DISASTER
VICTIMS
HERU SUSETYO
Faculty of Law University of Indonesia Depok – INDONESIA
11TH Asian Postgraduate Course
on Victimology and Victim Assistance
FACULTY OF LAW UNIVERSITY OF INDONESIA
Emergency and Disaster Hazard Mapping, Indonesia
(Emergency/Disaster Supermarket) –URDI/ FKM-UI
NAD 2,3,4,5,6,7,13 ,14 N. Sumatra 3,4,7,14 W Sumatra 1,2, 3,4,8,11,14 Bangka Belitung 3,14 S. Sumatra 3,4,14 Riau 3,5,7,8,14
Kep Riau 14 3 Lampung 2,3,14 Bengkulu 2,4,14 Jambi 3,14 Jakarta 3,4,6,7,9, 14 W, Java 2,3,4,5,6,7,11, 14 Banten 2,3,5,12,14 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 NTT 1,3,6,9,11,2,13,4,5, 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 S. Sulawesi 3,4,6,7,13,14 C. Sulawesi 2,3,6,9,7,13,14 S.E Sulawesi 3,6,14 Gorontalo 3,14 Maluku 2,3,6,7,9,11,13,14 N.Maluku 2,4,6,7,9,13,14 Papua 2,3,4,6,7,9,11,13,1 4
Type of Emergency and Disaster
1. Volcano 5. Hurricane 9. Disease outbreak 13. Tsunami 2. Earthquake 6. Conflict 10. storm 14. Transportation
3. Flood 7. Terrorism 11. Drought Accident
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ACTIVE VOLCANOES DISTRIBUTION MAP IN INDONESIA
DEPARTEMENT OF ENERGI AND MINERAL RESOURCES
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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
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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.
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PROTECTION ISSUES
FOR VICTIMS
(Malanczuk, 2005)
1. Access to humanitarian aid. 2. Discrimination
3. Involuntary relocation to, or exclusion from settlements and camps.
4. Camp security and military presence.
5. Protection of women and children
6. Family reunification
7 Family reunification 8. Access to education 9. Loss of documentation 10. Participation of internally
displaced persons 11. Voluntary return and
resettlement
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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
FACULTY OF LAW UNIVERSITY OF INDONESIA
LESSON LEARNED FROM INDONESIAN NATURAL DISASTERS: DAMAGES IN DISASTER
• HUMAN CASUALTIES • ANIMAL AND PLANTS • PROPERTY DAMAGES
• ENVIRONMENTAL DAMAGES • LIFELINES DAMAGES
• INFRASTRUCTURE DAMAGES
Problem in Rehabilitation and
Reconstruction (housing)
• Unequal disbursement of financial
assistance
• discrimination
• Wrong allocation in providing
reconstruction funds
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
“…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
)
Natural Disaster Victims’ Plight
• Disaster survivor in Aceh : “God was angry, so
he punished the people by creating disaster,”
• “Please I don’t want to talk about the disaster or
about my son!”
Personal Accounts of
Thailand Tsunami Victims
•
“I’ve lost all my
children !”
•
“I’ve lost my babies!”
•
“Everything will be OK”
•
“It won’t be OK, I lost
my children”
•
“Why did this happen,
Life is so cruel !”
• 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
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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)
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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
FACULTY OF LAW UNIVERSITY OF INDONESIA
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.
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 assistance…no 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,
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
International Disaster
Response Law
• Initiated by
Red Cross
and
Red Crescent
societies
• Containing guiding principles and practice
on international disaster response.
•
SPHERE PROJECT
:
humanitarian
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
of…organizations in implementing humanitarian
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
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 :
1. Participation 2. Equality
3. Non discrimination 4. Rule of law
5. Transparency and accountability
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.
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.
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.
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.
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
Three definitions of Victim
1. The crime victim
2. The universal concept of victims
(Mendelsohn)
3. The victim of violations of human rights
including crime
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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
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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
FACULTY OF LAW UNIVERSITY OF INDONESIA
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,
FACULTY OF LAW UNIVERSITY OF INDONESIA
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?) >
victimization.
• Victimology looks at reactions, reactions to
victims and reactions to victimization.
(Kirchhoff, 2005).
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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
