Imperatives of National policy on Disaster Management

NEMA News Magazine

Introduction:
The definition of disaster has often been altered from time to time in accordance with the changing concepts concerning cause and effect; with increasing attention being given to the social aspects of disaster situations and collective ability to meet the requirements of these situations. The variety of definitions in use have the followings in common:-

Disruption to normal patterns of life, which are usually severe and may also be
sudden, unexpected and widespread;
Human effects such as loss of life, injury, hardship and adverse effect to health;
Effects on social structures such as destruction of, or damage to public systems,
buildings, communication and essential services, and;
Community needs, like shelter, food, clothing, medical assistance and social care.

The logical deduction from the variety of definitions of disaster is that disasters is eithernatural or man made event, sudden or progressive, which impacts are so severe that the affected community has to respond by taking exceptional measures. Disaster management is therefore so inclusive that no one individual, group, organization or level of government can be responsible for the entire range of disaster management activities. In order words disaster management is everybody's business. From individuals to communities, Local, States and Federal Government. It entails the involvement of many organizations which must work together to prevent, prepare for, respond to and promote recovery from the effects of disaster

The National Emergency Management Agency (NEMA) established by Act No. 12 of 1999 as amended is the government unit that has leadership responsibilities for the nation's disaster management. According to the provisions of Section 8 of the Act, communities and State Governments are expected to manage disasters that are within their levels of competence and resource availability. However, when the devastation is especially serious .and exceeds the capabilities and resources of Local and State Governments, the Federal Government through NEMA will respond to such a disaster. NEMA has been placed at the centre of a network of disaster management organizations, liaising with them and coordinating their efforts. Thus the success or failure of disaster management in Nigeria depends largely on how well these institutions/organizations are working and how effectively NEMA is able to coordinate their efforts, (See Section 6 of the NEMA's Act).

Why the Policy?
Certain shortcomings were noticed in NEMA's Act especially in Section 8 which precipitated the poor implementation of the relevant portions of the provisions of NEMA's Act that relates to States.These provisions resulted in the community and States unimpressive execution of their disaster management duties. Section 8 of .the Act provides for the establishment of State Emergency Management Committee (SEMC) which is synonymous to a Board without a platform (i.e. Agency) under which the decisions taken by it could be implemented. The legislation is also silent on the Local Government's roles in disaster management and sources of funding of State Emergency Management Committee.
It would be recalled that NEMA's Act was promulgated during the military regime in 1999 during which a somewhat unitary system of administration was practiced because of the command structure of the military. It was easy then for the Federal Government to get the States to set up Committees on Emergency Management, issue directives as to what should be done etc, in accordance with the provisions of NEMA's Act.
However, when the country returned to democratic rule in 1999, it became difficult for the Civilian Government at the centre to impose any structure or directives on any State or Local Government on disaster/emergency matters because it is not a function that could be exclusively or concurrently exercised by the Federal Government.

We are aware that disaster or emergency matters are not listed in either the Exclusive or the Concurrent Legislative list of the 1999 Constitution of the Federal Republic of Nigeria which implies that disaster matters automatically become part of the Residual matters on which the States have legislative competence even though the Supreme Court has affirmed the legality of the NEMA's Act in the case of A. G, Ondo State V A, Gs Federation reported in (2002) 9 NWLR (pt 772) 222 S. C. where it was held inter alia that "it would seem right to conclude that where a subject matter in its manifestation spreads across the states and even over the borders of Nigeria and is such that is best suited for legislation by the National Assembly upon a liberal construction of all relevant provisions of the Constitution, a legislation thus made cannot be said to be an interference with the affairs of the states just because it is made applicable all over the Federation.

Section 11 (1) and (3) and Section 14 (2) (b) of the 1999 Constitution by implication are also in support of the Federal legislation on disaster management since they are meant to promote and enforce the observance of the fundamental objectives and directive principles of State policy.

It is not impossible to remedy the shortcomings noticed in NEMA's Act by way of pushing for amendment to the Act. The snag there is that even in a situation where we have all necessary provisions regarding States and Local Government Emergency Management Agency in the Act, how do we enforce its provisions on the second and third tiers of Government?

How do we enforce the provisions of NEMA's Act of State?

Granted that the Federal Government is justified in legislating upon disaster/emergency matters, how then do we ensure compliance with the provisions of the Federal Legislation i.e. (NEMA's Act) by various State Governments in a democratic dispensation? It is a matter of fact that as at today majority of the States in the Federation are yet to have their disaster management outfits. States and Local Governments do not react promptly to disasters within their jurisdiction without looking up to the Federal Government (NEMA) for all the required disaster management support despite the fact that due allocations have been made at source from the ecological fund to the two (2) tiers of government.
NEMA's Governing Council is concerned about the non existence of disaster
management structures in some States and Local Governments in the Federation, because local disaster problems usually assume such proportions that they become a matter of concern to the Federal Government. It was because of this that Federal Government set up an ad-hoc committee headed by the Honourable Minister of Works, Senator Adeseye Ogunlewe, The Committee has the following terms of reference:-

(i) to look into the possible measures that should be taken for the enforcement of
the establishment of the States/Local Government Emergency Management
Agencies respectively.
(ii) To bring up, measures to sensitize the State and Local Governments on the extent of disasters that could involve Federal, States and Local Governments accordingly
(iii) To sensitize the States and Local Governments on the need to utilize the allocated
ecological funds for disaster management.
(iv) To sensitize States and Local Governments on the procedures for communication by the Local Governments to States and States to Federal Government on the appeal/response process in the event of disasters that is above their respective capacities, and;
(v) Any other related issue that needs to be tackled by the States and Local
Governments Emergency Management Agencies, The Committee met and resolved
that a National Policy on Disaster Management will provide answers to the issues raised by the Governing Council.

The draft National Policy on Disaster Management which we are here to consider addresses the following issues:
Objectives and imperatives of the policy;
Meaning of Disaster and its management;
Types of Disaster in Nigeria;
Components of Disaster Management;
Establishment of Disaster Management Agencies in State and Local Governments and
responsibility of each tier of Government i.e. Local, State and Federal Government;
Structuring of the Disaster Management Agency;
Establishment of collaborative network through the establishment of a National Council of Disaster Management and periodic interaction among Stakeholders;
Operational modalities of Disaster Management Agency i.e. response process;
Provision of training for disaster managers and volunteers;
Identification of relevant/available manpower for development;
Funding and judicious utilization of the monies meant for Disaster Management, and;
Enforcement provision that intervention at Federal level will be based on visible efforts by States and Local Governments.

From the above, we are expected to deliberate on the draft National Policy on Disaster Management with a view to putting in place appropriate policy that will enhance the practice of disaster management in the country so as to meet the challenges posed by increasing frequency and magnitude of disaster.
It is our prayers that at the end of this deliberation, we shall be able to come out with a detailed, all embracing disaster management policy with the possibility of managing disasters throughout our society to prevent or limit the adverse impacts of hazards within the broad context of sustainable development.