Multi-level Analysis of Responses to Disaster Displacement in East and Southeast Asia Chien-yu Liu S.J.D. Candidate Georgetown University Law Center 0 Table of Contents Abstract----------------------------------------------------------------------------------------------- 2 Chapter I: Introduction---------------------------------------------------------------------------- 4 Chapter II: Legal and Policy Frameworks----------------------------------------------------- 24 Chapter III: Case Studies-------------------------------------------------------------------------- 57 1. Typhoon Morakot in Taiwan (2009)----------------------------------------- 57 2. Tohoku Earthquake, Tsunami & Nuclear Incident in Japan (2011)-- 93 3. Typhoon Haiyan in the Philippines (2013)-------------------------------- 112 Chapter IV: Case Comparisons------------------------------------------------------------------177 Chapter V: Conclusion: Disasters as Opportunities -------------------------------------- 181 Appendix I: Sample Interview Questions----------------------------------------------------- 189 1 Abstract This thesis examines responses at the international, national and local levels to severe natural hazards that produce large-scale displacement. Its focus is on east and southeast Asia, a region that is particularly exposed to such hazards, which take the form of cyclones/typhoons, tsunamis, earthquakes, floods and other such events. The thesis analyzes responses in three countries in the region: Taiwan, Japan and the Philippines. The responses are assessed in relationship to standards in international and national laws and policies as well as norms and effective practices drawn from the humanitarian and development fields. Natural hazards can be devastating to both the environment and human beings. Human factors, especially effectiveness of governmental responses, exacerbate impacts of natural hazards and may turn what could otherwise be short-term problems into acute and long-term disasters. The severity of natural disasters poses threats to personal property, national security, and international heritage. It is often difficult to distinguish whether the impacts are a direct result from natural hazards or human behavior. Regardless, States need to be well prepared for these events. To provide the readers with a snapshot, from 1998 to 2007, it is estimated that there were 8,400 natural disasters around the globe and more than 2 million people were killed due to these events. The number of people uprooted due to environmental problems worldwide in 2008 was unprecedented. Extreme climate-related disasters have put roughly 20 million people displaced with another 16 million uprooted due to other sudden natural disasters. According to the Internal Displacement Monitoring Centre, from 2008 to 2014, 42.4 million people were displaced due to sudden onset natural disasters. It is further estimated that by the year of 2050, there will be approximately 200 million people displaced due to environmental problems. These disasters can pose serious challenges to national, regional, and international peace and security. In this interdependent world, every State could be affected by these risks. States might be even more vulnerable when a large portion of its population resides in the hotspots for natural hazards. Notwithstanding, there is not yet a unified, legally binding international instrument to specifically address ways to assist and protect persons affected by natural disasters. Compared to the international refugee regime, persons who are forcibly displaced due to natural disasters do not have similar status under international law. Instead of a hard law instrument, there are sets of standards, operational guidelines, and policy processes that are related to disaster risk reduction, internal displacement, and humanitarian assistance. In practice, meeting the actual needs of the affected people and implementation of these instruments can be challenging because every event is unique and oftentimes complex. In addition, institutional overlapping and gaps in their functions and mandates may delay such protection. Some questions I would like to pose are: Do the existing instruments sufficiently identify the needs of the people that are affected by natural disasters? What is the legal status of in international law? How is the legal status of the people who are displaced because of natural disasters different from refugees in the current international refugee protection regime? How can decision-makers make better resettlement law and policy? At the domestic level, States do not always have the capacity to respond to natural disasters. Not every State has effective disaster response systems in place. Even for States that have carefully crafted disaster response policy and laws, the scale of natural disasters can overwhelm States’ response capacity. Hence, States need to request assistance from the international community. Coordination becomes a big issue as numerous actors and various resources rush in right after natural disasters. Intangible factors, such as cultural differences between foreign teams and local communities, can also hinder or facilitate the response efforts. On the other hand, 2 community ties might glue people together and provide support and strength to community members. To examine the current gaps in assisting and protecting the persons affected by natural disasters, I conduct case studies and interview humanitarian stakeholders. I chose three disasters that affect East and Southeast Asia: typhoon Morakot that hit Taiwan in 2009, Tohoku earthquake, tsunami and nuclear accident that happened in Japan in 2011, and typhoon Haiyan that hit the Philippines in 2013. The region has the highest number of disasters but has not yet been studied in relationship to displacement to the same extent as other regions. Despite some challenges amid conducting the interviews, the interview results are valuable, and they enrich the literature. I argue that a human rights-based approach that considers social vulnerabilities and disaster risk reduction measures would better assist and protect persons affected by natural disasters, especially the forced migrants. As to the institutional design, the cluster system can be a model to integrate non-UN agencies in the response work, and regional and local participation is essential to this engagement. And, for the people who are forcibly uprooted due to natural disasters, I use the term “environmental migrants” or “disaster displaced persons,” instead of “environmental refugees” because the vast majority do not meet the definition of a refugees per the 1951 Convention Relating to the Status of Refugees. Structurally, this paper starts with defining natural disasters and natural hazards and an overview of issues that relate to the international response to natural disasters. This paper also introduces the legal and policy frameworks, such as the 1998 Guiding Principles on Internal Displacement, and how they might be useful for the international community to approach issues that derive from assisting and protecting persons affected by natural disasters. By conducting the case studies and interviews, I search for effective and flexible ways to respond to sudden on-set natural disasters. I came to find the following takeaways. First, most affected persons concern about access to livelihoods, and not every person would be willing to leave their homes and adapt to a new lifestyle. Second, because of different perspectives toward risks, tailoring disaster response policy based on the characteristics of urban and non-urban areas is extremely important. Third, some issues will not emerge until the implementation phase. Hence, maintaining flexibility and room for adjustment might ensure higher satisfaction from affected persons. I hope this project will serve as an anchor and lead to further discussions about how the international community may be more coordinated in response to other humanitarian crises and how States can draft relocation policies that meet the safety standards and the needs of the affected persons. Keywords: Natural Disaster, Forced Migration, Disaster Displacement, Humanitarian Crisis, and Development. 3 Chapter I: Introduction I. Introduction Natural disasters result from the interactions between society and nature, and these events have caused great losses of lives and properties throughout human history. From 1998 to 2007, it is estimated that there were roughly 8,400 natural disasters around the globe, resulting in the fatalities of over 2 million people.1 The number of people uprooted due to environmental problems worldwide in 2008 was unprecedented. It is estimated that extreme climate-related disasters have put 20 million people displaced with another 16 million uprooted due to other sudden onset natural disasters in 2008.2 According to the Internal Displacement Monitoring Centre, from 2008 to 2014, displacement due to sudden onset natural disasters amounts to 42.4 million.3 It is further estimated that by the year of 2050, there will be roughly 200 million people displaced due to environmental problems.4 A well-coordinated and well-funded international response that focuses on human rights and the needs of the affected persons is essential to mitigate and prevent the harms caused by natural disasters. Oftentimes, these calamities overwhelm the affected State’s capacity to respond, and thus involve external actors, such as non-state actors and other States, in the response work. During every