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(1)

SYSTEM ADVOCACY

FOR DISASTER VICTIMS

HERU SUSETYO

Faculty of Law Universitas Indonesia

11th Asian Postgraduate Course on Victimology

and Victim Assistance

(2)

VICTIM SERVICES

Victim services are those activities which are

applied in response to victimizations with the intention of relieving suffering and

facilitating recovery.

This includes providing information, making assesments, conducting

individual interventions, engaging in

social advocacy, proposing public policy and working in program development.

(3)
(4)

Pasal 16

(1)Advokasi sosial dimaksudkan untuk melindungi dan membela seseorang, keluarga, kelompok, dan/ atau

masyarakat yang dilanggar haknya. (2) Advokasi sosial sebagaimana

dimaksud pada ayat (1) diberikan dalam bentuk penyadaran hak dan kewajiban, pembelaan, dan

(5)

What is advocacy?

Advocacy is speaking, acting and

writing with minimal conflict of interest on behalf of the sincerely perceived

interests of a disadvantaged person or group to promote, protect and defend their welfare and justice.

www.qppd.org

(6)

Advocacy is pursuit of influencing

outcomes - including public policy and resource allocation decisions

within political, economic, and social systems and institutions - that

directly affect people's lives.

(7)

Advocacy has purposeful results:

1.to enable social justice advocates to gain access and voice in the decision making of relevant institutions;

2.to change the power relationships between these institutions and the people affected by their decisions, thereby changing the institutions themselves; and

3. to bring a clear improvement in people's lives

(8)

Advocacy consists of organized efforts

and actions based on the reality of "what is." These organized actions seek to highlight critical issues that

have been ignored and submerged, to influence public attitudes, and to

enact and implement laws and public policies so that visions of "what should be" in a just, decent society become a reality.

(9)

What is advocacy (3)

Advocacy efforts may include :

Proposing public policy or questioning

the prevailing public policies.

Lobbying for rights and servicesPublic demonstrations

Public and professional education

through written information and programs.

(10)

TYPES OF ADVOCACY

Two main forms of advocacy :

1.Individual advocacy 2.System Advocacy

(11)

Individual Advocacy

Focuses on changing the situation of

one person – to protect his or her rights or to improve individual services.

Two common forms :

1.Informal advocacy; is undertaken by

individuals, their parents, brothers and sisters, relatives, friends.

2.Voluntary or not to profit community based organizations that pay staff to advocate for

individuals (www.mndaust.asn.au)

(12)

SYSTEM ADVOCACY

Works to change the situation of a whole

group of people who share a similar

problem, or to change a service system. System advocacy can benefit many

people. It also strives to prevent problem.

System advocacy encourages changes

to the law, government and service provider policies and community

attitudes.

(13)

SYSTEM ADVOCACY (2)

Seeks to influence change in the broader political and social arenas

because without change at this level, positive change for individuals is more difficult to achieve.

Speak out for new legislation,

policies and practices.

Highlighting where policy is in place

but not being implemented. • Involving in coalitions

www.family-advocacy.com

(14)

Other terminologies

System advocacy

Structural advocacy

Structural legal aid (Indonesian)Social advocacy?

(15)
(16)
(17)

Pasal 16

(1)Advokasi sosial dimaksudkan untuk melindungi dan membela seseorang, keluarga, kelompok, dan/ atau

masyarakat yang dilanggar haknya. (2) Advokasi sosial sebagaimana

dimaksud pada ayat (1) diberikan dalam bentuk penyadaran hak dan kewajiban, pembelaan, dan

(18)

SOCIAL ADVOCACY

(19)

Lesson Learned :

Disaster Victimization

and System Advocacy

> Indonesia, Thailand,

(20)

System Advocacy for

Indonesian Disaster Victims

Triggered by Aceh/ Indian ocean

earthquake –tsunami 2004

NGOs/ NPOs played active and

significant role in conducting system advocacy for disaster victims.

(21)

The Role of NGO > MPBI

Masyarakat Penanggulangan Bencana Indonesia/ Indonesian Society for

Disaster Countermeasures have

conducted such measures as follows :

1.Initiating the draft of Indonesian Disaster Management Act, including Presidential

Decree and bylaws both in national and local level.

2.Creating a framework of Community-based disaster risk reduction management

(22)

3. Campaigning, promoting and

disseminating humanitarian standard (SPHERE Project) for volunteers.

4.Conducting research, discussion, and seminar on disaster

countermeasures issues.

(23)

Proposing Indonesian

Disaster Management Act

Indonesia does not have Disaster

Management Act until the enactment of Law No. 24 year 2007 on Disaster Management/ Countermeasures

Previously, the laws concerning

disaster management are only

(24)

24

Major Issues on Disaster

Management

LACK OF MANAGEMENT CAPACITY ON DISASTER RESPONSE

Delay in the management of emergency response

Lack of coordination in planning and programming for

post-disaster recovery

Institutional framework is more focus on emergency

response, rather than post-disaster recovery

Funding more emphasizes on emergency response

LACK OF UNDERSTANDING IN DISASTER RISK REDUCTION

LACK OF UNDERSTANDING IN DISASTER RISK REDUCTION

Lack of understanding in the preparation of disaster

preparedness and risk reduction

Lack of institutional performance in the management of

risk reduction

Lack of planning and programming for risk reduction

Lack of incorporating risk disaster mitigation into spatial

plans

(25)

25

New Paradigm on Disaster Management (Hadi, 2007)

1. Recognizing the right for dignified life and livelihood and that the

government responsible to ensure the protection from disaster, which is essence is avoidable, with no risks creation in recovery process

2. Reducing disaster risk factors from unsustainable development practices that are worsened by the impact of climate changes 3. Being accountable to the risk community and/or disaster-affected

community and sensitivity to gender, participatory, equity and justice perspectives

Emergency

Response Risk Reduction Centralize Local Autonomy

Participatory Proactive

Government Reactive

MAJOR ISSUES

GUIDELINES, COORDINATION, LOCAL CAPACITY, FUNDING FRAMEWORK,

LONGER-TERM RECOVERY

MAJOR ISSUES

COMMON PERCEPTION, INSTITUTIONAL CAPACITY, FUNDING SOURCE,

(26)

Previous Previous Changes Changes Future Future •Paradigm •Approach •Institution •Governance •Paradigm •Approach •Institution •Governance

Triggered by Aceh Tsunami DM Law

DM Law

No. 24/2007

(27)

PREVENTION MITIGATION

PREPAREDNESS

RECOVERY

EMERGENCY RESPONSE DISASTER

(28)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

JAPAN

(29)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

神戸

KOBE 1995

(30)

Source : Kobe City Disaster Manageme nt Center

TURNING POINT : VICTIM SERVICES

IN KOBE EARTHQUAKE 1995

Dead   4571 (total 6,433)

Missing 2   (total 3)

58% of those who died were 60 years

old and older

Many people died from being crushed

by collapsed houses (83.3% died from suffocation or being crushed)

Internally Displaced Persons

316.678

(31)

DESTRUCTION

OF BUILDING

Fully collapsed 67421Partially collapsed 5545Number of building

(32)

Source : Kobe City Disaster Managem ent Center

MEASURES TAKEN : EVACUATION PROCESS

599 shelters were operating as of

Jan. 26, ‘95(peak)

236,899 persons used shelter

services on Jan. 24, ‘95(peak)

222,127 evacuees were living in

(33)

Source : Kobe City Disaster Managem ent Center

MEASURES TAKEN (3) : TEMPORARY HOUSING

•32.346 units constructed

(34)

Source : Kobe City Disaster Manageme nt Office

Post Disaster Response (1)

:

The disaster prevention council of Kobe City

The disaster

prevention council of Kobe City

The Kobe City regional plan for disaster

(35)

Source : Kobe City Disaster Managem ent Office

Post Disaster Responses (2)

(36)

Source (text and pictures) : Kobe City D isaster Management Office

POST DISASTER RESPONSES (3)

(37)

Source (text and pictures) : Kobe City D isaster Management Office

Post Disaster Responses (4) : Training of Citizen

(38)

Source (text and picture) : Kobe city dis aster management office

Post Disaster Responses (5) :

Kobe Urban Planning School

Promote study of citizen about urban

(39)

LESSON LEARNED FOR THE NEXT VICTIM SERVICES IN JAPAN

1. The Need of disaster education 2. The Need of local volunteer

communities

(40)

SIGNIFICANT ROLE OF THE PEOPLE AND NPOs

in Kobe case 77% of victims was

evacuated/ assisted by local people, 18% by disaster management

agencies, 4% by themselves or other factors.

• Volunteers in Kobe more than 1.2 million (half year from the quake)

• Volunteers in Niigata 2004 are also in significant numbers. They assisted the people back and forth for several

(41)

PROBLEM IN VICTIM SERVICES

(KOBE & NIIGATA)

Coordination among

NPOs and between NPOs and

governmental agencies

Durability of the

service

Victim assistant

professionalism

Social Gap (most of

the victims were elder people, etc.)

Financial support

(42)

Source : Cabinet Office of Japan

DISASTER PREPAREDNESS IN JAPAN (Cabinet Office of Disaster

Management)

1. Improvement of Disaster Prevention Facilities.

2. National Land Conservation

3. Increasing Disaster Management Consciousness adn Disseminating Disaster Management Knowledge 4. Disaster Management Drill

(43)

Source : Cabinet Office of Japan

Establishing Local Voluntary Disaster Management Organizations and

Volunteer Activities

residents aware of the need for solidarity

in community establish local voluntary disaster management organizations.

These organizations prepare materials and

machinery in the region, and practice disaster management drills etc.

As of April 2001, about 57.9% of the

households are participating in local voluntary disaster management

(44)

JAPAN DISASTER MANAGEMENT (Koji Suzuki-ADRC)

Turning Point in Japanese Disaster Management :

1959 Ise-Wan Typhoon was the

Epoch-Making Turning Point :

1. Response oriented approach to preventive approach

2. Individual approach to

comprehensive multi-sectoral approach

(45)

Disaster Countermeasures Basic

Act (1961)

ESTABLISHING SOME ELEMENTS :

Disaster Management Council at National/

prefectural/ municipal level

Organization of multi-sectoral coordination bodyDisaster Management Plan at National/

prefectural/ municipal level

Disaster management planning system

(46)

Disaster Countermeasures Basic

Act 2 (1961)

Multi-sectoral body in case of emergency

Annual Goverment official report (white paper) on

Disaster Countermeasures

Submitted to the Diet

Responsibilities of national and local governments

as well as private sector and people

3 administrative levels : National. Prefectural and

Municipal

Municipalities respond to natural disasters first.

(47)

Source : Mr. Koji Suzuki (ADRC- Kobe)

AGENCIES INVOLVED

Residents, voluntary

group

Local governments in

stricken area

Fire-fighting &

ambulance

PoliceHospital

Assistance from other

local governments

National govenment

Fire Defense AgencyDefence agency (self

defence force)

Japan Coast Guard

National Police AgencyNational Hospital

NGOs

(48)

DISASTER DRILL & DISASTER

EDUCATION (1)

Disaster Management Day =

1 September (Cabinet Agreement in 1960)

Disaster Management Week =

30th August – 5th September (Cabinet agreement in 1982)

Disaster Management Drill

(49)

Source : Mr. Koji Suzuki (ADRC, Kobe)

DISASTER DRILL & DISASTER EDUCATION (2)

Comprehensive Disaster Management Drill since 1971

Attended by All Cabinet ministers (incl. Prime Minister),

Related Disaster Management Organizations

Drills in regions all over Japan organized by Local

government and attended by Private companies, residents, etc.

(About 1.9 millions participants nationwide)

Disaster Management Poster Contest : 8435 applications

(50)
(51)

DISASTER DRILL :

National

(52)

DISASTER EDUCATION

1. Establishing Disaster Prevention Center 2. Establishing Disaster Prevention Museum 3. Conducting Disaster Training/ Education 4. Disseminating pamphletes, manual, and
(53)

Establishing Disaster Prevention Center : Kyoto

(54)
(55)
(56)
(57)
(58)
(59)
(60)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Earthquake and volunteerism

Prof. Tomohide Atsumi from Osaka University,

noticed that the real turning point for

Japan Disaster Management in present time is Kobe earthquake 17 January

1995. This massive earthquake had triggered the tremendous disaster response as well as ignited the

volunteerism.

About 1.2 millions people had volunteered

themselves to assist the victims of Kobe

Earthquake and helped the recovery of the city.

The Niigata earthquake October 2004 is the second

(61)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Earthquake and volunteerism (2)

Prof. Toshio Sugiman from Kyoto University

supported this rough observation by stating that since 1995 volunteering

activities become more popular in Japan;

the government had positively responded

this trend by enacting volunteering and

disaster act immediately after 1995 which established volunteering center in the

(62)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

(Yajima, 2005)

It was the Great Hanshin Awaji earthquake

that created an awareness of the need for a new approach to dealing with victims.

Attempts to organize support for victims did

not work well.

The delayed response in addressing the

medical needs of the most vulnerable people resulted in more than 2000 deaths on the

third day after the earthquake > terrible

(63)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

THAILAND

(64)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

DISASTER VICTIMIZATION IN THAILAND

Natural hazard or natural disaster which

frequently occurs in Thailand are :

drought,

earthquake, epidemic,

flood,

landslides, wave/ surge, wild fires,

(65)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

THAILAND TSUNAMI 2004

The massive earthquake which triggered

Indian Ocean tsunami on December 26,

2004 was among the most severe disaster in Thailand for centuries.

The catastrophic incident devastated 407

villages in six provinces namely, Phuket, Trang, Phang Nga, Krabi, Ranong and

Satun.

The tsunami took almost 8000 lives and

(66)

FACULTY OF LAW

(67)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

THAILAND TSUNAMI 2004 VICTIMS

Local people and foreign nationals

(tourists)

Unregistered migrant workers (mostly

Burmese)

Problem with land ownership (conflict

among villagers as well as with investment companies)

Indigenous people victims (Moken/ Sea

(68)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

(69)

FACULTY OF LAW

(70)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Unregistered Migrant Workers as Victims : Burmese

More than 200 Burmese migrant workers killed by the tsunami that destroyed resort beaches in

southern Thailand in December 2004.

Many of the Burmese tsunami victims were children. Burmese migrant workers instructed their young

children to hide in their homes for fear they would be caught during police crackdowns on illegal labour.

Currently, there are around 100,000 Burmese

migrants living in Phang Nga province, most of them are employed on construction sites while farming is the second most popular job.

(71)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Land Ownership

(72)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

(73)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

(74)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Victim Services (3) :

(75)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

(76)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Thailand Tsunami Victimizer

Nature?

Foreign government (Burma)Investors, businessman

Local and central govt (cultural

(77)

CONCLUSION (1)

Current status of international law regarding

disaster relief is considered to be highly

unsatisfactory. There is no definite, broadly accepted source of international law which spells out legal standards,

procedures,rights, and duties pertaining to disaster response.

It seems that natural disaster victims are

abandoned by both international and national law.

Victims rights and victim needs must be taken

(78)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

CONCLUSION (2)

Victims rights and victim needs must be

taken into account in disaster countermeasures.

Secondary victimization will most likely be

occurred in the aftermath of disaster should disaster management ignore victims` rights and victims` needs.

Whether victimology encompass disaster

(79)

CONCLUSION (3)

Advocacy for disaster victims, either

individual/ case advocacy or system advocacy are important to uphold

disaster victims’ rights.

System advocacy have evidently

resulted in policy changes (in disaster countermeasures)

Some ‘turning points’ are sometimes

needed for policy changes. FACULTY OF LAW

(80)

FACULTY OF LAW

UNIVERSITY OF INDONESIA

Arigato gozaimashitaTerima kasih banyak !

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