systems advocacy for disaster victims heru susetyo

SYSTEM ADVOCACY

FOR DISASTER VICTIMS

HERU SUSETYO

Faculty of Law Universitas Indonesia

11th Asian Postgraduate Course on Victimology

and Victim Assistance

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.

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

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

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• _{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.

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• _{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

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• _{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.

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What is advocacy (3)

Advocacy efforts may include :

• _{Proposing public policy or questioning}

the prevailing public policies.

• _{Lobbying for rights and services} • _{Public demonstrations}

• _{Public and professional education}

through written information and programs.

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TYPES OF ADVOCACY

• _{Two main forms of advocacy :}

1.Individual advocacy 2.System Advocacy

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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)

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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.

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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

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Other terminologies

• _{System advocacy}

• _{Structural advocacy}

• _{Structural legal aid (Indonesian)} • _{Social advocacy?}

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INDONESIAN LAW ON SOCIAL

WELFARE NO. 11/ 2009

SOCIAL PROTECTION

IN LAW NO. 11/ 2009

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

SOCIAL ADVOCACY

(art. 16 Indonesian Law No. 11/

2009)

Lesson Learned :

Disaster Victimization

and System Advocacy

> Indonesia, Thailand,

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.

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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

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3. Campaigning, promoting and

disseminating humanitarian standard (SPHERE Project) for volunteers.

4.Conducting research, discussion, and seminar on disaster

countermeasures issues.

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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

presidential decree No. 3 year 2001 on Coordinating Board of Disaster Management.

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

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,

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

PREVENTION MITIGATION

PREPAREDNESS

RECOVERY

EMERGENCY RESPONSE DISASTER

DISASTER MANAGEMENT CYCLE (Tabrani, 2007)

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JAPAN

Kobe 1995 & Niigata

2004

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神戸

KOBE 1995

NIIGATA 2004 NIIGATA 2004

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

DESTRUCTION

OF BUILDING

• _{Fully collapsed 67421} • _{Partially collapsed 5545} • _{Number of building}

destructed 639.686

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}

Source : Kobe City Disaster Managem ent Center

MEASURES TAKEN (3) : TEMPORARY HOUSING

•32.346 units constructed

•First order for building temporary housing January 19, 1995 •Closed day December 20, 1999

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

Source : Kobe City Disaster Managem ent Office

Post Disaster Responses (2)

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

POST DISASTER RESPONSES (3)

Promote the activities of community building for social support, safety and security

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

Post Disaster Responses (4) : Training of Citizen

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

Post Disaster Responses (5) :

Kobe Urban Planning School

Promote study of citizen about urban

planning involving disaster prevention,

who will play a part of urban planning

LESSON LEARNED FOR THE NEXT VICTIM SERVICES IN JAPAN

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

communities

3. The need to establish local-based disaster prevention organization

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

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}

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

5. Local voluntary Disaster Management Organizations and Volunteer Activities

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

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

Disaster Countermeasures Basic

Act (1961)

ESTABLISHING SOME ELEMENTS :

• _{Disaster Management Council at National/}

prefectural/ municipal level

• _{Organization of multi-sectoral coordination body} • _{Disaster Management Plan at National/}

prefectural/ municipal level

• _{Disaster management planning system}

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.}

When disasters are large in scale, national and prefectural governments take action.

Source : Mr. Koji Suzuki (ADRC- Kobe)

AGENCIES INVOLVED

• _{Residents, voluntary}

group

• _{Local governments in}

stricken area

– _{Fire-fighting &}

ambulance

– _Police – _Hospital

• _{Assistance from other}

local governments

• _{National govenment}

• _{Fire Defense Agency} • _{Defence agency (self}

defence force)

• _{Japan Coast Guard}

• _{National Police Agency} • _{National Hospital}

• _NGOs

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}

• _{Disaster Management Seminar} • _{Disaster Management Fair, etc.}

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}

were sent from all over Japan in 2005. Prize winning posters are used for awareness raising activities.

DISASTER DRILL : KYOTO 1

SEPTEMBER 2006

DISASTER DRILL :

National

DISASTER EDUCATION

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

other useful information 5. Raising Public Awareness

Establishing Disaster Prevention Center : Kyoto

Disaster Prevention Center : Ikebukuro Bousaikan Tokyo

Establishing Disaster Prevention Museum : Great Hanshin Awaji Memorial-Kobe

Establishing Disaster Prevention Museum : Tokyo Fire Museum

Disseminating

Information

Disseminating Information

& Manual (2)

Disseminating Poster

(NPO ACCU)

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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}

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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

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(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

shock for medical and nursing professionals dealing with disaster victims in Japan.

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•

_THAILAND

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DISASTER VICTIMIZATION IN THAILAND

• _{Natural hazard or natural disaster which}

frequently occurs in Thailand are :

• _drought,

• _earthquake, • _epidemic,

• _flood,

• _landslides, • _{wave/ surge,} • _{wild fires,}

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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}

caused the total financial loss of two billion US Dollars.

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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}

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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.

Burma/ Myanmar Embassy in Bangkok showed no intention to identify and took care the victims

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Land Ownership

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Victim Services (1) :

Legal Representation

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Victim Services (2) : Housing, Education

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Victim Services (3) :

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Disaster Victims : Sea Gypsy (Moken)

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Thailand Tsunami Victimizer

• _Nature?

• _{Foreign government (Burma)} • _{Investors, businessman}

• _{Local and central govt (cultural}

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}

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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}

victims, instead of crime victims, has always been a question (?)

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

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• _{Arigato gozaimashita} • _{Terima kasih banyak !}

Disaster Victims :

Sea Gypsy (Moken)

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Thailand Tsunami Victimizer

•

_Nature?

•

_{Foreign government (Burma)}

•

_{Investors, businessman}

•

_{Local and central govt (cultural}

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.

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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} victims, instead of crime victims, has

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}

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•

_{Arigato gozaimashita}

•

_{Terima kasih banyak !}