Disaster and Crisis Assessment, Mitigation and Ethics

 INTRODUCTION

DISASTER

Calamitous, distressing, or ruinous effects of a disastrous event (such as drought, flood, fire, hurricane, war) of such scale that they disrupt (or threaten to disrupt) critical functions of an organization, society or system, for a period long enough to significantly harm it or cause its failure. It is the consequences of a disastrous event and the inability of its victims to cope with them that constitute a disaster, not the event itself. Although there is no universally accepted definition of a disaster, the following observation by the US disaster relief specialist Frederick C. Cuny (1944-1995) comes close, "A situation resulting from an environmental phenomenon or armed conflict that produced stress, personal injury, physical damage, and economic disruption of great magnitude."

The definition adopted by the World Health Organization (WHO) terms a disaster as "The result of a vast ecological breakdown in the relations between man and his environment, a serious and sudden (or slow, as in drought) disruption on such a scale that the stricken community needs extraordinary efforts to cope with it, often with outside help or international aid." The US Federal Emergency Management Agency (FEMA) describes it as "An occurrence of a natural catastrophe, technological accident, or human caused event that has resulted in severe property damage, deaths, and/or multiple injuries." Dr. Kathleen J. Tierney (Director, Disaster Research Center, University of Delaware) puts the matter in a different perspective: "Many people trying to do quickly what they do not ordinarily do, in an environment with which they are not familiar."

CRISIS - Critical event or point of decision which, if not handled in an appropriate and timely manner (or if not handled at all), may turn into a disaster or catastrophe.

MITIGATION - The elimination or reduction of the frequency, magnitude, or severity of exposure to risks, or minimization of the potential impact of a threat or warning.

ETHICS - The basic concepts and fundamental principles of right human conduct. It includes study of universal values such as the essential equality of all men and women, human or natural rights, obedience to the law of land, concern for health and safety and, increasingly, also for the natural environment.

LEGAL BASIS OF NATIONAL DISASTER RISK REDUCTION

The World Conference on Disaster Reduction was held from 18 to 22 January 2005 in Kobe, Hyogo, Japan, and adopted the present Framework for Action 2005-2015:

Building the Resilience of Nations and Communities to Disasters (here after referred to as the “Framework for Action”). The Conference provided a unique opportunity to promote a strategic and systematic approach to reducing vulnerabilities and risks to hazards. It underscored the need for, and identified ways of, building the resilience of nations and communities to disasters.

Challenges posed by disasters

Disaster loss is on the rise with grave consequences for the survival, dignity and livelihood of individuals, particularly the poor, and hard-won development gains. Disaster risk is increasingly of global concern and its impact and actions in one region can have an impact on risks in another, and vice versa. This, compounded by increasing vulnerabilities related to changing demographic, technological and socio-economic conditions, unplanned urbanization, development within high-risk zones, under-development, environmental degradation, climate variability, climate change, geological hazards, competition for scarce resources, and the impact of epidemics such as HIV/AIDS, points to a future where disasters could increasingly threaten the world’s economy, and its population and the sustainable development of developing countries. In the past two decades on average more than 200 million people have been affected every year by disasters.

Disaster risk arises when hazards interact with physical, social, economic and environmental vulnerabilities. Events of hydrometeorological origin constitute the large majority of disasters. Despite the growing understanding and acceptance of the importance of disaster risk reduction and increased disaster response capacities, disasters and in particular the management and reduction of risk continue to pose a global challenge.

There is now international acknowledgement that efforts to reduce disaster risks must be systematically integrated into policies, plans and programmes for sustainable development and poverty reduction, and supported through bilateral, regional and international cooperation, including partnerships. Sustainable development, poverty reduction, good governance and disaster risk reduction are mutually supportive objectives, and in order to meet the challenges ahead, accelerated efforts must be made to build the necessary capacities at the community and national levels to manage and reduce risk. Such an approach is to be recognized as an important element for the achievement of internationally agreed development goals, including those contained in the Millennium Declaration.

The importance of promoting disaster risk reduction efforts on the international and regional levels as well as the national and local levels has been recognized in the past few years in a number of key multilateral frameworks and declarations

The Yokohama Strategy: lessons learned and gaps identified

The Yokohama Strategy for a Safer World: Guidelines for Natural Disaster

Prevention, Preparedness and Mitigation and its Plan of Action (“Yokohama Strategy”), adopted in 1994, provides landmark guidance on reducing disaster risk and the impacts of disasters.

The review of progress made in implementing the Yokohama Strategy identifies major challenges for the coming years in ensuring more systematic action to address disaster risks in the context of sustainable development and in building resilience through enhanced national and local capabilities to manage and reduce risk.

The review stresses the importance of disaster risk reduction being underpinned by a more pro-active approach to informing, motivating and involving people in all aspects of disaster risk reduction in their own local communities. It also highlights the scarcity of resources allocated specifically from development budgets for the realization of risk reduction objectives, either at the national or the regional level or through international cooperation and financial mechanisms, while noting the significant potential to better exploit existing resources and established practices for more effective disaster risk reduction.

Specific gaps and challenges are identified in the following five main areas:

(a) Governance: organizational, legal and policy frameworks;

(b) Risk identification, assessment, monitoring and early warning;

(c) Knowledge management and education;

(d) Reducing underlying risk factors;

(e) Preparedness for effective response and recovery.

These are the key areas for developing a relevant framework for action for the decade 2005–2015

World Conference on Disaster Reduction: Objectives, expected outcome and strategic goals

A. Objectives

The World Conference on Disaster Reduction was convened by decision of the General Assembly, with five specific objectives.

(a)    To conclude and report on the review of the Yokohama Strategy and its Plan of Action, with a view to updating the guiding framework on disaster reduction for the twenty-first century.

(b)   To identify specific activities aimed at ensuring the implementation of relevant provisions of the Johannesburg Plan of Implementation of the World Summit on Sustainable Development on vulnerability, risk assessment and disaster management.

(c)    To share good practices and lessons learned to further disaster reduction within the context of attaining sustainable development, and to identify gaps and challenges.

(d)   To increase awareness of the importance of disaster reduction policies, thereby facilitating and promoting the implementation of those policies.

(e)    To increase the reliability and availability of appropriate disaster-related information to the public and disaster management agencies in all regions, as set out in relevant provisions of the Johannesburg Plan of Implementation.

B. Expected outcome

Taking these objectives into account, and drawing on the conclusions of the review of the Yokohama Strategy, States and other actors participating at the World Conference on

Disaster Reduction (hereinafter referred to as “the Conference”) resolve to pursue the following expected outcome for the next 10 years:

The substantial reduction of disaster losses, in lives and in the social, economic and environmental assets of communities and countries.

The realization of this outcome will require the full commitment and involvement of all factors concerned, including governments, regional and international organizations, civil society including volunteers, the private sector and the scientific community.

C. Strategic goals

To attain this expected outcome, the Conference resolves to adopt the following strategic goals:

(a)    The more effective integration of disaster risk considerations into sustainable development policies, planning and programming at all levels, with a special emphasis on disaster prevention, mitigation, preparedness and vulnerability reduction.

(b)   The development and strengthening of institutions, mechanisms and capacities at all levels, in particular at the community level, that can systematically contribute to building resilience7 to hazards.

(c)    The systematic incorporation of risk reduction approaches into the design and implementation of emergency preparedness, response and recovery programmes in the reconstruction of affected communities.

Priorities for action 2005–2015

A. General considerations

In determining appropriate action to achieve the expected outcome and strategic goals, the Conference reaffirms that the following general considerations will be taken into account.

(a)    The Principles contained in the Yokohama Strategy retain their full relevance in the current context, which is characterized by increasing commitment to disaster reduction.

(b)   Taking into account the importance of international cooperation and partnerships, each State has the primary responsibility for its own sustainable development and for taking effective measures to reduce disaster risk, including for the protection of people on its territory, infrastructure and other national assets from the impact of disasters. At the same time, in the context of increasing global interdependence, concerted international cooperation and an enabling international environment are required to stimulate and contribute to developing the knowledge, capacities and motivation needed for disaster risk reduction at all levels.

(c)    An integrated, multi-hazard approach to disaster risk reduction should be factored into policies, planning and programming related to sustainable development, relief, rehabilitation, and recovery activities in post-disaster and post-conflict situations in disaster-prone countries.

(d)   A gender perspective should be integrated into all disaster risk management policies, plans and decision-making processes, including those related to risk assessment, early warning, information management, and education and training.

(e)    Cultural diversity, age, and vulnerable groups should be taken into account when planning for disaster risk reduction, as appropriate.

(f)    Both communities and local authorities should be empowered to manage and reduce disaster risk by having access to the necessary information, resources and authority to implement actions for disaster risk reduction.

(g)   Disaster-prone developing countries, especially least developed countries and small island developing States, warrant particular attention in view of their higher vulnerability and risk levels, which often greatly exceed their capacity to respond to and recover from disasters.

(h)   There is a need to enhance international and regional cooperation and assistance in the field of disaster risk reduction through, inter alia:

• The transfer of knowledge, technology and expertise to enhance capacity building for disaster risk reduction

• The sharing of research findings, lessons learned and best practices

• The compilation of information on disaster risk and impact for all scales of disasters in a way that can inform sustainable development and disaster risk reduction

• Appropriate support in order to enhance governance for disaster risk reduction, for awareness-raising initiatives and for capacity-development measures at all levels, in order to improve the disaster resilience of developing countries

• The full, speedy and effective implementation of the enhanced Heavily Indebted Poor Countries Initiative, taking into account the impact of disasters on the debt sustainability of countries eligible for this programme

• Financial assistance to reduce existing risks and to avoid the generation of new risks

(i)     The promotion of a culture of prevention, including through the mobilization of adequate resources for disaster risk reduction, is an investment for the future with substantial returns. Risk assessment and early warning systems are essential investments that protect and save lives, property and livelihoods, contribute to the sustainability of development, and are far more cost-effective in strengthening coping mechanisms than is primary reliance on post-disaster response and recovery.

(j)     There is also a need for proactive measures, bearing in mind that the phases of relief, rehabilitation and reconstruction following a disaster are windows of opportunity for the rebuilding of livelihoods and for the planning and reconstruction of physical and socio-economic structures, in a way that will build community resilience and reduce vulnerability to future disaster risks.

(k)   Disaster risk reduction is a cross-cutting issue in the context of sustainable development and therefore an important element for the achievement of internationally agreed development goals, including those contained in the Millennium Declaration. In addition, every effort should be made to use humanitarian assistance in such a way that risks and future vulnerabilities will be lessened as much as possible.

B. Priorities for action

Drawing on the conclusions of the review of the Yokohama Strategy, and on the basis of deliberations at the World Conference on Disaster Reduction and especially the agreed expected outcome and strategic goals, the Conference has adopted the following five priorities for action:

1. Ensure that disaster risk reduction is a national and a local priority with a strong institutional basis for implementation.

2. Identify, assess and monitor disaster risks and enhance early warning.

3. Use knowledge, innovation and education to build a culture of safety and resilience at all levels.

4. Reduce the underlying risk factors.

5. Strengthen disaster preparedness for effective response at all levels.

In their approach to disaster risk reduction, States, regional and international organizations and other actors concerned should take into consideration the key activities listed under each of these five priorities and should implement them, as appropriate, to their own circumstances and capacities.

Ensure that disaster risk reduction is a national and a local priority with a strong

institutional basis for implementation

Countries that develop policy, legislative and institutional frameworks for disaster risk reduction and that are able to develop and track progress through specific and measurable indicators have greater capacity to manage risks and to achieve widespread consensus for, engagement in and compliance with disaster risk reduction measures across all sectors of society.

Key activities:

National institutional and legislative frameworks

(a) Support the creation and strengthening of national integrated disaster risk reduction mechanisms, such as multi sectoral national platforms, with designated responsibilities at the national through to the local levels to facilitate coordination across sectors. National platforms should also facilitate coordination across sectors, including by maintaining a broad based dialogue at national and regional levels for promoting awareness among the relevant sectors.

(b) Integrate risk reduction, as appropriate, into development policies and planning at all levels of government, including in poverty reduction strategies and sectors and multi sector policies and plans.

(c) Adopt, or modify where necessary, legislation to support disaster risk reduction, including regulations and mechanisms that encourage compliance and that promote incentives for undertaking risk reduction and mitigation activities.

(d) Recognize the importance and specificity of local risk patterns and trends, decentralize responsibilities and resources for disaster risk reduction to relevant subnational or local authorities, as appropriate.

Resources

(a) Assess existing human resource capacities for disaster risk reduction at all levels and develop capacity-building plans and programmes for meeting ongoing and future requirements.

(b) Allocate resources for the development and the implementation of disaster risk management policies, programmes, laws and regulations on disaster risk reduction in all relevant sectors and authorities at all levels of administrative and budgets on the basis of clearly prioritized actions.

(c) Governments should demonstrate the strong political determination required to promote and integrate disaster risk reduction into development programming.

Community participation

(a) Promote community participation in disaster risk reduction through the adoption of specific policies, the promotion of networking, the strategic management of volunteer resources, the attribution of roles and responsibilities, and the delegation and provision of the necessary authority and resources.

Identify, assess and monitor disaster risks and enhance early warning

The starting point for reducing disaster risk and for promoting a culture of disaster resilience lies in the knowledge of the hazards and the physical, social, economic and environmental vulnerabilities to disasters that most societies face, and of the ways in which hazards and vulnerabilities are changing in the short and long term, followed by action taken on the basis of that knowledge.

Key activities:

National and local risk assessments

(a) Develop, update periodically and widely disseminate risk maps and related information to decision-makers, the general public and communities at risk in an appropriate format.

(b) Develop systems of indicators of disaster risk and vulnerability at national and sub-national scales that will enable decision-makers to assess the impact of disasters on social, economic and environmental conditions and disseminate the results to decision makers, the public and populations at risk.

(c) Record, analyze, summarize and disseminate statistical information on disaster occurrence, impacts and losses, on a regular bases through international, regional, national and local mechanisms.

Early warning

(a) Develop early warning systems that are people centered, in particular systems whose warnings are timely and understandable to those at risk, which take into account the demographic, gender, cultural and livelihood characteristics of the target audiences, including guidance on how to act upon warnings, and that support effective operations by disaster managers and other decision makers.

(b) Establish, periodically review, and maintain information systems as part of early warning systems with a view to ensuring that rapid and coordinated action is taken in cases of alert/emergency.

(c) Establish institutional capacities to ensure that early warning systems are well integrated into governmental policy and decision-making processes and emergency management systems at both the national and the local levels, and are subject to regular system testing and performance assessments.

(d) Implement the outcome of the Second International Conference on Early Warning held in Bonn, Germany, in 2003, including through the strengthening of coordination and cooperation among all relevant sectors and actors in the early warning chain in order to achieve fully effective early warning systems.

(e) Implement the outcome of the Mauritius Strategy for the further implementation of the Barbados Programme of Action for the sustainable development of small island developing States, including by establishing and strengthening effective early warning systems as well as other mitigation and response measures.

Capacity

(a) Support the development and sustainability of the infrastructure and scientific, technological, technical and institutional capacities needed to research, observe, analyze, map and where possible forecast natural and related hazards, vulnerabilities and disaster impacts.

(b) Support the development and improvement of relevant databases and the promotion of full and open exchange and dissemination of data for assessment, monitoring and early warning purposes, as appropriate, at international, regional, national and local levels.

(c) Support the improvement of scientific and technical methods and capacities for risk assessment, monitoring and early warning, through research, partnerships, training and technical capacity- building. Promote the application of in situ and space-based earth observations, space technologies, remote sensing, geographic information systems, hazard modelling and prediction, weather and climate modelling and forecasting, communication tools and studies of the costs and benefits of risk assessment and early warning.

(d) Establish and strengthen the capacity to record, analyze, summarize, disseminate, and exchange statistical information and data on hazards mapping, disaster risks, impacts, and losses; support the development of common methodologies for risk assessment and monitoring.

Regional and emerging risks

(a) Compile and standardize, as appropriate, statistical information and data on regional disaster risks, impacts and losses.

(b) Cooperate regionally and internationally, as appropriate, to assess and monitor regional and trans-boundary hazards, and exchange information and provide early warnings through appropriate arrangements, such as, inter alia, those relating to the management of river basins.

(c) Research, analyze and report on long-term changes and emerging issues that might increase vulnerabilities and risks or the capacity of authorities and communities to respond to disasters.

Use knowledge, innovation and education to build a culture of safety and resilience at all levels

Disasters can be substantially reduced if people are well informed and motivated towards a culture of disaster prevention and resilience, which in turn requires the collection, compilation and dissemination of relevant knowledge and information on hazards, vulnerabilities and capacities.

Key activities:

Information management and exchange

(a) Provide easily understandable information on disaster risks and protection options, especially to citizens in high-risk areas, to encourage and enable people to take action to reduce risks and build resilience. The information should incorporate relevant traditional and indigenous knowledge and culture heritage and be tailored to different target audiences, taking into account cultural and social factors.

(b) Strengthen networks among disaster experts, managers and planners across sectors and between regions, and create or strengthen procedures for using available expertise when agencies and other important actors develop local risk reduction plans.

(c) Promote and improve dialogue and cooperation among scientific communities and practitioners working on disaster risk reduction, and encourage partnerships among stakeholders, including those working on the socioeconomic dimensions of disaster risk reduction.

(d) Promote the use, application and affordability of recent information, communication and space-based technologies and related services, as well as earth observations, to support disaster risk reduction, particularly for training and for the sharing and dissemination of information among different categories of users.

(e) In the medium term, develop local, national, regional and international user friendly directories, inventories and national information-sharing systems and services for the exchange of information on good practices, cost-effective and easy-to-use disaster risk reduction technologies, and lessons learned on policies, plans and measures for disaster risk reduction.

(f) Institutions dealing with urban development should provide information to the public on disaster reduction options prior to constructions, land purchase or land sale.

(g) Update and widely disseminate international standard terminology related to disaster risk reduction, at least in all official United Nations languages, for use in programme and institutional development, operations, research, training curricula and public information programmes.

Education and training

(a) Promote the inclusion of disaster risk reduction knowledge in relevant sections of school curricula at all levels and the use of other formal and informal channels to reach youth and children with information; promote the integration of disaster risk reduction as an intrinsic element of the United Nations Decade of Education for Sustainable Development (2005–2015)

(b) Promote the implementation of local risk assessment and disaster preparedness programmes in schools and institutions of higher education.

(c) Promote the implementation of programmes and activities in schools for learning how to minimize the effects of hazards.

(d) Develop training and learning programmes in disaster risk reduction targeted at specific sectors (development planners, emergency managers, local government officials, etc.).

(e) Promote community-based training initiatives, considering the role of volunteers, as appropriate, to enhance local capacities to mitigate and cope with disasters.

(f) Ensure equal access to appropriate training and educational opportunities for women and vulnerable constituencies; promote gender and cultural sensitivity training as integral components of education and training for disaster risk reduction.

Research

(a) Develop improved methods for predictive multi-risk assessments and socioeconomic cost–benefit analysis of risk reduction actions at all levels; incorporate these methods into decision-making processes at regional, national and local levels.

(b) Strengthen the technical and scientific capacity to develop and apply methodologies, studies and models to assess vulnerabilities to and the impact of geological, weather, water and climate-related hazards, including the improvement of regional monitoring capacities and assessments.

Public awareness

(a) Promote the engagement of the media in order to stimulate a culture of disaster resilience and strong community involvement in sustained public education campaigns and public consultations at all levels of society.

Reduce the underlying risk factors

Disaster risks related to changing social, economic, environmental conditions and land use, and the impact of hazards associated with geological events, weather, water, climate variability and climate change, are addressed in sector development planning and programmes as well as in post-disaster situations.

Key activities:

Environmental and natural resource management

(a) Encourage the sustainable use and management of ecosystems, including through better land-use planning and development activities to reduce risk and vulnerabilities.

(b) Implement integrated environmental and natural resource management approaches that incorporate disaster risk reduction, including structural and non-structural measures, such as integrated flood management and appropriate management of fragile ecosystems.

(c) Promote the integration of risk reduction associated with existing climate variability and future climate change into strategies for the reduction of disaster risk and adaptation to climate change, which would include the clear identification of climate related disaster risks, the design of specific risk reduction measures and an improved and routine use of climate risk information by planners, engineers and other decision-makers.

Social and economic development practices

(a) Promote food security as an important factor in ensuring the resilience of communities to hazards, particularly in areas prone to drought, flood, cyclones and other hazards that can weaken agriculture-based livelihoods.

(b) Integrate disaster risk reduction planning into the health sector; promote the goal of “hospitals safe from disaster” by ensuring that all new hospitals are built with a level of resilience that strengthens their capacity to remain functional in disaster situations and implement mitigation measures to reinforce existing health facilities, particularly those providing primary health care.

(c) Protect and strengthen critical public facilities and physical infrastructure, particularly schools, clinics, hospitals, water and power plants, communications and transport lifelines, disaster warning and management centres, and culturally important lands and structures through proper design, retrofitting and re-building, in order to render them adequately resilient to hazards.

(d) Strengthen the implementation of social safety-net mechanisms to assist the poor, the elderly and the disabled, and other populations affected by disasters. Enhance recovery schemes including psycho-social training programmes in order to mitigate the psychological damage of vulnerable populations, particularly children, in the aftermath of disasters.

(e) Incorporate disaster risk reduction measures into post-disaster recovery and rehabilitation processes and use opportunities during the recovery phase to develop capacities that reduce disaster risk in the long term, including through the sharing of expertise, knowledge and lessons learned.

(f) Endeavor to ensure, as appropriate, that programmes for displaced persons do not increase risk and vulnerability to hazards.

(g) Promote diversified income options for populations in high-risk areas to reduce their vulnerability to hazards, and ensure that their income and assets are not undermined by development policy and processes that increase their vulnerability to disasters.

(h) Promote the development of financial risk-sharing mechanisms, particularly insurance and reinsurance against disasters.

(i) Promote the establishment of public–private partnerships to better engage the private sector in disaster risk reduction activities; encourage the private sector to foster a culture of disaster prevention, putting greater emphasis on, and allocating resources to, pre-disaster activities such as risk assessments and early warning systems.

(j) Develop and promote alternative and innovative financial instruments for addressing disaster risk.

Land-use planning and other technical measures

(k) Incorporate disaster risk assessments into the urban planning and management of disaster-prone human settlements, in particular highly populated areas and quickly urbanizing settlements. The issues of informal or non-permanent housing and the location of housing in high-risk areas should be addressed as priorities, including in the framework of urban poverty reduction and slum-upgrading programmes.

(l) Mainstream disaster risk considerations into planning procedures for major infrastructure projects, including the criteria for design, approval and implementation of such projects and considerations based on social, economic and environmental impact assessments.

(m) Develop, upgrade and encourage the use of guidelines and monitoring tools for the reduction of disaster risk in the context of land-use policy and planning.

(n) Incorporate disaster risk assessment into rural development planning and management, in particular with regard to mountain and coastal flood plain areas, including through the identification of land zones that are available and safe for human settlement.

(o) Encourage the revision of existing or the development of new building codes, standards, rehabilitation and reconstruction practices at the national or local levels, as appropriate, with the aim of making them more applicable in the local context, particularly in informal and marginal human settlements, and reinforce the capacity to implement, monitor and enforce such codes, through a consensus-based approach, with a view to fostering disaster-resistant structures.

Strengthen disaster preparedness for effective response at all levels

At times of disaster, impacts and losses can be substantially reduced if authorities, individuals and communities in hazard-prone areas are well prepared and ready to act and are equipped with the knowledge and capacities for effective disaster management.

Key activities:

(a) Strengthen policy, technical and institutional capacities in regional, national and local disaster management, including those related to technology, training, and human and material resources.

(b) Promote and support dialogue, exchange of information and coordination among early warning, disaster risk reduction, disaster response, development and other relevant agencies and institutions at all levels, with the aim of fostering a holistic approach towards disaster risk reduction.

(c) Strengthen and when necessary develop coordinated regional approaches, and create or upgrade regional policies, operational mechanisms, plans and communication systems to prepare for and ensure rapid and effective disaster response in situations that exceed national coping capacities.

(d) Prepare or review and periodically update disaster preparedness and contingency plans and policies at all levels, with a particular focus on the most vulnerable areas and groups. Promote regular disaster preparedness exercises, including evacuation drills, with a view to ensuring rapid and effective disaster response and access to essential food and non-food relief supplies, as appropriate, to local needs.

(e) Promote the establishment of emergency funds, where and as appropriate, to support response, recovery and preparedness measures.

(f) Develop specific mechanisms to engage the active participation and ownership of relevant stakeholders, including communities, in disaster risk reduction, in particular building on the spirit of volunteerism.

Implementation and follow-up

A. General considerations

The implementation of and follow-up to the strategic goals and priorities for action set out in this Framework for Action should be addressed by different stakeholders in a multi-sectoral approach, including the development sector. States and regional and international organizations, including the United Nations and international financial institutions, are called upon to integrate disaster risk reduction considerations into their sustainable development policy, planning and programming at all levels. Civil society, including volunteers and community-based organizations, the scientific community and the private sector are vital stakeholders in supporting the implementation of disaster risk reduction at all levels.

While each State has primary responsibility for its own economic and social development, an enabling international environment is vital to stimulate and contribute to developing the knowledge, capacities and motivation needed to build disaster resilient nations and communities. States and regional and international organizations should foster greater strategic coordination among the United Nations, other international organizations, including international financial institutions, regional bodies, donor agencies and nongovernmental organizations engaged in disaster risk reduction, based on a strengthened International Strategy for Disaster Reduction. In the coming years, consideration should be given to ensuring the implementation and strengthening of relevant international legal instruments related to disaster risk reduction.

States and regional and international organizations should also support the capacities of regional mechanisms and organizations to develop regional plans, policies and common practices, as appropriate, in support of networking, advocacy, coordination, exchange of information and experience, scientific monitoring of hazards and vulnerability, and institutional capacity development and to deal with disaster risks.

All actors are encouraged to build multi-stakeholder partnerships, at all levels, as appropriate, and on a voluntary basis, to contribute to the implementation of this Framework for Action. States and other actors are also encouraged to promote the strengthening or establishment of national, regional and international volunteer corps, which can be made available to countries and to the international community to contribute to addressing vulnerability and reducing disaster risk.

The Mauritius Strategy for the further implementation of the Barbados Programme of

Action for Small Island Developing States underscores that small island developing States are located among the most vulnerable regions in the world in relation to the intensity and frequency of natural and environmental disasters and their increasing impact, and face disproportionately high economic, social and environmental consequences. Small island developing States have undertaken to strengthen their respective national frameworks for more effective disaster management and are committed, with the necessary support of the international community, to improve national disaster mitigation, preparedness and early warning capacity, increase public awareness about disaster reduction, stimulate interdisciplinary and inter-sectoral partnerships, mainstream risk management into their national planning process, address issues relating to insurance and reinsurance arrangements, and augment their capacity to predict and respond to emergency situations, including those affecting human settlements stemming from natural and environmental disasters.

In view of the particular vulnerabilities and insufficient capacities of least developed countries to respond to and recover from disasters, support is needed by the least developed countries as a matter of priority, in executing substantive programmes and relevant institutional mechanisms for the implementation of the Framework for Action, including through financial and technical assistance and for capacity building in disaster risk reduction as an effective and sustainable means to prevent and respond to disasters.

Disasters in Africa pose a major obstacle to the African continent’s efforts to achieve sustainable development, especially in view of the region’s insufficient capacities to predict, monitor, deal with and mitigate disasters. Reducing the vulnerability of the African people to hazards is a necessary element of poverty reduction strategies, including efforts to protect past development gains. Financial and technical assistance is needed to strengthen the capacities of African countries, including observation and early warning systems, assessments, prevention, preparedness, response and recovery.

The follow-up on the World Conference on Disaster Reduction will, as appropriate, be an integrated and coordinated part of the follow-up to other major conference in fields relevant to disaster risk reduction.17 This should include specific reference to progress on disaster risk reduction taking, into account agreed development goals, including those found in the Millennium Declaration.

The implementation of this Framework for Action for the period 2005-2015 will be appropriately reviewed.

B. States

All States should endeavour to undertake the following tasks at the national and local levels, with a strong sense of ownership and in collaboration with civil society and other stakeholders, within the bounds of their financial, human and material capacities, and taking into account their domestic legal requirements and existing international instruments related to disaster risk reduction. States should also contribute actively in the context of regional and international cooperation.

(a) Prepare and publish national baseline assessments of the status of disaster risk reduction, according to the capabilities, needs and policies of each State, and, as appropriate, share this information with concerned regional and international bodies.

(b) Designate an appropriate national coordination mechanism for the implementation and follow up of this Framework for Action, and communicate the information to the secretariat of the International Strategy for Disaster Reduction.

(c) Publish and periodically update a summary of national programmes for disaster risk reduction related to this Framework for Action, including on international Cooperation.

(d) Develop procedures for reviewing national progress against this Framework for Action, which should include systems for cost benefit analysis and ongoing monitoring and assessment of vulnerability and risk, in particular with regards to regions exposed to hydrometeorological and seismic hazards, as appropriate.

(e) Include information on progress of disaster risk reduction in the reporting mechanisms of existing international and other frameworks concerning sustainable development, as appropriate.

(f) Consider, as appropriate, acceding to, approving or ratifying relevant international legal instruments relating to disaster reduction, and, for State parties to those instruments, take measures for their effective implementation.

(g) Promote the integration of risk reduction associated with existing climate variability and future climate change into strategies for the reduction of disaster risk and adaptation to climate change; ensure that the management of risks associated with geological hazards, such as earthquakes and landslides, are fully taken into account in disaster risk reduction programmes.

C. Regional organizations and institutions

Regional organizations with a role related to disaster risk reduction are called upon to undertake the following tasks within their mandates, priorities and resources:

(a) Promote regional programmes, including programmes for technical cooperation, capacity development, the development of methodologies and standards for hazard and vulnerability monitoring and assessment, the sharing of information and effective mobilization of resources, in view of supporting national and regional efforts to achieve the objectives of this Framework for Action.

(b) Undertake and publish regional and sub-regional baseline assessments of the disaster risk reduction status, according to the needs identified and in line with their mandates.

(c) Coordinate and publish periodic reviews on progress in the region and on impediments and support needs, and assist countries, as requested, in the preparation of periodic national summaries of their programmes and progress.

(d) Establish or strengthen existing specialized regional collaborative centers, as appropriate, to undertake research, training, education and capacity building in the field of disaster risk reduction.

(e) Support the development of regional mechanisms and capacities for early warning to disasters, including for tsunami.

D. International organizations

International organizations, including organizations of the United Nations system and international financial institutions, are called upon to undertake the following tasks within their mandates, priorities and resources:

(a) Engage fully in supporting and implementing the International Strategy for

Disaster Reduction, and cooperate to advance integrated approaches to building disaster resilient nations and communities, by encouraging stronger linkages, coherence and integration of disaster risk reduction elements into the humanitarian and sustainable development fields as set out in this Framework for Action.

(b) Strengthen the overall capacity of the United Nations system to assist disaster-prone developing countries in disaster risk reduction through appropriate means and coordination and define and implement appropriate measures for regular assessment of their progress towards the achievement of the goals and priorities set out in this Framework for Action, building on the International Strategy for Disaster Reduction.

(c) Identify relevant actions to assist disaster-prone developing countries in the implementation of this Framework for Action; ensure that relevant actions are integrated, as appropriate, into each organization’s own scientific, humanitarian and development sectors, policies, programmes and practices and that adequate funding is allocated for their implementation.

(d) Assist disaster-prone developing countries to set up national strategies and plans of action and programmes for disaster risk reduction and to develop their institutional and technical capacities in the field of disaster risk reduction, as identified through the priorities in this Framework for Action.

(e) Integrate actions in support of the implementation of this Framework into relevant coordination mechanisms such as the United Nations Development Group and the Inter-Agency Standing Committee (on humanitarian action), including at the national level and through the Resident Coordinator system and the United Nations Country teams. In addition, integrate disaster risk reduction considerations into development assistance frameworks, such as the Common Country Assessments, the United Nations Development Assistance Framework and poverty reduction strategies.

(f) In close collaboration with existing networks and platforms, cooperate to support globally consistent data collection and forecasting on natural hazards, vulnerabilities and risks and disaster impacts at all scales. These initiatives should include the development of standards, the maintenance of database the development of indicators and indices, support to early warning systems, the full and open exchange of data and the use of in situ and remotely sensed observations.

(g) Support States with the provision of appropriate, timely and well coordinated international relief assistance, upon request of affected countries, and in accordance with agreed guiding principles for emergency relief assistance and coordination arrangements. Provide this assistance with a view to reducing risk and vulnerability, improving capacities and ensuring effective arrangements for international cooperation for urban search and rescue assistance.21 Ensure that arrangements for prompt international response to reach affected areas are being developed at national and local levels and that appropriate linkages to recovery efforts and risk reduction are strengthened.

(h) Strengthen the international mechanisms with a view to supporting disaster stricken States in the transition phase towards sustainable physical, social and economic recovery and to reducing future risks. This should include support for risk reduction activities in post-disaster recovery and rehabilitation processes and sharing of good practices, knowledge and technical support with relevant countries, experts and United Nations organizations;

(i) Strengthen and adapt the existing inter-agency disaster management training programme based on a shared, inter-agency strategic vision and framework for disaster risk management that encompasses risk reduction, preparedness, response and recovery.

E. The International Strategy for Disaster Reduction

The partners in the International Strategy for Disaster Reduction, in particular, the

Inter-Agency Task Force on Disaster Reduction and its members, in collaboration with relevant national, regional, international and United Nations bodies and supported by the inter-agency secretariat for the International Strategy for Disaster Reduction, are requested to assist in implementing this Framework for Action as follows, subject to the decisions taken upon completion of the review process22 of the current mechanism and institutional arrangements.

(a) Develop a matrix of roles and initiatives in support of follow-up to this Framework for Action, involving individual members of the Task Force and other international partners;

(b) Facilitate the coordination of effective and integrated action within the organizations of the United Nations system and among other relevant international and regional entities, in accordance with their respective mandates, to support the implementation of this Framework for Action, identify gaps in implementation and facilitate consultative processes to develop guidelines and policy tools for each priority area, with relevant national, regional and international expertise.

(c) Consult with relevant United Nations agencies and organizations, regional and multilateral organizations and technical and scientific institutions, as well as interested States and civil society, with the view to developing generic, realistic and measurable indicators, keeping in mind available resources of individual States. These indicators could assist States to assess their progress in the implementation of the Framework of Action. The indicators should be in conformity with the internationally agreed development goals, including those contained in the Millennium Declaration. Once that first stage has been completed, States are encouraged to develop or refine indicators at the national level reflecting their individual disaster risk reduction priorities, drawing upon the generic indicators.

(d) Ensure support to national platforms for disaster reduction, including through the clear articulation of their role and value added, as well as regional coordination, to support the different advocacy and policy needs and priorities set out in this Framework for Action, through coordinated regional facilities for disaster reduction, building on regional programmes and outreach advisors from relevant partners.

(e) Coordinate with the secretariat of the Commission on Sustainable Development to ensure that relevant partnerships contributing to implementation of the Framework for Action are registered in its sustainable development partnership database.

(f) Stimulate the exchange, compilation, analysis, summary and dissemination of best practices, lessons learned, available technologies and programmes, to support disaster risk reduction in its capacity as an international information clearinghouse; maintain a global information platform on disaster risk reduction and a web-based register “portfolio” of disaster risk reduction programmes and initiatives implemented by States and through regional and international partnerships.

(g) Prepare periodic reviews on progress towards achieving the objectives and priorities of this Framework for Action, within the context of the process of integrated and coordinated follow-up and implementation of United Nations conferences and summits as mandated by the General Assembly,24 and provide reports and summaries to the Assembly and other United Nations bodies, as requested or as appropriate, based on information from national platforms, regional and international organizations and other stakeholders, including on the follow-up to the implementation of the recommendations from the Second International Conference on Early Warning (2003).

F. Resource mobilization

States, within the bounds of their financial capabilities, regional and international organizations, through appropriate multilateral, regional and bilateral coordination mechanisms, should undertake the following tasks to mobilize the necessary resources to support implementation of this Framework for Action:

(a) Mobilize the appropriate resources and capabilities of relevant national, regional and international bodies, including the United Nations system.

(b) Provide for and support, through bilateral and multilateral channels, the implementation of this Framework for Action in disaster-prone developing countries, including through financial and technical assistance, addressing debt sustainability, technology transfer on mutually agreed terms, and public–private partnerships, and encourage North–South and South–South cooperation.

(c) Mainstream disaster risk reduction measures appropriately into multilateral and bilateral development assistance programmes including those related to poverty reduction, natural resource management, urban development and adaptation to climate change.

(d) Provide adequate voluntary financial contributions to the United Nations Trust Fund for Disaster Reduction, in the effort to ensure the adequate support for the follow-up activities to this Framework for Action. Review the current usage and feasibility for the expansion of this fund, inter alia, to assist disaster-prone developing countries to set up national strategies for disaster risk reduction.

(e) Develop partnerships to implement schemes that spread out risks, reduce insurance premiums, expand insurance coverage and thereby increase financing for post disaster reconstruction and rehabilitation, including through public and private partnerships, as appropriate. Promote an environment that encourages a culture of insurance in developing countries, as appropriate.

 

 

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10121

AN ACT STRENGTHENING THE PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT SYSTEM, PROVIDING FOR THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT FRAMEWORK AND INSTITUTIONALIZING THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT PLAN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. - This Act shall be known as the "Philippine Disaster Risk Reduction and Management Act of 2010".

Section 2. Declaration of Policy. - It shall be the policy of the State to:

(a) Uphold the people's constitutional rights to life and property by addressing the root causes of vulnerabilities to disasters, strengthening the country's institutional capacity for disaster risk reduction and management and building the resilience of local communities to disasters including climate change impacts;

(b) Adhere to and adopt the universal norms, principles and standards of humanitarian assistance and the global effort on risk reduction as concrete expression of the country's commitment to overcome human sufferings due to recurring disasters;

(c) Incorporate internationally accepted principles of disaster risk management in the creation and implementation of national, regional and local sustainable development and poverty reduction strategies, policies, plans and budgets;

(d) Adopt a disaster risk reduction and management approach that is holistic, comprehensive, integrated, and proactive in lessening the socioeconomic and environmental impacts of disasters including climate change, and promote the involvement and participation of all sectors and all stakeholders concerned, at all levels, especially the local community;

(e) Develop, promote, and implement a comprehensive National Disaster Risk Reduction and Management Plan (NDRRMP) that aims to strengthen the capacity of the national government and the local government units (LGUs), together with partner stakeholders, to build the disaster resilience of communities, and' to institutionalize arrangements and measures for reducing disaster risks, including projected climate risks, and enhancing disaster preparedness and response capabilities at all levels;

(f) Adopt and implement a coherent, comprehensive, integrated, efficient and responsive disaster risk reduction program incorporated in the development plan at various levels of government adhering to the principles of good governance such as transparency and accountability within the context of poverty alleviation and environmental protection;

(g) Mainstream disaster risk reduction and climate change in development processes such as policy formulation, socioeconomic development planning, budgeting, and governance, particularly in the areas of environment, agriculture, water, energy, health, education, poverty reduction, land-use and urban planning, and public infrastructure and housing, among others;

(h) Institutionalize the policies, structures, coordination mechanisms and programs with continuing budget appropriation on disaster risk reduction from national down to local levels towards building a disaster-resilient nation and communities;

(i) Mainstream disaster risk reduction into the peace process and conflict resolution approaches in order to minimize loss of lives and damage to property, and ensure that communities in conflict zones can immediately go back to their normal lives during periods of intermittent conflicts;

(j) Ensure that disaster risk reduction and climate change measures are gender responsive, sensitive to indigenous know ledge systems, and respectful of human rights;

(k) Recognize the local risk patterns across the country and strengthen the capacity of LGUs for disaster risk reduction and management through decentralized powers, responsibilities, and resources at the regional and local levels;

(l) Recognize and strengthen the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters;

(m) Engage the participation of civil society organizations (CSOs), the private sector and volunteers in the government's disaster risk reduction programs towards complementation of resources and effective delivery of services to the Citizenry;

(n) Develop and strengthen the capacities of vulnerable and marginalized groups to mitigate, prepare for, respond to, and recover from the effects of disasters;

(o) Enhance and implement a program where humanitarian aid workers, communities, health professionals, government aid agencies, donors, and the media are educated and trained on how they can actively support breastfeeding before and during a disaster and/or an emergency; and

(p) Provide maximum care, assistance and services to individuals and families affected by disaster, implement emergency rehabilitation projects to lessen the impact of disaster, and facilitate resumption of normal social and economic activities.

Section 3. Definition of Terms. - For purposes of this Act, the following shall refer to:

(a) "Adaptation" - the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

(b) "Capacity" - a combination of all strengths and resources available within a community, society or organization that can reduce the level of risk, or effects of a disaster. Capacity may include infrastructure and physical means, institutions, societal coping abilities, as well as human knowledge, skills and collective attributes such as social relationships, leadership and management. Capacity may also be described as capability.

(c) "Civil Society Organizations" Or "CSOs" - non-state actors whose aims are neither to generate profits nor to seek governing power. CSOs unite people to advance shared goals and interests. They have a presence in public life, expressing the interests and values of their members or others, and are based on ethical, cultural, scientific, religious or philanthropic considerations. CSOs include nongovernment organizations (NGOs), professional associations, foundations, independent research institutes, community-based organizations (CBOs), faith-based organizations, people's organizations, social movements, and labor unions.

(d) "Climate Change" - a change in climate that can' be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity.

(e) "Community-Based Disaster Risk Reduction and Management" or "CBDRRM" - a process of disaster risk reduction and management in which at risk communities are actively engaged in the identification, analysis, treatment, monitoring and evaluation of disaster risks in order to reduce their vulnerabilities and enhance their capacities, and where the people are at the heart of decision-making and implementation of disaster risk reduction and management activities.

(f) "Complex Emergency" - a form of human-induced emergency in which the cause of the emergency as well as the assistance to the afflicted IS complicated by intense level of political considerations.

(g) "Contingency Planning" - a management process that analyzes specific potential events or emerging situations that might threaten society or the environment and establishes arrangements in advance to enable timely, effective and appropriate responses to such events and situations.

(h) "Disaster" - a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences, Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, Social and economic disruption and environmental degradation.1avvphi1

(i) "Disaster Mitigation" - the lessening or limitation of the adverse impacts of hazards and related disasters. Mitigation measures encompass engineering techniques and hazard-resistant construction as well as improved environmental policies and public awareness.

(j) "Disaster Preparedness" - the knowledge and capacities developed by governments, professional response and recovery organizations, communities and individuals to effectively anticipate, respond to, and recover from, the Impacts of likely, imminent or current hazard events or conditions. Preparedness action is carried out within the context of disaster risk reduction and management and aims to build the capacities needed to efficiently manage all types of emergencies and achieve orderly transitions from response to sustained recovery. Preparedness is based on a sound analysis of disaster risk and good linkages with early warning systems, and includes such activities as contingency planning, stockpiling of equipment and supplies, the development of arrangements for coordination, evacuation and public information, and associated training and field exercises. These must be supported by formal institutional, legal and budgetary capacities.

(k) "Disaster Prevention" - the outright avoidance of adverse impacts of hazards and related disasters. It expresses the concept and intention to completely avoid potential adverse impacts through action taken in advance such as construction of dams or embankments that eliminate flood risks, land-use regulations that do not permit any settlement in high-risk zones, and seismic engineering designs that ensure the survival and function of a critical building in any likely earthquake.

(l) "Disaster Response" - the provision of emergency services and public assistance during or immediately after a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people affected. Disaster response is predominantly focused on immediate and short-term needs and is sometimes called "disaster relief".

(m) "Disaster Risk" - the potential disaster losses in lives, health status, livelihood, assets and services, which could occur to a particular community or a Society over some specified future time period.

(n) "Disaster Risk Reduction" - the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposures to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events.

(o) "Disaster Risk Reduction and Management" - the systematic process of using administrative directives, organizations, and operational skills and capacities to implement strategies, policies and improved coping capacities in order to lessen the adverse impacts of hazards and the possibility of disaster. Prospective disaster risk reduction and management refers to risk reduction and management activities that address and seek to avoid the development of new or increased disaster risks, especially if risk reduction policies are not put m place.

(p) "Disaster Risk Reduction and Management Information System" - a specialized database which contains, among others, information on disasters and their human material, economic and environmental impact, risk assessment and mapping and vulnerable groups.

(q) "Early Warning System" - the set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities and organizations threatened by a hazard to prepare and to act appropriately and in sufficient time to reduce the possibility of harm or loss. A people-centered early warning system necessarily comprises four (4) key elements: knowledge of the risks; monitoring, analysis and forecasting of the hazards; communication or dissemination of alerts and warnings; and local capabilities to respond to the warnings received. The expression "end-to-end warning system" is also used to emphasize that warning systems need to span all steps from hazard detection to community response.

(r) "Emergency" - unforeseen or sudden occurrence, especially danger, demanding immediate action.

(s) "Emergency Management" - the organization and management of resources and responsibilities for addressing all aspects of emergencies, in particular preparedness, response and initial recovery steps.

(t) "Exposure" - the degree to which the elements at risk are likely to experience hazard events of different magnitudes.

(u) "Geographic Information System" - a database which contains, among others, geo-hazard assessments, information on climate change, and climate risk reduction and management.

(v) "Hazard" - a dangerous phenomenon, substance, human activity or condition that may cause loss of life, injury or other health impacts, property damage, loss of livelihood and services, social and economic disruption, or environmental damage.

(w) "Land-Use Planning" - the process undertaken by public authorities to identify, evaluate and decide on different options for the use of land, including consideration of long-term economic, social and environmental objectives and the implications for different communities and interest groups, and the subsequent formulation and promulgation of plans that describe the permitted or acceptable uses.

(x) "Mitigation" - structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation, and technological hazards and to ensure the ability of at-risk communities to address vulnerabilities aimed at minimizing the impact of disasters. Such measures include, but are not limited to, hazard-resistant construction and engineering works, the formulation and implementation of plans, programs, projects and activities, awareness raising, knowledge management, policies on land-use and resource management, as well as the enforcement of comprehensive land-use planning, building and safety standards, and legislation.

(y) "National Disaster Risk Reduction and Management Framework" or "NDRRMF" - provides for comprehensive, all hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management.

(z) "National Disaster Risk Reduction and Management Plan" or "NDRRMP" - the document to be formulated and implemented by the Office of Civil Defense (OCD) that sets out goals and specific objectives for reducing disaster risks together with related actions to accomplish these objectives.

The NDRRMP shall provide for the identification of hazards, vulnerabilities and risks to 'be managed at the national level; disaster risk reduction and management approaches and strategies to be applied m managing said hazards and risks; agency roles, responsibilities and lines of authority at all government levels; and vertical and horizontal coordination of disaster risk reduction and management in the pre-disaster and post-disaster phases. It shall be in conformity with the NDRRMF.

(aa) "Post-Disaster Recovery" - the restoration and improvement where appropriate, of facilities, livelihood and living conditions. of disaster-affected communities, including efforts to reduce disaster risk factors, in accordance with the principles of "build back better".

(bb) "Preparedness" - pre-disaster actions and measures being undertaken within the context of disaster risk reduction and management and are based on sound risk analysis as well as pre-disaster activities to avert or minimize loss of life and property such as, but not limited to, community organizing, training, planning, equipping, stockpiling, hazard mapping, insuring of assets, and public information and education initiatives. This also includes the development/enhancement of an overall preparedness strategy, policy, institutional structure, warning and forecasting capabilities, and plans that define measures geared to help at-risk communities safeguard their lives and assets by being alert to hazards and taking appropriate action in the face of an Imminent threat or an actual disaster.

(cc) "Private Sector" - the key actor in the realm of the economy where the central social concern and process are the mutually beneficial production and distribution of goods and services to meet the physical needs of human beings. The private sector comprises private corporations, households and nonprofit institutions serving households.

(dd) "Public Sector Employees" - all persons in the civil service.

(ee) "Rehabilitation" - measures that ensure the ability of affected communities/areas to restore their normal level of functioning by rebuilding livelihood and damaged infrastructures and increasing the communities' organizational capacity.

(ff) "Resilience" - the ability of a system, community or society exposed to hazards to resist, absorb, accommodate and recover from the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions.

(gg) "Response" - any concerted effort by two (2) or more agencies, public or private, to provide assistance or intervention during or immediately after a disaster to meet the life preservation and basic subsistence needs of those people affected and in the restoration of essential public activities and facilities.

(hh) "Risk" - the combination of the probability of an event and its negative consequences.

(ii) "Risk Assessment" - a methodology to determine the nature and extent of risk by analyzing potential hazards and evaluating existing conditions of vulnerability that together could potentially harm exposed people, property, services, livelihood and the environment on which they depend. Risk assessments with associated risk mapping include: a review of the technical characteristics of hazards such as their location, intensity, frequency and probability; the analysis of exposure and vulnerability including the physical, social, health, economic and environmental dimensions; and the evaluation of the effectiveness of prevailing and alternative coping capacities in respect to likely risk scenarios.

(jj) "Risk Management" - the systematic approach and practice of managing uncertainty to minimize potential harm and loss. It comprises risk assessment and analysis, and the implementation of strategies and specific actions to control, reduce and transfer risks. It is widely practiced by organizations to minimize risk in investment decisions and to address operational risks such as those of business disruption, production failure, environmental damage, social impacts and damage from fire and natural hazards.

(kk) "Risk Transfer" - the process of formally or informally shifting the financial consequences of particular risks from one party to another whereby a household, community, enterprise or state authority will obtain resources from the other party after a disaster occurs, in exchange for ongoing or compensatory social or financial benefits provided to that other party.

(ll) "State of Calamity" - a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard.

(mm) "Sustainable Development" - development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It contains within it two (2) key concepts: (1) the concept of "needs", in particular, the essential needs of the world's poor, to which overriding priority should be given; and (2) the idea of limitations imposed by the state of technology and social organizations on the environment's ability to meet present and future needs. It is the harmonious integration of a sound and viable economy, responsible governance, social cohesion and harmony, and ecological integrity to ensure that human development now and through future generations is a life-enhancing process.

(nn) "Vulnerability" - the characteristics and circumstances of a community, system or asset that make it susceptible to the damaging effects of a hazard. Vulnerability may arise from various physical, social, economic, and environmental factors such as poor design and construction of buildings, inadequate protection of assets, lack of public information and awareness, limited official recognition of risks and preparedness measures, and disregard for wise environmental management.

(oo) "Vulnerable and Marginalized Groups" - those that face higher exposure to disaster risk and poverty including, but not limited to, women, children, elderly, differently-abled people, and ethnic minorities.

Section 4. Scope. - This Act provides for the development of policies and plans and the implementation of actions and measures pertaining to all aspects of disaster risk reduction and management, including good governance, risk assessment and early warning, knowledge building and awareness raising, reducing underlying risk factors, and preparedness for effective response and early recovery.

Section 5. National Disaster Risk Reduction and Management Council. - The present National Disaster Coordinating Council or NDCC shall henceforth be known as the National Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC or the National Council.

The National Council shall be headed by the Secretary of the Department of National Defense (DND) as Chairperson with the Secretary of the Department of the Interior and Local Government (DILG) as Vice Chairperson for Disaster Preparedness, the Secretary of the Department of Social

Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the Secretary of the Department of Science and Technology (DOST) as Vice Chairperson for Disaster Prevention and Mitigation, and the Director-General of the National Economic and Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and Recovery.

The National Council's members shall be the following:

(a) Secretary of the Department of Health (DOH);

(b) Secretary of the Department of Environment and Natural Resources (DENR);

(c) Secretary of the Department of Agriculture (DA);

(d) Secretary of the Department of Education (DepED);

(e) Secretary of the Department of Energy (DOE);

(f) Secretary of the Department of Finance (DOF);

(g) Secretary of the Department of Trade and Industry (DT!);

(h) Secretary of the Department of Transportation and Communications (DOTC);

(i) Secretary of the Department of Budget and Management (DBM);

(j) Secretary of the Department of Public Works and Highways (DPWH);

(k) Secretary of the Department of Foreign Affairs (DFA);

(l) Secretary of the Department of Justice (DOJ);

(m) Secretary of the Department of Labor and Employment (DOLE);

(n) Secretary of the Department of Tourism (DOT);

(o) The Executive Secretary;

(p)Secretary of the Office of the Presidential Adviser on the Peace Process (OPAPP);

(q) Chairman, Commission on Higher Education (CHED);

(r) Chief of Staff, Armed Forces of the Philippines (AFP);

(s) Chief, Philippine National Police (PNP);

(t) The Press Secretary;

(u) Secretary General of the Philippine National Red Cross (PNRC);

(v) Commissioner of the National Anti-Poverty Commission-Victims of Disasters and Calamities Sector (NAPCVDC);

(w) Chairperson, National Commission on the Role of Filipino Women;

(x) Chairperson, Housing and Urban Development Coordinating Council (HUDCC);

(y) Executive Director of the Climate Change Office of the Climate Change Commission;

(z) President, Government Service Insurance System (GSIS);

(aa) President, Social Security System (SSS);

(bb) President, Philippine Health Insurance Corporation (PhilHealth);

(cc) President of the Union of Local Authorities of the Philippines (ULAP);

(dd) President of the League of Provinces of the Philippines (LPP);

(ee) President of the League of Cities of the Philippines (LCP);

(ff) President of the League of Municipalities of the Philippines (LMP);

(gg) President of the Liga ng Mga Barangay (LMB);

(hh) Four (4) representatives from the CSOs;

(ii) One (1) representative from the private sector; and

(jj) Administrator of the OCD.

The representatives from the CSOs and the private sector shall be selected from among their respective ranks based on the criteria and mechanisms to be set for this purpose by the National Council.

Section 6. Powers and Functions of the NDRRMC. - The National Council, being empowered with policy-making, coordination, integration, supervision, monitoring and evaluation functions, shall have the following responsibilities:

(a) Develop a NDRRMF which shall provide for a comprehensive, all-hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management. The Framework shall serve as the principal guide to disaster risk reduction and management efforts in the country and shall be reviewed on a five(5)-year interval, or as may be deemed necessary, in order to ensure its relevance to the times;

(b) Ensure that the NDRRMP is consistent with the NDRRMF;

(c) Advise the President on the status of disaster preparedness, prevention, mitigation, response and rehabilitation operations being undertaken by the government, CSOs, private sector, and volunteers; recommend to the President the declaration of a state of calamity in areas extensively damaged; and submit proposals to restore normalcy in the affected areas, to include calamity fund allocation;

(d) Ensure a multi-stakeholder participation in the development, updating, and sharing of a Disaster Risk Reduction and Management Information System and Geographic Information System-based national risk map as policy, planning and decision-making tools;

(e) Establish a national early warning and emergency alert system to provide accurate and timely advice to national or local emergency response organizations and to the general public through diverse mass media to include digital and analog broadcast, cable, satellite television and radio, wireless communications, and landline communications;

(f) Develop appropriate risk transfer mechanisms that shall guarantee social and economic protection and increase resiliency in the face of disaster;

(g) Monitor the development and enforcement by agencies and organizations of the various laws, guidelines, codes or technical standards required by this Act;

(h) Manage and mobilize resources for disaster risk reduction and management including the National Disaster Risk Reduction and Management Fund;

(i) Monitor and provide the necessary guidelines and procedures. on the Local Disaster Risk Reduction and Management Fund (LDRRMF) releases as well as utilization, accounting and auditing thereof;

(j) Develop assessment tools on the existing and potential hazards and risks brought about by climate change to vulnerable areas and ecosystems in coordination with the Climate Change Commission;

(k) Develop vertical and horizontal coordination mechanisms for a more coherent implementation of disaster risk reduction and management policies and programs by sectoral agencies and LGUs;

(l) Formulate a national institutional capability building program for disaster risk reduction and management to address the specific' weaknesses of various government agencies and LGUs, based on the results of a biennial baseline assessment and studies;

(m) Formulate, harmonize, and translate into policies a national agenda for research and technology development on disaster risk reduction and management;

(n) In coordination with the Climate Change Commission, formulate and implement a framework for climate change adaptation and disaster risk reduction and management from which all policies, programs, and projects shall be based;

(o) Constitute a technical management group composed of representatives of the abovementioned departments, offices, and organizations, that shall coordinate and meet as often as necessary to effectively manage and sustain national efforts on disaster risk reduction and management;

(p) Task the OCD to conduct periodic assessment and performance monitoring of the member-agencies of the NDRRMC, and the Regional Disaster Risk Reduction and Management Councils (RDRRMCs), as defined in the NDRRMP; and

(q) Coordinate or oversee the Implementation of the country's obligations with disaster management treaties to which it IS a party and see to It that the country's disaster management treaty obligations be incorporated in its disaster risk reduction and management frameworks, policies, plans, programs and projects.

Section 7. Authority of the NDRRMC Chairperson. - The Chairperson of the NDRRMC may call upon other instrumentalities or entities of the government and nongovernment and civic organizations for assistance In terms of the use of their facilities and resources for the protection and preservation of life and properties in the whole range of disaster risk reduction and management. This authority includes the power to call on the reserve force as defined in Republic Act No. 7077 to assist in relief and rescue during disasters or calamities.

Section 8. The Office of Civil Defense. - The Office of Civil Defense (OCD) shall have the primary mission of administering a comprehensive national civil defense and disaster risk reduction and management program by providing leadership in the continuous development of strategic and systematic approaches as well as measures to reduce the vulnerabilities and risks to hazards and manage the consequences of disasters.

The Administrator of the OCD shall also serve as Executive Director of the National Council and, as such, shall have the same duties and privileges of a department undersecretary. All appointees shall be universally acknowledged experts in the field of disaster preparedness and management and of proven honesty and integrity. The National Council shall utilize the services and facilities of the OCD as the secretariat of the National Council.

Section 9. Powers and Functions of the OCD. - The OCD shall have the following powers and functions:

(a) Advise the National Council on matters relating to disaster risk reduction and management consistent with the policies and scope as defined in this Act;

(b) Formulate and implement the NDRRMP and ensure that the physical framework, social, economic and environmental plans of communities, cities, municipalities and provinces are consistent with such plan. The National Council shall approve the NDRRMP;

(c) Identify, assess and prioritize hazards and risks in consultation with key stakeholders;

(d) Develop and ensure the implementation of national standards in carrying out disaster risk reduction programs including preparedness, mitigation, prevention, response and rehabilitation works, from data collection and analysis, planning, implementation, monitoring and evaluation;

(e) Review and evaluate the Local Disaster risk Reduction and Management Plans (LDRRMPs) to facilitate the integration of disaster risk reduction measures into the local Comprehensive Development Plan (CDP) and Comprehensive Land-Use Plan (CL UP);

(f) Ensure that the LG U s, through the Local Disaster Risk Reduction and Management Offices (LDRRMOs) are properly informed and adhere to the national standards and programs;

(g) Formulate standard operating procedures for the deployment of rapid assessment teams, information sharing among different government agencies, and coordination before and after disasters at all levels;

(h) Establish standard operating procedures on the communication system among provincial, city, municipal, and barangay disaster risk reduction and management councils, for purposes of warning and alerting them and for gathering information on disaster areas before, during and after disasters;

(i) Establish Disaster Risk Reduction and Management Training Institutes in such suitable location as may be deemed appropriate to train public and private individuals, both local and national, in such subject as disaster risk reduction and management among others. The Institute shall consolidate and prepare training materials and publications of disaster risk reduction and management books and manuals to assist disaster risk reduction and management workers in the planning and implementation of this program and projects. The Institute shall conduct research programs to upgrade know ledge and skills and document best practices on disaster risk reduction and management. The Institute is also mandated to conduct periodic awareness and education programs to accommodate new elective officials and members of the LDRRMCs;

(j) Ensure that all disaster risk reduction programs, projects and activities requiring regional and international support shall be in accordance with duly established national policies and aligned with international agreements;

(k) Ensure that government agencies and LGUs give toppriority and take adequate and appropriate measures in disaster risk reduction and management;

(l) Create an enabling environment for substantial and sustainable participation of CSOs, private groups, volunteers and communities, and recognize their contributions in the government's disaster risk reduction efforts;

(m) Conduct early recovery and post-disaster needs assessment institutionalizing gender analysis as part of it;

(n) Establish an operating facility to be known as the National Disaster Risk Reduction and Management Operations Center (NDRRMOC) that shall be operated and staffed on a twenty-four (24) hour basis;

(o) Prepare the criteria and procedure for the enlistment of accredited community disaster volunteers (ACDVs). It shall include a manual of operations for the volunteers which shall be developed by the OCD in consultation with various stakeholders;

(p) Provide advice and technical assistance and assist in mobilizing necessary resources to increase the overall capacity of LGUs, specifically the low income and in high-risk areas;

(q) Create the necessary offices to perform its mandate as provided under this Act; and

(r) Perform such other functions as may be necessary for effective operations and implementation of this Act.

Section 10. Disaster Risk Reduction and Management Organization at the Regional Level. - The current Regional Disaster Coordinating Councils shall henceforth be known as the Regional Disaster Risk Reduction and Management Councils (RDRRMCs) which shall coordinate, integrate, supervise, and evaluate the activities of the LDRRMCs. The RDRRMC shall be responsible in ensuring disaster sensitive regional development plans, and in case of emergencies shall convene the different regional line agencies and concerned institutions and authorities.

The RDRRMCs shall establish an operating facility to be known as the Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC) whenever necessary.

The civil defense officers of the OCD who are or may be designated as Regional Directors of the OCD shall serve as chairpersons of the RDRRMCs. Its Vice Chairpersons shall be the Regional Directors of the DSWD, the DILG, the DOST, and the NEDA. In the case of the Autonomous Region in Muslim Mindanao (ARMM), the Regional Governor shall be the RDRRMC Chairperson. The existing regional offices of the OCD shall serve as secretariat of the RDRRMCs. The RDRRMCs shall be composed of the executives of regional offices and field stations at the regional level of the government agencies.

Section 11. Organization at the Local Government Level. - The existing Provincial, City, and Municipal Disaster Coordinating Councils shall henceforth be known as the Provincial, City, and Municipal Disaster Risk Reduction and Management Councils. The Barangay Disaster Coordinating Councils shall cease to exist and its powers and functions shall henceforth be assumed by the existing Barangay Development Councils (BDCs) which shall serve as the LDRRMCs in every barangay.

(a) Composition: The LDRRMC shall be composed of, but not limited to, the following:

(1) The Local Chief Executives, Chairperson;

(2) The Local Planning and Development Officer, member;

(3) The Head of the LDRRMO, member;

(4) The Head of the Local Social Welfare and Development Office, member;

(5) The Head of the Local Health Office, member;

(6) The Head of the Local Agriculture Office, member;

(7) The Head of the Gender and Development Office, member;

(8) The Head of the Local Engineering Office, member;

(9) The Head of the Local Veterinary Office, member;

(10) The Head of the Local Budget Office, member;

(11) The Division Head/Superintendent of Schools of the DepED, member;

(12) The highest-ranking officer of the Armed Forces of the Philippines (AFP) assigned in the area, member;

(13) The Provincial Director/City/Municipal Chief of the Philippine National Police (PNP), member;

(14) The Provincial Director/City/ Municipal Fire Marshall of the Bureau of Fire Protection (BFP), member;

(15) The President of the Association of Barangay Captains (ABC), member;

(16) The Philippine National Red Cross (PNRC), member;

(17) Four (4) accredited CSOs, members; and

(18) One (1) private sector representative, member.

(b) The LDRRMCs shall have the following functions:

(1) Approve, monitor and evaluate the implementation of the LDRRMPs and regularly review and test the plan consistent with other national and local planning programs;

(2) Ensure the integration of disaster risk reduction and climate change adaptation into local development plans, programs and budgets as a strategy in sustainable development and poverty reduction;

(3) Recommend the implementation of forced or preemptive evacuation of local residents, if necessary; and

(4) Convene the local council once every three (3) months or as necessary.

Section 12. Local Disaster Risk Reduction and Management Office (LDRRMO). - (a) There shall be established an LDRRMO in every province, city and municipality, and a Barangay Disaster Risk Reduction and Management Committee (BDRRMC) in every · barangay which shall be responsible for setting the direction, development, implementation and coordination of disaster risk management programs within their territorial jurisdiction.

(b) The LDRRMO shall be under the office of the governor, city or municipal mayor, and the punong barangay in case of the BDRRMC. The LDRRMOs shall be initially organized and composed of a DRRMO to be assisted by three (3) staff responsible for: (1) administration and training; (2) research and planning; and (3) operations and warning. The LDRRMOs and the BDRRMCs shall organize, train and directly supervise the local emergency response teams and the ACDVs.

(c) The provincial, city and municipal DRRMOs or BDRRMCs shall perform the following functions with impartiality given the emerging challenges brought by disasters of our times:

(1) Design, program, and coordinate disaster risk reduction and management activities consistent with the National Council's standards and guidelines;

(2) Facilitate and support risk assessments and contingency planning activities at the local level;

(3) Consolidate local disaster risk information which includes natural hazards, vulnerabilities, and climate change risks, and maintain a local risk map;

(4) Organize and conduct training, orientation, and knowledge management activities on disaster risk reduction and management at the local level;

(5) Operate a multi-hazard early warning system, linked to disaster risk reduction to provide accurate and timely advice to national or local emergency response organizations and to the general public, through diverse mass media, particularly radio, landline communications, and technologies for communication within rural communities;

(6) Formulate and implement a comprehensive and - integrated LDRRMP in accordance with the national, regional and provincial framework, and policies on disaster risk reduction in close coordination with the local development councils (LDCs);

(7) Prepare and submit to the local sanggunian through the LDRRMC and the LDC the annual LDRRMO Plan and budget, the proposed programming of the LDRRMF, other dedicated disaster risk reduction and management resources, and other regular funding source/s and budgetary support of the LDRRMO/BDRRMC;

(8) Conduct continuous disaster monitoring and mobilize instrumentalities and entities of the LGUs, CSOs, private groups and organized volunteers, to utilize their facilities and resources for the protection and preservation of life and properties during emergencies in accordance with existing policies and procedures;

(9) Identify, assess and manage the hazards vulnerabilities and risks that may occur in their locality;

(10) Disseminate information and raise public awareness about those hazards. vulnerabilities and risks, their nature, effects, early warning signs and counter-measures;

(11) Identify and implement cost-effective risk reduction measures/strategies;

(12) Maintain a database of human resource, equipment, directories, and location of critical infrastructures and their capacities such as hospitals and evacuation centers;

(13) Develop, strengthen and operationalize mechanisms for partnership or networking with the private sector, CSOs, and volunteer groups;

(14) Take all necessary steps on a continuing basis to maintain, provide, or arrange the provision of, or to otherwise make available, suitably-trained and competent personnel for effective civil defense and disaster risk reduction and management in its area;

(15) Organize, train, equip and supervise the local emergency response teams and the ACDV s, ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to breastfeed;

(16) Respond to and manage the adverse effects of emergencies and carry out recovery activities in the affected area, ensuring that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for women and children, endeavor to create a special place where internally-displaced mothers can find help with breastfeeding, feed and care for their babies and give support to each other;

(17) Within its area, promote and raise public awareness of and compliance with this Act and legislative provisions relevant to the purpose of this Act;

(18) Serve as the secretariat and executive arm of the LDRRMC;

(19) Coordinate other disaster risk reduction and management activities;

(20) Establish linkage/network with other LGUs for disaster risk reduction and emergency response purposes;

(21) Recommend through the LDRRMC the enactment of local ordinances consistent with the requirements of this Act;

(22) Implement policies, approved plans and programs of the LDRRMC consistent with the policies and guidelines laid down in this Act;

(23) Establish a Provincial/City/Municipal/Barangay Disaster Risk Reduction and Management Operations Center;

(24) Prepare and submit, through the LDRRMC and the LDC, the report on the utilization of the LDRRMF and other dedicated disaster risk reduction and management resources to the local Commission on Audit (COA), copy furnished the regional director of the OCD and the Local Government Operations Officer of the DILG; and

(25) Act on other matters that may be authorized by the LDRRMC.

(d) The BDRRMC shall be a regular committee of the existing BDC and shall be subject thereto. The punong barangay shall facilitate and ensure the participation of at least two (2) CSO representatives from existing and active community-based people's organizations representing the most vulnerable and marginalized groups in the barangay.

Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National Service Reserve Corps, CSOs and the Private Sector. - The government agencies, CSOs, private sector and LGUs may mobilize individuals or organized volunteers to augment their respective personnel complement and logistical requirements in the delivery of disaster risk reduction programs and activities. The agencies, CSOs, private sector, and LGUs concerned shall take full responsibility for the enhancement, welfare and protection of volunteers, and shall submit the list of volunteers to the OCD, through the LDRRMOs, for accreditation and inclusion in the database of community disaster volunteers.

A national roster of ACDVs, National Service Reserve Corps, CSOs and the private sector shall be maintained by the OCD through the LDRRMOs. Accreditation shall be done at the municipal or city level.

Mobilization of volunteers shall be in accordance with the guidelines to be formulated by the NDRRMC consistent with the provisions of this Act. Any volunteer who incurs death or injury while engaged in any of the activities defined under this Act shall be entitled to compensatory benefits and individual personnel accident insurance as may be defined under the guidelines.

Section 14. Integration of Disaster Risk Reduction Education into the School Curricula and Sangguniang Kabataan (SK) Program and Mandatory Training for the Public Sector Employees. - The DepED, the CHED, the Technical Education and Skills Development Authority (TESDA), in coordination with the OCD, the National Youth Commission (NYC), the DOST, the DENR, the DILG-BFP, the DOH, the DSWD and other relevant agencies, shall integrate disaster risk reduction and management education in the school curricula of secondary and tertiary level of education, including the National Service Training Program (NSTP), whether private or public, including formal and nonformal, technical-vocational, indigenous learning, and out-of-school youth courses and programs.

The NDRRMC, the RDRRMCs, the LDRRMCs, the LDRRMOs, the BDRRMCs and the SK councils shall encourage community, specifically the youth, participation in disaster risk reduction and management activities, such as organizing quick response groups, particularly in identified disaster-prone areas, as well as the inclusion of disaster risk reduction and management programs as part of the SK programs and projects.

The public sector employees shall be trained in emergency response and preparedness. The training is mandatory for such employees to comply with the provisions of this Act.

Section 15. Coordination During Emergencies. - The LDRRMCs shall take the lead in preparing for, responding to, and recovering from the effects of any disaster based on the following criteria:

(a) The BDC, if a barangay is affected;

(b) The city/municipal DRRMCs, If two (2) or more barangays are affected;

(c) The provincial DRRMC, if two (2) or more cities/municipalities are affected;

(d) The regional DRRMC, if two (2) or more provinces are affected; and

(e) The NDRRMC, if two (2) or more regions are affected.

The NDRRMC and intermediary LDRRMCs shall always act as support to LGUs which have the primary responsibility as first disaster responders. Private sector and civil society groups shall work in accordance with the coordination mechanism and policies set by the NDRRMC and concerned LDRRMCs.

Section 16. Declaration of State of Calamity. - The National Council shall recommend to the President of the Philippines the declaration of a cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity, and the lifting thereof, based on the criteria set by the National Council. The President's declaration may warrant international humanitarian assistance as deemed necessary.

The declaration and lifting of the state of calamity may also be issued by the local sanggunian, upon the recommendation of the LDRRMC, based on the results of the damage assessment and needs analysis.

Section 17. Remedial Measures. - The declaration of a state of calamity shall make mandatory the Immediate undertaking of the following remedial measures by the member-agencies concerned as defined in this Act:

(a) Imposition of price ceiling on basic necessities and prime commodities by the President upon the recommendation of the implementing agency as provided for under Republic Act No. 7581, otherwise known as the "Price Act", or the National Price Coordinating Council;

(b) Monitoring, prevention and control by the Local Price Coordination Council of overpricing/profiteering and hoarding of prime commodities, medicines and petroleum products;

(c) Programming/reprogramming of funds for the repair and safety upgrading of public infrastructures and facilities; and

(d) Granting of no-interest loans by government financing or lending institutions to the most affected section of the population through their cooperatives or people's organizations.

Section 18. Mechanism for International Humanitarian Assistance. - (a) The importation and donation of food, clothing, medicine and equipment for relief and recovery and other disaster management and recovery-related supplies is hereby authorized in accordance with Section 105 of the Tariff and Customs Code of the Philippines, as amended, and the prevailing provisions of the General Appropriations Act covering national internal revenue taxes and import duties of national and local government agencies; and

(b) Importations and donations under this section shall be considered as importation by and/or donation to the NDRRMC, subject to the approval of the Office of the President.

Section 19. Prohibited Acts. - Any person, group or corporation who commits any of the following prohibited acts shall be held liable and be subjected to the penalties as prescribed in Section 20 of this Act:

(a) Dereliction of duties which leads to destruction, loss of lives, critical damage of facilities and misuse of funds;

(b) Preventing the entry and distribution of relief goods in disaster-stricken areas, including appropriate technology, tools, equipment, accessories, disaster teams/experts;

(c) Buying, for consumption or resale, from disaster relief agencies any relief goods, equipment or other and commodities which are intended for distribution to disaster affected communities;

(d) Buying, for consumption or resale, from the recipient disaster affected persons any relief goods, equipment or other aid commodities received by them;

(e) Selling of relief goods, equipment or other aid commodities which are intended for distribution to disaster victims;

(f) Forcibly seizing relief goods, equipment or other aid commodities intended for or consigned to a specific group of victims or relief agency;

(g) Diverting or misdelivery of relief goods, equipment or other aid commodities to persons other than the rightful recipient or consignee;

(h) Accepting, possessing, using or disposing relief goods, equipment or other aid commodities not intended for nor consigned to him/her;

(i) Misrepresenting the source of relief goods, equipment or other aid commodities by:

(1) Either covering, replacing or defacing the labels of the containers to make it appear that the goods, equipment or other aid commodities came from another agency or persons;

(2) Repacking the! goods, equipment or other aid commodities into containers with different markings to make it appear that the goods came from another agency or persons or was released upon the instance of a particular agency or persons;

(3) Making false verbal claim that the goods, equipment or other and commodity m its untampered original containers actually came from another agency or persons or was released upon the instance of a particular agency or persons;

(j) Substituting or replacing relief goods, equipment or other aid commodities with the same items or inferior/cheaper quality;

(k) Illegal solicitations by persons or organizations representing others as defined in the standards and guidelines set by the NDRRMC;

(l) Deliberate use of false at inflated data in support of the request for funding, relief goods, equipment or other aid commodities for emergency assistance or livelihood projects; and

(m) Tampering with or stealing hazard monitoring and disaster preparedness equipment and paraphernalia.

Section 20. Penal Clause. - Any individual, corporation, partnership, association, or other juridical entity that commits any of the prohibited acts provided for in Section 19 of this Act shall be prosecuted and upon conviction shall suffer a fine of not less than Fifty thousand pesos (Php50,000.00) or any amount not to exceed Five hundred thousand pesos (php500,000.00) or imprisonment of not less than six (6) years and one (1) day or more than twelve (12) years, or both, at the discretion of the court, including perpetual disqualification from public office if the offender IS a public officer, and confiscation or forfeiture in favor of the government of the objects and the instrumentalities used in committing any of herein prohibited acts.

If the offender is a corporation, partnership or association, or other juridical entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for the violation without prejudice to the cancellation or revocation of these entities license or accreditation issued to them by any licensing or accredited body of the government. If such offender is an alien, he or she shall, in addition to the penalties prescribed in this Act, be deported without further proceedings after service of the sentence.

However, the prosecution for offenses set forth in Section 19 of this Act shall be without prejudice to any liability for violation of Republic Act No. 3185, as amended, otherwise known as the Revised Penal Code, and other civil liabilities.

Section 21. Local Disaster Risk" Reduction and Management Fund (LDRRMF). - The present Local Calamity Fund shall henceforth be known as the Local Disaster Risk Reduction and Management Fund (LDRRMF). Not less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk management activities such as, but not limited to, pre-disaster preparedness programs including training, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities, and for the payment of premiums on calamity insurance. The LDRRMC shall monitor and evaluate the use and disbursement of the LDRRMF based on the. LDRRMP as incorporated in the local development plans and annual work and financial plan. Upon the recommendation of the LDRRMO and approval of the sanggunian concerned, the LDRRMC may transfer the said fund to support disaster risk reduction work of other LDRRMCs which are declared under state of calamity.

Of the amount appropriated for LDRRMF, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people In communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible.

Unexpended LDRRMF shall accrue to a special trust fund solely for the purpose of supporting disaster risk reduction and management activities of the LDRRMCs within the next five (5) years. Any such amount still not fully utilized after five (5) years shall revert back to the general fund and will be available for other social services to be identified by the local sanggunian.

Section 22. National Disaster Risk" Reduction and Management Fund. - (a) The present Calamity Fund appropriated under the annual General Appropriations Act shall henceforth be known as the National Disaster Risk Reduction and Management Fund (NDRRM Fund) and it shall be used for disaster risk reduction or mitigation, prevention and preparedness activities such as but not limited to training of personnel, procurement of equipment, and capital expenditures. It can also be utilized for relief, recovery, reconstruction and other work or services in connection with natural or human induced calamities which may occur during the budget year or those that occurred in the past two (2) years from the budget year.

(b) The specific amount of the NDRRM Fund and the appropriate recipient agencies and/or LGUs shall be determined upon approval of the President of the Philippines in accordance with the favorable recommendation of the NDRRMC.

(c) Of the amount appropriated for the NDRRM Fund, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people in communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible.

(d) All departments/agencies and LGUs that are allocated with DRRM fund shall submit to the NDRRMC their monthly statements on the utilization of DRRM funds and make an accounting thereof in accordance with existing accounting and auditing rules.

(e) All departments, bureaus, offices and agencies of the government are hereby authorized to use a portion of their appropriations to implement projects designed to address DRRM activities in accordance with the guidelines to be issued by the NDRRMC in coordination with the DBM.

Section 23. Funding of the OCD. - As lead agency to carry out the provisions of this Act, the OCD shall be allocated a budget of One billion pesos (Php1,000,000,000.00) revolving fund starting from the effectivity of this Act.

Section 24. Annual Report. - The National Council, through the OCD, shall submit to the Office of the President, the Senate and the House of Representatives, within the first quarter of the succeeding year, an annual report relating to the progress of the implementation of the NDRRMP.

Section 25. Implementing Rules and Regulations. - The NDRRMC. through its Chairperson. shall issue the necessary rules and regulations for the effective implementation of this Act within ninety (90) days after approval of this Act. The OCD. in consultation with key stakeholders. shall take the lead in the preparation of the implementing rules and regulations with the active involvement of the technical management group of the NDRRMC.

Section 26. Congressional Oversight Committee. - There is hereby created a Congressional Oversight Committee to monitor and oversee the implementation of the provisions of this Act. The Committee shall be composed of six (6) members from the Senate and six (6) members from the House of Representatives with the Chairpersons of the Committees on National Defense and Security of both the Senate and the House of Representatives as joint Chairpersons of this Committee. The five (5) other members from each Chamber are to be designated by the Senate President and the Speaker of the House of Representatives. respectively. The minority shall be entitled to pro rata represent3tion but shall have at least two (2) representatives from each Chamber.

Section 27. Sunset Review. - Within five (5) years after the effectivity of this Act, or as the need arises, the Congressional Oversight Committee shall conduct a sunset review. For purposes of this Act, the term "sunset review" shall mean a systematic evaluation by the Congressional Oversight Committee of the accomplishments and impact of this Act, as well as the performance and organizational structure of its implementing agencies, for purposes of determining remedial legislation.

Section 28. Repealing Clause. - Presidential Decree No. 1566 and all other laws, decrees, executive orders, proclamations and other executive issuance's which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.

Section 29. Separability Clause. - If any provision of this Act shall be held unconstitutional or invalid, the other provisions not otherwise affected shall remain m full force and effect.

Section 30. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,

(Sgd.) PROSPERO C. NOGRALES Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE President of the Senate

This Act which is a consolidation of Senate Bill No. 3086 and House Bill No, 6985 was finally passed by the Senate and the House of Representatives on February 1, 2010.

(Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives

(Sgd.) EMMA LIRIO-REYES Secretary of Senate

Approved: May 27, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines