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Why The National Policy Of Disaster Risk Management Is Adopted And The National System For Disaster Risk Management Is Established And Other Provisions

Original Language Title: Por la cual se adopta la política nacional de gestión del riesgo de desastres y se establece el Sistema Nacional de Gestión del Riesgo de Desastres y se dictan otras disposiciones

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1523 OF 2012

(April 24)

Official Journal No. 48.411 of 24 April 2012

CONGRESS OF THE REPUBLIC

For which national disaster risk management policy is adopted and the National Disaster Risk Management System is established and other provisions are dictated.

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

RISK MANAGEMENT, RESPONSIBILITY, PRINCIPLES, DEFINITIONS, AND NATIONAL DISASTER RISK MANAGEMENT SYSTEM.

ARTICLE 1o. DISASTER RISK MANAGEMENT. Disaster risk management, in future risk management, is a social process geared to the formulation, implementation, monitoring and evaluation of policies, strategies, plans, programmes, regulations, instruments, measures and permanent actions for the knowledge and reduction of risk and for the management of disasters, with the explicit purpose of contributing to the safety, the welfare, the quality of life of the people and the sustainable development.

PARAGRAFO 1o. Risk management is an indispensable development policy to ensure sustainability, territorial security, collective rights and interests, improve the quality of life of the populations and communities at risk and, therefore, is intrinsically associated with the planning of safe development, with sustainable territorial environmental management, at all levels of government and the effective participation of the population.

PARAGRAFO 2o. For all legal effects, risk management incorporates what has so far been referred to as previous rules prevention, disaster care and recovery, emergency management, and disaster reduction. risks.

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ARTICLE 2o. OF THE RESPONSIBILITY. Risk management is the responsibility of all authorities and the inhabitants of the Colombian territory.

In compliance with this responsibility, public, private and community entities will develop and execute risk management processes, entiendase: knowledge of risk, risk reduction and disaster management, in the framework of their competence, its scope of action and its jurisdiction, as components of the National Disaster Risk Management System.

For their part, the inhabitants of the national territory, responsible for risk management, will act with caution, solidarity, self-protection, both personal and property, and will abide by the provisions of the authorities.

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ARTICLE 3o. GENERAL PRINCIPLES. The general principles that guide risk management are:

1. Principle of equality: All natural persons will have the same help and the same treatment when they are treated with humanitarian aid, in the situations of disaster and danger that this law develops.

2. Principle of protection: Residents in Colombia must be protected by the authorities in their life and physical and mental integrity, in their property and in their collective rights to the safety, tranquility and public health and to enjoy a healthy environment, in the face of possible disasters or dangerous phenomena that threaten or infer damage to the values stated.

3. Principle of social solidarity: All natural and legal persons, whether public or private, will support humanitarian actions in situations of disaster and danger to people's lives or health.

4. Principle of self-preservation: Any natural or legal person, whether in public or private law, has the duty to take the necessary measures for appropriate risk management in his personal and functional field, with a view to safeguard, which is a necessary condition for the exercise of social solidarity.

5. Participatory Principle: It is the duty of the authorities and entities of the National Disaster Risk Management System to recognize, facilitate and promote the organization and participation of ethnic communities, civic associations, community, neighborhood, charities, volunteers and common utility. It is the duty of all people to do part of the risk management process in their community.

6. Principle of cultural diversity: In recognition of the economic, social and cultural rights of people, the processes of risk management must be respectful of the cultural particularities of each community and take advantage of the the cultural resources of the same.

7. Principle of public or social interest: In any risk or disaster situation, the public or social interest shall prevail over the particular interest. Local, regional, sectoral and collective interests will yield to the national interest, without detriment to the fundamental rights of the individual and, without demerit, to the autonomy of the territorial entities.

8. Precautionary principle: Where there is a possibility of serious or irreversible damage to the lives, property and rights of persons, institutions and ecosystems as a result of the materialisation of the disaster risk, the authorities and individuals shall apply the precautionary principle under which the lack of absolute scientific certainty shall not prevent the adoption of measures to prevent, mitigate the risk situation

9. Environmental sustainability principle: Development is sustainable when it meets the needs of the present without compromising the capacity of the environmental systems to meet future needs and involves taking into account the dimension economic, social and environmental development. The risk of disaster stems from processes of unsustainable use and occupation of the territory, therefore the rational exploitation of natural resources and the protection of the environment constitute irreducible characteristics of sustainability. environmental and contribute to disaster risk management.

10. Principle of graduality: Risk management is continuously deployed, through sequential processes in times and reaches that are permanently renewed. Such continued management shall be governed by the principles of public management enshrined in Article 209 of the Constitution and shall be understood in the light of political, historical and The social and economic situation of the society.

11. Systemic principle: The risk management policy shall be implemented by means of an administrative system for the coordination of state and private activities. The system will operate in modes of sectoral and territorial integration; it will guarantee the continuity of the processes, the interaction and linking of the activities through common bases of action and coordination of competences. As an open, structured and organized system, it will exhibit the qualities of interconnection, differentiation, recursiveness, control, synergy and reiteration.

12. Principle of coordination: The coordination of competences is the integrated action of both State and private and differentiated Community and private services whose functions have common objectives to ensure harmony in the the exercise of the functions and the achievement of the purposes or tasks of the National Disaster Risk Management System.

13. Principle of concurrence: The concurrency of competences between national and territorial entities in the public, private and community areas that constitute the national disaster risk management system, takes place when the The effectiveness of the processes, actions and tasks is achieved through the union of efforts and the non-hierarchical collaboration between the authorities and entities involved. The concurrent action may be for the benefit of all or some of the entities. The concurrent exercise of competences requires the respect of the responsibilities of the authorities involved, the express agreement on the common goals and on the processes and procedures to reach them.

14. Principle of subsidiarity: It refers to the recognition of the autonomy of territorial entities to exercise their powers. Subsidiarity can be of two types: negative subsidiarity, where the territorial authority of the higher ranking is refraining from intervening in the field of the lower-ranking authorities, if they have the means to do so. to do so. Positive subsidiarity, it imposes on the authorities of higher rank, the duty to come to the aid of the lower-ranking authorities, when the latter, do not have the means to deal with the risk and its materialization in disaster or when this at risk a relevant protected value, interest or legal asset for the higher authority coming to the aid of the entity concerned.

15. Principle of timely information: For all the purposes of this law, it is the duty of the authorities of the National Disaster Risk Management System to keep all natural and legal persons informed about: Possibilities of risk, disaster management, rehabilitation and construction actions as well as donations received, donations administered and donations delivered.

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ARTICLE 4. DEFINITIONS. For the purposes of this law:

1. Adaptation: Comprises the adjustment of natural or human systems to current or expected climate stimuli or their effects, in order to moderate or exploit beneficial opportunities, in the case of events Adaptation to Climate Change corresponds to disaster risk management to the extent that it is aimed at reducing vulnerability or improving resilience in response to observed or observed changes. expected from the climate and its variability.

2. Alert: State that is declared prior to the manifestation of a dangerous event, based on the monitoring of the behavior of the respective phenomenon, in order that the entities and the population involved activate procedures of previously established action.

3. Threat: A latent danger that a physical event of natural origin, or caused, or induced by human action in an accidental manner, is present with sufficient severity to cause loss of life, injury, or other health impacts, as well. as well as damage and losses on goods, infrastructure, livelihoods, the provision of services and environmental resources.

4. Risk analysis and assessment: Implies the consideration of the causes and sources of risk, their consequences and the likelihood that such consequences may occur. It is the model by which the threat and vulnerability of the exposed elements are related, in order to determine the possible social, economic and environmental effects and their probabilities. The value of damage and potential losses is estimated, and is compared to established safety criteria, with the purpose of defining types of intervention and scope of risk reduction and preparedness for response and recovery.

5. Public calamity: It is the result that is triggered by the manifestation of one or several non-intentional natural or anthropogenic events that in finding conditions conducive to vulnerability in people, goods, infrastructure, the means of subsistence, the provision of services or the environmental resources, causes damage or loss of human, material, economic or environmental, generating an intense, serious and widespread alteration in the normal operating conditions of the population, in the respective territory, which requires the municipality, district or department to execute emergency response, rehabilitation, and reconstruction actions.

6. Climate change: Important statistical variation in the average state of the climate or its variability, which persists over a prolonged period (usually decades or even longer). Climate change may be due to internal natural processes or to changes in external forcing, or to persistent anthropogenic changes in the composition of the atmosphere or the use of land.

7. Risk Knowledge: It is the process of risk management composed of the identification of risk scenarios, risk analysis and assessment, risk monitoring and monitoring, and its components and communication to promote risk management. greater awareness of the same that fuels risk reduction and disaster management processes.

8. Disaster: It is the result that is triggered by the manifestation of one or several non-intentional natural or anthropogenic events that in finding conditions conducive to vulnerability in people, goods, infrastructure, means of subsistence, the provision of services or environmental resources, causes damage or loss of human, material, economic or environmental, generating an intense, severe and widespread alteration in the normal operating conditions of the society, which requires the State and the national system to execute actions in response to the emergency, rehabilitation and reconstruction.

9. Emergency: Situation characterized by severe and severe disruption or disruption of normal conditions of operation or operation of a community, caused by an adverse event or by the imminence of the event, which forces a reaction immediate and that requires the response of the institutions of the State, the media and the community in general.

10. Exposure (exposed elements): refers to the presence of persons, means of subsistence, environmental services and economic and social resources, cultural goods and infrastructure that may be affected by the location of the manifestation of a threat.

11. Risk Management: It is the social process of planning, executing, monitoring and evaluating policies and permanent actions for knowledge of the risk and promoting greater awareness of the risk, preventing or prevent it from being generated, reduced or controlled when it already exists and to prepare for and manage disaster situations, as well as for later recovery, understand: rehabilitation and reconstruction. These actions have the explicit purpose of contributing to the safety, well-being and quality of life of people and to sustainable development.

12. Intervention: It corresponds to the treatment of risk by intentional modification of the characteristics of a phenomenon in order to reduce the threat posed by or to modify the intrinsic characteristics of an exposed element. in order to reduce their vulnerability.

13. Corrective intervention: Process aimed at reducing the level of risk in society through mitigation actions, in the sense of reducing or reducing the threat conditions, where possible, and the vulnerability of the exposed elements.

14. Forward-looking intervention: A process aimed at ensuring that no new risk situations arise through prevention actions, preventing the exposed elements from being vulnerable or that they may be exposed to possible dangerous events. Its ultimate goal is to avoid new risk and the need for future corrective interventions. Forward-looking intervention is carried out primarily through sustainable environmental planning, territorial planning, sectoral planning, regulation and technical specifications, pre-feasibility and design studies. (i) adequate control and monitoring and in general all those mechanisms that contribute in advance to the location, construction and safe operation of the infrastructure, the goods and the population.

15. Disaster Management: It is the process of risk management that is composed of preparedness for emergency response, disaster recovery preparedness, execution of the disaster response, and execution of the disaster response. recovery, understand: rehabilitation and recovery.

16. Risk mitigation: prescriptive or corrective intervention measures aimed at reducing or reducing damage and losses that may arise through security regulations and public or private investment projects whose objective is reduce the threat conditions, where possible, and the existing vulnerability.

17. Preparation: It is the set of actions mainly of coordination, warning systems, training, equipment, reserve centers and shelters and training, with the purpose of optimizing the execution of the different basic services response, such as accessibility and transport, telecommunications, damage assessment and needs analysis, basic health and sanitation, search and rescue, fire suppression and hazardous materials handling, shelter and food, services public, security and coexistence, financial and legal aspects, public information and general management of the response, among others.

18. Risk prevention: Measures and actions of restrictive or prospective intervention arranged in advance in order to prevent risk being generated. You can focus on avoiding or neutralizing the threat or exposure and the vulnerability to it in the final form to prevent the risk of being generated. The essential instruments of prevention are those foreseen in the planning, public investment and territorial environmental management, which aim to regulate the use and occupation of the soil in a safe and sustainable way.

19. Financial protection: Mechanisms or financial instruments for intentional retention or transfer of risk that are established ex ante in order to access ex post economic resources in an ex post manner for the attention of the emergencies and recovery.

20. Recovery: They are the actions for the restoration of normal living conditions through rehabilitation, repair or reconstruction of the affected area, disrupted or damaged goods and services and restoration and economic and social development in the community. The recovery is aimed at preventing the reproduction of pre-existing risk conditions in the affected area or sector.

21. Risk reduction: It is the risk management process, which is made up of the intervention aimed at modifying or reducing the existing risk conditions, understand: risk mitigation and to avoid new risk in the territory, entiendase: risk prevention. Mitigation and prevention measures are taken in advance to reduce the threat, exposure and decrease vulnerability of people, livelihoods, goods, infrastructure and environmental resources to avoid or minimize damage and loss in the event of hazardous physical events. Risk reduction is made up of the corrective intervention of the existing risk, the forward-looking intervention of new risk and the financial protection.

22. Prescriptive regulation: Provisions which aim to explicitly determine minimum safety requirements for elements that are or are to be exposed in areas prone to hazardous events in order to pre-establish the level of safety. acceptable risk in those areas.

23. Restrictive regulation: Provisions aimed at preventing the configuration of new risk by prohibiting the permanent occupation of exposed areas and prone to dangerous events. It is essential for sustainable environmental and territorial planning.

24. Answer: Execution of the necessary activities for emergency care such as accessibility and transportation, telecommunications, damage assessment and needs analysis, basic health and sanitation, search and rescue, fires and management of hazardous materials, shelters and food, public services, security and coexistence, financial and legal aspects, public information and the general management of the response, among others. The effectiveness of the response depends on the quality of preparation.

25. Disaster Risk: Corresponds to potential damages or losses that may arise due to hazardous physical events of natural origin, technological partner-natural, biosanitary or non-intentional human, in a period of time specific and that are determined by the vulnerability of the exposed elements; therefore the risk of disasters is derived from the combination of the threat and the vulnerability.

26. Territorial security: Territorial security refers to the sustainability of the relations between the dynamics of the nature and the dynamics of the communities in a particular territory. This concept includes notions of food security, legal or institutional security, economic security, ecological security and social security.

27. Vulnerability: Susceptibility or physical, economic, social, environmental or institutional fragility that has a community of being affected or suffering adverse effects in case a dangerous physical event occurs. It corresponds to the predisposition to suffer losses or damages of human beings and their means of subsistence, as well as their physical, social, economic and support systems that can be affected by dangerous physical events.

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ARTICLE 5o. NATIONAL DISASTER RISK MANAGEMENT SYSTEM. The National System of Disaster Risk Management, hereinafter, and for the purposes of this law, national system, is the set of public, private and community entities, of policies, standards, processes, resources, plans, strategies, instruments, mechanisms, as well as the information related to the thematic, which is applied in an organized way to guarantee risk management in the country.

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ARTICLE 6o. OBJECTIVES OF THE NATIONAL SYSTEM. These are the objectives of the National System:

1. General Objective. Carry out the social process of risk management in order to provide protection for the population in the Colombian territory, improve safety, well-being and quality of life and contribute to sustainable development.

2. Specific objectives:

2.1. Develop, maintain and ensure the process of risk knowledge through actions such as:

a) Identification of risk scenarios and their prioritization for study in greater detail and generation of the necessary resources for their intervention.

b) Identification of risk factors, understand: threat, exposure and vulnerability, as well as the underlying factors, their origins, causes and time transformation.

c) Risk analysis and assessment including estimation and sizing of its possible consequences.

d) Monitoring and monitoring of risk and its components.

e) Communication of the risk to public and private entities and the population, for the purpose of public information, perception and awareness.

2.2. Develop and maintain the risk reduction process through actions such as:

(a) Forward-looking intervention through prevention actions that prevent the generation of new risk conditions.

b) Corrective intervention through actions to mitigate existing risk conditions.

c) Financial protection through risk transfer and retention instruments.

2.3. Develop, maintain, and ensure the disaster management process through actions such as:

a) Preparation for disaster response through organization, warning systems, training, equipment and training, among others.

b) Preparation for recovery, call it: rehabilitation and reconstruction.

c) Disaster response with actions to address the affected population and restore the essential services affected.

d) Recovery, call: rehabilitation and reconstruction of socio-economic, environmental and physical conditions, under criteria of safety and sustainable development, avoiding the reproduction of risk situations and generating better conditions of life.

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ARTICLE 7o. MAIN COMPONENTS OF THE NATIONAL SYSTEM. The main components of the National System, described in the following chapters, are:

1. The organizational structure.

2. The Planning Instruments.

3. The information systems.

4. The financing mechanisms.

CHAPTER II.

STRUCTURE: ORGANIZATION, DIRECTION AND COORDINATION OF THE NATIONAL DISASTER RISK MANAGEMENT SYSTEM.

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ARTICLE 8o. MEMBERS OF THE NATIONAL SYSTEM. They are members of the national system:

1. Public entities. For its mission and responsibility in the management of sustainable social, economic and environmental development, in the sectorial, territorial, institutional and investment projects.

2. Private and non-profit entities. For its intervention in development through its economic, social and environmental activities.

3. The Community. For its intervention in development through its economic, social, environmental, cultural and participatory activities.

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ARTICLE 9o. NATIONAL SYSTEM ADDRESS INSTANCES. They are instances of the national system address:

1. The President of the Republic.

2. The Director of the National Unit for Disaster Risk Management.

3. The Governor in his respective jurisdiction.

4. The district or municipal mayor in their respective jurisdiction.

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ARTICLE 10. THE PRESIDENT OF THE DRIVER REPUBLIC OF THE NATIONAL SYSTEM. As head of government and supreme administrative authority, he is vested with constitutional and legal powers to preserve security, tranquility and sanitation in all the national territory.

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ARTICLE 11. THE DIRECTOR OF THE NATIONAL UNIT FOR DISASTER RISK MANAGEMENT. He will be the agent of the President of the Republic in all matters related to the matter.

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ARTICLE 12. THE GOVERNORS AND MAYORS. They are drivers of the national system at their territorial level and are invested with the necessary competences to preserve the security, tranquility and healthiness in the area of their jurisdiction.

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ARTICLE 13. GOVERNORS IN THE NATIONAL SYSTEM. Governors are agents of the President of the Republic in the field of public order and development, which includes disaster risk management. As a result, they project the National Government's policy towards the regions and must respond to the implementation of the knowledge and risk reduction and disaster management processes in the area of their territorial competence.

PARAGRAFO 1o. Governors as heads of the respective sectional administration have a duty to implement and maintain the continuity of disaster risk management processes in their territory, as well as integrate in departmental development planning, strategic and priority actions in the field of risk management, especially through the departmental development plan and other planning instruments under its responsibility.

PARAGRAFO 2o. The governors and departmental administration are the coordinating instance of the municipalities that exist in their territory. As a result, they are in charge of the competences of coordination, concurrency and positive subsidiarity in relation to the municipalities of their department.

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ARTICLE 14. THE MAYORS IN THE NATIONAL SYSTEM. The mayors as heads of the local administration represent the National System in the District and the municipality. The mayor, as the driver of local development, is directly responsible for the implementation of risk management processes in the district or municipality, including knowledge and risk reduction and disaster management in the area of his jurisdiction.

PARAGRAFO. Mayors and municipal or district administration should integrate into local development planning, strategic and priority actions in disaster risk management, especially, through the plans of territorial planning, municipal or district development and other instruments of public management.

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ARTICLE 15. INSTANCES OF GUIDANCE AND COORDINATION. The national system has the following instances of guidance and coordination, whose purpose is to optimize the performance of the different public, private and community entities in the implementation of risk management actions.

1. National Council for Risk Management.

2, National Unit for Disaster Risk Management.

3. National Committee for Risk Knowledge.

4. National Committee for Risk Reduction.

5. National Committee for Disaster Management.

6. Departmental, district and municipal councils for risk management.

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ARTICLE 16. NATIONAL COUNCIL FOR RISK MANAGEMENT. Create the National Council for Risk Management, hereinafter the National Council, which will be the higher body charged with guiding the national system. This council shall meet at least twice a year under normal conditions and, as often as necessary, during disaster situations. The National Council shall be composed of:

1. The President of the Republic or his delegate, who will preside over it.

2. Ministers or their delegates.

3. The Director General of the National Planning Department or its delegate.

4. The Director of the National Unit for Disaster Risk Management, which is the Secretariat of the Committee.

PARAGRAFO 1o. Ministers may only delegate their participation in the deputy ministers and the directors of the administrative departments to their deputy directors.

PARAGRAFO 2o. When the National Council for Risk Management is convened to address issues related to preparedness, response and rehabilitation in the face of disaster situations, they will be part of the Council. Director of the Colombian Civil Defense, the Executive Director of the Colombian Red Cross and a representative of the national fire brigade.

PARAGRAFO 3o. The National Council will invite, when it considers it relevant to representatives of public and private universities, that they have in their programs post-degrees in any of its modalities in management, administration and risk management, duly approved by the Ministry of National Education, companies in the productive sectors, agencies, professional associations, humanitarian aid agencies and non-governmental organizations.

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ARTICLE 17. GENERAL FUNCTIONS OF THE NATIONAL COUNCIL. The functions of the national council are as follows:

1. Guide and approve risk management policies and their articulation with development processes.

2. Approve the national risk management plan.

3. Approve the national emergency response strategy.

4. To issue a prior concept for the declaration of a national disaster situation and return to normality.

5. Advise the President of the Republic on the issues and elements necessary to motivate the declaration of a state of emergency due to serious public calamity in the article 215 of the National Constitution.

6. Approve specific action plans for post-disaster recovery.

7. Establish guidelines for planning, acting and monitoring risk management.

8. To monitor, assess and control the national system and the results of risk management policies.

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ARTICLE 18. NATIONAL UNIT FOR DISASTER RISK MANAGEMENT. The National Unit for Disaster Risk Management, in addition to the functions established in Decree-Law 4147 of 2011, which are incorporated into the Article, the following:

1. Articulate the national and territorial levels of the national system.

2. Articulate private stakeholders, social organizations, and non-governmental organizations in the national system.

3. To develop and enforce the internal norms of the national system, understand: decrees, resolutions, circulars, concepts and other norms.

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ARTICLE 19. NATIONAL COMMITTEES FOR RISK MANAGEMENT. The National Committees for Risk Management, which is dealt with in Article 15 of this Law, are instances of advisory, planning, and follow-up ensure the effectiveness and articulation of knowledge, risk reduction and disaster management processes, under the direction of the National Unit for Disaster Risk Management.

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ARTICLE 20. NATIONAL COMMITTEE FOR RISK KNOWLEDGE. Create the National Committee for Risk Knowledge as an interagency instance of the national system that advises and plans the permanent implementation of the process of knowledge of the risk. It consists of:

1. The Director of the National Unit for Disaster Risk Management, or his delegate, who will chair him.

2. The Director of the National Planning Department, DNP or its delegate.

3. The Director of the National Bureau of Statistics, DANE or his delegate.

4. The Director of the Geographic Institute Agustin Codazzi, IGAC or his delegate.

5. The Director of the Colombian Institute of Geology and Mining, Ingeominas, or his delegate.

6. The Director of the Institute of Hydrology, Meteorology and Environmental Studies, Ideam or his delegate.

7. The Director of the Maritime Directorate-General, Dimar, or its delegate.

8. The Executive Director of the Association of Regional Autonomous Corporations and Sustainable Development, Asocars.

9. A Governor delegated by the National Federation of Departments.

10. A mayor delegated by the Colombian Federation of Municipalities.

PARAGRAFO 1o. For officials, the holders may delegate their appearance to officials of the following hierarchical rank, by means of administrative act of delegation, for the private sector, by means of communication written to the Secretariat of the Committee.

PARAGRAFO 2o. The committee may invite representatives of other public entities, private, public and private universities, to have in their master's or doctoral programs in management, administration and management of the risk, duly approved by the Ministry of National Education or non-governmental organizations, which will be convened through the Secretariat.

PARAGRAFO 3o. The Secretariat of the Committee will be the National Unit for Disaster Risk Management.

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ARTICLE 21. FUNTIONS. These are the functions of the National Committee for Risk Knowledge:

1. To guide the formulation of policies that strengthen the process of knowledge of the risk in the country.

2. To guide the identification of risk scenarios in their different factors, understand: threats, vulnerabilities, exposure of people and property.

3. To guide the analysis and risk assessment.

4. Guide the actions of monitoring and monitoring of the risk and its factors.

5. To guide the identification of the risk factors for disaster, understand: threats, vulnerabilities, exposure of people and property.

6. To advise the design of the risk knowledge process as a component of the national system.

7. To promote the articulation between the process of knowledge of risk with the process of risk reduction and disaster management.

8. To promote the harmonization and articulation of environmental management actions, adaptation to climate change and risk management.

9. To guide the actions of communication of the existence, scope and dimension of the risk to the national system and society in general.

10. Guide the articulation of the National System of Risk Management, the National System of Science and Technology and the National Environmental System.

11. To guide the formulation, implementation, monitoring and evaluation of the national plan for risk management, with an emphasis on the aspects of risk knowledge.

12. Guide the formulation, implementation, monitoring and evaluation of the emergency response strategy.

13. To guide the formulation of specific action plans for post-disaster recovery.

14. Encourage the opening of lines of research and training on these topics in higher education institutions.

15. Formulate guidelines for the management and transfer of information and for the design and operation of the National Information System for Risk Management.

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ARTICLE 22. NATIONAL COMMITTEE FOR RISK REDUCTION. Create the National Committee for Risk Reduction as an inter-institutional body of the national system that advises and plans the permanent implementation of the risk reduction process of disasters.

This is integrated by:

1. The Director of the National Unit for Disaster Risk Management or his delegate, who presides over it.

2. The Director of the National Planning Department or its delegate.

3. The Executive Director of the Colombian Security Council.

4. The Executive Director of the Association of Regional Autonomous Corporations and Sustainable Development, Asocars.

5. The President of the Colombian Federation of Municipalities or its delegate.

6. A representative of the Federation of Colombian Insurers, Fasecolda.

7. A representative of the public universities that have in their programs of specialization, master and doctoral in management, administration and risk management, duly approved by the Ministry of National Education.

8. A representative of the private universities that have in their programs of specialization, mastery and doctorates in management, administration and risk management, duly approved by the Ministry of National Education.

PARAGRAFO 1o. For officials, the holders may delegate their appearance to officials of the following hierarchical rank, by means of administrative act of delegation, for the private sector, by means of communication written to the Secretariat of the Committee.

PARAGRAFO 2o. The committee may invite representatives of other public entities, private entities or non-governmental organizations, to be convened through the Secretariat.

PARAGRAFO 3o. The Secretariat of the committee will be the National Unit for Disaster Risk Management.

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ARTICLE 23. FUNTIONS. These are the functions of the National Committee for Risk Reduction:

1. To guide the formulation of policies that strengthen the risk reduction process in the country.

2. Guide and articulate policies and actions of environmental management, territorial planning, development planning and adaptation to climate change that contribute to the reduction of the risk of disasters.

3. Guide corrective action actions in the existing conditions of vulnerability and threat.

4. To guide prospective intervention to avoid new risk conditions.

5. To guide and advise the development of technical regulatory policies aimed at reducing risk.

6. Guide the application of financial protection mechanisms: insurance, credits, reserve funds, CAT bonds, among others.

7. Advise the design of the risk reduction process as a component of the national system.

8. To promote the articulation between the risk reduction process with the risk knowledge process and the disaster management process.

9. To guide the formulation, implementation, monitoring and evaluation of the national plan for risk management, in the aspects of risk reduction and preparedness for recovery.

10. To guide the formulation of specific action plans for post-disaster recovery.

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ARTICLE 24. NATIONAL COMMITTEE FOR DISASTER MANAGEMENT. Create the National Committee for Disaster Management as an interagency instance of the national system that advises and plans the permanent implementation of the disaster management process with the entities of the national system.

1. The Director-General of the National Disaster Risk Management Unit or its delegate, who will chair.

2. The Director of the National Planning Department or its delegate.

3. The Commander of the National Army or his delegate.

4. The Commander of the National Navy.

5. The Commander of the Colombian Air Force or his delegate.

6. The Director General of the National Police or his delegate.

7. The Director General of Civil Defense or its delegate.

8. The Director of the National Red Cross or his delegate.

9. A representative of the National Fire Board of Colombia.

PARAGRAFO 1o. For officials, the holders may delegate their appearance to officials of the following hierarchical rank, by means of administrative act of delegation, for the private sector, by means of communication written to the Secretariat of the Committee.

PARAGRAFO 2o. The Committee may invite representatives of other public, private or non-governmental entities to be convened through the Secretariat.

PARAGRAFO 3o. The Secretariat of the Committee will be the National Unit for Disaster Risk Management.

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ARTICLE 25. FUNTIONS. These are the functions of the National Committee for Disaster Management:

1. Guide policy formulation to strengthen the disaster management process.

2. Advise the formulation of the national emergency response strategy.

3. To advise the execution of disaster response with the purpose of optimizing the attention of the population, the goods, ecosystems and infrastructure and the restitution of the essential services.

4. Guide the preparation for recovery, understand: rehabilitation and reconstruction.

5. To advise the implementation of rehabilitation and reconstruction of socio-economic, environmental and physical conditions, under the criteria of safety and sustainable development.

6. Coordinate with the risk reduction committee so that reconstruction does not reproduce the conditions of vulnerability.

7. Advise the design of the disaster management process as a component of the national system.

8. To promote the articulation between the disaster management process with the risk knowledge process and the risk reduction process.

9. Guide the formulation, implementation, monitoring and evaluation of the National Plan for Risk Management with a focus on the aspects of preparedness for response and recovery.

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ARTICLE 26. ADVISORY TECHNICAL COMMITTEES OF COMMITTEES. National committees may set up permanent or temporary advisory technical committees.

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ARTICLE 27. INSTANCES OF TERRITORIAL COORDINATION. Create the departmental, district and municipal Councils of Disaster Risk Management, as instances of coordination, advisory, planning and monitoring, aimed at ensuring effectiveness and articulation of the processes of risk knowledge, risk reduction and disaster management in the relevant territorial entity.

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ARTICLE 28. ADDRESS AND COMPOSITION. The territorial councils are directed by the governor or mayor of the respective jurisdiction and will incorporate the officials of the governorship or mayor's office and the decentralized entities of the departmental order, district or municipal and representatives of the private and community sector. The territorial councils are shaped by:

1. The Governor or Mayor or his delegate, who presides him.

2. The Director of the risk management unit or entity.

3. The directors of the public service entities or their delegates.

4. A representative of each of the regional autonomous and sustainable development corporations within the respective territorial jurisdiction.

5. The director or who does his or her times of the Colombian civil defense within the respective jurisdiction.

6. The director or who does his time of the Colombian Red Cross within the respective jurisdiction.

7. The departmental fire delegate or the commander of the municipality's respective fire department.

8. A departmental or municipal office secretary, designated by the Governor of the Department or the Mayor.

9. The Police Commander or his delegate of the respective jurisdiction.

PARAGRAFO 1o. The Territorial Councils will be able to invite technicians, experts, professionals, representatives of guilds or universities to their sessions to discuss issues relevant to risk management. They will also be able to summon representatives or delegates from other organizations or personalities of recognized prestige and social relevance in their respective community to achieve greater integration and community support in the knowledge and decisions on the matters falling within its competence.

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ARTICLE 29. FUNCTIONING OF THE TERRITORIAL COUNCILS. The territorial councils shall have a coordinator appointed by the governor or mayor, whose hierarchical level shall be equal to or greater than the head of the advisory office. In any case, the coordinator shall monitor, promote and ensure the effective flow of risk management processes.

PARAGRAFO 1o. In departments, districts, and municipalities with a population of more than 250,000, there will be a dependency or risk management entity, provided that its support is framed within the provisions of items 3or, 6or and 75 of Act 617 of 2000. If such a dependency or entity exists or is created, who directs it, will have in any case, rank equal or superior to chief of advisory office and its objective will be to facilitate the work of the mayor as responsible and main executor of the processes the management of the risk in the municipality, coordinate the performance of the respective territorial council, and coordinate the continuity of the risk management processes, in compliance with the national risk management policy and in an articulated manner with the planning of the municipal development and territorial planning.

PARAGRAFO 2o. COMMITTEES AND TECHNICAL COMMITTEES. The territorial councils will be able to establish committees for the coordination of the processes of knowledge of risk, risk reduction and disaster management, following the same orientation of the national level. They will also be able to create permanent or transitional advisory technical commissions for the development, study, research, advisory, monitoring and evaluation of specific topics in the field of knowledge and risk reduction and disaster management, as well as specific risk scenarios.

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ARTICLE 30. ASSOCIATION OF COUNCILS. Territorial councils must combine efforts on a permanent or transitional basis to coordinate and maintain risk management processes in areas that exceed the territorial boundaries of their respective countries. constituencies or to deal with disasters in territories that cover part of the associated jurisdictions or which are defined from a determinable physical element such as river basins. Its actions will be guided by the principle of concurrency and defined in the framework of an action plan.

PARAGRAFO 1o. Metropolitan areas and municipalities associations should adopt the processes of risk management in the framework of their performance in development planning, environmental management and management. territorial, in accordance with its powers.

PARAGRAFO 2o. The departmental councils must promote, advise, and follow up the performance of the municipal councils ' associations of the municipal order in their respective jurisdiction.

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ARTICLE 31. REGIONAL AUTONOMOUS CORPORATIONS IN THE NATIONAL SYSTEM. Regional autonomous or sustainable development corporations, which for the purpose of this law will be called regional autonomous corporations, as members of the system national risk management, in addition to the functions established by Law 99 of 1993 and Law 388 of 1997 or the laws that modify them. Support the territorial entities of their environmental jurisdiction in all necessary studies for knowledge and risk reduction and integrate them into the plans of watershed management, environmental management, territorial and development.

PARAGRAFO 1o. The role of regional autonomous corporations is complementary and subsidiary to the work of mayors and governorates, and will be focused on supporting the risk management tasks that They correspond to the environmental sustainability of the territory and therefore do not exempt the mayors and governors of their primary responsibility in the implementation of the disaster risk management processes.

PARAGRAFO 2o. Regional autonomous corporations will have to promote the articulation of adaptation actions to climate change and disaster risk management in their territory, by virtue of both processes explicitly contribute to the improvement of sustainable territorial environmental management.

PARAGRAFO 3o. Regional autonomous corporations as members of territorial risk management councils, developing the principles of solidarity, coordination, concurrence and positive subsidiarity, they must support the territorial entities that exist in their respective jurisdictions in the implementation of the risk management processes according to the scope of their competence and will be responsible for the implementation.

PARAGRAFO 4o. When it comes to Great Urban Centers within the meaning of the Act 99 of 1993, as regards the territorial committees, they will be part of the local environmental authorities.

CHAPTER III.

PLANNING INSTRUMENTS.

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ARTICLE 32. RISK MANAGEMENT PLANS. The three levels of government will formulate and implement risk management plans to prioritize, program and execute actions by the entities of the national system, in the framework of the knowledge of risk, risk reduction and disaster management, as part of territorial and development planning, as well as for monitoring and evaluation.

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ARTICLE 33. NATIONAL DISASTER RISK MANAGEMENT PLAN. It is the instrument that defines the objectives, programs, actions, responsibility and budgets, through which the processes of knowledge of risk, risk reduction and management are carried out In the framework of national development planning, disaster strikes.

PARAGRAFO. The National Risk Management Plan will address the actions required for risk identification and analysis, risk factor monitoring, risk communication, reduction of risk factors, and risk through corrective and prospective intervention, financial protection, emergency response preparedness, recovery readiness, rehabilitation and reconstruction; information systems, consolidation of the national policy on geographical information and infrastructure Colombian Data Space-ICDE and institutional strengthening, among others.

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ARTICLE 34. ELABORATION AND EVALUATION OF THE PLAN. The National Unit for Disaster Risk Management is the body responsible for drawing up the national risk management plan with inputs from the three national management committees. risk and territorial councils.

The Unit will present the plan to the National Council for approval, as well as its updates. The approval decision shall have the absolute majority of the members of the national council, including the vote of the President of the Republic or its delegate.

The national plan and its updates will be adopted by decree issued by the President of the Republic. The National Government shall regulate within a period of no more than ninety (90) days after the date on which this law is sanctioned, the procedure for issuing and updating the national risk management plan which shall be compulsory. compliance by the responsible entities.

PARAGRAFO. The monitoring and evaluation of the Plan is carried out by the National Unit for Disaster Risk Management with the inputs from the three national risk management committees and councils. territorial. The Comptroller General of the Republic, will be in charge of the monitoring and evaluation in the Fiscal and the Attorney General of the Nation in the Disciplinary.

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ARTICLE 35. NATIONAL STRATEGY FOR EMERGENCY RESPONSE. The national strategy for emergency response is the framework for action by entities in the national risk management system for emergency response and response. It refers to all aspects that must be activated by the entities individually and collectively for the purpose of executing the emergency response in a timely and effective manner.

PARAGRAFO. The national strategy for emergency response, as a preparedness action for the response that seeks the effectiveness of interinstitutional action, at the three levels of government, will focus on mainly in the optimization of the provision of basic services during the response such as accessibility and transport, communications, damage assessment and analysis of needs, health and basic sanitation, search and rescue, extinction of fires and handling of hazardous materials, shelters and food, services public, security and coexistence, financial and legal aspects, public information, geographic information, general management of the response and definition of alert states, among others.

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ARTICLE 36. ELABORATION OF THE NATIONAL STRATEGY FOR EMERGENCY RESPONSE. The National Unit for Disaster Risk Management, is the body responsible for developing the national strategy for emergency response with inputs. from the three national risk management committees and the territorial councils.

The Unit will present the plan to the National Risk Management Board for approval, as well as updates of the plan annually. The approval decision shall have one half more than one in attendance at the national council, including the affirmative vote of the President of the Republic or his delegate.

The national strategy and its updates will be adopted by decree issued by the President of the Republic, no later than ninety (90) days after the date of the sanctioning of this law.

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ARTICLE 37. DEPARTMENTAL, DISTRICT AND MUNICIPAL RISK MANAGEMENT PLANS AND RESPONSE STRATEGIES. The departmental, district and municipal authorities will formulate and agree with their respective risk management boards, a plan of disaster risk management and a strategy for emergency response in their respective jurisdiction, in harmony with the national risk management plan and response strategy. The plan and strategy, and their updates, shall be adopted by decree issued by the governor or mayor, as the case may be, no later than ninety (90) days after the date of the sanctioning of this law.

PARAGRAFO 1o. The risk management plans and departmental, district and municipal response strategies should consider specific actions to ensure the achievement of the objectives of the management of the Risk of disasters. In cases where the territorial unit has similar plans, these plans must be reviewed and updated in compliance with this law.

PARAGRAFO 2o. The programs and projects of these plans will be integrated into the territorial, watershed management and departmental, district or municipal development plans and other planning tools. of the development, as the case may be.

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ARTICLE 38. INCORPORATION OF RISK MANAGEMENT IN PUBLIC INVESTMENT. All public investment projects that have an impact on the territory, either at national, departmental, district or municipal level, must properly incorporate a disaster risk analysis whose level of detail will be defined according to the complexity and nature of the project in question. This analysis should be considered from the first stages of formulation, in order to prevent the generation of future risk conditions associated with the installation and operation of public investment projects in the national territory.

PARAGRAFO. All public and private entities that finance studies for the formulation and development of regional and urban development plans, programs and projects will include in the respective contracts the the obligation to incorporate the risk reduction component and should consult the guidelines of the approved Plan of Risk Management of the municipality or the department in which the investment is to be carried out.

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ARTICLE 39. INTEGRATION OF RISK MANAGEMENT IN TERRITORIAL AND DEVELOPMENT PLANNING. Plans for territorial planning, watershed management and development planning at different levels of government should be to integrate risk analysis into the biophysical, economic and socio-environmental diagnosis and, to consider, the risk of disasters, as a condition for the use and occupation of the territory, thus trying to avoid the configuration of new ones risk conditions.

PARAGRAFO. The territorial entities within a period not greater than one (1) year, after the date on which this law is sanctioned, shall review and adjust the plans for territorial and municipal development and (a) a departmental body which, while in force, has not included in its process of formulation of risk management.

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ARTICLE 40. INCORPORATION OF RISK MANAGEMENT IN THE PLANNING. The districts, metropolitan areas and municipalities within a period not greater than one (1) year, after the date on which this law is sanctioned, shall incorporate into their respective plans of development and territorial planning considerations on the safe and sustainable development arising from risk management, and therefore the priority programmes and projects for these purposes, in accordance with the principles of the present law.

In particular, they will include the forecasts of the 9th Act of 1989 and the 1997 Law 388 , or rules that replace it, such as the mechanisms for the inventory of settlements at risk, delimitation and treatment of areas exposed to threat arising from non-intentional natural, natural or anthropogenic natural phenomena, including settlement relocation mechanisms; the transformation of the use allocated to such areas for avoid resetting at high risk; setting up reserves of land to do This is the case in the case of such a resettlement and the use of the legal instruments for the acquisition and expropriation of buildings that are necessary for the relocation of populations at high risk, among others.

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ARTICLE 41. TERRITORIAL PLANNING AND DEVELOPMENT PLANNING. The national, regional, departmental, district and municipal planning bodies will follow the guidelines and guidelines outlined in the national risk management plan. and shall provide for specific provisions and recommendations on the subject, in particular as regards the effective incorporation of the risk of disaster as an environmental determinant to be considered in the development and development plans. territorial arrangement, in such a way as to ensure allocations and appropriations of funds that are essential for the implementation of priority disaster risk management programmes and projects in each territorial unit.

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ARTICLE 42. SPECIFIC RISK ANALYSIS AND CONTINGENCY PLANS. All public or private entities in charge of the provision of public services, executing major civil works or developing industrial or other activities that Risk of disaster for society, as well as those specifically determined by the National Unit for Disaster Risk Management, should carry out a specific risk analysis that considers the possible effects of events. natural on the exposed infrastructure and those arising from the damage of the same in its the area of influence, as well as those arising from its operation. Based on this analysis, you will design and implement the risk mitigation measures and contingency and contingency plans that will be your mandatory compliance.

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ARTICLE 43. INTERNATIONAL COOPERATION IN RISK MANAGEMENT. International Cooperation on Disaster Risk Management, including support in disaster situations that are explicitly required by the National Government, should be The central objective of the exercise is to strengthen the national system and the public, private and community entities that integrate it. Humanitarian aid must be provided in the light of the principles of quality, opportunity, relevance and effectiveness that govern the institutions that are responsible for lending it at international level.

PARAGRAFO: The National Government through the Administrative Department for Social Prosperity in coordination with the Ministry of Foreign Affairs and the Unit for Risk Management, no longer than One hundred and eighty (180) days after the date this law is sanctioned, it shall establish a strategic plan to promote and manage legal, financial, physical, human and technical resources of International Cooperation and diplomacy. humanitarian.

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ARTICLE 44. CONTROL IN DISASTER RISK MANAGEMENT. The State through its control bodies will exercise monitoring, evaluation and control processes in disaster risk management, using the means established by law for such purposes. the society through the mechanisms of citizen veeduria.

PARAGRAFO. All public, private or community entities will ensure the correct implementation of disaster risk management in the field of their sectoral and territorial competencies in compliance with their own mandates and rules governing them.

CHAPTER IV.

INFORMATION SYSTEMS.

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ARTICLE 45. NATIONAL INFORMATION SYSTEM FOR DISASTER RISK MANAGEMENT. The National Unit for Disaster Risk Management, in the framework of the policies, standards and technologies that define the Colombian space data infrastructure, must be implemented, a national system of information for disaster risk management, which must be kept up to date and functional by integrating the contents of all national and territorial entities, with the aim of to promote the generation and use of information on the risk of disasters and their reduction and the response to emergencies in the national territory and offer the support of information demanded by risk managers at all levels of government.

The National Disaster Risk Management Information System, in general, will allow:

1. Access information related to disaster risk management across the country.

2. Adapt, adopt and promote standards, protocols, technological solutions and processes for the management of information for disaster risk management at the national, departmental, county and municipal levels.

3. Contribute to the construction, distribution and appropriation of knowledge about the risk of disasters in the country.

4. Contribute to the generation of information and interaction elements for the monitoring of the country's threats, vulnerabilities and risks.

5. Contribute to the dissemination of information related to knowledge of risk, prevention, preparedness, response and recovery in the fields, national, departmental, district and municipal.

6. To respond to the needs of information on the statistics of affectation and support provided by the National System of Disaster Risk Management in emergency situations.

7. Articulate the information systems of national, departmental, district and municipal entities.

8. Privilege joint work to produce, share and use geographic information necessary to support the country's development.

PARAGRAFO. Information related to risk management that public entities develop, process, store, and communicate must be available for use by the national information system for the management of the risk in the conditions for this purpose.

Information-producing and user entities should ensure compliance with access and use limitations related to the right of habeas data, privacy, statistical reservation, defense and national security matters, and in general, all those issues to which the law has granted them the reserve character.

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ARTICLE 46. INFORMATION SYSTEMS AT REGIONAL, DEPARTMENTAL, DISTRICT AND MUNICIPAL LEVELS. The departmental, district and municipal authorities will create information systems for disaster risk management in the area of their jurisdiction in harmony with the national system, ensuring interoperability with the national system and observing standards established by the National Unit for Disaster Risk Management.

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