TSUNAMI RESPONSE

A HUMAN RIGHTS ASSESSMENT

PDHRE, People’s Movement for Human Rights Learning Habitat International Coalition – Housing and Land Rights Network CONTENTS

“All people and all human beings, without Foreword 03 distinction as to race, colour, sex, language, Reflections 07 religion, nationality, ethnic origin, family or social Executive summary 09 status, or political or other conviction, shall have Introduction 13 the right to live in dignity and freedom and to Land 15 enjoy the fruits of social progress and should, Housing 23 on their part, contribute to it.” Livelihoods 33 United Nations Declaration on Social Progress and Women 41 Development, 1969 General Assembly resolution 2542. Discrimination 49 General recommendations 54 Appendices 57

Appendix one: methodology 57 Appendix two: list of locations 58 surveyed Appendix three: joint statement 60 by Miloon Kothari and Walter Kälin

January 2006 03

FOREWORD

The December 2004 tsunami A lack of access to education, a rapidly to natural disasters and unleashed loss and destruction of lack of security of tenure for land mitigate their impact”.2 horrific magnitude in 12 countries1 and housing, domestic violence in Asia and Africa. One year after and other forms of gender Inadequate response and a lack the tragedy, despite the discrimination conspire to hamper of consideration for the human tremendous efforts of local, recovery. The presence of military rights of victims creates a human- national and international forces in camps where tsunami induced tragedy that exacerbates agencies, the rehabilitation and survivors are living and the lack of the plight of those already reconstruction process is fraught privacy in temporary shelters suffering the effects of a disaster with difficulties. have caused serious concern for brought on by natural causes. women’s physical safety. This is Therefore, individual states, Even though all the affected compounded by an absence of international agencies including countries have ratified adequate health services. the UN and its programmes, civil international human rights society and the private sector, instruments, they are failing to Greater efforts must also be must redouble efforts towards the meet these standards in post- made to uphold the rights of realisation of human rights tsunami relief and rehabilitation children. Special guarantees are worldwide, including rights to work. Allegations of human yet to be put in place to enable disaster-preparedness and rights violations in tsunami- orphaned children to receive disaster-response. Indeed this is affected areas are rampant. entitlements to land and essential if we are to reduce the These include discrimination in compensation. Instead these loss of life, human suffering and aid distribution, forced relocation, assets are being absorbed into homelessness resulting from arbitrary arrests and sexual and the existing family units of disasters in the future. It is only gender-based violence. One year temporary guardians. through national and international on, tsunami reconstruction efforts cooperation based on human are plagued with serious delays Under international human rights rights standards3 that people and have not been given the law, individual states bear the uprooted and at risk as a result of priority they warrant. primary responsibility for devastating natural disasters can protecting the rights of their be effectively protected. While international attention is populations, including the rights to fading, post-tsunami challenges food, water, health, education and This report is a significant continue to have an enormous adequate housing. This contribution. It assesses the impact on the family structures responsibility extends to natural status of post-tsunami and social relations of affected disasters. As recently as reconstruction and clearly communities. This impact has September 2005, during the 60th highlights multiple human rights been particularly severe on session of the General Assembly violations in Indonesia, Thailand, women and other vulnerable of the United Nations, heads of Sri Lanka, India and the Maldives. groups, including children. state specifically expressed their It makes the demand for human commitment to “support the rights standards in resettlement Women continue to be efforts of countries... to strengthen and reconstruction all the more marginalised in the rehabilitation their capacities at all levels in urgent.4 Non-discriminatory and reconstruction process. order to prepare for and respond access to relief and rehabilitation, 04 05

mechanisms to ensure livelihoods and homes of those transparency and accountability, affected, it is vital that immediate and provision for the active humanitarian needs be participation of survivors are complemented with long-term fundamental, while all efforts must rehabilitation and reconstruction take into account the special programmes based on needs and concerns of women. international human rights standards, which uphold The report findings represent an survivors’ rights to dignity, opportunity to put things right. equality, livelihood and We know that there has been adequate conditions of living. some excellent work by governments and non- governmental organisations Miloon Kothari (NGOs) in the wake of the Special Rapporteur tsunami – the speed and scale of on Adequate Housing the response meant that lives United Nations Commission were saved and many predicted on Human Rights outbreaks of epidemics were contained – but it is not enough. New Delhi, January 2006 We can see that where people have organised, they have pushed governments and NGOs 1. Indonesia, Sri Lanka, India, Thailand, Maldives, Somalia and on lesser scale in six to be responsive, and we should other countries of Asia and Africa build on these efforts. 2. See 2005 World Summit Outcome Document at http://www.un.org/summit2005/documents All actors involved in relief and .html rehabilitation work must 3. Human rights standards including the undertake efforts to make sure International Covenant on Economic, Social that the grave mistakes made in and Cultural Rights, and the Guiding post-disaster experiences of the Principles on Internal Displacement past are not repeated. Failure to 4. A compilation entitled International Human Rights Standards on Post-Disaster immediately comply with human Resettlement and Rehabilitation prepared by rights standards will deepen the Habitat International Coalition – Housing and human-induced tragedy already Land Rights Network and People’s Movement for Human Rights Learning, in afflicted on the survivors of the collaboration with the UN Special Rapporteur tsunami. The resolve shown by on adequate housing, documents some of these existing standards: www.pdhre.org/HIC- states and the international PDHRE.pdf community in the immediate aftermath of the tsunami must not be allowed to dissipate. In the process of rebuilding the lives, 06 07

REFLECTIONS

No event in living memory has produced a response on the scale of the December 2004 tsunami. Much of the public and international reaction was due to the chilling images broadcast around the world of lives, homes and livelihoods being lost, swept away in the torrents of water that engulfed the coastline.

The responsibility is on us all – community groups, international NGOs and governments – to use the money donated to make a lasting difference to the millions of families affected by the tsunami. Though communities and NGOs are undoubtedly important actors, it is governments who control the lion’s share of relief and rehabilitation funds and who are ultimately responsible for protecting human rights. They should not be allowed to abdicate their responsibilities. People have a right to demand adequate rehabilitation.

This report looks specifically at how governments have dealt with human rights through the distribution of emergency relief, compensation and longer-term reconstruction. Whilst much of what governments have done in exceptionally difficult circumstances has been good, this report highlights a culture of failure to deliver to some of the most needy, some of the poorest and some of the people already on the margins of society due to their gender, their race or their ethnicity.

From its inception, ActionAid has believed that to bring about a fairer, more just and more equal society, we must challenge the age-old prejudices that leave millions of people without a voice in the democratic process and without the power to bring about meaningful changes in their lives.

Communities who live on the margins of society are at the centre of ActionAid’s work. We campaign with them for their right to live a life free from fear, free from poverty and free from prejudice in the only way we know how – by making governments accountable for their actions and the effect they have on their people.

Ramesh Singh Chief Executive, ActionAid International 09

EXECUTIVE SUMMARY

1. This report 3. Findings Generally, living conditions in temporary shelters and relief This report is about human rights 3.1 Land camps were found to be far in countries hit by the December The disaster has provided an below minimum standards set by 2004 tsunami. It focuses on the opportunity for governments to the UN.5 More specifically: accountability of governments and introduce new Statutes and/or their role in responding to the reinforce old ones that threaten — Overcrowding and inadequate tsunami. It also examines how new to take away people’s right to lighting has left women and legislation, policies and practices their land. children exposed to abuse. are undermining people’s rights to food, clean water, a secure home — ‘Buffer zones’ have been — Lack of toilets and running and a life free from fear. used to remove people from water has contributed to coastal areas under the guise of bad health. The findings show that safety. This has jeopardised the governments in the tsunami- livelihoods of those who rely on — Shoddy construction and affected countries are ignoring the sea for a living. second-grade materials mean the principles of the Universal people have suffered extremes of Declaration of Human Rights and — Governments have largely heat and cold. violating binding international failed in their responsibility to human rights law with clear provide land for permanent — Many families are unable to disregard for human dignity. housing. They have stood by or find work or are at risk from been complicit as land has been flooding due to relocation. grabbed and coastal communities 2. Methodology pushed aside in favour of If mistakes are to be undone and commercial interests. the human right to adequate More than 50,000 people living in housing met, the views and 95 villages and urban areas in — The granting or withholding of preferences of vulnerable groups Indonesia, Thailand, Sri Lanka, compensation has meant that such as women and children the Maldives and India were many people have been left must be taken into account. visited in November 2005. This with no option but to relocate. extensive field research is Families relocated to far away 3.3 Livelihoods complemented by desk reviews places face an uncertain future Millions of dollars worth of aid of government plans and policies and hostile environment. have been poured into restoring post-tsunami. livelihoods, but the goal of 3.2 Housing rebuilding livelihoods based on Structures and materials, space, human dignity and equality is still the provision of water and a long way off: sanitation, access to services and proximity to place of work are — Compensation has been used to assess governments’ inadequate, uneven and ignores the success in meeting the human needs of non-fishing communities right of adequate housing. such as farmers and labourers. 10 11

— Displaced people have been Women are being routinely 4. Recommendations 7. Participation of the tsunami- left with no means to earn a living. excluded from decision-making. affected must be the guiding Government policies have failed to In all five of the areas researched, principle of post-tsunami — Lack of livelihood support for offer new opportunities for women. our findings show that human rehabilitation. vulnerable groups such as rights have been undermined in women and migrant workers has 3.5 Discrimination and the aftermath of the tsunami. A 8. Non-government organisations exposed them to further vulnerability major effort is required to prevent should set a precedence in exploitation, trafficking and The tsunami has had a more further abuse of human rights and respecting human rights bonded labour. severe impact on marginalised to correct the wrongs that standards. groups. Deep-rooted inequalities characterise the first year of the Within the fishing community, based on caste, class, gender, tsunami response. Our general 9. The international community, those engaged in small-scale nationality and ethnicity have recommendations therefore including international financial fishing have benefited less from been magnified by discriminatory include the following measures: institutions, must integrate human livelihood support programmes. policies and practices. The rights in their humanitarian In programmes to generate local following groups have received 1.Post-tsunami recovery plans donor policy. employment, the affected people little or no support and are must be informed by a human complained of use of outside excluded from decision-making: rights framework. 10. The UN system must play a labour by contractors. larger role in monitoring human — ‘Sea gypsies’ and migrant 2. Disaster-response policies rights compliance. 3.4 Women labourers in Thailand. must be based on a human rights Relief and rehabilitation efforts approach including the human are dominated by male interests — Agricultural workers and rights education and learning with 5. General Comment 4 of the Committee on Economic, Social and Cultural Rights sets out and fail to recognise the crucial landless people in all countries. all stakeholders. minimum core obligations of the State in the role of women in leading the context of the right to adequate housing as: a) legal security of tenure; b) availability of recovery process: — Dalits (formerly ‘untouchable’ 3. The basic human rights to services, materials, facilities and infrastructure; castes) in India. housing and land for all must be c) affordability; d) habitability; e) accessibility; — f) location; and g) cultural adequacy. Single women, including protected and fulfilled. For details, visit: widows, have not been — Ethnic minorities and people http://www.unhchr.ch/tbs/doc.nsf/(symbol)/ recognised as a household unit displaced by war in eastern and 4. Livelihood restoration must be CESCR+General+comment+4.En? OpenDocument and have frequently been denied northern Sri Lanka. undertaken in a spirit of equality compensation. and non-discrimination. Government policies and — Housing design and layout in practices have reinforced rather 5. Relief and rehabilitation must particular has been gender than challenged social divisions. be gender-sensitive and insensitive, affecting women’s The overall situation for recognise women’s human rights. privacy and security. vulnerable groups is bleak. 6. Special protection must be — Increased burdens, such as given to those who face providing clean water, fall discrimination and exclusion. disproportionately on women. 12 13

INTRODUCTION

All human beings are born free received food, water, shelter, groups. Then, there are and equal in dignity and rights. psycho-social care and health unscrupulous business interests They are endowed with reason services. Epidemics and further that aim to profit even at the cost and conscience and should act loss of life were avoided. of poor people’s survival. towards one another in a spirit Continuous efforts have kept of brotherhood. hope alive. Most importantly, Mere aid is insufficient to tackle Universal Declaration of Human people’s resilience has such situations. The role of Rights, 1948 been strengthened. government is crucial. For aid to be effective, the onus is on A year has gone by since the ill- Yet at the same time, as this governments to: introduce fated day of 26 December 2004 report highlights, the conditions legislation that helps vulnerable INDIA when a tsunami, triggered by an endured by many tsunami groups; to transfer the largest earthquake of magnitude 9.0 on survivors, particularly by certain share of resources to the poorest THAILAND the Richter scale, hit 12 countries vulnerable communities, is and defend the most marginalised in Asia and Africa. It caused one unbelievably grim. Hundreds of through social protection of the worst disasters ever faced thousands of tsunami survivors measures; to prevent corporate ANDAMAN by humankind. More than 250,000 are still living in virtually interests from trampling over ISLANDS people have been reported dead uninhabitable shelters. They often people’s rights to housing and or missing. Over 2.5 million lack access to health and other livelihoods; and to enable people have been displaced and basic services. Thousands of communities to participate in rendered homeless. children have not been able to go decisions that affect their lives. back to school, women do not All these measures increase the SRI LANKA NICOBAR Brutal images of destruction, feel secure, people’s livelihoods effectiveness of aid. They create ISLANDS upheaval, death and loss stirred have not been restored, and conditions in which the good people from across the globe people are still distressingly wishes, prayers and donations to respond generously. uncertain about their future. of people around the world can MALDIVES Governments and non- bear fruit. governmental organisations It is unacceptable that, in the received unprecedented aid for most difficult of circumstances, It is in this context that we relief and rehabilitation from people’s basic rights should be examine the role of governments national and international ignored or suspended, when, in in post-tsunami relief and sources, individuals, businesses fact, the opposite should be true. rehabilitation in the affected and governments. countries. We believe that relief Through decades of experience and rehabilitation is not just about The relief effort was the largest of working with poor communities giving money and resources – it is INDONESIA ever undertaken. No doubt, the we are intimate with the social also about respecting the dignity efforts of governments, donors, structures that create of victims. International human local and international NGOs and discrimination, injustice and rights law provides us with a legal the UN have made significant exclusion. In disaster and post- and moral basis to hold inroads into the task of rebuilding disaster situations, discrimination governments accountable. It is people’s lives. In the immediate is often magnified, creating a governments who are signatories aftermath, the majority of victims double impact on vulnerable to international human rights laws 14 15

LAND

and these laws are supposed to in each section. Finally the report be binding. At the same time, all makes recommendations for “I CAME TO THE VILLAGE THE DAY other actors involved in post- governments which, if adhered disaster relief and reconstruction to, will contribute towards must also adhere to international reducing suffering and building a AFTER THE TSUNAMI TO LOOK FOR MY human rights standards to ensure better future for survivors. that the human rights of those CHILDREN BUT THE GUARDS HAD they are working for are upheld. This report is dedicated to all those who lost their lives in the The recovery process should tsunami on 26 December 2004. ALREADY PUT A FENCE UP. I BEGGED therefore be measured against international human rights We hope that the recommendations THEM TO LET ME IN BUT THEY SAID IT standards. At the core of these are acted upon by the governments standards is the full and informed of the affected countries. If they participation of affected are, then this will be a living WAS THEIR LAND AND THEY WOULD communities, including women memorial to all those that died. and other marginalised groups. BE BUILDING A HOTEL. THEY HELD

On 11 January 2005, within days Shivani Chaudhry of the disaster, 26 mandate- HIC-HLRN THEIR GUNS AND SAID THAT, IF I DIDN’T holders of special procedures of Habitat International Coalition— the United Nations Commission Housing and Land Rights Network GO, I WOULD JOIN THOSE WHO DIED IN on Human Rights issued a joint statement6 calling for urgent Minar Pimple commitment from governments PDHRE THE TSUNAMI. WE HAVE LOST OUR to uphold international human People’s Movement for Human rights standards in both the Rights Learning FAMILIES, NOW WE ARE HAVING OUR immediate response and the long-term rehabilitation Pushpendra phase. Unfortunately, as this ActionAid International HOMES STOLEN TOO.” report demonstrates, their Tsunami Response recommendations have not Coordination Centre DAENG, LAEM POM VILLAGE, THAILAND been heeded.

The information in this report is 6 For statement visit: http://www.unhchr.ch/huricane/huricane.nsf/ presented thematically and view01/22186F8A0066185DC1256F8600367 covers the key sectors of 8B1?opendocument housing, land, livelihoods, women and discrimination. Cross-cutting issues such as participation in decision-making and accountability are addressed 16 17

The right to land is one of the homes along the coast. India, organisations, the government of “STATES SHOULD TAKE MEASURES most contentious issues to have Indonesia, Sri Lanka, Thailand Tamil Nadu has recently arisen in the wake of the tsunami. and the Maldives have all amended legislation, accepting Across the region there are cases created restricted areas or their right to remain close to the TO PROMOTE AND PROTECT THE of conflict between communities islands, supposedly to mitigate sea but withholding benefits from who have historically lived along the impact of future storms or those who choose to do so. SECURITY OF LAND TENURE, the coastline and government tsunamis. With moving inland People are now allowed to departments, major land-owners often a pre-condition for rebuild and repair houses within and developers. With coastal receiving a new house, poorer 200 metres of the hightide line ESPECIALLY WITH RESPECT TO WOMEN, land at a premium for tourism families are left with little choice but they must pay for it and sea areas coveted by but to relocate. Lack of clarity themselves. On the other hand, if POOR AND DISADVANTAGED SEGMENTS industrial fishing companies, the over government plans and they choose to move more than governments of India, Sri Lanka, enforcement mean that many 200 metres from the hightide line, Indonesia and Thailand are people are still uncertain about they are eligible to receive a new OF SOCIETY, THROUGH LEGISLATION discouraging – and even their future. house from the government. preventing – people from THAT PROTECTS THE FULL AND returning to their original land and In India, the ‘coastal regulation In the case of Manginpudi Beach fishing areas. In some cases zone’ (CRZ), in existence since village in Andhra Pradesh, governments have made 1991, restricts dwellings and residents have been forcibly EQUAL RIGHT TO OWN LAND AND compensation contingent on other residential activity within relocated two kilometres away people relinquishing their rights 500 metres of the hightide line. from their original village, making OTHER PROPERTY.” to coastal land. Post-tsunami, the government way for new tourist resorts. The declared its intention to enforce government promised to allocate In other cases, governments this regulation rigorously. This new land to them and build them WORLD FOOD SUMMIT 2002 have failed to compensate local generated a huge outcry from new homes, but to date residents residents and farmers for land fishing communities along the have no information as to when that has become uninhabitable or coast of Tamil Nadu as it would these will be ready. barren due to sea water. have meant relocating several Survivors from Kuala Bubon in hundreds of villages. Not only “The land they have told us West Aceh, Indonesia, are still would it prevent fishing to move to is two kilometres awaiting compensation for lost communities from earning a living away from where we used to land and earnings, despite but it would deny their customary live. How can we go and fish repeated promises from the chief rights to land by the sea. For a if we are made to move to of Indonesia’s National Land number of those surveyed, this new place?” Agency. renewed enforcement of the CRZ Resident from Manginpudi would mean relinquishing legal Beach village, India Buffer zones tenure for coastal land and An aspect of government policy properties to the state under the In Sri Lanka in response to that has caused great hardship to guise of safety concerns. popular pressure in the run-up to tsunami survivors has been the presidential elections, the 100- imposition of ‘buffer zones’ After an intense three-month 200 metre ‘buffer zone’ preventing people from rebuilding campaign by fisher people’s established in the aftermath of 18 19

the tsunami was reduced to 35 months of displacement. The sea the influx of migrants to its metres in the south and west, gypsies are still not able to claim capital, Male. and 50 metres in the east. In legal title, and the government is Jaffna in the north it remains at currently mediating their This plan, in existence since 100 metres.7 Throughout 2005, negotiation with the company. 1998, is now being funded by the the Sri Lankan buffer zone led to European Union, World Bank, confusion and concern among On Phi Phi Island in Krabi United Nations Development families living in temporary province, a government assigned Programme (UNDP) and others camps who did not know when organisation known as the through a trust fund managed by or whether they would be able Designated Area for Sustainable the government in collaboration to rebuild on the site of their Tourism Administration (DASTA) with the UNDP. At present the old homes. has proposed a tourism entire population of three islands development plan by regulating a – Madifushi, Gemendhoo and In Thailand in February 2005 buffer zone 30 metres from the Kadholhudhoo – and part of the the government announced shoreline. The land has been population of a further 10 islands, ‘environmentally protected earmarked for tourist resorts and are being relocated to other zones’ forbidding any luxurious hotels. DASTA also islands. People are left with no construction within 40 metres foresees Phi Phi Island as an choice but to move as it is a of the shore. Such measures ecological and adventure precondition of housing and continue to ‘protect’ beaches destination, and has proposed livelihood rehabilitation. and resorts controlled by the relocation of the Moken tourism business. community. The community have Those affected by this programme refused to relocate, and are have expressed their doubts Although Mokens or ‘sea gypsies’ currently still living in temporary about the safety rationale of the have lived on the coast of shelters or with relatives. They government and ask why the Thailand for several generations, are not allowed to construct or populations of more than 180 they do not possess papers that repair houses. islands in similar circumstances (in establish their legal title to land. terms of elevation, topography, Officially, most of them do not In the Maldives, the government proximity of homes to the sea) are have Thai citizenship. As a result, is seeking to implement a ‘safe not also being moved. They some have not been allowed to island’ programme which will believe tsunami money may be return to their villages since they lead to the displacement of being misused for developing new were displaced by the tsunami. In more people. The programme’s commercial centres. the villages of Tab Tawan and stated aims are to develop a few Thungwa in Phang Nga province, islands as economically and In Indonesia, soon after the sea gypsies were initially socially sustainable. The tsunami, the government prevented from going back to government argues that this will announced a buffer zone that their villages because a private enable cost-effective delivery would prevent housing company had claimed title over of services and will provide reconstruction within two the land. Only with the help of protection from natural and other kilometres of the coast. However, local NGOs were they able to disasters. It will also, according the immense pressure exerted by reoccupy the land after three to the government, divert civil society groups prevailed and 20 21

the government announced in In two areas of Prakasham in One of the greatest impediments house. The problem landless Land – a human rights — Stop making compensation May that it would allow people to Andhra Pradesh, India, a local to providing permanent housing people face is particularly acute assessment conditional on relocation offers. rebuild in areas previously NGO had taken on responsibility in Sri Lanka8 has been the lack of because while they are struggling Governments have made little declared as buffer zones. This for the construction of permanent a clear policy or mechanism for even to restore their previous progress in acquiring the — Provide land to the landless for has paved the way for people to housing but the price quoted to land acquisition and incomes, local rents have soared necessary land for permanent housing and livelihood purposes, reclaim their land. purchase the 2.5 acres of land redistribution. This includes lack by 200-300 per cent since the housing construction. Instead and ensure compensation is no needed was considered by the of coordination between NGOs tsunami. governments are either complicit longer restricted to those who Double standards are clearly government to be extremely high. and the government. NGOs have or playing an active role in land- owned land previously. evident in the application of Progress has now stalled and said they are willing to build “All house reconstruction grabbing from marginalised buffer zones in tsunami-hit there is confusion over who will houses, but the government has programmes require ownership communities such as Thailand’s — Acquire or purchase lands countries. Economically and bear the cost. Residents doubt not provided the required land. In over the land. We can no sea gypsies and fishing families urgently so that building of politically powerful sections of whether the plan will go ahead. some places, land was longer afford to rent a house. in all countries. permanent houses starts for society have been allowed to apparently unavailable, while in I don’t know where to look for those who did not possess land exploit the disaster for private “We have not heard anything others the land allocated had a house aid.” It is the responsibility of in the past or who want to gain at the expense of the about the new houses; who rocky composition or was in a Pak Indra, Nyak Makam, governments to prevent land relocate voluntarily. most vulnerable. knows if we will ever get them?” low-lying area, making it Indonesia from being taken away from Resident, Kothapatnam unsuitable for housing marginalised communities and to — Prevent companies, local land From a human rights perspective, Pallepalem village, India construction. Additionally, legal According to official figures,9 acquire sites for housing mafia, landlords etc from using if buffer zones are to be procedures for acquiring land only 62 out of 4,511 houses in construction. Unless firm steps the tsunami as an opportunity to maintained they must apply to all In Iraimandurai, Tamil Nadu, India, tend to be cumbersome, leading the construction plan in the sub- are taken to respond to growing grab land of vulnerable groups. – local communities and big residents have had to give up their to corruption by officials and district of Johan Pahlawan in pressure from civil society Governments must act on such developers alike. More rights to their coastal land in order politicians. West Aceh had been completed groups, the human rights of these complaints and restore land to importantly, buffer zones must to be eligible for government land by the end of September 2005. In vulnerable communities will be tsunami-affected people. not be used to undermine the and a house farther from the sea. In Sri Lanka’s eastern provinces, Aceh Jaya district, only 815 of further eroded. As well as land customary rights of traditional Although many were unhappy people have received very little 16,283 houses required for and property owners, landless coastal communities over coastal about relinquishing their land information on possible sites, survivors had been planned or labourers and people living in 7. Government of Sri Lanka, Information Department: Release Ref No. AD/Pub/01/05, land. Governments should invest rights, they felt there was no other timescales or the nature of the were under construction, while rented accommodation must also dated: 14-10-2005 in community early warning option if they were to receive help. proposed permanent housing. no clear plans were in place for have their right to adequate 8. See Post-tsunami Relief and Rehabilitation: systems and local preparedness The relocation will damage their They had not been consulted or the rest. Survivors felt that this housing protected. A Violation of Human Rights, Housing and so that people can live safely and livelihoods and increase other involved in the process of was mainly because the NGOs Land Rights Network – Habitat International fearlessly by the sea. costs, including the cost of identifying suitable land for committed to reconstruction were ActionAid, PDHRE and HIC- Coalition, New Delhi 2005. Available at http://www.hic-sarp.org/ transport for children to get to permanent housing. waiting for policies and HLRN call on governments in Tsunami%20Report.pdf Land for permanent housing school. Residents also feel it will guidelines from the government. tsunami-affected countries to: 9. Media Centre, Regional Secretariat of Aceh One of the main reasons for slow mean the loss of social networks In Indonesia, the situation for Reasons for delays include the Jaya District progress on permanent housing and their sense of community. people who had been living in fact that the government’s — Immediately stop the is the paucity of land. In several rented accommodation or with Rehabilitation and Reconstruction involuntary displacement of people cases, government agencies In Namunaghar, Andaman and friends or family is even less Agency was only established in in the name of ‘buffer zone’ or have been slow to acquire land Nicobar Islands, India, residents certain than for those who owned mid-April and most NGOs are still ‘safe island’ policies. People’s from private parties or have been were unaware of any plans for homes prior to the tsunami. So waiting for land to be allocated customary rights to sea fronts and reluctant to pay the market price. permanent housing as they have far, house reconstruction is only for housing. land must be recognised. had no contact from authorities for those who have land and not on this issue. for those who used to rent the 23

HOUSING

“AFTER THE TSUNAMI, FIRE TWICE BURNED OUR SHELTERS TO THE GROUND. WE HAD TO USE OUR CLOTHES AND BEDSHEETS TO MAKE TENTS. NOW THE MONSOON HAS COME, WE ARE FLOODED. SOME OF US ARE STAYING IN A LARGE HALL NEARBY.” RESIDENT, KARGIL NAGAR TEMPORARY RELOCATION SITE, INDIA 24 25

The human right to adequate waste. We just have to throw and Nicobar Islands, entire “EVERYONE HAS THE RIGHT TO A housing cannot be interpreted as it out in the open. There is communities have been moved merely being the right to four stagnant water all around to new islands where they are walls and a roof. The concept of the shelter and mosquitoes now living in temporary shelters. STANDARD OF LIVING FOR THE HEALTH adequacy in relation to the right breed in it.” The majority of people from the to housing is understood as Resident, Namunaghar relief devastated Great and Little AND WELLBEING OF HIMSELF AND OF adequacy of privacy, space, camp, India Nicobar islands for example were security, lighting and ventilation, relocated to Campbell Bay, while basic infrastructure and location In Indonesia, official sources many people from evacuated HIS FAMILY, INCLUDING FOOD, with regard to work and basic confirmed in September 2005 islands in the Maldives are still facilities.10 that more than 470,000 people living on nearby islands. CLOTHING, HOUSING AND MEDICAL CARE were living as internally displaced Temporary housing people in temporary shelters or Displaced people are particularly One of the most appalling facts with relatives. vulnerable because once they AND NECESSARY SOCIAL SERVICES...” in post-tsunami rehabilitation is are uprooted they have to cope that a year on from the disaster In the Maldives, the number of with geographical, social, cultural UNIVERSAL DECLARATION OF a large number of people are still internally displaced people stands and political settings they know living in temporary shelters and at more than 11,000. Of these little about, and with limited some even in tents. There are some 5,200 are living in temporary support structures. HUMAN RIGHTS, 1948 also many living in damaged shelters. The rest are living with houses. Living conditions in all their friends and relatives, either “Local people near the camp these forms of shelter are because temporary shelter was harass us. They don’t like us uniformly poor. not available or because they being here. We cannot let girls refused it as they found the living go out by themselves.” “The septic tanks are full and conditions unacceptable. Resident, Manginpudi relief overflowing. Sanitation is very camp, India bad in the camp. There is no In island territories such as the proper place to dispose of solid Maldives and India’s Andaman

TABLE 1: PRESENT HOUSING STATUS OF AFFECTED FAMILIES SURVEYED IN 31 VILLAGES11

Country Families living in Families living in Families living with Total no. of families Total families temporary shelters own damaged relatives/friends with damaged houses houses

India 568 (35.3) 1032 (64.2) 8 (0.5) 1608 (100.0) 3755

Sri Lanka 523 (66.7) 249 (31.8) 12 (1.5) 784 (100.0) 1746

Maldives 126 (18.1) 488 (70.0) 83 (11.9) 697 (100.0) 1068

Indonesia 53 (9.4) 430 (76.0) 83 (14.7) 566 (100.0) 566

Figures in brackets denote percentages. 26 27

Construction materials sites have had to contend with Living space In India most temporary shelters flooding. Both resettlements are Temporary structures in almost have been built with tar sheeting located in low-lying areas and all cases do not have adequate which was claimed to be become completely flooded after space, despite international fireproof, but due to the heat heavy rainfall. In November and human rights laws on individual trapping effect of tar most December of 2005 they became entitlements to space. The lack temporary structures were virtually uninhabitable and the of space not only results in rendered uninhabitable during the residents had to be relocated to a uncomfortable living but also sweltering summer months. large hall close by. decreases privacy for women Furthermore, the tar sheets do and girls. not provide adequate protection In Sri Lanka most families, against the rain. particularly in the east, were In India, temporary housing allocated temporary housing as consists of one-room structures, Tin shelters constructed in late as seven to eight months irrespective of family size. At all Namunaghar in the Andaman after the tsunami. In Galle sites, women and men have Islands are also extremely province and other parts in the complained about the inadequate inappropriate given the particular south, temporary structures are size of the shelters, which range climatic conditions of the islands often made from thin sheets of from 2.4 x 3.0 metres to 3.6 x 4.5 – blistering heat follows months wood with tin for the roofs. Only metres and house between four of heavy rains. Residents a few have windows. Residents and seven people each. complain that not only do complain that the intense heat shelters trap heat in the summer and absence of ventilation render In Sri Lanka the size of shelters months but they also leak during structures uninhabitable. They varies from site to site, between the monsoons. also say that the tents cannot 3.0 x 3.6 metres and 4.9 x 6.1 withstand the monsoons, and metres. Often there are a range “We have been hit twice, first leak every time it rains.12 of house sizes on each site, but the tsunami took away our allocation bears no correlation to homes and now with the rains Similarly, in the Maldives, the size of the resident families. and floods we are displaced temporary shelters are largely This has created dissatisfaction from the relief camp.” made of plywood with metal and rivalry among residents.13 Resident, Kannagi Nagar roofs. These structures do not temporary shelters, India have windows, leak when it In Indonesia, particularly in Banda rains and are extremely hot Aceh, tsunami-affected people The situation is even worse in the during the day. now live in barrack-like structures resettlement sites at Kannagi that are extremely overcrowded Nagar and Kargil Nagar in “The heat was unbearable. and particularly unsuitable for Chennai, India. Residents of When the rains came we had to families with children. Kargil Nagar have suffered two stay inside the shelters which fires, the last in June 2005 in were hot and humid.” Government-built shelters in which around 1,600 shelters were Resident, Hulhumale temporary Indonesia are single rooms of 4 x completely gutted. When not at shelters, the Maldives 3 metres. Allocation of shelters is risk from fire, residents at both not one per family, but a 28 29

maximum of five people per Water and sanitation “I have to get up when it is still impossible to use the toilets Health the local doctor refers them to the shelter. This policy has led to “The human right to water dark and walk a long way to or tap water. “Governments recognise the larger hospital, which is very more than one family living in a entitles everyone to sufficient, collect water so that we can right of everyone to the expensive. In Manginpudi Beach single shelter. safe, acceptable, physically drink and cook.” Access to the bath-cum-lavatory enjoyment of the highest in Andhra Pradesh residents have accessible and affordable Woman resident, Manginpudi in each shelter is through one of attainable standard of physical to travel three kilometres on dirt Temporary shelters provided by water for personal and resettlement camp, India the bedrooms, posing difficulties and mental health.” roads. No public transport is the government in Ugoofaaru in domestic uses.” for children and other resident UN International Covenant on available, so in emergencies the Maldives are 4.9 x 7.6 metres UN’s Committee on Economic, Sanitation facilities are poor and adults if they need to use the Economic, Social and Cultural people have to hire a vehicle at a each. There is one bedroom (2.4 Social and Cultural Rights14 no bathrooms or toilet facilities toilet during the night. In the Rights, 1966 cost of 200 rupees ($4.4) – a huge x 4.9 metres), two small rooms have been provided. mornings, children from two or sum for poor families. (2.4 x 2.4 metres each), a toilet, a Water for drinking and washing three families wait for their turn Health and housing are intrinsically small kitchen and a small hall is in short supply at most In Namunaghar camp, which before going to school. There is linked – poor housing often results The residents of a camp on the area. Most shelters house two resettlement sites. As women houses 170 families in the hardly enough space for one in poor health. Conditions in Maldivian island of Gan in families (nine to twelve people in are often responsible for Andaman Islands, each shelter person in the bathroom. In this several temporary shelter sites in Laamu atoll said that, while total) but in some three families collecting water, it is they who is allocated an individual toilet situation maintaining personal tsunami-affected areas pose a healthcare was supposed to be live together. Lack of privacy and bear the added burden of having and bathroom, but these are hygiene is almost impossible. serious threat to the health of free for two months after the sleeping space is a particular to walk long distances to meet located one kilometre away. residents. This is exacerbated by a tsunami, administrative concern for women and their family’s water needs. It Because septic tanks are “If any of the residents need to lack of proper and affordable procedures for validating claims adolescent girls. also means that camp residents constructed at ground level go to the toilet in the night, healthcare facilities. proved too costly and time- use unsafe water, exposing them without proper drainage or a either she has to wake up the consuming. There are no basic Small rooms are used as to life-threatening diseases. solid waste management couple occupying the room In India, women and children health services at the camp bedrooms by the adults of each system, there are frequent attached to the toilet, or go complain of rashes and allergies and, as residents are living in family, leaving the other room for In the temporary shelters of overflows resulting in disease. outside. I cannot explain how as they spend much of their time confined quarters with poor the children. Children of all ages Manginpudi Beach in Krishna Pools of stagnant water embarrassing it is!” in the heat-trapping temporary waste management and water- and both sexes sleep together, district, Andhra Pradesh, India, provide rampant breeding Resident, Kadholhudhoo Island, structures. The close proximity of borne diseases, health is making the younger ones, lack of access to water poses grounds for mosquitoes. living in Ugoofaaru shelter site. housing structures hastens the particularly poor. particularly girls, vulnerable to a huge problem. The water tank spread of disease. Many children abuse. Parents are concerned that provided by the government is “Water collects around the In Indonesia, though most in temporary housing sites in According to residents, a visiting the lack of space is restricting not sufficient for the needs of shower area. Children have shelters have toilets there is no Tamil Nadu, for example, are World Health Organisation and their children’s development. the community and is some caught dysentery and malaria water provided. In Meunasah suffering from eye infections. United Nations Population Fund distance away from the because of this.” Keude, Panteraja, women have to delegation had informed them Basic facilities resettlement site. Women leave Woman resident, relief camp, walk as far as 500 metres to the “The water is very bad here. that the regional health centre, Adequate housing as defined in their homes between 3am and Namunaghar, Andaman and sea for bathing, washing and all We all got this rash and also on Gan island, had received the beginning of this chapter 4am and walk for up to an hour Nicobar Islands other water needs. itching disease.” enough medical supplies to includes water, sanitation, in search of water, often risking Resident, relief camp, Kurueng, provide the camp community electricity and health and their personal safety. In the Maldives too, water for “There are no bathrooms here. Indonesia with free healthcare for a year. education facilities within a drinking and washing is in short We have to go to the sea to Not only have government reasonable distance of the supply in camps. Sanitation and wash and cleanse ourselves.” While most sites initially had authorities failed to inform the housing. Housing without these sewerage are in poor condition – Woman resident, government frequent visits from doctors, these camp community of this, but the basic facilities is meaningless. residents complain that drainage refugee barracks, Aceh, Indonesia visits have gradually reduced. health centre continues to charge pipes become blocked two to Women in Kargil Nagar in India the camp residents full price for three times a week making it point out that for most illnesses medical services. 30 31

Location In Sri Lanka temporary structures tsunami, around 690 people from the livelihoods of the fishing Thailand is an exception – here and quality, and seeking their “Every human being shall have along the west coast have been Kadholhudhoo in the Maldives community. The 212 residents of the rebuilding of houses has been participation in monitoring building the right to be protected against built on the site of original homes. have been living in camps on the Kuala Bubon, Samatiga, West mostly achieved. However, a work, the NGO is constructing being arbitrarily displaced from However, in the east, resettlement nearby island of Hulhudhufaaru. Aceh, of which 95 per cent are number of people from vulnerable permanent houses on land his or her home or place of sites are often located in low-lying Tension has been mounting in fishing families, have refused to groups, such as sea gypsies and provided by the government. habitual residence… areas that are prone to flooding recent months and sometimes be relocated to the new site, small fishermen, have been left Displacement shall last no and that are some distance from violence has broken out. The new preferring instead to continue out of the rebuilding process. Residents we spoke with in longer than required by the the nearest town and its services. arrivals allege unfair treatment living in tents. Moreover, houses built by the Nellore all knew that the new circumstances.” Thiraimadu in Batticaloa for by the hosts, including government are too small for the houses will have a kitchen, a hall, UN Commission on Human example, where a number of discrimination by island officials In the case of the ‘sea gypsies’ in average four member family. a bedroom and a bathroom and Rights, Guiding Principle on agencies have constructed and institutions such as schools Thailand, around 1,000 Houses consist of just one 3 x 6 toilet, and that each house will Internal Displacement, 1988 shelters, is highly susceptible to and the health centre. Local households were affected by the metre room, with bathrooms cost 120,000 rupees ($2,663). flooding. Residents complain that, residents complain of the guests tsunami. The government built a entirely separate from the house. The new complex will also have a The right to adequate housing because the site is far from the being abusive in their language resettlement site with new homes People were also required to fund school, healthcare centre, recognises the importance main town and public transport is and aggressive in their behaviour. far from the coast. For a the costs of establishing systems drinking water, recreation area of location. Location not only infrequent and expensive, their Both communities have community traditionally based for water supply and electricity and facilities to dry fish. Deeds affects the habitability of a access to healthcare, government- grievances against each other along the shoreline, the relocation themselves. will be issued in the name of the particular house but also has subsidised food shops and and the government has is a culture shock and removes woman of the family. strong implications for other schools is severely curtailed.17 created a security post to them from the sea that they rely In the Maldives, the government entitlements such as education, control the situation. on for a living. Both are violations has standardised the housing Housing – a human rights healthcare and the right to In the Maldives, residents of Gan of the right to adequate housing. package across the country so assessment earn a living. camp point out that they are “They use vile language, and does not see the need to consult One year on and millions of unable to find work because of they are very boisterous. Permanent housing with individual islands or dollars later, there is still a long In India, there is a government the location. They have not been There are conflicts between “We have no idea what is communities on the size, design way to go before adequate proposal to move residents of provided land or coastal fishing us and the new arrivals all happening, the government or materials for the houses or on housing is achieved for tsunami Kargil Nagar temporary rights in Gan and commuting the time.” and the authorities tell us other basic amenities for new survivors. The way in which relief resettlement site, all from coastal costs to their old island Original resident, Hulhudhufaaru nothing (about their plans for homes. Displaced people, such and rehabilitation is being run by areas, to Ennore Gate, which is Kalhaidhoo where they used to Island, the Maldives building permanent housing).” as those who once lived on the governments is too often even further away from the sea grow crops and fish freely are Relief camp resident in the devastated island of undermining people’s human than their present location. Most prohibitively high at 600 Rufiyaa “When the relief was Andaman and Nicobar Islands Kadholhudhoo and are awaiting rights. From the above examples are extremely reluctant to go as the ($47.7) or more. distributed they got more than to be rehoused on Dhuvaafaru it is clear that the right to move will increase transport costs us. When our children go to The status of permanent housing island, do not have any adequate housing is being and further reduce their access to “It costs a lot to go and find school here they get bullied, post-tsunami is dismal. In most information on how far housing violated in more ways than one. the sea, to markets and to schools. work and we have little money. and when we try and get work cases, tsunami survivors are construction has progressed. If we leave the shelter for any they won’t employ us.” completely in the dark regarding In order to undo some of these In Kothilpadu in Kanyakumari length of time things get stolen.” Displaced person now living on plans for and progress of Many of the problems associated mistakes, the housing needs of district, India, most temporary Resident, Kalhaidhoo displaced Hulhudhufaaru Island permanent housing. Few have with housing could be avoided if women, children, disabled and shelters lie empty. People refuse persons camp, the Maldives been consulted and none knows the practice adopted by elderly people must be met. In to stay in them as they have In Indonesia, where temporary how long they will have to wait government and a local NGO in doing so, vulnerable groups must been built so close to the shore In some locations, conflict has resettlement sites have been before they can move into a Nellore district, Andhra Pradesh, be consulted and their views and that water enters the buildings arisen between displaced people constructed too far from the sea, permanent structure. India, was replicated. After preferences taken into account. at high tide.16 and local residents. Since the there are direct implications for consulting residents on design 32 33

LIVELIHOODS

ActionAid, PDHRE and HIC- and establish a disease 10. General Comment 4 of the Committee on Economic, Social and Cultural Rights, United HLRN call on governments surveillance system. Nations Office for the High Commissioner “I HAVE NOT WORKED SINCE THE and other relevant actors in for Human Rights tsunami-affected countries to: — Form housing committees 11. Data covers 10 villages of India, nine of TSUNAMI. I HAVE NO SOURCE OF at temporary shelter sites Sri Lanka, six of Indonesia and six islands — Clearly set a realistic target for that include women and of Maldives. Quantitative data unavailable housing construction and representatives from vulnerable for Thailand. INCOME. I NEED EMPLOYMENT communicate this to affected groups. These committees 12. op.cit. HLRN-HIC communities. should play a decisive role 13. op.cit. HLRN-HIC in the management of I CAN DEPEND ON.” — Conduct immediate point-by- temporary shelters. 14. General Comment No. 15, “The Right to Water”, Article 11 and 12. point reviews (based on the OUT-OF-WORK RESIDENT, KALHAIDHOO standards of adequate housing — Involve affected people in the 15. op.cit. HLRN-HIC outlined in the beginning of this planning and implementation of 16. op.cit. HLRN-HIC section) with people living in permanent housing programmes RELIEF CAMP, THE MALDIVES temporary shelters and take and ensure that adequate steps 17. op.cit. HLRN-HIC immediate action to rectify are taken to encourage the wrongs within three months. participation of women and vulnerable groups. — Make it a priority to replace asbestos, tin and tar roofs with — Where possible use local environmentally friendly and material, local labour and local culturally and climatically suitable expertise in construction. construction material; ensure that functioning toilets and bathrooms — Provide remote and with effective waste management inaccessible areas (particularly are available to each of the islands) with regular, frequent and dwellings (one per family); ensure affordable transport to allow for that there is a separate room for the movement of materials as children, and that the privacy of well as people. women is ensured. — Design and build permanent — Ensure that rehabilitation houses with disaster-resistant policies do not discriminate qualities. They should also be against those who were friendly to disabled people, elderly homeless or living in rented people, children and women. accommodation or with family/friends pre-tsunami.

— Make special arrangements for the healthcare and nutrition of the inhabitants in temporary shelters, 34 35

The right to earn a living is new locations. Generally their fishing gear, so have had to take “EVERYONE WHO WORKS HAS THE fundamental. It provides people catch is lower or different, out loans from moneylenders or with the power to control their resulting in lower income. borrow equipment from private lives with dignity. Estimations fishing dock operators. Under RIGHT TO JUST AND FAVOURABLE from the UN and the World Bank “We have to keep moving from informal loan agreements, the suggest the loss of livelihoods in one place to another. Nowadays fishing dock operators acquire REMUNERATION ENSURING FOR India alone post-tsunami was we catch mostly mackerels, the right to set the price of their US$700 million. In Indonesia, sardines and crabs. None of catch, implying that they (the unemployment has risen by these get a good price and the operators) virtually acquire HIMSELF AND HIS FAMILY AN EXISTENCE more than 30 per cent since crabs damage the nets by monopoly rights over fish caught the tsunami. The loss of cutting them with their pincers.” by the sea gypsies. To cover WORTHY OF HUMAN DIGNITY, AND earning capacity not only Panamala Tirupathi, fisherman, these additional costs, sea affects household income but Kothapatnam Pallepalem, India gypsies are being forced to contributes to the psychological spend many more days at sea SUPPLEMENTED, IF NECESSARY, BY depression that often follows They feel that they need and cover greater distances for a disaster. continued support to deal with less return. OTHER MEANS OF SOCIAL PROTECTION.” this situation. In Andhra Pradesh, India, In Thailand, migrant workers are fishermen complain that, despite The sea gypsy community at protected by the 1998 Labour UNIVERSAL DECLARATION OF compensation and aid they have Sang Ka U in Krabi province in Protection Act, which deals with received, they are still unable to Thailand said that before the issues including the minimum HUMAN RIGHTS, 1948 cope with the loss of income tsunami fishing was easier, the wage, overtime wages, working because of a change in sea catch was reasonable and most hours and holidays. Since the patterns after the tsunami. Most of the equipment that they tsunami, local landlords and of their former fishing sites are no required was available locally. factories will only employ migrant longer remunerative. They no After the tsunami, sea gypsies workers on the condition that they longer have a fixed place for did not get any assistance from forgo their rights under this Act. fishing and have to hunt out the government to replace lost

TABLE 2: NUMBER OF HOUSEHOLDS WITH LOSS OF LIVELIHOODS IN DIFFERENT SECTORS Country Agriculture Fishing Other business Labour Others Total no. of families

India 423 (11.3) 2131 (56.8) 370 (9.9) 1344 (35.8) 0 (0.0) 3755

Sri Lanka 410 (23.5) 1234 (70.7) 480 (27.5) 839 (48.1) 519 (29.7) 1746

Maldives 262 (18.0) 446 (30.6) 145 (9.9) 0 (0.0) 12 (0.8) 1458

Indonesia 195 (13.8) 219 (15.5) 588 (41.6) 314 (22.2) 0 (0.0) 1414

Based on field data from 40 villages. Total may add up to more or less than 100 per cent as individual households might have suffered loss of more than one means of livelihood or no loss at all. Figures in brackets denote percentages. 36 37

In tsunami-affected areas of crops, and cash compensation rupees ($16.6) and 25 kilograms Thailand, most migrant workers for the immediate maintenance of rice per family. have been found to be receiving of livelihoods. less than the legal minimum wage In the surveyed villages of or are compelled to work more In all five countries studied, the Indonesia, fishing families have than the stipulated 48-hour week. majority of compensation has not received enough boats. Some gone to the fishing sector. are sharing boats, resulting in a Many migrant workers are being Although fishing was the most smaller share of the catch, while cheated out of their wages with severely affected sector, others have no access to boats the money ‘disappearing’ agriculture, small businesses and at all and are left unemployed. No between the employer and the the informal sector were badly livelihood-related compensation middleman. Asking employers or affected too. These sectors have has been received in any of the contractors for wages often been largely ignored, both in villages surveyed. means risking their jobs. Lack immediate relief and in longer- of information on their rights, term recovery. In Galle district in Sri Lanka, it has the law and how to access been reported that some families the legal system is resulting In most of the countries, received more than one boat as in further exploitation of particularly in India and Sri Lanka, compensation while some poorer migrant workers. the number of catamarans lost or families received none. As a damaged was many times higher result, the fish catch for some Compensation: inadequate than that the number of vallams people has increased since the and uneven or big boats. However, the tsunami, while others are still “The State parties to the compensation going to the unable to return to the sea. In Sri present Covenant recognize owners of big boats has been Lanka, there is also a significant the right to everyone to much higher than that going to discrepancy between the southern social security, including the owners of small wooden and north-eastern provinces. social insurance.” boats. Furthermore, a large More boats have been supplied in International Covenant on number of poor fishing families the south while the number of Economic, Social and Cultural who do not own boats themselves boats lost was far greater in the Rights, 1966 but earn money by working on north-eastern provinces. other people’s boats are yet to Faced with large-scale loss of receive meaningful compensation. In Little Andaman, families living livelihoods after the tsunami, in temporary shelters at Padhak governments in affected In Manginpudi Beach in Andhra Tikri complain that they still lack countries announced Pradesh many families lost their the basic equipment to return to compensation packages for boats and almost all lost their fishing. Most have not received immediate relief and restoring nets. For at least one month new equipment for fishing or still livelihoods. Compensation people were unable to earn a have severely damaged boats. packages include provision of living. The compensation received In Thailand, because they are new fishing boats and repair of during the initial period was barely not regarded as Thai citizens, damaged ones, new fishing nets, sufficient to meet basic needs. sea gypsies have received compensation for the loss of The government provided just 750 no compensation, either for 38 39

the replacement or the repair was located 20 kilometres from villagers questioned felt that their One of the biggest complaints in discriminatory. There is a need to — Provide compensation that is of equipment. the shelter site. Wages could livelihoods had improved on pre- Hulhumale resettlement camp in recognise that the absence of adequate, based on a human barely cover commuting and food tsunami times. Manual labourers the Maldives is that, since people income often drives people to rights approach and with special While it is evident from official expenses. People feel they have have found employment in are unaware of how long they will desperation. This increases measures to bring a positive needs assessment reports18 that been abandoned and are reconstruction work, for example. be there, they are unable to take vulnerability to further improvement in the lives of women a large number of livelihoods were surviving at the mercy of the However, even in the fishing and on long contracts for labour. exploitation such as trafficking, and vulnerable communities and lost outside the fishing sector, local administration. labour sectors, nearly two thirds Women’s work has also suffered bonded labour and child labour. to reduce future risks. governments have, at best, of villagers feel that their because of the loss of homes made vague announcements “I feel as though I’ve been left livelihoods have been restored and with them home-based work Little attention has been paid to — Provide appropriate boats on compensation packages in no man’s land; the only partially or not at all. such as tailoring or preparing building women’s livelihoods. and fishing gear to fishing for farmers, horticulturists, authorities have either food for sale. As women are often the ones communities as quickly small business owners and forgotten us or don’t care.” In Indonesia, people living in leading the recovery in families as possible. casual labourers. Resident, Namunaghar temporary shelters are unable to Our field research shows that and communities this is relief camp, India work because the shelters are so government response to the particularly short-sighted. But — Protect small-scale and Farmers living in Namunaghar far from places they can find massive loss of livelihoods is far perhaps the greatest omission in community-based fishing from temporary shelter in the Livelihoods restoration employment. from satisfactory. Employment government livelihood encroachment by big trawlers. Andaman Islands point out that In all the countries studied, the initiatives by government have programmes is that many Furthermore, fishing with trawlers they have not only lost crops but restoration of livelihoods is still a “There is nothing we can do only begun in a third of villages governments have missed the should be banned or access their fields are still submerged long way off, with most people here. After waking up, we go to surveyed; none have begun in opportunity to undo some of the should be restricted since over- under seawater. The government either unemployed, the coffee shop. At midday, we Indonesia and India. existing discrepancies and fishing can destroy marine life. has promised to drain the water, underemployed, or looking for sleep again. In the afternoon, inequalities in society. but land is still unusable and alternative sources of income. we go again to the coffee shop Where employment generation — Provide adequate neither alternative employment Nowhere did people believe and sit there till midnight. Every has begun, workers are often ActionAid, PDHRE and HIC- compensation and assistance to nor financial support to set up that their livelihoods had been day we do the same thing. How brought in from outside the area, HLRN call on governments in restore livelihoods of non-fishing small businesses has been fully restored. is it possible not to be stressed rather than using local people tsunami-affected countries to: communities such as farmers, provided. Though a cash-for- if we live in this manner?” who need the work and have casual labourers, small business work programme was started by In the fishing and manual labour Ahmad, Teureubeh temporary a vested interest in the quick — Enumerate all those who have owners and those engaged in the public works department, this sectors, just over one third of shelters, Indonesia reconstruction of their not received compensation or related activities such as fish environment. For example, have received only partial processing and vending. in Namunaghar in the Andamans, compensation; provide special VILLAGERS’ PERCEPTION OF EXTENT OF THEIR labourers were brought 1,000 assistance to women and — Strengthen social protection 19 LIVELIHOOD RESTORATION (PERCENTAGE DISTRIBUTION) kilometres from Kolkata by vulnerable communities to make measures for tsunami-affected Fully Partially the contractor. their claims; review procedures to communities. Measures should Mostly Not at all help women and vulnerable include employment guarantees, Livelihoods – a human rights groups access their claims social security schemes, health Agriculture 16.7% 83.3% assessment and introduce a floor rate of insurance and social security The goal of rebuilding livelihoods compensation to the affected pensions for widows, orphans Small-scale fishing 37.5% 50% 12.5% based on human dignity and to avoid the exclusion of and disabled, mentally ill and equality is still a long way off. At the poorest and those elderly people, as well as people Small-scale business 66.7% 33.3% best government interventions without assets. suffering from long-term illness have been lop-sided, at worst and those unable to work. Manual labour 33.3% 50% 16.7% they are negligent and 40 41

WOMEN

— Provide fair wages in all public works undertaken for relief and “WOMEN ARE NOT ALLOWED TO BE ON rehabilitation, and adhere to international standards for working conditions and wages. THE PLANNING OR VILLAGE COMMITTEE TO DISCUSS NEW HOUSING.” 18 Needs assessments were carried out by international financial institutions in conjunction with the UN System in the DISPLACED WOMAN, PUTHUR, INDIA tsunami-affected countries immediately after the disaster

19 Based on data from 31 villages in India, Maldives, Sri Lanka and Indonesia 42 43

Women the world over tend to handed out to male members of women who were able to prove “GOVERNMENTS WILL ENSURE THE have more responsibility for the family who did not necessarily that the men who died were the looking after children, providing share it with the women. fathers of their children by food and running a home than producing birth certificates for EQUAL RIGHTS OF MEN AND WOMEN men. In a post-disaster situation, “I have not been able to get their children. Government failure when support systems – compensation from the to recognise such women as TO THE ENJOYMENT OF ALL ECONOMIC, including physical infrastructure – authorities for the death of my widows has increased their break down, women bear the husband. They will not pay me vulnerability to poverty, hunger additional burden. Indeed, they because I do not have a death and destitution, among other SOCIAL AND CULTURAL RIGHTS.” are often the ones leading the certificate because his body human rights violations. recovery process in their families was never found.” INTERNATIONAL COVENANT ON and communities. Kamamma, resident of Machidera Inadequate housing village, India Although the effects of bad living In responding to the tsunami, conditions are felt most severely ECONOMIC, SOCIAL AND governments have, once again, In Sri Lanka, women who owned by women and girls, very little largely neglected the particular land in their own names prior to attention has been paid to CULTURAL RIGHTS, 1966 needs of women. Women have the tsunami, particularly Muslim ensuring that their needs are met. not been included in decision- women who had received Most of the countries reviewed making regarding damage property as part of their dowry, have one-room temporary assessment, allocation of plots, have raised concerns that they shelters that do not provide land surveys or design of shelters are not considered eligible for women with the necessary space and permanent houses. compensation. Even in cases or privacy to change their Orphaned girls, single women, where the original house or clothes. The flimsy and often women heading their households land was in the woman’s name, broken partitions between two and women who are elderly, the government deposits structures further encroach on disabled or part of minority and compensation payments in the women’s privacy. In some cases, vulnerable communities remain name of the man. Banks in the the location of tents near the most neglected. northeast of Sri Lanka reportedly sidewalks also exposes women asked women to sign a letter to public scrutiny. Relief distribution relinquishing their rights to Immediately after the tsunami, the house and land to their “It is very difficult to use aid was often distributed in husbands in order to facilitate bathrooms at the camp. They places and ways that were more compensation payments. have gaps in the doors and accessible to men. It was a people can see me bathe. It struggle for women to be In Thailand, women who lost their makes me very uncomfortable.” recognised as heads of partners have not received Young girl, temporary shelter, Hut households and receive their compensation if they cannot Bay, Little Andaman, India dues. Only in a very few cases produce a marriage certificate, was special attention given to the even if they had been living In Tamil Nadu, India, where needs of single women, including together for many years and have temporary structures are widows. In all countries, children together. Compensation constructed with tar sheeting, compensation was almost always has also only been given to women are left with the difficult 44 45

choice of sleeping outside along in Meunasah Keude, Indonesia, proper psycho-social care. For with other members of the have to go to the sea, which they women, the usual channels of community and putting jokingly refer to as their ‘flying support – their kin group and/or themselves at risk of abuse, or WC’. Bathing in the sea exposes their neighbours – were totally risking heat-related health them to harassment and abuse. disrupted by the tsunami. problems by sleeping inside the suffocating shelters. In both Sri Lanka and India, In many of the places visited, women complain that toilets built psycho-social support is severely “The heat is unbearable. close to temporary shelters lack lacking. Women are left to their When the sun is out you cannot water or that they have to walk own devices in coming to terms stay in the shelter for more long distances to use toilet with the difficult, changed than five minutes. You cannot facilities. The absence of proper circumstances. In India as well as breathe. It feels like you are street lighting in most in Thailand, women traumatised boiling to death.” resettlement camps makes it by the loss of their children are Woman resident, Kannagi Nagar unsafe for women walking to the unable to eat or sleep, while shelter, India toilets. In the Namunaghar others say they continue to hear resettlement site in the Andaman the tsunami waves. Water and sanitation Islands, women and girls In most tsunami-affected families complain that they are unable to Reproductive rights the burden of providing water still use the toilets because they are The notion of a woman’s body as falls on the women. Scarce water located a kilometre from the site a site of her spouse’s and his resources in settlements like the and often have broken walls or family’s reproductive demands is one on Manginpudi Beach in doors that do not close properly. an old one. In India, in families Andhra Pradesh force women to who lost children in the tsunami, leave their homes as early as “It is disgusting and dirty. women are under great pressure 4am in search of water each day. You have to walk for almost to replace dead offspring. The a kilometre to use the toilets. fact that many women had The absence of proper sanitation At night time I am scared to previously been convinced to go facilities is a serious cause for use them.” through sterilisation operations concern. Not only are people’s Woman resident, Shoal Bay makes the situation all the more rights to adequate housing violated relief camp, India tragic. Scores of women flocked but also their right to health. And to health centres in search of the there are grave implications for Similarly, in the Kalhaidhoo camp ‘miracle’ – a reversal of women’s mobility and security. in the Maldives, women say that tubectomy, known in medical One of the most common the design and location of toilets terminology as ‘recanalisation’. complaints across all countries does not give them privacy and was the inadequacy of toilets. makes them feel unsafe. “My husband threatened me that he would remarry if I was not In Indonesia, the WCs or Overcoming trauma able to conceive. It made me bathrooms are not connected to Coping with loss, overcoming feel like a piece of used goods.” a water supply. To have their trauma and rebuilding lives is Woman resident, relief baths, women living in the tents close to impossible without camp, India 46 47

In Indonesia, women trend of underage marriages of underage marriage has also been harassment and rape. Livelihoods work permits to migrant workers. approaching menopause are girls. Right after the tsunami, evident in Banda Aceh, Indonesia. In Thailand, women immigrant Women’s concerns have once Without work permits, they are under considerable social many of these marriages were NGOs working in Beureugang labourers have reported the again largely been ignored in not entitled to compensation. pressure to conceive after losing viewed by surviving parents as a have also reported cases of increased risk of being drawn schemes to restore livelihoods. In their children in the tsunami. way for their daughters to escape bigamy, where husbands have into human trafficking and say spite of their obvious contribution Gender – a human rights Nuraini, 37, is traumatised after the increased poverty they faced. acquired more than one wife in that they regularly face sexual to both fishing and agriculture, assessment losing both her children. On top Where a dowry was not the aftermath of the disaster. violence, including rape by women are rarely recognised as It is clear from our research that of her fear that another tsunami demanded, it was viewed as an employment agents. fisherfolk or farmers; and rehabilitation has been largely may come, she is deeply worried added incentive. In many cases, Violence therefore when schemes of insensitive to women. Special that, at her age, she will not be young girls were made to Violence against women was Women report that difficult livelihood restoration are taken measures to protect women from able to conceive again. marry older men.20 manifest soon after the tsunami camp conditions, trauma and up, they rarely involve women. exploitation and gender-based struck and included shocking unemployment are contributing to violence have been mostly non- “I am still very depressed “I was left alone after the reports of women being pulled increased alcoholism among men. While fishermen in India carry out existent. In fact, the manner in and frightened. I feel very tsunami and so I got married. out of the water and then raped. This often results in increased the visibly strenuous and which temporary housing has lonely after losing my two I know I’m young but I didn’t violence in the home. In dangerous task of deep-sea been planned and organised children. I would like to try have anyone to rely on.” Vulnerability to sexual violence Beureugang in West Aceh, women fishing, once the fish is offloaded, exposes women to domestic and and have children again and I Teenage bride, Lam Hasan, increases manifold under camp living in government temporary women take over completely. Little sexual violence. Issues such as know my husband would too. Indonesia conditions where toilet facilities settlements have explained that has been done to compensate reproductive rights of women There’s pressure now because and living quarters are forced out husbands who are not working women in the fishing community have also been largely ignored. I’m not so young.” In the immediate aftermath of the into the public domain. Hermaini are more likely to inflict who perform important tasks such Little regard has been shown to Nuraini, resident Lam Hasan relief tsunami in the eastern provinces from Nyak Makam in Banda Aceh psychological and physical abuse. as cleaning, drying and selling the women’s and adolescent girls’ camp, Indonesia of Sri Lanka, underage marriages in Indonesia reported that, while fish catch. Women from fishing right to privacy and security. were reported. Locals complained living in a tent on the sidewalk, “It’s very difficult now. Men are communities who were widowed Relief camps all over Asia report that the close proximity of houses she is openly solicited for high on drugs. They have by the tsunami and therefore lost Women’s rights to equal an almost complete lack of lead to increased interaction sexual intercourse when her nothing to do. They come home access to the catch that their participation in the decision- healthcare services for expectant among the sexes and premarital husband is away. and they beat us till we bleed.” husbands would have normally making processes have also women and mothers with newborn pregnancies, and contributed to Woman resident, Gan camp, brought in, have not been been ignored. Women’s rights to babies. Government relief underage marriages. In some “They put me in a temporary The Maldives considered in government own property have been largely measures have also completely cases, men who lost their wives shelter by the highway. Men livelihood programmes. undermined. Programmes ignored the needs of menstruating married their wives’ younger would come into the tent and In Sri Lanka, women have pointed undertaken to restore livelihoods women and girls. In Tamil Nadu in unmarried sisters. Parents lacking ask for sex.” out that the lack of privacy and the In Thailand, unlike in the other by governments largely ignored India most families received only sufficient money or food also Hermaini, Nyak Makam close proximity of shelters and tsunami-hit countries, a signifcant women’s roles in income dhotis and saris (outer clothing), married off young daughters as a shelter, Indonesia other men have made them highly number of those affected were generation; most of the but no undergarments or sanitary way to decrease their ‘burden’. In susceptible to suspicion from their migrants or refugees from beneficiaries of these programmes napkins for women. other cases, young girls were Women from Mundoo island now spouses, sometimes resulting in surrounding countries. Women have been men. All these have forced into marriage in order to be living in a camp at Gan island in domestic violence. In the eastern from Burma are employed on the inevitably meant a violation of Underage marriages registered as a separate the Maldives have reported province of Batticaloa, a woman fringes of the economy, often as women’s human rights. All over Asia and most household to receive greater feeling unsafe and say that the was reportedly burnt to death casual and domestic labour. As predominately in India and Sri relief benefits.21 lack of privacy results in by her husband. non-citizens, they receive lower Lanka, many more women than harassment and intimidation. wages than Thai people working men were killed in the tsunami. In Increased pressure on girls to Camp residents have reported in the same jobs. The Thai India, this gave rise to a disturbing marry early and a rising trend of several cases of sexual authorities are reluctant to issue 48 49

DISCRIMINATION

ActionAid, PDHRE and HIC- are also required to prevent HLRN call on governments trafficking of girls and underage “WE RECEIVED NOTHING, NO LIVING and other relevant actors in or forced marriages. tsunami-affected countries to: — Ensure that there is no ALLOWANCE, BECAUSE THEY (THE — Involve women in decision- discrimination against women in making about damage relief and rehabilitation on the GOVERNMENT) BELIEVED WE WERE assessment, allocation of plots, basis of their caste, class, land surveys, designs of shelters citizenship, ethnicity, ability or age. and permanent houses. PART OF THE SEPARATIST MOVEMENT.” — Provide special protection to — Collect disaggregated data on orphaned boys and girls, and RESIDENT, LAMBARO NEUJID, INDONESIA women-headed households, provide them with adequate care single women and widowed and compensation in order to women, and provide such women secure their future. with compensation if they have previously not been included in compensation programmes. 20. op.cit. HLRN-HIC 21. op.cit. HLRN-HIC — Provide joint ownership of land, homes and other assets as part of the rehabilitation package. In cases where the woman is the head of the household, the title should be in her name alone.

— Review housing and rehabilitation policies in order to ensure that the privacy of women is respected and that they feel secure in temporary shelters. Arrange toilets and bathrooms to be attached to bedrooms and introduce proper lighting of the streets and houses as a priority.

— Ensure better law and order in and around the temporary shelters so as to prevent and address violence against women. Both law and order and socio-economic improvements 50 51

Existing discrimination on the nearby. When he returned to the A fact-finding mission22 on the “EVERYONE IS ENTITLED TO ALL basis of nationality, caste, area to oversee the distribution of situation of human rights in Sri gender, age and ethnicity are relief aid, again the dalits were Lanka found that conflict-affected often magnified in a post-disaster ignored. As a last resort, dalits eastern districts received the least THE RIGHTS AND FREEDOMS SET situation. The tsunami is no took matters into their own hands attention from the government. exception. Discrimination is and laid a roadblock to get Complaints of discrimination from OUT IN THIS DECLARATION WITHOUT evident in all countries and has recognition of their plight. Some survivors are widespread. been a major factor in impeding members of the village eventually people’s access to relief and received a bare minimum of relief Communities in Sri Lanka are DISTINCTION OF ANY KIND BE THAT rehabilitation post-tsunami. (rice and flour) but the local largely settled along ethnic lines, fishing community was not and ‘encroachment’ by other RACE, COLOUR, SEX, LANGUAGE, For dalits (members of the ‘lowest’ happy that the government was communities has led to disquiet caste) in India, discrimination that giving relief to dalit families. amongst tsunami survivors. It existed before the tsunami The case clearly illustrates why must be remembered that in RELIGION, POLITICAL OR OTHER increased afterwards when they governments must be proactive in areas marked by decades of were even more vulnerable. tackling discrimination. ethnic violence, post-disaster OPINION, NATIONAL OR SOCIAL ORIGIN, Fifteen families belonging to negotiations are highly sensitive. Paraiyar community in Vel Nagar, “I was employed as a Tamil Nadu, were left completely scavenger by the local In the Andamans there is PROPERTY, BIRTH OR OTHER STATUS.” devastated by the tsunami authority. When the tsunami hit, evidence that compensation waves, their homes destroyed they told us to go and pick up has been hijacked by local UNIVERSAL DECLARATION OF and cattle and poultry killed. the dead bodies on the shore, political groups. Residents Formerly agricultural labourers but they wouldn’t give us complain that people have working for paltry wages in fields protective gloves or masks.” received compensation on the HUMAN RIGHTS, 1948 owned by the local fishing Mr Kumar, dalit, basis of party political affiliation people, they were left with no Coimbatore, India rather than need. means of income. The 15 families together own just three acres of The local fishing community was Discrimination by the state has land. When they approached the the first to get temporary shelter, severely affected the rights of the village authorities for help, they while dalits had to wait. They Thai Mokens or sea gypsies. were driven away. desperately need permanent After the tsunami, members of houses and support to restart or the Moken community along with “We were left without any help. find new work and to replace other Thai survivors took refuge All agencies have ignored us in their cattle and poultry. in temples and other safe places. their relief distribution just However, when help arrived, the because we are dalits.” “We need homes, we need Mokens were treated differently. Dalit woman, Vel Nagar, India funds to buy new livestock, we In a temple in Phang Nga, while need money to buy essential everyone else received large When the local assembly member food, but no one cares about us. relief packages, Moken families visited the area, he avoided going Why? Because we are dalits.” were given a box of milk or to see the dalits although he spent Malini, dalit woman, Paraiyar canned sardines. time visiting other affected villages community, India 52 53

Mokens were also denied help by marginalised in society – dalits in regardless of political, social and the government as many are not India, people displaced by civil religious background, and Thai citizens. As a result, they war in Sri Lanka, migrant workers organise assistance in a way that have been relying solely on in Thailand and casual labourers helps minimise existing political, NGOs and private groups who in Indonesia. Relief and ethnic and social tensions. have helped them with rice, rehabilitation based on water, dry food and other discriminatory handouts rather — Include vulnerable groups in groceries. than a human rights approach decision-making forums with a magnifies differences and view to reversing existing “Had we waited for the heightens vulnerabilities. Be it prejudices against certain government to help us with food emergency relief or restoration of sections of society. or water we would have died.” housing and livelihoods, Sea gypsy from Thung wa, governments have done little to — Insist on transparency, the Thailand alleviate existing inequalities and establishment of independent have given little succour to feedback mechanisms and Some religious foundations in vulnerable groups. impartial systems for redressing Thailand have made it a grievances that are accessible to precondition of help that Mokens ActionAid, PDHRE and HIC- all, including the most vulnerable must change their religion and HLRN call on governments in sections of society. participate in the religious tsunami-affected countries to: activities of the foundation. In other places, religious — End discrimination on the 22. A fact-finding mission undertaken by The Human Rights Commission, Sri Lanka, in foundations will only help those grounds of race, ethnicity, caste, April 2005. The report is entitled The Human who paste a sticker displaying a gender, citizenship or legal status Rights Situation in the Eastern Province. religious symbol in front of their of settlement with regard to tent or house. access to compensation, relief and rehabilitation. The fact that While seemingly isolated, these affected persons were present in cases of discrimination reflect a the territory of a particular disturbingly familiar pattern. country should entitle them to full Voiceless communities with low relief and assistance without any incomes and little or no fear and prejudice, irrespective of education are bearing the brunt their nationality. of post-disaster deprivation. — Review existing procedures, Discrimination – a human policies and programmes which rights assessment create the basis for discrimination Just as disasters have a severe against vulnerable groups and impact on women and girls, other exacerbate existing inequalities. vulnerable groups are also hit particularly hard. These — Ensure that relief and communities are often the most rehabilitation are provided 54 55

GENERAL RECOMMENDATIONS

1. All relief and rehabilitation policies. Experience from the ‘Buffer zones’ must not be used It is imperative that livelihood made for women to jointly or possible, to enable them to take must be informed by a human post-tsunami scenario and to disenfranchise traditional restoration is undertaken in a spirit individually own land and housing. control and make decisions that rights framework various other disasters shows coastal communities in favour of of equality and non-discrimination affect them directly. Local bodies that simply incorporating human tourism or the interests of the with consideration for cultural should be given a leading role in In line with the international rights language does not ensure a local elite. People’s customary needs and geographic context. 6. Special consideration must decision-making and human rights law, governments human rights based approach in rights to the coast should be be given to the human rights of implementation. All relief and should set human rights disaster response, it must include recognised and protected, and marginalised communities rehabilitation must be conducted standards for all relief and process of human rights instead of penalising villagers and 5. Relief and rehabilitation in a spirit of accountability to the rehabilitation programmes education and learning. Policy settlements close to seashores, must be gender-sensitive and States must ensure that affected people and cooperation regardless of the implementing mechanisms need to be in place governments should protect all promote women’s human rights marginalised groups have equal among various actors involved. agency. States must strictly to ensure strict adherence to coastline populations by access to relief and rehabilitation. comply with international human human rights during programme establishing reliable people- Urgent steps must be taken to Steps must be taken to Regular reviews of rehabilitation rights standards. Governments implementation. All policies must centred early warning systems bring all compensation and compensate for previous must be conducted with must also put in place include specific measures for using new technology and rehabilitation measures in line imbalances in relief and participation from members of mechanisms for monitoring the protection of the human communications systems. with the principle of gender rehabilitation with regard to the affected communities and the human rights compliance of post- rights of vulnerable groups. equality. Women must participate marginalised communities. results must be made available in tsunami relief and rehabilitation in all decision-making bodies. All Members of marginalised the local language for the by all actors. All relief and 4. Livelihood restoration must housing, whether temporary or communities must have adequate community. Grievance redressal rehabilitation plans must uphold 3. The human rights of all to be undertaken in the spirit of permanent, must be sensitive to representation in all decision- mechanisms should be set up at the human rights of affected housing and land must be equality and non-discrimination women’s concerns and women’s making bodies of affected the lowest administrative levels populations, in particular the protected and fulfilled human rights. Resettlement sites people. Temporary and with adequate powers to address rights to life, livelihood, health, Governments must conduct must be secure, and should have permanent housing must not problems that may arise in the food, information and States must ensure that urgent reviews of the losses adequate facilities for housing, segregate on grounds of ethnicity course of the relief and participation, dignity, equality, emergency relief camps, and the livelihood needs of sanitation and water, as these or caste, and steps must be rehabilitation process. freedom of association and temporary shelter or permanent affected communities. Urgent affect women to a greater extent. taken to ensure that existing movement and adequate housing meet with the human steps must be taken to rectify Women’s access to healthcare, biases are not replicated in any housing. Furthermore, the right to rights standards of adequate existing imbalances. including to women doctors, new housing settlements. 8. Non-government relief, rehabilitation and disaster housing. These include health professionals and health- organisations should set preparedness must be habitability, location, personal The fishing community must get related information must also be All relief and rehabilitation must a precedence in respecting recognised as an inalienable right security and privacy, cultural locally appropriate boats, nets ensured. Women must have be conducted in a spirit of human rights standards of all affected people, and not appropriateness and access to and other equipment. Alternative security of tenure and at least accountability to the affected viewed as charity. basic services such as sanitation, livelihoods, where they are being jointly (with the man) hold title to people and cooperation among Non-government agencies must education and health. considered, must be developed their homes and land. Women the various actors involved. work on principles of Governments must make land in close consultation with the and girls must have equal access transparency and information 2. All disaster response available for housing communities. Livelihood plans to opportunities for rebuilding sharing. This should involve policies must be based on construction, including for people should provide for women’s their lives and livelihoods. Single 7. Participation of the coordination to ensure that a human rights approach who were homeless before the income generation needs. women, including widows, must tsunami-affected must be policies are not conflicting and tsunami, and it should be close Interventions must also be made to be considered as independent the guiding principle of post- efforts not duplicated. Their relief It is imperative that states to people’s sources of livelihood. help restore the livelihoods of economic units. Adequate tsunami rehabilitation activities must be guided by incorporate a human rights based New houses should be farmers, artisans and casual protection must be provided to minimum standards set up under approach into their disaster accessible to people with labourers as well as small business women and girls against violence Power should be delegated to SPHERE.23 At the same time, there response and emergency relief disabilities and to senior citizens. owners and shopkeepers. and abuse. Provisions must be local communities, as much as is a clear and urgent need to 56 57

APPENDICES

come up with guidelines and such as water and sanitation; Appendix one across the north, centre and minimum standards for long term health; education; to restore their south were selected. In reconstruction and rehabilitation livelihood; and to improve their Methodology Indonesia, the majority of the 34 work, using SPHERE as a building access to basic services. They sample villages belong to the block and within the international must not support any project that In November 2005, an extensive most severely affected districts of human rights framework. has potential to destroy people’s field survey was undertaken Banda Aceh and Aceh Besar. In access to land and livelihood. incorporating 95 villages, islands, Thailand, the survey was carried All field staff, in particular of Human rights must be inbuilt in settlements and colonies in five out in 24 villages. However, international agencies, must be their donor policies. tsunami-affected countries – quantitative data from Thailand sensitive to local culture. India, Sri Lanka, Indonesia, the was not available at the time of Information must be provided in Maldives and Thailand. Sampling writing this report. local languages, and foreign relief 10. The UN system must play a was based on a set of criteria workers must be accompanied larger role in monitoring human comprising: extent of damage; The survey, though not designed by local interpreters at all stages rights compliance presence of different social to be representative of any of interaction with the community groups; geographical spread and specific country or region, is during the rehabilitation process. The UN Office of the High displacement. In 70 villages, undoubtedly strongly indicative of Commissioner for Human Rights three structured instruments for the human rights status in the and the UN Human Right System survey – a household schedule, a affected communities. 9. The international community including the relevant special village schedule and a group including international financial rapporteurs should monitor State interview/discussion24 – were 24. Schedules available on request: institutions must integrate compliance with international administered to collect data and [email protected] human rights in their human rights standards in post- people’s opinions. Household humanitarian donor policy tsunami response work. selection within the sample location was random and The International community in generally comprised 15-20 per compliance with the principle of 23. Launched in 1997 by a group of cent of the number of humanitarian NGOs and the Red Cross and International Cooperation and Red Crescent movement, SPHERE framed a households. Additionally, group towards fulfilment of MDGs Humanitarian Charter and identified Minimum interviews were conducted in 25 Standards to be attained in disaster should generously contribute assistance, in each of five key sectors (water temporary shelters and other towards post-disaster supply and sanitation, nutrition, food aid, locations in the affected areas of shelter and health services). The aim of the rehabilitation and resettlement project is to improve the quality of assistance Indonesia, India and Maldives. work. They should honour the provided to people affected by disasters, and pledges they have made. Donor to enhance the accountability of the In India, the sample of 18 villages humanitarian system in disaster response. governments and international For full details, visit: comprised locations from Tamil financial institutions such as the http://www.sphereproject.org Nadu, Andhra Pradesh and the World Bank, Asian Development Andaman and Nicobar Islands. Bank and International Monetary Situation-specific cases were Fund must ensure that their aid also collected outside the and/or loan to governments is sample. In Sri Lanka, the nine committed to projects that can sample villages are from the help the poor to strengthening south and east of the country. In their access to basic facilities the Maldives, nine islands spread 58 59

Appendix two 18. Ambalanthota, 43. Meunasah Tuha, Group interviews only India Hambantota district Aceh Besar district 15. Kothapatnam Pallepalem, List of locations surveyed 19. Mawella-south, 44. Lam Guron, Indonesia Prakasham district, Hambantota district Aceh Besar district Temporary shelters and Andhra Pradesh India 45. Lambaro Neujid, Emergency tents 16. Ibbandhipuram, Prakasham 1. Theedir Nagar, Chennai Maldives Aceh Besar district district, Andhra Pradesh district, Tamil Nadu 20. Gan island, Laamu Atoll 46. Lam Pageu, 1. Geudong (hamlet, smaller 17. Kannagi Nagar, Chennai 2. Puthur, Kanyakumari district, 21. Fonadhoo island, Laamu Atoll Aceh Besar district community below the village), district, Tamil Nadu Tamil Nadu 22. Madifushi island, Thaa Atoll Matangbaroh (village), Tanah 18. Kargil Nagar, Chennai district, 3. Koonimedu Kuppam, 23. Guraidhoo island, Kaffu Atoll Thailand Pasir sub-district, district Tamil Nadu Villupuram district, Tamil Nadu 24. Villingili island, Gaaf Ali Atoll 47. Pak Koh, Phang Nga province of Lhokseumawe 19. Iraimandurai, Kanyakumari 4. Vayalur, Kancheepuram 25. Dhandhoo, Gaaf Ali Atoll 48. Laem Pom, 2. Cot Batee village, Jeumpa district, Tamil Nadu district, Tamil Nadu Phang Nga province sub-district, district Bireuen 20. Shoal Bay, South Port Blair 5. Manginpudi Beach village, Indonesia 49. Muang Mai, 3. Jambo Timu village, Blang 21. Mithakari, South Andaman Krishna district, 26. Ulee Lheu, Phang Nga province Mangat sub-district, 22. Car Nicobar island Andhra Pradesh Banda Aceh district 50. Koh Ra, Phang Nga province district Lhokseumawe 6. Anjalapuram, Nellore district, 27. Gampong Pie, 51. Pakjok, Phang Nga province 4. Buda Tzu Chi’s shelter in Kota Maldives Andhra Pradesh Banda Aceh district 52. Tab Tawan, Jantho (sub-district), 23. Hulhumale, camp for 7. Dibbapalem, Visakhapatnam 28. Asoenanggroe, Phang Nga province Aceh Besar displaced persons from district, Andhra Pradesh Banda Aceh district 53. Thungwa, Phang Nga province 5. Krueng Juli, Jeumpa sub- Villifushi, Madifushi and 8. Namunaghar, Andaman 29. Surien, Banda Aceh district 54. Nai Rai, Phang Nga province district, district Bireuen Kadholhudhoo district, Andaman and 30. Cot Lamkuweh, 55. Nok Na, Phang Nga province 6. Siron (village), sub-district of 24. Hulhudhufaaru island Nicobar Islands Banda Aceh district 56. Ban Leam, Krabi province Ingin Jaya, Aceh Besar (district) 25. Ugoofaaru 9. Machidera, Netaji Nagar, 31. Lam Jamee, 57. Phi Phi island, Krabi province 7. Lamno, Jaya sub-district, Najappa Nagar, Panchu Tikri Aceh Besar district 58. Tha Klang, Ranong province district Aceh Jaya (Hut Bay), Andaman district, 32. Ulee Pata, Aceh Besar district 59. Chang Lang, Trang province 8. Kuala Bubon (village), Andaman and Nicobar Islands 33. Lam Hasan, 60. Mod Ta Noi, Trang province Samatiga (sub-district), 10. Kakana, Nicobar district, Aceh Besar district 61. Ta Se, Trang province district of West Aceh Andaman and Nicobar Islands 34. Payatieng, Aceh Besar district 62. Koh Muk, Trang province 9. Beureugang (village), Kaway 35. Lam Geueu, 63. Pra Mueng, Trang province XVI (sub-district), district of Sri Lanka Aceh Besar district 64. Tan Yong Uma, Satun province West Aceh 11. Nintavur, Ampara district 36. Lam Rukam, 65. Ba Kan Yai, Satun province 10. Meunasah Keude, Panteraja 12. Karaitivu, Ampara district Aceh Besar district 66. Sakorn Tai, Satun province (sub-district), district of Pidie 13. Al-Inzania, Batticaloa district 37. Lam Keumok, 67. Tan Yong Klang, 11. Seuneubok, Seulimeum sub- 14. Kalametiya, Aceh Besar district Satun province district, district Aceh Besar Hambantota district 38. Lam Isek, Aceh Besar district 68. Bor Jed Look, Satun province 12. Teureubeh village, Jantho sub- 15. UC quarters, 39. Lam Teh, Aceh Besar district 69. San Klang, Satun province district, district Aceh Besar Hambantota district 40. Kampung Baru, 70. Son Mai, Satun province 13. Refugees’ tent on Nyak 16. Khandamotara, Aceh Besar district Makam Street, Banda Aceh Hambantota district 41. Lam Awee, Aceh Besar district 14. Cot Geu, Darul Imarah sub- 17. Rekawa-east, 42. Lam Manyang, district, district of Aceh Besar Hambantota district Aceh Besar district 60 61

Appendix three conditions in most areas are poor, excluded from the rehabilitation orphaned children to enable them — there must be increased This tragic anniversary also serves and many people still do not have and reconstruction process, and to receive entitlements to land and accountability of public and as a reminder to all States of the Joint statement by Mr. Miloon access to basic services like often lack access to education compensation instead of merely private aid providers toward the urgent need for human rights Kothari, Special Rapporteur water, sanitation and healthcare. and security of tenure. The absorbing them into existing people they are trying to assist based disaster-preparedness and on Adequate Housing, United presence of military forces in family units exercising temporary disaster-response policies. Nations Commission on Human We are concerned that a year some camps where tsunami guardianship. — the concerned governments Experience has clearly shown how Rights and Dr. Walter Kälin, later, reconstruction efforts are survivors are living, as well as the must play a more pro-active role much can be gained when these Representative of the UN plagued by serious delays and lack of privacy in temporary We are concerned that the forced in reconstruction efforts, policies are based on international Secretary General on the have not been awarded the shelters, has raised serious relocation of certain groups of especially in providing permanent human rights standards and Human Rights of Internally priority they so urgently warrant. concerns regarding women’s people further exposes them to housing and restoring livelihoods appropriately provide for long- Displaced People Tsunami survivors continue to physical safety, and has increased vulnerability. This includes dalit in an equitable manner term rehabilitation and suffer from inequities in aid their vulnerability to physical and communities in India, Burmese reconstruction programmes. 19 December 2005 distribution and sub-standard sexual violence, illustrating once migrants in Thailand, and Tamils — there is an urgent need to housing resulting from political again the close nexus between and Muslims in Sri Lanka. Many develop mechanisms that ensure One year after the Indian Ocean dynamics, bureaucratic violence against women and the fishing communities have been transparency and accountability tsunami wreaked havoc on the inefficiencies, and caste affiliation. lack of adequate housing. Reports forced to relocate far from the in the disbursal of funds; that lives and livelihoods of hundreds Furthermore, affected of domestic violence have been coast, which has further allow monitoring of all actors of thousands of people across communities have not been widespread, as the inadequate jeopardised their livelihoods and involved in post-disaster relief several countries, relief and consulted and have been denied nature of housing design and nutrition requirements. Efforts and reconstruction; that enable rehabilitation efforts, regrettably, access to information and settlement layout have only must also be made to prevent survivors to participate in continue to prove inadequate. participation in planning and served to exacerbate already further societal discrimination or reconstruction planning and Large numbers of survivors decision-making processes tense relations in the home due to exposure to risk of vulnerable implementation; that ensure that remain forced to live in sub- related to rehabilitation. the stressful nature of life post- groups, such as those living with within resettlement areas women standard conditions that fail to Specifically, there have also been tsunami. In addition, many regions HIV/AIDS or mental illness, have equal rights to land and meet criteria for adequate housing allegations that government continue to lack adequate health refugees, internally displaced housing; and that provide access and living conditions dictated by agencies and aid organizations services. The shortage of health persons, the disabled, and the to grievance redressal and international human rights have failed to involve affected professionals and health-related elderly. justice systems standards. The lack of attention communities in the formulation of information only serves to further given to the high number of need and loss assessments, aid exacerbate the situation. The On this, the one-year anniversary — concerted efforts must be internally displaced persons in distribution, and reconstruction. phenomenon of so-called of the Asian tsunami, we strongly taken to ensure that political affected countries is also a cause “tsunami marriages” among encourage the international interests do not threaten of concern. A majority of Although international attention under-age girls is common in community to intensify its efforts rehabilitation work, especially in individuals are still living in seems to be waning rapidly, post- some areas, especially in southern to assist the governments of India, conflict-ravaged areas. Survivors’ temporary shelters, while many tsunami challenges continue to India and Sri Lanka. It is essential Indonesia, Sri Lanka, the rights to dignity, gender equality, remain mired in unacceptably have an enormous impact on that relief and rehabilitation efforts Maldives, Thailand and Somalia to livelihood, and adequate rudimentary conditions akin to the affected communities, family are carried out in a gender- rebuild the lives, livelihoods and conditions of living must be upheld emergency relief camps that were structures and social relations. sensitive manner and take into homes of those affected by the and must guide all rehabilitation set up in the immediate aftermath This impact has been particularly account the special needs and tsunami, in fulfillment of their and reconstruction efforts. of the disaster. Still others are severe on women and on concerns of women. Efforts must obligations under international forced to reside in damaged vulnerable groups such as also be made to uphold the rights human rights law. Along with this homes due to the lack of available children. Affected women of children. Special guarantees commitment a number of urgent or suitable alternatives. Living continue to be marginalised and should be put in place for steps need to be taken: 62 63

Acknowledgements Thailand Organisations Organisations Special thanks to: The Collaborative Network for the National Anti War Front, National ActionAid International – Editors Rehabilitation of the Andaman Forum for People’s Organisation, Koy Thomson, Roger Yates, Malavika Vartak, Pushpendra, Communities and Natural Walawe Kantha Maha Richard Miller, John Samuel, Anup K. Karan, Shivani Chaudhry, Resources, and ActionAid Sangamaya, Rakewa Khurshid Alam, Louise Hilditch Alice Wynne Willson, Jack Thai Programme Development Foundation, Al Campbell, Niall Sookoo and Ameen Community Development People’s Movement for Human Stephanie Ross Centre, Foundation for Rights Learning – Sapna Patel Indonesia Co- Existence, Social United Achmad Uzair Fauzan, Budi Multipurpose Development Indonesia – Wardah Hafidz Research team Suprojo, Mokh Sobirin and Organization, Foundation of Rural (Urban Poor Consortium) Fauziatul Iffah Economic Development, Social India Welfare, Economic & Industrial Maldives – Fathimath Afiya Murali.K, Satyanarayana, Organisation Development Organisation (Care Society) Hemanth. M, Fareed, Doli Datta, Urban Poor Link (SWEIDO Vision), and ActionAid Tara Sarkar, Groeti, Shyam Kumar, International Sri Lanka India – Jaideep, Anupama Mahuri, Francis, Princy, Rajesh, Parimala, Harjeet Singh, Preeti Das, Satish, Madavai, Prabhakar, Appa Sri Lanka Visweswara Rao, Ravi Pratap Rao, Trinadh, Hema, Sridevi, Ravi, P K Asmi, Chandana Sisira Maldives Singh, Babu Mathews Durga Rao, Aruna and Chiranjeevi, Kumara, Mohammed Rikas, Ilham Mohamed, Mohamed (ActionAid International India) Prakash, Thomas and Sridevi, Giri, Zeena Noor Sali, Mohammed Sahafaz Wajeeh and Ibrahim Hud Chandramma and Surekha Mazam, Upul Sarath Chandra, Sri Lanka – Saroj Das, Sandhya Kusumsiri Hewa, D V Shalika, Organisation Weerasinghe, Bijay Kumar Organisations S H Sanath Sanjeewa, Care Society (ActionAid International Sri Lanka) Tata Institute of Social Sciences P M Dhanushka, Gamage team in Port Blair, Human Rights Eminona, W A Karunawathi, Thailand – Parinya Law Network in Port Blair, Dalit Chathurika Sewwandi, Chamila Boonridrerthaikul, Supaporn Mannuramai Kootamaippu, Edirisinghe, A K Wasanthi, Thilini Khrutmuang, Jan Boontinand People’s Action Movement, Irual Laksitha, Sudath Weerasinghe, (ActionAid Thai Programme) Tribal Women’s Welfare Society, Nirosha Kumari, Dilini District Fishermen Youth Welfare Kaluarachchi, N M Sanjeewa, This report would not have Association, Sangamitra Service A. H. Ayesha, A. Mohamod Lafeer, been possible without the Society, Society for National S.H Rihana Banu, P.M.Sithy Rajya, insight and input of thousands Integration and Rural M.H. Hijra, M.A.C. Firthousia, of people who are still Development, Association for Nayeema, Ashmiya, Siyana, struggling to recover from the Rural Development, and ActionAid M.M. Azwar, M.S. Rauff, A.M. tsunami of December 2004. International India Banu, K. Vasantharani, K. Shirmila, N. Kavanitha, S. Chandrakala, K. Kokularajani, W. Rajindra Rohitha, Indika Dayarathne, Jayashanka Basnayake, Frido Fernando, Hasantha Gunaweera 64

ActionAid International is a Photographs in order of appearance unique partnership of people who India, Chris Stowers/Panos Pictures/ActionAid India, Chris Stowers/Panos Pictures/ActionAid are fighting for a better world – India, Chris Stowers/Panos Pictures/ActionAid a world without poverty. For more Thailand, Jack Picone/ActionAid information on our work in 45 India, Srikanth Kolari/ActionAid countries, including our tsunami India, Chris Stowers/Panos Pictures/ActionAid response in India, Sri Lanka, Thailand, Patrick Brown/Panos Pictures/ActionAid Thailand, The Maldives and Design Somalia: www.actionaid.org Ranch/UK

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