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Module 2: THE LEGAL FRAMEWORK OF THE DISASTER RISK REDUCTION AND MANAGEMENT POLICY July 2013 Knowledge and Training Resource Center on Climate Change and Disaster Risk Reduction Cordillera Studies Center University of the Philippines Baguio Module 2: The Legal Framework of the Disaster Risk Reduction and Management Policy Prepared by: Nimreh L. Calde Department of Economics and Political Science University of the Philippines Baguio I. BRIEF INTRODUCTION Among the first United Nations (UN) Resolutions recognizing the need for a framework on reduction, mitigation, prevention of and preparation for disaster risks is UN Resolution No. 46/182 which was issued during the 78 th plenary meeting on 19 December 1991. Later on 18-22 January 2005, the World Conference on Disaster Reduction was conducted in Kobe, Hyogo, Japan where the Hyogo Framework for Action (HFA) was adopted. At the level of the Association of South-East Asian Nations (ASEAN), the Foreign Ministers of the ASEAN countries signed the Agreement on Disaster Management and Emergency Response (AADMER) at Vientiane, Lao People’s Democratic Republic on 26 July 2005. The AADMER was enforced on 24 December 2009. At the national level, the Fourteenth Philippine Congress passed Republic Act 9729 or the Climate Change Act of 2009 and Republic Act 10121 or the Philippine Disaster Risk Reduction and Management Act (DRRM Act) of 2010. The DRRM act mandates the Office of the Civil Defense (OCD) to formulate a National Disaster Risk Reduction and Management Plan (NDRRMP) subject to the approval of the National Disaster Risk Reduction and Management Council (NDRRMC). In December 2011, the OCD came out with the NDRRMP. To facilitate the reader, the following policies will be discussed and the flow of the discussion of these policies will be as follows: 1. UN Resolution Number 46/182 2. Hyogo Framework of Action 3. ASEAN Agreement on Disaster Management and Emergency Response 4. Philippine Disaster Risk Reduction and Management Act 5. Climate Change Act 6. National Disaster Risk Reduction Plan Page 2 of 14 II. OBJECTIVES: At the end of this module the reader should have been: 1. Introduced with the basic principles of the Disaster Risk Reduction and Management Act, Climate Change Act and related International Agreements in relation to local governments. 2. Appraised with the functions and responsibilities of the local governments based on the Philippine Disaster Risk Reduction and Management Act and the Climate Change Act. 3. Provided with the basic tools to evaluate compliance of the local governments with the mandate of the Philippine Risk Reduction and Management Act and the Climate Change Act. III. METHODOLOGY: Lecture, workshop IV. MATERIALS NEEDED: DLP, laptop, laser pointer, easel sheets, pens V. DURATION: ______ hours VI. CONTENT A. UN RESOLUTION NUMBER 46/182 One of the first UN Resolutions acknowledging the necessity of creating an overarching framework for disaster prevention and preparedness including early warning systems of disaster is UN Resolution No. 46/182. One of the guiding principles ingrained in the Resolution states: “Special attention should be given to disaster prevention and preparedness by the Government concerned, as well as by the international community.”1 The Resolution further provides: “In order to reduce the impact of disasters there should be increased awareness of the need for establishing disaster mitigation strategies… There should be greater exchange and dissemination of existing and new 1 UN Resolution No. 46/182, Guiding Principle No. 8 Page 3 of 14 technical information related to the assessment, prediction and mitigation of disasters…”2 This also emphasizes the intricate relationship between development and disaster preparedness, the UN declares “economic growth and sustainable development are essential for prevention of and preparedness against natural disasters and other emergencies.”3 B. HYOGO FRAMEWORK OF ACTION (HFA) The Hyogo Framework of Action presents the priorities that the participating states to the Hyogo Conference should develop and where focus should be given for the years 2005 to 2015 with respect to disaster prevention and preparedness. Among the guiding principles of the Framework of Action are: 1. The primary responsibility of the state to ensure “sustainable development and for taking effective measures to reduce disaster risks.”4 2. Establishment of an “integrated, multi-hazard approach,” and gender sensitive framework taking into consideration “cultural diversity, age and vulnerable groups” in considering the state policies towards disaster risk preparedness and management.5 3. Empowerment of “communities and local authorities” in disaster risk reduction and management.6 4. Promotion of the “culture of prevention”7 The Hyogo Framework of Action further identified the “gaps and challenges for the coming years”8 as well as the corresponding priorities for action that the participating states must emphasize. 2 UN Resolution No. 46/182, No.13 UN Resolution No. 46/182, Guiding Principle No. 10 4 Hyogo Framework of Action, 13 (b) 5 Hyogo Framework of Action, 13 (c) to (e) 6 Hyogo Framework of Action, 13 (f) 7 Hyogo Framework of Action, 13 (i) 8 Hyogo Framework of Action, 9 (a) to (e) 3 Page 4 of 14 Gaps and Challenges9 Governance: organizational, legal and policy frameworks Risk identification, assessment, monitoring and early warning Knowledge management and education Reducing underlying risk factors Preparedness for effective response and recovery Priorities for Action10 Ensure that disaster risk reduction is a national and local priority with strong institutional basis for implementation Indentify, assess and monitor disaster risks and enhance early warning Use knowledge, innovation and education to build a culture of safety and resilience at all levels Reduce the underlying risk factors Strengthen disaster preparedness for effective response at all levels C. ASEAN AGREEMENT ON DISASTER MANAGEMENT AND EMERGENCY RESPONSE (AADMER) The AADMER aims11 to: provide effective mechanisms to achieve substantial reduction of disaster losses in lives and in the social, economic and environmental assets of the Parties12 and to jointly respond to disaster emergencies through concerted national efforts and intensified regional and international cooperation. This should be pursued in the overall context of sustainable development and in accordance with the provisions of this Agreement. Based on the agreement, the parties have the following general obligations13: a. Co-operate in developing and implementing measures to reduce disaster losses including identification of disaster risk, development of monitoring, assessment and early warning systems, standby arrangements for disaster relief and emergency response, exchange of information and technology, and the provision of mutual assistance; b. Immediately respond to a disaster occurring within their territory. When the said disaster is likely to cause possible impacts on other Members States, respond promptly to a request for relevant information sought by a Member State or States that are or may be affected by such disasters, with a view to minimizing the consequences; 9 Hyogo Framework of Action, 9 (a) to (e), copied verbatim Hyogo Framework of Action, 14 (1) to (5), copied verbatim 11 AADMER, Article 2 12 When the AADMER mentions “the Parties,” this refers to the member-states of ASEAN that ratified the AADMER 13 ADDMER, Article 4 10 Page 5 of 14 c. Promptly respond to a request for assistance from an affected Party; and d. Take legislative, administrative and other measures as necessary to implement their obligations under this Agreement. D. THE PHILIPPINE DISASTER RISK REDUCTION AND MANAGEMENT ACT In line with the Hyogo Framework of Action and the ASEAN Agreement on Disaster Management and Emergency Response, where the Philippines is a party, the Fourteenth Congress passed the Philippine Disaster Risk Reduction and Management Act of 2010 which aims among others to: 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.14 The law directs various government agencies to: 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 disasters 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.15 The councils and offices created and/or tasked to put into operation the various responsibilities of the government based on Philippine Disaster Risk Reduction and Management Act are the following: 14 15 RA 10121, sec. 2 (d) RA 10121, sec. 2 (e) Page 6 of 14 NDRRMC OCD NDRRMOC DRRMI RDRRMC RDRRMOC PDRRMC PDRRMO CDRRMC/ MDRRMC CDRRMO/ MDRRMO BDC/ BDRRMC Figure 1: Councils and Offices Based on the Implementing Rules and Regulations (IRR)16 of the Philippine Disaster Risk Reduction and Management Act of 2010, the different Disaster Risk Reduction and Management Councils will be activated when: a. Barangay Development Council (BDC) – if a barangay is affected; b. City/Municipal Disaster Risk Reduction and Management Council (C/MDRRMC) – if two or more barangays are affected; c. Provincial Disaster Risk Reduction and Management Council (PDRRMC) – if two or more cities or municipalities are affected; d. Regional Disaster Risk Reduction and Management Council (RDRRMC) – if two or more provinces are affected; e. National Disaster Risk Reduction and Management Council (NDRRMC) – if two or more regions are affected. 16 IRR of RA 10121, Rule 11, Sec. 1 Page 7 of 14 Figure 2: The RDRRMC Civil Defense Officer of the OCD Regional Director of DSWD Regional Director of DILG Regional Director of DOST Regional Director of NEDA Members 14 line departments: DOH, DENR, DA, DepEd, DOE, DOF, DTI, DOTC, DBM, DPWH, DFA, DOJ, DOLE, and DOT 10 other government agencies: OPAPP, CHED, AFP, PNP, PRC, NAPCVDC, NCRFW, HUDCC, Climate Change Commission, and PhilHealth 2 Government Financial Institutions: GSIS and SSS 5 LGU Leagues: ULAP, LPP, LCP, LMP and LnB 4 representatives from CSOs 1 representative from the Private Sector Source: DRRM Manual for Science and Mathematics Teachers , 2012 Functions of the RDRRMC17: a. Except for the policy making functions of the NDRRMC, coordinate, integrate, supervise, monitor and evaluate Regional Council Member Agencies and the LDRRMCs. b. Ensure disaster sensitive regional development plans. c. In case of emergencies, convene the different regional line agencies and concerned institutions and authorities. 17 Items a and d are mandated by sec. 3 IRR of RA 10121,explaining sec. 10 of RA 10121. Items b and c are mandated by sec. 10 of RA 101211 as repeated by sec. 3 IRR of RA 10121. Page 8 of 14 d. Establish and operating facility on a 24-hour basis to be known as the Regional Disaster Risk Reduction and Management Operations Center (RDRRMOC). Figure 3: The LDRRMC Chief Executive Members (sec. 10, RA 101211) The respective heads of: LDRRMO, Local Social welfare and Development Office, Local Health Office, Local Agriculture Office, Gender and Development Office, Local Engineering Office, Local Veterinary Office, and Local Budget Office. Local Planning and Development Officer, Division Head/Superintendent/District Supervisor of the DepEd, highest ranking officer of the AFP, Provincial/City Director/Component City/Municipal Chief of the PNP, Provincial Director/City or Municipal Fire Marshall of the BFP, President of the Liga ng mga Barangay. Philippine Red Cross, 4 accredited CSOs and 1 private sector representative. At the Barangay Level, the BDRRMC will be a committee of the BDC. The BDRRMC shall have at least two (2) CSO representatives (sec. 12 [d], RA 101211. Functions of the LDRRMCs18: a. Approve, monitor and evaluate the implementation of the LDRRMPs and regularly review and test the plan consistent with other national and local planning programs; b. 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; 18 Sec. 11 (B), Nos. 1-4, RA 10121 Page 9 of 14 c. Recommend the implementation of forced or preemptive evacuation of local residents, if necessary; and d. Convene the local council once every three (3) months or as necessary. To ensure the implementation of RA 10121 at the local level, the law created the Local Disaster Risk Reduction and Management Office19: Figure 4: The LDRRMO 20 Local Chief Executive Local Disaster Risk Reduction and Management Officer (LDRRMO) Staff for Administration and Training Staff for Research and Planning Staff for Operations and Warning The DRRMO must have the following qualifications21: a. Civil Service eligible b. Civil Defense/DRM experience For the purpose of implementing RA10121 at the local level, the Local Calamity Fund will be called the Local Disaster Risk Reduction and Management Fund (LDRRMF). Not less than 5% of the estimated revenue from regular sources shall be set aside as the LDRRMF. 30% of which should be allocated as Quick Response Fund.22 19 Sec. 12, RA 10121 Sec. 12, RA 10121 21 Sec.3, IRR of RA 10121 22 Sec. 21, RA 10121 20 Page 10 of 14 E. THE CLIMATE CHANGE ACT OF 2009 It bears stressing that climate change and disasters are closely intertwined. This prompted the passage of the Climate Change Act in the year 2009 and right thereafter the Philippine Disaster Risk Reduction and Management Act was made into law in 2010. The Climate Change Act recognizes the indispensable part that the Local Government Units play in responding to climate change. The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan. Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and City governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate-related activities23. The Local Chief Executives (LCEs) shall appoint the person responsible for the formulation and implementation of the local action plan.24 To fund the activities of the Local Government Units related to climate change, the law provides that “the LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively…” 25 The law further states: “all relevant government agencies and LGUs shall allocate from their annual appropriations adequate funds for the formulation, development and implementation.”26 F. THE NATIONAL DISASTER RISK REDUCTION AND MANAGEMENT PLAN (NDRRMP) In compliance with the directive of the Philippine Disaster Risk Reduction and Management Act of 2010, the Civil Defense Office (OCD) prepared the NDRRMP in December 2011 which drew up the activities that the various government agencies and 23 Sec. 14, RA 9729; Sec. 4, Rule VIII, IRR of RA 9729 Sec. 14, RA 9729; Sec. 4, Rule VIII, IRR of RA 9729 25 Sec. 14, RA 9729; Sec. 4, Rule VIII, IRR of RA 9729 26 Sec. 18, RA 9729; Sec. 2, Rule X, IRR of 9729 24 Page 11 of 14 other stakeholders should carry out to achieve the aims of the Philippine Disaster Risk Reduction and Management Act of 2010 and at the same time respond to the mandate of the Climate Change Act of 2009. The NDRRMP provides the activities as well as the outputs and outcomes that are supposed to be performed and achieved for the years covering 2011 to 2028. The NDRRMP, is geared, among others, in: Strengthening 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. It highlights, among others, the importance of mainstream DRRM and CCA in the development processes such as policy formulation, socioeconomic development planning, budgeting and governance particularly in the area of environment, agriculture, water, energy, health, education, poverty reduction, land-use and urban planning and public infrastructure and housing among others. In line with the objectives as well as the activities that the NDRRMP has outlined, it is important to determine the degree of assistance the national government has provided to the local government as well as to ascertain how far the local governments have responded to the demands of the Philippine Disaster Risk Reduction and Management Act of 2010, Climate Change Act of 2009 and the NDRRMP. The activities below are directed towards this end. G. ACTIVITIES 1. Fill in the columns with the necessary information: Name of LGU With DRRM Plan? Page 12 of 14 How much DRRM budget for this year? (Approx.) With DRRMO? DRRMO, with plantilla position DRRMC, with CSO rep? Does SDP help in DRRM? How? Major challenge in implementing PRRMA Abbreviations: a. LGU – Local Government Unit b. DRRM – Disaster Risk Reduction Management c. DRRMO – Disaster Risk Reduction Management Office d. DRRMC- Disaster Risk Reduction Management Council e. CSO – Civil Society Organization f. SDP – Seal of Disaster Preparedness g. PRRMA – Philippine Risk Reduction Management Act 2. ACTIVITY 2: Answer the following questions: Do you think your LGU needs a DRRM Plan? Why? Do you think your LGU needs DRRMO? Why? VII. SUGGESTED READINGS Disaster Risk Reduction and Management Manual for Science and Mathematics Teachers. Program Development Unit, Science Innovation Division, Science Education Institute. Reprinted December 2012. The National Disaster Risk Reduction and Management Plan (NDRRMP), 2011 to 2028. Office of the Civil Defense. December 2011 VIII. REFERENCES Administrative Order No. 2010-01. Implementing Rules and Regulations (IRR) of Republic Act 9729. 20 January 2010. ASEAN Agreement on Disaster Management and Emergency Response (AADMER). Enacted: 26 July 2005. Enforced: 24 December 2009. Disaster Risk Reduction and Management Manual for Science and Mathematics Teachers. Program Development Unit, Science Education Innovations Division: Reprinted, December 2012. Hyogo Framework for Action 2005-2015: Building Resilience of Nations and Communities to Disaster. 18-22 January 2005. Implementing Rules and Regulations of Republic Act 101211. 27 September 2010. Republic Act No. 9729, The Climate Change Act of 2009. Republic Act No. 10121, Philippine Disaster Risk Reduction and Management Act of 2010. Page 13 of 14 The National Disaster Risk Reduction and Management Plan (NDRRMP). Office of the Civil Defense (OCD): December 2012. United Nations Resolution No. 46/182, Strengthening of the coordination of humanitarian emergency assistance of the United Nations. 78th plenary meeting. 19 December 1991. Page 14 of 14