AADMER DL Mapping

Cambodia

National implementation of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER)

Overview of the DRM System

Cambodia has a Type D DRM System – Covers the full spectrum of disaster risk management: some elements of DRR, prevention, preparedness, early warning, mitigation, emergency management /response, and early recovery. Establishes specialist national institutions for DRM coordination and at least some local structures or roles. ​This is the most common type of DRM law found amongst countries with medium to high exposure to hazards that have adopted DRM laws since the mid 1990s. It is not necessarily based on a single law, but may be a mix of laws, regulations and assigned ministerial roles under executive government powers.
Legal framework
​The DRM system is based on the Law on Disaster Management 2015 (DM Law).
The disaster risk management framework and relative responsibilities of the institutions are set out in broad terms within the law, but the law also relies on details to be set out in decrees.
A new 2015 Royal Decree on the role and functioning of the National Committee for Disaster Management has already been made, in accordance with the DM Law. Other decrees are under development.
Key national institutions
The DM Law states that the National Committee for Disaster Management (NCDM) is the headquarters of the Royal Government of Cambodia on disaster risk management.
Under the DM Law, the day-to-day operation of the NCDM is governed by a Secretariat-General, focal points in line government ministries, and Sub-National Committees for Disaster Management down to local level, which have a key operational role.
Sub-national structures
​The DM Law requires the establishment of “Sub‐National Committees for Disaster Management, including City and Provincial Committees for Disaster Management, Town and District Committees for Disaster Management and Commune Committees for Disaster Management,” and that their new organizational structure and functions will be determined by sub-decree (Art.9).
DM Law Article 19 also sets out responsibilities for local level structures in the form of commune-sangkat, town, and district-khan committees for disaster management.
Funding and budget
The DM Law Chapter 7 provides NCDM with a national budget and authorizes it to receive other external funds in compliance with the legal procedures and regulations in force (Articles 38, 39):
The law also requires the NCDM to issue a guideline to the other government agencies at national and local level, on reserving assets for disaster relief and emergency response (DM Law Art. 17).
Integration of the AADMER and AHA Centre
The National Focal Point for the AADMER / AHA Centre is appointed by the Royal Government of Cambodia, in accordance with the AHA Centre Agreement, and is currently the NCDM.
Provision on international and regional assistance
As one of the most comprehensive and recent set of provisions on international cooperation, the DM Law chapter 5 is provided in its entirety.
DM Law 2015, CHAPTER 5 – INTERNATIONAL COOPERATION AND ASSISTANCE (unofficial translation)

Article 28.-
In the name of the Royal Government, the NCDM is the leader in coordination and implementation of international cooperation, collaboration and international assistance in terms of budget, resources and materials for the disaster management activities including the implementation of bilateral, multilateral, regional and international agreements on disaster management and joint multi-lateral response in the period of the disaster and/or emergency.
Article 29.-
Charitable persons, international organizations, development partners, representatives of foreign missions and embassies can support and provide assistance for disaster management activities and humanitarian response in the Kingdom of Cambodia through the NCDM.
Article 30.-
NCDM shall set up a system to provide the coordination and cooperation in managing the international assistance for disaster management activities with transparency and efficiency.
Article 31.-
Every tax and duty imposed on assistance for disaster management and humanitarian response activities being provided to Cambodia shall be borne by the state.
Article 32.-
In the event that the disaster extent is greater than the response capacity of the country, the Royal Government, upon the request of NCDM, shall appeal to the international community for emergency response and recovery assistance.
Upon the commitment of international communities to provide assistance, NCDM could:
1.              Declare the acceptance of international assistance.
2.              Command the relevant authorities to cooperate and collaborate with donors and international response teams in the response operation.
3.              Authorize the utilization of international assistance to be delivered into the country under special rules, regulations and procedures.
The recovery activities either under the grant or concessional loan shall comply with the legal procedures and effective regulations.
Article 33.-
Individuals or international institutions who are willing to provide assistance in terms   of budget, resources and materials to the Kingdom of Cambodia and international response teams shall inform the Ministry of Foreign Affairs and International Cooperation and notify NCDM about this assistance including budget, resources, materials, number of people and expertise available to deploy for the disaster relief and emergency response operation.
International assistance agencies and international response personnel who have come to fulfil the disaster response tasks in the Kingdom of Cambodia territory shall respect and abide by the rules, regulations, cultures and customs of the Kingdom of Cambodia and shall cooperate with NCDM, relevant institutions, competent authorities, and communities in performing their duties.
Article 34.-
NCDM and the relevant ministries-institutions shall facilitate all requirement procedures in order to provide support to the international response personnel for the import of materials, equipment, facilities and humanitarian assistance, as well as registration of those international institutions, the granting of special visas, and other services as deemed necessary.
The specific procedure on granting visa to personnel of the international response teams and the import of materials, equipment, facilities and humanitarian assistance shall be determined by a Sub-Decree.
AADMER DL Mapping

Laws, policies, plans and other resources

DRM law and recent decrees

 

2015 Disaster Management Law
2015 Royal Decree on Organization and Functioning of the National Committee for Disaster Management (Khmer)
2015 Royal Decree on Organization and Functioning of the National Committee for Disaster Management (English)
2016 Royal Government of Cambodia Resolution (Nº: 20 SSR) Appointment of the Components of the National Committee for Disaster Management (Khmer)
2016 Royal Government of Cambodia Resolution (Nº: 20 SSR) Appointment of the Components of the National Committee for Disaster Management (English)

Earlier DRM and climate decrees, policies and plans

 

2002 Sub-decree National Committee for Disaster Management (Khmer)
2002 Sub-decree National Committee for Disaster Management (English)
2006 National Adaptation Program of Action to Climate Change
2006 National Plan on Avian and Human Influenza
2009 National Comprehensive Human and Avian Influenza Plan
2010 NCDM Direction (No. 315) Implementation of Direction on Community‐Based Disaster Risk Management (CBDRM)
2012 RGK Sub-Decree of Cambodia Food Reserve System
2012 Strategic Plan on Climate Change for the Disaster Management Sector
2014 Climate Change Action Plan for Disaster Management 2014-2018
2014 National Action Plan for Disaster Risk Reduction (NAP-DRR) 2014-2018
2014 Royal Government of Cambodia Resolution (No. 115 SSR), Establishment of Coordination Task Force for Preparedness, Emergency Response and Recovery of the National Committee for Disaster Management (Khmer)
2014 Royal Government of Cambodia Resolution (No. 115 SSR), Establishment of Coordination Task Force for Preparedness, Emergency Response and Recovery of the National Committee for Disaster Management (English)