This Undergraduate Thesis is submitted as one of the requirements to obtain the
decree of Bachelor of Laws at Faculty of Law
Universitas Muhammadiyah Yogyakarta
Name : Mohammad Hazyar Arumbinang
Student Number : 20120610180
Faculty : Law
Major : Law Science (International Program for Law and Sharia)
Field of Study : International Law
FACULTY OF LAW
iv
I hereby declare that the Undergraduate Thesis which is entitled “THE
IMPLEMENTATION OF INTERNATIONAL DISASTER RESPONSE
LAWS TOWARDS INDONESIAN SOVEREIGNTY” its content is truly the
work of my own and I did not do plagiarism or quotation in ways that are
inconsistent with the prevailing ethnic in the scientific community. On this
statement, I am ready to bear the risk/any sanctions imposed to me in accordance
with applicable regulations, if in the future found a breach of scientific ethics, I
am willing to accept the sanctions.
Written by
Name : Mohammad Hazyar Arumbinang
Student Number : 2012061080
Faculty : Law
Major : International Program for Law and Sharia University : Universitas Muhammadiyah Yogyakarta
Yogyakarta, May 25th, 2016
v
My Lord, Allah SWT
Prophet Muhammad SAW
My beloved parents
Drs. Mohammad Zainal Hafid
Dra. Neng Indra Diansih
My lovely brothers
Mohammad Bima Auron Haiz
vi
Gracious who has given me His blessing and an opportunity to accomplish my
Undergraduate Thesis entitled The Implementation of International Disaster Response Laws Towards Indonesian Sovereignty at Universitas Muhammadiyah Yogyakarta. First of all, I am indebted particularly to two people
who have given me encouragement, intellectual stimulation and guidance. They
are my advisors: Dr. M. Nur Islami, S.H., M.Hum and Yordan Gunawan, S.H.,
Int. MBA. Their corrections, critical remarks and suggestions have allowed me to
develop my ideas and prepare this thesis. I also owe special thanks to Dr. Sri
Rejeki Murtiningsih, who did a great deal to correct and improve my English text.
I would like to express my deepest gratitude to several lecturers at Faculty
of Law Universitas Muhammadiyah Yogyakarta who have shared their
knowledge in the process of my study, they are Nasrullah, H., S.H., S.Ag., MCL
as director of International Program for Law and Sharia (IPOLS), Iwan Satriawan,
S.H., MCL., Ph. D who always motivate and guide me to be a good students and
Dr. Trisno Rahadjo, S.H., M. Hum as the dean of Faculty of Law Universitas
Muhammadiyah Yogyakarta. My deepest appreciations also go to all staff at the
Faculty of Law for their assistances during my study at Universitas
Muhammadiyah Yogyakarta.
I would like to express my sincere appreciation to all of my gorgeous
vii
This is special thanks goes to all my fellows’ best friends of Pinrang, Andi
Prama Wijaya SAR, Wahyu Ridha Rahma Agustiana, Andi Novita Annisa Aslam,
Andi Adelia, Andi Nurfadillah, Andi Sakti Saputra, Satrio Angga Murti and all of
my best friends that I cannot mention one by one, I Love you all.
Extraordinary thanks for my ‘family’ KPS PETITA FH UMY, Yovi
Cajapa Endyka, Zuhdan Fuad Reisnansyah, Andika Putra, Endah Dian Ariani,
Dewi Kesuma Handayani, Julian Duwi Prasetia, Firmansyah Fadli, Hilmi
Prabowo, Venny and Nurul. Also, to all of my gorgeous friends in LSDC (Law
Students Debate Community) of Faculty of Law of UMY, Rofi Aulia Rahman,
Bagus Priyo Prasojo, Munandar, may Allah bless you all here and hereafter.
Personally I would like to extend my thank to my prestigious best friends,
Elida Rahajeng Puspitasari, Khoirunnisa Aganovilia, Apriana Daru Prabowo
Wati, Suci Mardatillah, Hary Abdul Hakim and Fachrul Muhammad who always
accompany me in every moment during finishing my studies in Yogyakarta. Om
Dodi and Tante who be my parents in Yogyakarta.
I am deeply grateful to my father and mother, Drs. Mohammad Zainal
Hafid and Dra. Neng Indra Diansih, for their understanding and sacrifice to
support my study. Your prayer, guidance and affection are being my strength all
viii
human beings. Amin. Above all, alhamdulillah, thank you Allah.
Yogyakarta, May 2016
ix
ENDORSEMENT PAGE ... iii
DECLARATION PAGE ... iv
DEDICATION ... v
FOREWORD ... vi
TABLE OF CONTENTS ... ix
LIST OF TABLES ... xii
LIST OF FIGURES ... xiii
LIST OF STATUTES ... xiv
LIST OF ABBREVIATIONS ... xvi
CHAPTER ONE: INTRODUCTION A. Background of Research ... 1
B. Research Problem ... 4
C. Objective of Research ... 4
D. Benefits of Research ... 4
E. Systematic of Writing ... 6
CHAPTER TWO: LITERATURE REVIEW A. Natural and Man-Made Disaster ... 9
B. International Disaster Response Law ... 12
x
C. Legal Material ... 19
1. Primary Legal Material ... 19
2. Secondary Legal Material ... 19
3. Tertiary Legal Material ... 21
D. Method of Collecting Data ... 22
E. Method of Data Analysis ... 22
CHAPTER FOUR: FINDING AND ANALYSIS A. Disaster Potential Threat of Indonesia ... 23
1. Volcanic Eruptions in Indonesia ... 25
2. Earthquake in Indonesia ... 27
3. Tsunami in Indonesia ... 30
4. Floods in Indonesia ... 33
B. The Legal Framework for Disaster Management ... 36
1. International Regional on Disaster Management ... 36
2. ASEAN Regulation on Disaster Management ... 43
C. The Implementation of International Disaster Response Law of Indonesia ... 48
xi
Emergency Response ... 55
4. Case Studies of International Assistance during Disaster
Emergency Response in Indonesia ... 58
CHAPTER FIVE: CONCLUSION AND RECOMENDATION
A. Conclusion ... 72
B. Recommendation ... 72
xii
xiii
4. 2 Earthquake Risk Zone Map of Indonesia (MAIPARK 2010) ... 29
4. 3 Tsunami Disaster Risk Map of Indonesia ... 31
4. 4 Level of Disaster Potential Threat in Each Region in Indonesia ... 35
4. 5 Massive Destructions of Earthquakes Effect in Padang ... 60
4. 6 International Assistance Rescue Workers Conducting Meeting before Carrying Out Activities as Dusk Settles in Padang ... 61
xiv Law No. 24 of 2007 on Disaster Management.
Government Regulation No. 21 of 2008 on Disaster Management.
Government Regulation No. 22 of 2008 on Disaster Aid Financing Management Government Regulation No. 23 of 2008 on Participation of International
Organizations and Foreign Non- Governmental Organization in Disaster Management.
Head of BNPB Regulation No. 22 of 2010 on Guideline on the Role of International Organization and Foreign Non-Governmental Organization During Emergency Response.
International
UN Convention on the Privileges and Immunities of the Specialized Agencies 1947.
UN Convention on the Privileges and Immunities of the United Nations 1946. UN Convention on the Safety of United Nations and Associated Personnel 1994. UN General Assembly Resolution 46/182, 1991.
UN General Assembly Resolution 57/150, 2002. UN Principles on Internal Displacement.
Agreement on Disaster Management and Emergency Response, 2005.
ASEAN Agreement on Disaster Management and Emergency Assistance 2005. ASEAN Declaration on Mutual Assistance on Natural Disasters, 1976.
Charter on Cooperation to Achieve the Coordinated Use of Space Facilities in the Event of Natural or Technological Disaster of 2000.
Convention Establishing the International Relief Union of 1927.
Convention on Assistance in the Case of Nuclear Accident or Radiological Emergency 1986.
Convention on Early Notification of a Nuclear Accident of 1986. Convention on Temporary Admission of 1990.
Council’s of Europe Agreement on the Prevention of, Protection against, and
Organization of Relief in Major Natural and Technological Disaster of 1987.
Declaration on Action to Strengthen Emergency Relief, Rehabilitation, Reconstruction and Prevention on the Aftermath of Earthquake and Tsunami Disaster of 2004.
EUR-OPA Major Hazards Agreement 1987.
Framework Convention on Civil Defense Assistance of 2000.
xv
Inter-American Convention Disaster Assistance, 1991.
Inter-American Convention to Facilitate Disaster Assistance of 1991. The Guideline of International Disaster Response Law, 2007.
Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1997.
Optional Protocol to UN Convention on the Safety of United Nations and Associated Personnel, 2005.
The Agreement on the ASEAN Food Security Reserve of 1979.
The ASEAN Agreement for the Facilitation of Search of Ship in Disasters and Rescue of Survivors of Ship Accidents of 1975.
The ASEAN Agreement for the Facilitator of Search of Ships in Disasters and Rescue of Survivors of Aircraft Accidents of 1972.
The ASEAN Agreement on Transboundary Haze Pollution of 2002.
The Hyogo Framework for Action (HFA) 2005-2015: Building the Resilience of Nations and Communities to Disasters adopted at the Second UN World Conference in Hyogo, 2005.
The International Convention on the Simplification and Harmonization of Customs Procedures as amended in 1999.
The International Strategy for Disaster Reduction of 1999. The measures to Expedite International Relief of 1977.
The Principles and Rules of Red Cross and Red Crescent in Disaster Relief as amended in 1995.
The Sendai Framework for Disaster Risk Reduction 2015-2030 adopted at the Third UN World Conference in Sendai, 2015.
The Seville Agreement on the Organization of International Activities of the Components of the International Red Cross and Red Crescent Movement of 1997.
The statues of the International Red Cross and Red Crescent Movement as amended in 1995.
The supplementary measures to enhance the implementation of the Seville Agreement of 2005.
The Tampere Convention on the Provisions of Telecommunication Resources for Disaster Mitigation and Relief Operations of 1998.
The Yokohama Strategy for a Safer World: Guidelines for Natural Disaster Prevention, Preparedness, and Mitigation and its Plan of Action, adopted in 1994.
xvi
AADMER ASEAN Agreement on Disaster Management and
Emergency Response
ACDM ASEAN Committee on Disaster Management
AHA CENTRE ASEAN Coordinating Centre for Humanitarian Assistance
on Disaster Management
ARPDM ASEAN Regional Programme on Disaster Management
ASEAN Association of Southeast Asian Nations
BIN Badan Intelijen Nasional
BNPB Badan Nasional Penanggulangan Bencana
BPBD Badan Penanggulangan Bencana Daerah
ECHO European Commission for Humanitarian Aid
HFA Hyogo Framework for Action
IASC Inter-Agency Standing Committee
IFRC International Federation of Red Cross and Red Crescent
Societies
IDRL International Disaster Response Law
IHL International Humanitarian Law
INSARAG International Search and Rescue Advisory Group
MCDA Military and Civil Defense Assets
xvii
SATKORLAK Satuan Koordinatior Pelaksana
TAC Treaty of Amity and Cooperation
TNI Tentara Nasional Indonesia
UN United Nations
UNISDR United Nations International Strategy for Disaster Risk
Reduction
UNICEF United Nations International Chidren’s Emergency Fund
i
Merapi volcanic eruption are the natural disaster with causing a severe destruction which is beyond the capacity of the host state. The international humanitarian assistance by international organizations and foreign non-governmental organizations needed due to help the host state. The International Federation of Red Cross and Red Crescent Societies initiated the International Disaster Response Law (IDRL) and in 2008, the UN General Assembly adopted three resolutions concerning it. In 2007, Indonesian Government enacted Law N0. 24 of 2007 on Disaster Management in responding it. This legal instrument as a legal basis for the international communities to help affected state during emergency disaster response. However, the sovereignty of host state must be respected in giving humanitarian assistance during the disaster response. Regardless of the severity of a disaster or the number of victims waiting to be rescued, state sovereignty cannot be superseded due to that reason. In fact, the international organizations and foreign non-governmental organization might be violating the Indonesian sovereignty when giving humanitarian assistance during disaster emergency response situation. The objective of the research is to know does the implementation of International Disaster Response Laws upon Indonesia give the opportunity to an international organization and foreign non-governmental organization during disaster emergency response violated the sovereignty of Indonesia. By using normative legal research with statute approach and case approach, the research found that the implementation of International Disaster Response Laws of Indonesia during the disaster emergency response clearly gives an opportunity for the international organization and foreign non-governmental organization to violated the sovereignty of Indonesia.
1
CHAPTER ONE INTRODUCTION
A. Background of Research
During the past decade, natural and man-made disasters at various scales
continue to increase by the year in Indonesia. Experiences haves shown that
local governments and stakeholders with their capacity have proved their
ability to handle small and medium scale emergency response, but for some
circumstance the affected state sometimes cannot deal with this issue. For
example, the large and mega scale natural disaster mitigation beyond the
capacity of the local stakeholders are the 2004 tsunami in Aceh, the 2009
earthquake West Sumatera and the 2010 Mount Merapi volcanic eruption in
Yogyakarta.1 In these cases, the local governments and other stakeholders,
including the local community, so far needed the support and assistance of
international organizations and foreign non-government organizations during
disaster response.
The occurrence of disasters in Indonesia as well as in other countries has
drawn the attention as well as support and assistance from the international
community. As part of commitment towards partnership with local and global
cooperation, especially if the disaster involves the loss of many lives and is
beyond the capacity of the affected state, no state refuses to accept the
international assistance during emergency response without any due reason.2 The international community has put this issue as one of the crucial
issues. Therefore, some treaties have agreed to deal with this issue. Recently,
the International Federation of Red Cross and Red Crescent Societies3 initiated the International Disaster Response Law (IDRL) Project with the aim
of reducing the vulnerability and suffering of people affected by disasters.4 The IDRL has resulted in some importance conclusions and fundamental
principles in order to guide the State or other international entities that
recognized under international law in giving the humanitarian assistance
(disaster relief) to the host state. Furthermore, there is one of the most
importance principles, which has been agreed among states on this issue, that
is the sovereignty of host state must be respected in giving humanitarian
assistance during the disaster response. Regardless of the severity of a disaster
2 Ibid.
3 The International Federation of Red Cross and Red Crescent Societies (IFRC) was founded
in 1919 in Paris in the aftermath of World War I. The war had shown a need for close cooperation between Red Cross Societies, which, through their humanitarian activities on behalf of prisoners of war and combatants, had attracted millions of volunteers and built a large body of expertise. A devastated Europe could not afford to lose such a resource. It was Henry Davison, president of the American Red Cross War Committee, who proposed forming a federation of these National Societies. An international medical conference initiated by Davison resulted in the birth of the League of Red Cross Societies, which was renamed in October 1983 to the League of Red Cross and Red Crescent Societies, and then in November 1991 to become the International Federation of Red Cross and Red Crescent Societies. See more at http://www.ifrc.org/en/who-we-are/history/#sthash.ENK4lqpp.dpuf accessed on February 26, 2016 at 08:15 PM.
4 Vishnu Konoorayar, “Disasters: Global Response to the Challenges”, AALCO Quarterly Bulletin,
or the number of victims waiting to be rescued, state sovereignty cannot be
superseded due to that reason.5
Indonesian Government tries to deal with those barriers through the
enactment of Law No 24 of 2007 on Disaster Management and some other
Laws6. In addition, during that established a new National Agency for Disaster Management (BNPB)7 to manage these new areas. Through those
Laws also, the government regulates the role and mechanism of international
organization and non-governmental organization in giving the humanitarian
assistance during disaster response situation. Yet, these laws still face a basic
weakness, by giving the international organizations and non-governmental
organizations a chance to violate the Indonesian sovereignty.
Evidence shows some international organization and non-governmental
organization might be violating the Indonesian sovereignty when giving
humanitarian assistance as disaster relief during disaster response situation.
5 Allen Yuhung Lai, et al., “A Proposed ASEAN Disaster Response, Training and Logistic Centre Enhacing Regional Governance in Disaster Management” Springer-Verlag, Volume XVI, (March, 2009). p. 4.
6 Government Regulation No. 21 on Disaster Management, Government Regulation No. 22 of 2008 on
Disaster Aid Financing and Management, Government Regulation No. 23 of 2008 on Participation of International Organizations and Foreign non-government Organizations in Disaster Management and Head of BNPB Regulation No. 22 of 2010 on Guideline on the Role of International Organization and Foreign Non-Governmental Organization During Emergency Response.
7 In response to the current disaster management system, the Indonesian government was highly
By looking at those facts, it is interesting to evaluate on the implementation of
International Disaster Response Laws in Indonesia and to investigate whether
it violates the Indonesian sovereignty during the disaster response situation.
B. Research Problem
Does the implementation of International Disaster Response Laws upon
Indonesia give the opportunity to an international organization and foreign
non-governmental organization during disaster emergency response violated
the sovereignty of Indonesia?
C. Objective of Research
The objective of this research is to know whether the implementation of
International Disaster Response Laws of Indonesia gives the opportunity to an
international organization and foreign non-governmental organization to
violate the sovereignty of Indonesia based on sovereignty principles.
D. Benefits of Research
1. Theoretical Advantages
The research would give theoretical understanding on how the
International Disaster Response Laws Guide and other international
instrument are implemented with regard to the Indonesian sovereignty
and foreign non-governmental organization during disaster response.
Furthermore, it would also analyze to what extend state sovereignty, in
this case the Indonesian sovereignty, still remains at the international level
during the emergency response situation, since according to some scholar
the sovereignty principle is one of the basics of International Laws.
2. Practical Advantages
The research would describe the gap between the state sovereignty and
humanitarian assistance during emergency response and try to solve any
existing barriers in giving international assistance during emergency
response which is included as a humanitarian mission. This research
would also give a better understanding on how the International Disaster
Response Law Guideline and some other international legal framework on
disaster management particularly international assistance at disaster
response implemented in Indonesia. In addition, it would also answer the
question on how to preventing the violation that might be conducted by
the international organization and foreign non-governmental organization
E. Systematic of Writing
The research consists of five chapters, namely: Chapter One
Introduction, Chapter Two Literature Review, Chapter Three Research
Methods, Chapter Four Finding and Analysis, Chapter V Conclusion and
Recommendation.
The research aims to analyze the implementation of International
Disaster Response Laws of Indonesia during emergency response. The
research also analyze that by accepting the international assistance it would
give a chance the foreign non-governmental organizations and international
organizations reduces or even violate the sovereignty of Indonesia under the
circumstance of giving the humanitarian assistance during disaster emergency
response situation.
In Chapter One, the researcher elaborates the main reasons why
International Disaster Response Laws of Indonesia might give a chance to an
international organizations and foreign non-governmental organizations to
violate the sovereignty of Indonesia while giving the humanitarian assistance
during disaster emergency response situation.
Furthermore, this chapter introduces several facts on the severe impacts
of natural or man-made disasters towards the host state and the incapability of
host state in responding its impact. Therefore, the international community
trough International Federation of Red Cross and Red Crescent Societies
the vulnerability and suffering of people affected by the disasters. They do
this by giving fundamental principles on how the other State, international
organizations and foreign non-governmental organizations may give
humanitarian assistance in form of disaster relief to the host state.
One of the most importance principles in the International Disaster
Response Laws already agreed by sovereign state is respected the sovereignty
of the host State. However, when the circumstances of the affected area of
natural or man-made disaster that needs a proper and fast emergency
response, sometimes the sovereignty of host state has a potential to be
violated by other states or other international entities recognized under
international laws. In this introduction, the researcher also delivers the
research problem which will be discussed in the next chapter. The research
objective, advantages of research, and systematic of the writing of research
also explained in this chapter.
Chapter two will explain the general theory and the legal aspects related
to the international law on the International Disaster Response Laws and
sovereignty principles. It also provides disaster potential threats to Indonesia,
the meaning of International Disaster Response Laws, and sovereignty
principles especially the sovereignty of Indonesia.
In Chapter three, the researcher will discuss the research methods used
on the research. This research method consists of the type of research, type of
type of this research is normative legal research. The research use statute
approach and case approach. Also, this research will use research material
taken from some literature consist of primary legal material, secondary legal
material, and tertiary legal material. Then, the methods of collecting data in
this research will be conducted through library research, and will be analyzed
systematically through qualitative and descriptive methods.
In Chapter four, the researcher will analyze whether the implementation
of International Disaster Response Laws of Indonesia does not reduce the
sovereignty of Indonesia or even give a chance to the international
organizations and foreign non-governmental organizations to violate the
sovereignty of Indonesia during emergency response. To answer that
question, this chapter would analyze the international assistance in giving
disaster relief during disaster response on two disaster events: the earthquake
2009 in West Sumatra and the Mount Merapi volcano eruption 2010 in
Yogyakarta.
Finally, Chapter five covers the conclusion and suggestions on this
research. In this chapter, the researcher will conclude what has been
discovered in the previous chapter about the implementation of International
Disaster Response Laws towards the sovereignty of Indonesia and also will
give the suggestions on how the Indonesian government should regulate the
international humanitarian assistance from international organizations and
CHAPTER TWO LITERATURE REVIEW
A. Natural and Man-Made Disaster
Natural and man-made hazard, as well as disaster, has been defined by
many scholars based on different perspectives. Since the issue of climate
change and natural and man-made hazard and disaster has been one of the
common interests for international community, following the United Nations
International Decade for Natural Disaster Reduction (1990-1999), the term of
natural and man-made hazard and disaster by UNISDR is defined as a
potentially damaging physical event, phenomenon or human activity that may
cause the loss of life or injury, property damage, social and economic
disruption or environmental degradation.8
Hazards can include latent conditions that may represent future threats
and can have different origins: natural (geological, hydro-meteorological and
biological) or induced by human processes (environmental degradation and
technological hazards). Hazards can be single, sequential or combined in their
8
origin and effects. Each hazard is characterized by its location, intensity,
frequency, and probability.
Meanwhile, a disaster is a serious disruption of the functioning of a
community or a society causing widespread human, material, economic or
environmental losses, which exceed the ability of the affected community or
society to cope using its own resources. A disaster is a function of the risk
process. It results from the combination of hazards, conditions of
vulnerability, and insufficient capacity or measures to reduce the potential
negative consequences of risk.9 A disaster is also defines as a natural or man-made hazard resulting in an event of substantial extent causing significant
physical damage or destruction, loss of life, or drastic change to the natural
environment.10
Natural hazards are naturally occurring physical phenomena caused
either by rapid or slow onset events which can be geophysical (earthquakes,
landslides, tsunamis and volcanic activity), hydrological (avalanches and
floods), climatological (extreme temperatures, drought and wildfires),
meteorological (cyclones and storms/wave surges) or biological (disease
epidemics and insect/animal plagues).
9
International Strategy for Disaster Reduction, Living with Risk: A Global Review of Disaster Reduction Initiatives, Geneva: United Nations publication, 2004. p. 16-17.
10Alberto Alemanno, “Governing Disaster
Technological or man-made hazards (complex emergencies/conflicts,
famine, displaced populations, industrial accidents and transport accidents)
are events that are caused by humans and occur in or close to human
settlements. This can include environmental degradation, pollution, and
accidents. There is a range of challenges, such as climate change,
unplanned-urbanization, under-development/poverty as well as the threat of pandemics,
that will shape humanitarian assistance in the future. These aggravating
factors will result in increased frequency, complexity and severity of
disasters.11
In short, the definition of a disaster states that the disaster is caused by
natural, non-natural, and human factors. Therefore, the Indonesian
Government through Law Number 24 of 2007 defines natural disasters,
non-natural and social disasters as follows:12
1. A disaster is an event or a series of events that threaten and disrupt
the lives and livelihoods caused by natural factors and/or non-natural
factors and human factors that lead to the emergence of human
casualties, environmental damage, loss of property, and
psychological impacts;
11
Anonymous, “Types of disasters: Definition of hazard”, International Federation of Red Cross and Red Crescent Society, Accessed from http://www.ifrc.org/en/what-we-do/disaster-management/about-disasters/definition-of-hazard/, on February 25, 2016 at 04:01 PM.
12
2. Natural disaster is a disaster caused by an event or a series of events
caused by nature, which include earthquakes, tsunamis, volcanic
eruptions, floods, droughts, hurricanes, and landslides;
3. Non-natural disaster is a disaster caused by a non-natural event or a
series of non-natural events, which include failure of technology,
failure of modernization, epidemics, and outbreaks of disease; and
4. Social disaster is a disaster caused by an event or a series of events
caused by humans, which include inter-community, inter-group or
people social conflicts, and terrors.
B. International Disaster Response Laws
The International Federation of Red Cross and Red Crescent
Societies initiated the International Disaster Response Laws (IDRL) in
response to resolution 5 of the Council of Delegates of the International Red
Cross and Red Crescent Movement in November 2001. This project aims to
reduce the vulnerability and suffering of people affected by disasters. Under
this project, the conventions, treaties, and other arrangements at the
international, regional and national level are studied so that an effective
mechanism can be formulated for the effective management of disasters.13
13
It is hoped that this will be achieved through the promotion and
development of international disaster response law mechanisms to better
facilitate the provision of expedient and effective international humanitarian
assistance. The project involves several stages, including the collection of
relevant legal and non-legal materials for publication, a legal study to examine
the current state of international laws in this regard and several field studies to
examine the effectiveness of existing law in an operational context, which in
particular requested the International Federation to:
a. advocate the development and, where applicable, the improvement
and faithful application of International Disaster Response Laws
through in particular, but not limited to, the compilation and
publication of existing international laws and regulations, and the
evaluation of their actual effectiveness in humanitarian operations;
and
b. to engage or, where applicable, continue the dialogue with
governments and promote appropriate disaster response laws and
regulations, allowing relief actors to meet the needs of the disaster
victims in the most effective way.
Isabelle Reinecke stated that IDRL includes the body of rules and
principles for international humanitarian assistance in the wake of peacetime
Humanitarian Law (IHL),14 IDRL applies to (usually) unintended disasters in a co-operative peacetime context when states or intergovernmental
humanitarian or other organizations offer, request, provide, or accept
cross-border disaster assistance.15
IDRL itself was described as the body of laws and other regulations
relating to disaster response, International law–includes treaty law,
agreements between states and international organizations, including the
International Federation and “soft law” emanating from declaratory
instruments and relevant resolutions adopted by intergovernmental meetings.
Disaster response–includes preparedness, relief and rehabilitation activities in
the event of natural, technological and other disasters which are not classified
as armed conflict.16
This could be summarized as the laws, rules and principles applicable to
the access, facilitation, coordination, quality and accountability of
international disaster response activities in times of non-conflict related
disasters, which includes preparedness for imminent disaster and the conduct
of rescue and humanitarian assistance activities.
14
International Humanitarian Law is a set of rules that seek to limit the effects of armed conflict. It also known as the laws of war and the law of armed conflict, is the legal framework applicable to situations of armed conflict and occupation. It protects people who are not or are no longer participating in hostilities and restricts the means and methods of welfare. See more at http://www.ijrcenter.org/international-humanitarian-law/ accessed on April 19, 2016 at 01:46 PM.
15
Isabelle Reinecke, “International Disaster Response Law and the co-ordination of international Organizations”, The ANU Undergrad Research Journal, II (2010). p. 145-146.
16
IDRL could also encompass any kind of crisis, emergency or disaster,
ranging from nuclear disasters and chemical spills to economic collapse and
poverty to floods, droughts, and earthquakes, to forest fires and aviation
accidents. In addition, IDRL could apply to all phases of disasters including
prevention, preparedness, mitigation, relief, recovery, rehabilitation and
development.
C. Sovereignty Principles
The term sovereignty has been used in four different ways of
international legal sovereignty, Westphalian sovereignty, domestic
sovereignty, and interdependence sovereignty. International legal sovereignty
refers to the practices associated with mutual recognition, usually between
territorial entities that have formal juridical independence. Meanwhile,
Westphalian sovereignty refers to a political organization based on the
exclusion of external actors from authority structures within a given territory.
Domestic sovereignty refers to the formal organization of political authority
within the state and the ability of public authorities to exercise effective
control within the borders of their own polity. Finally, interdependence
information, ideas, goods, people, pollutants, or capital across the borders of
their state.17
The sovereignty of states represents the basic constitutional doctrine of
the law of nations, which governs a community consisting primarily of states
having, in principle, a uniform legal personality.18 If the international law exists, the dynamics of state sovereignty can be expressed in terms of the law.
If states (and only states) are conceived of as sovereign, then in this respect, at
least, they are equal, and their sovereignty is in a major aspect a relation to
others states (and to organizations of states) define by law.19
The corollaries of the sovereignty and equality of states are: (a) a
jurisdiction, prima facie exclusive, over a territory and the permanent
population living there; (b) a duty of non-intervention in the area of exclusive
jurisdiction of other states; and (c) the ultimate dependence upon consent of
obligations arising whether from customary law or from treaties.20
Under current international law, sovereignty is defined as: sovereignty
in the sense of contemporary public international law denotes the basic
international legal status of a state that is not subject, within its territorial
17
Stephen D. Krasner, 1999, Sovereignty: Organized Hypocrisy, New Jersey: Princeton University Press. p. 3-4.
18
Anonymous, Reparation for Injuries Suffered in the Service of the United Nations, The Hague: ICJ Report, 1949. p. 174, 177-178.
19
James Crawford, 2012, Brownlie’s Principles of Public International Law, United Kingdom: Oxford University Press. p. 447.
20
jurisdiction, to the governmental, executive, legislative, or judicial jurisdiction
of a foreign state or to foreign law other than public international law.21
Jean Bodin defines sovereignty as state attribute and as one of the
importance element of state. Sovereignty is absolute and immortal authority
from state which is unlimited and cannot be divided. Furthermore, Jean Bodin
stated that no other higher authority that can limit the authority of the state.
According to Bodin, what is called by sovereignty is one and only authority
which are; original, which means it is not derived from other authorities; the
highest, which refers to that there is no other higher authority that can limit its
authority; immutable and eternal, which means that it; cannot be divided since
there is only one supreme authority.22
Sovereignty is also defined as the ultimate authority, held by a person or
institution, against which there is no appeal. In other words, sovereignty is the
ultimate power, authority and/or jurisdiction over a people and a territory. No
other person, group, tribe or state can tell a sovereign entity what to do with
its land and/or people. A sovereign entity can decide and administer its own
laws, can determine the use of its land and can do pretty much as it pleases,
free of external influence (within the limitations of international law).23
21H Steinberger, „Sovereignty’,
Max Planck Institute for Comparative Public Law and International Law: Encyclopedia for Public International Law, Vol. X, (1987). p. 414.
22
F.X Adji Samekto, 2009, Negara Dalam Dimensi Hukum Internasional, Bandung: Citra Aditya. p. 49.
23Yordan Gunawan, “Penegakan Hukum Terhadap Pembajakan d
i Laut Melalui Yurisdiksi Mahkamah
CHAPTER THREE RESEARCH METHODS
A. Type of Research
The researcher uses normative legal research to answer the problem
statement, which means that the research will show how the law regulates
such condition and how the application of law itself.24 Normative legal research is used to find the truth of coherence, namely discovering whether
the existing law is in conformity with the rule of law, whether the norms in
the form of a command or prohibition is in line with the principles of law and
whether one’s actions are in accordance with the norms of law or legal
principles.25
B. Type of Approach
The author uses the statute approach and case approach in the research
to give comprehensive understanding on the issue. In a normative legal
research, statute approach is use to research the specific statutes26 as the main issue that would be analyzed in the normative legal research.27 West Sumatra
24
Ronny Soemitro Hanitijo, 1990, Metodologi Penelitian Hukum dan Jurimetri, Jakarta: Ghalia Indonesia. p. 10.
25
Peter Mahmud Marzuki, 2013, Penelitian Hukum Edisi Revisi, Jakarta: Kharisma Putra Utama. p. 47.
26
International Disaster Response Laws of Indonesia, see p. 3.
27
earthquake in 2009 and Yogyakarta Merapi volcanic eruption in 2010 are the
two cases that will be used by the researcher. The use of the case approach in
normative legal research aims to understand the implementation of legal
norms which conducted in legal practice.28
C. Legal Material
Review of the literature would be conducted in order to collect the
secondary data which needed in the research. The secondary data to be
searched are:
1. Primary Legal Material
The primary legal materials such as legal documents, legislations,
and treaties which have relevancy to the research should be obtained, they
are:
a. United Nation Charter 1945,
b. Treaty of Amity and Cooperation 1976,
c. The Guideline of International Disaster Response Laws, and
d. Sovereignty Principles.
2. Secondary Legal Materials
Secondary legal materials, consisting of several documents related to
the analysis of is the International Disaster Response Law, have given a
28
chance upon other state or other entities recognized under International
Law to violate the sovereignty of Indonesia, such as:
a. Books;
1) Guttry, de, Andrea et al, 2012, International Disaster Response
Law, The Hague: Asser Press;
2) E, Harper, 2009, International Law and Standards Applicable in
Natural Disaster Situations. Rome: International Development Law
Organization IDLO, and etc.
b. Scientific journals;
1) Gunawan, Yordan, “Penegakan Hukum Terhadap Pembajakan di
Laut Melalui Yurisdiksi Mahkamah Pidana Internasional”, Media
Hukum, Volume 19, June, 2012, Yogyakarta: Fakultas Hukum
Universitas Muhammadiyah Yogyakarta;
2) Lai, Yuhung, Allen et al, “A Proposed ASEAN Disaster Response,
Training and Logistic Centre Enhancing Regional Governance in
Disaster Management” Springer-Verlag, Volume XVI, March,
2009, and etc.
c. Papers;
1) Antoni, Veri, “Possibility of Implementation Natural Disaster
Insurance in Indonesia and ASEAN”, (Presented on 2nd
CILS
Sustainable Development in the Faculty of Law Universitas Gadjah
Mada 21th and 22th November 2011);
2) Supancana, Ida, B.R., 2007, “International Disaster Response Law,
Rules and Principles (IDRL) Programme of The International
Federation of Red Cross and Red Crescent Societies (IFRC)”
(Presented at the Conference on Space Law and Space Applications
for Disaster Management in the Asia Pacific Region,
Chiangmai-Bangkok, 22 November 2007), and etc.
d. Reports:
1) International Strategy for Disaster Reduction, Living with Risk: A
Global Review of Disaster Reduction Initiatives, Geneva: United
Nations publication, 2004;
2) AHA CENTRE, AADMER Work Programme Phase 1:
Accomplishment Report, Jakarta: ASEAN Secretariat, 2010, and
etc.
3. Tertiary Legal Materials
The tertiary legal material is a material, which supports the research.
It covers the legal materials that provide instructions or explanations of
primary and secondary legal materials from the outside the field of law,
e.g., the field of politics, sociology, language as supporting material or
a. Law dictionary, like Black’s Law Dictionary written by Henry
Campbell; and
b. English dictionary, like Kamus Inggris Indonesia written by John M.
Echols and Hassan Sadily.
D. Method of Collecting Data
The method of collecting data in this research will be through library
research and will try to make a conclusion from related documents, such as
convention, books, scientific journals, and others related to the main problem
as the object of this research.
E. Method of Data Analysis
The data will be analyzed systematically through juridical qualitative.
Systematically means the research will be analyzed based on international
law, especially humanitarian intervention, focusing on the implementation of
International Disaster Response Laws of Indonesia. Juridical qualitative
means it would be connected with the principle of law, convention, and other
related regulations.29
29
CHAPTER FOUR FINDING AND ANALYSIS
A. Disasters Potential Threat of Indonesia
Located in the area of Pacific Ring of Fire30 and lies on the juncture of four active tectonic plates, the Asian plate, Australian plate, Indian Ocean
plate, and Pacific Ocean plate, under that circumstances, Indonesia is one of
the areas in the world that has a lot of active volcanoes and seismic activities
(See Figure 4.1).31 By the geographic condition, Indonesia has to cope with the constant risk of volcanic eruptions, earthquakes, floods and tsunamis due
to a lot of tectonic activities.
On several occasions during the last 20 years, Indonesia has successfully
drawn the global attention due to devastating natural disasters, which resulted
in the deaths thousands of humans and animals. All of the natural disasters
which happened in last 20 years, caused destructive effects on the land area,
including infrastructures that will lead to the economic loss on the affected
areas.
30
The Ring of Fire is a string of volcanoes and sites of seismic activity, or earthquakes, around the edges of the Pacific Ocean. Roughly 90% of all earthquakes occur along the Ring of Fire, and the ring is dotted with 75% of all active volcanoes on Earth. The Ring of Fire isn‟t quite a circular ring. It is shaped more like a 40,000-kilometer (25,000-mile) horseshoe. A string of 452 volcanoes stretches from the southern tip of South America, up along the coast of North America, across the Bering Strait, down through Japan, and into New Zealand. Several active and dormant volcanoes in Antarctica,
however, “close” the ring. See more at http://education.nationalgeographic.org/encyclopedia/ring-fire/ accessed on February 18, 2016 at 10:14 PM.
31
The effects of an extreme weather in Indonesia added the list of serious
issues that must be faced by the Indonesian government along with civil
societies. The extremely dry or wet seasons caused simultaneous effects
towards society. For example, it might ruin the crop harvests that would
trigger the inflation and severe financial pressure on the Indonesian
population, especially those who live in poverty.
Recently, Indonesia has made global headlines due to natural and
man-made disasters, such as forest fires brought on by slash-and-burn culture and
economical reason. Another example is, lack of waste management by using
rivers to dispose wastes which lead to flooding. These disasters may result in
more serious environmental and health consequences to both Indonesia and its
neighboring countries.
One important note is that Indonesia‟s notorious weak infrastructure
caused by mismanagement, uncontrolled population growth and improper
development in certain region in Indonesia. The other causes are lack of
disaster risk assessment, lack of skills, or corruption. Disaster potential
awareness in fact aggravates the resulting situation after a natural disaster has
made its impact felt, meaning that natural disasters in Indonesia can cause
more casualties and more damage than it should be.32
32
Figure 4. 1
Tectonic Plates and Faults in Asia-Pacific
Source: http://reliefweb.int/map/world/asia-pacific-tectonic-plates-and-faults-december-2014.
1. Volcanic Eruptions in Indonesia
Geographically, Indonesia is one of the areas that have a lot of active
volcanoes. In the southern and eastern parts of Indonesia, there are
volcanic arcs that extend from the island of Sumatra, Java, Nusa
Tenggara, Sulawesi which sides are old volcanic and low plains that
partially dominated by swamps. It is estimated that Indonesia has 129
active volcanoes, all carefully observed by the Center for Volcanology and
could occur which are caused by the volcanos since a number of
Indonesian volcanoes show continuous activity till nowadays.33
Historically, the volcano eruption in Indonesia was engendered
massive breakdown of land area or even it can lead to transformation the
surface of the island, just like the Toba super eruption. Researchers say
that Toba was responsible for two major global environment altering
events in the last 2 million years, erupting on four different occasions in
the Quaternary Period: 840,000 years ago, 700,000 years ago and finally
about 75,000 years ago. The Toba catastrophe hypothesis holds that this
event caused a global volcanic winter of 6-10 years and possibly a 1,000
year-long cooling episode.34 The number of deaths caused by the earthquakes is less than that of tsunamis but, they occur frequently.
Understanding that as the country that contains the most active
volcanoes of all countries in the world, it makes almost all of Indonesian
areas are aware of possible volcanoes eruption, which can cause a massive
destruction of society. Some notable volcano eruptions in Indonesia‟s
history are listed below:
33
Ibid.
34 Johnthomas Didymus, “Indonesia‟s Lake Toba Supervolcano Threatens Global Volcanic Winter:
Table 4. 1
Notable Volcano Eruptions in Indonesia
Location Date Magnitude Casualties
Sumatra 25 October 2010 7.7 435
Sumatra 30 September 2009 7.6 1,117
Java 17 July 2006 7.7 730
Java 26 May 2006 6.3 5,780
Sumatra 28 March 2005 8.6 1,313
Sumatra 26 December 2004 9.2 283,106
Source: http://www.indonesia-investments.com/business/risks/natural-disasters/item243.
2. Earthquakes in Indonesia
Based on the data shown, nearly all regions in Indonesia have a
volcano that till nowadays those volcanoes are to indicate the increasing of
seismic activity. Following the data, in some territories that have direct
links with the volcano activities, a potential natural disaster, known as an
earthquake, is highly possible.
The earthquake is probably the biggest threat regarding its massive
destruction effects. Regardless the area that do not have any seismic
activity by volcanoes, the earthquake still can happen. Since the Eurasian
Plate, Pacific Plate, Indian Ocean Plate and Indo-Australia Plate are four
islands of Indonesia. The data shows that Indonesia is one of the countries
in the world that has a high level of seismicity, 10 times higher than the
level of seismicity in the United States.35 That indicates that Indonesia is one of most dangerous state in terms of the level of earthquakes.
Therefore, the Indonesian government should establish a well-prepared
disaster management due to that reason.
Since 1997, 24 earthquakes with a magnitude of 8 or more have been
recorded in and around Indonesia. The 2004 Indian Ocean Earthquake
with magnitude 9.1 Richter scale was the largest ever recorded in the past
30 years.36 More than 1.000 people were killed in 7 of those earthquakes. Additionally, 10.000 people were killed by the earthquakes that occurred
in 1815 and 1917 in Bali. The earthquakes that greatly impacted the
Indonesian economy were the 2004 Indian Ocean Earthquake, the 2006
Central Java Earthquake, and the 2009 Sumatra Earthquake with the
magnitude of 7.5 Richter scales.37
35 Badan Nasional Penanggulangan Bencana, “Disaster Potential Threat”, BNPB, taken f
rom http://www.bnpb.go.id/pengetahuan-bencana/potensi-ancaman-bencana#english, accessed on November 1, 2015 at 12:07 PM.
36
AHA Center, Japan International Cooperation Agency (JICA), Country Report Indonesia: Natural Disaster Risk Assessment and Area Business Continuity Plan Formulation for Industrial Agglomerated Areas in the ASEAN Region, Jakarta, 2015. p. 11.
37
Figure 4. 2
Earthquake Risk Zone Map of Indonesia (MAIPARK 2010)
Source:http://www.maipark.com/download/File/other/MAIPARK%20EQ%20Zone%20 2010.pdf.
The map is the Earthquake Risk Map developed by the insurance
company, Pt. Asuransi MAIPARK Indonesia. The map illustrates the
Sunda Trench sides of Sumatra and Java and the Pacific Ocean sides of
New Guinea and Sulawesi have a high earthquake risk. On the other
hand, the Java Sea and the Banda Seasides have a low earthquake risk.
The earthquake risk of Kalimantan is especially lower than other areas.38
38
Yearly, two or three earthquake with a magnitude of seven or higher
occur in Indonesia and cause casualties and damage the infrastructure or
environment. Below is a selected list of recent earthquakes that lead
[image:47.612.214.523.279.477.2]severe damage: 39
Table 4. 2
Recent Earthquakes that Lead Severe Damage in Indonesia
Location Date Magnitude Casualties
Sumatra 25 October 2010 7.7 435
Sumatra 30 September 2009 7.6 1,117
Java 17 July 2006 7.7 730
Java 26 May 2006 6.3 5,780
Sumatra 28 March 2005 8.6 1,313
Sumatra 26 December 2004 9.2 283,106
Source:http://www.indonesia-investments.com/business/risks/natural disasters/item243.
3. Tsunami in Indonesia
In fact, Indonesia is an archipelago country and around half of its
territory covered by the sea, which for some circumstances it would be as
one of the abundant natural resources. On the other hand, considering the
geographic condition of Indonesia and the daily seismic activity, a
submarine earthquake or volcanic eruption in the ocean can cause a
39
tsunami water wave which has a devastating effect on the people and
[image:48.612.165.535.195.487.2]objects near the sea.
Figure 4.3
Tsunami Disaster Risk Map of Indonesia
Source: http://geospasial.bnpb.go.id/2011/02/23/peta-zonasi-ancaman-bahaya-tsunami-di-indonesia/.
Figure 4. 3 is the Tsunami Disaster Risk Map of Indonesia
developed by the National Agency for Disaster Management (BNPB). It
illustrates that the coasts of Sumatra and Java along the Sunda Trench, the
coasts of Lesser Sunda, Sulawesi, and the Moluccas, and the east coast of
Kalimantan have tsunami risk.40
40
Tsunamis caused the largest impact in terms of the number of
deaths. The experience has shown that on the Southeast Asia tsunami is
the extremely deadly natural disaster, which struck on 26 December 2004,
affected 11 countries, killing more than 225 000 people mainly in Aceh
and displacing an estimated 1.2 million.41 In addition, a further 7 tsunamis have caused more than 1000 deaths since the 17th century.42
Although a massive tsunami such as the 2004 tsunami is rare, the
Sumatra region is often startled by offshore earthquakes that can
potentially trigger a tsunami. With the 2004 tsunami still fresh in mind,
the level of fear is high. Often Indonesians who live in villages or cities
close to the coast, flee to the hills (located more inland) after an
earthquake has taken place. On average, once every five years a large
tsunami happens in Indonesia, usually on the islands of Sumatra and Java.
Generally, damage to the infrastructure exceeds the loss of lives. There are
warning systems installed in many coastal areas but there have been
reports that not all are functioning properly.43
41
Anonymous, “Humanitarian Health Action: South Asia earthquake and Tsunami”, World Health Organization, accessed from http://www.who.int/hac/crises/international/asia_tsunami/en/, February 18, 2016 at 01:42 PM.
42
AHA Center, Japan International Cooperation Agency (JICA), Country Report Indonesia: Natural Disaster Risk Assessment and Area Business Continuity Plan Formulation for Industrial Agglomerated Areas in the ASEAN Region, Op.Cit. p. 18.
43
4. Floods in Indonesia
Indonesia‟s rainy season which runs from December to March can
bring plenty of rainfall. In combination with deforestation and waterways
clogged with debris, it can cause rivers to overflow and result in floods.
Heavy rainfalls in the mountain area cause floods in the plains
downstream. Many floods have occurred due to the east-west monsoons in
the rainy season. Heavy rainfalls in the mountainous region cause floods
in the plain and extensive damage swamps and coastal low-lying areas.
Urban areas become inundated because of an insufficient drainage system
and poor maintenance work. Land subsidence is common in coastal town
due to groundwater use by industries, etc., and due to an increasing in
pounding.44
Floods and landslides occur in most parts of Indonesia and can cause
hundreds of casualties, destroy houses and other infrastructure, and ruin
local businesses. Even in a mega city as Jakarta, floods occur regularly
due to weak water management. In January 2013, a large part of Jakarta
was flooded, affecting more than 100.000 households and resulting in the
loss of lives of more than 20 people.45
44
AHA Center, Japan International Cooperation Agency (JICA), Country Report Indonesia: Natural Disaster Risk Assessment and Area Business Continuity Plan Formulation for Industrial Agglomerated Areas in the ASEAN Region, Op.Cit. p. 7.
45
There is a high frequency of flood in Indonesia. Java Island has the
highest frequency, followed by Sumatra Island and Sulawesi Island, but
Kalimantan Island has a low frequency. Based on data, there are several
hot spots of flood disaster that include:46
a. Java Island: Banten Province, Jakarta Special Capital Region, West
Java Province, Central Java Province, East Java Province; and
b. Sumatra Island: Aceh Province and North Sumatra Province.
That condition is potential and prone to disasters, such as volcanic
eruptions, earthquakes, tsunamis, floods, and landslides. According to
United Nations International Strategy for Disaster Reduction, Indonesia is
the most a disaster-prone country in the world. From several natural
disasters, UNISDR ranks six natural disasters based on a number of
victims, that are tsunamis, landslide, floods, earthquakes, hurricane, and
drought. Indonesia is the first rank in tsunami and landslide, the third rank
for earthquakes, and the sixth rank for flood, only for hurricane and
drought, Indonesia‟s rank is out of the sixth rank.47 Therefore, Badan
Nasional Penanggulangan Bencana as the main actors which will deal
46
AHA Center, Japan International Cooperation Agency (JICA), Country Report Indonesia: Natural Disaster Risk Assessment and Area Business Continuity Plan Formulation for Industrial Agglomerated Areas in the ASEAN Region, Op.Cit. p. 6.
47Veri Antoni, “Possibility of Implementation Natural Disaster Insurance in Indonesia and ASEAN”,
(Unpublished paper, Paper unpublished, Presented on 2nd CILS Conference 2011: International
Conference on ASEAN‟s Role in Sustainable Development in the Faculty of Law Universitas Gadjah
with the issue of response natural and man-made disaster issued the data
[image:52.612.165.529.198.423.2]concerning the disaster potential threat of Indonesia:
Figure 4. 4
Level of Disaster Potential Threat in Each Region in Indonesia
Source: http://www.indonesia-investments.com/business/risks/natural-disasters/item243.
By looking serious potential threat of natural and man-made disaster
which cannot measure when it happened, Indonesian Government has
been issued Law No 24 of 2007 on Disaster Management to establish a
well-prepared disaster management. Likewise, accepting the humanitarian
assistance in responding the natural disaster that happened in Indonesia
which resulted in the wide-scale damage and the loss of human by means
accepting the humanitarian assistance in form of disaster relief during the
disaster response from international organization or non-governmental
Management and Government Regulation No. 23 of 2008 on International
and NGO Assistants in Disaster Management are the instrument which
give the fundamental principles on the issue of how the mechanism of
International Organizations and Foreign Non-Governmental Organizations
giving disaster relief during disaster response in Indonesia.
B. The Legal Framework for Disaster Management 1. International Regulation on Disaster Management
The attention of international community regarding disaster issues,
particularly on the issue of disaster management, has developed
significantly in recent decades, as clearly proven by the increasing number
of relevant treaties which have been signed and ratified worldwide,48 as well as part of commitment towards partnership and local as well as global
cooperation on humanitarian assistance, especially if the disaster involves
the loss of many lives. There are now more than 200 international treaties
(universal, regional, and even bilateral) regulating various matters related
to the prevention, management of disasters, and post-disaster
rehabilitation and reconstruction.49
48
Harper E, 2009, International Law and Standards Applicable in Natural Disaster Situations. Rome: International Development Law Organization IDLO. p. 15.
49
Until now there are no well recognized and comprehensive
internationally agreed rules, principles, and standards for the protection
and assistance of people affected by natural and man-made disasters.
There are some existing relevant international legal instruments related to
disaster management, among others:50
a. International Conventions
1) Convention Establishing the International Relief Union of 1927;
2) Convention on Assistance in the Case of Nuclear Accident or
Radiological Emergency 1986;
3) Convention on Early Notification of a Nuclear Accident of 1986;
4) Council‟s of Europe Agreement on the Prevention of, Protection
against, and Organization of Relief in Major Natural and
Technological Disaster of 1987;
5) Convention on Temporary Admission of 1990 (in particular annex
B.9 concerning goods imported for humanitarian purposes);
6) Inter-American Convention to Facilitate Disaster Assistance of
1991;
7) Kyoto Protocol to the United Nations Framework Convention on
Climate Change, 11 December 1997;
Red Cross and Red Crescent Societies, the OCHA Disaster Response Preparedness Toolkit available at http://ocha.unog.ch/drptoolkit/PNormativeandLegalInstruments.html, etc.
50
Jiri Toman, “International Disaster Response Law: Treaties, Principles, Regulations and Remaining
8) The Tampere Convention on the Provisions of
Telecommunication Resources for Disaster Mitigation and Relief
Operations of 1998;
9) The International Convention on the Simplification and
Harmonization of Customs Procedures as amended in 1999;
10) Framework Convention on Civil Defense Assistance of 2000; and
11) The “Seville Agreement” on the Organization of International
Activities of the Components of the International Red Cross and
Red Crescent Movement of 1997.51
And also (UN Conventions)
1) UN Convention on the Privileges and Immunities of the United
Nations 1946;
2) UN Convention on the Privileges and Immunities of the Specialized
Agencies 1947;
3) Framework for Action for the International Decade for Natural
Disaster Reduction of 1989;
51Ida Bagus Rahmadi, Supancana, 2007, “International Disaster Response Law, Rules and Principles
4) The Yokohama Strategy for a Safer World: Guidelines for Natural
Disaster Prevention, Preparedness, and Mitigation and its Plan of
Action, adopted in 1994
5) UN Convention on the Safety of United Nations and Associated
Personnel 1994; 52
6) The International Strategy for Disaster Reduction of 1999.
7) Optional Protocol to UN Convention on the Safety of United Nations
and Associated Personnel 2005;
8) The Hyogo Framework for Action (HFA) 2005-2015: Building the
Resilience of Nations and Communities to Disasters adopted at the
Second UN World Conference in Hyogo, Japan 2005; and
9) The Sendai Framework for Disaster Risk Reduction 2015-2030
adopted at the Third UN World Conference in Sendai, Japan, on
March 18, 2015.53
And also (Regional Cooperation Agreements)
1) EUR-OPA Major Hazards Agreement
