Council of Ministers Regulation No. 363/2015
Council of Ministers
Regulations to provide for the establishment of THE NATIONAL Disaster RISK
MANAGEMENT COMMISSION
WHEREAS, it has become necessary to provide
appropriate and timely responses to disaster before, during and after the
disaster period at all levels through establishing a coordinated, accountable
and decentralized system in scalable manner;
WHEREAS, it is found essential to back with
legal frame-work the implementation of disaster risk management approach by
engaging all concerned bodies with the aim of reducing disaster risks;
WHEREAS, it is required to bring about a
paradigm shift on the existing system that mainly focuses on drought and supply
of life saving relief emergency assistance during disaster to a comprehensive
disaster risk management approach;
NOW, THEREFORE, this Regulation is issued by the Council of Ministers Pursuant to Article 5 and 39 of the Definitions of Power and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015:
PART ONE
General
1. Short Title
This
Regulation may be cited as the “National Disaster Risk Management Commission
Establishment Council of Ministers Regulation No. 363/2015”.
2. Definitions
In this
Regulation, unless the context otherwise requires:
1/ “disaster” means
a serious disruption of the functioning of a community causing wide range of
human, material, economic or environmental loss and impact, which is beyond the
capacity of the affected community to cope using its own resources;
2/ “disaster risk”
means potential disaster that may cause losses of lives, damage to environment,
health, livelihoods, assets and basic services to a particular community or a
society;
3/ “disaster risk
management” means a systematic process of using administrative directives,
organizations, operational skills and
capacities in order to minimize the adverse effect of disaster;
4/ “early warning
system” means the set of capacities needed to generate and disseminate timely
warning information to enable individuals, communities and organizations
threatened by disaster grounds and disaster to prepare and take proper measures
that reduce the possibility of harm or loss;
5/ “disaster
grounds” means anything that is either natural or manmade hazardous occurrence,
matter, human movement or condition that can cause serious disaster, death,
bodily injury or basic health influence to human or that may cause loss of
basic income source and service, or cause impediment of social and economy
development or environmental damage;
6/ “profile” means
an indicative survey outcome of risk assessment and analysis on the
vulnerability to disaster and capacity to resist disaster conducted to
determine the nature and extent of risk;
7/ “lead sector
institution” includes the Federal or Regional Government office designated as
lead sector institutions in the National Policy and Strategy on Disaster and
Risk Management;
8/ “disaster risk
reduction” means the concept and practice of reducing disaster risks through
conducting studies on the root cause of disaster to analyze and manage the
grounds of disasters, reducing exposure to disaster, lessen disaster
vulnerability of people and property, wise management of land and the
environment, and strengthening improved preparedness for adverse events;
9/ “emergency
co-ordination center” means a place where emergency response is activated and
run by bringing all relevant stakeholders together;
10/ “declaration of
disaster” means an official announcement by the Disaster Risk Management
Council on the occurrence of a disaster when concerned body in the affected
area determines that the scale or impact of the disaster is beyond its capacity
to cope with effectively, thereby requiring the support of others;
11/ “emergency
response” means a series of appropriate actions and precautions, including the
provision and distribution of essential food and non-food items, goods, and
services aimed at saving lives and protecting livelihoods of the affected
population in the event of disaster;
12/ “rehabilitation”
means measures applied after a disaster which are necessary to restore to
normal activities and life style and, build resilience to future shocks in
affected areas, communities, and economic sectors;
13/ “disaster
response fund” means liquid cash maintained in the form of preparedness to
enable to respond to the disaster when disaster occurred;
14/ “Region”
means any Regional State referred to in
Article 47(1) of the Constitution of the Federal Democratic Republic of
Ethiopia and includes the Addis Ababa and Dire Dawa City Administrations;
15/ “person” means
any natural or juridical person;
16/ any expression
in the masculine gender includes the feminine.
PART TWO
NATIONAL Disaster
Risk MANAGEMENT COMMISSION
3. Establishment
1/ The National Disaster
Risk Management Commission (hereinafter the “Commission”) is hereby established
as an autonomous Federal Government office having its own legal personality.
2/ The Commission
shall be accountable to the Office of the Prime Minister.
4. Objective
The objectives of the Commission shall be:
1/ conducting
appropriate activities for the comprehensive implementation and realization of
the objectives of the National Disaster Risk Management Policy and Strategy and
2/ coordinating,
monitoring, and providing appropriate support with respect to activities
carried out by the lead sector institution.
5. Head Office
The head
office of the Commission shall be in Addis Ababa and may establish branch
offices elsewhere as may be necessary.
6. Powers and Duties of the Commission
The
Commission shall have the following powers and duties to:
1/ ensure that
disaster risk management is mainstreamed into Government development policies,
strategies, development plans and programs, and in the plans of the private
sector as well as in the school curricula; and provide support, as may be
necessary, to concerned bodies in relation to such issues;
2/ ensure and
follow–up the inclusion of disaster risk management in the plans of the
executive organs which are identified as lead sector institution in the
Disaster Risk Management Policy and Strategy document;
3/ collect and
compile nationwide action plans for the implementation of disaster risk
management policy and strategy; regularly monitor and evaluate implementation
of same, and submit at least bi-annual
performance reports to the Disaster Risk Management Council;
4/ coordinate,
follow up and evaluate disaster risk reduction, disaster response and rehabilitation
programs of disaster victim;
5/ implement, lead,
and coordinate responses in the event of disasters that either do not fall
under the responsibility of any one of designated lead sector institutions or a
sudden disaster that is beyond the capacity of the lead sector institution;
6/ hold and
administer disaster response fund, relief food and non-food stock;
7/ whenever
necessary, emergency relief food supplies, distribute up on discharging from concerned government
institution in charge of administration of the strategic food reserve;
8/ in collaboration
with concerned bodies, lead and coordinate work on the development and revision
of disaster risk profiles at the national level;
9/ on the basis of
the disaster risk profile, develop and implement comprehensive contingency
plans at all levels; facilitate conditions to undertake regular and planned
simulation exercises at all levels to assess existing emergency response
preparedness, including the contingency plan, and take corrective measures
accordingly;
10/ lead and
coordinate studies and assessments conducted at national level before, during,
and after the disaster period including disaster risk forecaster;
11/ lead and
coordinate the Federal Early Warning and Emergency Coordination Center by
supporting it with modern technologies; support the establishment of
similar centers in lead sector institutions at Federal, Regional, Zonal and Woreda
Administration levels, as required;
12/ facilitate
conditions and provide support for wider application of information and
communication technologies for disaster risk management; serve as a repository
for disaster risk management information at National level and provide support,
as required, to enable the Regional Administrations to set up a similar
repository;
13/ following the
official declaration of a disaster and upon the decision of the Disaster Risk
Management Council, mobilize resources from domestic and international sources;
14/ utilize secured
resources by itself and through other concerned lead sector institutions found
at Federal and Regional Administrations levels for emergency response;
15/ in
collaboration with concerned bodies, establish and operate a mechanism to
enable the disaster risk management system to get comprehensive support from
volunteers organized on a voluntary basis and engaged in result oriented
disaster risk management activities;
16/ in accordance
with the relevant laws and directives of country, establish working
relationship and collaborate with relevant international organizations,
governmental and private organizations to facilitate the smooth implementation
of the National Disaster Risk Management Policy and Strategy;
17/ own property,
enter into contracts, sue and be sued
in its own name;
18/ perform other
related necessary activities to meet its objectives.
7. Organization of the Commission
The
Commission shall have:
1/ a Disaster Risk
Management Council (herein after called the “Council”);
2/ a Commissioner
and, as may be necessary, a Deputy Commissioners, to be appointed by the
Government ;and
3/ the
necessary staffs.
8. Members of the Council
1/ The Council shall
be chaired by the Prime Minister and have members designated by the Government
including the heads of lead sector institutions; and the number of members of
the Council shall be determined as required.
2/ The Commissioner
of the Commission shall be a secretary of the Council;
9. Powers and Duties of the Council
The Council
shall have the following powers and duties:
1/ provide general
direction regarding the implementation of the National Disaster Risk Management
Policy and Strategy; follow-up and evaluate the implementation of same; revise
the policy and strategy as required;
2/ ensure that
appropriate laws, directives, and strategic programs and investment frameworks
and plans as well as adequate budget and capacity, and proper organizational
structures are put in place at all levels, including in all designated lead sector institutions, for proper
implementation of the policy and strategy;
3/ ensure that
disaster risk management system is fully decentralized in line with the policy
and strategy and preparedness capacity is in place in order to provide response
before, during, and after the disaster period at all levels;
4/ ensure, in line
with the policy and strategy, that disaster risk management is
mainstreamed into development policies, strategies, programs and plans as well
as its implementation is aligned and integrated with climate change adaptation
and social protection related activities;
5/ declare to the
public at large the occurrence of disaster;
6/ lead disaster
response activities following the official declaration of disaster occurrence;
7/ allocate
additional fund from national treasury for disaster response and give direction
to the Commission to mobilize resources from domestic and foreign sources as
required;
8/ ensure that
emergency interventions are linked to development programs and contributing to
sustainable development and under no circumstances that they should create
favourable conditions for a dependency syndrome to develop or get deeper;
9/ ensure that
disaster response fund, food and non food items as well as additional resources
allocated by the government and those mobilized from domestic and foreign
sources are properly utilized for disaster response activities;
10/ pass decision
and give directions on other necessary policy and strategic related matters to
meet the objective of the National Disaster Risk Management Policy and
Strategy;
10. Powers and Duties of
the Commissioner
1/ The Commissioner
of the Commission shall be the Chief Executive Officer of the Office and shall
direct and administer the activities of the Commission.
2/ Without
limiting the generality of sub-article (1) of this Article, the Commissioner of
the Commission shall:
a) exercise the
powers and duties of the Commission specified under Article 6 of this
Regulation;
b) organize the
Commission, employ and administer employees of the Commission in accordance
with the Federal Civil Service laws;
c) prepare the
annual budget and work program of the Commission; and implement same upon
approval;
d) effect
expenditure in accordance with the approved budget and work program of the
Commission;
e) represent the
Commission in all its dealings with third parties;
f) prepare and,
after being reviewed by the management committee, submit to the Council the
performance and financial reports of the Commission.
3/ The Commissioner
of the Commission may delegate part of his powers and duties to officials and
employees of the Commission to the extent necessary for the efficient
performance of the activities of the Commission.
11. Powers and Duties of
the Deputy Commissioners
The Deputy Commissioners
of the Commission shall have the following powers and duties:
1/ carry out the
powers and duties specifically entrusted to them by the Commissioner of the Commission;
2/ in the absence
of the Commissioner, the Deputy Commissioner specifically delegated shall act
on behalf of the Commissioner.
12. Budget
The budget
of the Commission shall be drawn from the following sources:
1/ budget
allocated by the Government; and
2/ up on decision
by the Government, income from fund mobilization and other sources.
13. Books of Accounts
1/ The Commission
shall keep complete and accurate books of accounts.
2/ The books of
accounts and financial documents of the Commission as well as disaster response
fund and non-food stock administered by the Commission shall be audited
annually by the Auditor General or an
auditor designated by him.
14. Procurement and
Administration of Property
1/ The Commission
shall, by itself, procure emergency supply goods in accordance with the Public
Procurement and Property Administration law.
2/ The Commission
may import procured or donated emergency food and non-food items and equipments
for disaster response purpose in accordance with Article 47 to 49 of the
Customs Proclamation No. 859/2014.
PART THREE
Miscellaneous Provisions
15. Inapplicable laws
No
Regulations, directives or customary practice shall, in so far as it is
inconsistent with this Regulation, be applicable with respect to matters
provided for by this Regulation.
16 . Transfer of Rights
and Obligations
The rights
and obligations of the National Disaster Prevention and Preparedness Fund
established by Proclamation No. 212/2000 are hereby transferred to the
Commission.
17. Effective Date
This Regulation shall enter into force as
of 25th November 2015;
Done at Addis Ababa, this 14th
day of December, 2015
HAILEMARIAM DESSALEGNE
PRIME MINISTER OF THE
FEDERAL
DEMOCRATIC REPUBLIC OF
ETHIOPIA
No comments:
Post a Comment