Mayotte: what is the difference between “exceptional calamity” and “natural disaster”?

“Exceptional situation, exceptional means” : it is in these terms that François-Noël Buffet, resigning overseas minister, announced on X Wednesday December 18 the activation of the state of “exceptional natural calamity” in Mayotte, four days after the passage of Cyclone Chido which devastated the archipelago.

By using this device specific to overseas territories for the first time, the government intends to quickly restore vital services on the island and begin reconstruction, by delegating the implementation of emergency measures to local authorities. According to the overseas ministry, this will allow “faster and more effective management of the crisis”.

Shortened administrative deadlines

The law of February 21, 2022, relating to the decentralization of local public action, provides that the state of exceptional natural disaster can be activated in an overseas community “when a natural hazard of exceptional magnitude” has the consequences of “compromising the functioning of institutions” et “supply of basic necessities” and represents a “serious danger to public order and public health”.

As François-Noël Buffet explains, “this system has significant effects on the legal and administrative framework”. Its activation, by government decree, gives local authorities free rein to act in the face of the crisis.

Thus, the legal framework is simplified and administrative delays reduced in order to allow rapid decision-making, without going through all the usual regulatory levels. This is a sort of small state of emergency on an administrative level, the objective being in particular to quickly restore the functioning of institutions and basic public services.

The state of exceptional natural calamity is activated for one month and can be renewed for periods of two months. At the end of the system, the government is responsible for submitting a report to Parliament on its implementation, within six months, in order to list and evaluate all the measures taken.

The difference with the state of natural disaster

The law expressly indicates that the declaration of the state of exceptional natural calamity does not prevent the triggering of the procedure for establishing the state of natural disaster, another device demanded by the Mahorais after the passage of cyclone Chido.

Mentioned in the insurance code, a natural disaster is characterized by “the abnormal intensity of a natural agent” (flood, storm, drought, etc.) causing significant damage to the property of the insured. These phenomena are becoming more and more numerous due to global warming. Recognized by an interministerial decree, this state then allows compensation of victims for material damage.

Tuesday evening on France 2, as part of a special program on Mayotte, Prime Minister François Bayrou spoke of the imminent recognition of this state of natural disaster. This would allow Mahorais who have taken out home insurance to benefit from rapid compensation.

However, according to the Outre-mer channel La 1ère, this measure also has its limits in Mayotte. Only 10% of properties are covered, the rest consisting of precarious housing and informal constructions.