Need for a regional strategy for

recovery • Need for implementation and

enforcement of building code at the local level.

Belize National Fire Service • Identification of sites that have hazardous materials/substances

• Development of standard for managing hazardous materials

• Establishment of a medical facility for the of burns

• Training in the area of high-rise (multi storey) fire fighting

• Development and increase capacity to management fires in marine environment, e.g., cruise ships

6.3 Key Outcomes Based on survey information, both questionnaire and interviews, it is evident that there is a high

awareness of hazard mitigation in Belize. The key findings of the survey are:

1. Limited Financial Resources

There are limited financial and technical resources available within key agencies to conduct hazard mitigation activities. Only three (3) of the agencies surveyed indicated budgets for hazard mitigation and the information provided revealed that those funds were geared more towards preparedness and reconstruction processes than mitigation. Consequently, the conduct of hazard mitigation activity is severely hampered by the lack of funds for (a) equipment for example, for the fire service to deal with chemical fires and the handling of hazardous waste; (b) technological aids (for example, mapping of vulnerable areas; and (c) appropriate and on-going staff training.

2. Inadequately Trained Staff Although most of the agencies surveyed had staff members trained in some aspect of hazard mitigation, our survey revealed that several agencies felt that the numbers of persons trained were inadequate to effectively execute the hazard mitigation responsibilities being undertaken by the agency. The result is an untenable situation that is evidenced by the same personnel being involved at all levels, including the inter-agency consultations, with respect to the hazard mitigation initiative being undertaken.

3. Low Levels of Participation



Those respondents to the survey were primarily from the public sector. There are low levels of participation from the private sector and the non-governmental organisations (NGOs) in an integrated approach to hazard mitigation, as witnessed by previous national hazard mitigation workshops. Increased efforts need to be made to bring these sectors on board since vulnerability reduction to hazards requires the involvement of all sectors at all levels. Given the vast extent of the country, the involvement at the community level is critical to effective hazard mitigation. The survey revealed that there is a need to strengthen mitigation activities at the community level through the enhancement of community based organisations (CBOs). 4. Inadequate Legislation

Several of the agencies surveyed indicated that they had no legislative base for their hazard mitigation activities. The survey revealed, therefore, that there are a number of legislative gaps with respect to hazard mitigation that need to be filled in order to ensure that critical hazard mitigation programmes and plans have a clearly defined coordinating entity and that these activities can be enforced and monitored. Also, legislative changes need to be taken to ensure harmony among all policies, programmes and plans relevant to hazard mitigation. The weaknesses and strengths of existing legislation have already been elaborated in Section 5.0 of this report and appropriate recommendations will be discussed in Section 7.0.

5. Limited Coordination/Collaboration Surveys revealed that existing hazard mitigation activities are compartmentalised across the public sector. Hazard mitigation efforts are not coordinated by any single body/agency, even though a number of the agencies are members of NEMO. For example, policies and programmes related to coastal zone management, climate change and development planning need to streamlined and there is a need for increased collaboration between the relevant agencies. There are also poor linkages between the work of the public sector and the private and non-profit organizations.

6. Institutional Strengthening Interviews revealed that NEMO as acoordinating agency is in dire need of institutional strengthening given the responsibilities with which it is charged. These responsibilities have been outlined in Section 4.0 of this report. Improvements to NEMO would place it in a stronger position to coordinate hazard mitigation activities and this coordinating role is very significant. The following Section 7.0 presents a number of recommendations to deal with some of the issues that emerged during the review and assessment of legislation and institutions relevant to hazard mitigation in Belize.



7.0 RECOMMENDATIONS

The recommendations of this consultancy are organized along three broad categories: (1) the

legislative framework; (2) improving institutional arrangements; and, (3) strengthening hazard

mitigation programmes.

7.1 Legislative Framework The Disaster Preparedness and Response Act is the principal piece of disaster legislation in Belize.

Although it addresses the concept of natural hazards risk reduction, there is much that can be done to

provide a greater emphasis on hazard mitigation. There is also a modern comprehensive environmental

legislation including Environmental Impact Assessment requirements and guidelines which, if

strengthened, can buttress the disaster management legislation. The National Lands Act and the Land

Utilization Act are the two principal pieces of legislation that address land use development issues.

Draft Building Code legislation has been prepared.

In order to improve the adequacy of the legal framework to support disaster mitigation it is necessary to

address the following concerns:

National Disaster Mangement Framework

h) The Disaster Preparedness and Response Act should be revised by making provision for the National Emergency Coordinator of NEMO to prepare annual Mitigation Action Plans.

i) The Disaster Preparedness and Response Act should be revised to give more focus to

hazard mitigation. There is a need to have more explicit provisions on hazard mitigation, and mainstreaming disaster risk reduction in the pre- and post-disaster environments.

j) The legislation should be amended to incorporate provisions governing the role of the

private sector and business community in respect of disaster management generally and hazard mitigation in particular. For example, the Government expanding existing opportunities for key stakeholders in the private sector to participate on relevant committees and councils.

k) The Disaster Preparedness and Response Act should be revised to remove any

potential conflicts or overlaps between the functions of the NEC of NEMO and the Department of Environment in respect of the collection, analysis and dissemination of environmental information. It is therefore recommended that perhaps the legislation should be amended by ensuring that the NEC of the NEMO performs those related environmental functions only after consultation with and subject to the agreement of the Ministry of Environment.

l) Revisions should be made to encourage greater inter-agency coordination and



collaboration especially with key agencies such as the SDU, the newly created Coastal Zone Management Authority and Institute and the departments and authorities responsible for development review and physical planning. The physical planning process is the preferred tool to operationalise hazard mitigation. The regulations guiding the day-to-day development review functions and long range planning efforts of the Lands & Surveys Department and Land Utilization Authority should be amended to provide greater enabling authority to address vulnerability reduction measures in the siting and construction techniques proposed for future developments.

m) Promote disaster mitigation within the NEMO work programmes, plans and policies.

n) Promote harmonization of policies and programmes with other relevant agencies

such as those responsible for environmental management, land use planning and EIA.

o) The NEC of NEMO has power under the Disaster Preparedness and Response Act to review other national policies and programmes. It is recommended that this provision should perhaps be widened to require an actual Strategic Impact Assessment (SIA) to ensure the coordination of relevant plans, policies and programmes and to determine the effects of these policies and programmes as they relate to hazard mitigation.

p) There is an immediate need to enact legislation to give legal effect to the draft

Building Code. Environmental Management

d) Belize has enacted modern environmental legislation that with effective implementation programmes will ensure proper conservation and management of the environment. However, the Government should consider minor revisions to require consideration of vulnerability reduction measures, promote greater coordination and integration among relevant institutions, and harmonise applicable policies, plans and programmes.

e) Formulation or strengthening of environmental standards and regulations, particularly as

they relate to preservation or restoration of sensitive environmental areas that also provide disaster resilience such as coral reefs, mangrove and other coastal wetland systems, natural floodplains, riverine buffers, and maintaining adequate natural forest coverage in the upper reaches of watersheds.

f) Harmonization of environmental and disaster management legislation and policies

making provision for (1) assessment of environmental causes of hazards occurrences and vulnerability, (2) assessment of environmental actions that can reduce vulnerability, (3) assessment of environmental consequences of disaster mitigation actions, (4) inter-disciplinary approaches to environmental decision-making.

Environmental Impact Assessment

d) There is a need to formally incorporate and mainstream disaster risk assessment and reduction into the EIA process.

e) There is a need to incorporate vulnerability assessments into EIAs. f) Under the Environmental Protection Act it should be compulsory for the NEC of NEMO to

be consulted on relevant development proposals during the scoping stage of EIAs.



g) EIA guidelines should ensure that proponents not only consider the impacts of proposals on the environment but that consideration should be taken of the likely impacts of the environment on proposals, e.g. how will climate change/climate variability affect proposals?

h) The EIA requirements should include Strategic Impact Assessments (SIAs) of related

policies, plans and programmes including all of the annual plans and policies produced by the NEC of NEMO.

7.2 Improving Institutional Arrangements for Hazard Mitigation

When implementing a natural hazards risk reduction programme in Belize with limited resources, it is

imperative to make linkages to other programmes, policies and activities that have high potential for

synergy with hazard mitigation objectives. Natural resource management is one area where multiple

planning objectives can be achieved. However, the lack of an integrated and collaborative approach

to natural resource management in Belize is a hindrance to attaining the necessary synergy. The Lands

and Surveys Department, and Forestry Department, both within the Ministry of Natural Resources, and

the Coastal Zone Management Authority and Institute, all have important roles to play in natural

resource management. The Government of Belize might consider some structural reorganisation of

roles and responsibilities within the respective line ministries and departments, related to optimising

natural resource management and hazard risk reduction objectives.

Other institutional arrangements for hazard mitigation that merit consideration include:

g) Providing hazard mapping and vulnerability assessment information developed as part of the CDERA/CDB Collaboration to the Land Information Centre, Lands and Surveys, and Forestry units within the Ministry of Natural Resources, in addition to the Coastal Zone Management Authority and Institute. This information would have value in updating or developing Special Area Development Plans and reviewing major development projects.

h) Incorporating natural hazards risk reduction concepts into any future development of

Integrated Development Planning that is being considered by the Ministry of Natural Resources.

i) Supporting the integration of hazard mitigation initiatives into on-going maintenance and

proposed projects within the Ministry of Public Works.

j) Supporting Forestry Department projects that have the potential to increase the natural disaster resilience provided by sustainable forestry initiatives (such as preserving and restoring mangrove swamps).

k) More effective integration of hazard mitigation concerns with development review, building

code permitting and enforcement, and long range planning functions. The findings of the legislative review and capability assessment revealed that there are poor linkages between development planning and natural hazard risk reduction objectives. A more coordinated and integrated institutional framework for hazard mitigation is needed.



l) The institutional capability assessment revealed a lack of training in a number of line

ministries with important hazard mitigation roles. Bringing together representatives from key line ministries, departments and units for hazard mitigation training can help create the coordination and collaboration necessary to implement an effective hazard mitigation programme.

m) The relevant agency for administering the building code should have an adequate budget

to staff and train building code inspectors. The agency should operate within an integrated framework such that the requirements of the building code and the guidelines are mainstreamed into sector plans, policies, projects and programmes.

The institutional capability assessment identified some other areas where a collaborative effort among

relevant government agencies would benefit the goal of reducing Belize’s vulnerability to natural

hazards. They include:

a) Develop a hazard risk reduction strategy for the agricultural sector and incorporate it into the

national physical planning process;

b) Restore impaired coastal resources and coastal ecosystems where technically and financially feasible;

c) Develop an integrated development planning approach and comprehensive land use plan

which addresses hazards and guides development to less vulnerable areas; d) Protect rivers and the upper reaches of critical watersheds, in addition to establishing

riparian buffer zones; e) Include climate change and hazard mitigation considerations in the budgetary process; f) Undertake reforestation and other forestry management practices to increase the resilience

of watersheds and catchment basins; g) Incorporate natural hazard risk reduction as a key element in national strategies for

sustainable development; h) Include an assessment of hazard vulnerability as consideration when reviewing private land

development proposals and for all major Government capital investments; and i) Ensure that appropriate vulnerability reduction measures are incorporated in new tourism

developments.

7.3 Strengthening the Hazard Mitigation Programme

One aspect of a comprehensive emergency management programme that might receive consideration

by the Government of Belize is to formalise the concept of mainstreaming disaster risk reduction to

facilitate recovery and reconstruction following future disaster events. Having post-disaster



reconstruction mechanisms in place before a disaster strikes, even in a stand-by mode, can

greatly facilitate long term recovery. This was a hard-learned lesson in Grenada. It took seven long

months after Hurricane Ivan struck the Island before their redevelopment authority, the Agency for

Recovery and Development (ARD), was officially in place. Comprehensive disaster management

legislation might include provision to activate a redevelopment agency immediately following a major

disaster event, empower it to assess damage and quickly develop an overall recovery strategy, and then

oversee reconstruction projects.

The findings of previous consultancies and our work on the legislative review and institutional capability

assessment reveal ongoing difficulties in bringing the private sector and NGOs into the hazard

mitigation planning process. Additional efforts are needed to make the remaining phases of the

national hazard mitigation plan enhancement process more participatory. The active involvement of

professional associations, disaster relief organisations, and the insurance, banking and the development

sectors is needed not only to develop an enhanced plan but to ensure that it is implemented following its

adoption.

Some specific recommendations that the Government of Belize should consider to foster sustained

coordination and collaboration with the private and non-profit sectors include:

j) Encourage professional associations, engineers and planners to help ensure the adoption

and implementation of effective building codes, guidelines and other standards to minimize risk from natural hazards;

k) Collaborate with the financial sector to develop lending mechanisms that provide incentives

for hazard mitigation and ensure adequate financial support for rehabilitation and reconstruction;

l) Explore opportunities for regional pooled insurance and options for self-insurance and/or

joint insurance; m) Provide training on incorporating disaster resistant building practices for both the formal and

informal construction sector; n) Encourage informed investments by the private sector by making hazard maps and

vulnerability assessments readily available to the financial sector, developers, design professionals and to civil society at large;

o) Work with the tourism sector to develop corporate disaster management plans and

appropriate measures to address disaster risk reduction and general sustainability objectives;

p) Create communication channels between Government, citizens and businesses about

opportunities and difficulties that may arise in implementing hazard risk reduction measures;



q) Develop internal procedures to ensure that disaster risk management is considered by the international development community where undertaking programmes and projects in Belize; and

r) Expand agricultural conservation outreach programmes to promote better soil and water

management practices that reduce land degradation.

In addition, there is a critical need to strengthen community-level involvement in hazard mitigation. It is

at the community level that vulnerability reduction measures make a significant difference, as people

begin to understand the need to and participate in reducing their own vulnerability to hazards. A

community education and outreach programme needs to be developed and launched in Belize using

their existing established regional public consultation process as a vehicle.

Belize is a participant in CARICOM’s regional climate change project, including several pilot projects and

hosting the Mainstreaming Adaptation to Climate Change (MACC) initiative. A multi-sectoral approach

has been taken that should be built upon, rather than be duplicated, by a completely separate hazard

mitigation initiative. Implementing hazard mitigation programmes should be viewed as practical short-

term steps that can help ensure adaptation to long-term climate change in the Caribbean. The

development of the draft national hazard mitigation plan should be accomplished within the broader

context of the ongoing MACC process in Belize.

The institutional capability assessment revealed a lack of training in a number of line ministries with

important hazard mitigation roles. In addition to comprehensive emergency management training for

NEMO staff, training should focus on integrating hazard mitigation into development review and physical

planning functions in the Land and Surveys Department and the Land Utilization Agency. Bringing

together representatives from key line ministries, departments and units for hazard mitigation training

can help create the coordination and collaboration necessary to implement an effective hazard

mitigation programme.



8.0 REFERENCES

Bisek, P.; Jones E.; and Ornstein C. 2001. Comprehensive Approach to Disaster Management in the Caribbean Project: A Strategy and Results Framework for Comprehensive Disaster Management in the Caribbean. CDERA, USAID and UNDP, Bridgetown. Caribbean Disaster Emergency Response Agency. September 2003. Country Report: Model National Hazard Mitigation Policy Adaptation Workshop – Belize: April 28 –30, 2003. Caribbean Disaster Emergency Response Agency. April 2004. Belize National Hazard Mitigation Policy – Final Draft. Government of Belize, Ministry of Natural resources, Government of Belize. Special Development Areas Programme.



ANNEX 1: CONTACT LIST

NAME POSITION DEPARTMENT/ORGANIS

ATION TYPE TELE/E-MAIL

Baizar, Henry Chief Fire Office Belize National Fire Service Gov Cardona, Malikah

Principal Planner Lands and Survey, Ministry of Natural Resources

Gov Tele: 822-2226; Fax 822-0736; E-mail: [email protected] or [email protected]

Espat,Jose Terminal Manager Esso Standard Oil S.A. Ltd Private Tele: 227-4949; Fax 227-1422; E-mail [email protected].

Fairweather, Noreen

Principal Land Information Officer

Lands and Environment Centre, Lands and Survey Department

Gov Tele: 822-2232/2249 /3419; Fax 822-2333; E-mail [email protected] or [email protected]

Fisher, Bryan Training Officer Belize National Fire Service Gov Flores, Godswell Principal Public

Health Inspector Ministry of Health Gov Tele: 822-2325/63; Fax

822-2942; E-mail: [email protected]

Fuller, Carlos Chief Meteorologist National Meteorological Service

Gov

Gomez, Alma Supervisor of Insurance

Ministry of Finance Gov Tele: 822-3808; Fax 822-3768; E-mail [email protected] or [email protected].

Hanson, George Enforcement and Wetland Programme Manager

Forest Department Gov Cell: 601-4132, Tele: 822-1524.

Hoare, Anne Executive Director Belize Audubon Society Other Tele: 223-5004; Fax 223-4985; E-mail: [email protected].

Maza, Rony Advisor Environmental Health/Disaster Preparedness

Pan American Health Organisation

NGO Tele/: 224-4885; Fax 223-0917; E-mail: [email protected]

Mendoza, Patricia

Chief Executive Office

Ministry of Natural Resources and Environment

Gov

Milton, Mike Operations Officer Belize National Fire Service Gov Mitchell, Omar Consultant Esso Standard Oil

S.A. Ltd Pri

Morrison-Fairweather, Imani

Meso-America Programme Coordinator

Oak Foundation Belize Other

mailto:[email protected]














NAME POSITION DEPARTMENT/ORGANIS

ATION TYPE TELE/E-MAIL

Parchue, Col, Peter

National Emergency Coordinator

National Emergency Management Organisation

Gov

Segura, Esmond Morton

Senior Executive Engineer

Ministry of Works and Transport

Gov Tele: 610-1206; Fax 822-3282;

Smith, Ted Assistant Chief Belize National Fire Service Gov Sosu, Nigeli Deputy Financial

Secretary Ministry of Finance Gov

Swaso, Gilbert Operations Manager

Belize Ports Authority Gov

Uck, Meleca Superintendent Belize Police Department Gov Tele: 822-2222 Vasquez, Virginia

Director (ag) Coastal Zone Management Authority and Institute

Other Tele: 223-0719; Fax 223-5738; E-mail: [email protected]




ANNEX 2: SUMMARY OF LEGISLATION

LEGISLATION DESCRIPTION Constitution of Belize Chapter 4 1981

Section 8 of the Constitution states that no person shall be held in slavery or servitude, or be required to perform forced labour. It however notes that the expression "forced labour" does not include, as stated in subsection (3)(d), any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation. Under section 18 the Governor-General may, by proclamation which shall be published in the Gazette, declare that a state of public emergency exists. These states of emergency include where a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease, or other similar calamity; or that action has been taken or is immediately threatened by any person or body of persons of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

Public Health Act Chapter 40 Revised Edition 2003

The Act implicitly supports any Hazard Mitigations efforts of Belize. Section 132 of the Act provides that the Minister may make regulations regarding the removal of house refuse, and other offensive matter; the cleansing of earth-closets, privies, ash-pits, cesspools, sump pits and septic tanks; the cleansing and watering of streets; the trimming of trees and control of vegetation on private lands and premises abutting on any public road, street, thoroughfare or other public place or having a frontage to the sea or a river; the cleansing of unwholesome or verminous houses; the cleansing or destruction of filthy or verminous articles; the cleansing of verminous persons and their clothing; the regulation and control, including the prohibition, of stables, mews, pig-sties and other premises for the keeping of animals in towns, villages or other populous areas; the charging or levying of fees or rates for such services. These regulated areas would provide against damage caused during floods, storms and hurricanes and could prevent health epidemics from occurring. Section 133 of the Act makes it illegal for a person to cause a nuisance or to suffer to exist on any land or premises owned or occupied by him or of which he is in charge or control any nuisance or other condition liable to be injurious or dangerous to health. The Act makes provisions for the prevention of highly contagious diseases. Section 163 (2) states that the public officers such as the public vaccinator, Registrar, revenue officer can inform a magistrate when a child has not be en vacinated. Subsection (2) specifically speaks to small pox vaccinations and the fining of a parent who has not ensured the vaccination of his child. Section 164. (1) stipulates the procedure for handling the occurrence of smallpox in Belize which may entail vaccination or revaccination of exposed persons and the provision of proof of vaccination within two years of the outbreak. The Act also speaks to the punishment of “any person who produces or attempts to produce, in any person, by innoculation with variolous matter, or by wilful exposure to variolous matter or by any matter, article or thing impregnated with variolous matter, or wilfully by any means whatever produces the disease of



smallpox in any person is guilty of an offence, and is liable to imprisonment for a term not exceeding six months for each offence.” (s166)

City Building Act Chapter 131, Revised Edition 2003

The existence of this Act implicitly supports the notion of minimizing damage to city structures and the impact of such damage on human quality of life by hazards and disasters. The act speaks specifically to hurricanes and states that during hurricane watch periods that “the owner, occupant or user of a property shall take precautions for the securing of buildings and equipment, fabric awnings and swing signs shall be lashed to the ground, and such other precautions shall be taken for the securing of buildings, structures, material or equipment as may be reasonably required.”

Disaster Preparedness and Response Act Chapter 145, 2000 and subsidiary legislation Chapter 145s, 2003

The Act established the National Emergency Management Organisation and the post of National Emergency Coordinator. It describes the functions of the Coordinator and established the National Disaster Preparedness and Response Advisory Committee, headed by Prime Minister as an ex officio Chairman who has the power to appoint a Minister or public servant in his absence. Other members are nominated by the Prime Minister from various agencies such as the Police Department, the Belize Defence Force, the Fire Brigades, the Ministry responsible for public health, the Ministry responsible for the environment, the Ministry responsible for public works, the Ministry responsible for local government. Section 7 states that the National Coordinator is expected to prepare an annual general report of activities during the previous year and for consideration of the Prime Minister, and for him to lay copies before the House of Representatives. The report should include a Disaster Preparedness and Response Policy Review related to the mitigation of, preparedness for, response to and recovery from emergencies and disasters in Belize. The National Coordinator is required to consult with the National Disaster Preparedness and Response Advisory Committee in the preparation of the Policy Review. Upon acceptance of the review by the Prime Minister (with or without amendments), the National Coordinator is expected to publish the Review. Section 8 stipulates that the National Coordinator shall prepare annually, in consultation with the National Disaster Preparedness and Response Advisory Committee, and for the approval of the Prime Minister, the National Disaster Preparedness Response Plan, comprising the statement of the contingency arrangements under the coordination of the National Coordinator for responding to the threat or event and aftermath of a disaster in Belize whether or not the threat or the disaster is such as to prompt the declaration of a disaster emergency. The Act also discusses Emergency Operations Centres; and Shelters and Obligations of other Public Officers. With respect to the latter, under Section 14, any power under any law to require an environmental impact assessment is, whether such power is express or implied, a disaster preparedness and response related power for the purposes of section 13(l), which states that with the exception of the Director of Public Prosecution, a judge or a magistrate that persons exercises disaster preparedness and response related powers should consult with the National Coordinator.

Housing and Town Planning Act Chapter 182 Revised Edition 2000

The Act speaks to nuisances in s13.-(1) where it states “Whenever any building normally occupied as a dwelling is, in the opinion of the Central Authority, ruinous or so dilapidated as to have become unfit for human habitation or a nuisance or injurious or likely to be injurious to health, the Central Authority may, with the approval of the Minister, give notice in writing to the owner requiring him forthwith to take down, secure, repair or rebuild it to the satisfaction of the Central Authority within a time to be specified in the notice.” Preventing and rectifying such



nuisances inherently mitigates against the impacts of disasters such as floods, fires and hurricanes.

Forest Fire Protection Act Chapter 212 Revised Edition 2000

The Act makes provisions for the prevention of forest fires or bush fires and the extinguishing of such fires, and for the building of fire lines, roads, bridges, fire towers or lookouts, telephone systems and the supply of vehicles and equipment for fire fighting, transport and communications and men employed to operate the machines, fight fires and man the fire lookouts. Under the Act the Minister may, by Order published in the Gazette, declare any area of Belize to be a fire protection area. Noted in section 4, is the requirement that the Chief Forest Officer prepare a fire protection plan for any area declared to be a fire protection area. He is required to complete the plan within six months after publication of the Order declaring the area in the Gazette, after which it is t be submitted to the Minister for approval or any necessary amendments.

Agricultural Fires Act Chapter 204 Revised Edition 2000

Section 3 of the Agricultural Fires Act states that every person desirous of setting fire on land shall apply in writing or in person to the authorised officer for a licence to do so and shall state in his application the location and extent of such land and the reasons why, in his opinion, burning is necessary.

Water Industry Act Chapter 222 Revised Edition 2003

The Act makes provisions for regulation and provision of water and sewerage services, water pollution control, control of pollution. Specifically it speaks to the duty to supply water for fire fighting.

Mines and Minerals Act Chapter 226 Revised Edition 2000

This Acts has taken into consideration the impact of mining on adjoining or neighbouring areas and their inhabitants and the need to prevent, limit and treat pollution (s 94). This might suggest that drafters intended to encompass hazards such as land slides, health epidemics and others that may be brought on by the mining activities.

Environmental Protection Act Chapter 328 Revised Edition 2000 and Subsidiary Laws of the Environmental Protection Act Chapter 328s Revised Edition 2003

The Act deals with the establishment, functions and powers of the Department of the Environment. More specifically it provides for Prevention and Control of Environmental Pollution, and the carrying out of Environmental Impact Assessments (EIA). With respect to the latter, an EIA is required for any project, programme or activity which may significantly affect the environment. The EIA is to be submitted to the Environmental Department for evaluation and recommendations. The Act states in s20 (2) that “An environmental impact assessment shall identify and evaluate the effects of specified developments on human beings; flora and fauna; soil; water; air and climatic factors; material assets, including the cultural heritage and the landscape; natural resources; the ecological balance; any other environmental factor which needs to be taken into account.

Riots Compensation Act Chapter 338 Revised Edition 2000

Section 3(1) of the Riot Compensation Act states that “where a house, shop or building has been damaged or destroyed, or any property therein has been damaged, stolen or destroyed by any persons riotously assembled together, such compensation as mentioned in section 4 shall be paid to any person who has sustained loss by reason of such damage, stealing or destruction.”

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