Legal tool for accountable disaster management
5 April 2013, 18:00 PM
UPDATED
5 April 2013, 21:15 PM
The Disaster Management Act was approved by the Parliament on September 2012 with a view to creating a legislative tool under which disaster and emergency management can be undertaken with accountability. It has created mandatory obligations and responsibilities for ministries, committees and appointments to ensure transparency in the overall disaster management system. The objectives of the Act are: substantial reduction of the overall risks of disasters to an acceptable level with appropriate risk reduction interventions, effective implementation of post disaster rehabilitation and recovery measures, emergency humanitarian assistance to the most vulnerable community people, strengthening institutional capacity for effective coordination of disaster management involving government and non-government organizations and, and establishing a disaster management system capable of dealing with all existing hazards.
The approach of the Disaster Management Act is to promote a comprehensive disaster management program upholding an all-hazard, all-risk and all-sector approach where risk reduction as a core element of disaster management has equal emphasis with emergency response management with greater focus on equitable and sustainable development.
Globally, Bangladesh is recognised as a country with high poverty and disaster vulnerability and as a consistent performer in disaster management. Despite that, Bangladesh had to wait more than two decades to get the DM Act approved.
After the approval of DM Act on September 2012 in the Parliament, there has been significant progress in terms of institutional reform in the last few months. National Disaster Management Council headed by the Prime Minister has been formed with an aim of implementing the overall objective of the DM Act and to guide the concerned authority in formulating the disaster management policy and planning.
In order to reform the institutional arrangement of disaster management, the government has reorganized Ministry of Disaster Management and Relief; the Directorate of Relief and Rehabilitation has been transformed into the Department of Disaster Management with a more robust and wider role focusing on comprehensive disaster management, and made responsible for implementation of the National Disaster Management related policies and plans at all levels.
Despite the achievement made so far there is much more to be done immediately as far as efficient disaster risk reduction and emergency response at national and local levels is concerned. The most important way forward is effective implementation and dissemination of awareness about DM Act with proper training and orientation at local level. To achieve this, the department of disaster management has been undertaking several training and orientation programmes in corporation with national and international organizations. Continuous training and orientation will be arranged for the Disaster Management Committees at union, upazila and district level for their better understanding.
Bangladesh got National Disaster Management Plan approved long before the approval of DM Act, therefore this plan needs to be revised and redesigned based on the DM Act to provide the overall guideline for the relevant sectors and disaster management committees. Additionally, some hazard specific management plans, such as flood management plan, cyclone and storm surge as well as tsunami management plans, earthquake management plans, etc. need to be undertaken.
A National Disaster Management Research and Training Institute needs to be created with the objective of undertaking different research initiatives regarding the impact of disaster and climate change and to increase the capacity of disaster management system itself. The government may also sign agreements with foreign countries, national and international institutions to undertake disaster management related research programmes, exchange information and use space-based technologies.
According to the Act, a national disaster response coordination group should be formed for effective and smooth running of response after catastrophe. National Volunteer Corps has to be established with the existing volunteers of Cyclone Preparedness Programme and urban volunteers by the Department of Fire Service and Civil Defence in order to ensure fast response in pre, during and post disaster scenarios. The disaster management fund needs to be constituted both at national and district levels from own resources as well as contributions from home and abroad and any other legal sources including personal contribution from the elites and rich
people.
There is a specified guideline in the Act regarding declaration of emergency at any disaster affected area which needs to be disseminated at the local level because the local disaster management committees have been given the provision of recommending to the Deputy Commissioner for declaring the emergency for a particular disaster affected area. The president is the sole authority for declaring the emergency based on the situation and recommendation from Deputy Commissioner. The DM Act has also a provision for rewarding individuals and organisations for their contribution in post disaster emergency management.
Rules are to be formulated to determine the process of requisition of assets, services, vehicles and buildings as required and also for the specified offences, such as, creation of obstacles in delivering services in disaster management activities, violation of government orders relevant to media and coordination groups, baseless statements and claims, misappropriation of resources, false allegation, intentional price hike of essential items in the disaster affected area, creation of obstacles in water flow for personal benefit such as creating salinity and flood, making illegal holes in the embankments etc, disobedience of emergency directives to the mass media and others, failure to discharge the duty by government staff and misuse of position etc.
Since independence, Bangladesh has been proactive in formulating so many policy frameworks like Standing Order on Disaster, Bangladesh National Building Code etc, but in many cases, our successes are not commendable in implementing the policy frameworks. Bangladesh was first to envisage the DM Act among the south Asian countries in mid 90s but it took over 20 years to get the DM Act enacted. Many countries like India and Sri Lanka took Bangladesh as an example and endorsed DM Act and SoD quite earlier. We should take this into account and give proper attention in terms of implementation of
the Act.
The writer works with Islamic Relief Bangladesh on Climate and Disaster Resilience. She can be reached at niger.dilnahar@islamicrelief-bd.org
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