Law and Ethics in International SAR Operations - Term Paper Example

AN ANALYSIS OF LAW AND ETHICS IN INTERNATIONAL SAR OPERATIONS FOR FIRE AND RESCUE SERVICES IN THE UK Presented by (Student Name) To (Tutor Name) (Date) ABSTRACT The following discussion concerns the legal and ethical environment surrounding international search and rescue operations. It dissects the Fire and Rescue Services Act of 2004 with regard to how it affects the operations of fire and rescue services in the UK. The paper also analyses how international legal provisions affect the operations of SAR teams acting in foreign countries and the ethical issues surrounding such operations. The discussion summarily provides a conclusion and suggests recommendations for further action arising from the investigation. Table of contents Abstract………………………………………………………………………..2 1.0 Introduction………………………………………………………………..3 2.0 Law, ethics, and emerging issues with regard to fire rescue service……...5 2.1 The fire and Rescue Service Act of 2004…………………….……6 2.2 The emergence of the global community………………………….8 2.3 Ethical considerations in international search and rescue…………10 3.0 Summary…………………………………………………………………..12 4.0 Conclusion…………………………………………………………………12 5.0 References………………………………………………………………….13 1.0 INTRODUCTION Global disasters and emergencies are a regular occurrence and in the world today where natural and human calamities are rampant, uncertainty abounds. In recent years, human disasters have increased greatly and thus terrorist acts and disasters related to technology failure have become an almost daily phenomenon. The scale of such disasters and the toll on human life and damage to property have called for effective emergency response mechanisms to limit the magnitude of loss of human lives and property and to decrease the extent of damage caused by these disasters. Additionally, technology has driven the process of globalisation and the world has now become a global village. The impact of disasters has thus also crossed national borders and therefore the international community is now more than ever aware of the need to have serious Search and Rescue measures to ease the effects of national and international calamities. According to Coppola (2007), effective mitigation of national calamities often lies beyond the range of available resources for many countries, and it often behoves Governments to call upon the international community to help in disaster response (p 9). Coppola (2007) further says that shared SAR competencies with regard to fighting international disasters have contributed a great part in controlling loss of human life, alleviating the suffering of disaster victims, and helping affected nations get back on their feet more quickly after calamities strike. The recent earthquake in Haiti with an estimated death toll of over 200, 000 people is a case in point, as will be highlighted in later sections of this report. The purpose of this report is to explore and highlight contemporary SAR and international disaster response strategies in order to provide a guideline for this organisation in light of future international SAR operations. The report will examine how the Fire and Rescue Services Act 2004 would apply, also how this law operates internationally as it applies to the search and rescue teams. Additionally, the report will: Assess the law in England and Wales and the legal environment internationally as it applies to the fire service. Analyse role of globalisation in affecting the legislative and substantive work of those in the fire and rescue service. Identify how ethical considerations are dealt with in the fire and rescue services. Summarise the role of the organisation in a changing world environment. Essentially, this report examines how the participation of this organisation in international SAR operations would affect its practice both legally and ethically. Substantive literature review done on existing legal framework and international best practices with regard to Search and Rescue operations is presented to offer deeper insight into the problem. The recent earthquake in Haiti is provided as a case study to highlight areas of special concern to the organisation and the role of the United Kingdom SAR teams in the rescue operations carried out in that disaster. International best practices and operational standards with regard to Search and Rescue missions are also examined. 2.0 LAW, ETHICS AND EMERGING ISSUES WITH REGARD TO FIRE AND RESCUE SERVICE The Fire and Rescue Services Act of 2004: The Fire and Rescue Services Act was enacted on July 22, 2004 and became operational on October 1, 2004 after the Queen gave her assent. The Act is operational only in England and Wales and replaced the previous Fire and Services Act of 1947. According to (UK Legislation, 2010) the act was aimed at outlining the specific duties and powers of fire and Rescue authorities in England and Wales. The Act, among other things, makes stipulation for fire and rescue authorities, their functions; the supply of water; funding of advisory bodies; and related issues (UK Legislation, 2010). The Act came about as a result of the desire by Government to modernize fire fighting and rescue operations in the country. It was an offshoot of George Bain’s report on the state of fire services in the country entitled 'The Independent Review of the Fire Service' whose contents were published in December 2002. The act describes the core function of fire services as fire fighting and fire safety, where the fire services offer “fire safety education (especially for vulnerable groups), smoke alarm installation, chip pan safety demonstrations and fire safety checks for householders and others” to communities they serve (The Fire Safety Advice Centre, 2010). The Act also gives sweeping powers to fire services to respond to emergencies other than their key function, which is fires, including floods and other disasters as they see fit. They are empowered by Section 13 and 14 of the act to, at their discretion, respond to emergencies they view to be a threat to the environment and to members of the public. Additionally, fire services may enter into contractual obligation with other fire fighting agencies like private security firms or airport fire fighters to deliver services on their behalf at a reasonable fee. They are also empowered to respond to off shore emergencies both within and beyond territorial waters in conjunction with the Maritime Coastguard Agency (MCA) under Section 20 of the Act. This legislation gives fire services greater latitude with which to undertake their core functions of saving lives and aiding victims of disasters. International law also recognises the need for inter Governmental SAR operations. Coppola (2007) notes that the United Nations has been at the fore front to ensure that member states participate in global Search and Rescue in times of national disasters. Through the United Nations International Strategy for Disaster Reduction which was created in the 1990s, the world has seen better strategies in international disaster management which have come to timely aid in times of great need (Coppola, 2007, p 9). UNISDR is a programme that seeks to enlist the help of able countries to mitigate disasters and ensure minimal loss of lives in times of calamities. In essence, UNISDR hopes to create “disaster resilient” communities through the participation of the international community. The United Nation notes that disaster reduction is an integral component of reducing poverty and enhancing development. Its major aim therefore is to reduce “human, social, economic and environmental losses due to natural hazards and related technological and environmental disasters.” Cooper (2005) says that some legal aspects of search and rescue operations crucial to all SAR organisations so much that they are taken to be the creed for SAR professionals. He argues that the scope of practice for international SAR crew with regard to the provision of emergency care and related services is guided by laws of the various states in which they operate or their services may be required (pp. 34 - 39). SAR professionals are advised to seek legal counsel before embarking on operations in any particular country, because the legal frameworks governing countries are in a state of constant flux coupled with constant changes in “technology, media, and human interests” (Cooper 2005, p 35). 2.2 THE EMERGENCE OF THE GLOBAL COMMUNITY: CHALLENGES AND OPPORTUNITIES FOR FIRE SERVICES Berghman (2005) describes globalisation as a process that increases the volume and magnitude of regional and international interconnectivity and interactivity which may take any of various forms including political and socioeconomic platforms of human communication (pp. 1 - 9). However, the concept of globalisation is much more complex, and different writers have coined different terminologies in a bid to define the elusive concept. It is worth noting though that the term encompasses the use of technology to improve communication and human interaction which in turn improves both the speed and timeliness of interaction. Milward (2003) writes that globalisation has increased the possibility of conflicts in the world. The East – West dichotomies are ever the more glaring, possibly aided by the clash of cultures and religious/political/socioeconomic ideologies embraced by both sides (p 1 - 9). There are many arguments supporting this view of intercontinental crises arising from socioeconomic polarities. Veltmeyer (2004) says that globalisation has made countries more aggressive in their search for international power and better bargaining position in a fast shrinking international stage (p 37). This takes the form of militaristic and socioeconomic hegemony. Veltmeyer (2004) further argues that when countries seeking such power encounter resistance, there are bound to get aggressive, either by means of literal physical force (like in the case of the US/Afghanistan war) or diplomatic and other coercive means to get what they want. With relation to fire and rescue services, these aspects of globalisation pose numerous challenges, mainly because conflict portends disaster, a good example being acts of terrorism. A breakdown in international law has ramifications in the operations of fire and rescue for international SAR teams. But the effectiveness of communication and transport that globalisation portends are an opportunity for international cooperation which the international community has taken advantage of, a case in point being the recent earthquake disaster in Haiti with a 7.0 magnitude on the Richter Scale and which left 222, 000 people dead, 300, 000 more injured, and millions others homeless. The American and UK Governments led rescue operations in a coordinated effort that underpins the importance of international cooperation in SAR strategies. Indeed, the UK’s Department for International Development DFID had already started relief and SAR operations within hours of the occurrence of the disaster. This can be attributed to the power of communication and the ease of coordinating operations in remote parts of the world due to increased globalization (Coppola, 2007, p 15). According to the US Government website, American and EU leadership took direct control of efforts to rescue victim of the disaster with a high powered meeting between US Secretary of State Hillary Clinton, UK Foreign Secretary David Miliband and the EU High Representative for Foreign Policy Catherine Ashton (The White House Office of the Press Secretary, 2010). That meeting culminated in joint efforts towards the reconstruction of the country devastated by the earthquake. The BBC reported that the UK Government had pledged a 100 million Euros package to the Haitian government to aid in reconstruction (Hewitt, 2010). Countless other individuals in the country also gave donations. Essentially, international law makes provisions for such cooperation amongst states in the coordination of efforts to mitigate disasters. One such legislation is the United Nations Convention on the Law of the Sea (UNCLOS). 2.3 ETHICAL CONSIDERATIONS IN INTERNATIONAL SEARCH AND RESCUE According to Cooper (2005), the scope of SAR operations require its professionals to move beyond mere knowledge of the law to an understanding of the various ethical considerations applicable in each particular situation. He says that the actions of SAR personnel are regulated under certain international legal provisions called the standard of care (p 36). These provisions require that personnel act towards the people affected by disaster in a certain way. The standard of care affects SAR operations through the influence of “local laws, statutes, ordinances, regulations, and professional and institutional standards.” Besides these, other factors may influence the acceptable behaviour of SAR professionals, including the surrounding circumstances, for instance the prevailing confusion. The needs of the disaster victims as dictated by their respective national laws and customs also affect the conduct of SAR personnel on the ground. Apart from that, the professional and institutional considerations of the SAR professionals also play a part in influencing the standards of care. In all these cases, the standard of care is dictated by the above factors. Accordingly, “violation of any of the standards of care constitutes a type of negligence.” Cooper (2005) says that various national and international instruments are used to define the acceptable standards of care including the International Maritime and Aeronautical SAR (IAMSAR). however, beyond these regulations, he describes standards of conduct a behaviour by SAR that constitute reasonable and prudent action towards those being given care that will not further jeopardize public safety and lead to “civil liability.” Essentially therefore, standards of care are as much a legal and ethical issue as simply a matter of the conscience of the person giving care. SAR professionals should exercise judicious judgment in disaster situations despite the prevailing chaos. 3.0 SUMMARY Essentially, disaster preparedness is an international concern. This is because disasters have recently taken a cross border, transnational shape which calls upon international players to cooperate in disaster prevention and mitigation. The very factors of globalization that makes the world a global village have also contributed in creating a conducive environment for terror related disasters and other international catastrophes. A case in point is the recent oil; spill off the gulf coast in the US which had an international impact. Furthermore, technological advances have made communication and transport easier, and coordinating relief efforts after major disasters is a small matter. One short hour after getting the very first reports of the Haitian earthquake, the DFID was able to coordinate the first relief effort following the devastation. International law takes cognizance of the need for concerted efforts in disaster mitigation. International SAR is indeed mandatory for damage control in the event of calamities. 4.0 CONCLUSION In light of the foregoing argument, a conclusion is to be necessarily drawn that engaging in international SAR is a prudent step towards the realisation of a safer and disaster immune world. This should be done with regard to international legal provisions and ethical considerations. Proper training of fire and rescue service personnel is also advised to bring them up to par with the best practices internationally. REFERENCES Berghman, J. 2005. Social Protection Globalised. Leuven: Lauren University Press. Cooper, D. C. 2005. Fundamentals of Search and Rescue. Sudbury: Jones and Bartlett Learning. Coppola, D. P. 2007. Introduction to International Disaster Management. Burlington: Elsevier Publishers. Hewitt, Gavin. 2010. Haiti tests European response. BBC. Retrieved 23rd September, 2010 from http://www.bbc.co.uk/blogs/thereporters/gavinhewitt/2010/01/haiti_tests_european_response.html Milward, B. 2003. Globalisation? Internationalisation of Monopoly Capitalism: Historical Processes and Capitalist Dynamism. Cheltenham: Edward Elgar Publishing. The Fire Safety Advice Centre. 2010. The Fire and Rescue Services Act 2004 - Chapter 21. Retrieved 22nd September, 2010 from http://www.firesafe.org.uk/html/legislation/fsarb.htm The White House Office of the Press Secretary. 2010. Facts on U.S. Government’s Haiti Earthquake Response. America Government. Retrieved 23rd September, 2010 from http://www.america.gov/st/texttrans-english/2010/January/20100118133331ptellivremos0.6321375.html UK Legislation. 2010. Fire and Rescue Services Act 2004. Retrieved 22nd September, 2010 from http://www.legislation.gov.uk/ukpga/2004/21/contents Veltmeyer, H. 2004. Globalization and Anti Globalization: Dynamics of Change in the New World Order. 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