PROCESS MANAGEMENT DISASTER RISK

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Comment:

Anyone who thinks his/her rights are violated by the state can bring the case to the courts, whether individually or collectively. The claimants can represent themselves. There are costs of lawsuit (e.g. lawyer’s fee), but the poor claimants can access to the civil legal aid provided by Japan Legal Support Center.

As mentioned above, only when the ‘failure to warn’ or ‘erroneous warning’ occurs as a result of intentional or negligent conducts of a public officer, government agencies are liable in civil case. The injured parties can seek redress by the court process, for claim on state compensation. The actions can be individual, collective or both. No immunity. Private persons are liable for faulty disaster-related advice or warnings, and this applies to volunteers. When a case meets crime-constituting conditions, the case can be criminal; otherwise civil. The injured parties can seek redress by the court process, for claim on damages in torts.

United States of America

Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended by Public Law 106-390, United States Code, Title 42. The Public Health and Welfare Chapter 68. Disaster Relief (USA, 2000).[pic 5]

42 U.S.C. 68 § 5121(b) describes the purpose of the chapter on disaster relief as: revising and broadening the scope of existing disaster relief programs; encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; achieving greater coordination and responsiveness of disaster preparedness and relief programs; encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; and providing Federal assistance programs for both public and private losses sustained in disasters”

Comment:

United States is a federation where DRM is a state and local government responsibility. Therefore, even though their vast territories have high exposure to natural hazards, they do not necessarily need an elaborate national structure, particularly if emergency management is handled well at the state level, and local governments generally manage underlying risks through regulated development planning. Federal mechanisms can then be reserved for matters such as DRR funding incentives, disaster compensation, and emergency management for very large scale natural events.

In United States, the national government has limited powers in DRR, but federal funding programmes are available to states and local governments for disaster resilience and disaster mitigation and preparedness. Also, in the United States, federal expenditure on DRR (mitigation) is channeled through the general budget of the Federal Emergency Management Agency (FEMA), although it also runs specific mitigation funds.

National Laws

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Creating Law the National System for Disaster Risk Management (SINAGERD)

LAW N° 29664

- Article 6.- Components and processes of the National Policy on Disaster Risk Management

6.1 The National Policy on Disaster Risk Management is established on the basis of the following components:

- Prospective management: The set of actions that is planned and implemented in order to avoid and prevent the formation of future risk that could arise with the development of new investments and projects in the territory.

- Corrective Management: The set of actions those are planned and implemented in order to correct or mitigate the existing risk.

- Reactive management: The set of actions and measures to cope with disasters either imminent danger or the risk materializes.

6.2 The implementation of the National Policy on Disaster Risk Management is achieved through planning, organizing, directing and controlling the activities and actions related to the following processes:

- Risk Estimate: Actions and procedures performed to generate awareness of the dangers or threats analyze vulnerability and establish risk levels to enable decision making in Disaster Risk Management.

- Prevention and risk reduction: Actions that aim to prevent the generation of new risks in society and to reduce vulnerabilities and risks in the context of sustainable development management.[pic 7]

- Preparedness, response and rehabilitation: Actions that are performed in order to ensure an optimal response of society disaster, ensuring appropriate and timely care of people affected and the rehabilitation of essential basic services, allowing standardization activities in the area affected by the disaster.

- Reconstruction: Actions that are performed to establish sustainable development conditions in affected areas, reducing the risk prior to the disaster and ensuring the physical, economic and social recovery of affected communities.

Comment:

The article 6, numeral 6.1 regulate the National Policy on Risk Management Disaster sets the following components: The Prospective Management, Corrective Management and Reactive Management; whose purposes are identify and reduce the risks associated with hazards or minimize their effects and avoid generating new risks, preparedness and response in case of disasters. Also, in this article, its numeral 6.2, comprise the different activities that citizens can realize in a disaster through apply some activities such as organization, or planning, for take conscience and obtain a prevention culture for prevent any natural disaster and save lives.

Supreme Decree N° 048-2011- PCM, which approves the Regulation of Law N° 29664, which established the National Management System Disaster Risk (SINAGERD)

TITLE IV

PROCESS MANAGEMENT DISASTER RISK

- Article 23.- Risk Estimation

The risk estimation process includes the actions and procedures performed for generate awareness of the dangers or threats, analyze vulnerability and establish risk levels to enable decision making in Disaster Risk Management.

Comment: