disaster victims heru susetyo
DISASTER
VICTIMS
HERU SUSETYO
Faculty of Law University of Indonesia
Depok – INDONESIA
11TH Asian Postgraduate Course
on Victimology and Victim Assistance
Depok , Indonesia - 26 July 2011
Emergency and Disaster Hazard Mapping, Indonesia
(Emergency/Disaster Supermarket) –URDI/ FKM-UI
NAD
2,3,4,5,6,7,13
,14
W. Kalimantan
1,3,8,4,6,10,9,5,11,
13,14
C. Kalimantan
6.10,8,9,3,11,7,
14
S. Kalimantan
3,10,5,13,14
E. Kalimantan
3,10, 8,9,5,14
Gorontalo
3,14
C. Sulawesi
2,3,6,9,7,13,14
N. Sumatra
3,4,7,14
W Sumatra
1,2,
3,4,8,11,14
Bangka Belitung
3,14
S. Sulawesi
3,4,6,7,13,14
S.E Sulawesi
3,6,14
S. Sumatra
3,4,14
N.Maluku
2,4,6,7,9,13,14
Riau
3,5,7,8,14
Papua
2,3,4,6,7,9,11,13,1
4
Kep Riau
14
3
Lampung
2,3,14
Maluku
2,3,6,7,9,11,13,14
Bengkulu
2,4,14
NTT
1,3,6,9,11,2,13,4,5,
14
Jambi
3,14
Banten
2,3,5,12,14
N. Sulawesi
1,3,8,2,4,11,13,14
Jakarta
3,4,6,7,9, 14
W, Java
2,3,4,5,6,7,11,
14
C. Java
1,2,3,4,5,9,11,
12,14
Jogyakarta
1,11,14
E. java
1,2, 3,5,6,7,9
,11,12,13,14,
Bali
2,3,4,6,7,9,14
NTB
3,6,2,9,4,5,11,7,14
Type of Emergency and Disaster
1.
2.
3.
4.
Volcano
Earthquake
Flood
Landslide
5. Hurricane
9. Disease outbreak
OF LAW 10. storm
6. FACULTY
Conflict
7. Terrorism OF INDONESIA
11. Drought
UNIVERSITY
8. Environment Pollution
12. Industrial Accident
13. Tsunami
14. Transportation
Accident
ACTIVE VOLCANOES DISTRIBUTION MAP IN INDONESIA
DEPARTEMENT OF ENERGI AND MINERAL RESOURCES
DIRECTORATE GENERAL OF GEOLOGY AND MINERAL RESOURCES
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Tsunami and earthquake in Aceh, Indonesia December
26th, 2004 (courtesy of BSMI)
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Yogyakarta Earthquake
27 May 2006
• Occurred on May 27, 2006 at 05.57
• Epicentrum : 37.2km to the south of
Yogyakarta (33 km depth)
• Human casualties : 5778
• Affected areas : Yogyakarta province and
Central Java province
• Total houses/ building collapse/ partly
destroyed : 307.000 (only in Yogyakarta
province)
FACULTY OF LAW
UNIVERSITY OF INDONESIA
FACULTY OF LAW
UNIVERSITY OF INDONESIA
VICTIMS’ NEEDS
Following the disaster, the victims do need some
assistances as follows:
•
•
•
•
•
•
•
Food (including special food and milk for baby),
Sanitation and clean water
Clothes (Including special clothes for women
Permanent/ temporary shelter
medicine
education
Coping with psychosocial trauma (PTSD – Post
Traumatic Stress Disorder)
• attention-affection-love.
• etc
FACULTY OF LAW
UNIVERSITY OF INDONESIA
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
12. Property issues
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Rights-based Approach
related to Disaster Victims
(Raj Kumar, 2005)
According to UNDP, a rights-based approach
underlines :
• the importance of participation
• Equality
• Non discrimination
• Access to opportunities in society by
ensuring that the rule of law, transparency,
and accountability is protected and good
public management practices are followed in
institutions.
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
• ECONOMICAL DAMAGES
• LEGAL-SOCIAL PROBLEMS
• POLITICAL PROBLEMS
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Problem in Rehabilitation and
Reconstruction (housing)
• Unequal disbursement of financial
assistance
• discrimination
• Wrong allocation in providing
reconstruction funds
• Data not available
• corruption
Disaster Victimization in Indian
Ocean Tsunami December 2004
• Victimizer : nature?
• Victims : direct victims (people living
surrounded the affected areas) and
indirect victims, the families, etc.
• Secondary victimizer : government
officials, victim assistants, law
enforcement authorities, local people, etc.
• Corruption, lack of transparency
• Problem with Compensation
FACULTY OF LAW
UNIVERSITY OF INDONESIA
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Secondary victimizer?
“…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)
FACULTY OF LAW
UNIVERSITY OF INDONESIA
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!”
(Kharismawan, 2005)
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 !”
(Krauss, 2005)
• Kofi Annan (Former UNSG)
“number of deaths due to disaster 669.000
people from 1994 – 2003”
• Death in conflicts (13.000.000)
• Number of refugees and internally
displaced persons in 2003 > 35.000.000
(Malanczuk, 2005)
What is Disaster?
• Disaster can be defined as a serious
disruption of the functioning of a society
causing widespread human, material,
financial, and environmental losses which
exceed the ability of the society to cope
using its own resource (PNDCC, 1996)
• Or a sudden or great misfortune, calamity, or
a sudden calamitous event producing great
material damage, loss, and distress (Dejoras,
1997).
FACULTY OF LAW
UNIVERSITY OF INDONESIA
hazard
Potentially damaging physical event,
phenomenon or human activity that may
cause the loss of life or injury, property
damages, social and economic disruption, or
environmental degradation.
• Hazards can include latent conditions that
may represent future threats and can have
different origins, natural (geological,
hydrometeorological, and biological) or induced
by human processes (environmental
degradation and technological hazards).
•
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.
They can occur separately or together, and are generally, although
not always, unrelated. Natural disasters are also known as `acts of
God` because they can strike with little or no warning and without
any apparent direct human involvement (Coenraads, 2006).
FACULTY OF LAW
UNIVERSITY OF INDONESIA
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,
2005)
Current Legal Status
of Disaster Relief (2)
• The principle of state sovereignty, still an
ambiguos cornerstone of international law,
has often been a major obstacle in the
absence of bilateral or regional treaties. The
experience with the Asian tsunami disaster
has underlined this major deficit.
• The prevailing principles on disaster victims
(in this case is IDPs) are soft law (legally
non binding principles)
(Malanczuk, 2005)
International Disaster
Response Law
• Initiated by Red Cross and Red Crescent
societies
• Containing guiding principles and practice
on international disaster response.
• SPHERE PROJECT : humanitarian
charter and minimum standards common
to all sectors in disaster response (initiated
in 1997)
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
assistance, in particular the supply of food, medicines,
and health care, for which access to victims is essential
(Raj Kumar, 2005)
The Abandonment of Natural
Disaster Victims(2)
• There is a lack of attention to human rights
protection and that measures need to be
taken to address issues such as
discrimination…(this was echoed in the
tsunami aftermath reports of India and
Indonesia by Human Rights Watch and
Amnesty International.
• Problem with corruption and the need for
transparency in the distribution of aid
(Raj Kumar, 2005)
Rights-based Approach in
Disaster Management
•
1.
2.
3.
4.
5.
6.
Focusing on rights-based approaches to disaster
management ensures accountability becomes a core
component. According to UNDP, a rights-based
approach underlines the importance of :
Participation
Equality
Non discrimination
Rule of law
Transparency and accountability
Good public management practices
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (1)
• Since the principal victims of disaster are the
persons who are affected by the disaster,
there is a need for them to receive the most
immediate attentions.
• Victims of disasters include not only persons
directly affected by the disaster, but also those
indirectly harmed by the disaster such as a
family, one of whose members has died or
is otherwise adversely affected.
(Chockalingam, 2005)
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (2)
• The victimological perspective on disaster centrally
locates the victims in the discourse relating to
disaster management.
• The victimological perspective regarding disaster
management attempts to emphasize developing a
framework whereby the rights of disaster victims are
duly-protected, and victims receive the required
assistance in the aftermath of disasters.
(Chockalingam, 2005)
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (3)
• Disaster victimization requires a response which places
victims at the center of attention.
• The response mechanism need to be based upon the
needs of victims.
• Need to recognize the unique vulnerabilities of children
and women during disasters
• Extending their area focus of criminal justice system
• Recognizing the rights of disaster victims expand the
scope of victimology.
• This expansion requires developing inter-disciplinary
approaches to disaster management.
(Chockalingam, 2005)
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (4)
• A victimological account of disasters needs to
be emphasize the importance of developing a
viable system of disaster preparedness that
ensures that countries are better prepared for
disaster and is able to respond to them.
• Such measures involve planning, recognizing
the plight of disaster victims, and developing
strategies for addressing their needs.
(Chockalingam, 2005)
MEASURES TO BE TAKEN
• Theoretical victimology should takes serious note of
disaster victims
• Formulates response strategies, and suggesting policies
and mechanisms for providing the necessary assistance
and other forms of relief to victims of disasters.
• Identifying key actors to participate in a network for
disaster management
• Establising victim-focused approach in disaster
management
(Chockalingam, 2005)
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
(Kirchhoff & Morosawa, 2009)
Ezzat Fattah on Victimology (1)
(Ezzat Fattah, 2002)
• Victimology, the study of crime victims, their
characteristics, their relationship to, and their interactions
with, their victimizers, their role and their actual
contribution to the genesis of crime, offers a great
promise for transforming etiological criminology from a
static, one-sided study of the traits and attributes of the
offender into a dynamic, situational approach that views
criminal behaviour not as a unilateral action but as the
outcome of dynamic processes of interaction.
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Ezzat Fattah on Victimology (2)
• The study of the victims is and will
always remain an integral part of
criminology. Any attempt to separate
victimology from criminology, or to treat it
as an independent or autonomous
discipline is bound to fail.
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,
defining its key concepts, theoretical approaches, refining its datacollection methods, and generally trying to establish itself as a
legitimate and independent discipline.
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).
• What about disaster victimization?
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Mendelsohn & General
Victimology Victimology
•
Beniamin Mendelsohn continued to develop
his ideas about victims for crime until he arrived
at the theory of general victimology. Its purpose
was to help `victims of all kinds` -including
victims of beyond human control (Hoffman,
1992 : 90).
• Mendelsohn developed the concept of victimity
: “whole of the socio-bio-psychological
characteristics, common to all victims in
general, which society wishes to prevent and
fight, no matter what their determinants are
(criminal or others).
FACULTY OF LAW
UNIVERSITY OF INDONESIA
VICTIMS
HERU SUSETYO
Faculty of Law University of Indonesia
Depok – INDONESIA
11TH Asian Postgraduate Course
on Victimology and Victim Assistance
Depok , Indonesia - 26 July 2011
Emergency and Disaster Hazard Mapping, Indonesia
(Emergency/Disaster Supermarket) –URDI/ FKM-UI
NAD
2,3,4,5,6,7,13
,14
W. Kalimantan
1,3,8,4,6,10,9,5,11,
13,14
C. Kalimantan
6.10,8,9,3,11,7,
14
S. Kalimantan
3,10,5,13,14
E. Kalimantan
3,10, 8,9,5,14
Gorontalo
3,14
C. Sulawesi
2,3,6,9,7,13,14
N. Sumatra
3,4,7,14
W Sumatra
1,2,
3,4,8,11,14
Bangka Belitung
3,14
S. Sulawesi
3,4,6,7,13,14
S.E Sulawesi
3,6,14
S. Sumatra
3,4,14
N.Maluku
2,4,6,7,9,13,14
Riau
3,5,7,8,14
Papua
2,3,4,6,7,9,11,13,1
4
Kep Riau
14
3
Lampung
2,3,14
Maluku
2,3,6,7,9,11,13,14
Bengkulu
2,4,14
NTT
1,3,6,9,11,2,13,4,5,
14
Jambi
3,14
Banten
2,3,5,12,14
N. Sulawesi
1,3,8,2,4,11,13,14
Jakarta
3,4,6,7,9, 14
W, Java
2,3,4,5,6,7,11,
14
C. Java
1,2,3,4,5,9,11,
12,14
Jogyakarta
1,11,14
E. java
1,2, 3,5,6,7,9
,11,12,13,14,
Bali
2,3,4,6,7,9,14
NTB
3,6,2,9,4,5,11,7,14
Type of Emergency and Disaster
1.
2.
3.
4.
Volcano
Earthquake
Flood
Landslide
5. Hurricane
9. Disease outbreak
OF LAW 10. storm
6. FACULTY
Conflict
7. Terrorism OF INDONESIA
11. Drought
UNIVERSITY
8. Environment Pollution
12. Industrial Accident
13. Tsunami
14. Transportation
Accident
ACTIVE VOLCANOES DISTRIBUTION MAP IN INDONESIA
DEPARTEMENT OF ENERGI AND MINERAL RESOURCES
DIRECTORATE GENERAL OF GEOLOGY AND MINERAL RESOURCES
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Tsunami and earthquake in Aceh, Indonesia December
26th, 2004 (courtesy of BSMI)
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Yogyakarta Earthquake
27 May 2006
• Occurred on May 27, 2006 at 05.57
• Epicentrum : 37.2km to the south of
Yogyakarta (33 km depth)
• Human casualties : 5778
• Affected areas : Yogyakarta province and
Central Java province
• Total houses/ building collapse/ partly
destroyed : 307.000 (only in Yogyakarta
province)
FACULTY OF LAW
UNIVERSITY OF INDONESIA
FACULTY OF LAW
UNIVERSITY OF INDONESIA
VICTIMS’ NEEDS
Following the disaster, the victims do need some
assistances as follows:
•
•
•
•
•
•
•
Food (including special food and milk for baby),
Sanitation and clean water
Clothes (Including special clothes for women
Permanent/ temporary shelter
medicine
education
Coping with psychosocial trauma (PTSD – Post
Traumatic Stress Disorder)
• attention-affection-love.
• etc
FACULTY OF LAW
UNIVERSITY OF INDONESIA
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
12. Property issues
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Rights-based Approach
related to Disaster Victims
(Raj Kumar, 2005)
According to UNDP, a rights-based approach
underlines :
• the importance of participation
• Equality
• Non discrimination
• Access to opportunities in society by
ensuring that the rule of law, transparency,
and accountability is protected and good
public management practices are followed in
institutions.
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
• ECONOMICAL DAMAGES
• LEGAL-SOCIAL PROBLEMS
• POLITICAL PROBLEMS
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Problem in Rehabilitation and
Reconstruction (housing)
• Unequal disbursement of financial
assistance
• discrimination
• Wrong allocation in providing
reconstruction funds
• Data not available
• corruption
Disaster Victimization in Indian
Ocean Tsunami December 2004
• Victimizer : nature?
• Victims : direct victims (people living
surrounded the affected areas) and
indirect victims, the families, etc.
• Secondary victimizer : government
officials, victim assistants, law
enforcement authorities, local people, etc.
• Corruption, lack of transparency
• Problem with Compensation
FACULTY OF LAW
UNIVERSITY OF INDONESIA
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Secondary victimizer?
“…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)
FACULTY OF LAW
UNIVERSITY OF INDONESIA
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!”
(Kharismawan, 2005)
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 !”
(Krauss, 2005)
• Kofi Annan (Former UNSG)
“number of deaths due to disaster 669.000
people from 1994 – 2003”
• Death in conflicts (13.000.000)
• Number of refugees and internally
displaced persons in 2003 > 35.000.000
(Malanczuk, 2005)
What is Disaster?
• Disaster can be defined as a serious
disruption of the functioning of a society
causing widespread human, material,
financial, and environmental losses which
exceed the ability of the society to cope
using its own resource (PNDCC, 1996)
• Or a sudden or great misfortune, calamity, or
a sudden calamitous event producing great
material damage, loss, and distress (Dejoras,
1997).
FACULTY OF LAW
UNIVERSITY OF INDONESIA
hazard
Potentially damaging physical event,
phenomenon or human activity that may
cause the loss of life or injury, property
damages, social and economic disruption, or
environmental degradation.
• Hazards can include latent conditions that
may represent future threats and can have
different origins, natural (geological,
hydrometeorological, and biological) or induced
by human processes (environmental
degradation and technological hazards).
•
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.
They can occur separately or together, and are generally, although
not always, unrelated. Natural disasters are also known as `acts of
God` because they can strike with little or no warning and without
any apparent direct human involvement (Coenraads, 2006).
FACULTY OF LAW
UNIVERSITY OF INDONESIA
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,
2005)
Current Legal Status
of Disaster Relief (2)
• The principle of state sovereignty, still an
ambiguos cornerstone of international law,
has often been a major obstacle in the
absence of bilateral or regional treaties. The
experience with the Asian tsunami disaster
has underlined this major deficit.
• The prevailing principles on disaster victims
(in this case is IDPs) are soft law (legally
non binding principles)
(Malanczuk, 2005)
International Disaster
Response Law
• Initiated by Red Cross and Red Crescent
societies
• Containing guiding principles and practice
on international disaster response.
• SPHERE PROJECT : humanitarian
charter and minimum standards common
to all sectors in disaster response (initiated
in 1997)
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
assistance, in particular the supply of food, medicines,
and health care, for which access to victims is essential
(Raj Kumar, 2005)
The Abandonment of Natural
Disaster Victims(2)
• There is a lack of attention to human rights
protection and that measures need to be
taken to address issues such as
discrimination…(this was echoed in the
tsunami aftermath reports of India and
Indonesia by Human Rights Watch and
Amnesty International.
• Problem with corruption and the need for
transparency in the distribution of aid
(Raj Kumar, 2005)
Rights-based Approach in
Disaster Management
•
1.
2.
3.
4.
5.
6.
Focusing on rights-based approaches to disaster
management ensures accountability becomes a core
component. According to UNDP, a rights-based
approach underlines the importance of :
Participation
Equality
Non discrimination
Rule of law
Transparency and accountability
Good public management practices
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (1)
• Since the principal victims of disaster are the
persons who are affected by the disaster,
there is a need for them to receive the most
immediate attentions.
• Victims of disasters include not only persons
directly affected by the disaster, but also those
indirectly harmed by the disaster such as a
family, one of whose members has died or
is otherwise adversely affected.
(Chockalingam, 2005)
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (2)
• The victimological perspective on disaster centrally
locates the victims in the discourse relating to
disaster management.
• The victimological perspective regarding disaster
management attempts to emphasize developing a
framework whereby the rights of disaster victims are
duly-protected, and victims receive the required
assistance in the aftermath of disasters.
(Chockalingam, 2005)
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (3)
• Disaster victimization requires a response which places
victims at the center of attention.
• The response mechanism need to be based upon the
needs of victims.
• Need to recognize the unique vulnerabilities of children
and women during disasters
• Extending their area focus of criminal justice system
• Recognizing the rights of disaster victims expand the
scope of victimology.
• This expansion requires developing inter-disciplinary
approaches to disaster management.
(Chockalingam, 2005)
VICTIMOLOGICAL PERSPECTIVE
ON DISASTER VICTIMS (4)
• A victimological account of disasters needs to
be emphasize the importance of developing a
viable system of disaster preparedness that
ensures that countries are better prepared for
disaster and is able to respond to them.
• Such measures involve planning, recognizing
the plight of disaster victims, and developing
strategies for addressing their needs.
(Chockalingam, 2005)
MEASURES TO BE TAKEN
• Theoretical victimology should takes serious note of
disaster victims
• Formulates response strategies, and suggesting policies
and mechanisms for providing the necessary assistance
and other forms of relief to victims of disasters.
• Identifying key actors to participate in a network for
disaster management
• Establising victim-focused approach in disaster
management
(Chockalingam, 2005)
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
(Kirchhoff & Morosawa, 2009)
Ezzat Fattah on Victimology (1)
(Ezzat Fattah, 2002)
• Victimology, the study of crime victims, their
characteristics, their relationship to, and their interactions
with, their victimizers, their role and their actual
contribution to the genesis of crime, offers a great
promise for transforming etiological criminology from a
static, one-sided study of the traits and attributes of the
offender into a dynamic, situational approach that views
criminal behaviour not as a unilateral action but as the
outcome of dynamic processes of interaction.
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Ezzat Fattah on Victimology (2)
• The study of the victims is and will
always remain an integral part of
criminology. Any attempt to separate
victimology from criminology, or to treat it
as an independent or autonomous
discipline is bound to fail.
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,
defining its key concepts, theoretical approaches, refining its datacollection methods, and generally trying to establish itself as a
legitimate and independent discipline.
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).
• What about disaster victimization?
FACULTY OF LAW
UNIVERSITY OF INDONESIA
Mendelsohn & General
Victimology Victimology
•
Beniamin Mendelsohn continued to develop
his ideas about victims for crime until he arrived
at the theory of general victimology. Its purpose
was to help `victims of all kinds` -including
victims of beyond human control (Hoffman,
1992 : 90).
• Mendelsohn developed the concept of victimity
: “whole of the socio-bio-psychological
characteristics, common to all victims in
general, which society wishes to prevent and
fight, no matter what their determinants are
(criminal or others).
FACULTY OF LAW
UNIVERSITY OF INDONESIA