Professional Documents
Culture Documents
Law and Regulation for the Reduction of Risk from Natural Disasters
in Angola
A National Law Desk Survey
October 2012
Acknowledgements
This background report was prepared by C. Alexandra Severino with support from Mary Picard, on behalf of the Disaster Law programme, International
Federation of Red Cross and Red Crescent Societies (IFRC), P.O. Box 372, Geneva 19, Switzerland, Tel: +41 22 730 4222, email disaster.law@ifrc.org.
This report is part of the research for a global project on Law & Disaster Risk Reduction being undertaken by the IFRC and the United Nations Development
Programme (UNDP). It may not be reproduced without permission.
1
Law and Regulation for the Reduction of Risk from Natural Disasters in Angola: a Desk Survey
Executive Summary
The legislative and institutional framework regarding Disaster Risk Reduction (DRR) is diverse and is approached by several legal documents.
In fact, there is no standalone legal document for Disaster Management (DM). DRR is mainly addressed by a National Plan of Preparation, Contingency,
Response and Recovering from Calamities and Natural Disasters (NPPCRRCND). Some indirect references and broad allusions to DRR can be found in other
legal documents (Laws, Decrees, and Regulations).
This paper analyzes these legal documents but does not include a study of their effective implementation or application in practice.
If, on one hand, one can say that the NPPCRRCND clearly addresses and sets out the main guidelines for DRR, on the other hand one can also demonstrate
that the other legal documents only mention DRR in very broad and indirect terms. This situation presents, therefore, wide lacunae in legislation concerning
DRR.
In fact, there are no examples of specific laws on concrete natural disasters, such as floods or drought, and the General Law on Water only touches in the
subject en passant.
As for storms, for instance, there is no example of legislative documents on the subject.
The legal and institutional framework in regards to matters that regulate daily life land, telecommunications, urban planning, and construction rules also
presents lacunae, and the vast majority of these does not tackle DRR.
The participation of the communities, the education of the population and responsible entities and the inclusion of DRR in the school curricula is very poorly
addressed.
2
In conclusion, it is clear that the Government acknowledges the need to tackle DRR as contributing for the development of the Country, by reducing the
vulnerability and the impact of natural disasters, by establishing the NPPCRRCND. However, it is not clear that this goal is translated into the available
legislation.
Legislation does not make explicit the fact that DRR is a priority for the Government according to the NPPCRRCND
Laws that regulate daily life matters (water supply, construction, telecommunications, urban planning) only address DRR very broadly
Lack of legislation on specific natural disasters (floods, drought, insect infestations, etc...)
3
This paper and the copies of the legislation are part of a desk-survey on Law and Regulation for the Reduction of Risk from Natural Disasters in Angola.
Hopefully, it will serve as useful, non-exhaustive1guide to late researchers for DRR and DM related issues in Angola.
1
Considering that the research only covered sources available online.
4
List of Abbreviations
5
1) Introduction
This study aims to provide an outline, identification and an analysis of the most relevant laws and regulations for the reduction of risk in natural disaster
scenarios in Angola.
Disaster risk reduction (DDR) is the reducing of risks to disasters through systematic efforts to analyse and mitigate the casual factors of disasters.
Legislation plays an important role in reducing the vulnerability of people and property by contributing to strengthen the institutional basis for DRR.
The legal and institutional framework in regard to DRR offers a large range of matters that go beyond preparation and response to natural disaster
situations. In fact, matters such as safety codes and rules for building, land property, water supply, environmental preoccupations and telecommunications
have implications in DDR. For this reason, it is extremely important that laws dealing with these issues incorporate disaster preparedness and response
concerns.
This study aims to answer the following set questions, organized around the top priorities presented by the Hyogo Framework for Action, 2005-2015:
Ensuring that DRR is a priority both at national and local level, with a strong institutional basis for implementation, including through “policy,
legislative and institutional frameworks”
Identifying, assessing and monitoring disaster risks and enhance early warning
Use knowledge, innovation and education to build a culture of safety and resilience at all levels.
This desk survey attempts to answer the questions mentioned above by using online sources only.
6
Angola does not have a standalone legal document on disaster risk reduction, and there are references to DRR elements in other legal documents that are
mentioned and analyzed throughout the report. This study is focused on the analysis of the legal documents (laws, legislative decrees, executive decrees,
presidential decrees, regulations, decisions) available online.
7
2) Summary of Main Natural Hazards2
Angola is located in the western region of Austral Africa and has a surface of 1.246.700 km2. The extension of the country’s coast line is 1.650 km. About
65% of the territory is located within an altitude ranging from 1000 to 1600 meters. The country presents a peculiar geographic localization: it is situated
both in the inter-tropical and sub –tropical zones of the Southern Hemisphere. The annual temperatures range from 17 to 27 degrees Celsius.
The armed conflict, which has lasted 30 years, caused several human and material losses and deeply affected the social-economic situation. It has also
called the attention of the Government for the need to secure populations and infra-structures in the context of natural disasters, which became a major
priority.
In terms of natural disasters, the country is (regularly) affected by wildfires, storms, floods, landslides, ravines and drought. Less frequently, it is also
affected by earthquakes of lower intensity.
The Government acknowledges that, as in Africa in general and even worldwide, Angola was more exposed to natural disasters in the last decade.
To face all these situations, the Government decided to create the Strategic Plan on Disaster Management (analyzed in the report), and implemented
policies and institutional mechanisms of risk reduction for natural disasters.
The adoption of this Plan shows, at least in principle, a commitment from the Government to tackle natural disaster related issues and to directly address
disaster prevention, response and mitigation.
2
Based in the data provided by the government on the National Strategic Plan on Disaster Management.
8
3) Governmental & Law Making Structure
Following the end of the Colonial War and the Declaration of the Independence, the Constitution of the Republic of Angola was adopted in 1975 (amended
in 2010).
The political regime in Angola is a Presidential system, in which the President is also head of the Government and has legislative powers. The National
Assembly is the representative organ of the People and therefore the supreme organ of the Republic.
The government structure is based on the principle of powers and is divided in three branches:
The legislative power is divided between the National Assembly and the Government, according to their specific attributions/competences. The executive
power includes both the national and local levels of government.
Laws of the National Assembly must be adopted by absolute majority, and the amendments to the Constitution and the Referendums by a qualified
majority (2/3 of the votes). The Government also issues legislation within its areas of competence.
9
2) Presidential Decrees, Presidential Orders, Decrees
10
4) Detailed table of DRR Legislation Based on the Research Questions
11
I. Drought and related famine?......................................................................................................................................................................................... 54
J. Other food security risks? .............................................................................................................................................................................................. 57
Part Three. Early Warning, Hazard Mapping and Risk Information ...................................................................................................................................... 59
A. Early Warning ................................................................................................................................................................................................................. 59
B. Risk identification, assessment and monitoring ............................................................................................................................................................ 63
Part Four. Regulation of the Built Environment ................................................................................................................................................................. 64
A. Building Codes................................................................................................................................................................................................................ 64
B. Land Use Planning Laws ................................................................................................................................................................................................. 71
C. Land tenure .................................................................................................................................................................................................................... 74
E. Urban Water and Flood Management ........................................................................................................................................................................... 83
Part Five. Regulation of the Natural & Rural Environment .................................................................................................................................................... 85
A. Human Risks in Environmental Change ......................................................................................................................................................................... 85
B. Forests ............................................................................................................................................................................................................................ 87
C. Rivers and watercourses ................................................................................................................................................................................................ 89
D. Drought and food security ............................................................................................................................................................................................. 90
4. Information management and exchange, community level DRR education & awareness ................................................................................................... 91
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1. Background information
Using secondary and legal sources, identify and describe briefly in the table below the governmental structure of the subject country to assist readers
understand how the different levels of law and regulation relate to each other.
1. BACKGROUND INFORMATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
Identify laws that indicate the structure of government, including the number of levels of government and the extent of decentralisation of governmental
functions, such as: constitutional framework for different levels of government (e.g. national/provincial/local), and specific laws on decentralisation.
1. How many levels of government are Constitution of the Article There are three levels of Government:
there, and what are they called? How 55
Republic of Angola National
many administrative areas are there
Article Provincial (directly under the central government)
(e.g. provinces, local government of 1975, amended in 145 to
areas)? Local :Municipal (execute the deliberations of the provincial
January 21 of 2010 147 government) and Communal (respond to the Municipalities)
2. Is there a separate law on Law of the National Article 9 Yes. It decentralizes by establishing new institutions:
decentralisation of government Assembly no. 17/10 of
July 29 A Provincial Government
functions? How does it decentralise?
For example, does it establish new A Municipal and a Communal Administration
institutions or delegate powers to
provincial/local government? Article 3
13
1. BACKGROUND INFORMATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
3. Looking at the Constitution and/or Constitution of the Article There is no specific mention to reducing risks related to natural
decentralisation law, is there any 12 disasters, only a general reference to the protection of the
Republic of Angola environment and environmental education.
mention of allocation of
responsibility at the different levels of 1975, amended in
for reducing risks related to natural
disasters? January 21 of 2010
4. Is this country a member of any regional organisation(s) that make(s) Yes. Angola is member of:
regulations or agreements or issues guidelines for member states that could
IDRL Guidelines of IFRC
impact on disaster management or risk reduction? Is so, please name the
organisation(s). Hyogo Framework for Action 2005
14
2. Institutional frameworks, resourcing and community participation in DRR:
The aim is to identify laws that establish the governmental institutions and structures relevant to DRR, and which set out their mandates, and resource
allocation mechanisms, including the extent of involvement of communities and civil society. These may include specialist disaster management institutions,
bodies established to implement the Hyogo Framework for Action, or authorities charged with planning for adaptation to climate change, as well as
government bodies responsible for planning and oversight, public administration at all levels, land use planning, building controls, environmental
management, and telecommunications. However, to avoid repetition, the sectoral institutions are not included in this question but are part of the data
requested in the section on reducing underlying risks.
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
15
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
No. 28/03
6. Is there also a national disaster Presidential Decree This National Strategic Plan defines a policy of active prevention of
management policy? Is this No.103/2011 to disasters by the National Service of Civil Protection (NSCP).
established by a law? Provide establish the National
3
I could not find this legal instrument online.
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2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
details. Strategic Plan for It establishes the coordination and promotion of risk management
Disaster Management as a specific area of action.
Section IV
17
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
7. Is the DM law a national law Presidential Decree Section IV Yes, as a presidential decree it is applicable throughout the
applicable throughout the territory No.103/2011 to territory of Angola.
establish the National Paragraph 1
of the subject country? If so, does it
establish an integrated national Strategic Plan for
system with elements at provincial, Disaster Management
local and/or community level? Section IV
It establishes an integrated national system. In each area of action
A.1/A.2 there are the coordination responsible organs (or institutions), and
also the implementation ones.
A.3/A.4
Provincial and Municipal Commissions are included and considered
A.5
implementation organs.
Section 56
Presidential Decree This decree expressly admits that the National Plan of Preparation,
No.205/10 “Unidade Contingency, Response and Recovering from Calamities and
Orçamental” Natural Disasters and is applicable throughout the territory.
Approval of the National
Plan of Preparation, Point 5
Contingency, Response
and Recovering from
Calamities and Natural
Section It also establishes, explicitly, an integrated national system with
Disasters 2009-2014
the participation of the provincial and municipal levels.
“Módulo de
Contingência e
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2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
Resposta”
Point 2
Presidential Decree
19
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
No.205/10
Approval of the National Yes. The DM policy uses the same implementing institutions from
Plan of Preparation, the DM law.
Contingency, Response
and Recovering from Essentially the NSCP as main responsible for the implementation
Calamities and Natural of the DM policy in coordination with the provincial and the
Disasters 2009-2014 municipal organs/institutions.
11. Does the DM law or other law deal Presidential Decree The national Strategic Plan deals with disaster response, disaster
with: No.103/2011 to preparedness, disaster mitigation and prevention and DDR very
establish the National generally. It does not define DRR.
a) Disaster response?
Strategic Plan for
b) Disaster preparedness? Disaster Management
c) Disaster mitigation and
prevention?
d) Disaster risk reduction (DRR)? Section IV More detail is given to early warning mechanisms.
e) If it includes DRR, how is it A.4
defined? (include definition)
a) Yes, in the Module on “Contingency and Response” and
also in the Module on “Early Recovery”.
b) Yes, also in the Module on “Contingency and Response”.
Presidential Decree c) Yes, in the Module on “Preparation”.
No.205/10 d) Yes, throughout this legal instrument.
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2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
12. Does the DM law (or any other law) Presidential Decree Section IV Yes, their role relates to coordination functions, with the NSCP,
or policy allocate DRR No.103/2011 to and also implementation ones.
responsibilities in one or more establish the National
government ministries? If so, which Strategic Plan for
ministries? Describe their allocated Disaster Management4
roles.
Presidential Decree
Yes.
No.205/10
Ministry of Environment: implementation functions of the national
Approval of the National
and decentralized processes of preparation and coordination
Plan of Preparation,
Contingency, Response Scheme of Ministry of National Defence: implementation of safety and public
and Recovering from Actions and order
Calamities and Natural Responsibilities
Disasters 2009-2014 Ministry of Interior: Coordination of the political level decisions
(last 2 pages)
Ministry of Territorial Administration: Implementation of actions
21
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
13. Does the DM law or policy prescribe Presidential Decree Part III There is a general reference to the mobilization of the civil society
a role in DM institutions for civil No.103/2011 to in order to reduce the conditions of vulnerability of the country.
establish the National B1
society? If so, how defined and
what is the role? At what levels? Strategic Plan for
Disaster Management
a) National?
b) Provincial/state?
The role of the civil society it is essentially defined as a subsidiary
c) Municipal/local? “Module of and complementary role to the NSCP.
Presidential Decree
No.205/10 Contingency
Several references are made to the role of civil society in DM at all
and Response” levels. (Providing shelter and early warning mechanisms,
Approval of the National
-2.1,2.2,2.3 especially)
Plan of Preparation,
Contingency, Response
and Recovering from
Calamities and Natural
Disasters 2009-2014
22
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
what is the role? At what levels? Plan of Preparation, Contingency warning mechanisms in case of potentially affected areas and this
a) National? Contingency, Response and Response” at a national level.
and Recovering from
b) Provincial/state? 4.2.2 C
Calamities and Natural
c) Municipal/local? Disasters 2009-2014
“Module on No specific reference to provincial or municipal levels.
Preparation”
2.3
15. Is there any provision in the DM law Presidential Decree Part III Yes, but in very general terms. It mentions that gender equality
or policy to ensure that women No.103/2011 to shall be considered in the thematic approach of DM, with special
establish the National B8 relevance of the role of women.
have a role and a voice in the DM
institutions? If so, how is this Strategic Plan for
regulated or encouraged by law? At Disaster Management
what levels does the law provide
for women’s participation in DM
institutions?
a) National?
b) Provincial/state?
c) Municipal/local?
16. Does the DM law or policy prescribe Presidential Decree Part III Yes. There are several references throughout the legal document.
a role in DM institutions for No.103/2011 to
establish the National B3 It is mentioned that the responsibilities of local communities shall
communities? If so, how defined
be enforced so they can be able to manage their own conditions of
23
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
and what is the role? Does it specify Strategic Plan for risk.
any mechanisms to ensure a voice Disaster Management5
for all elements of the community a) No.
in DRR, e.g.
a) Women? b) No.
b) Different cultural or ethnic
groups? c) Yes.
Preamble
c) Vulnerable groups, including
children, older persons, persons
There is a general reference to the vulnerable groups as the main
with disabilities?
Part III object of protection of this legal document in the preamble.
d) Socially isolated groups and the
very poorest people? B2 The protection of the vulnerable groups and communities are also
one of the specific objectives of this legal document.
17. Describe the main differences in There are no major differences between the two of them.
the scope of the DM law and the
DM policy concerning prevention
5
http://www.casacivilpr.ao/pt/documentos/4558a5766e0e89a35261fef1ad04c2c832c591a6.pdf
24
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
6
I consulted some newspaper article that announced the inauguration of a Centre for Ecology and Climate Change created by the Angolan Government but I could not find
any mention to its attributions and competences in legislation.
25
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
26
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
this prescribed?
Part Two. Responsibility, accountability and liability for natural disaster risk reduction
The aim is to identify relevant constitutional or other guarantees that may underpin government responsibility, liability and affected persons’ rights to
compensation. These may include rights to: safety /life; not to be discriminated against; protection of livelihoods; health; compensation; and to information
relevant to DRR. One specific issue on the question of liability, is whether governments are liable for failure to prevent natural disasters affecting the
population, including for failure to warn, or for making an erroneous warning. A second, related, issue is whether private individuals are liable for damage
caused to others from their property during natural disasters, or for faulty advice/warnings given. A third element is whether there is any system of
compulsory insurance against the effects of natural disasters.
27
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
housing?
e) Non-discrimination, (and other
relevant civil and political rights)?
f) Livelihoods, Health (and other
economic, social and cultural
rights)?
g) Compensation for losses due to
natural disasters?
h) Information?
26. Do the above constitutional or Constitution of the Article 73 and a) It is both an individual and collective right.
other guarantees give residents any Republic of Angola of 74
personal right of action against the 1975, amended in b) It is not specified.
state if the government breaches January 21 of 2010
these rights? E.g. access to a
constitutional court, or a claim in a Article 196 c) Poorest people are guaranteed access to justice by the
human rights court or tribunal? If State.
so, explain how the law enables this
to occur, and who has the right to d) It is not specified.
make such claims. E.g.
a) Is it an individual or a collective
right?
b) Can claimants represent
themselves?
c) Are there costs that mean the
28
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
28. Are government agencies liable for Constitution of the Article 75 There is no specific law or regulation on natural disaster warnings.
failure to warn or for making an Republic of Angola of There is a general clause of State’s liability (see Q.28), therefore
erroneous warning of natural 1975, amended in depending on the seriousness of the offense civil or criminal
disaster? If so, what kind of responsibility will be applied.
January 21 of 2010
liability? – civil, criminal or both? If
They can be both individual and collective actions.
so, what are the legal mechanisms Articles 73 and
for injured parties to seek redress? 74
Are these individual or collective
actions, or both?
29
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
29. Do government agencies that fail to Constitution of the Article 75 According to the Constitution no, there is no legal immunity for
warn or make an erroneous Republic of Angola of this purposes.
warning have legal immunity? If 1975, amended in
governments have immunity from January 21 of 2010
liability, how extensive is this
and/or how and where in law is it
defined? Does it apply to all levels
of government?
30. Are private persons (individual or No information.
corporate) liable for faulty disaster-
related advice or warnings given?
Does this apply to volunteers? If so,
what kind of liability? – civil,
criminal or both? If so, what are the
legal mechanisms for injured
parties to seek redress? Are these
individual or collective actions, or
both?
31. Are private persons (individual or In principle, general rules of damage caused to others from their
corporate) liable for damage caused property are applicable.
to others from their property
during natural disasters? If so, what
kind of liability? – civil, criminal or
both? If so, what are the legal
mechanisms for injured parties to
30
2. INSTITUTIONAL FRAMEWORKS, RESOURCING AND COMMUNITY PARTICIPATION IN DRR
Legal Research Questions Short Title, no. & date No.ss./ paras. Answers, comments & extracts (please use quotation marks for
all extracts)
of law / regulation
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
31
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
Parts One and Two: Are there laws or regulations relating to preparedness, prevention and/ or risk reduction against the following specific natural hazards
(if relevant)? Such regulations may include some specific laws on rapid-onset disasters – Part One – such as fire regulations and fire service, as well as
building codes (e.g. earthquake, fire, hurricanes/cyclones), land zoning and land use planning regulations (e.g. flood plain exclusions, unstable land) ,
disaster management / civil protection laws, and environmental management laws concerning rivers and forests (flood mitigation, erosion prevention
against landslides and floods). There may be similar or a different range of laws concerning slow-onset disasters such as drought and other food security
issues – Part Two. There may therefore be some overlap with the subsequent sections, but the main aim of Parts One and Two of this section is to identify
which risks have separate regulation in the subject country, and in which laws.
Part One. Rapid-onset disasters, sectoral and specific regulation based on identified risks and community participation
A. Cyclones, tornadoes, or storms?
32
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
33
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
34
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
B. Earthquake/Tsunami?
35
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
36
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
37
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
If so, describe.
49. Does this law attribute liability for No.
damage caused by:
a) failure to warn, or false or faulty
warnings of this risk?
b) failure to take preventive action
including by reducing this risk?
c) If so, who may be liable - or
immune?
d) Is it civil or criminal liability, or
both?
50. Does this law regulate the collection No.
and distribution of information on
hazards and risks (risk mapping) in
relation to this risk? If so, what
authority is responsible and what is
their mandate?
51. Does this law provide for No.
consultation and/or participation
about risk mapping, early warning
or general DRR regarding this risk by
affected or at-risk communities?
How? If so, does it provide for
38
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
39
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
54. Is there a specific law about this Law on Water no. 6/02 Article 29 No.
hazard (i.e. not the main DM law)? If of July 21
Floods are mentioned, notwithstanding, in the Law on water, in
so, describe the form of regulation
general terms:
to reduce the impact of this risk (if
any), and institutional responsibility. It is the responsibility of the State to create and maintain systems to
At what level(s) of government is prevent calamities related to floods and droughts.
this regulated?
The systems of prevention, warning and rescue in the event of
floods are ruled by specific regulations issued by the Government7.
55. Does this law specify how Law on Water no. 6/02 Article 18 There is a reference, in the general Law on water, to the creation of
management of this risk is financed? of July 21 a complementary Fund to foment the development of the water
If so, describe. resources and related environmental protection.
56. Does this law attribute liability for Law on Water no. 6/02 Article 29, This law attributes to the landlords and users of dams the
responsibility to take preventive measures to avoid natural disasters
7
I could not find any example of these regulations.
40
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
damage caused by: of July 21 para. 2 both in the construction phase and exploitation one.
a) failure to warn, or false or faulty
a) No.
warnings of this risk?
b) failure to take preventive action Article 72 b) There is reference to administrative liability for some
including by reducing this risk? situations including the lack of respect for the prohibitions
Article 72
c) If so, who may be liable - or and restrictions set out by this law, or the omission of the
para.1 f)
immune? conditions prescribed by this same law.
d) Is it civil or criminal liability, or It can be read that this law prescribes that landlords and
both?
users of dams take preventive actions to avoid natural
disasters (i.e. floods), so they are obliged to respect this
condictions. In the case they don’t, article 72 para. 1 f) is
applicable.
It is also said that possible civil and criminal liability are not
excluded.
c) See answer to b).
d) No.
41
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
their mandate?
58. Does this law provide for Law on Water no. 6/02 Articles 9, 15 No. But there is a reference to the participation of the community in
consultation and/or participation of July 21 and 16 water related issues. No mention, however, is made in regard to risk
about risk mapping, early warning mapping, early warning or general DDR.
or general DRR regarding this risk by
affected or at-risk communities?
How? If so, does it provide for General reference is ma e regarding the importance of equality of
participation or a voice for all parts Article 10 treatment and opportunity for the participants in water related
of those communities, including: issues, but there is not any specific mention to these specific
a) Women? groups.
b) Different cultural or ethnic
groups?
c) Vulnerable groups, including
children, older persons, persons
with disabilities?
d) Socially isolated groups and the
very poorest people?
59. Does this law provide for Early No.
Warnings Systems (EWS) for this
risk? If so, does it require
community involvement in EWS?
60. If communities are involved in EWS, No.
does this law provide that they:
42
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
43
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
44
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
groups?
c) Vulnerable groups, including
children, older persons, persons
with disabilities?
d) Socially isolated groups and the
very poorest people?
66. Does this law provide for Early No.
Warnings Systems (EWS) for this
risk? If so, does it require
community involvement in EWS?
67. If communities are involved in EWS, No.
does this law provide that they:
a) Assist in the design of local and
community EWS?
b) Establish or maintain EWS?
c) Provide information for the EWS?
d) Have direct and timely access to
relevant warnings and data on
emerging risks (e.g. telephone,
radio or internet access to
meteorological or seismological
data and analysis)?
45
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
46
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
47
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
groups?
c) Vulnerable groups, including
children, older persons, persons
with disabilities?
d) Socially isolated groups and the
very poorest people?
74. Does this law provide for Early No.
Warnings Systems (EWS) for this
risk? If so, does it require
community involvement in EWS?
75. If communities are involved in EWS, No.
does this law provide that they:
a) Assist in the design of local and
community EWS?
b) Establish or maintain EWS?
c) Provide information for the EWS?
d) Have direct and timely access to
relevant warnings and data on
emerging risks (e.g. telephone, radio
or internet access to meteorological
or seismological data and analysis)?
G. Landslides and avalanches?
48
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
49
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
50
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
51
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
If so, describe.
85. Does this law attribute liability for No.
damage caused by:
a) failure to warn, or false or faulty
warnings of this risk?
b) failure to take preventive action
including by reducing this risk?
c) If so, who may be liable - or
immune?
d) Is it civil or criminal liability, or
both?
86. Does this law regulate the collection No.
and distribution of information on
hazards and risks (risk mapping) in
relation to this risk? If so, what
authority is responsible and what is
their mandate?
87. Does this law provide for consultation No.
and/or participation about risk
mapping, Early Warning or general
DRR regarding this risk by affected or
at-risk communities? How? If so, does
it provide for participation or a voice
52
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
53
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
54
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
free.
55
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
56
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
a) Women? groups.
b) Different cultural or ethnic
groups?
c) Vulnerable groups, including
children, older persons, persons
with disabilities?
d) Socially isolated groups and the
very poorest people?
J. Other food security risks?
57
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
58
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paras. extracts)
of law / regulation
with disabilities?
d) Socially isolated groups and the
very poorest people?
Part Three. Early Warning, Hazard Mapping and Risk Information
A. Early Warning
99. In addition to the sectoral laws Yes.
above, is there any general
obligation to establish early
warning systems (EWS) in the Presidential Decree Section III It is considered one of the main objectives and part of the national
disaster management law? No.103/20118 strategy to respect the principle of prevention, meaning that the
a) If so, does this include Objectives risks of disaster shall be considered in advance in order to eliminate
institutional mandates on EWS? and Strategy its causes or at least reduce their consequences.
b) Which institution(s) are involved
and what are their mandates on
EWS? Presidential Decree Module of The National Strategic Plan also establishes the obligation to
c) Is there legal provision for No.205/109 Preparation
8
Presidential Decree No.103/2011 to establish the National Strategic Plan for Disaster Management
9
Presidential Decree No.205/10 Approval of the National Plan of Preparation, Contingency, Response and Recovering from Calamities and Natural Disasters
2009-2014
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paras. extracts)
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Section IV
Presidential Decree Areas of a) Yes the de-centralized Commissions of Civil Protection.
No.103/2011 Action
Presidential Decree Scheme of b) To develop the local warning systems, the NSCP ( at a
No.205/10 actions and coordination level) and the Provincial and the Local
responsibility Commissions.
To develop a municipal system of instruments and
warnings, to capacitate the communities to respond to the
Module of warnings and to establish agreements between the public
Preparation and the private sectors for actions of evacuation and
warning :At a coordination level- the Provincial
2. Early Commissions, commune observers of EWS; At an
Warning and implementation level; the local EWS, local organizations and
60
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of law / regulation
c) No.
100. Does EWS regulation include Presidential Decree Module of Yes. There is a reference to the need of include community
requirements for community No.205/10 Preparation participation (especially the vulnerable ones) so they are prepared
consultation and participation in to act in disaster scenarios.
2. Early
development of EWS? Describe.
Warning and
Alert
101. Does EWS regulation provide for Presidential Decree Module of Yes. The EWS shall be in accordance with local practices to
community-based early warning No.205/10 Preparation guarantee an effective monitoring, alert and warning of the main
data collection? Describe. threats.
2. Early
Warning and
Alert
102. Does EWS regulation provide for Presidential Decree Module of Yes. It is mentioned that the monitoring of the warning systems
timely and reliable access for at-risk No.205/10 Preparation shall be done considering the data of Meteorological Alert Systems
communities to EWS, and considered for each particular situation. The warnings shall be
2. Early made with effective and reliable communication systems.
meteorological or seismological
Warning and
data (as relevant)? Describe.
Alert
61
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
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3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
A. Building Codes
Identify building and construction codes, including fire, flood and earthquake safety, as relevant to identified risks, including any differences in regulation,
such as between large urban construction and small residences in rural villages; building regulations, including approvals, inspection and enforcement; and
any regulation of emergency and transitional shelter, and informal settlements.
108. Is there a national building and Law on Territorial and Article 5 It is the responsibility of the State to promote and guide the policy
construction law? If so, what Urban Planning on the Country Planning.
authority is responsible for its
No. 3/04 of June 25 The communes shall intervene in the territorial planning of their
implementation?
areas of jurisdiction.
64
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
At a political level:
65
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
112. Does this law include mechanisms Decree Article 68 Yes, to all this categories.
for building inspections? If so, which
No. 80/06 of October 30 The responsible authority may organize inspections at all times.
institution(s) have responsibility for
this? Does it apply to: Regulation on Licensing
a) New buildings? Allotment, Urbanization
66
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
Decree
Regulation on Licensing
Allotment, Urbanization
and Construction Works
67
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a) schools?
b) hospitals?
c) fire stations?
d) other public buildings that may
also be required as collective
centres in case of disaster (e.g.
ministries, sports complexes,
churches, mosques etc.)?
115. Do the building regulations or land No.
use planning laws (or other special
laws) include regulation of large
commercial buildings and
developments (such as multi-storey
shopping centres, office buildings
and factories)? Identify & describe.
116. Do the building laws/regulations Executive Decree Articles 45 to Yes.
include large, multi-storey 48
No. 13/07 of February 26
apartment buildings? Identify &
describe. General Regulation on
Urban Buildings
117. Do the building laws/regulations Executive Decree No, they are covered by the general rules on construction.
include small self-built
No. 13/07 of February 26
constructions? Identify & describe.
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3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
General Regulation on
Urban Buildings
118. Do the building laws/regulations Executive Decree No. This law is applicable both to new constructions or any works on
differ as between urban and rural re-constructions, extensions, modifications, reparations or
No. 13/07 of February 26 demolitions in the urban perimeter and the rural areas of
settings? If building
laws/regulations are different in protection. Out of these zones this decree can also be applicable to
General Regulation on
rural settings, what are the main agglomerates of population when the Provincial Governments
Urban Buildings
differences compared with urban decide so.
settings? E.g.
a) the extent of regulation?
b) the level of government at which
it is regulated?
c) other?
119. Do the building/planning No.
laws/regulations include emergency
and transitional shelter? If so, what
form of regulation and which
institution(s) have responsibility for
this?
120. Do the building laws/regulations Decree a) Yes, see Q. 113.
include:
No. 80/06 of October 30 b) No.
a) Inspections?
b) programmes and/or incentives Regulation on Licensing
69
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paras. extracts)
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122. Are there other matters relevant to The aspects relevant to DRR were already mentioned in the Q. 111.
DRR that are regulated in the
building and construction laws of
the subject country?
70
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paras. extracts)
of law / regulation
123. Are there national laws and Law on Territorial and Yes.
statutory authorities with Urban Planning
responsibility for land zoning and/or
No. 3/04 of June 25
land use planning?
124. Is this issue regulated at Law on Territorial and It is regulated both at the state, provincial level and municipal level.
provincial/state or local level? If so, Urban Planning
can you find an example of such a
No. 3/04 of June 25
law at each level? The authorities responsible for the implementation are political,
technical and participatory organs.
At a political level:
Article 43
National Assembly, Government, Inter –ministerial
Commission on Territorial and Urban Planning.
Article 29 At a technical level:
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of law / regulation
125. Does the land use planning and/or Law on Land a) No.
zoning law include processes for: b) Yes. This article classifies the types of urban land and
No. 9/04 of November 9 Article 21
a) Formal release of land for new refers that in order to be dealt as urban land they must be
developments? approved in accordance with the urban plans or
b) Approval of each new urban recognized as so by the competent authorities. (same
development? idea in article 41)
c) Approval of major commercial c)No
developments?
10
I could not find this law online.
11
I could not find an example online.
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3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
74
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
134. Are there institutions mandated to Executive Decree Article a) According to the article 12 the communities have the
survey land and/or register title? right to participate in the land mapping activities.
No. 2/06 of January 23
Does this mandate: b) Not mentioned.
a) require or allow community General Regulation c) Not mentioned.
participation in land mapping or Territorial, Urban and
surveying for the purpose of Rural Plans
establishing titles and/or
occupancy and/or usage rights?
b) establish a timeframe for the
conclusion of land mapping?
c) allocate resources for land
mapping?
135. Does the land title system allow Law on Land Article 42 It is mentioned that all singular persons with Angolan nationality
anyone to purchase or own land, or can purchase land.
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3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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paras. extracts)
of law / regulation
12
Other term used for this word in Portuguese is land titling.
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paras. extracts)
of law / regulation
or case law.
138. Is there legislation or case law that Law on Land Article 6 No.
recognises land tenure as a result of
No. 9/04 of November 9 a) It is mentioned that adverse possession cannot be
occupation, such as:
recognized as a mean of acquiring land tenure from the
a) adverse possession (use and State’s or the rural communities’ private domains.
occupation of land over a certain
b) No information provided.
period of years in the absence of
the legal owner, resulting in a
change of ownership)?
b) ‘squatters’ rights’ (including any
rights to continue inhabiting land
and/or vacant buildings or to be
given notice of eviction if
contested by the legal owner)?
139. If there are parallel systems for Law on Land No. See Q. 138 to acknowledge the only exception made for
recognition of land tenure, such as customary law.
No. 9/04 of November 9
customary law vs. registered
freehold title, does one type of legal
claim take precedence over the
other?
140. Is there any law or legal mechanism Law on Land Article 12 Yes.
that allows government authorities
No. 9/04 of November 9 But the State can only compulsory purchase or requisite land for
to compulsorily purchase or
public purposes only in the cases prescribed by the law, and can
requisition land for public purposes?
77
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paras. extracts)
of law / regulation
If so, do these purposes include: only do that for Public Utility reasons.
a) risk reduction from natural
a) Not mentioned. But these can be considered reason of
disasters?
Public Utility.
b) land to be kept for evacuation or
emergency or transitional b) Not mentioned. But These can be considered reason of
shelter? Public Utility.
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general disputes.
a) see Q 27.
b) No information.
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of law / regulation
this financed?
d) If mandated, is there a process for
eviction? E.g. notice periods,
dispute resolution through land
tribunals?
e) Are there any other protections
for the human rights and
livelihoods of residents who are
evicted or relocated?
143. Is there a law that mandates No.
recognition and/ or regularization of
slums / informal settlements?
a) If so, describe the legal regime for
regularization, including the
responsible institutions.
b) Does regularization include the
introduction of building codes?
Are these mandatory and
binding?
c) Does regularization include the
construction of public
infrastructure? If so, how is this
financed?
d) Does this law authorise or
81
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
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of law / regulation
See Q. 148
147. If there is a national water Presidential -Decree Yes, the Ministry of Energy and Water. This Ministry has two
authority, does its mandate include executive organs in what concern water management:
No. 77/10
risk reduction or preparedness for
National Direction of Water Supply and Sanitation (NDWSS)
safeguarding the water supply in of May 24
the face of natural disasters? National Direction of Water Resources (NDWR)
Organic Statute of the
Ministry of Energy and
It is considered one of the attributions of the NDWR to establish the
83
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of law / regulation
84
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paras. extracts)
of law / regulation
85
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paras. extracts)
of law / regulation
and livestock?
152. Does this law provide for Law Article 16 Yes.
environmental impact assessments
No. 5/98 of June 29 Article 16 prescribes that the EIAs are always mandatory for actions
(EIAs) of any proposed new private
that might have implications in the environmental and social
and public industrial developments? Basic Law on balance.
Environment
153. If there are EIAs, do the criteria Decree Article 9 This article prescribes that the EIA must respect the principles and
include: objectives of the Basic Law on Environment:
NO. 51/04 of July 23
a) human risk factors from changes A non-technical summary of the project
to the environment, including life About the Environmental
Descriptions of the activities to develop
and health as well as livelihoods Impact Assessment (EIA)
and food security? General description of the environmental situation of the
local where the activity is going to take place
b) assessment in light of the known
natural hazards affecting the A summary of the opinions and critiques collected in public
relevant locality, or downstream surveys
communities (where relevant)? Description of the possible environmental and social
changes brought by the action
Descriptions of the possible actions to undertake to
minimize the negative social and environmental effects
Indication of the systems for the control and evaluation of
the action
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of law / regulation
13
I could not find the number of the law, but in this website http://www.padoca.org/pag/lei-seg.htm is referred as Decree No.00/07 of April 30.
87
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
156. Does the above mandate include Decree Article 37 a) The government shall approve plans
forest management from the of prevention and action against
No. 00/07 of April 30 Article 36
perspective of natural disaster risk wildfires.
reduction, such as: Preliminary Draft of the b) The Government must undertake
a) prevention of wildfires? Law on Forests, Wild reforestation measures namely to
b) deforestation and erosion Fauna and Areas of Land the recuperation of areas subjected
relevant to prevention of Conservation to erosion and in sensitive sectors
landslides and floods? of river basins.
c) other hazards, (such as c) Not mentioned.
encroachment by wildlife into
agricultural land or villages)?
It is prescribed that the Government shall adopt plans to respond to
d) Describe the scope.
situations of emergency to tackle situations that might cause harm
Article 28 to the forest and wild fauna that threat the ecosystems (especially
the wildfires).
157. Does the law recognize customary Decree Article 11 Yes. The landowners, in rural communities - see Q 138., have
laws and practices as to the use and collective rights (based on customary laws) of administration of
No. 00/07 of April 30 forests and wild fauna in their lands (with respect by this law).
management of forests and their
resources? Preliminary Draft of the
Law on Forests, Wild
Fauna and Areas of Land
Conservation
88
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
89
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
90
3. EARLY WARNING AND REDUCTION OF UNDERLYING RISK FACTORS THROUGH REGULATION
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
4. Information management and exchange, community level DRR education & awareness
Most elements of information, education and awareness will normally be done through policy rather than law, but the legal framework may require public
institutions to make DRR information available to the public and/or to carry out public and school education and awareness on reducing risk from natural
disasters. For example, there could be a Ministerial directive under the Education Act requiring the inclusion of DRR in the school curriculum. [If this requires
repetition of information given above, please note ‘see above’ and refer to the relevant question number.]
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
91
4. INFORMATION MANAGEMENT AND EXCHANGE, COMMUINITY LEVEL EDUCATION & AWARENESS
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
92
4. INFORMATION MANAGEMENT AND EXCHANGE, COMMUINITY LEVEL EDUCATION & AWARENESS
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
168. Does the education law or Could not find the education law.
regulations require inclusion of DRR
Presidential Decree Section This legal instrument refers the importance of the incorporation of the
awareness in the school curriculum?
No.103/2011 to establish IV Areas school curriculum of DDR awareness and for the population in general.
Does this law or another law such as
the National Strategic of
the DM law also require community
Plan for Disaster Action
DRR education?
Management
93
4. INFORMATION MANAGEMENT AND EXCHANGE, COMMUINITY LEVEL EDUCATION & AWARENESS
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
169. If there is a national disaster Presidential Decree It is mentioned, generally, that the promotion of the information of
management policy, does this No.205/10 the population via actions of awareness with the aim of preparing
require any public authorities to them to auto-protect themselves (within the structures of response to
Approval of the National disasters of the Plan) is one of the main objectives and strategies.
conduct public education and
Plan of Preparation,
awareness on DRR?
Contingency, Response
a) If so, which authorities and what and Recovering from
are they required to do? Calamities and Natural See Q. 169.
b) In particular does it require DRR Disasters 2009-2014
education in schools?
170. If the above law or the national Presidential Decree See Q.170.
disaster management policy requires No.205/10
Community participation, not explicitly mentioned.
public education, does this provide
Approval of the National
for community level DRR awareness?
Plan of Preparation,
If so, does this make any provision
Contingency, Response
for community participation in the See Q.169.
and Recovering from
development and delivery of public
Calamities and Natural
education and awareness
Disasters 2009-2014
campaigns?
94
4. INFORMATION MANAGEMENT AND EXCHANGE, COMMUINITY LEVEL EDUCATION & AWARENESS
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
171. Does legislation provide for any No. But the actions of the Red Cross are only generally mentioned in
designated role for the Red Cross or this legal instrument. For more details see Q 14.
Red Crescent National Society as an
auxiliary to government in DRR
education and awareness at
community level?
172. Does legislation provide for any No. The role of Civil Society is only generally mentioned in this legal
designated role for Civil Society in instrument, see Q. 13.
DRR education and awareness at
community level?
95
4. INFORMATION MANAGEMENT AND EXCHANGE, COMMUINITY LEVEL EDUCATION & AWARENESS
Legal Research Questions Short Title, no. & date No.ss./ Answers, comments & extracts (please use quotation marks for all
paras. extracts)
of law / regulation
173. Does any law provide for community- Presidential Decree a) Very broadly mentioned in these legal instruments.
level results in DRR, such as: No.103/2011 to establish
b) No.
the National Strategic
a) Natural disaster warnings that c) See Q. 132 and 135.
Plan for Disaster
extend to community level?
Management d) No.
b) Implementation of incentives to
carry out community based DRR,
or disincentives to ignore or
increase risks from natural Presidential Decree
disasters? No.205/10
c) Community involvement in land- Approval of the National
use and urban planning? Plan of Preparation,
d) Community involvement in and Contingency, Response
education concerning building and Recovering from
codes? Calamities and Natural
Disasters 2009-2014
96
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102