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Disaster Law

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Sandi K Weber (Collett)
BSAD 3200
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December 6, 2013

Philippines and Natural Disaster Policy

In 2021 the Philippines moved from 14th on the UN’s Global Climate Risk Index to 7th. In 2012, the country was among the top three countries affected by natural disasters. The December 2012 storm alone displaced over 6.2 million people and caused nearly $1.7 million in damages. Through proactive legislation and policies, the Philippines has managed to sustain the lowest loss of the top ten countries in GDP at only .29%. The most influential policy regulating natural disaster response is the Republican Act 10121 (Disaster Risk Reduction and Management/DRRM Act). Preceding the DRRM Act, Presidential Decree 1566 established disaster coordinating councils that established links to government and civic organizations in order to mobilize resources to provide support during disasters. The National Disaster Coordinating Council or NDCC makes policies and coordinate efforts regarding disasters throughout the public and private sectors. Along with policies, laws and regulations have been implemented to curb death and property damage during natural disasters. These most effective include (Asian Disaster Reduction Center): * The Subdivision Law, which regulates land developments for housing and commercial use; * The Building Code, which prescribes all pertinent requirements and standards for building structures; * The Environmental Policy Law, which protects natural endowments that serve as protection from erosion, strong winds and floods; * The Fire Code, which provides for fire prevention and protection measures; * The Watersheds Law, which provides for the preservation of natural watersheds and allowances for public easement in seas, rivers and lakes.

The DRRM Act was enacted in 2010. It requires Disaster Risk Reduction and Management Councils in every national, regional, provincial, city, municipality, and barangay (village) to be established, replacing the NDCC. It mandates that policies, plans, and implementation regarding natural disaster response, reduction, management, and risk assessment be taken on my each of the DRRMCs. Citizens are to educated and made aware of precautions and procedures, lessening their vulnerability. Weather forecasting and geological services are to be continually developed. The costs and effects of the natural disaster need to be mitigated to fullest extent possible. Councils are to coordinate with one another and outside programs in order to achieve these goals. Additionally, maximum care and regard for human rights is to be considered in all actions. The President may impose a price ceiling on basic necessities and prime commodities under the recommendation of a DRRMC with prices being monitored by the Local Price Coordination Council. National funds are to be reprogrammed to repair public infrastructure and facilities. No interest loans issued by the government are to be made available to the most severely affected populations. Taxes and tariffs are to be suspended on relief supplies brought into the country. The DRRM Act also prohibits such actions as obtaining relief supplies and reselling them and avoiding duty of care which leads to more destruction or loss of life. Violation of any of the provisions is prosecutable and can result in to fines up to Five Hundred Thousand Pesos (P500, 000.00) and up to 12 years in prison. Afterwards, your right to hold public office is revoked. The officer(s) of Corporations and other such entities found to be in violation will be responsible for the penalties. The DRRM Act is supported by such global policies as the Food Convention. Countries are primarily obligated to care for the needs of their own citizens. Once those needs are met, they have an obligation to provide food assistance for vulnerable populations. The food is to be made available via a grant, without expectation of repayment, and associated costs are to be minimized. In the United Nations Resolution 66/119, the UN has committed to help support and strengthen the coordination of humanitarian assistance. The International Law commission has drafted policy regarding providing protection to displaced people due to a natural disaster. Due to the Philippines high rate of natural disasters, they have had to become a leader in policies providing provisions for dealing with the aftermath of destruction. They have addressed the need for community members to be organized and structured in their approach. Greater care is taken in implementing such policies when citizens are responsible for their community’s wellbeing. Human rights and protection for displaced persons has been implemented as well. Funds and support is desperately needed from outside a devastated area. Relationships have been established with Global entities, allowing for collaboration and maximizing rebuilding efforts. By establishing penalties for not abiding by the policy, there is more motivation to comply. The Philippines has also taken measures to address factors that affect GDP, therein minimalizing the economic losses. They provide a working and developing model for other countries with similar needs.

Personal Experience In working with charter schools during the past two months, I have t=come to see the importance of having a natural disaster plan in place. I am currently helping two startup schools who have yet to open. Some of the most pressing concerns involve policies regarding natural disaster procedure and insurance covering such occurrences. The state has implemented deadlines wherein these things must be in place nearly a year prior to the first day of school. The goal is to protect the monetary interest of the state (taxpayers), the staff, and the students. If a school were to face something as devastating as an earth quake, the staff needs to be have a plan of what to do in order to provide the best possible protection to those students. Something relatively minor such as a water leak is also benefitted because efforts can be implemented more quickly when there is an established procedure. With the Philippines policy, relationships are established ahead of time with service organizations in order to coordinate assistance when it is needed. If companies had an established relationship with those who did repair work prior to a disaster, the likelihood of diminishing response time and costs are higher. I also see the necessity of some form of government regulation mandating that these kind of things prepared and placed into effect prior to an incident. All businesses are concerned with operating costs and this may be an area where foregoing plans and necessary insurance could save money.

Appendix
Table 1 (Kreft and Eckstein)

Table 2 Top 10 Natural Disasters in Philippinesfor the period 1900 to 2013 sorted by numbers of total affected people: | | | Disaster | Date | No. Total Affected | | | Storm | 12/4/2012 | 6246664 | | | Storm | 11/12/1990 | 6159569 | | | Storm | 9/24/2009 | 4901763 | | | Storm | 6/21/2008 | 4785460 | | | Storm | 9/29/2009 | 4478491 | | | Flood | 8/6/2012 | 4451725 | | | Storm | 10/21/1998 | 3902424 | | | Storm | 9/27/2006 | 3842406 | | | Storm | 11/20/1973 | 3400024 | | | Storm | 10/21/1988 | 3250208 | | | | | | | | Source: "EM-DAT: The OFDA/CRED International Disaster Database | www.em-dat.net - Université Catholique de Louvain - Brussels - Belgium" |
Table 3 Top 10 Natural Disasters inPhilippines for the period 1900 to 2013 sorted by economic damage costs: | Disaster | Date | Damage (000 US$) | Storm | 12/4/2012 | 1692961 | Flood | 2/18/2013 | 1680000 | Flood | 9/4/1995 | 700300 | Storm | 9/29/2009 | 585379 | Storm | 12/11/1990 | 388500 | Earthquake (seismic activity) | 7/16/1990 | 369600 | Storm | 9/24/2011 | 344173 | Storm | 6/21/2008 | 284694 | Storm | 10/18/2010 | 275745 | Storm | 11/3/1995 | 244000 | | | | Source: "EM-DAT: The OFDA/CRED International Disaster Database | www.em-dat.net - Université Catholique de Louvain - Brussels - Belgium" |

References
Asian Disaster Reduction Center. Philippines: NATURAL DISASTER REDUCTION: NATIONAL RESPONSE AND INTERNATIONAL COOPERATION. n.d. Asian Disaster Reduction Center. November 2013. <http://www.adrc.asia>.
Gould, Charles M. "The Right to Housing Recover After Natural Disaster." Harvard Human Rights Journal 22.169 (2009): 20694 Words. Web. <http://www.lexisnexis.com.hal.weber.edu:2200/lnacui2api/delivery/rwBibiographicDelegate.do>.
IFRC. International Federation of Red Cross and Red Crescent Societies. n.d. November 2013. <http://www.irfc.org>.
Kreft , Sönke and David Eckstein. "German Watch." November 2013. Ed. Birgit Kolboske, Daniela Baum and Gerold Kier. November 2013. <https://germanwatch.org/en/download/8551.pdf‎>.
Philippines National Disaster Risk Reduction and Management Council. n.d. <http://www.ndrrmc.gov.ph/>.
The International Disaster Database. n.d. November 2013. <http://www.emdat.be>.

--------------------------------------------
[ 1 ]. Refer to Table 1 located in the Appendix
[ 2 ]. Refer to Tables 2 and 3 located in the Appendix

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