law no 602
LAW OF NOVEMBER 14, 2014
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has Sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
RISK MANAGEMENT ACT
TITLE I GENERAL PROVISIONS
CHAPTER I OBJECT, AMBITO DE APPLICATION,
FUNDAMENTAL PRINCIPLES AND DEFINITIONS Article 1. (OBJECT). This Law is intended to regulate the institutional and competitive framework for the
risk management that includes risk reduction through prevention, mitigation and recovery; and/or disaster management. emergencies through preparedness, alert, response and rehabilitation to disaster risks caused by natural, socio-natural, technological and anthropolic threats, as well as social, economic, physical and environmental vulnerabilities.
Article 2. (PURPOSE). This Law aims to define and strengthen the state intervention for risk management, prioritizing the protection of life and developing the culture of prevention with the participation of all actors and sectors involved.
Article 3. (COMPETITIVE FRAMEWORK). This Law is based on the powers defined in Paragraph I of Article 100 of Law No 031 of 19 July 2010,?The Law Framework of Autonomy and Decentralization Andrés Ibanez?, and other current regulations on the subject.
Article 4. (AMBITO OF APPLICATION). This Law applies to entities at the central level of the State, autonomous territorial entities, public institutions, private entities and natural and/or legal persons, who intervene or relate to risk management.
Article 5. (PRINCIPLES). The principles that govern this Law are: 1. Priority in Protection. All persons living and living in the national territory have priority in
the protection of life, physical integrity and health in the face of the socio-productive infrastructure and goods, disaster risks caused by natural, socio-natural, technological and anthropolic threats, as well as social, economic, physical and environmental vulnerabilities.
2. Integrality. Risk management should be developed from a vision that involves cross-sectoral, territorial and intercultural coordination and articulation.
3. Mandatory Competition and Support. All persons, organizations and entities whose competition is requested, must provide the required cooperation according to their possibilities. Support in assistance and salvage tasks are mandatory.
4. Subsidiarity. When the technical and resource capacities of one or more autonomous territorial entities are exceeded, support and support mechanisms must be generated, from the highest level in scale to the central level of the Status.
5. Permanent Action. Risk management is a continuous activity in which people and institutions must continue to carry out preventive actions, applying the rules that are dictated to the effect, the knowledge, experiences and information for risk management.
6. Access and Dissemination of Information. People have the right to inform and public entities the obligation to inform the population about the possibilities of risks and the occurrence of disasters and/or emergencies, as well as the actions that run.
7. Priority Attention to Vulnerable Populations. Attention to disasters and/or emergencies should be preferential for pregnant women, girls, children, older adults, persons in disabling disease, and people with different abilities.
8. Culture of Prevention. The culture of prevention is the rational, permanent and generalized behavior of society, characterized by the usual practice of collective advance and systematic action to try to prevent disasters from occurring or otherwise. to mitigate its effects, in addition to reducing vulnerabilities.
Article 6. (DEFINITIONS). For the purposes of this Law: 1. Threat. It is the probability that an event of natural, partner-natural or anthropic origin, will be realized and
will produce in a given time or in a certain region. 2. First Response. These are operational actions in the initial moments when situations of
disaster and/or emergency are presented, such as: evacuation, rescue and rescue. 3. Vulnerability. It is the propensity or susceptibility of communities, groups, families and individuals to suffer
damages or losses linked to threats. 4. Risk. It is the estimated magnitude of loss of life, injured persons, affected properties, environment
damaged and paralyzed economic activities, goods and services affected in a given location, and during a given period of exposure for a particular threat and the conditions of vulnerability of the sectors and the threatened population.
5. Risk Management. It is the process of planning, implementing, monitoring and evaluating policies, plans, programs, projects and permanent actions for the reduction of the risk factors of disaster in the society and systems of life of Mother Earth; also includes the management of disaster and/or emergency situations, for the later recovery, rehabilitation and reconstruction, with the purpose of contributing to the safety, well-being and quality of life of people and development integral.
CHAPTER II INSTITUTIONAL FRAMEWORK
SECTION I SYSTEM NATIONAL RISK REDUCTION
AND DISASTER AND/OR EMERGENCY CARE-SISRADE
Article 7. (NATIONAL SYSTEM FOR REDUCTION OF RISKS AND ATTENTION TO DISASTERS AND/OR EMERGENCIES).
I. It is the set of entities of the central level of the State and the autonomous territorial entities in the field of their competences and attributions, the social organizations, the natural and legal persons, public and private that interact In a coordinated and articulate manner, through processes and procedures for the achievement of the object of this Law.
II. The components, functions and functions of the National System of Risk Reduction and Disaster and Emergency Care-SISRADE, will be established in the regulations of this Law.
Article 8. (STRUCTURE OF THE NATIONAL SYSTEM FOR DISASTER AND DISASTER RISK REDUCTION AND/OR EMERGENCIES). The National System for Risk Reduction and Disaster and/or Emergency Care-SISRADE, is structured:
a) In the territorial scope by: 1. The National Council for Risk Reduction and Disaster and/or Emergency Care-
CONARADE, as the top instance of decision and coordination. 2. The departmental committees for Risk Reduction and Disaster Care-CODERADE, in
coordination with the Municipal Committees for Risk Reduction and Disaster Care-COMURADE.
3. The Municipal Committees for Risk Reduction and Disaster Care-COMURADE. b) At institutional level by:
1. Institutions at the central level of the State and the autonomous territorial entities, in the field of their competencies and attributions.
2. Bolivian Armed Forces and Police according to their competencies. 3. Technical-scientific institutions and universities. 4. Search, rescue and rescue groups, forest brigades, and other volunteer response teams
immediate to disasters and/or emergencies. c) In the social scope by: 1. Social and community organizations.
2. Natural and legal persons in private law.
Article 9. (CONFORMATION OF THE NATIONAL COUNCIL FOR THE REDUCTION OF RISKS AND ATTENTION OF DISASTERS AND/OR EMERGENCIES-CONARADE). I. The National Council for Risk Reduction and Disaster and Emergency Care-CONARADE, will be
chaired by the President of the Plurinational State of Bolivia and will be made up of: a) Minister of Defense, who may chair the Council by delegation of the President or the President.
b) Minister or Minister of Development Planning or Deputy Minister or Deputy Minister-designate. (c) Minister or Minister for the Environment and Water or Deputy Minister or Deputy Minister-designate. (d) Minister or Minister of Public Works and Housing or Deputy Minister or Deputy Minister-designate. (e) Minister or Minister of Health or Deputy Minister or Deputy Minister-designate. f) Minister or Minister of Rural Development and Land or Deputy Minister or Deputy Minister-designate.
II. The National Council for Risk Reduction and Disaster and/or Emergency Care-CONARADE, according to the nature and effects of the emergency and/or disaster, may convene other Ministries or Ministers of State.
III. The National Council for Risk Reduction and Disaster and/or Emergency Care-CONARADE, will establish an instance of interterritorial coordination and coordination made up of representatives of the departmental reduction committees. Disaster Risk and Attention-CODERADES and Municipal Committees for Risk Reduction and Disaster Care-COMMITTEES.
IV. The National Council for Risk Reduction and Disaster and Emergency Care-CONARADE, may convene public and private institutions, social and community organizations, linked to risk management.
V. The National Council for Risk Reduction and Disaster and/or Emergency Care-CONARADE, will implement the decisions through a Technical Secretariat in charge of the Vice-Ministry of Civil Defense according to this Law and its regulations.
Article 10. (POWERS OF THE NATIONAL COUNCIL FOR THE REDUCTION OF RISKS AND ATTENTION TO DISASTERS AND/OR EMERGENCIES-CONARADE). The National Council for Risk Reduction and Disaster and Emergency Care-CONARADE has the following powers:
a) Propose policies and strategies, general and specific on risk management. b) Call for ordinary or extraordinary meetings for risk management issues. c) Recommend to the President or the President of the Plurinational State of Bolivia, the declaration of situations
of disasters and/or emergencies at national level. d) Generate and approve mechanisms for the use of resources from the Risk Reduction Fund and
Disaster and/or Emergency Care-FORADE. e) Give guidelines for the harmonised, integrated and articulated operation of the information systems that
are part of the SISRADE. f) Coordinate actions and provide guidelines for rehabilitation, recovery, and reconstruction processes.
Article 11. (NATIONAL EMERGENCY OPERATIONS COMMITTEE). I. The National Emergency Operations Committee-COEN, under the direction and general coordination of the Vice-Ministry of
Defense, is the body that organizes and articulates the sectoral technical tables made up of institutions public and private related to disaster and/or emergency care and recovery.
II. The functions of the National Emergency Operations Committee-COEN and the sectoral technical tables will be established in the regulations of this Law.
Article 12. (DEPARTMENTAL COMMITTEE FOR RISK REDUCTION AND DISASTER CARE-CODERADE AND MUNICIPAL DISASTER RISK REDUCTION AND DISASTER RELIEF COMMITTEE-COMURADE).
I. The departmental and municipal committees for Risk Reduction and Disaster Management are the departments of the departmental and municipal levels of the State, who are responsible for coordinating, promoting and recommending risk management actions within the State. its territorial scope, within the framework of the State Comprehensive Planning System and the sectoral strategic guidelines. II. The structure, composition and functions of the departmental and municipal committees for Risk Reduction and Disaster Management, will be regulated by departmental and municipal regulations, respectively, in the framework of this Law and its
III. The Technical Secretariat of the departmental and municipal committees for Risk Reduction and Disaster Care, will fall to the functional area or organizational unit of risk management of the autonomous departmental governments and governments. municipal self-employed according to their competencies.
Article 13. (DEPARTMENT OF EMERGENCY OPERATIONS DEPARTMENT-COED AND COMMITTEE FOR MUNICIPAL EMERGENCY OPERATIONS-COEM). I. These are the bodies formed by public institutions, private institutions and social organizations at departmental level and
respectively, linked to the attention of disasters and/or emergencies and recovery. II. The Department of Departmental Emergency Operations-COED and the Emergency Operations Committee
Municipal-COEM, will be conformed, activated and led by the autonomous departmental and municipal governments across their areas. functional or organizational risk management units in coordination with the Vice Ministry of Civil Defense.
SECTION II AUTHORITY OF STATE CENTRAL LEVEL ENTITIES
Article 14. (TEMPORALITY). For the application of this Law, the following temporality is established: a) Short term, comprising the period of up to one (1) year for the planning and execution of studies,
strategies and management actions risks. (b) Medium term, comprising a period greater than one (1) year and less than five (5) years. c) Long term, comprising a period equal to or greater than five (5) years, for the planning and execution of
studies, strategies and risk management actions. Article 15. (RESPONSIBILITIES FOR RISK MANAGEMENT). Risk management
requires a comprehensive and complementary intervention of the Executive Body at the central level of the State and will be in charge of the Ministries of Defense and Development Planning, with the following responsibilities:
a) The Ministry of Defense, is responsible for defining policies, strategies and coordinating and implementing risk management actions in the short term, relating to the scope of its jurisdiction in accordance with the provisions of this Law.
b) The Ministry of Development Planning is responsible for defining planning policies and strategies for risk management, in the medium and long term in the framework of comprehensive planning, territorial planning and public investment, in accordance with the provisions of this Law.
Article 16. (RESPONSIBILITIES OF THE MINISTRY OF DEVELOPMENT PLANNING). The Ministry of Development Planning, in its capacity as the rector of the overall planning of the State, in the field of risk management, has the following powers:
a) Incorporate risk management in the comprehensive planning of medium-and long-term national development as a cross-sectional component, which governs the fields, sector and territory, public investment and management territorial for risk reduction.
b) Develop regulations for introduce risk reduction in development and public investment projects.
c) Develop guidelines for the development of recovery programmes, their implementation and financing with the relevant ministries.
d) Coordinate with the Ministry of Economy and Public Finance, and other ministries involved, the pipeline of technical and financial cooperation for risk management.
e) Consolidate and integrate information on risk management, generated and managed by the Vice-Ministry of Civil Defense, with the information generated and managed by different ministries, autonomous territorial entities and other institutions, through the comprehensive planning of the State.
f) In coordination with the Ministry of Defense and the Ministry of the Interior sector, establish guidelines and guidelines that allow risk assessment in sectoral projects at the central level of the State.
Article 17. (POWERS OF THE MINISTRY OF DEFENCE). The Ministry of Defence, in the field of risk management, has the following powers: a) Plan, organize, control and execute short-term risk management actions in coordination with the
ministries, autonomous territorial entities and other public entities and private institutions, national and
b) Propose policies and strategies for risk management to the Ministry of Development Planning, for incorporation into the planning and public investment processes.
c) Generate, systematize, analyze and manage risk management information, which should be shared with the information system of the State Comprehensive Planning System.
d) Execute the decisions of the National Council for Risk Reduction and Disaster and/or Emergency Care-CONARADE.
e) Exercise and lead the Technical Secretariat of the National Council for Risk Reduction and Disaster and/or Emergency Care-CONARADE, through the Vice-Ministry of Civil Defense.
f) Conforming, activating and leading the Committee of National Emergency Operations-COEN through the Vice Ministry of Civil Defense.
g) Coordinate with the Ministries of Economy and Public Finance, and Development Planning, the channeling of technical and financial cooperation, for the development of programs and projects in risk management.
h) Organize and coordinate the search, rescue and rescue groups of the Armed Forces, volunteer and fire groups, in disaster and/or emergency situations.
i) Coordinate with the departmental and municipal committees of Emergency Operations. (j) Report on non-perceived risks, such as radiation, pollution and others, to the territorial entities
. (k) Promote the identification and knowledge of risk in the sectoral and territorial areas. l) In coordination with the Ministry of Development Planning and the Ministry of Industry, establish
guidelines and guidelines for assessing risk in sectoral projects at the central level of the State guidelines, guidelines and coordination of actions for contingency prevention and preparedness,
disaster care, emergencies and early recovery for implementation in the sectorial and territorial areas.
guidelines for training and training in risk management for your implementation in the sectorial and territorial domains.
Article 18. (OBLIGATIONS OF PUBLIC INSTITUTIONS IN THE FIELD OF RISK MANAGEMENT). Ministries and public institutions in the field of risk management should: a) Incorporate risk management in the development plans, territorial planning plans and plans
sector, be these at the national, departmental, regional, municipal or indigenous peasant origin level, as appropriate, introducing mandatory and preferential measures, actions and resources for risk management, with emphasis, in the reduction of risks through prevention, mitigation, recovery and reconstruction, in the framework of strategic guidelines and guidelines formulated by the Ministry of Planning Development, as the governing body of the State's comprehensive planning.
b) Propose and promote risk transfer mechanisms, such as insurance and others, aimed at minimizing the effects of any losses in the sectors
c) To incorporate the risk assessment into their public investment projects according to guidelines and instruments established by the Rector.
d) The Ministry of Health must establish guidelines, guidelines and protocols for risk assessment in health and medical care in the face of disasters and/or emergencies, in coordination with institutions specialized in health at national, departmental and municipal levels.
e) The Ministry of Education must incorporate into the curriculum of the Plurinational Educational System, risk management. It shall also consider the effects of risks on educational management.
f) The Ministry of Environment and Water, in the field of risk management, shall: 1. Incorporate risk management in the assessment and control instruments of environmental quality.
2. To promote the inclusion of risk management within the criteria and instruments of implementation of integrated water resources management and sanitation.
3. Incorporate preventive measures for the containment of forest fires.
4. Through the Plurinational Authority of Mother Earth, to integrate climate change as a transversal component of risk management of different sectors and territorial levels, in accordance with Law No. 300 of October 15, 2012,?The Framework Law of Mother Earth and Integral Development to Live Well?.
g) The ministries of strategic sectors should incorporate risk assessment and ensure compliance with express rules, this Law and its regulations.
Article 19. (RIGHTS AND OBLIGATIONS). I. They are the rights of individuals:
a) Receive timely and effective information on the probability of occurrence of natural, natural, anthropic and technological natural disasters, and on the appropriate means of prevention, mitigation, preparation, alert, response, rehabilitation and recovery.
b) Participate in activities that comprise risk management. c) Receive from the State timely attention to the presence of an adverse phenomenon.
II. These are the obligations of persons: a) Meet all standards issued by the State on the use of urban and rural land, technical standards of
urbanism and risk management. b) Meet the protocols established by the competent disaster management authority and/or
emergencies. c) Provide collaboration with disaster and/or emergency care actions.
TITLE II RISK MANAGEMENT
CHAPTER I PLANNING AND RISK MANAGEMENT
Article 20. (RISK MANAGEMENT IN COMPREHENSIVE PLANNING). I. The State at all levels must incorporate in comprehensive planning, risk management as a cross-axis,
with mandatory and preferred character, and provide guidelines, actions and resources for this end in their plans, programs and projects.
II. The central level of the State and the autonomous territorial entities, according to their powers and responsibilities, have the responsibility to develop the Development Plans and Plans of Territorial planning, as appropriate, in the framework of the guidelines strategic and guidelines formulated by the Ministry of Development Planning, as the governing body of the State's Integral Planning.
Article 21. (RISK MANAGEMENT IN THE TERRITORIAL ORDER). From the guidelines issued by the central level of the State:
a) Autonomous territorial entities, within the framework of their competencies, must incorporate basic parameters of identification, evaluation, measurement and zoning of areas with degrees of vulnerability and/or risk, with the purpose of issuing norms of prohibition of human settlements and social economic activity in these areas, the objective being to protect the life, livelihoods and urban and/or rural infrastructure.
b) In the areas At the risk that they currently have human settlements, the autonomous territorial entities according to their competences, must establish measures of prevention and mitigation, for this effect they will carry out specialized studies of whose results will depend on the decision to consolidate the human settlement or, if necessary, to relocate in order to protect life.
c) The autonomous territorial entities within the framework of their powers will issue rules for the prohibition of occupation for human settlement purposes, equipment in areas of risk that threaten security and integrity and for the transfer of risks, housing construction, construction of commercial and industrial establishments and others. The site of infrastructure works will be subject to the recommendations made by the specialized studies.
CHAPTER II SCOPE OF RISK MANAGEMENT
Article 22. (RISK MANAGEMENT). I. For the purposes of this Law, risk management is the set of multi-sectoral strategies and actions,
aimed at reducing risk through prevention, mitigation and recovery; and/or disaster management. emergencies through alert, preparedness, response and rehabilitation to natural, partner-natural, technological and anthropolic threats, as well as social, economic, physical and environmental vulnerabilities.
II. risks is initiated by identification, knowledge, analysis, evaluation, determination of the risks and forecast of trends in events, threats and vulnerabilities, which will be carried out in their full range and includes: a) Risk reduction through prevention, mitigation and recovery encompasses:
1. Prevention, involves strategic comprehensive planning, operational programming and policy design, instruments and mechanisms to avoid potential risks, as appropriate.
2. Mitigation, implies strategic and operational planning, as appropriate, and the realization of infrastructure works, the protection of productive systems and ecosystems, diversification of production for the generation of income, relocation of human settlements, among others, to reduce potential and existing risks.
3. Recoveryis intended to restore normal living conditions through the rehabilitation, repair or reconstruction of the affected area, disrupted or damaged goods and services, and restoration and restoration. boosting the economic and social development of the community, under an approach that avoids the reproduction of pre-existing risk conditions.
b) Disaster and/or emergency care through preparedness, alert, response, and rehabilitation covers: 1. The preparation, involves organizing and forecasting measures and actions for the attention of disasters and/or
emergencies by the central level of the State and the autonomous territorial entities as appropriate, through an operational planning programmatic that includes actions and resources for execution by the different sectors.
2. The alert and declaratory, is the state of declared situation that involves adopting preventive and preparatory actions, due to the probable and near occurrence of an adverse event, a disaster and/or emergency. The central level of the State and the autonomous territorial entities shall declare the types of alert according to this Law and its regulations.
3. The response, implies the immediate reaction for the timely attention of the population to an adverse event in order to save lives and decrease losses. The central level of the State and the autonomous territorial entities, as appropriate, will carry out humanitarian actions.
4. Rehabilitation, involves immediate actions to replace basic services, road access and the restoration of livelihoods, as well as, the start of repair of damage, resulting from a disaster and/or emergency situation. It is performed in parallel and/or after the response by the central level of the State and the autonomous territorial entities as appropriate, after the assessment of the disaster and/or emergency.
III. The autonomous regional authorities may use the central level of the State and specialised technical institutions to provide technical support and guidance for the development of specific analyses and studies. risk assessment, risk maps, event prediction, and others.
IV. Disaster and/or emergency care has effects on risk reduction, and are integrated through strategic and operational planning.
Article 23. (KNOWLEDGE AND ANCESTRAL PRACTICES IN RISK MANAGEMENT). The central level of the State and the autonomous territorial entities must identify, evaluate, systematize, revalue and apply ancestral knowledge and practices in the management of risks, in conjunction with indigenous peoples originating from peasants, intercultural and Afro-olivian communities, in the framework of the worldview of them and respecting their natural territorial structures.
Article 24. (CLIMATE CHANGE IN RISK MANAGEMENT). The central level of the State and the autonomous territorial entities will incorporate climate change in risk management, to contribute to the increase of resilience and the reduction of vulnerabilities, according to the law established in the Law No 300 of 15 October 2012,?Mother Earth's Framework Law and Integral Development to Live Well?, this Law and its regulations. TITLE III
BUDGET FORECASTS AND FINANCING FOR RISK MANAGEMENT
CHAPTER I BUDGET FORECASTS
Article 25. (PROGRAMMING OF RESOURCES). I. The central level entities of the State will provide, in their annual operational programmes and budgets, the resources
necessary for risk management, as set out in their sectoral development plans. II. The autonomous territorial entities, will provide in their annual operating programs and budgets, the resources
necessary for risk management, as established in their development plans, emergency plans and plans of contingency.
Article 26. (LINKING TO NATIONAL SYSTEMS). The development plans of the autonomous departmental, municipal and indigenous peasant governments, as well as the sectoral plans, should be linked with the State Development Investment and Financing System-SEIFD and existing systems of public management, in order to ensure resources for risk management plans and programs.
Article 27. (MECHANISMS FOR RISK TRANSFER). The central level of the State and the autonomous territorial entities, may design mechanisms to transfer the risks through insurance and others, intended to cover losses and damages resulting from situations of disasters and/or emergencies.
CHAPTER II FUND FOR RISK REDUCTION AND
DISASTER CARE-FORADE Article 28. (CONSTITUTION OF THE FUND FOR RISK REDUCTION AND ATTENTION
DISASTERS-FORADE). I. The Ministry of Defense is authorized to constitute the trust?Fund for Risk Reduction and Care of
Disasters and/or Emergencies? -FORADE, with the aim of capturing and managing resources to finance risk management, at the national, departmental, municipal and indigenous indigenous autonomy levels within the framework of this Law and in accordance with regulations.
II. The trust will not be able to grant or contract credits. III. The trust's resource allocations will be authorized after technical evaluation of the National Council of
Disaster Risk Reduction-CONARADE. IV. The trust's resource allocations will not be reimbursable. V. The trust's resource executing entities must be accountable to the trust of the execution of the resources
in accordance with regulation. VI. In order to ensure the sustainability of the trust, the resources of the autonomous patrimony, can be invested
by the trustee under principles of security and liquidity. VII. The management of the trust's resources will be subject to at least one annual external audit. VIII. The expenses necessary for the administration of the trust will be covered by the income of the trust. IX. The necessary aspects for the constitution and administration of the trust, will be established through Decree
Supreme. Article 29. (FINANCING OF THE DISASTER RELIEF AND DISASTER FUND-FORADE). The trust will have the following sources of financing: a) Zero point fifteen percent (0.15%) of the total consolidated State General Budget of expenditures,
approved for each fiscal management, with funding body 111- National Treasury; whose resources will be used primarily as a counterpart for risk management actions.
b) Monetizable donations. (c) Appropriations. (d) specific multilateral or bilateral cooperation resources for risk management. e) Resources generated by the trust. f) Other sources of financing.
Article 30. (NON-MONETIZABLE DONATIONS). I. Non-monetizable donations that are granted to central government entities, involved in the management of
risks and to autonomous territorial entities in cases of disasters and/or emergencies, must be registered in their respective budgets according to current regulations.
II. All non-monetizable donations for disaster and/or emergency care will be reported to the Ministry of Defense's Vice-Ministry of Civil Defense. agreement to the regulation of this Law.
Article 31. (ADMINISTRATION OF THE TRUST ' S RESOURCES). The Trust's Autonomous Heritage, will be administered in two (2) funds:
a) Equity Fund, made up of one hundred percent (100%) of the resources outlined in Article 29 of this Law, as well as their returns, for Risk Management. From the totality of these resources, in function of a technical analysis, CONARADE will have to establish in a specific regulation, the beneficiaries and the percentages destined to the Reduction of Risks and to the Attention of Disaster and/or Emergencies.
b) Exclusive Fund, to be defined by express standard of the central level of the State, intended exclusively for the Attention of Disasters and/or Emergencies, throughout the territory of the Plurinational State.
CHAPTER III EXCEPTION TO EMERGENCIES AND/OR DISASTERS
Article 32. (BUDGETARY MODIFICATIONS). The declaration of disasters and/or emergencies allows public entities at all levels of the State responsible for their care to make budgetary changes and transfers between budget, according to the existing regulations and the specific regulations established by the Ministry of Economy and Public Finance. Article 33. (PROCUREMENT OF GOODS AND SERVICES).
I. Once the declaration of National Disaster and/or Emergency, departmental, municipal and indigenous peasant origin has been issued, in accordance with the provisions of this Law and its regulations, the entities are empowered to perform the procurement of goods and services under the Disaster and/or Emergency Contracting Mode established in the current regulations.
II. The procurement of goods and services in disaster and/or emergency situations, must be geared to the immediate and timely attention of the affected populations and sectors.
Article 34. (DURATION OF THE EMERGENCY SYSTEM IN DISASTER AND/OR EMERGENCY SITUATIONS). I. Declared the disaster and/or emergency situation, the exception regime set forth in this
Act and will last for a maximum period of nine (9) months. II. The return to normalcy of the declared disaster and/or emergency situation implies the conclusion of the
exception, according to the rules of this Law. TITLE IV
DISASTER AND/OR EMERGENCY SITUATION CHAPTER I
ALERT STATES Article 35. (ALERTS).
I. Alerts are situations or states of surveillance and monitoring of probable threats against existing vulnerability conditions, prior to the occurrence of disasters and/or emergencies that are declared for the purpose of activating protocols laid out in emergency and contingency plans and other mechanisms; inform the population about possible risks; activate prevention protocols; and prepare for possible disasters and/or emergencies.
II. The types of alerts differ according to the occurrence proximity of the event, the magnitude and impact of likely damage and loss that can generate disaster and/or emergency situations.
Article 36. (THREAT TYPES). The alert classification differs according to occurrence proximity, event magnitude, and probable damage and loss, considering among other types of threats:
a) Meteorologic. They have origin in the atmosphere and are manifested, among others, as hailstones, thunderstorms, heat or cold waves, extreme temperatures, frost, moderate to strong precipitation, precipitation deficit, strong winds and tornadoes.
b) Climatological. They are related to the specific conditions of a certain climate and its variations over time, this type of threat produces droughts, snowmelt melting, increase in the level of water mass and others. They are also events of ocean-atmospheric interaction.
c) Hydrological. They are processes or phenomena of hydrological origin; they belong to these types of threats, the floods and the overflows of rivers, lakes, lagoons and others.
d) Geological. They are terrestrial processes of tectonic, volcanic and structural origin. They belong to these types of threats, earthquakes, volcanic activity and emissions, landslides, falls, sinks, repitations, avalanches, surface collapses, liquefaction, expansive soils, and others.
e) Biological. They are of organic origin, including exposure to pathogenic microorganisms, toxins and bioactive substances that can cause death, disease or other health impacts. They belong to these types of threats, outbreaks of epidemic diseases such as dengue, malaria, chagas, flu, cholera, infections of plants or animals, insects or other pests and infections, poisonings and others.
f) Anthropogenics. They are of human origin and directly or indirectly affect a medium. They include a wide range of threats, such as, the different forms of pollution, fires, explosions, spills of toxic substances, accidents in transport systems, social conflicts and others.
g) Technology. They are of technological or industrial origin that can cause death, injury, illness or other health impacts, as well as damage to property, loss of livelihoods and services, social or economic disruption, damage environmental. These are industrial pollution, nuclear radiation, toxic waste, structural collapses, transport accidents, factory explosions, fires, chemical spills and others.
Article 37. (ALERT CLASSIFICATION). I. The alerts, according to the proximity of occurrence or magnitude of the adverse events that are foreseeable and likely to generate
situations of disasters and/or emergencies related to vulnerable elements, are classified in: a) Green Alert. When the adverse event has not yet occurred and is considered a normal situation. Before
alerts of this kind the various ministries and the agencies responsible for the attention to disasters and/or emergencies, as well as the autonomous departmental and municipal governments, will carry out, among others: activities of maintenance, repair of infrastructure and equipment; they will permanently train staff for response purposes. They will also conduct awareness and information campaigns for the population in risk management.
b) Yellow Alert. When the proximity of the occurrence of an adverse event is in the initial phase of development or evolution. In response to alerts of this class at each territorial level, the Emergency Operations Committees-COE should be convened to evaluate the possible effects of the events. The different ministries and agencies responsible for disaster and/or emergency care, as well as the autonomous departmental and municipal governments; they will have to review and adapt when necessary their Emergency Plans and Contingencies of According to the methodologies and protocols established, according to their competencies in the framework of the regulation of this Law.
c) Orange Alert. When it is anticipated that the adverse event will occur and its development may affect the population, livelihoods, production systems, accessibility to basic services and others. In this class of alerts, communication and dissemination mechanisms should be activated for populations susceptible to be affected by potential or latent risks and protocols to be followed in case of disaster and/or disaster situations. emergencies. The members of the Emergency Operations Committees-COE at the different levels, shall operativize in an initial and foresighted manner, the resources and personnel provided for in its annual operational planning and institutional budget, necessary for attention according to regular procedures.
d) Red Alert. When the presence of the adverse event has been confirmed and because of its magnitude or intensity it can affect and cause damage to the population, livelihoods, production systems, accessibility, basic services and others. In this type of alert, the Emergency Operations Committees-COE at different levels should be activated and the contingency plans implemented and recommended to the different authorities responsible for the declaration of disasters and/or emergencies, immediately consider the relevance of the emergency declaration.
II. The alert declaratory allows the risk scenarios to be established to perform preventive and preparatory actions and does not imply necessarily the emergency declaration.
III. The criteria Technical for the determination of alerts will be defined in the regulation of this Law. IV. The autonomous territorial entities in the framework of the technical criteria established in the present regulation
Law, will establish parameters for the determination of the alerts, in the framework of their characteristics and realities.
Article 38. (RESPONSIBLE FOR THE REPORTING OF ALERTS). I. Those responsible for declaring alerts are:
1. At the national level, the Ministry of Defense through the Vice Ministry of Civil Defense, through its Early Warning System, in coordination with the Monitoring and Sectoral Alert Systems.
2. At the departmental level, the autonomous departmental governments, through their own Alert Systems.
3. At the municipal level, municipal autonomous governments, by means of their own Alert Systems. 4. The governments of indigenous indigenous peoples will develop their "Alert Systems" of
agreement to the integral management that they historically have of their territories and the ancestral knowledge about the habitat they occupy.
II. The Alert Systems of the autonomous territorial entities, will be articulated with the National Alert System in charge of the Vice Ministry of Civil Defense; this will be able to advise and provide technical assistance to them to conform and consolidate their Early Warning Systems and coordinate their needs alert declaration when applicable.
III. The Monitoring, Monitoring and Alert Systems have the responsibility to collect and monitor information on a regular and ongoing basis about events that can generate disasters and/or emergencies, as well as vulnerable elements. through the application of information systems and mechanisms in accordance with this Law and its regulations.
CHAPTER II DECLARATION OF DISASTER AND/OR EMERGENCIES
Article 39. (DECLARATION OF DISASTER AND/OR EMERGENCY SITUATIONS). According to the parameters set out in this Law and its regulations, they may declare:
a) At the central level of the State: 1. National Emergency. The President or the President of the Plurinational State through Decree
Supreme, upon recommendation of CONARADE, will declare national emergency when the presence of a real or imminent phenomenon is of such magnitude that he or the governments The Ministry of Defense and all the institutions for the attention of the emergency at the Central level of the European Central and Eastern European Union (Ministry of Defense) and all the institutions for the attention of the Central and Eastern European countries. State and autonomous departmental and municipal governments, they will execute their coordination and intervention protocols.
2. National Disaster. The President or the President of the Plurinational State through Supreme Decree, upon the recommendation of CONARADE, will declare a national disaster when the magnitude and impact of the event has caused damage so that the State in your set is unable to meet your own economic and/or technical capacity; situation where external assistance will be required.
b) At the departmental level: 1. Departmental Emergency. When the presence of a real or imminent phenomenon is of such magnitude
that he or the municipal autonomous governments affected, cannot address the disaster with their own economic and/or technical capabilities; situation in which all institutions for the attention of the emergency of the departmental level and the municipal autonomous governments affected will execute their protocols of coordination and intervention.
2. Departmental Disaster. When the magnitude of the event causes damage in such a way that the Department cannot attend to its own economic and/or technical capacity; situation in which assistance from the central government of the State will be required. Plurinational, who after evaluation will define their intervention.
c) At the Municipal level: 1. Municipal Emergency. When the presence of a real or imminent phenomenon is of such magnitude that the
municipality can meet with its own economic and/or technical capacity the affected territory; situation in which all the institutions To the attention of the municipal level emergency, they will execute their protocols of coordination and intervention.
2. Municipal Disaster. When the magnitude of the event causes damage in such a way that the municipality cannot attend to its own economic and/or technical capacity; situation in which assistance from the departmental government will be required. intervention.
d) In Indigenous Indigenous Autonomies: 1. Emergency in Peasant Indigenous Autonomy. It will be declared an emergency when the
presence of a real or imminent phenomenon is of such magnitude that the indigenous indigenous autonomy of Campesina, can meet with its own capacity economic and/or technical the affected territory.
2. Disaster in Indigenous Native Native Autonomy. A disaster in its jurisdiction will be declared when the magnitude of the event causes damage in such a way that the Indigenous Peasant Indigenous Autonomy cannot attend to its own capacity. economic and/or technical; situation where appropriate level assistance will be required.
Article 40. (IMPLICATIONS OF THE DECLARATION OF DISASTER AND/OR EMERGENCY). I. In a situation of Emergency Declaratory, the central level of the State and the autonomous territorial entities, they will apply
the corresponding actions for the preparation, response and integral recovery of the emergency declared, in the framework of its corresponding Contingency Plan.
II. In a State of Disaster Declaration, the central level of the State and the autonomous territorial entities shall apply the corresponding actions for the response. and recovery of the sectors and the population affected by the disaster declared.
III. In the Disaster and/or Emergency Declaratory situation, the central level of the State and the autonomous territorial entities shall apply the rule of exception rule.
IV. Level authorities Central State and autonomous territorial entities for disaster and/or emergency declarations should consider only the areas and population affected by the presence of the adverse event.
V. The Ministry of Defense through the Vice-Ministry of Civil Defense, will be able to carry out the transfer definitive of goods inherent in the attention of disasters and/or emergencies, in favor of institutions or affected population, according to the regulation of this Law.
Article 41. (RETURN TO NORMALITY OF THE DISASTER AND/OR EMERGENCY SITUATION). The return to normality of the situation of Disaster and/or Emergency, must be established and communicated by the National Council for Risk Reduction and Disaster and/or Emergency Care-CONARADE, at the central level of the State; Departmental Committee for Risk Reduction and Disaster Care-CODERADE, at the departmental level and the Municipal Committee for Risk Reduction and Disaster Care-COMURADE, at the municipal level, as appropriate, through a Decree Supreme for the central level of the State and for the autonomous territorial entities through a regulatory instrument similar to that used for disaster and/or emergency declaratory.
TITLE V INFORMATION AND ALERT SYSTEMS
FOR RISK MANAGEMENT SINGLE CHAPTER
INFORMATION SYSTEMS AND ALERT Article 42. (INTEGRATED INFORMATION AND ALERT SYSTEM FOR RISK MANAGEMENT
DISASTERS-SINAGER-SAT). I. The Integrated Information and Alert System for Disaster Risk Management-SINAGER-SAT, in charge of the
Vice-Ministry of Civil Defense, is the basis for information of threats, vulnerabilities and levels or scenarios of risk, monitoring, observation and alert, responsiveness and risk parameters at the service of the SISRADE, for decision-making and management of risk management.
II. They are components of SINAGER-SAT: the National System of Early Warning for Disasters-SNATD, the National Disaster Observatory-OND, the Space Data Infrastructure-GEOSINAGER and the Virtual Library of Prevention and Attention Disasters-BIVAPAD.
Article 43. (NATIONAL EARLY WARNING SYSTEM FOR DISASTERS-SNATD). I. It is the system of surveillance and monitoring of probable threats against the conditions of existing vulnerabilities,
prior to the occurrence of disasters and/or emergencies, in order to provide information on the level or risk scenario, to activate rapid transmission prevention and preparation protocols.
II. The Early Warning System for Disasters-SNATD, articulates the Alert Systems of the autonomous territorial entities and the monitoring and surveillance systems of the scientific technical institutions, with defined characteristics and scope in the regulations of this Law.
Article 44. (NATIONAL DISASTER OBSERVATORY). It is the instance that records and consolidates the information of the adverse events that occurred in the national territory, through the evaluation of damages and needs with interconnected components. This observatory will provide information for decision making.
Article 45. (SPATIAL DATA INFRASTRUCTURE-GEOSINAGER). It is a spatial data system that applies technologies and standards to acquire, process, store, distribute, publish, and improve the utilization of geographic information, facilitating geo-spatial information management, contributing to the risk management development in the territory.
Article 46. (VIRTUAL LIBRARY OF DISASTER PREVENTION AND CARE-BIVAPAD). Systematizes information about risk management and makes it available to multiple users who require it to research, plan and make decisions in the field of this subject.
Article 47. (INFORMATION SYSTEMS). THE SISRADE institutions and others related to risk management should be articulated to the Information Systems set out in this Law.
UNIQUE ADDITIONAL PROVISION. Municipal autonomous governments, may establish within the standards of land use, a risk transfer system for housing protection where appropriate.
TRANSIENT provisions FIRST. A period of up to one (1) year is established from the publication of this Law, so that the governments of the autonomous territorial entities will conform and implement the CODERADES and COMURADES.
SECOND. As long as CODERADES and COMURADES are formed and functioning, they will assume the responsibilities and attributions conferred on this Law, the COED and COEM respectively.
THIRD. This Law will be regulated by Supreme Decree, within ninety (90) days of publication.
FOURTH. The autonomous territorial entities that do not have risk maps, must prepare them within two (2) years of the publication of this Law.
QUINTA. I. The FORADE must be operational during the first half of 2015. As long as the FORADE is established, the Ministry of Economy and Public Finance may directly transfer the resources set out in Article 29 of this Law to the different institutions that correspond, prior to authorization of the CONARADE.
II. The express rule by which the exclusive Fund of the FORADE established in Article 31 (b) of this Law is defined, shall be issued within one hundred and eighty (180) days of the publication of this Law. FINAL PROVISIONS
FIRST. The activities, works and projects likely to generate threats or risks, must incorporate instruments of mitigation, immediate response and attention of contingencies, in the framework of the plans and programs of Social Responsibility and Plans derivatives of environmental impact assessments, in accordance with environmental and risk management regulations. SECOND. Within the framework of the State Comprehensive Planning System, the Autonomous Territorial Entities will have to incorporate risk management into their development plans compatible with national planning. OPENING DISPOSITION
ONLY. Law No 2140 of 25 October 2000, for the Reduction of Risks and Disaster and/or Emergency Care; Law No 2335 of 5 March 2002, amending Law No 2140; the Supreme Decree No. 26739 of 4 August 2002; and all provisions contrary to this Law.
Remit to the Executive Body for constitutional purposes.
It is given in the Session Room of the Legislative Assembly. Plurinational, to the thirteen days of the month of November of the
year two thousand fourteen.
Fdo. Eugenio Rojas Aapza, Marcelo William Elio Chavez, Efrain Condori Lopez, Roxana Camargo Fernandez,
Nelson Virreira Meneces, Angel David Cortes Villegas.
Therefore, it is enacted to have and comply with the Law of the State Plurinational of Bolivia.
Department of Cochabamba, at the fourteen days of the month of November of the year two thousand fourteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Ruben aldo Saavedra Soto, Elba Viviana Caro
Hinojosa, Luis Alberto Arce Catacora, Arturo Vladimir Sánchez Escobar, Daniel Santalla Torrez MINISTER OF LABOUR, EMPLOYMENT AND SOCIAL SECURITY INTERINO DE HEALTH, José Antonio Zamora Gutiérrez, Roberto Ivan Aguilar Gómez, Nemesia Achacollo Tola, Amanda Davila Torres.