Site icon Ethiopian Legal Brief

National Disaster Risk Management Commission Establishment Council of Ministers Regulation No. 363-2015

Council of Ministers Regulation No. 363/2015

Council of Ministers Regulations to provide for the establishment of THE NATIONAL Disaster RISK MANAGEMENT COMMISSION

WHEREAS, it has become necessary to provide appropriate and timely responses to disaster before, during and after the disaster period at all levels through establishing a coordinated, accountable and decentralized system in scalable manner;

WHEREAS, it is found essential to back with legal frame-work the implementation of disaster risk management approach by engaging all concerned bodies with the aim of reducing disaster risks;

WHEREAS, it is required to bring about a paradigm shift on the existing system that mainly focuses on drought and supply of life saving relief emergency assistance during disaster to a comprehensive disaster risk management approach;

NOW, THEREFORE, this Regulation is issued by the Council of Ministers Pursuant to Article 5 and 39 of the Definitions of Power and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015:

PART ONE

General

­

1.  Short Title

This Regulation may be cited as the “National Disaster Risk Management Commission Establishment Council of Ministers Regulation No. 363/2015”.

2.  Definitions

In this Regulation, unless the context otherwise requires:

1/ “disaster” means a serious disruption of the functioning of a community causing wide range of human, material, economic or environmental loss and impact, which is beyond the capacity of the affected community to cope using its own resources;

2/ “disaster risk” means potential disaster that may cause losses of lives, damage to environment, health, livelihoods, assets and basic services to a particular community or a society;

3/ “disaster risk management” means a systematic process of using administrative directives, organizations,  operational skills and capacities in order to minimize the adverse effect of disaster;

4/ “early warning system” means the set of capacities needed to generate and disseminate timely warning information to enable individuals, communities and organizations threatened by disaster grounds and disaster to prepare and take proper measures that reduce the possibility of harm or loss;

5/ “disaster grounds” means anything that is either natural or manmade hazardous occurrence, matter, human movement or condition that can cause serious disaster, death, bodily injury or basic health influence to human or that may cause loss of basic income source and service, or cause impediment of social and economy development or environmental damage; 

6/    “profile” means an indicative survey outcome of risk assessment and analysis on the vulnerability to disaster and capacity to resist disaster conducted to determine the nature and extent of risk;

7/ “lead sector institution” includes the Federal or Regional Government office designated as lead sector institutions in the National Policy and Strategy on Disaster and Risk Management;

8/ “disaster risk reduction” means the concept and practice of reducing disaster risks through conducting studies on the root cause of disaster to analyze and manage the grounds of disasters, reducing exposure to disaster, lessen disaster vulnerability of people and property, wise management of land and the environment, and strengthening improved preparedness for adverse events;

9/ “emergency co-ordination center” means a place where emergency response is activated and run by bringing all relevant stakeholders together;

10/ “declaration of disaster” means an official announcement by the Disaster Risk Management Council on the occurrence of a disaster when concerned body in the affected area determines that the scale or impact of the disaster is beyond its capacity to cope with effectively, thereby requiring the support of others;

11/ “emergency response” means a series of appropriate actions and precautions, including the provision and distribution of essential food and non-food items, goods, and services aimed at saving lives and protecting livelihoods of the affected population in the event of disaster;

12/ “rehabilitation” means measures applied after a disaster which are necessary to restore to normal activities and life style and, build resilience to future shocks in affected areas, communities, and economic sectors;

13/ “disaster response fund” means liquid cash maintained in the form of preparedness to enable to respond to the disaster when disaster occurred;

14/ “Region” means  any Regional State referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and includes the Addis Ababa and Dire Dawa City Administrations;

15/ “person” means any natural or juridical person;

16/ any expression in the masculine gender includes the feminine.

PART TWO

NATIONAL Disaster Risk     MANAGEMENT COMMISSION

3.  Establishment

1/ The National Disaster Risk Management Commission (hereinafter the “Commission”) is hereby established as an autonomous Federal Government office having its own legal personality.

2/ The Commission shall be accountable to the Office of the Prime Minister.

4.   Objective

The objectives of the Commission shall be:

1/ conducting appropriate activities for the comprehensive implementation and realization of the objectives of the National Disaster Risk Management Policy and Strategy and

2/ coordinating, monitoring, and providing appropriate support with respect to activities carried out by the lead sector institution.

5.  Head Office    

The head office of the Commission shall be in Addis Ababa and may establish branch offices elsewhere as may be necessary.

6.  Powers and Duties of the Commission

The Commission shall have the following powers and duties to:

1/ ensure that disaster risk management is mainstreamed into Government development policies, strategies, development plans and programs, and in the plans of the private sector as well as in the school curricula; and provide support, as may be necessary, to concerned bodies in relation to such issues;

2/ ensure and follow–up the inclusion of disaster risk management in the plans of the executive organs which are identified as lead sector institution in the Disaster Risk Management Policy and Strategy document;

3/ collect and compile nationwide action plans for the implementation of disaster risk management policy and strategy; regularly monitor and evaluate implementation of same,  and submit at least bi-annual performance reports to the Disaster Risk Management Council; 

4/ coordinate, follow up and evaluate disaster risk reduction, disaster response and rehabilitation programs of disaster victim;

5/ implement, lead, and coordinate responses in the event of disasters that either do not fall under the responsibility of any one of designated lead sector institutions or a sudden disaster that is beyond the capacity of the lead sector institution;

6/ hold and administer disaster response fund, relief food and non-food stock;

7/ whenever necessary, emergency relief food supplies, distribute  up on discharging from concerned government institution in charge of administration of the strategic food reserve;

8/ in collaboration with concerned bodies, lead and coordinate work on the development and revision of disaster risk profiles at the national level;  

9/ on the basis of the disaster risk profile, develop and implement comprehensive contingency plans at all levels; facilitate conditions to undertake regular and planned simulation exercises at all levels to assess existing emergency response preparedness, including the contingency plan, and take corrective measures accordingly;

10/ lead and coordinate studies and assessments conducted at national level before, during, and after the disaster period including disaster risk forecaster;

11/ lead and coordinate the Federal Early Warning and Emergency Coordination Center by supporting it with modern technologies;  support the establishment of similar centers in lead sector institutions at Federal, Regional, Zonal and Woreda Administration levels, as required;  

12/ facilitate conditions and provide support for wider application of information and communication technologies for disaster risk management; serve as a repository for disaster risk management information at National level and provide support, as required, to enable the Regional Administrations to set up a similar repository;

13/ following the official declaration of a disaster and upon the decision of the Disaster Risk Management Council, mobilize resources from domestic and international sources;

14/ utilize secured resources by itself and through other concerned lead sector institutions found at Federal and Regional Administrations levels for emergency response;

15/ in collaboration with concerned bodies, establish and operate a mechanism to enable the disaster risk management system to get comprehensive support from volunteers organized on a voluntary basis and engaged in result oriented disaster risk management activities;

16/ in accordance with the relevant laws and directives of country,  establish working relationship and collaborate with relevant international organizations, governmental and private organizations to facilitate the smooth implementation of the National Disaster Risk Management Policy and Strategy;

17/ own property, enter into contracts, sue and   be sued in its own name; 

18/ perform other related necessary activities to meet its objectives.

7.  Organization of the Commission

The Commission shall have:

1/ a Disaster Risk Management Council (herein after called the “Council”);

2/ a Commissioner and, as may be necessary, a Deputy Commissioners, to be appointed by the Government ;and

3/  the necessary staffs.

8.  Members of the Council

1/ The Council shall be chaired by the Prime Minister and have members designated by the Government including the heads of lead sector institutions; and the number of members of the Council shall be determined as required.

2/ The Commissioner of the Commission shall be a secretary of the Council;

9.  Powers and Duties of the Council

The Council shall have the following powers and duties:

1/  provide general direction regarding the implementation of the National Disaster Risk Management Policy and Strategy; follow-up and evaluate the implementation of same; revise the policy and strategy as required; 

2/  ensure that appropriate laws, directives, and strategic programs and investment frameworks and plans as well as adequate budget and capacity, and proper organizational structures are put in place at all levels, including in all designated        lead sector institutions, for proper implementation of the policy and strategy;

3/  ensure that disaster risk management system is fully decentralized in line with the policy and strategy and preparedness capacity is in place in order to provide response before, during, and after the disaster period at all levels; 

4/  ensure, in line with the policy and strategy,  that disaster risk management is mainstreamed into development policies, strategies, programs and plans as well as its implementation is aligned and integrated with climate change adaptation and social protection related activities;

5/  declare to the public at large the occurrence of disaster;

6/  lead disaster response activities following the official declaration of disaster occurrence;

7/  allocate additional fund from national treasury for disaster response and give direction to the Commission to mobilize resources from domestic and foreign sources as required;

8/  ensure that emergency interventions are linked to development programs and contributing to sustainable development and under no circumstances that they should create favourable conditions for a dependency syndrome to develop or get deeper;

9/  ensure that disaster response fund, food and non food items as well as additional resources allocated by the government and those mobilized from domestic and foreign sources are properly utilized for disaster response activities;

10/ pass decision and give directions on other necessary policy and strategic related matters to meet the objective of the National Disaster Risk Management Policy and Strategy;

10. Powers and Duties of the Commissioner

1/  The Commissioner of the Commission shall be the Chief Executive Officer of the Office and shall direct and administer the activities of the Commission.

2/  Without limiting the generality of sub-article (1) of this Article, the Commissioner of the Commission shall:

a)   exercise the powers and duties of the Commission specified under Article 6 of this Regulation;

b)  organize the Commission, employ and administer employees of the Commission in accordance with the Federal Civil Service laws;

c)   prepare the annual budget and work program of the Commission; and implement same upon approval;­­

d)  effect expenditure in accordance with the approved budget and work program of the Commission;

e)   represent the Commission in all its dealings with third parties;

f)   prepare and, after being reviewed by the management committee, submit to the Council the performance and financial reports of the Commission.

3/  The Commissioner of the Commission may delegate part of his powers and duties to officials and employees of the Commission to the extent necessary for the efficient performance of the activities of the Commission.

11. Powers and Duties of the Deputy Commissioners

The Deputy Commissioners of the Commission shall have the following powers and duties:

1/  carry out the powers and duties specifically entrusted to them by the Commissioner of  the Commission;

2/  in the absence of the Commissioner, the Deputy Commissioner specifically delegated shall act on behalf of the Commissioner.

12. Budget

The budget of the Commission shall be drawn from the following sources:

1/    budget allocated by the Government; and 

2/  up on decision by the Government, income from fund mobilization and other sources.

13. Books of Accounts

1/  The Commission shall keep complete and accurate books of accounts.

2/  The books of accounts and financial documents of the Commission as well as disaster response fund and non-food stock administered by the Commission shall be audited annually by the Auditor General or  an auditor designated by him.

14. Procurement and Administration of        Property

1/ The Commission shall, by itself, procure emergency supply goods in accordance with the Public Procurement and Property Administration law.

2/ The Commission may import procured or donated emergency food and non-food items and equipments for disaster response purpose in accordance with Article 47 to 49 of the Customs Proclamation No. 859/2014.

PART THREE

Miscellaneous Provisions

15.  Inapplicable laws

No Regulations, directives or customary practice shall, in so far as it is inconsistent with this Regulation, be applicable with respect to matters provided for by this Regulation.

16 . Transfer of Rights and Obligations

The rights and obligations of the National Disaster Prevention and Preparedness Fund established by Proclamation No. 212/2000 are hereby transferred to the Commission.

17.  Effective Date

This Regulation shall enter into force as of  25th November 2015;

Done at Addis Ababa, this 14th day of December, 2015

HAILEMARIAM DESSALEGNE

PRIME MINISTER OF THE FEDERAL

DEMOCRATIC REPUBLIC OF ETHIOPIA

Exit mobile version