National Policy on Disaster Management 1999

Republic ofMozambique National Policy on Disaster Management Reproduced on the Occasion of the Celebrations of the IDNDR (1999-2000) Maputo, October 1999 NATIONAL POLICY ON DISASTER MANAGEMENT Our country is susceptible to regular disasters of social, geological, meteorological, hydrological or other origin. They usually take the form of drought, floods, cyclone, pest infestation, epidemies and other chance events such as bush fires, storms, earth tremors, and major accidents. The system for disaster prevention, relief and rehabilitation involves a number of different services and skills that require effective multi sectoral harmonisation and coordination. As the effects of disasters differ from country to country, according to their levei of development and the civic education of their population, each situation requires its own appropriate preventiva measures to protect lives and properly. ln recognition of this, immediately after independence the Government's efforts were directed at concrete solidarity activities in support of disaster victims. Through Presidential ,Decree 44180 of 3 September it established the Co-ordinating Council for the Prevention and Combat of Natural Disasters and its executiva body, the Department for the Prevention and Combat of Natural Disasters Today, after many years of managing disasters and complex emergency situations affecting millions of Mozambicans and virtually ali segments of society, the time has come to define a more updated Disaster Management Policy, a new legal framework. We need to create bodies that address not just the need to respond promptly and effectively to natural disasters that have occurred, but also to prevent them, using our own accumulated experience and that of other countries. This requires a change in attitude, from a post-disaster reactive approach to a pro-active stance bafore the disaster occurs. lt demands the espousal of a cultura of prevention that, given the variety of dangers and threats we face in different parts of the country, promotes a vulnerable community oriented multi-sector approach. Consequently, in addition to definitions that help comprehend the phenomenon and in keeping with the principie of protecting human life and the economy, the Disaster Management Policy comprises general and specific objectives, strategies, action plans, as well as legal norms on prevention, s of achieving institutional complementarity, and the bodies involved in the process. The policy also contains forms and sources of funding. lt is intended that the National Disaster Management Policy should achieve greater harmonisation and the definition of a new legal framework appropriate to the current situation in the country, by combining the activities of state, public and Private e-,:;.ties in the noble task of providing humanitarian assistance to victims and protecting property, perfecting the institutional management mechanism and promoting the necessary preparedness and effectiveness. ln addition, it is intended that the prevention issue and disaster management should be included in the policy and in the country's overall socio-economic development effort through greater rationalisation of and complementarity between available resources, both national and those provided through international co-operation. CHAPTERI DEFINITIONS For the purposes of this policy and these strategies the following definitions apply: 1. Disaster The slow or rapid occurrence of an adverse situation, caused by a natural phenomenon or by man, that impacts on the normal functioning of a community or society, usually resulting in human and material damage and the collapse of socioeconomic infrastructure and essential services, on a scale that surpasses local response capacity. Depending on its duration and extraordinary impact, a disaster can assume the dimension of a catastrophe. 1.1. Emergency A sudden disaster that affects people and property or infrastructure and is of such a nature or scale that it exceeds local response capacity and requires urgent and exceptional short-term measures to minimise its adverse effects and restore normality. 1.2. Vulnerability The extent to which a community, environment, infrastructure, service or geographic area can be damaged or destroyed by the impact of a given disaster. The propensity for vulnerability can vary on a scale from zero to one, or from low to high, depending on a country's level of development and its disaster management system. 2. Disaster Management A set of policy actions, strategies, plans, legal norms and operating programmes aimed at prevention, relief and rehabilitation in the event of disasters, thereby reducing the level of risk and vulnerability. lt is the entire continuous, integrated, multi-sectoral and multidisciplinary process, the core of which is an adequate information and communication system. The functions of disaster management are: a) Planning: Transforming objectives or guiding principies into concrete implementation actions plans; b) Organisation: Grouping sector actions and the formulation of procedures for action in the event of calamities or natural disasters; e) lntegration of resources The mobilisation and allocation of physical, material, human and financial resources for actions that materialise the plan before, during and after the event; d) Direction Leadership of the disaster management process at institutional levei, intersectoral communication and the motivation of the actors involved in disaster management; e) Control and evaluation Verification of the policy objectives or guiding principies and the adjustment of activities in arder to achieve efficient disaster management. 2.1. Prevention Short-term and long-term multí-sectoral measures to protect human life and reduce or mitigate the damage that could be caused by a disaster. Policies, strategies, programmes and legislation to prevent or reduce impact in the event of disasters, with a view to protecting people and property, constitute the core of prevention, that is always of a pro-active, not reactive nature. 2.2. Alert and early warning system They comprise multi-sectoral and multi-disciplinary technical-scientific measures providing clear, multi-form and timely information for people on the imminent occurrence of a natural disaster in a given area and its intensity, in arder to reduce The criteria for decisions on issuing alerts will be certain parameters or criticai leveis, including data on rainfall, river leveis, wind speed, affected areas, among others. 2.3. Disaster mapping The process of identifying the geographical typology of the event based on historical data on specific disaster phenomena that could constitute a threat to people, property, infrastructure and socio-economic activities. lt includes indicators on the frequency, probability of occurrence on various scales of magnitude or duration, and the expected level of risk. 2.4. Risk mapping The geographical presentation of the probable levei of damage expected in a specific area in the event of a given disaster. 2.5. Preparedness Measures taken before the disaster, and the respective legislation and operational plan, training, civic education and financial reserves or stocks of essential relief items. 2.6. Relief A set of measures implemented during and after the disaster aimed at saving life and meeting the immediate needs of the populations and affected areas, rehabilitating and re-building infrastructure and socio-economic activity. 2. 7. Food security A set of short and long-term multi-sectoral programmes to ensure the availability of and access to food of sufficient quantity and quality that, through an adequate food distribution system, an acceptable nutritional status for the affected population is assured. 2.8. Humanitarian assistance Assistance provided in the form of free grants to vulnerable populations affected by disasters. 2.9. Food-for-work Food assistance provided as payment for work by the population, affected or not by the disaster, for their contribution to disaster management programmes and the development of the affected areas. 2.10. Employment creation projects Projects established as a means of distributing incarne by creating jobs for affected or vulnerable people, in arder to improve their ability to cape with future disasters., improve infrastructure, with a community development perspective. 2.11. Monetarisation The transformation of humanitarian in-kind assistance into cash, by selling it and using the revenue to finance and pay for rehabilitation projects in vulnerable areas and for work dane by populations affected and involved in disaster management plans and the development of the affected area. 2.13. Survival mechanisms Strategies developed by communities to cape with problems related to risk and vulnerability to disasters and changes in the environment, without necessarily having to resort to other leveis of intervention. CHAPTER li PRINCIPLES OF THE DISASTER MANAGEMENT POLICY 1. The community in the affected area must have a significant role in planning, programming and implementing disaster management activities, with a view to integrating preventiva with development activities as a way of protecting people and property. 2. The various preventive measures or responses to disaster situations must be assessed and implemented on the basis of the resources mobilised, according to the criteria of the population and property at greatest risk, and the negative effect on the economy. 3. ln all instances, free emergency assistance will be distributed to the most vulnerable populations and under no circumstances will it be provided to people with a normal state of health and nutrition and with purchasing power. 5 4. ln the event of an emergency the focal or reference points for ali actions' at ali leveis will be clearly defined, and the State co-ordination bodies will be provided with adequate powers. 5. The strategy of avoiding the creation of parallel structures will always be followed, thereby ensuring a close connection between emergency activities and multi-sectoral institution building, with a view to maximising scarce resources. 6. The Government will promote the active participation of civil society in ali phases of disaster management. CHAPTER Ili GENERAL AND SPECIFIC OBJECTIVES 1. The general objectives of the Disaster Management Policy are: (a) To avoid loss of human life and destruction of property by natural disasters or by man; (b) To incorporate disaster prevention into the overall national development process; (b) To promote domestic and externa! solidarity in the event of disasters; (c) To guarantee effective co-ordination and participation in disaster management by the public and private sectors; (d) To contribute to the conservation and preservation of the environment; (e) To promote regional or international co-ordination in disaster management, particularly in the case of disasters with causes that originate in neighbouring countries. 2. The specific objectives are: (a) To conceive the legal framework, plan and guidelines for the development of effective disaster management standards; (b) To guarantee implementation of the Policy through the National Disaster Management Plan, Contingency Plans and other related inter-sectoral policy instruments; (c) To prepare and implement plans and procedures consistent with community priorities and objectives that reflect the levei of vulnerability and risk; ( d) The creation and revision of institutions that ensure a harmonious relationship between emergency actions and development; (e) To, promote the implementation of training programmes on disaster management at ali leveis; (f) To ensure that public and private entities and other associations comply with legislation on the safety of their installations and other means of protection against the risk of disasters; ! ' (g) To guarantee that industrial, transport and other activities do not constitute a danger for their workers and the population in general; (h) To propose, through the supervising body, the declaration of emergency situations resulting from localised or widespread disasters, on the basis of socio-economic data on the regions affected and the National Alert System. (i) To mobilise ali the necessary domestic and externa! resources to assist victims and affected areas, when necessary resorting to an Emergency Appeal to national and international solidarity; To assess post-disaster needs, including projects or measures that help strengthen institutional capacity to respond to future disasters. CHAPTERIV STRATEGIES ln arder to achieve the objectives and reduce the levei of risk and vulnerability, the following strategies are adopted: (a) The involvement of civil society in the design of programmes and action plans for prevention, relief and rehabilitation; (b) The integration of preventive actions into sector and development programmes; (c) The preparation of sector plans for each kind of disaster, namely, drought plan, flood plan, cyclone plan, epidemie plan, bush fire plan, storm plan and industrial accident plan; (d) The implementation of programmes oriented towards communities and the promotion of appropriate technology; (e) Civic training and education for populations on the main disaster threats and preventive measures, with the active participation of the media and the use of local languages; (f) Encouragement to adopt risk insurance mechanisms and other preventive or mutual assistance instruments; (g) lnstitutional capacity building with appropriate technical personnel and material resources and equipment for prevention and rescue in the case of disasters; (h) The establishment of financial and material reserves, taking into account the areas most susceptible to specific disasters. CHAPTERV INTER-SECTORAL COMPLEMENTARITY 1. Appropriate measures should be taken in the sectors to guarantee a regular flow of the necessary logistical resources and communication for timely and effective humanitarian assistant to the affected areas; 2. Once an emergency situation has been declared in an area affected by a disaster, administrative measures such as those relating to the payment of fiscal obligations and customs duties, entry visas and others can be suspended in accordance with the law. CHAPTERVI DISASTER MANAGEMENT BODIES These are Government institutions, namely Ministries, lnstitutes and other institutions to be created with specific responsibilities for disaster management, namely: a) The body responsible for proposing. disaster management policies, co-ordinating and supervising their execution; b) The technical inter-sectoral support body for the executive disaster management body; representatives and experts from specialist United Nations agencies, NG0s and public and private entities cam be invited to attend its meetings; c) The body responsible for executing and implementing the directives of the national co-ordinating body, that acts as the Secretariat of the co-ordinating body; d) Local or regional delegations of the executing body can be established. STATUTES OF THE NATIONAL INSTITUTE FOR DISASTER MANAGEMENT CHAPTERI (ON ITS NATURE, OBJECTIVES ANO ATTRIBUTES) ARTICLE 1 1. The National lnstitute for Oisaster Management, hereinafter designated. NIOM, is a public institution with legal personality and administrativa and financial autonomy. 2. The N0M is subordinate to the Ministry of Foreign Affairs and Cooperation. 3. The N0M is governed by the statutes, internai regulations and other legislation applicable to public institutions. ARTICLE 2 (SCOPE ANO REPRESENTATION) The NW carries out its activities throughout the country and has its headquarters in Maputo. lt can create and close delegations throughout the country by decision of the Minister of Foreign Affairs and Cooperation. ARTICLE 3 (OBJECTIVES ANO COMPETENCE) The objective of the N0M is disaster management and the co-ordination of prevention activities, relief to disaster victims and the rehabilitation of affected infrastructure, and it has the following competence: 1. General Aspects a) Public information in the field of disaster management; b) To organise and co-ordinate at national levei the system for gathering, studying and disseminating information for forecasting tendencies or consequences of disaster factors; e) To inform the Attorney General's Office of any illicit acts carried out in the context of prevention, relief and the rehabilitation of infrastructure; d) To provide regular information on its management of funds and grants to donor and/or funding bodies; e) To sign contracts and propose the signing of agreements with governments and aid institutions or donor agencies in its area of activity; f) To promete mutual assistance and the exchange of information with similar international organisations; 2. Specific aspects 2.1. Prevention: a) To co-ordinate relevant multi-sectoral activities in the actions pursued by NIDMI; b) To organise and co-ordinate at national levei the system for gathering, studying and disseminating information for forecasting tendencies or consequences of disaster factors; c) To be responsible for mobilising and organising the management of human, material and financial resources for rapid intervention in the event of disasters; d) To conduct or contract studies that enable it to pursue its institutional objectives more effectively; e) To manage funds allocated by the state and grants by national and foreign entities for dealing with emergency and disaster situations; f) To propose and pronounce on relevant legislation in the disaster management field; g) To promote and co-ordinate the preparation and implementation of training plans and programmes in the disaster management field; h) To encourage national volunteer contributions as a way of ensuring community participation in the implementation of programmes to help communities in vulnerable areas. 2.2. Relief a) To ensure the operatíon of co-ordination centres for prevention and relief operations at central and local levei, with participation by civil society, government entities and the international bodies concerned; b) To guarantee that the management of humanitarian assistance is directed at the target populations and institutions, and to help other entities achieve this objective. 2.3. Rehabilitation a) To mobilise resources for post-disaster rehabilitation activities, ensuring a close linkage between emergency and development; b) To maintain the Co-ordinating Council for Disaster Management informed of rehabilitation activities by the sectors. CHAPTER li (ORGANIC SYSTEM) SECTION 1 ARTICLE4 (ORGAN ISATION) 1 . ln order to perform its functions and tasks, the National lnstitute for Disaster Management is organised in: a) Central Structures b) Local offices 2. The NIDM can have dependent institutions in accordance with applicable legislation. SECTION 2 ARTICLE 5 (BODIES) 1. The bodies of the National lnstitute for Disaster Management are: a) Management b) Board 2. The local offices are deconcentrated executive structures of N0M and can be provincial, regional, district, municipal or other delegations, permanent or otherwise. ARTICLE 6 (COMPOSITION ANO WORK OF THE MANAGEMENT) The NIDM is managed by a Director and Deputy Director, appointed by the Minister of Foreign Affairs and Co-operation. ARTICLE 7 (COMPETENCE OF THE DIRECTOR) The director of the NIDM: a) Directs, plans and supervises all NIDM activities; b) Submits for consideration by higher authoritíes proposals on programmes, work plans, and budgets and prepares the NIDM reports; c) Proposes the adoption or updating of legislation, as well as adherence to or ratification of international conventions; d) Represents N0M within the country and abroad or in international conferences; e) Keeps the Minister of Foreign Affairs and Cooperation regularly informed of the evolution of disaster management, or of disaster forecasts, prevention and preparedness. f) Carries out the responsibilities conferred on him by law and those assigned to him; The NIDM director will be assisted by a Deputy Director. ARTICLE8 (COMPETENCE OF THE DEPUTY DIRECTOR) The Deputy Director of NIDM: a) Under the orientation of the Director, guides and ensures the co-ordination of N0M activities; b) Assists the Director in the performance of his duties; c) Substitutes the NIDM Director when heis absent, with the competence defined by. the Director; d) Supervises the management of the central NIDM structures as determined by the Director; e) Performs other duties delegated or sub-delegated by the Director. SECTION 3 ARTICLE 9 (ORGANIC STRUCTURE) 1. The central structures comprise the following organic units: (a) Planning Department (b) Operations Department (c) Audit and Supervision Department (d) Administration and Finance Department (e) Human Resources Department 2. The organic units listed in Clause 1 of this article have the attributes indicated in Articles 10 to 14. ARTICLE 10 (PLANNING DEPARTMENT) The functions of the planning department are: a) To propose programmes and projects on prevention, humanitarian relief and the rehabilitation of infrastructure; b) To produce and disseminate climatological and information of other kinds relating to disaster management; c) To implement early warning, prevention, mitigation and preparedness systems and propose procedural norms for prevention and updating in the event of an imminent natural disaster; d) To organise and manage a documentation centre anda data bank; e) To propose new regulations in the disaster management field; f) To prepare reports on the activities of the lnstitute. ARTICLE 11 (OPERATIONS DEPARTMENT) The functions of the Operations Department are: a) To maintain a permanent and up-to-date inventory of the logistical resources in the country that can be mobilised in the event of disasters; b) To ensure the implementation of relief action programmes for the population, the protection and rehabilitation of infrastructure and affected areas; c) To propose the contracting of specialist services for humanitarian assistance for affected populations; d) To prepare proposals on distribution plans for grants announced, and prepare t-,e respective implementation reports; e) To support humanitarian assistance operators. ARTICLE 12 (SUPERVISION ANO AUOIT OEPARTMENT) The functions of the Supervision and Audit Oepartment are: a) To supervise and assess effectiveness in the implementation of the various projects and action programmes, whenever necessary proposing corrective measures; b) To carry audit the accounts of projects, programmes and other actions covered by the institution's budgets; e) To submit reports on ongoing operations to the NOM management. ARTICLE 13 (AOMINISTRATION ANO FINANCE OEPARTMENT) 1. The objective of the Administration and Finance Oepartment is to manage the administrativa and financial services of the National lnstitute for Oisaster Management. 2. The Administration and Finance Oepartment has the following functions: a) To guarantee the management of financial resources and assets; b) To prepare the current budget proposals and activity reports in co-ordination with other departments c) To work on daily financial management, the budget execution accounts and the management of other financial resources; d) To keep and updated registar of the property making up the assets of NIOM and ensure its correct management; e) To ensure general correspondence and filing, providing administrativa support to the other departments. ARTICLE 14 (HUMAN RESOURCE OEPARTMENT) 1. ln order to achieve its objectives and in accordance with the attributes assigned by Article 9 of Decree 49192 of 29 November, the Human Resource Department has the following attributes; a) To plan, co-ordinate, control and manage the human resources of NIDM; b) To maintain up-to-date records on the N0M staff complement, ensuring compliance with norms on the selection, hiring and promotion of staff; e) To propose and implement the professional training plan for N0M cadres and workers; d) To carry out orientations on the application of labour legislation in central and dependent bodies. CHAPTER Ili (COLLECTIVE BODIES) ARTICLE 15 The collective bodies of the National lnstitute for Disaster Management are: a) The Board b) The Disaster Management Technical Council ARTICLE 16 (THE BOARD) 1. The Board is a consultative body chaired by the Director with the following composition: a) Director and Deputy Director; b) Heads of Departments 2. The Board meets ordinarily once a, month and extraordinarily whenever the' Director convenes it. 3. Other cadres can be invited to meetings of the Board whenever their participation is considered necessary. ARTICLE 17 (SPECIFIC FUNCTIONS OF THE BOARD) The specific functions of the Board are: a) To consider and submit for approval the current and investment budgets; b) To analyse and give an opinion on the preparation, implementation and control of activity plans; e) To analyse and give an opinion on progress reports on the activities of the lnstitute and budget execution. ARTICLE 18 (COMPETENCE OF THE DISASTER MANAGEMENT TECHNICAL COUNCIL) \, 1. The Disaster Management Technical Council, chaired by the Director of the lnstitute, comprises representatives of the Ministers who are members of the Coordinating Council for Disaster Management and has the following attributes: a) To co-ordinate the sector alert and early warning system on imminent disasters of meteorological, hydrological, and geological origin, including epidemies; b) To define the national alert and early warning system on imminent natural disasters; e) To Propose to the Co-ordinating Council for Disaster Management the declaration of an emergency situation, the regions affected and conduct by citizens and public and private corporate bodies in arder to protect people and property. 2. The Disaster Management Technical Council meets ordinarily four times a year or whenever convened by the Director of the lnstitute. 3. Representatives of the international and academic communities and civil society can be invited to participate in the Disaster Management Technical Council, circumstances to be defined in specific regulations. CHAPTERIV (REVENUE) ARTICLE 19 1. The sources of revenue of the NIDM are following: a) National and international solidarity; b) National emergency fund; e) State budget; d) Grants by foreign entities; e) Fines and fees envisaged in appropriate legislation; f) Other. 2. ln order to guarantee the preparedness of the prevention system, relief for victims and the rehabilitation of infrastructure, the sources contemplated in lines b) and e) will be provided in annual budgets. CHAPTERV (FINAL DISPOSITIONS) ARTICLE 20 1 . NIDM staff are governed by the norms applicable to civil servants and, in its specialist field, by the dispositions of these statutes; 2. Staff subject to the norms of individual contracts and service contracts are exempt from the dispositions of the previous clause. 3. As determined by law, within six months the N0M Director will submit proposals on internai regulations and the staff complement.