Decree No. (4)
of 2021
Concerning the
Supreme Committee of Emergency,
Crisis, and
Disaster Management in the Emirate of Dubai[1]
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We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law by Decree No. (2) of 2011 Establishing the National Emergency,
Crisis, and Disasters Management
Authority, and its amendments;
Law No. (5) of 1995 Establishing the Department of Finance;
Law No. (3) of 2003 Establishing the Executive Council of the
Emirate of Dubai;
Law No. (1) of 2016 Concerning the Financial Regulations of the
Government of Dubai;
Decree No. (22) of 2006 Establishing the Crisis and Disaster
Management Team;
Decree No. (28) of 2015 Concerning Governance of the Boards and
Committees Affiliated to the Government of Dubai;
Executive Council Resolution No. (14) of 2006 Forming the Crisis
and Disaster Management Team;
Executive Council Resolution No. (6) of 2007 Appointing a Member to
the Crisis and Disaster Management Team;
Executive Council Resolution No. (7) of 2014 Appointing Members to
the Crisis and Disaster Management Team; and
Executive Council Resolution No. (19) of 2014 Appointing Members to
the Crisis and Disaster Management Team,
Do hereby issue this
Decree.
The following words and expressions, wherever mentioned in this
Decree, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of
Dubai. |
|
NCEMA: |
The National Emergency, Crisis, and
Disasters Management
Authority established pursuant to the above-mentioned Federal Law by Decree
No. (2) of 2011. |
|
SCCDM: |
The Supreme Committee of Emergency,
Crisis, and Disaster Management. |
|
Chairman: |
The chairman of the SCCDM. |
|
Risk: |
An incident or series of incidents which can occur
naturally or which are man-made, whether caused by mistake; as a result of negligence or
failure to follow proper procedures; or due to the existence of gaps which
lead to the occurrence of an Emergency, Crisis, or Disaster, causing material or moral
damage to members of the community, including injuries, deaths, loss of
property, or environmental, economic, social, and health damage. |
|
Emergency: |
A major event or series of events which cause significant damage to life or
property; which compromise public
order, the continuity of
government work, human health, the environment, or the economy; and which require special mobilisation in
coordination with the Concerned
Entities. |
|
Crisis: |
An incident or series of incidents
which are more complicated than an Emergency; which compromise the stability
of a large segment of society; and which undermine the ability of the Government to perform its duties. |
|
Disaster: |
An incident or series of incidents
which have occurred and caused significant damage, and from which recovery requires the cooperation of the
Government, Government Entities, and individuals. |
a.
The provisions of this Law apply to the Crisis and Disaster Management
Team established pursuant to above-mentioned Decree No. (22) of 2006.
b.
The name “Crisis and Disaster Management Team” is hereby replaced
by the “Supreme Committee of Emergency, Crisis, and Disaster Management”,
wherever mentioned in any local legislation in the Emirate.
c.
The SCCDM is hereby affiliated to the Executive Council.
The head office of the SCCDM will be located in the Emirate.
This Decree aims to:
1.
establish the SCCDM as the highest reference authority in the Emirate in charge of determining the ways to deal with Risks,
Emergencies, Crises, and Disasters;
2.
manage Risks, Emergencies, Crises, and Disasters that occur in the
Emirate to prevent them from developing or exacerbating; and mitigate their impacts;
3.
consolidate
the efforts
exerted in the Emirate by Government Entities and by the private sector in response to Risks,
Emergencies, Crises, and Disasters;
4.
determine frameworks for cooperation and coordination among the Concerned Entities to preserve lives and property before,
during, and after the occurrence of Risks, Emergencies, Crises, or Disasters; and
5.
ensure effective implementation of the Risk, Emergency, Crisis, and Disaster management system in accordance with the relevant
international best practices.
a.
For the purpose of achieving the objectives of this Decree, the
SCCDM will have the duties and powers to:
1. develop, and supervise
the implementation of, the general policy and strategic plans for management of
Risks, Emergencies, Crises, and Disasters;
2. adopt various plans
and scenarios to deal
with Risks,
Emergencies, Crises, and Disasters which may compromise public health and
safety, and the environment; protect lives and property; and determine the role of the Concerned Entities in implementing the same and ensure
their commitment to implementing plans for training on these scenarios;
3. consider all options
and methodologies required to manage Risks,
Emergencies, Crises, and Disasters; and adopt the best available methods in
this regard;
4. determine the roles
of the entities responsible for managing Risks, Emergencies, Crises, and
Disasters in the Emirate, based on the nature of each Risk, Emergency, Crisis,
or Disaster; determine the levels of escalation and warning required to deal with each Risk, Emergency, Crisis, or Disaster; and
verify compliance by the Concerned Entities with these escalation and warning levels;
5. coordinate and
cooperate with NCEMA on the identification and classification of Risk,
Emergency, Crisis, and Disaster management levels as well as the Preventive Measures and Preparedness for
Risks, Emergencies, Crises, and Disasters, in accordance with the mechanisms
and procedures applicable in this regard;
6. verify, in
coordination with the Concerned
Entities, that the infrastructure and various facilities in the Emirate are
compliant with the
requirements, and prepared, for dealing with various Risks, Emergencies, Crises, and
Disasters;
7. assess the situation
in the Emirate during Risks, Emergencies, Crises, and Disasters; determine the appropriate course of
action to deal with the same; take all
the appropriate measures and precautions; and issue the necessary decisions in
this regard;
8. review the periodic
reports submitted to it by the Concerned Entities in respect of the obstacles hindering the optimal
response to Risks,
Emergencies, Crises, and Disasters; and find the appropriate solutions to overcome
these obstacles;
9. identify the needs
of the Emirate for resources, facilities, machinery, equipment, and other requirements and means for management of
Risks, Emergencies, Crises, and Disasters;
10. maintain a register
containing the Risks and Threats that the Emirate may face and the mechanism to
deal with them before, during, and after their occurrence; and determine the
form of this register and the data that must be recorded therein;
11. supervise community
awareness plans and programmes in respect of Risks, Emergencies, Crises, and Disasters;
12. supervise the key
processes and procedures implemented at the Emirate's central operations rooms
for the management of Risks, Emergencies, Crises, and Disasters; and
distribute, through these rooms, the responsibilities and roles among the Concerned Entities;
13. propose legislation
related to dealing with Risks, Emergencies,
Crises, and Disasters;
14. approve the bylaws,
resolutions, and regulations governing the work of the SCCDM and its
sub-committees and work teams;
15. form permanent or temporary executive committees, sub-committees, and
work teams to assist it in performing its duties; determine the duties, powers,
and tenures of these committees and work teams; and approve the recommendations
and proposals submitted to it by them on matters related to dealing with Risks, Emergencies, Crises, and
Disasters;
16. seek, as it deems appropriate, the assistance of experts and specialists in areas related to Risk, Emergency,
Crisis, and Disaster management, whether from the Government Entities within or
outside of the Emirate or from the private sector; and
17. exercise any other
duties or powers assigned to it by the Ruler or the Chairman of the Executive
Council.
b.
The SCCDM may delegate any of its duties and powers under paragraph
(a) of this Article to any committee or committees comprised of members of the SCCDM
appointed by the Chairman, or to the executive committees, sub-committees, or work teams formed by the SCCDM, provided that this delegation
is specific and in writing.
a.
The Chairman will be appointed pursuant to a decree issued by the
Ruler.
b.
The SCCDM will be formed of not more than eleven (11) members,
including the Chairman and vice chairman. The SCCDM members will be appointed
pursuant to a resolution issued by the Chairman of the Executive Council.
Members of the SCCDM must include two representatives from the Vital Sectors in
the Emirate. The grade of an SCCDM member may not be lower than that of a Director General, or
a similar grade.
c.
At its first meeting, the SCCDM will elect, from amongst its
members, a vice chairman who will act as the Chairman where the Chairman is
absent or becomes incapable of performing his duties under this Decree, the
resolutions issued in pursuance hereof, and the legislation in force in the
Emirate.
a.
The SCCDM will be convened at the invitation of the Chairman, or
the vice chairman where the Chairman is absent, at least once every three (3)
months or where necessary, at the time and place determined by the Chairman or
the vice chairman.
b.
Meetings of the SCCDM will be valid if attended by the majority of
its members, provided that the Chairman or vice chairman is in attendance.
c.
Resolutions of the SCCDM will be passed by majority vote of the
attending members; and in the event of
a tie, the chair of the meeting will have a casting vote. Resolutions of the
SCCDM will be recorded in minutes of meetings to be signed by the chair of the
meeting and attending members.
d.
The SCCDM may seek the assistance of experts, specialists, and
consultants as it deems appropriate, in which case they will not have a vote in
its deliberations.
The above-mentioned Decree No. (28) of 2015 and the resolutions
issued in pursuance thereof will apply to the management of the meetings of the SCCDM and of
its executive committees, sub-committees, and work teams.
A rapporteur will be appointed to the SCCDM by the Chairman. The
rapporteur will be responsible for sending meeting invitations to SCCDM
members, preparing its meeting agendas, recording its minutes of meetings,
following up the implementation of its resolutions and recommendations, and
performing any other duties assigned to him by the Chairman.
a.
The SCCDM is the only Government Entity authorised to give
statements to the media in the event of Risks, Emergencies, Crises, or
Disasters.
b.
The SCCDM will have one (1) or more official spokespersons. The
Chairman will appoint, and determine the duties of, the spokesperson(s)
pursuant to a resolution he issues in this respect.
a.
The Chairman may, subject to the approval of the Ruler or his authorised
representative, issue the necessary resolutions on the measures and precautions
that must be taken before, during, and after the occurrence of Risks,
Emergencies, Crises and Disasters. This includes requiring any public servant
or person assigned to
perform a public service to continue to perform his duties or provide the
services assigned to him, and to be present, round the clock, at the workplace
or any other place designated by the
SCCDM, for purposes of protecting lives and property and maintaining the
functioning of Public Utilities and Vital Facilities. In such cases, the public servant or the person assigned to perform the public service will be prohibited from departing the UAE or leaving
the workplace without first obtaining a special permission from his employer.
b.
The Chairman may, subject to the approval of the Ruler or his authorised
representative, issue the necessary resolutions designating the areas or
facilities that are suitable for dealing with, mitigating the impacts of, addressing, and preventing the
exacerbation of, Risks, Emergencies,
Crises, and Disasters.
c.
The officials in charge of the entities concerned with management
of Risks, Emergencies, Crises, and Disasters must coordinate with the Chairman
to establish the standards and rules required for regulating the work of public
servants and persons
assigned to perform public services in accordance with
paragraph (a) of this Article.
d.
The Chairman will issue the resolutions required for the
preservation of lives and property during Risks, Emergencies, Crises, and
Disasters. This includes obliging community members to perform, or desist from, any act for
the purposes of achieving the public
interest.
The SCCDM will issue terms of reference that determine the
processes for performing its functions and duties.
a.
The Chairman, vice chairman, and members of the SCCDM, and of its
executive committees, sub-committees, and work teams, must not, during or after expiry of their term of membership,
disclose or divulge any written or verbal information which is confidential in
nature or pursuant to the legislation in force, unless they obtain a prior
relevant permission from the Chairman. They must not, in particular:
1. copy, retrieve,
transfer, or disclose any information, facts, or documents to which they have
access in the course of performing their duties;
2. use the information
to which they have access in the course of performing their duties for
unauthorised purposes;
3. misuse the
information they obtain as a result of their membership in the SCCDM or in its
executive committees, sub-committees, or work teams; or
4. allow any
unauthorised person to access information or documents related to their work.
b.
Upon forfeiture, termination, or expiry of membership of the
Chairman, vice chairman, or member of the SCCDM or of its executive committees, sub-committees, or work teams, he
must return all documents, papers, files, materials, tapes, discs, software, and
other SCCDM property in his possession, whether or not these include
confidential information.
c.
For purposes of implementation of this Article, the Chairman, vice
chairman, and members of the SCCDM and of its executive committees,
sub-committees, and work teams must sign the confidentiality and non-disclosure
undertaking adopted by the SCCDM.
In the event of Risk, Emergency, Crisis, or Disaster, the SCCDM
will submit to the Ruler periodic reports on the outcomes of the work, activities,
and accomplishments of the SCCDM, the obstacles it encounters, and the solutions and proposals
recommended by the SCCDM. The SCCDM periodic reports will be submitted to
Executive Council, whether or not there is a Risk, Emergency, Crisis, or Disaster.
All Government Entities, private sector establishments, and
individuals in the Emirate must fully cooperate with the SCCDM and its executive committees, sub-committees, work
teams, and assignees; provide the SCCDM
with the data, information, statistics, and studies it deems required for
achieving the objectives of this Decree; and assist and fully support the SCCDM
in achieving safe management of Risks, Emergencies, Crises, and Disasters.
The Chairman will determine the entity that will provide all
administrative and technical support to the SCCDM and to its executive
committees, sub-committees, and work teams, in order to enable the SCCDM to achieve the objectives
of this Decree and exercise the duties and powers assigned to it.
The SCCDM must coordinate with the Department of Finance, and the Concerned Entities in the Emirate, to determine the
financial resources required to enable the SCCDM to achieve the objectives of
this Decree and perform the duties assigned to it.
The Chairman will issue the resolutions required for the
implementation of the provisions of this Decree.
a.
This Decree supersedes the above-mentioned Decree No. (22) of 2006.
b.
The following Executive Council Resolutions are hereby repealed:
1. Executive Council
Resolution No. (14) of 2006 Forming the Crisis and Disaster Management Team;
2. Executive Council
Resolution No. (6) of 2007 Appointing Members to the Crisis and Disaster
Management Team;
3. Executive Council
Resolution No. (7) of 2014 Appointing Members to the Crisis and Disaster
Management Team; and
4. Executive Council
Resolution No. (19) of 2014 Appointing Members to the Crisis and Disaster
Management Team.
c.
Any provision in any other legislation will be repealed to the
extent that it contradicts the provisions of this Decree.
d.
The bylaws, resolutions, and regulations issued in implementation
of the above-mentioned Decree No. (22) of 2006 will continue in force, to the
extent that they do not contradict this Decree, until new superseding bylaws, resolutions,
and regulations are issued.
This Decree comes into force on the day on which it is issued, and
will be published in the Official Gazette.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 26 January 2021
Corresponding
to 13 Jumada al-Thaniyah 1442 A.H.
©2021 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.