Gap Analysis of the Existing Legal Framework related to Flood Management

The purpose of the third component of the Rapid Legal Assessment Tool is to process the data gathered above. As in the previous section, the analysis is divided into national and international aspects. An analysis with respect to the principles followed in international conventions would help put in place a conducive framework that would be of utmost importance and relevance for a better understanding between the neighbouring countries. The framework for analysis, which consists of a series of key questions related to international instruments, is listed in Table 4 (pdf) and that related to national laws is provided in Table 5 (pdf).

A positive answer to the key questions outlined in Tables 4 and 5 indicates that there are certain elements in the existing legal framework that could support an integrated approach to flood management. The comments column in such a case should include the status of implementation of the legal provisions and the need, if any, for updating. Cross-reference to the respective legal instrument from Tables 1 and 2 should be made wherever possible. A negative answer may hint at a gap within the law. The “Comment” column should include the possible recommendation on the desirability of changes. It should be extensively used to qualify the answer about the (non-)existence of the respective legal instrument.

Having undertaken the above exercise, the areas desirous of reform should be readily apparent. Although the Rapid Legal Assessment Tool does not seek to predefine the outcomes, it enables a Government to identify the most pertinent areas of concern, allowing them to institute the most effective reforms. A separate compilation of comments taken from the last column shall form the case and argument for putting in place a legal reform process, if required. The gap analysis will also help in identifying various government departments and institutions that should be involved in subsequent stages of the legal reform process.

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