risk reduction module-2

8/17/2019 Risk Reduction module-2

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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 CenterUniversity of the Philippines Baguio


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Module 2: The Legal Framework of the

Disaster Risk Reduction and Management Policy

Prepared by:

Nimreh L. Calde

Department of Economics and Political ScienceUniversity 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


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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


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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 andvulnerable 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

3 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)

8Hyogo Framework of Action, 9 (a) to (e)


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Gaps and Challenges9 Priorities for Action10

Governance: organizational, legal and

policy frameworks

Ensure that disaster risk reduction is a

national and local priority with strong

institutional basis for implementationRisk identification, assessment,monitoring and early warning

Indentify, assess and monitor disasterrisks and enhance early warning

Knowledge management and education Use knowledge, innovation and education

to build a culture of safety and resilience at

all levels

Reducing underlying risk factors Reduce the underlying risk factors

Preparedness for effective response and

recovery

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, standbyarrangements 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 otherMembers States, respond promptly to a request for relevant

information sought by a Member State or States that are or may beaffected by such disasters, with a view to minimizing the

consequences;

9 Hyogo Framework of Action, 9 (a) to (e), copied verbatim

10 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

AADMER13 ADDMER, Article 4


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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 isholistic, 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 RA 10121, sec. 2 (d)

15 RA 10121, sec. 2 (e)


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NDRRMC

DRRMIOCD

BDC/

BDRRMC

RDRRMC

RDRRMOC

NDRRMOC

PDRRMC

CDRRMC/

MDRRMC

PDRRMO

CDRRMO/MDRRMO

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) – iftwo or more regions are affected.

16 IRR of RA 10121, Rule 11, Sec. 1


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Figure 2: The RDRRMC

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.

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, NAPC-

VDC, 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


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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

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

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, DivisionHead/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 mgaBarangay.

Philippine Red Cross, 4 accredited CSOs and 1 private sector

representative.

At the Barangay Level, the BDRRMC will be a committee ofthe BDC. The BDRRMC shall have at least two (2) CSO

representatives (sec. 12 [d], RA 101211.


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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 LDRRMO20

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

20 Sec. 12, RA 10121

21 Sec.3, IRR of RA 10121

22 Sec. 21, RA 10121

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


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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 practicesand 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 changeaction plans. Inter-local government unit collaboration shall be maximized

in the conduct of climate-related activities 23.

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



26 Sec. 18, RA 9729; Sec. 2, Rule X, IRR of 9729


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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, theimportance 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 ofLGU

WithDRRMPlan?

How muchDRRM

budget forthis year?(Approx.)

WithDRRMO?

DRRMO, with

plantillaposition

DRRMC, with CSO

rep?

Does SDPhelp in

DRRM?How?

Majorchallenge in

implementingPRRMA


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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 to2028. 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.


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The National Disaster Risk Reduction and Management Plan (NDRRMP). Office of the CivilDefense (OCD): December 2012.

United Nations Resolution No. 46/182, Strengthening of the coordination of

humanitarian emergency assistance of the United Nations. 78th

plenary meeting. 19December 1991.

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