African Law Archive -

FEDERAL NEGARIT GAZETA

OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

1^st Year No. 10 ADDIS ABABA - 24^th August, 1995

CONTENTS

Proclamation No. 10/1995

Disaster Prevention and Preparedness Commission Establishment Proclamation

PROCLAMATION NO. 10/1995

A PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF THE DISASTER PREVENTION AND PREPAREDNESS COMMISSION

WHEREAS, it is found necessary to establish the Disaster Prevention and Preparedness Commission;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

1. Short Title

This Proclamation may be cited as the "Disaster Prevention and Preparedness Commission Establishment Proclamation No. 10/1995."

2. Definitions

In this Proclamation:

1) "Disaster" means the development of a situation wherein a segment of the community or the population of a locality cannot any longer meet the need for food and other basic necessities, due to natural or man-made calamities, with its daily life thus falling into crisis which renders it unable to survive without assistance from others;

2) "Assistance" includes comprehensive measures taken to prevent the coming in future, of a disaster area under a similar situation, in addition to meeting the need of the victims of disaster for food and other basic necessities of life;

3) "Assistance Programme" includes the supply and distribution of food and other materials necessary for a living, the availability of clean rinking-water, support in health and nutrients, support extended to the elderly and the disabled, the prevention of destruction to rural wealth such as animals, support for the development of supplementary economic activities besides agriculture, the rehabilitation of the environment, other developmental activities that help combat drought and measures relating to schemes which create job opportunities in connection with assistance.

3. Establishment

1) The disaster Prevention and Preparedness Commission (hereinafter referred to as the "Commission") is hereby established as an autonomous public institution of the Federal Government.

2) The Commission shall be accountable to the Council of Ministers.

4. Head Office

The head office of the Commission shall be in Addis Ababa.

5. Objective

The Commission shall have the following objectives:

1) to prevent disasters by way of removing the basic causes thereof;

2) to build, in advance, the capacity necessary to alleviate the extent of damages that could be caused by disasters;

3) to ensure the timely arrival of necessary assistance to victims of disaster.

6. Powers and Duties of the Commission

The commission shall have the following powers and duties:

1) to prepare a disaster prevention and preparedness national policy; formulate strategy for its application; and, upon approval, follow up its implementation;

2) to formulate strategies for future disaster prevention by way of studying previous disaster areas;

3) to administer the National disaster Prevention and Preparedness Fund and the National Food Reserve;

4) in cooperation with the concerned organs, to undertake prior studies on the causes of disaster; set up systems for advance warning;

5) in cooperation with the concerned organs, to make known the magnitude and extent of a disaster together with measures that should be taken in connection therewith; officially declare any relevant part of the country a disaster area;

6) in accordance with directives issued to it by the government, request for and receive any form of assistance from domestic and foreign sources;

7) to register all forms of assistance received from domestic and foreign sources and cause the distribution of same to the People being helped;

8) to inform the public through the mass media of the type, volume and utilization of assistance received from domestic and foreign sources;

9) in cooperation with the appropriate organs, to rehabilitate victims of disaster;

10) to coordinate and supervise relief activities of non-governmental aid organizations;

11) to own property, enter into contracts, sue and be sued in its own name;

12) to carry out such other activities as would enhance the attainment of its objectives.

7. Organization of the Commission

The commission shall have:

1) a Disaster Prevention and Preparedness National Committee (hereinafter the "Committee");

2) a Commissioner and Deputy commissioner appointed by the Government; and

3) the necessary staff.

8. Members of the Committee

The Committee shall have the following members:

1) an Official to be designated by the Government………………………………… Chairman

2) the Minister of Agriculture………………………………………………………. Member

3) the Head of the Regional Affairs Sector in the Office of the Prime Minister…… Member

4) the Minister of Finance…………………………………………………………... Member

5) the Minister of Health……………………………………………………………. Member

6) the Minister of Defence………………………………………………………….. Member

7) the Minister of Economic Development and Cooperation………………………. Member

8) the Minister of Public Works and Urban Development…………………………. Member

9) the Commissioner of the Commission…………………………………………… Member

9. Meetings of the Committee

1) The committee shall hold a regular meeting twice annually; however, it may at any time hold an extraordinary meeting, whenever found necessary.

2) There shall be a quorum where the majority of the members of the Committee are present at its meetings.

3) Decisions of the Committee shall be passed by a majority vote; in case of a tie the Chairman shall have a casting vote.

4) Without prejudice to the other provisions of this Article, the Committee may draw up its own roles of procedure.

10. Powers and Duties of the Committee

The committee shall have the following powers and duties:

1) to deliberate upon the national policy for disaster prevention and preparedness; ensure its implementation on being approved;

2) to decide on the official declaration of a disaster area;

3) to cause the allocation of expenditure for assistance to be made subject to evaluation of assistance programmes;

4) to make assistance programmes have their emphasis on removal of the basic causes of disaster and on lending input to a continuous economic development;

5) to see to it that disaster prevention programmes receive due attention in development activities.

11. Powers and Duties of the Commissioner

1) The commissioner shall be the chief executive of the Commission and, as such, shall direct and administer the activities of the commission.

2) Without limiting the generality stated in sub-Article (1) of this Article, the Commissioner shall:

(a) exercise the powers and duties of the Commission specified in Article 6 of this Proclamation;

(b) employ and administer employees of the commission in accordance with the Federal civil service laws;

(d) effect expenditure in accordance with the approved budget and work programme of the Commission;

(e) represent the Commission in all its dealings with third parties;

(f) submit reports on the activities of the Commission.

3) The commissioner may delegate part of his powers and duties to the other officials and employees of the Commission to the extent necessary for the efficiency of the Commission.

12. Budget

The budget of the Commission shall be allocated by the Government.

13. Books of Accounts

1) The commission shall keep complete and accurate books of accounts.

2) The commission's books of accounts and financial documents shall be audited annually by the Auditor general or by auditors designated by him.

14. Repeal

The Relief and Rehabilitation Commission Establishment Proclamation No. 173/1979 (as amended) is hereby repealed.

15. Transfer of Rights and Obligations

The rights and obligations of the Relief and Rehabilitation Commission, previously established under Proclamation No. 173/1979, are hereby transferred to the Commission.

16. Effective Date

This Proclamation shall enter into force as of the 24^thday of August, 1995.

Done at Addis Ababa, this 24^thday of August, 1995.

NEGASO GIDADA (DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA