•  
  •  
 

Abstract

In the last decade, the occurrences of natural disasters in ASEAN (Association South East Nations) regions have intensified. ASEAN was prone natural disasters such as earthquakes and tsunamis which frequently hit the region and as we know natural disasters can happen anytime. In a disaster management process, an understanding of law especially in the context of human rights protection is crucially needed, including in the prior disaster phases, in the emergency-disaster phase, and in the after-disaster phase. If such elements are excluded, it may postpone the implementation of humanitarian aid program and may even be a threat to the victims’ rights. This situation is more concretely illustrated in the after disaster phase, where law is needed to protect the vulnerable societies, namely in handling the problem of illegal adoption of an orphan child, child and women trafficking, and violation to marginal groups and discrimination in humanitarian aid distribution. The understanding human rights law in disaster situation will be tested in the field, as it often occurs that the law is not compatible with the situation, or that it is not complete or contrary to the system of law, or the lack of understanding regarding the law. Human rights are the basic rights which must be conferred to everyone. The international law and human rights posted the obligation to the state to protect, respect, and fulfill those rights without discrimination. ASEAN as a Regional International Organization has had the ASEAN Agreement on Disaster Management and Emergency Response and also The ASEAN Coordination Center for Humanitarian in related with disaster management.

References

Abbott, Patrict L. Natural Disasters. 4th Edition, (the McGraw-Hill, 2004) Malanczuk, Peter. Akehurst’s Modern Introduction to International Law, http://wwww.netlibary.comlibproxy1.nus.edu.sg/Reader/ retrieved on19 January 2010 Puspita, Natalia Yeti. “Paper for Asian Law Institute Seminar at National University of Singapore”, 12 February 2010 Puspita, Natalia Yeti. “Paper for Presentation on 3rd Conference Asian Society of International Law (AsianSil)”, Sunworld Dynasty Hotel Beijing, 27-28 August 2011 Supancana, IBR. “International Disaster Response Law, Rules And Principles (IDRL) Programme of The International Federation of Red Cross And Red Crescent Societies (IFRC)” Susanto, A.B. Disaster Management di Negeri Rawan Bencana, (Jakarta: Aksara Grafika Pratama, Jakarta) “Human Rights and Natural Disasters, Operational Guidelines and Field Manual on Human Rights Protection in Situations of Natural Disasters”, Brookings-Bern Project on Internal Displacement. See also IASC IDP Policy, Annex 3 (referring to Sylvie Giossi Caverzasio (ed), Strengthening Protection in War – A Search for Professional Standards, Geneva, ICRC, 2001, P.6., See also the glossary of the International Society for Disaster Reduction; http://www.unisdr.org/eng/library/lib-terminologyeng% 20home.htm (16 May 2007). Report of the Representative of the Secretary-General on the Human Rights of Internally Displaced Persons, E/CN.4/2006/71, paragraphs 4-8 Universal Declaration of Human Rights International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights Common Article 3 to the 1949 Geneva Conventions Convention on the Rights of Child ILO Convention on the Worst Forms of Child Labor, Nr. 182; Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Confl ict. http://en.wikipedia.org/wiki/Natural_disaster, retrieved on 26 October 2009. http://www.ways2cope.com/Articles/Disaster/Disaster%20-%20natural%20disaster.aspx, retrieved on 26 October 2009 Http://ocha.unog.ch/drptoolkit/PNormativeGuidanceGeneral.html. Retrieve on 1st April 2011 http://www.ifrc.org/en/what-we-do/idrl/guidelines/, retrieved on 30 May 2011 http://www.asean.org/PR-AADMER-EIF-End-2009.pdf, retrieved on 11 October 2011 http://www.asean.org/19599.htm, retrieved on 11 October 2011

Download

Share

COinS