There is no way around this (at the moment), that is the situation and all of the old hands know it well. Don't be tempted to push anyone around or shout the odds with officials, they can slam the door in your face very firmly if they think you are a trouble maker. For goodness sake don't risk losing any friends at the first hurdle (unfortunately you will have plenty of battles to fight) don't let your adrenalin drive your tongue or everyone will soon find out what a inexperienced fool you are and treat you accordingly.

Keep calm.. read this...

Now I know that many in our business are frustrated and resort to bureaucrat bashing, but this is a mistake and we don't indulge in it. It is the duty of civil servants of any nation to enforce and administer the international laws on radiocommunication and quite rightly so. They are often keen to do all they can when they see an obvious exception to the rules, but sometimes we must do our part to help them to do this without putting themselves into serious trouble, for their powers are limited.

If there were no rules, radiocommunications as we know it would be impossible. Try using a CB set in central London or Birmingham and you will see that anarchy doesn't work well by radio. The radio spectrum is a finite and very precious thing. For example consider a satellite up link channel. If just any one were allowed to operate a transmitter on these frequencies, this would jam the satellite and make it unusable by you or anyone else.

The tragedy is that it may be the jammer would have no idea of the problem he is causing and even worse, if he is aware and is not of a mind to co-operate, there is hardly anything you could do about it. The problem is the same for HF radio. a person using a frequency with very high power can completely block other users and not be aware, or not care.

You can see why earnest international effort goes into deciding on international spectrum usage plans, and the most zealous guarding of the spectrum from those who would operate outside of the plan ,called Pirates, of which there are sadly all too many.⁶³

Each nation is responsible for making sure that the Internationally agreed rules are applied in their territory. There are many rules and regulations covering not only what can be done but also who is allowed to have the privilege of operating equipment which can potentially embarrass the host nation far beyond its own borders. This is why Radio Officers and Radio Hams have to pass such rigorous examinations before being allowed such freedoms.

The same is true for the equipment. Badly made equipment or obsolete types can ruin the whole game for more conscientious users and so only 'Type approved' equipment is allowed to be used, guaranteeing compatibility with existing or future services.

The seemingly obstructive bureaucrats perform for our benefit this very important service, they deserve our respect and support but are usually badly misunderstood by understandably pressured and frustrated disaster workers who need vital equipment and need it NOW.⁶⁴ They want to help us and are actively looking for ways around regulations that were intended to facilitate international co-operation not hinder it.

The whole business is very delicate indeed and needs handling in a mature and utterly responsible way. Work is always in progress on this subject and so the situation is always changing from country to country and even day to day. What follows is what I hope is a useful overview of the problems and solution faced by disaster communicators.

First, let us introduce the players in our drama.

5.2 The ITU

The International Telecommunications Union (ITU) is an international organisation, based in Geneva. Its main job is to make international telecommunications possible by setting standards. 'Working groups' of experts on a particular question or technology produce declarations stating what in their opinion is the best way of standardising communications. For example they decide how much and what frequencies are designated to each service who would use the radio spectrum. They also set standards in signalling so that a computer in one country can talk to one on another country and thus set up long distance telephone calls.

Periodically there are conferences where nations send a representative of their telecommunications organisation or ministry, in order to sign such agreement. However no country is obliged by law to keep to the resolutions, they do so because everyone agrees that it is in the best interest of international communications to standardise some things.

5.3 WGET

The Working Group on Emergency Telecommunications (WGET) is a group of experts in disaster communications. They meet regularly in order to make recommendations to be included in 'The International Convention on Emergency Telecommunications' to be held in the first half of 1996. They are subdivided into two groups:-

Group A is responsible for legal and regulatory issues to do with the definition of the format and structure of the forthcoming convention on emergency telecommunications. The facilitator of this group is the UNDHA.

Group B are responsible for Operations and system aspects of emergency telecommunications. This is the more technical stuff. Their job is to review what technology there is, what there will be, how it is used now and how it ought to be used in the future. the facilitators of this are the Committee International of the Red Cross (CIRC), and the Swiss Disaster Relief organisation (SDR).

5.4 UNDHA, DMT and UNDAC

To define the role of the United Nations Department of Humanitarian Affairs (UNDHA), also known as DHA, I could do no better than to quote a speech at the opening of the WGET's first meeting, made by the Director of the DHA himself, Martin Griffiths.

He says,- "The mandate of the DHA... includes...the collection and dissemination of information related to humanitarian emergencies, the mobilization, co-ordination and facilitation of international response to natural and man-made disasters and the provision of support to national and regional efforts towards disaster mitigation preparedness and prevention." He goes on to make the important statement. "Non of these tasks can be accomplished without the extensive use of telecommunications."

To provide on the spot practical help, the United Nations Disaster Assessment and Co-ordination team (UNDAC) is a team of experts in various disaster management related fields. They can be ready to give advice, and help with the co-ordination of international relief teams.

Apart from a permanent communications system within the UN, UNDHA has also developed a concept for disaster communications. The On Site Operations Co-ordination Center (OSOCC), is a field unit, flown out by the operators as hand baggage, and situated at or near to the disaster site. It is equipped with Satellite, VHF and HF Radio for communicating with local rescue teams and authorities. and is manned round the clock by expert communicators. It then uses these facilities to pass information to and from another unit in the capital of the affected country. When not in use the equipment is stored in Geneve.

The Disaster Management Team (DMT) is an ad-hoc group formed in the capital of a country affected by a disaster and consists of the representatives of all UN agencies and other major partners in humanitarian relief based in the capital. It is normally convened and chaired by the Resident representative of the United Nations Development Programme (UNDP) in his function as Resident Co-Ordinator of the UN System. The DMT is the main link to the national government of the affected country and to the Headquarters of the agencies concerned.

5.5 NGO's

The Non-Governmental Organisations (NGOs) are usually charities, not funded by any government, but by voluntary contributions from the public. For example the Red Cross and the DRCF are both NGO's, but of very different size! The Royal Signals Regiment of the British Army, for instance, is obviously not an NGO. The fact that NGO's are not funded by governments is both their strength and weakness. On the one hand they do not pose a political problem to the host government where the disaster has occurred. On the other hand they are often very small and poorly sponsored. Communicating with NGOs is sometimes difficult because the important figures of these organisations are often private individuals operating from their own homes. Some have pagers and callout systems but some do not.

Now that the stage is set, let's see the action.

5.6 Tampere Declaration, 1991

The Tampere declaration on disaster communications, 22 May 1991, Tampere Finland, was the result of the considerations of a 'group of experts in communications and disaster management'.

After the acknowledgement that each country has responsibility for disaster communications in its own territory, the group went on to look into early warning systems by satellite, and methods of quickly disseminating the information, by for example the use of broadcasting.

Paragraph 7 recognises that communication links are almost always disabled and disrupted during the first few hours of a major disaster, whereas there is an urgent need to establish comprehensive communications.

The Tampere conference called for a convention on disaster communications to be developed not later than 1993. ( This has not yet happened at the time of writing, in 1996 but is expected in 1996). The proposed convention should produce a comprehensive accord on disaster management.

Interestingly, the conference recognises the needs both of short term disaster relief organisations, and long-term needs of disaster mitigation.

Under the heading ' Communications in disaster relief', para 11 recognises at least four present limitations to disaster communications. Organisational barriers which impede the flow of information, uncertainty over what equipment is available and where, regulatory barriers both radio and importation, and rather refreshingly, the high cost of the most effective equipment ( such as satellite ), which inhibit their use by hard-up NGO's.

Tampere urged that the proposed convention on disaster communications should at minimum, set up a framework for all organisations to work together in a more co-ordinated way. The convention should also make sure that existing networks are utilised to the maximum.

Significantly, the convention should encourage the development of the Amateur Radio Services and their application to disaster communications.

A further recommendation was that all organisations should disclose the whereabouts and availability of their equipment so that a central database could be established detailing what is available and where.

Tampere also encouraged improved and enhanced national and international training programmes to develop the necessary expertise in the rapidly evolving field of disaster communications and the further consideration of the communications issues in disaster management training programmes.

Paragraph 12 subsections G, H and I are of very great interest to us. G urges the proposed conference to facilitate the rapid dissemination and effective use of communication equipment and resources by limiting, reducing and, where possible, removing regulatory barriers such as customs duties, restrictions on possession, technical information and rules concerning the temporary assignment of appropriate radio frequencies.

Subsection H urges the establishment of rules relating to entry exit and transit of men and equipment and other privileges. This is not under ITU responsibility and the UN is dealing with it separately. It is a matter of customs facilitation for relief equipment in general.

Section I urges the establishment of the basis for an appropriate tariff structure for domestic and international communications carriers including waiver of charge where appropriate and the necessary philosophy and approach to payment for communications services required in disaster relief efforts. WGET is working on this with the individual operators.

Paragraph 18 again recommends the development of a proposed convention on disaster communications to be co-ordinated by UNDRO (now the UNDHA) in co-operation with the ITU.

Para 19 is another one of interest to us. It recognises that it may take time for development of such a conference so the Tampere conference called upon all states to consider urgent measures to give effect to the provisions of this declaration on an interim unilateral or bilateral basis for general humanitarian reasons. This conference is now scheduled for first half of 1996.

Remembering that the conference has no actual power, why is this so important?⁶⁵ Well the rules that actually apply depend not upon the august bodies of international law, but rather on the administration of the state who's sovereign territory you are in. In fact they can give the nod or turn the blind eye as they will. What is stopping them from doing this? Perhaps the official you meet thinks he does not have the authority to do so. In which case, showing this may give him a graceful way out of his dilemma if he wants it.

However the conference needed recognising by a higher body, and this happened at the ITU World Telecommunications Development Conference, Buenos Aires march 1994, which we will discuss next

5.7 ITU Buenos Aires 1994

The ITU World Telecommunications Development Conference Buenos Aires march 1994 has useful information for us in Resolution 7 'Disaster Communications', which was unanimously adopted.

The ITU notes the Tampere declaration and further notes several other sources all agreeing heartily with Tampere. ITU recognises that disasters are bad and is convinced that telecommunications are good, but is concerned that they will not be working when needed.

They resolve to study the problem further, and include in the agenda of a competent World Radiocommunications Conference the relevant provisions, in other words, to make it happen. Interestingly for us, the ITU is invited to study charging and accounting in domestic and international disaster communications including waiver of charges where appropriate and a suitable tariff structure.

The best immediate paragraph is that the ITU urges administrations to take all practicable steps for facilitation the rapid deployment and the effective use of telecommunication equipment for disaster relief by reducing and where possible removing regulation barriers and strengthening transboundry co-operation between states. Again, this is something you can invoke if you find that an official is confused as to whether he has the right or authority to 'turn a blind eye' to what you are doing. If he can say that you have invoked this, perhaps he will feel less exposed.

5.8 ITU Plenipotentiary Conference, Kyoto 1994

The Final Acts of the Plenipotentiary Conference Kyoto, 1994 in its resolution 36, headed 'Telecommunications for Disaster Mitigation and Disaster Relief Operations' endorsed resolution 7 of the World Telecommunications Development Conference Buenos Aires 1994 and instructs the secretary general to report to the council at its 1995 session on the measures taken pursuant to WTDC resolution 7.

ITU ends by directly quoting resolution 7 urging administrations to reduce or remove barriers etc. Here is the so far most powerful argument you can use to persuade sluggish officials of your credentials.

5.9 ITU Resolution 640

An important Resolution affecting Amateur Radio operations is Resolution 640 of the International Telecommunications Union (ITU)World Administrative Radio Conference (WARC), Geneva, 1979. Its proper title is, "Resolution No. 640, Relating to the international use of Radiocommunications in the event of natural disaster, in frequency bands allocated to the Amateur Service".

It is readily available as part of the ITU Radio Regulations edition of 1990 revised 1994, directly from the ITU.

The ITU considers that in the event of a natural disaster, normal communication systems, such as the 'phone system, TELEX, mobile phones etc. are frequently badly damaged by the disaster, for example by destruction of the telephone exchanges (on which so much depends), or the mains electricity (which powers electronic communications systems). Even if this is not so, then the system may become overloaded. This will happen because in a normal situation, much less than 5% of the users of a certain telephone exchange will normally be using it at the same time. Therefore the exchange, for reasons of economy, only has enough circuits to carry about 5% of the theoretical maximum calls. As not everyone making a call will be calling outside their town, there are only about 10% of the lines leaving a town as there are circuits provided in the exchange.

Now visualise the situation when every user tried to use the phone at the same time. Only 5% will get through. This situation is called Blocking, or overload. The situation is the same or worse for the mobile phone system, so you can see that you can't depend on the normally dependable phone system in a disaster.

Against this, rapid establishment of communication is essential to facilitate world-wide relief actions. As we shall see, arranging communications by radio is hardly rapid, it can take weeks to get the licences, frequencies, type approvals etc.

On the other hand, the Amateur bands are not bound by international plans or notification procedures, and are therefore well adapted for short term use in emergency cases. ITU considers that international disaster communications would be facilitated by temporary use of certain frequency bands allocated to the amateur service. Under those circumstances the stations of the Amateur service, because of their widespread distribution and their demonstrated capacity in such cases can assist in meeting essential communications needs. In fact there exists national and regional Amateur emergency networks using frequencies throughout the bands allocated to the Amateur service.

ITU considers that , in the event of a natural disaster, direct communication between Amateur stations and other stations might enable vital communications to be carried out until normal communications are restored. The significance of this is that normally, a radio Amateur would refuse to talk to a non Amateur station because his licence prohibits this by law. Amateurs know the law because one of the two theory papers he must sit to get his licence is on radio law. By this resolution, the Amateur is allowed to work you and traffic messages for you and from you, this is called 'Third Party Traffic'. However he may need reassuring of this because all of his transmissions must be entered into a log book, which will be inspected by a government official. Therefore you should state clearly that you are invoking Resolution 640 for the traffic, this should put his mind at rest. It is however assumed that you do have some or other licence from the host government for the Radio equipment you are using.

ITU is pragmatic enough to realise that The rights and responsibilities for communications in the event of a natural disaster rest with the administrations involved. This means that you should get permission from someone to use resolution 640 on their territory.

On the other hand, if no government exists, then they are hardly likely to send radio inspectors around to check you equipment, so in that case you can probably safely go ahead until such authority appears. The subject of 'Spectrum use in a political vacuum' is on the agenda for future conferences, but in the mean time, what you get away with depends upon how mature you are about your privileges.

ITU resolved that the bands allocated to the Amateur service which are specified in Radio Resolution 510 may be used by administrations to meet the needs of international disaster communications. Note that it is the government that has this permission not you. You don't have an absolute right to demand these privileges from the government, so you must use diplomatic language when urging them to get on with giving some kind of 'nod'.

The Resolution also states that such use of the bands shall be only for communications in relation to relief operations in connection with natural disaster. In theory this means that you can't invoke it in a war zone, but in practice that will depend as usual on the administration (or lack of it).

The Resolution goes further to state that the use of specified bands allocated to the Amateur service by non-Amateur stations for disaster communications, shall be limited to the duration of the emergency and to the specific geographical areas as defined by the responsible authority of the affected country. This seems obvious and fair. The amateur bands are highly overloaded normally, and so can't handle unnecessary traffic that could or should go by 'phone once the normal services are restored. Don't use it to save money, only if it is the only alternative.

ITU state that disaster communications shall take place within the disaster area and between the disaster area and the permanent headquarters of the organisation providing relief. This means that you can contact Amateurs in for example the UK, and ask them to relay messages to your HQ. You can even set up a station in your HQ if you can find an Amateur to operate it. Again, a reminder that such communication shall be carried out only with the consent of the administration of the county in which the disaster occurred. And that of the country where your HQ is situated.

There may already be existing networks of Amateurs to traffic information out of the disaster area, and they will be using up much of the spectrum for this. For you to duplicate this effort is very wasteful of your resources and spectrum so the Resolution makes the proviso that relief communication provided from outside the country in which the disaster has occurred shall not replace existing national or international Amateur emergency networks. The point is also made that close co-operation is desirable between Amateur stations and stations of other radio services which may find it necessary to use Amateur frequencies in disaster communications.

We disaster Relief service users may feel that we have righteousness on our side and that we should have right of way, but not so. Para 8 states 'that such international relief communications shall avoid, as far as possible interference to the amateur service networks'. Therefore you have no right to demand that another station gets off your channel. You could though ask him to move off explaining the reason by saying "QRT ( stop sending ) or QSY ( change frequency), we are a disaster Relief service working to Resolution 640", ( which he should have heard of ).

ITU then concludes by inviting administrations to provide for the needs of international disaster communications and provide for the needs of emergency communications within their national regulations. In the UK the Radiocommunications Agency (RA) does this by encouraging radio Amateurs to set up and practice emergency networks.

5.10 Reservations

There is very much to be gained by the use of Amateur Radio by disaster relief organisations. It solves the problem of Type approval (as there isn't any), frequency allocation, as the frequencies are already allocated and inter working with other groups.

However it must be only a first fix. Resolution 640 is strictly for the acute phase of the emergency, about the first 4 weeks. If the operation is intended to for say longer than 4 weeks, then the usual procedures should be used to become properly established with a permanent licence. Inter working is often a problem as you may not be allocated the same frequency as another group you need to work with, and may not even know their frequency.

Using the Amateur bands is part of the solution during the acute phase, the other part is to agree to common calling channels, which everyone listens to, once a frequency allocation has been set by the host country. This requires you to remember to move to a separate working frequency (if one has been allocated) when you have the person you need, otherwise congestion could occur.

Obtain your own copy of the resolution and take it with you. You may come across an official who is reluctant to allow your equipment in to his country. Showing the Resolution and explaining it should demonstrate to him his obligation to be 'helpful', but remember, he is still the boss so ask, don't demand.

5.11 Comments

If you have an Amateur radio licence valid in the host country into which you are bringing your equipment and are mature about it, you can overcome the problems of licensing and type approval by bringing in Amateur band equipment and operating under Resolution 640. Once in the country, you could use Amateur Bands for local station to station communications, and if you take a general coverage transceiver, you could also use commercial frequencies, such as those of Portishead radio's for international traffic, provided that you have a licence so to do.

=REPORT=REPORT=

During the Koybe, Japan earthquake disaster, local radio hams provided 200 VHF handsets and quickly established many repeaters in the disaster zone.-RSGB

There are Amateur frequencies advertised as for disaster traffic in the VHF bands, so you could use amateur handheld equipment to communicate locally. Some models of modern Amateur equipment are however, rather complicated to operate, so you would need to be careful about what equipment you bring.

You should of course only use these privileges if you are intending a temporary stay in a disaster zone. You cannot use amateur band in a non-affected area, so you should start to apply for permanent channels if you think you are in for a long haul. To preserve inter working, co-ordinate this with other groups so that you will still have at least one common frequency.

At the end of the day, you will get what the host government allows you to have. None of the Resolutions give you any kind of direct right to use anything at all on someone else's sovereign territory if they say no. If you come across someone determined not to help, your only hope is to escalate the matter to someone higher until you get joy.

When you get someone who wants to be helpful, they may feel nervous about how much they can turn a blind eye to without getting into deep hot water. This is where your copies of the Resolutions endorsing Tampere come in (so remember to obtain copies and carry them about with the documentation for the equipment).

Don't refer to the recommendations as 'your rights', this will blow your credibility, rather you are 'requesting privileges'.

Be persistent but pleasant, use the word 'urgent' a lot, keep showing and reading the resolutions, and don't be afraid to escalate to higher authority when you get stuck. Good luck!

5.12 Slow Track

The provisions mentioned in Resolutions 640, 7, and 14 are only meant for temporary use while the proper authority is sought. You should at once start the procedures for applying for permanent use of the equipment if you expect to be there longer than say 4 weeks.

Some of the procedures are different for INMARSAT equipment, so you should ask for advice from INMARSAT.

To give you an idea of what you are up against, these are some of the things you will need to do to operate a permanent HF radio network.

5.13 Licences and frequency allocations

You must obtain a Licence to operate a radio transmitter, usually from the Post and Telecommunications administration of the country you are working in. Then you will need a frequency allocation from the host government also. Part of the clearance you get may be needed from the national security services, so make sure you don't even purchase and import the equipment until you have the licence. There is more information about this in the book "Where There Is No Telephone" but here is a summary.

First conduct your own survey of what you need, and what frequencies you think will be the most effective. You will need maps, diagrams and estimates of the expected traffic. Then go to the dealer of the intended equipment for performance specifications. Now you are ready to do battle.

This process can be a bureaucratic nightmare. You may be asked to show maps and diagrams of the network you intend to construct, give great technical details about the performance of the equipment you intend to import, even down to circuit diagram level, and provide detailed information about the nearest telephone system, in order to justify your frequency allocation.

The authorities may specify what equipment you shall use, with what power, what frequency and at what time of day. So it is a good idea to find out what other equipment is being used in the area in order to find out what sort of thing is acceptable.

You may have to be very persistent because some authorities will not grant a licence because they are intending to install telephone service in the area, (but they don't know when). Or they may just have a policy only to grant 1 out of 10 applications they get. The problem is that they may not inform you that your application has stalled, it is your business to hassle and haggle until you get what you need.

Sometimes the government prefers to work with a single voluntary body or consultant firm rather than any individual. Try asking around for who seems to have the most success.

5.14 Licence fee

Licence fees are renewable annually. The amount varies, but is around 100USD per set per year.

5.15 Type Approval

When you ask your salesman,' does this have type approval?' he will say 'yes'. Of course it does or they would never sell any. A better question is 'is it type approved in the country where it will be used, for this purpose as defined in my licence conditions?'. The rules for type approval vary according to time, country, and use. It is not the dealers responsibility to know that, so you should show him your licence as a spec for the equipment. Get a second opinion also, there are lots of bad stories about this.

5.16 Import Licences

You will be viewed as an importer if you bring equipment in to the country. Therefore you may be required to pay import taxes on it. You should find out about all this long before the stuff is shipped out and make sure the paperwork is along with the equipment, to prevent delays in customs. There are provisions occasionally for aid agencies not to pay import charges, if so, the relevant paperwork must be prepared. If the equipment is a gift from another organisation, then proof of this is also needed. The UNDHA is actively working of improving this situation.

5.17 TIR

If you are intending a short stay, then a TIR carnet will enable you to bring the equipment into the country without paying any dues. However you must remember to take it out of the country when you say you are going to, or else you will have to forfeit the bond that you put up to guarantee this. Even if it is destroyed, scrape up the bits and re-export them or you will lose your bond. One problem is that not all countries offer TIR service.

5.18 Pro-forma Invoice

At the customs officer's discretion, he may decide to allow you to import the equipment as 'personal', provided that you and only you re-export the equipment. A ticket is added to your immigration card and added into your passport, stating that you cannot leave without the equipment in your possession. You need to help customs by providing realistic estimates of the value of the equipment, by a document called a pro-forma invoice. This states the purchased or current value of the equipment. It goes without saying that you must fly out with the equipment that is mentioned in you passport or you will suffer delays and even heavy fines and penalties.

5.19 Draft of 'Disaster Telecoms' convention

At the time of publishing this edition of the book, the draft of the future convention was taking shape. Likely by the time you read this it will look different from this early draft, but I hope that its general shape will give you an idea of what the other work has been leading up to. This time, my comments are in italics and the text is in normal text. By the way, the drafters of the convention have very kindly checked over my comments and agreed that they are within the spirit of the convention.

If you have the hard bound version of the book then you will find the whole text in the appendix. I will now give a simplified commentary on some of its parts that caught my eye. It is not enough just to read my simplified commentary in order to understand its provisions. You can read it yourself and see what catches your eye. For an electronic copy, try, http://www.law.indiana.edu/law/disaster/disconv4.html

Drafter's Note

Telecommunication resources are increasingly recognized as essential to preventing, predicting, preparing for, responding to, and providing relief during and following disasters and other humanitarian emergencies, irrespective of their cause or duration. The effective use of such resources has been repeatedly demonstrated to reduce loss of life, human suffering, and damage to property and the environment otherwise caused by disasters. Moreover, telecommunications plays a central role in all humanitarian relief and assistance operations, especially those requiring international coordination.

Recognizing the critical importance of telecommunication resources in disaster mitigation and relief operations, representatives of States, United Nations entities, inter-governmental and non-governmental organizations, humanitarian agencies, and many other communication- and disaster-related organizations have called for improved, systematic international cooperation to facilitate the rapid deployment and the effective use of such resources for disaster mitigation and relief. Most recently, in 1994, the International Telecommunication Union World Telecommunication Development Conference adopted Resolution 7, on DisasterCommunications, which the International Telecommunication UnionPlenipotentiary Conference endorsed in Resolution 36, on Telecommunications for Disaster Mitigation and Disaster Relief Operations.

In response to these activities, the Working Group on Emergency Telecommunications-a forum through which international, governmental, andnon-governmental humanitarian organizations work to increase their effectiveness by addressing regulatory, operational, and technical aspectsof emergency telecommunica tions-has developed this Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations. The Convention is designed to be effective and pragmatic. Although it is necessarily an agreement among States, the drafters have, where possible, crafted its provisions to facilitate the vital humanitarian efforts of inter-governmental and non-governmental organizations as well.The Convention reflects many compromises and therefore does not necessarily reflect the views of any single participant in the Working Group.

Comments regarding this draft are welcome and should be directed to the Working Group's Secretariat, to the attention of Hans Zimmermann, United Nations Department of Humanitarian Affairs, Palais des Nations, CH-1211 Geneva 10, telephone +41 22 917-3516, facsimile +41 22 917-0023, e-mail hans.zimmermann@itu.ch. To contact the drafters directly e-mail fcate@indiana.edu.

The notes start off by again explaining the importance of telecommunications in disaster situations, and then explain the 'history' of the previously mentioned documents. An interesting paragraph explains that though the convention will be among States, that is sovereign governments (countries), the principles will also apply to non governmental organisation (NGOs)as well.

The document opens with the statement 'The state parties to this convention'. What they mean is that they wish representatives of governments to sign up to agree to the convention that follows. This means as usual that governments not agreeing to this convention are not obliged to offer you the privileges that the convention requires, if they are not signatories. It is always the case that you are under the authority of the sovereign government who's territory you are in. However it is in the interest of all NGO's and especially those involved with telecommunications, to see that states sign this convention.

Article 1-Definitions

Article 2-General Provisions

Article 3-Provision of Telecommunication Assistance

Article 4-Direction and Control of Telecommunication Assistance

Article 5-Privileges, Immunities, and Facilities

Article 6-Termination of Assistance

Article 7-Payment or Reimbursement of Costs or Fees

Article 8-Transit of Personnel, Equipment, Materials, and Information

Article 9-Telecommunication Resources Inventory

Article 10-Telecommunication Assistance Action Plan

Article 11-Regulatory Barriers

Article 12-Competent Authorities and Points of Contact

Article 13-Relationship to Other International Agreements

Article 14-Dispute Settlement

Article 15-Entry Into Force

Article 16-Provisional Application

Article 17-Amendments

Article 18-Reservations

Article 19-Denunciation

Article 20-Depositary

Article 21-Operational Coordinator

Article 22-Technical Coordinator

Article 23-Authentic Texts and Certified Copies

THE STATES PARTIES TO THIS CONVENTION,

RECOGNIZING that the magnitude, complexity, frequency, and impact of disasters are increasing at a dramatic rate, with particularly severe consequences in developing countries,

RECALLING that humanitarian relief and assistance agencies require reliable, flexible telecommunication resources to perform their vital tasks,

CONVINCED that the effective, timely deployment of telecommunication resources and that rapid, efficient information flows are essential to reducing loss of life, human suffering, and damage to property and theenvironment caused by disasters,

CONCERNED about the impact of disasters on communication facilities and information flows,

REAFFIRMING the absolute priority accorded emergency life-saving communications in more than fifty international regulatory instruments, including the Constitution of the International Telecommunication Union,

NOTING the history of international cooperation and coordination in disaster mitigation and relief, including the demonstrated life-saving role played by the timely deployment and use of telecommunication resources,

FURTHER NOTING the Proceedings of the International Conference on Disaster Communications, Geneva, 1990, addressing the power of telecommunication systems in disaster recovery and response,

FURTHER NOTING the urgent call found in the Tampere Declaration on Disaster Communications, Tampere, 1991, for reliable telecommunication systems for disaster mitigation and disaster relief operations, and for an international Convention on Disaster Communications to facilitate such systems,

FURTHER NOTING United Nations General Assembly Resolution 44/236, designating 1990-2000 the International Decade for Natural Disaster Reduction, and Resolution 46/182, calling for strengthened international coordination of humanitarian emergency assistance,

FURTHER NOTING the prominent role given to communication resources in the Yokohama Strategy and Plan of Action for a Safer World, adopted by the World Conference on Natural Disaster Reduction, Yokohama, 1994,

FURTHER NOTING Resolution 7 of the first World Telecommunication Development Conference, Buenos Aires, 1994, endorsed by Resolution 36 of the Plenipotentiary Conference of the International Telecommunication Union, Kyoto, 1994, urging administrations to take all practical steps for facilitating the rapid deployment and the effective use of telecommunication equipment for disaster mitigation and relief operations by reducing and, where possible, removing regulatory barriers and strengthening cooperation among States,

WITH REFERENCE to the conclusions of the Working Group on Emergency Telecommunications regarding the critical role of telecommunications in disaster mitigation and relief, SUPPORTED by the work of many States, United Nations entities, governmental, inter-governmental, and non-governmental organizations, humanitarian agencies, telecommunication equipment and service providers, media, universities, and communication- and disaster-related organizations to improve and facilitate disaster-related communications,

DESIRING to ensure the reliable, rapid availability of telecommunication resources for disaster mitigation and relief operations, and >

FURTHER DESIRING to facilitate international cooperation to mitigate the impact of disasters,

HAVE AGREED as follows:

ARTICLE 1

Definitions

Unless otherwise indicated, the terms set out below shall have the following meanings:

1. "Disaster" means a serious disruption of the functioning of the society, posing a significant, widespread threat to human life, health, property, or the environment, whether caused by accident, nature, or human activity, and whether developing suddenly or as the result of complex, long-term processes.

2. "Natural hazard" means a naturally occurring event or process, such as an earthquake, flood, wind, landslide, avalanche, cyclone, tsunami, insect infestation, drought, or volcanic eruption, which has the potential for triggering a disaster.

3. "Health hazard" means a sudden outbreak of infectious disease, such as an epidemic or pandemic, or other event posing a significant threat to human life or health, which has the potential for triggering a disaster.

4. "Disaster mitigation" means measures designed to prevent, predict, prepare for, respond to, and/or mitigate the impact of, disasters.

5. "Telecommunications" means any transmission, emission, or reception of signs, signals, writing, images, sounds, or intelligence of any nature, by wire, radio, optical fiber, or other electromagnetic system.

6. "Telecommunication resources" means personnel, equipment, materials, information, radio frequency spectrum, network or transmission capacity, or other resources necessary to telecommunications.

7. "Telecommunication assistance" means the provision of telecommunication resources or other resources or support intended to facilitate the use of telecommunication resources.

8. "Requesting State Party" means a State Party to this Convention requesting telecommunication assistance pursuant hereto.

9. "Assisting State Party" means a State Party to this Convention providing telecommunication assistance pursuant hereto.

10. "This Convention" means the Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations.

11. "The depositary" means the depositary for this Convention, as set forth in Article 20.

12. The "operational coordinator" means the entity which will coordinate requests for telecommunication assistance, as set forth in Article 21.

13. The "technical coordinator" means the entity which is responsible for maintaining and disseminating information related to telecommunication resources for disaster mitigation and relief, as set forth in Article 22.

This contains the definitions of the terms used in the document. An interesting move is that the term 'telecommunications resources' will mean the people as well as the equipment used in the assistance. This is a most reassuring move for those carrying the stuff about.

There are two interesting definitions. The 'Operational Co-ordinator', will co-ordinate the telecommunications resources as they are sent to the field. And the 'Technical Co-ordinator' who is supposed to know where the required equipment is and how to get it on site quickly. This implies management of some kind of data base. These person will need much good will and practical support from all NGO's. This function will be done by some or other institution rather than an individual person, and at this time the identity of that institution has not been decided. However preliminary discussions indicate that the operational co-ordinator may be the UN Department of Humanitarian Affairs (DHA) and the technical co-ordinator may be the International Telecommunications Union (ITU). This has not been settled yet and so the WGET are inviting comments from interested parties.

ARTICLE 2

General Provisions

1. The States Parties shall cooperate among themselves and with governmental, inter-governmental, and non-governmental organizations, in accordance with the provisions of this Convention, to facilitate the use of telecommunication resources for disaster mitigation and relief.

2. Such use may include, but is not limited to:

a. The deployment of terrestrial and satellite telecommunication equipment to predict, monitor, and provide early warning of natural hazards, health hazards, and disasters;

b. The sharing of information about natural hazards, health hazards, and disasters among the States Parties and with other States and governmental, inter-governmental, and non-governmental organizations, and the dissemination of such information to the public, particularly to at-risk communities;

c. The provision of prompt telecommunication assistance to mitigate the impact of a disaster; and

d. The installation and operation of reliable, flexible telecommunication services to be used by humanitarian relief and assistance organizations.

This article stresses the cooperation between states and NGOs and also while mentioning some of the things that need to be done, makes the interesting point that the cooperation is not limited to the things mentioned in the convention. This is good because technology moves along rather quickly and sometimes legislation does not keep up. If you need something not covered by the convention, you could point to this to see if the state party you are dealing with is as flexible as this convention was meant to be.


The convention also says that the UN and the ITU will work to format model agreements that can be used to formulate agreements with state parties, and that they will work to make the provision of the convention better understood and practical. They will also have the huge task of working out the information data bases needed to find equipment and get it moved to the field quickly. I have done this on a small scale for the DRCF and I can assure you that it is a huge task. Again we will need to cooperate to the utmost with this work if it is to succeed as well as we would all want.

ARTICLE 3

Provision of Telecommunication Assistance

1. A State Party requiring telecommunication assistance for disaster mitigation and relief may request such assistance from any other State Party, either directly or through the operational coordinator. Upon receipt of a request for telecom munication assistance, the operational coordinator shall immediately disseminate such request to all other appropriate States Parties.

2. A State Party requesting telecommunication assistance shall specify the scope and type of assistance required and, where practicable, provide the State Party to which the request is directed and/or the operational coordinator with such information as may be necessary to determine the extent to which such State Party is able to meet the request.

3. Each State Party to which a request for telecommunication assistance is directed, either directly or through the operational coordinator, shall promptly determine and notify the requesting State Party whether it will render the assistance requested-directly or through a governmental, inter-governmental, non-governmental, or private organization-and the scope of, and terms, conditions, restrictions, and cost, if any, applicable to such assistance.

4. No telecommunication assistance shall be provided by any State Party pursuant to this Convention without the consent of the requesting State Party. The requesting State Party shall retain the authority to reject all or part of any telecommunication assistance offered by another State Party in accordance with the requesting State Party's existing national law and policy.

To avoid confusion, the state requesting the telecommunications assistance can do so through an 'operational co-ordinator' (it has not been decided who this will be at time of writing). This is good because deploying technical equipment needs technical and logistical skills which are highly specific. It is best done by someone who really understands the technology, the needs of the field personnel and also the limitations as to what is practical. Another obvious need is for the 'requesting state party', (that is the one having the disaster and needing help), to explain how much and of what they need. This is so that the right amount of the right equipment can be provided and unnecessary equipment is not sent out.


If someone has been asked to help, they must say if they can or not as soon as possible, so that alternative help can be provided if they cannot help. If they plan to help but have some conditions, (for example about how much the help will cost), then they must state them at the start, to avoid bitter arguments after the event.


Also, any state or NGO should only send help if they have been asked for that help by the 'requesting state party'. Unwanted 'disaster tourists', (as some see them), can cause more work than they achieve. The 'requesting state party' has the right to refuse to accept any help they don't need, which is fair as uncoordinated foreigners who don't speak the language, charging about in a disaster zone will need protecting and feeding. They may be more trouble than they are worth, despite the obvious good-will they show. I don't know of any fire chief who lets passers-by rush into burning buildings to throw random buckets of water willy nilly, so you can see why we NGO's must demonstrate our maturity before we will be trusted.


You should always remember that no matter what the situation is, you are a guest in that country and must behave as such. You are still subject to their laws, and must obey their directions. Don't become full of your own importance and try to 'lord it' over the local people. Apart from the fact that this is illegal it is also bad form, you will give other NGO's a bad name, and undo years of good work by those who have spent a lifetime building up fragile co-operation. Disaster operations give you a powerful charge of adrenaline, you must understand what is happening to your body and control yourself.

ARTICLE 4

Direction and Control of Telecommunication Assistance

Unless otherwise agreed:

1. The overall direction, control, coordination, and supervision of telecommunication assistance shall be the responsibility, within its territory, of the requesting State Party.

2. The requesting State Party shall provide, to the extent of its capabilities, local facilities and services for the proper and effective administration of the telecommunication assistance, including ensuring that telecommunication equipment brought into its territory pursuant to this Convention shall be expeditiously licensed or shall be exempt from licensing in accordance with its domestic laws and regulations.

3. The requesting State Party shall ensure the protection of personnel, equipment, and materials brought into its territory by or on behalf of the assisting State Party under the terms of this Convention.

4. The requesting State Party shall not, in exercising direction and control of telecommunication assistance provided for under this Article, direct the deployment or use of any telecommunication resources provided pursuant to this Convention for purposes not directly related to predicting, preparing for, responding to, mitigating the impact of, or providing relief during and following disasters.

5. Ownership of equipment and materials provided by any State Party pursuant to this Convention shall be unaffected by their use under the terms of this Convention, and their prompt return to the proper assisting State Party shall be guaranteed.

6. This Article shall apply to any requesting State Party, in whose territory telecommunication assistance is provided for disaster mitigation and relief, irrespective of whether such assistance is provided by a State not a party to this Convention, governmental, inter-governmental, or non-governmental organization, provided that:

a. The requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief;

b. The State, governmental, inter-governmental, or non-governmental organization providing such telecommunication assistance acts in accordance with this Article and Articles 3 and 5; and

c. The application of this Article is not inconsistent with any other agreement between the requesting State Party and the State, governmental, inter-governmental, or non-governmental organization providing such telecommunication assistance.

The 'requesting state party' will be in control of the operation and so they are required to see to several needs of the helpers. For example that the people and their equipment can pass through the airport without being arrested and impounded for illegally 'importing' equipment without a licence (which does happen). They are also required to 'protect' the equipment and persons.


However in deploying the telecommunications assistance, they may use it only for the purpose of providing relief as specified when they asked for the help. Therefore you are not obliged to act as a private message service for the government or any other agency if you feel that what you are doing is not related to the disaster, (as sometimes happens to relief resources).


You still retain ownership of any equipment that is yours, at all stages of the operation. The requesting state party are obliged to make sure that it is returned to you at the end of the operation or at any time that you request. This means that you must thoroughly mark all of your equipment so that there can be no misunderstanding. Paint it your colours or paint your logo all over it. Put your name and address and the international inventory number prominently somewhere on it. Clearly mark it as something like 'Humanitarian Assistance' or 'Disaster/Emergency equipment' so that it does not get swept into the store with the other commercial stuff at the airport and gather dust or worse for months.


These rules will apply to the property and personnel of any genuine helpers regardless of whether they have signed the convention or not, (or are eligible to sign this convention, for example NGO's), provided that they have not been asked to leave, or some special arrangement exists between the requesting state party and the helpers.

ARTICLE 5

Privileges, Immunities, and Facilities

1. The requesting State Party shall afford to persons, other than its nationals, and to organizations, other than those domiciled within its territory, who act pursuant to this Convention and who have been duly notified to, and accepted by, the requesting State Party, the necessary privileges, immunities, and facilities for the performance of their proper functions, including, but not limited to:

a. Immunity from arrest, detention, and legal process, including criminal, civil, and administrative jurisdiction of the requesting State Party, in respect of acts or omissions in the performance of their duties; and

b. Exemption from taxation, duties, or other charges, except for those which are normally incorporated in the price of goods or services, in respect of the performance of their duties.

a. the requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief;

b. the State, governmental, inter-governmental, or non-governmental organization providing such telecommunication assistance acts in accordance with this Article and Articles 3 and 4; and

c. the application of this Article is not inconsistent with any other agreement between the requesting State Party and the State, governmental, inter- governmental, or non-governmental organization providing such telecommunication assistance.


Any host is obliged to take care of the invited guests, and this is also the case with this convention. Helpers must be immune from arrest, detention and legal processes connected with doing their job. However don't think that you are some kind of VIP with diplomatic immunity, this is not so. This provision only relates to the actual work functions. What you are doing, operating a telecommunications system without a licence and with equipment upon which no excise duty has been paid, is absolutely illegal! This provision is only to offer privileges to do what is necessary to do the job at hand, nothing more.


Para 5 reminds guests that they are obliged not to interfere with the internal matters of the requesting state party. This includes not even giving the impression that you are attempting to do so. Many come from states where free expression is normal. It is easy to pass the time by moaning and complaining about the government. In the west, many popular forms of entertainment have made an industry of it. However in some cultures, the host is expected to apologise for the kitchen, the guest must vigorously contradict and declare the food delicious, to do anything else would be a big faux pas.


It has happened that journalists and other agents take 'off the record' remarks out of context and this has caused big problems. Your hosts may be excited to meet such an exotic foreigner as you and ask questions out of curiosity, but you must avoid the temptation to put the world to rights, or tell officials "you know what is wrong with this, don't you? You should....".

ARTICLE 6

Termination of Assistance

1. The requesting State Party or the assisting State Party may, at any time, after appropriate consultations and by notification in writing, request the termination of telecommunication assistance received or provided under Article 3. Upon such a request, the States Parties involved shall consult with each other to provide for the proper and expeditious conclusion of the assistance.

2. Any State Party requesting termination of telecommunication assistance shall notify the operational coordinator of such request. The operational coordinator shall provide such assistance as is requested and necessary to facilitate the conclusion of the telecommunication assistance.

Either the requesting state party or the assisting state party (or NGO) can decide when to go home. However it has to be done decently. There must be consultation and a written notification that the assistance is terminated. You must go home when the requesting state party says so, even if you disagree with them. If it is time to go, the operational co-ordinator and the requesting state party will help you to get your equipment and people back home. They should not abandon you to fend for yourself (which has happened to DRCF).

ARTICLE 7

Payment or Reimbursement of Costs or Fees

1. The States Parties may condition the provision of telecommunicationassistance or other telecommunication resources for disaster mitigation and relief, upon agreement to pay or reimburse specified costs or fees.

2. Where such condition exists, the States Parties shall set forth in writing, prior to the provision of telecommunication assistance or other telecommunication resources:

a. The requirement for payment or reimbursement;

b. The amount of such payment or reimbursement or terms under which it shall be calculated; and


c. Any other terms, conditions, or restrictions applicable to such payment or reimbursement, including, but not limited to, the currency in which such payment or reimbursement shall be made.

a. The nature of the disaster, natural hazard, or health hazard;

b. The impact, or potential impact, of the disaster;

c. The place of origin of the disaster;

d. The area affected, or potentially affected, by the disaster;

e. The occurrence of previous disasters and the likelihood of future disasters in the affected area;

f. The capacity of each State affected by the disaster, natural hazard, or health hazard to prepare for, or respond to, such event; and

g. The needs of developing countries.

This is a major sore point with small NGO's, who do not have the budgets to absorb even one telecommunications bill. The excitement of the field operations is soon replaced by a dreaded sword of Damocles hanging over your head upon return to base. There are lots of bad stories of heartbreak and severe stress about this.


In fact if you are going to ask for payment in any form for the services you expect to render, you must clearly say so in advance of providing any services. If you are confident (or have a sponsor who will underwrite the costs), you may not make pre-conditions to the offer of help. However if you do decide to set conditions, such as that all cost must be paid in full before the next monthly bill is due, then you should clearly state what the conditions are when you make your offer of help. However you may decide to make the condition on the basis of the tariffs in force at the time of the operation.


The last thing that anyone wants is to waste time haggling over bills when emergency help is needed at once. Accordingly the operational co-ordinator will develop model agreements so that you can just choose one 'off the shelf' that suits how your NGO operates. The requesting state party is then obliged to make sure that you can be paid promptly, by removing red tape delays.


The prospect of huge bills may cause some states to feel reluctant to have to find large sums for hi-tech communications that they can ill afford, leading to the non-application of telecommunications resources. The assisting states (and NGO's) should bear that in mind when billing, and take into account factors that may indicate that help or part help is appropriate.

ARTICLE 8

Transit of Personnel, Equipment, Materials, and Information

Each State Party shall, at the request of any other State Party, facilitate the transit into, out of, and through its territory of personnel, equipment, materials, and information involved in the use of telecommunication resources for disaster mitigation and relief.

It often happens that you have to pass through one country to get to another, or that you have a stop off on the way. This article requests that the state party that you are transiting through, helps you get along as quickly and smoothly as possible. This includes all the effort needed to move the people as well as the equipment through the country.