DISASTER VICTIMS

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DISASTER VICTIMS

• HERU SUSETYO
• Faculty of Law University of Indonesia
• Depok INDONESIA
• 11TH Asian Postgraduate Course
• on Victimology and Victim Assistance
• Depok , Indonesia - 26 July 2011

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Emergency and Disaster Hazard Mapping, Indonesia
(Emergency/Disaster Supermarket) URDI/ FKM-UI
NAD 2,3,4,5,6,7,13,14
W. Kalimantan 1,3,8,4,6,10,9,5,11,13,14
S. Kalimantan 3,10,5,13,14
C. Kalimantan 6.10,8,9,3,11,7, 14
E. Kalimantan 3,10, 8,9,5,14
N. Sulawesi 1,3,8,2,4,11,13,14
Gorontalo 3,14
C. Sulawesi 2,3,6,9,7,13,14
N. Sumatra 3,4,7,14
W Sumatra 1,2, 3,4,8,11,14
S. Sulawesi 3,4,6,7,13,14
Bangka Belitung 3,14
S.E Sulawesi 3,6,14
S. Sumatra 3,4,14
N.Maluku 2,4,6,7,9,13,14
Riau 3,5,7,8,14
Papua 2,3,4,6,7,9,11,13,14
Kep Riau 14 3
Lampung 2,3,14
Maluku 2,3,6,7,9,11,13,14
Bengkulu 2,4,14
NTT 1,3,6,9,11,2,13,4,5,14
Jambi 3,14
Jakarta 3,4,6,7,9, 14
W, Java 2,3,4,5,6,7,11,14
C. Java 1,2,3,4,5,9,11,12,14
Jogyakarta 1,11,14
E. java 1,2, 3,5,6,7,9 ,11,12,13,14,
Bali 2,3,4,6,7,9,14
NTB 3,6,2,9,4,5,11,7,14
Banten 2,3,5,12,14
Type of Emergency and Disaster

• Volcano 5. Hurricane 9. Disease
  outbreak 13. Tsunami
• Earthquake 6. Conflict 10. storm 14.
  Transportation
• Flood 7. Terrorism 11. Drought Accident
• 4. Landslide 8. Environment Pollution 12.
  Industrial Accident

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ACTIVE VOLCANOES DISTRIBUTION MAP IN INDONESIA
DEPARTEMENT OF ENERGI AND MINERAL
RESOURCES DIRECTORATE GENERAL OF GEOLOGY AND
MINERAL RESOURCES
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Tsunami and earthquake in Aceh, Indonesia
December 26th, 2004 (courtesy of BSMI)
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Yogyakarta Earthquake 27 May 2006

• Occurred on May 27, 2006 at 05.57
• Epicentrum 37.2km to the south of Yogyakarta
  (33 km depth)
• Human casualties 5778
• Affected areas Yogyakarta province and Central
  Java province
• Total houses/ building collapse/ partly destroyed
  307.000 (only in Yogyakarta province)

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VICTIMS NEEDS

• Following the disaster, the victims do need
  some assistances as follows
• Food (including special food and milk for baby),
• Sanitation and clean water
• Clothes (Including special clothes for women
• Permanent/ temporary shelter
• medicine
• education
• Coping with psychosocial trauma (PTSD Post
  Traumatic Stress Disorder)
• attention-affection-love.
• etc

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PROTECTION ISSUES FOR VICTIMS

• (Malanczuk, 2005)
• Access to humanitarian aid.
• Discrimination
• Involuntary relocation to, or exclusion from
  settlements and camps.
• Camp security and military presence.
• Protection of women and children
• Family reunification

• 7 Family reunification
• 8. Access to education
• 9. Loss of documentation
• 10. Participation of internally displaced persons
• 11. Voluntary return and resettlement
• 12. Property issues

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Rights-based Approach related to Disaster Victims

• (Raj Kumar, 2005)
• According to UNDP, a rights-based approach
  underlines
• the importance of participation
• Equality
• Non discrimination
• Access to opportunities in society by ensuring
  that the rule of law, transparency, and
  accountability is protected and good public
  management practices are followed in institutions.

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LESSON LEARNED FROM INDONESIAN NATURAL DISASTERS
DAMAGES IN DISASTER

• HUMAN CASUALTIES
• ANIMAL AND PLANTS
• PROPERTY DAMAGES
• ENVIRONMENTAL DAMAGES
• LIFELINES DAMAGES

• INFRASTRUCTURE DAMAGES
• ECONOMICAL DAMAGES
• LEGAL-SOCIAL PROBLEMS
• POLITICAL PROBLEMS

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Problem in Rehabilitation and Reconstruction
(housing)

• Unequal disbursement of financial assistance
• discrimination
• Wrong allocation in providing reconstruction
  funds
• Data not available
• corruption

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Disaster Victimization in Indian Ocean Tsunami
December 2004

• Victimizer nature?
• Victims direct victims (people living
  surrounded the affected areas) and indirect
  victims, the families, etc.
• Secondary victimizer government officials,
  victim assistants, law enforcement authorities,
  local people, etc.
• Corruption, lack of transparency
• Problem with Compensation

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Secondary victimizer?
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• Victims are regarded as obscure or unimportant,
  even invisible. The suffering and plight of
  victims, until recently, have been neglected in
  the minds and actions of legislators and chief
  executives of government, and even by those
  government agencies set up to support, protect,
  and defend victims
• (Sank and Sank Fischein in Underwood)

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Natural Disaster Victims Plight

• Disaster survivor in Aceh God was angry, so he
  punished the people by creating disaster,
• Please I dont want to talk about the disaster
  or about my son!
• (Kharismawan, 2005)

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Personal Accounts of Thailand Tsunami Victims

• Ive lost all my children !
• Ive lost my babies!
• Everything will be OK
• It wont be OK, I lost my children
• Why did this happen, Life is so cruel !
• (Krauss, 2005)

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• Kofi Annan (Former UNSG)
• number of deaths due to disaster 669.000
  people from 1994 2003
• Death in conflicts (13.000.000)
• Number of refugees and internally displaced
  persons in 2003 gt 35.000.000
• (Malanczuk, 2005)

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What is Disaster?

• Disaster can be defined as a serious disruption
  of the functioning of a society causing
  widespread human, material, financial, and
  environmental losses which exceed the ability of
  the society to cope using its own resource
  (PNDCC, 1996)
• Or a sudden or great misfortune, calamity, or a
  sudden calamitous event producing great material
  damage, loss, and distress (Dejoras, 1997).

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hazard

• Potentially damaging physical event,
  phenomenon or human activity that may cause the
  loss of life or injury, property damages, social
  and economic disruption, or environmental
  degradation.
• Hazards can include latent conditions that may
  represent future threats and can have different
  origins, natural (geological, hydrometeorological,
  and biological) or induced by human processes
  (environmental degradation and technological
  hazards).

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Natural Disaster

• Natural disasters roughly fall into three broad
  groupings
• (1).Geological events, triggered by the internal
  workings of our planet
• (2) Meteorological events, caused by variations
  in global weather patterns
• (3) Biological disasters, resulting from the
  actions of living agents such as diseases or
  insect pest.
• They can occur separately or together, and
  are generally, although not always, unrelated.
  Natural disasters are also known as acts of God
  because they can strike with little or no warning
  and without any apparent direct human involvement
  (Coenraads, 2006).

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Current Legal Status of Disaster Relief

• Current status of international law regarding
  disaster relief is considered to be highly
  unsatisfactory (Malanczuk, 2005)
• There is no definite, broadly accepted source of
  international law which spells out legal
  standards, procedures,rights, and duties
  pertaining to disaster response and assistanceno
  systematic attempt has been made to pull together
  the disparate threads to existing law to
  formalize customary law or to expand and develop
  the law in new ways.(IFRC in Malanczuk, 2005)

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Current Legal Status of Disaster Relief (2)

• The principle of state sovereignty, still an
  ambiguos cornerstone of international law, has
  often been a major obstacle in the absence of
  bilateral or regional treaties. The experience
  with the Asian tsunami disaster has underlined
  this major deficit.
• The prevailing principles on disaster victims (in
  this case is IDPs) are soft law (legally non
  binding principles)
• (Malanczuk, 2005)

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International Disaster Response Law

• Initiated by Red Cross and Red Crescent societies
• Containing guiding principles and practice on
  international disaster response.
• SPHERE PROJECT humanitarian charter and minimum
  standards common to all sectors in disaster
  response (initiated in 1997)

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The Abandonment of Natural Disaster Victims

• The UN General Assemby, in Resolution 45/ 100
  declared the abandonment of victims of natural
  disasters without humanitarian assistance to
  constitute a threat to human life and an
  offence to human dignity.
• The resolution invites all states whose
  populations are in need of humanitarian
  assistance to facilitate the work
  oforganizations in implementing humanitarian
  assistance, in particular the supply of food,
  medicines, and health care, for which access to
  victims is essential
• (Raj Kumar, 2005)

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The Abandonment of Natural Disaster Victims(2)

• There is a lack of attention to human rights
  protection and that measures need to be taken to
  address issues such as discrimination(this was
  echoed in the tsunami aftermath reports of India
  and Indonesia by Human Rights Watch and Amnesty
  International.
• Problem with corruption and the need for
  transparency in the distribution of aid
• (Raj Kumar, 2005)

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Rights-based Approach in Disaster Management

• Focusing on rights-based approaches to disaster
  management ensures accountability becomes a core
  component. According to UNDP, a rights-based
  approach underlines the importance of
• Participation
• Equality
• Non discrimination
• Rule of law
• Transparency and accountability
• Good public management practices

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VICTIMOLOGICAL PERSPECTIVE ON DISASTER VICTIMS (1)

• Since the principal victims of disaster are the
  persons who are affected by the disaster, there
  is a need for them to receive the most immediate
  attentions.
• Victims of disasters include not only persons
  directly affected by the disaster, but also those
  indirectly harmed by the disaster such as a
  family, one of whose members has died or is
  otherwise adversely affected.
• (Chockalingam, 2005)

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VICTIMOLOGICAL PERSPECTIVE ON DISASTER VICTIMS (2)

• The victimological perspective on disaster
  centrally locates the victims in the discourse
  relating to disaster management.
• The victimological perspective regarding disaster
  management attempts to emphasize developing a
  framework whereby the rights of disaster victims
  are duly-protected, and victims receive the
  required assistance in the aftermath of
  disasters.
• (Chockalingam, 2005)

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VICTIMOLOGICAL PERSPECTIVE ON DISASTER VICTIMS (3)

• Disaster victimization requires a response which
  places victims at the center of attention.
• The response mechanism need to be based upon the
  needs of victims.
• Need to recognize the unique vulnerabilities of
  children and women during disasters
• Extending their area focus of criminal justice
  system
• Recognizing the rights of disaster victims expand
  the scope of victimology.
• This expansion requires developing
  inter-disciplinary approaches to disaster
  management.
• (Chockalingam, 2005)

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VICTIMOLOGICAL PERSPECTIVE ON DISASTER VICTIMS (4)

• A victimological account of disasters needs to be
  emphasize the importance of developing a viable
  system of disaster preparedness that ensures that
  countries are better prepared for disaster and is
  able to respond to them.
• Such measures involve planning, recognizing the
  plight of disaster victims, and developing
  strategies for addressing their needs.
• (Chockalingam, 2005)

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MEASURES TO BE TAKEN

• Theoretical victimology should takes serious note
  of disaster victims
• Formulates response strategies, and suggesting
  policies and mechanisms for providing the
  necessary assistance and other forms of relief to
  victims of disasters.
• Identifying key actors to participate in a
  network for disaster management
• Establising victim-focused approach in disaster
  management
• (Chockalingam, 2005)

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Three definitions of Victim

• The crime victim
• The universal concept of victims (Mendelsohn)
• The victim of violations of human rights
  including crime
• (Kirchhoff Morosawa, 2009)

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Ezzat Fattah on Victimology (1)

• (Ezzat Fattah, 2002)
• Victimology, the study of crime victims, their
  characteristics, their relationship to, and their
  interactions with, their victimizers, their role
  and their actual contribution to the genesis of
  crime, offers a great promise for transforming
  etiological criminology from a static, one-sided
  study of the traits and attributes of the
  offender into a dynamic, situational approach
  that views criminal behaviour not as a unilateral
  action but as the outcome of dynamic processes of
  interaction.

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Ezzat Fattah on Victimology (2)

• The study of the victims is and will always
  remain an integral part of criminology. Any
  attempt to separate victimology from criminology,
  or to treat it as an independent or autonomous
  discipline is bound to fail.

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VICTIMOLOGY AND VICTIMIZATION(Shichor and
Tibbets, 2002)

• Victimology focused on individual victims of
  violent crimes committed by individual
  perpetrators.
• Gradually, victimological studies expanded to
  organizations and corporations as victim and
  victimizers.
• Victimology is in the process of delineating its
  focus of study, defining its key concepts,
  theoretical approaches, refining its
  data-collection methods, and generally trying to
  establish itself as a legitimate and independent
  discipline.

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VICTIMOLOGY DISASTER VICTIMIZATION (2)

• Victimology is interested in the process of
  becoming a victim (which social, group,
  institutional and individual conditions lead to
  these processes?) gt victimization.
• Victimology looks at reactions, reactions to
  victims and reactions to victimization.
• (Kirchhoff, 2005).
• What about disaster victimization?

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Mendelsohn General Victimology Victimology

• Beniamin Mendelsohn continued to develop his
  ideas about victims for crime until he arrived at
  the theory of general victimology. Its purpose
  was to help victims of all kinds -including
  victims of beyond human control (Hoffman, 1992
  90).
• Mendelsohn developed the concept of victimity
  whole of the socio-bio-psychological
  characteristics, common to all victims in
  general, which society wishes to prevent and
  fight, no matter what their determinants are
  (criminal or others).

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