action aid tsunami human rights report

8/3/2019 Action Aid Tsunami Human Rights Report

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All people and all human beings, withoutdistinction as to race, colour, sex, language,religion, nationality, ethnic origin, family or socialstatus, or political or other conviction, shall havethe right to live in dignity and freedom and toenjoy the fruits of social progress and should,

on their part, contribute to it.United Nations Declaration on Social Progress andDevelopment, 1969 General Assembly resolution 2542.

January 2006


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CONTENTS

Foreword 03Reflections 07Executive summary 09Introduction 13Land 15Housing 23

Livelihoods 33Women 41Discrimination 49General recommendations 54

Appendices 57

Appendix one: methodology 57 Appendix two: list of locations 58surveyed

Appendix three: joint statement 60by Miloon Kothari and Walter Klin


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The December 2004 tsunamiunleashed loss and destruction ofhorrific magnitude in 12 countries1

in Asia and Africa. One year afterthe tragedy, despite thetremendous efforts of local,

national and internationalagencies, the rehabilitation andreconstruction process is fraughtwith difficulties.

Even though all the affectedcountries have ratifiedinternational human rightsinstruments, they are failing tomeet these standards in post-tsunami relief and rehabilitationwork. Allegations of humanrights violations in tsunami-

affected areas are rampant.These include discrimination inaid distribution, forced relocation,arbitrary arrests and sexual andgender-based violence. One yearon, tsunami reconstruction effortsare plagued with serious delaysand have not been given thepriority they warrant.

While international attention isfading, post-tsunami challengescontinue to have an enormous

impact on the family structuresand social relations of affectedcommunities. This impact hasbeen particularly severe onwomen and other vulnerablegroups, including children.

Women continue to bemarginalised in the rehabilitationand reconstruction process.

A lack of access to education, alack of security of tenure for landand housing, domestic violenceand other forms of genderdiscrimination conspire to hamperrecovery. The presence of military

forces in camps where tsunamisurvivors are living and the lack ofprivacy in temporary sheltershave caused serious concern forwomens physical safety. This iscompounded by an absence ofadequate health services.

Greater efforts must also bemade to uphold the rights ofchildren. Special guarantees areyet to be put in place to enableorphaned children to receive

entitlements to land andcompensation. Instead theseassets are being absorbed intothe existing family units oftemporary guardians.

Under international human rightslaw, individual states bear theprimary responsibility forprotecting the rights of theirpopulations, including the rights tofood, water, health, education andadequate housing. This

responsibility extends to naturaldisasters. As recently asSeptember 2005, during the 60thsession of the General Assemblyof the United Nations, heads ofstate specifically expressed theircommitment to support theefforts of countries... to strengthentheir capacities at all levels inorder to prepare for and respond

rapidly to natural disasters andmitigate their impact.2

Inadequate response and a lackof consideration for the humanrights of victims creates a human

induced tragedy that exacerbatesthe plight of those alreadysuffering the effects of a disasterbrought on by natural causes.Therefore, individual states,international agencies includingthe UN and its programmes, civilsociety and the private sector,must redouble efforts towards therealisation of human rightsworldwide, including rights todisaster-preparedness anddisaster-response. Indeed this is

essential if we are to reduce theloss of life, human suffering andhomelessness resulting fromdisasters in the future. It is onlythrough national and internationacooperation based on humanrights standards3 that peopleuprooted and at risk as a result odevastating natural disasters canbe effectively protected.

This report is a significantcontribution. It assesses the

status of post-tsunamireconstruction and clearlyhighlights multiple human rightsviolations in Indonesia, Thailand,Sri Lanka, India and the MaldivesIt makes the demand for humanrights standards in resettlementand reconstruction all the moreurgent.4 Non-discriminatoryaccess to relief and rehabilitation

FOREWORD


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mechanisms to ensureransparency and accountability,

and provision for the activeparticipation of survivors arefundamental, while all efforts mustake into account the special

needs and concerns of women.

The report findings represent anopportunity to put things right.We know that there has beensome excellent work bygovernments and non-governmental organisationsNGOs) in the wake of thesunami the speed and scale ofhe response meant that lives

were saved and many predictedoutbreaks of epidemics were

contained but it is not enough.We can see that where peoplehave organised, they havepushed governments and NGOso be responsive, and we should

build on these efforts.

All actors involved in relief andrehabilitation work mustundertake efforts to make surehat the grave mistakes made in

post-disaster experiences of thepast are not repeated. Failure to

mmediately comply with humanrights standards will deepen thehuman-induced tragedy alreadyafflicted on the survivors of thesunami. The resolve shown by

states and the internationalcommunity in the immediateaftermath of the tsunami must notbe allowed to dissipate. In theprocess of rebuilding the lives,

livelihoods and homes of thoseaffected, it is vital that immediatehumanitarian needs becomplemented with long-termrehabilitation and reconstructionprogrammes based on

international human rightsstandards, which upholdsurvivors rights to dignity,equality, livelihood andadequate conditions of living.

Miloon KothariSpecial Rapporteuron Adequate HousingUnited Nations Commissionon Human Rights

New Delhi, January 2006

1. Indonesia, Sri Lanka, India, Thailand,Maldives, Somalia and on lesser scale in sixother countries of Asia and Africa

2. See 2005 World Summit Outcome Documentat http://www.un.org/summit2005/documents.html

3. Human rights standards including theInternational Covenant on Economic, Socialand Cultural Rights, and the GuidingPrinciples on Internal Displacement

4. A compilation entitled International HumanRights Standards on Post-DisasterResettlement and Rehabilitation prepared byHabitat International Coalition Housing andLand Rights Network and PeoplesMovement for Human Rights Learning, incollaboration with the UN Special Rapporteuron adequate housing, documents some ofthese existing standards: www.pdhre.org/HIC-PDHRE.pdf


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No event in living memory has produced a response on the scaleof the December 2004 tsunami. Much of the public andinternational reaction was due to the chilling images broadcastaround the world of lives, homes and livelihoods being lost, sweptaway in the torrents of water that engulfed the coastline.

The responsibility is on us all community groups, internationalNGOs and governments to use the money donated to make alasting difference to the millions of families affected by the tsunami.Though communities and NGOs are undoubtedly important actors,it is governments who control the lions share of relief andrehabilitation funds and who are ultimately responsible forprotecting human rights. They should not be allowed to abdicatetheir responsibilities. People have a right to demand adequaterehabilitation.

This report looks specifically at how governments have dealt withhuman rights through the distribution of emergency relief,compensation and longer-term reconstruction. Whilst much of

what governments have done in exceptionally difficultcircumstances has been good, this report highlights a culture offailure to deliver to some of the most needy, some of the poorestand some of the people already on the margins of society due totheir gender, their race or their ethnicity.

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

Communities who live on the margins of society are at the centre

of ActionAids work. We campaign with them for their right to livea life free from fear, free from poverty and free from prejudice inthe only way we know how by making governments accountablefor their actions and the effect they have on their people.

Ramesh SinghChief Executive,

ActionAid International

REFLECTIONS


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Displaced people have beeneft with no means to earn a living.

Lack of livelihood support forvulnerable groups such aswomen and migrant workers has

exposed them to furtherexploitation, trafficking andbonded labour.

Within the fishing community,hose engaged in small-scale

fishing have benefited less fromivelihood support programmes.n programmes to generate localemployment, the affected peoplecomplained of use of outsideabour by contractors.

3.4 WomenRelief and rehabilitation effortsare dominated by male interestsand fail to recognise the crucialrole of women in leading therecovery process:

Single women, includingwidows, have not beenrecognised as a household unitand have frequently been deniedcompensation.

Housing design and layout inparticular has been gendernsensitive, affecting womensprivacy and security.

Increased burdens, such asproviding clean water, falldisproportionately on women.

Women are being routinelyexcluded from decision-making.Government policies have failed tooffer new opportunities for women.

3.5 Discrimination and

vulnerabilityThe tsunami has had a moresevere impact on marginalisedgroups. Deep-rooted inequalitiesbased on caste, class, gender,nationality and ethnicity havebeen magnified by discriminatorypolicies and practices. Thefollowing groups have receivedlittle or no support and areexcluded from decision-making:

Sea gypsies and migrant

labourers in Thailand.

Agricultural workers andlandless people in all countries.

Dalits (formerly untouchablecastes) in India.

Ethnic minorities and peopledisplaced by war in eastern andnorthern Sri Lanka.

Government policies and

practices have reinforced ratherthan challenged social divisions.The overall situation forvulnerable groups is bleak.

4. Recommendations

In all five of the areas researched,our findings show that humanrights have been undermined inthe aftermath of the tsunami. A

major effort is required to preventfurther abuse of human rights andto correct the wrongs thatcharacterise the first year of thetsunami response. Our generalrecommendations thereforeinclude the following measures:

1.Post-tsunami recovery plansmust be informed by a humanrights framework.

2. Disaster-response policies

must be based on a human rightsapproach including the humanrights education and learning withall stakeholders.

3. The basic human rights tohousing and land for all must beprotected and fulfilled.

4. Livelihood restoration must beundertaken in a spirit of equalityand non-discrimination.

5. Relief and rehabilitation mustbe gender-sensitive andrecognise womens human rights.

6. Special protection must begiven to those who facediscrimination and exclusion.


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7. Participation of the tsunami-affected must be the guidingprinciple of post-tsunamirehabilitation.

8. Non-government organisations

should set a precedence inrespecting human rightsstandards.

9. The international community,including international financialinstitutions, must integrate humanrights in their humanitariandonor policy.

10. The UN system must play alarger role in monitoring humanrights compliance.

5. General Comment 4 of the Committee onEconomic, Social and Cultural Rights sets outminimum core obligations of the State in thecontext of the right to adequate housing as:a) legal security of tenure; b) availability ofservices, materials, facilities and infrastructure;c) affordability; d) habitability; e) accessibility;f) location; and g) cultural adequacy.For details, visit:http://www.unhchr.ch/tbs/doc.nsf/(symbol)/CESCR+General+comment+4.En?OpenDocument


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INDIA

ANDAMAN

ISLANDS

THAILAND

SRI LANKA

MALDIVES

INDONESIA

NICOBAR

ISLANDS


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INTRODUCTION

All human beings are born freeand equal in dignity and rights.They are endowed with reasonand conscience and should acttowards one another in a spiritof brotherhood.

Universal Declaration of HumanRights, 1948

A year has gone by since the ill-fated day of 26 December 2004when a tsunami, triggered by anearthquake of magnitude 9.0 onthe Richter scale, hit 12 countriesin Asia and Africa. It caused oneof the worst disasters ever facedby humankind. More than 250,000people have been reported deador missing. Over 2.5 million

people have been displaced andrendered homeless.

Brutal images of destruction,upheaval, death and loss stirredpeople from across the globeto respond generously.Governments and non-governmental organisationsreceived unprecedented aid forrelief and rehabilitation fromnational and internationalsources, individuals, businesses

and governments.

The relief effort was the largestever undertaken. No doubt, theefforts of governments, donors,local and international NGOs andthe UN have made significantinroads into the task of rebuildingpeoples lives. In the immediateaftermath, the majority of victims

received food, water, shelter,psycho-social care and healthservices. Epidemics and furtherloss of life were avoided.Continuous efforts have kepthope alive. Most importantly,

peoples resilience hasbeen strengthened.

Yet at the same time, as thisreport highlights, the conditionsendured by many tsunamisurvivors, particularly by certainvulnerable communities, isunbelievably grim. Hundreds ofthousands of tsunami survivorsare still living in virtuallyuninhabitable shelters. They oftenlack access to health and other

basic services. Thousands ofchildren have not been able to goback to school, women do notfeel secure, peoples livelihoodshave not been restored, andpeople are still distressinglyuncertain about their future.

It is unacceptable that, in themost difficult of circumstances,peoples basic rights should beignored or suspended, when, infact, the opposite should be true.

Through decades of experienceof working with poor communitieswe are intimate with the socialstructures that creatediscrimination, injustice andexclusion. In disaster and post-disaster situations, discriminationis often magnified, creating adouble impact on vulnerable

groups. Then, there areunscrupulous business intereststhat aim to profit even at the costof poor peoples survival.

Mere aid is insufficient to tackle

such situations. The role ofgovernment is crucial. For aid tobe effective, the onus is ongovernments to: introducelegislation that helps vulnerablegroups; to transfer the largestshare of resources to the poorestand defend the most marginalisethrough social protectionmeasures; to prevent corporateinterests from trampling overpeoples rights to housing andlivelihoods; and to enable

communities to participate indecisions that affect their lives.

All these measures increase theeffectiveness of aid. They createconditions in which the goodwishes, prayers and donationsof people around the world canbear fruit.

It is in this context that weexamine the role of governmentsin post-tsunami relief andrehabilitation in the affected

countries. We believe that reliefand rehabilitation is not just abougiving money and resources it ialso about respecting the dignityof victims. International humanrights law provides us with a legaand moral basis to holdgovernments accountable. It isgovernments who are signatoriesto international human rights laws


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and these laws are supposed tobe binding. At the same time, allother actors involved in post-disaster relief and reconstructionmust also adhere to internationalhuman rights standards to ensure

that the human rights of thosethey are working for are upheld.

The recovery process shouldtherefore be measured againstnternational human rightsstandards. At the core of thesestandards is the full and informedparticipation of affectedcommunities, including womenand other marginalised groups.

On 11 January 2005, within days

of the disaster, 26 mandate-holders of special procedures ofthe United Nations Commissionon Human Rights issued a jointstatement6 calling for urgentcommitment from governmentsto uphold international humanrights standards in both themmediate response and theong-term rehabilitationphase. Unfortunately, as thisreport demonstrates, theirrecommendations have not

been heeded.

The information in this report ispresented thematically andcovers the key sectors ofhousing, land, livelihoods, womenand discrimination. Cross-cuttingssues such as participation indecision-making andaccountability are addressed

in each section. Finally the reportmakes recommendations forgovernments which, if adheredto, will contribute towardsreducing suffering and building abetter future for survivors.

This report is dedicated to allthose who lost their lives in thetsunami on 26 December 2004.

We hope that the recommendationsare acted upon by the governmentsof the affected countries. If theyare, then this will be a livingmemorial to all those that died.

Shivani Chaudhry

HIC-HLRNHabitat International CoalitionHousing and Land Rights Network

Minar PimplePDHREPeoples Movement for HumanRights Learning

PushpendraActionAid InternationalTsunami ResponseCoordination Centre

6 For statement visit:http://www.unhchr.ch/huricane/huricane.nsf/view01/22186F8A0066185DC1256F86003678B1?opendocument


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LAND

I CAME TO THE VILLAGE THE DAYAFTER THE TSUNAMI TO LOOK FOR MY

CHILDREN BUT THE GUARDS HADALREADY PUT A FENCE UP. I BEGGEDTHEM TO LET ME IN BUT THEY SAID ITWAS THEIR LAND AND THEY WOULDBE BUILDING A HOTEL. THEY HELD

THEIR GUNS AND SAID THAT, IF I DIDNTGO, I WOULD JOIN THOSE WHO DIED INTHE TSUNAMI. WE HAVE LOST OURFAMILIES, NOW WE ARE HAVING OURHOMES STOLEN TOO.DAENG, LAEM POM VILLAGE, THAILAND


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STATES SHOULD TAKE MEASURESTO PROMOTE AND PROTECT THE

SECURITY OF LAND TENURE,ESPECIALLY WITH RESPECT TO WOMEN,POOR AND DISADVANTAGED SEGMENTSOF SOCIETY, THROUGH LEGISLATIONTHAT PROTECTS THE FULL AND

EQUAL RIGHT TO OWN LAND ANDOTHER PROPERTY.WORLD FOOD SUMMIT 2002


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The right to land is one of themost contentious issues to havearisen in the wake of the tsunami.

Across the region there are casesof conflict between communitieswho have historically lived along

the coastline and governmentdepartments, major land-ownersand developers. With coastalland at a premium for tourismand sea areas coveted byindustrial fishing companies, thegovernments of India, Sri Lanka,Indonesia and Thailand arediscouraging and evenpreventing people fromreturning to their original land andfishing areas. In some casesgovernments have made

compensation contingent onpeople relinquishing their rightsto coastal land.

In other cases, governmentshave failed to compensate localresidents and farmers for landthat has become uninhabitable orbarren due to sea water.Survivors from Kuala Bubon inWest Aceh, Indonesia, are stillawaiting compensation for lostland and earnings, despite

repeated promises from the chiefof Indonesias National Land

Agency.

Buffer zonesAn aspect of government policythat has caused great hardship totsunami survivors has been theimposition of buffer zonespreventing people from rebuilding

homes along the coast. India,Indonesia, Sri Lanka, Thailandand the Maldives have allcreated restricted areas orislands, supposedly to mitigatethe impact of future storms or

tsunamis. With moving inlandoften a pre-condition forreceiving a new house, poorerfamilies are left with little choicebut to relocate. Lack of clarityover government plans andenforcement mean that manypeople are still uncertain abouttheir future.

In India, the coastal regulationzone (CRZ), in existence since1991, restricts dwellings and

other residential activity within500 metres of the hightide line.Post-tsunami, the governmentdeclared its intention to enforcethis regulation rigorously. Thisgenerated a huge outcry fromfishing communities along thecoast of Tamil Nadu as it wouldhave meant relocating severalhundreds of villages. Not onlywould it prevent fishingcommunities from earning a livingbut it would deny their customary

rights to land by the sea. For anumber of those surveyed,renewed enforcement of the CRZwould mean relinquishing legaltenure for coastal land andproperties to the state under theguise of safety concerns.

After an intense three-monthcampaign by fisher peoples

organisations, the government ofTamil Nadu has recentlyamended legislation, acceptingtheir right to remain close to thesea but withholding benefits fromthose who choose to do so.

People are now allowed torebuild and repair houses within200 metres of the hightide linebut they must pay for itthemselves. On the other hand, ifthey choose to move more than200 metres from the hightide linethey are eligible to receive a newhouse from the government.

In the case of Manginpudi Beachvillage in Andhra Pradesh,residents have been forcibly

relocated two kilometres awayfrom their original village, makingway for new tourist resorts. Thegovernment promised to allocatenew land to them and build themnew homes, but to date residentshave no information as to whenthese will be ready.

The land they have told usto move to is two kilometresaway from where we used tolive. How can we go and fish

if we are made to move tothis new place?Resident from ManginpudiBeach village, India

In Sri Lanka in response topopular pressure in the run-up topresidential elections, the 100-200 metre buffer zoneestablished in the aftermath of


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the government announced inMay that it would allow people torebuild in areas previouslydeclared as buffer zones. Thishas paved the way for people toreclaim their land.

Double standards are clearlyevident in the application ofbuffer zones in tsunami-hitcountries. Economically andpolitically powerful sections ofsociety have been allowed toexploit the disaster for privategain at the expense of themost vulnerable.

From a human rights perspective,f buffer zones are to be

maintained they must apply to all local communities and bigdevelopers alike. Moremportantly, buffer zones mustnot be used to undermine thecustomary rights of traditionalcoastal communities over coastaland. Governments should investn community early warningsystems and local preparednessso that people can live safely andfearlessly by the sea.

Land for permanent housingOne of the main reasons for slowprogress on permanent housings the paucity of land. In severalcases, government agencieshave been slow to acquire landfrom private parties or have beenreluctant to pay the market price.

In two areas of Prakasham inAndhra Pradesh, India, a localNGO had taken on responsibilityfor the construction of permanenthousing but the price quoted topurchase the 2.5 acres of land

needed was considered by thegovernment to be extremely high.Progress has now stalled andthere is confusion over who willbear the cost. Residents doubtwhether the plan will go ahead.

We have not heard anythingabout the new houses; whoknows if we will ever get them?Resident, KothapatnamPallepalem village, India

In Iraimandurai, Tamil Nadu, India,residents have had to give up theirrights to their coastal land in orderto be eligible for government landand a house farther from the sea.

Although many were unhappyabout relinquishing their landrights, they felt there was no otheroption if they were to receive help.The relocation will damage theirlivelihoods and increase othercosts, including the cost oftransport for children to get to

school. Residents also feel it willmean the loss of social networksand their sense of community.

In Namunaghar, Andaman andNicobar Islands, India, residentswere unaware of any plans forpermanent housing as they havehad no contact from authoritieson this issue.

One of the greatest impedimentsto providing permanent housingin Sri Lanka8 has been the lack ofa clear policy or mechanism forland acquisition andredistribution. This includes lack

of coordination between NGOsand the government. NGOs havesaid they are willing to buildhouses, but the government hasnot provided the required land. Insome places, land wasapparently unavailable, while inothers the land allocated had arocky composition or was in alow-lying area, making itunsuitable for housingconstruction. Additionally, legalprocedures for acquiring land

tend to be cumbersome, leadingto corruption by officials andpoliticians.

In Sri Lankas eastern provinces,people have received very littleinformation on possible sites,timescales or the nature of theproposed permanent housing.They had not been consulted orinvolved in the process ofidentifying suitable land forpermanent housing.

In Indonesia, the situation forpeople who had been living inrented accommodation or withfriends or family is even lesscertain than for those who ownedhomes prior to the tsunami. Sofar, house reconstruction is onlyfor those who have land and notfor those who used to rent the


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house. The problem landlesspeople face is particularly acutebecause while they are strugglingeven to restore their previousincomes, local rents have soaredby 200-300 per cent since the

tsunami.

All house reconstructionprogrammes require ownershipover the land. We can nolonger afford to rent a house.I dont know where to look forhouse aid.Pak Indra, Nyak Makam,Indonesia

According to official figures,9

only 62 out of 4,511 houses in

the construction plan in the sub-district of Johan Pahlawan inWest Aceh had been completedby the end of September 2005. In

Aceh Jaya district, only 815 of16,283 houses required forsurvivors had been planned orwere under construction, whileno clear plans were in place forthe rest. Survivors felt that thiswas mainly because the NGOscommitted to reconstruction werewaiting for policies and

guidelines from the government.Reasons for delays include thefact that the governmentsRehabilitation and Reconstruction

Agency was only established inmid-April and most NGOs are stillwaiting for land to be allocatedfor housing.

Land a human rightsassessmentGovernments have made littleprogress in acquiring thenecessary land for permanenthousing construction. Instead

governments are either complicitor playing an active role in land-grabbing from marginalisedcommunities such as Thailandssea gypsies and fishing familiesin all countries.

It is the responsibility ofgovernments to prevent landfrom being taken away frommarginalised communities and toacquire sites for housingconstruction. Unless firm steps

are taken to respond to growingpressure from civil societygroups, the human rights of thesevulnerable communities will befurther eroded. As well as landand property owners, landlesslabourers and people living inrented accommodation must alsohave their right to adequatehousing protected.

ActionAid, PDHRE and HIC-HLRN call on governments in

tsunami-affected countries to:

Immediately stop theinvoluntary displacement of peoplein the name of buffer zone orsafe island policies. Peoplescustomary rights to sea fronts andland must be recognised.

Stop making compensationconditional on relocation offers.

Provide land to the landless forhousing and livelihood purposes,and ensure compensation is no

longer restricted to those whoowned land previously.

Acquire or purchase landsurgently so that building ofpermanent houses starts forthose who did not possess landin the past or who want torelocate voluntarily.

Prevent companies, local landmafia, landlords etc from usingthe tsunami as an opportunity to

grab land of vulnerable groups.Governments must act on suchcomplaints and restore land totsunami-affected people.

7. Government of Sri Lanka, InformationDepartment: Release Ref No. AD/Pub/01/05dated: 14-10-2005

8. See Post-tsunami Relief and Rehabilitation:A Violation of Human Rights, Housing andLand Rights Network Habitat InternationalCoalition, New Delhi 2005.

Available at http://www.hic-sarp.org/Tsunami%20Report.pdf

9. Media Centre, Regional Secretariat of AcehJaya District


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HOUSING

AFTER THE TSUNAMI, FIRE TWICEBURNED OUR SHELTERS TO THE

GROUND. WE HAD TO USE OURCLOTHES AND BEDSHEETS TO MAKETENTS. NOW THE MONSOON HAS COME,WE ARE FLOODED. SOME OF US ARESTAYING IN A LARGE HALL NEARBY.

RESIDENT, KARGIL NAGAR TEMPORARYRELOCATION SITE, INDIA


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EVERYONE HAS THE RIGHT TO ASTANDARD OF LIVING FOR THE HEALTH

AND WELLBEING OF HIMSELF AND OFHIS FAMILY, INCLUDING FOOD,CLOTHING, HOUSING AND MEDICAL CAREAND NECESSARY SOCIAL SERVICES...UNIVERSAL DECLARATION OF

HUMAN RIGHTS, 1948


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The human right to adequatehousing cannot be interpreted asmerely being the right to fourwalls and a roof. The concept ofadequacy in relation to the rightto housing is understood as

adequacy of privacy, space,security, lighting and ventilation,basic infrastructure and locationwith regard to work and basicfacilities.10

Temporary housingOne of the most appalling factsin post-tsunami rehabilitation isthat a year on from the disastera large number of people are stillliving in temporary shelters andsome even in tents. There are

also many living in damagedhouses. Living conditions in allthese forms of shelter areuniformly poor.

The septic tanks are full andoverflowing. Sanitation is verybad in the camp. There is noproper place to dispose of solid

waste. We just have to throwit out in the open. There isstagnant water all aroundthe shelter and mosquitoesbreed in it.Resident, Namunaghar relief

camp, India

In Indonesia, official sourcesconfirmed in September 2005that more than 470,000 peoplewere living as internally displacedpeople in temporary shelters orwith relatives.

In the Maldives, the number ofinternally displaced people standsat more than 11,000. Of thesesome 5,200 are living in temporary

shelters. The rest are living withtheir friends and relatives, eitherbecause temporary shelter wasnot available or because theyrefused it as they found the livingconditions unacceptable.

In island territories such as theMaldives and Indias Andaman

and Nicobar Islands, entirecommunities have been movedto new islands where they arenow living in temporary shelters.The majority of people from thedevastated Great and Little

Nicobar islands for example wererelocated to Campbell Bay, whilemany people from evacuatedislands in the Maldives are stillliving on nearby islands.

Displaced people are particularlyvulnerable because once theyare uprooted they have to copewith geographical, social, culturaand political settings they knowlittle about, and with limitedsupport structures.

Local people near the campharass us. They dont like usbeing here. We cannot let girlsgo out by themselves.Resident, Manginpudi reliefcamp, India

Families living intemporary shelters

Families living inown damagedhouses

Families living withrelatives/friends

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

CountryTotal no. of familieswith damagedhouses

Total families

TABLE 1: PRESENT HOUSING STATUS OF AFFECTED FAMILIES

SURVEYED IN 31 VILLAGES11

Figures in brackets denote percentages.


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Construction materialsn India most temporary sheltershave been built with tar sheetingwhich was claimed to befireproof, but due to the heat

trapping effect of tar mosttemporary structures wererendered uninhabitable during thesweltering summer months.Furthermore, the tar sheets donot provide adequate protectionagainst the rain.

Tin shelters constructed inNamunaghar in the Andamanslands are also extremelynappropriate given the particularclimatic conditions of the islands

blistering heat follows monthsof heavy rains. Residentscomplain that not only doshelters trap heat in the summermonths but they also leak duringthe monsoons.

We have been hit twice, firstthe tsunami took away ourhomes and now with the rainsand floods we are displacedfrom the relief camp.Resident, Kannagi Nagar

temporary shelters, India

The situation is even worse in theresettlement sites at KannagiNagar and Kargil Nagar inChennai, India. Residents ofKargil Nagar have suffered twofires, the last in June 2005 inwhich around 1,600 shelters werecompletely gutted. When not atrisk from fire, residents at both

sites have had to contend withflooding. Both resettlements arelocated in low-lying areas andbecome completely flooded afterheavy rainfall. In November and

December of 2005 they becamevirtually uninhabitable and theresidents had to be relocated to alarge hall close by.

In Sri Lanka most families,particularly in the east, wereallocated temporary housing aslate as seven to eight monthsafter the tsunami. In Galleprovince and other parts in thesouth, temporary structures areoften made from thin sheets of

wood with tin for the roofs. Onlya few have windows. Residentscomplain that the intense heatand absence of ventilation renderstructures uninhabitable. Theyalso say that the tents cannotwithstand the monsoons, andleak every time it rains.12

Similarly, in the Maldives,temporary shelters are largelymade of plywood with metalroofs. These structures do not

have windows, leak when itrains and are extremely hotduring the day.

The heat was unbearable.When the rains came we had tostay inside the shelters whichwere hot and humid.Resident, Hulhumale temporaryshelters, the Maldives

Living spaceTemporary structures in almostall cases do not have adequatespace, despite internationalhuman rights laws on individual

entitlements to space. The lackof space not only results inuncomfortable living but alsodecreases privacy for womenand girls.

In India, temporary housingconsists of one-room structures,irrespective of family size. At allsites, women and men havecomplained about the inadequatesize of the shelters, which rangefrom 2.4 x 3.0 metres to 3.6 x 4.5

metres and house between fourand seven people each.

In Sri Lanka the size of sheltersvaries from site to site, between3.0 x 3.6 metres and 4.9 x 6.1metres. Often there are a rangeof house sizes on each site, butallocation bears no correlation tothe size of the resident families.This has created dissatisfactionand rivalry among residents.13

In Indonesia, particularly in BandaAceh, tsunami-affected peoplenow live in barrack-like structuresthat are extremely overcrowdedand particularly unsuitable forfamilies with children.

Government-built shelters inIndonesia are single rooms of 4 x3 metres. Allocation of shelters isnot one per family, but a


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maximum of five people pershelter. This policy has led tomore than one family living in asingle shelter.

Temporary shelters provided by

the government in Ugoofaaru inthe Maldives are 4.9 x 7.6 metreseach. There is one bedroom (2.4x 4.9 metres), two small rooms(2.4 x 2.4 metres each), a toilet, asmall kitchen and a small hallarea. Most shelters house twofamilies (nine to twelve people intotal) but in some three familiesive together. Lack of privacy andsleeping space is a particularconcern for women andadolescent girls.

Small rooms are used asbedrooms by the adults of eachfamily, leaving the other room forthe children. Children of all agesand both sexes sleep together,making the younger ones,particularly girls, vulnerable toabuse. Parents are concerned thatthe lack of space is restrictingtheir childrens development.

Basic facilities

Adequate housing as defined inthe beginning of this chapterncludes water, sanitation,electricity and health andeducation facilities within areasonable distance of thehousing. Housing without thesebasic facilities is meaningless.

Water and sanitationThe human right to waterentitles everyone to sufficient,safe, acceptable, physicallyaccessible and affordablewater for personal and

domestic uses.UNs Committee on Economic,Social and Cultural Rights14

Water for drinking and washingis in short supply at mostresettlement sites. As womenare often responsible forcollecting water, it is they whobear the added burden of havingto walk long distances to meettheir familys water needs. Italso means that camp residents

use unsafe water, exposing themto life-threatening diseases.

In the temporary shelters ofManginpudi Beach in Krishnadistrict, Andhra Pradesh, India,lack of access to water posesa huge problem. The water tankprovided by the government isnot sufficient for the needs ofthe community and is somedistance away from theresettlement site. Women leave

their homes between 3am and4am and walk for up to an hourin search of water, often riskingtheir personal safety.

I have to get up when it is stilldark and walk a long way tocollect water so that we candrink and cook.Woman resident, Manginpudiresettlement camp, India

Sanitation facilities are poor andno bathrooms or toilet facilitieshave been provided.

In Namunaghar camp, whichhouses 170 families in the

Andaman Islands, each shelteris allocated an individual toiletand bathroom, but these arelocated one kilometre away.Because septic tanks areconstructed at ground level

without proper drainage or asolid waste managementsystem, there are frequentoverflows resulting in disease.Pools of stagnant waterprovide rampant breedinggrounds for mosquitoes.

Water collects around theshower area. Children havecaught dysentery and malariabecause of this.Woman resident, relief camp,

Namunaghar, Andaman andNicobar Islands

In the Maldives too, water fordrinking and washing is in shortsupply in camps. Sanitation andsewerage are in poor condition residents complain that drainagepipes become blocked two tothree times a week making it


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impossible to use the toiletsor tap water.

Access to the bath-cum-lavatoryin each shelter is through one ofthe bedrooms, posing difficulties

for children and other residentadults if they need to use thetoilet during the night. In themornings, children from two orthree families wait for their turnbefore going to school. There ishardly enough space for oneperson in the bathroom. In thissituation maintaining personalhygiene is almost impossible.

If any of the residents need togo to the toilet in the night,

either she has to wake up thecouple occupying the roomattached to the toilet, or gooutside. I cannot explain howembarrassing it is!Resident, Kadholhudhoo Island,living in Ugoofaaru shelter site.

In Indonesia, though mostshelters have toilets there is nowater provided. In MeunasahKeude, Panteraja, women have towalk as far as 500 metres to the

sea for bathing, washing and allother water needs.

There are no bathrooms here.We have to go to the sea towash and cleanse ourselves.Woman resident, governmentrefugee barracks, Aceh, Indonesia

HealthGovernments recognise theright of everyone to theenjoyment of the highestattainable standard of physicaland mental health.

UN International Covenant onEconomic, Social and CulturalRights, 1966

Health and housing are intrinsicallylinked poor housing often resultsin poor health. Conditions inseveral temporary shelter sites intsunami-affected areas pose aserious threat to the health ofresidents. This is exacerbated by alack of proper and affordablehealthcare facilities.

In India, women and childrencomplain of rashes and allergiesas they spend much of their timein the heat-trapping temporarystructures. The close proximity ofhousing structures hastens thespread of disease. Many childrenin temporary housing sites inTamil Nadu, for example, aresuffering from eye infections.

The water is very bad here.

We all got this rash anditching disease.Resident, relief camp, Kurueng,Indonesia

While most sites initially hadfrequent visits from doctors, thesevisits have gradually reduced.Women in Kargil Nagar in Indiapoint out that for most illnesses

the local doctor refers them to thelarger hospital, which is veryexpensive. In Manginpudi Beachin Andhra Pradesh residents haveto travel three kilometres on dirtroads. No public transport is

available, so in emergenciespeople have to hire a vehicle at acost of 200 rupees ($4.4) a hugesum for poor families.

The residents of a camp on theMaldivian island of Gan inLaamu atoll said that, whilehealthcare was supposed to befree for two months after thetsunami, administrativeprocedures for validating claimsproved too costly and time-

consuming. There are no basichealth services at the campand, as residents are living inconfined quarters with poorwaste management and water-borne diseases, health isparticularly poor.

According to residents, a visitingWorld Health Organisation andUnited Nations Population Funddelegation had informed themthat the regional health centre,

also on Gan island, had receivedenough medical supplies toprovide the camp communitywith free healthcare for a year.Not only have governmentauthorities failed to inform thecamp community of this, but thehealth centre continues to chargethe camp residents full price formedical services.


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LocationEvery human being shall havethe right to be protected againstbeing arbitrarily displaced fromhis or her home or place ofhabitual residence

Displacement shall last nolonger than required by thecircumstances.UN Commission on HumanRights, Guiding Principle onnternal Displacement, 1988

The right to adequate housingrecognises the importanceof location. Location not onlyaffects the habitability of aparticular house but also hasstrong implications for other

entitlements such as education,healthcare and the right toearn a living.

n India, there is a governmentproposal to move residents ofKargil Nagar temporaryresettlement site, all from coastalareas, to Ennore Gate, which iseven further away from the seathan their present location. Mostare extremely reluctant to go as themove will increase transport costs

and further reduce their access tothe sea, to markets and to schools.

n Kothilpadu in Kanyakumaridistrict, India, most temporaryshelters lie empty. People refuseto stay in them as they havebeen built so close to the shorethat water enters the buildingsat high tide.16

In Sri Lanka temporary structuresalong the west coast have beenbuilt on the site of original homes.However, in the east, resettlementsites are often located in low-lyingareas that are prone to flooding

and that are some distance fromthe nearest town and its services.Thiraimadu in Batticaloa forexample, where a number ofagencies have constructedshelters, is highly susceptible toflooding. Residents complain that,because the site is far from themain town and public transport isinfrequent and expensive, theiraccess to healthcare, government-subsidised food shops andschools is severely curtailed.17

In the Maldives, residents of Gancamp point out that they areunable to find work because ofthe location. They have not beenprovided land or coastal fishingrights in Gan and commutingcosts to their old islandKalhaidhoo where they used togrow crops and fish freely areprohibitively high at 600 Rufiyaa($47.7) or more.

It costs a lot to go and findwork and we have little money.If we leave the shelter for anylength of time things get stolen.Resident, Kalhaidhoo displacedpersons camp, the Maldives

In some locations, conflict hasarisen between displaced peopleand local residents. Since the

tsunami, around 690 people fromKadholhudhoo in the Maldiveshave been living in camps on thenearby island of Hulhudhufaaru.Tension has been mounting inrecent months and sometimes

violence has broken out. The newarrivals allege unfair treatmentby the hosts, includingdiscrimination by island officialsand institutions such as schoolsand the health centre. Localresidents complain of the guestsbeing abusive in their languageand aggressive in their behaviour.Both communities havegrievances against each otherand the government hascreated a security post to

control the situation.

They use vile language, andthey are very boisterous.There are conflicts betweenus and the new arrivals allthe time.Original resident, HulhudhufaaruIsland, the Maldives

When the relief wasdistributed they got more thanus. When our children go to

school here they get bullied,and when we try and get workthey wont employ us.Displaced person now living onHulhudhufaaru Island

In Indonesia, where temporaryresettlement sites have beenconstructed too far from the sea,there are direct implications for


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the livelihoods of the fishingcommunity. The 212 residents ofKuala Bubon, Samatiga, West

Aceh, of which 95 per cent arefishing families, have refused tobe relocated to the new site,

preferring instead to continueliving in tents.

In the case of the sea gypsies inThailand, around 1,000households were affected by thetsunami. The government built aresettlement site with new homesfar from the coast. For acommunity traditionally basedalong the shoreline, the relocationis a culture shock and removesthem from the sea that they rely

on for a living. Both are violationsof the right to adequate housing.

Permanent housingWe have no idea what ishappening, the governmentand the authorities tell usnothing (about their plans forbuilding permanent housing).Relief camp resident in the

Andaman and Nicobar Islands

The status of permanent housing

post-tsunami is dismal. In mostcases, tsunami survivors arecompletely in the dark regardingplans for and progress ofpermanent housing. Few havebeen consulted and none knowshow long they will have to waitbefore they can move into apermanent structure.

Thailand is an exception herethe rebuilding of houses has beenmostly achieved. However, anumber of people from vulnerablegroups, such as sea gypsies andsmall fishermen, have been left

out of the rebuilding process.Moreover, houses built by thegovernment are too small for theaverage four member family.Houses consist of just one 3 x 6metre room, with bathroomsentirely separate from the house.People were also required to fundthe costs of establishing systemsfor water supply and electricitythemselves.

In the Maldives, the government

has standardised the housingpackage across the country sodoes not see the need to consultwith individual islands orcommunities on the size, designor materials for the houses or onother basic amenities for newhomes. Displaced people, suchas those who once lived on thedevastated island ofKadholhudhoo and are awaitingto be rehoused on Dhuvaafaruisland, do not have any

information on how far housingconstruction has progressed.

Many of the problems associatedwith housing could be avoided ifthe practice adopted bygovernment and a local NGO inNellore district, Andhra Pradesh,India, was replicated. Afterconsulting residents on design

and quality, and seeking theirparticipation in monitoring buildingwork, the NGO is constructingpermanent houses on landprovided by the government.

Residents we spoke with inNellore all knew that the newhouses will have a kitchen, a halla bedroom and a bathroom andtoilet, and that each house willcost 120,000 rupees ($2,663).The new complex will also have aschool, healthcare centre,drinking water, recreation areaand facilities to dry fish. Deedswill be issued in the name of thewoman of the family.

Housing a human rightsassessmentOne year on and millions ofdollars later, there is still a longway to go before adequatehousing is achieved for tsunamisurvivors. The way in which reliefand rehabilitation is being run bygovernments is too oftenundermining peoples humanrights. From the above examplesit is clear that the right toadequate housing is being

violated in more ways than one.

In order to undo some of thesemistakes, the housing needs ofwomen, children, disabled andelderly people must be met. Indoing so, vulnerable groups mustbe consulted and their views andpreferences taken into account.


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ActionAid, PDHRE and HIC-HLRN call on governmentsand other relevant actors intsunami-affected countries to:

Clearly set a realistic target for

housing construction andcommunicate this to affectedcommunities.

Conduct immediate point-by-point reviews (based on thestandards of adequate housingoutlined in the beginning of thissection) with people living intemporary shelters and takemmediate action to rectifywrongs within three months.

Make it a priority to replaceasbestos, tin and tar roofs withenvironmentally friendly andculturally and climatically suitableconstruction material; ensure thatfunctioning toilets and bathroomswith effective waste managementare available to each of thedwellings (one per family); ensurethat there is a separate room forchildren, and that the privacy ofwomen is ensured.

Ensure that rehabilitationpolicies do not discriminateagainst those who werehomeless or living in rentedaccommodation or withfamily/friends pre-tsunami.

Make special arrangements forthe healthcare and nutrition of thenhabitants in temporary shelters,

and establish a diseasesurveillance system.

Form housing committeesat temporary shelter sitesthat include women and

representatives from vulnerablegroups. These committeesshould play a decisive rolein the management oftemporary shelters.

Involve affected people in theplanning and implementation ofpermanent housing programmesand ensure that adequate stepsare taken to encourage theparticipation of women andvulnerable groups.

Where possible use localmaterial, local labour and localexpertise in construction.

Provide remote andinaccessible areas (particularlyislands) with regular, frequent andaffordable transport to allow forthe movement of materials aswell as people.

Design and build permanent

houses with disaster-resistantqualities. They should also befriendly to disabled people, elderlypeople, children and women.

10. General Comment 4 of the Committee onEconomic, Social and Cultural Rights, UnitedNations Office for the High Commissionerfor Human Rights

11. Data covers 10 villages of India, nine ofSri Lanka, six of Indonesia and six islandsof Maldives. Quantitative data unavailable

for Thailand.

12. op.cit. HLRN-HIC


14. General Comment No. 15, The Right toWater, Article 11 and 12.





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LIVELIHOODS

I HAVE NOT WORKED SINCE THETSUNAMI. I HAVE NO SOURCE OF

INCOME. I NEED EMPLOYMENTI CAN DEPEND ON.OUT-OF-WORK RESIDENT, KALHAIDHOORELIEF CAMP, THE MALDIVES


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EVERYONE WHO WORKS HAS THERIGHT TO JUST AND FAVOURABLE

REMUNERATION ENSURING FORHIMSELF AND HIS FAMILY AN EXISTENCEWORTHY OF HUMAN DIGNITY, ANDSUPPLEMENTED, IF NECESSARY, BYOTHER MEANS OF SOCIAL PROTECTION.

UNIVERSAL DECLARATION OFHUMAN RIGHTS, 1948


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n tsunami-affected areas ofThailand, most migrant workershave been found to be receivingess than the legal minimum wageor are compelled to work morethan the stipulated 48-hour week.

Many migrant workers are beingcheated out of their wages withthe money disappearingbetween the employer and themiddleman. Asking employers orcontractors for wages oftenmeans risking their jobs. Lackof information on their rights,the law and how to accessthe legal system is resultingn further exploitation ofmigrant workers.

Compensation: inadequateand unevenThe State parties to thepresent Covenant recognizethe right to everyone tosocial security, includingsocial insurance.nternational Covenant onEconomic, Social and CulturalRights, 1966

Faced with large-scale loss of

ivelihoods after the tsunami,governments in affectedcountries announcedcompensation packages formmediate relief and restoringivelihoods. Compensationpackages include provision ofnew fishing boats and repair ofdamaged ones, new fishing nets,compensation for the loss of

crops, and cash compensationfor the immediate maintenanceof livelihoods.

In all five countries studied, themajority of compensation has

gone to the fishing sector.Although fishing was the mostseverely affected sector,agriculture, small businesses andthe informal sector were badlyaffected too. These sectors havebeen largely ignored, both inimmediate relief and in longer-term recovery.

In most of the countries,particularly in India and Sri Lanka,the number of catamarans lost or

damaged was many times higherthan that the number of vallamsor big boats. However, thecompensation going to theowners of big boats has beenmuch higher than that going tothe owners of small woodenboats. Furthermore, a largenumber of poor fishing familieswho do not own boats themselvesbut earn money by working onother peoples boats are yet toreceive meaningful compensation.

In Manginpudi Beach in AndhraPradesh many families lost theirboats and almost all lost theirnets. For at least one monthpeople were unable to earn aliving. The compensation receivedduring the initial period was barelysufficient to meet basic needs.The government provided just 750

rupees ($16.6) and 25 kilogramsof rice per family.

In the surveyed villages ofIndonesia, fishing families havenot received enough boats. Some

are sharing boats, resulting in asmaller share of the catch, whileothers have no access to boatsat all and are left unemployed. Nolivelihood-related compensationhas been received in any of thevillages surveyed.

In Galle district in Sri Lanka, it hasbeen reported that some familiesreceived more than one boat ascompensation while some poorerfamilies received none. As a

result, the fish catch for somepeople has increased since thetsunami, while others are stillunable to return to the sea. In SriLanka, there is also a significantdiscrepancy between the southernand north-eastern provinces.More boats have been supplied inthe south while the number ofboats lost was far greater in thenorth-eastern provinces.

In Little Andaman, families living

in temporary shelters at PadhakTikri complain that they still lackthe basic equipment to return tofishing. Most have not receivednew equipment for fishing or stillhave severely damaged boats.In Thailand, because they arenot regarded as Thai citizens,sea gypsies have receivedno compensation, either for


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the replacement or the repairof equipment.

While it is evident from officialneeds assessment reports18 thata large number of livelihoods were

ost outside the fishing sector,governments have, at best,made vague announcementson compensation packagesfor farmers, horticulturists,small business owners andcasual labourers.

Farmers living in Namunaghartemporary shelter in theAndaman Islands point out thatthey have not only lost crops buttheir fields are still submerged

under seawater. The governmenthas promised to drain the water,but land is still unusable andneither alternative employmentnor financial support to set upsmall businesses has beenprovided. Though a cash-for-work programme was started bythe public works department, this

was located 20 kilometres fromthe shelter site. Wages couldbarely cover commuting and foodexpenses. People feel they havebeen abandoned and aresurviving at the mercy of the

local administration.

I feel as though Ive been leftin no mans land; theauthorities have eitherforgotten us or dont care.Resident, Namunagharrelief camp, India

Livelihoods restorationIn all the countries studied, therestoration of livelihoods is still along way off, with most people

either unemployed,underemployed, or looking foralternative sources of income.Nowhere did people believethat their livelihoods had beenfully restored.

In the fishing and manual laboursectors, just over one third of

villagers questioned felt that theirlivelihoods had improved on pre-tsunami times. Manual labourershave found employment inreconstruction work, for example.However, even in the fishing and

labour sectors, nearly two thirdsof villagers feel that theirlivelihoods have been restoredonly partially or not at all.

In Indonesia, people living intemporary shelters are unable towork because the shelters are sofar from places they can findemployment.

There is nothing we can dohere. After waking up, we go to

the coffee shop. At midday, wesleep again. In the afternoon,we go again to the coffee shopand sit there till midnight. Everyday we do the same thing. Howis it possible not to be stressedif we live in this manner?

Ahmad, Teureubeh temporaryshelters, Indonesia

VILLAGERS PERCEPTION OF EXTENT OF THEIR

LIVELIHOOD RESTORATION (PERCENTAGE DISTRIBUTION)19

Agriculture

Small-scale fishing

Small-scale business

Manual labour

16.7% 83.3%

37.5% 50% 12.5%

66.7% 33.3%

33.3% 50% 16.7%

Fully

Mostly

Partially

Not at all


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One of the biggest complaints inHulhumale resettlement camp inthe Maldives is that, since peopleare unaware of how long they willbe there, they are unable to takeon long contracts for labour.

Womens work has also sufferedbecause of the loss of homesand with them home-based worksuch as tailoring or preparingfood for sale.

Our field research shows thatgovernment response to themassive loss of livelihoods is farfrom satisfactory. Employmentinitiatives by government haveonly begun in a third of villagessurveyed; none have begun in

Indonesia and India.

Where employment generationhas begun, workers are oftenbrought in from outside the area,rather than using local peoplewho need the work and havea vested interest in the quickreconstruction of theirenvironment. For example,in Namunaghar in the Andamans,labourers were brought 1,000kilometres from Kolkata by

the contractor.

Livelihoods a human rightsassessmentThe goal of rebuilding livelihoodsbased on human dignity andequality is still a long way off. Atbest government interventionshave been lop-sided, at worstthey are negligent and

discriminatory. There is a need torecognise that the absence ofincome often drives people todesperation. This increasesvulnerability to furtherexploitation such as trafficking,

bonded labour and child labour.

Little attention has been paid tobuilding womens livelihoods.

As women are often the onesleading the recovery in familiesand communities this isparticularly short-sighted. Butperhaps the greatest omission ingovernment livelihoodprogrammes is that manygovernments have missed theopportunity to undo some of the

existing discrepancies andinequalities in society.

ActionAid, PDHRE and HIC-HLRN call on governments intsunami-affected countries to:

Enumerate all those who havenot received compensation orhave received only partialcompensation; provide specialassistance to women andvulnerable communities to make

their claims; review procedures tohelp women and vulnerablegroups access their claimsand introduce a floor rate ofcompensation to the affectedto avoid the exclusion ofthe poorest and thosewithout assets.

Provide compensation that isadequate, based on a humanrights approach and with specialmeasures to bring a positiveimprovement in the lives of womenand vulnerable communities and

to reduce future risks.

Provide appropriate boatsand fishing gear to fishingcommunities as quicklyas possible.

Protect small-scale andcommunity-based fishing fromencroachment by big trawlers.Furthermore, fishing with trawlersshould be banned or accessshould be restricted since over-

fishing can destroy marine life.

Provide adequatecompensation and assistance torestore livelihoods of non-fishingcommunities such as farmers,casual labourers, small businessowners and those engaged inrelated activities such as fishprocessing and vending.

Strengthen social protectionmeasures for tsunami-affected

communities. Measures shouldinclude employment guarantees,social security schemes, healthinsurance and social securitypensions for widows, orphansand disabled, mentally ill andelderly people, as well as peoplesuffering from long-term illnessand those unable to work.


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Provide fair wages in all publicworks undertaken for relief andrehabilitation, and adhere tonternational standards forworking conditions and wages.

18 Needs assessments were carried out byinternational financial institutions inconjunction with the UN System in thetsunami-affected countries immediatelyafter the disaster

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


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WOMEN

WOMEN ARE NOT ALLOWED TO BE ONTHE PLANNING OR VILLAGE COMMITTEE

TO DISCUSS NEW HOUSING.DISPLACED WOMAN, PUTHUR, INDIA


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GOVERNMENTS WILL ENSURE THEEQUAL RIGHTS OF MEN AND WOMEN

TO THE ENJOYMENT OF ALL ECONOMIC,SOCIAL AND CULTURAL RIGHTS.INTERNATIONAL COVENANT ONECONOMIC, SOCIAL ANDCULTURAL RIGHTS, 1966


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Women the world over tend tohave more responsibility forlooking after children, providingfood and running a home thanmen. In a post-disaster situation,when support systems

including physical infrastructure break down, women bear theadditional burden. Indeed, theyare often the ones leading therecovery process in their familiesand communities.

In responding to the tsunami,governments have, once again,largely neglected the particularneeds of women. Women havenot been included in decision-making regarding damage

assessment, allocation of plots,land surveys or design of sheltersand permanent houses.Orphaned girls, single women,women heading their householdsand women who are elderly,disabled or part of minority andvulnerable communities remainthe most neglected.

Relief distributionImmediately after the tsunami,aid was often distributed in

places and ways that were moreaccessible to men. It was astruggle for women to berecognised as heads ofhouseholds and receive theirdues. Only in a very few caseswas special attention given to theneeds of single women, includingwidows. In all countries,compensation was almost always

handed out to male members ofthe family who did not necessarilyshare it with the women.

I have not been able to getcompensation from the

authorities for the death of myhusband. They will not pay mebecause I do not have a deathcertificate because his bodywas never found.Kamamma, resident of Machideravillage, India

In Sri Lanka, women who ownedland in their own names prior tothe tsunami, particularly Muslimwomen who had receivedproperty as part of their dowry,

have raised concerns that theyare not considered eligible forcompensation. Even in caseswhere the original house orland was in the womans name,the government depositscompensation payments in thename of the man. Banks in thenortheast of Sri Lanka reportedlyasked women to sign a letterrelinquishing their rights tothe house and land to theirhusbands in order to facilitate

compensation payments.

In Thailand, women who lost theirpartners have not receivedcompensation if they cannotproduce a marriage certificate,even if they had been livingtogether for many years and havechildren together. Compensationhas also only been given to

women who were able to provethat the men who died were thefathers of their children byproducing birth certificates fortheir children. Government failureto recognise such women as

widows has increased theirvulnerability to poverty, hungerand destitution, among otherhuman rights violations.

Inadequate housingAlthough the effects of bad livingconditions are felt most severelyby women and girls, very littleattention has been paid toensuring that their needs are metMost of the countries reviewedhave one-room temporary

shelters that do not providewomen with the necessary spaceor privacy to change theirclothes. The flimsy and oftenbroken partitions between twostructures further encroach onwomens privacy. In some cases,the location of tents nearsidewalks also exposes womento public scrutiny.

It is very difficult to usebathrooms at the camp. They

have gaps in the doors andpeople can see me bathe. Itmakes me very uncomfortable.Young girl, temporary shelter, HutBay, Little Andaman, India

In Tamil Nadu, India, wheretemporary structures areconstructed with tar sheeting,women are left with the difficult


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choice of sleeping outside alongwith other members of thecommunity and puttingthemselves at risk of abuse, orrisking heat-related healthproblems by sleeping inside the

suffocating shelters.

The heat is unbearable.When the sun is out you cannotstay in the shelter for morethan five minutes. You cannotbreathe. It feels like you areboiling to death.Woman resident, Kannagi Nagarshelter, India

Water and sanitationn most tsunami-affected families

the burden of providing water stillfalls on the women. Scarce waterresources in settlements like theone on Manginpudi Beach inAndhra Pradesh force women toeave their homes as early as4am in search of water each day.

The absence of proper sanitationfacilities is a serious cause forconcern. Not only are peoplesrights to adequate housing violatedbut also their right to health. And

there are grave implications forwomens mobility and security.One of the most commoncomplaints across all countrieswas the inadequacy of toilets.

n Indonesia, the WCs orbathrooms are not connected toa water supply. To have theirbaths, women living in the tents

in Meunasah Keude, Indonesia,have to go to the sea, which they

jokingly refer to as their flyingWC. Bathing in the sea exposesthem to harassment and abuse.

In both Sri Lanka and India,women complain that toilets builtclose to temporary shelters lackwater or that they have to walklong distances to use toiletfacilities. The absence of properstreet lighting in mostresettlement camps makes itunsafe for women walking to thetoilets. In the Namunagharresettlement site in the AndamanIslands, women and girlscomplain that they are unable to

use the toilets because they arelocated a kilometre from the siteand often have broken walls ordoors that do not close properly.

It is disgusting and dirty.You have to walk for almosta kilometre to use the toilets.

At night time I am scared touse them.Woman resident, Shoal Bayrelief camp, India

Similarly, in the Kalhaidhoo campin the Maldives, women say thatthe design and location of toiletsdoes not give them privacy andmakes them feel unsafe.

Overcoming traumaCoping with loss, overcomingtrauma and rebuilding lives isclose to impossible without

proper psycho-social care. Forwomen, the usual channels ofsupport their kin group and/ortheir neighbours were totallydisrupted by the tsunami.

In many of the places visited,psycho-social support is severelylacking. Women are left to theirown devices in coming to termswith the difficult, changedcircumstances. In India as well asin Thailand, women traumatisedby the loss of their children areunable to eat or sleep, whileothers say they continue to hearthe tsunami waves.

Reproductive rights

The notion of a womans body asa site of her spouses and hisfamilys reproductive demands isan old one. In India, in familieswho lost children in the tsunami,women are under great pressureto replace dead offspring. Thefact that many women hadpreviously been convinced to gothrough sterilisation operationsmakes the situation all the moretragic. Scores of women flockedto health centres in search of the

miracle a reversal oftubectomy, known in medicalterminology as recanalisation.

My husband threatened me thathe would remarry if I was notable to conceive. It made mefeel like a piece of used goods.Woman resident, reliefcamp, India


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n Indonesia, womenapproaching menopause areunder considerable socialpressure to conceive after losingtheir children in the tsunami.Nuraini, 37, is traumatised after

osing both her children. On topof her fear that another tsunamimay come, she is deeply worriedthat, at her age, she will not beable to conceive again.

I am still very depressedand frightened. I feel verylonely after losing my twochildren. I would like to tryand have children again and Iknow my husband would too.Theres pressure now because

Im not so young.Nuraini, resident Lam Hasan reliefcamp, Indonesia

Relief camps all over Asia reportan almost complete lack ofhealthcare services for expectantwomen and mothers with newbornbabies. Government reliefmeasures have also completelygnored the needs of menstruatingwomen and girls. In Tamil Nadu inndia most families received only

dhotis and saris (outer clothing),but no undergarments or sanitarynapkins for women.

Underage marriagesAll over Asia and mostpredominately in India and SriLanka, many more women thanmen were killed in the tsunami. Inndia, this gave rise to a disturbing

trend of underage marriages ofgirls. Right after the tsunami,many of these marriages wereviewed by surviving parents as away for their daughters to escapethe increased poverty they faced.

Where a dowry was notdemanded, it was viewed as anadded incentive. In many cases,young girls were made tomarry older men.20

I was left alone after thetsunami and so I got married.I know Im young but I didnthave anyone to rely on.Teenage bride, Lam Hasan,Indonesia

In the immediate aftermath of thetsunami in the eastern provincesof Sri Lanka, underage marriageswere reported. Locals complainedthat the close proximity of houseslead to increased interactionamong the sexes and premaritalpregnancies, and contributed tounderage marriages. In somecases, men who lost their wivesmarried their wives youngerunmarried sisters. Parents lackingsufficient money or food also

married off young daughters as away to decrease their burden. Inother cases, young girls wereforced into marriage in order to beregistered as a separatehousehold to receive greaterrelief benefits.21

Increased pressure on girls tomarry early and a rising trend of

underage marriage has also beenevident in Banda Aceh, Indonesia.NGOs working in Beureuganghave also reported cases ofbigamy, where husbands haveacquired more than one wife in

the aftermath of the disaster.

ViolenceViolence against women wasmanifest soon after the tsunamistruck and included shockingreports of women being pulledout of the water and then raped.

Vulnerability to sexual violenceincreases manifold under campconditions where toilet facilitiesand living quarters are forced out

into the public domain. Hermainifrom Nyak Makam in Banda Acehin Indonesia reported that, whileliving in a tent on the sidewalk,she is openly solicited forsexual intercourse when herhusband is away.

They put me in a temporaryshelter by the highway. Menwould come into the tent andask for sex.Hermaini, Nyak Makam

shelter, Indonesia

Women from Mundoo island nowliving in a camp at Gan island inthe Maldives have reportedfeeling unsafe and say that thelack of privacy results inharassment and intimidation.Camp residents have reportedseveral cases of sexual


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harassment and rape.In Thailand, women immigrantlabourers have reported theincreased risk of being drawninto human trafficking and saythat they regularly face sexual

violence, including rape byemployment agents.

Women report that difficultcamp conditions, trauma andunemployment are contributing toincreased alcoholism among men.This often results in increasedviolence in the home. InBeureugang in West Aceh, womenliving in government temporarysettlements have explained thathusbands who are not working

are more likely to inflictpsychological and physical abuse.

Its very difficult now. Men arehigh on drugs. They havenothing to do. They come homeand they beat us till we bleed.Woman resident, Gan camp,The Maldives

In Sri Lanka, women have pointedout that the lack of privacy and theclose proximity of shelters and

other men have made them highlysusceptible to suspicion from theirspouses, sometimes resulting indomestic violence. In the easternprovince of Batticaloa, a womanwas reportedly burnt to deathby her husband.

LivelihoodsWomens concerns have onceagain largely been ignored inschemes to restore livelihoods. Inspite of their obvious contributionto both fishing and agriculture,

women are rarely recognised asfisherfolk or farmers; andtherefore when schemes oflivelihood restoration are takenup, they rarely involve women.

While fishermen in India carry outthe visibly strenuous anddangerous task of deep-seafishing, once the fish is offloaded,women take over completely. Littlehas been done to compensatewomen in the fishing community

who perform important tasks suchas cleaning, drying and selling thefish catch. Women from fishingcommunities who were widowedby the tsunami and therefore lostaccess to the catch that theirhusbands would have normallybrought in, have not beenconsidered in governmentlivelihood programmes.

In Thailand, unlike in the othertsunami-hit countries, a signifcant

number of those affected weremigrants or refugees fromsurrounding countries. Womenfrom Burma are employed on thefringes of the economy, often ascasual and domestic labour. Asnon-citizens, they receive lowerwages than Thai people workingin the same jobs. The Thaiauthorities are reluctant to issue

work permits to migrant workers.Without work permits, they arenot entitled to compensation.

Gender a human rightsassessment

It is clear from our research thatrehabilitation has been largelyinsensitive to women. Specialmeasures to protect women fromexploitation and gender-basedviolence have been mostly non-existent. In fact, the manner inwhich temporary housing hasbeen planned and organisedexposes women to domestic andsexual violence. Issues such asreproductive rights of womenhave also been largely ignored.

Little regard has been shown towomens and adolescent girlsright to privacy and security.

Womens rights to equalparticipation in the decision-making processes have alsobeen ignored. Womens rights toown property have been largelyundermined. Programmesundertaken to restore livelihoodsby governments largely ignoredwomens roles in income

generation; most of thebeneficiaries of these programmeshave been men. All these haveinevitably meant a violation ofwomens human rights.


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ActionAid, PDHRE and HIC-HLRN call on governmentsand other relevant actors intsunami-affected countries to:

Involve women in decision-

making about damageassessment, allocation of plots,and surveys, designs of sheltersand permanent houses.

Collect disaggregated data onwomen-headed households,single women and widowedwomen, and provide such womenwith compensation if they havepreviously not been included incompensation programmes.

Provide joint ownership ofand, homes and other assets aspart of the rehabilitation package.n cases where the woman is thehead of the household, the titleshould be in her name alone.

Review housing andrehabilitation policies in order toensure that the privacy of womens respected and that they feelsecure in temporary shelters.Arrange toilets and bathrooms to

be attached to bedrooms andntroduce proper lighting of thestreets and houses as a priority.

Ensure better law and ordern and around the temporaryshelters so as to prevent andaddress violence against women.Both law and order andsocio-economic improvements

are also required to preventtrafficking of girls and underageor forced marriages.

Ensure that there is nodiscrimination against women in

relief and rehabilitation on thebasis of their caste, class,citizenship, ethnicity, ability or age.

Provide special protection toorphaned boys and girls, andprovide them with adequate careand compensation in order tosecure their future.




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DISCRIMINATION

WE RECEIVED NOTHING, NO LIVINGALLOWANCE, BECAUSE THEY (THE

GOVERNMENT) BELIEVED WE WEREPART OF THE SEPARATIST MOVEMENT.RESIDENT, LAMBARO NEUJID, INDONESIA


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EVERYONE IS ENTITLED TO ALLTHE RIGHTS AND FREEDOMS SET

OUT IN THIS DECLARATION WITHOUTDISTINCTION OF ANY KIND BE THATRACE, COLOUR, SEX, LANGUAGE,RELIGION, POLITICAL OR OTHEROPINION, NATIONAL OR SOCIAL ORIGIN,

PROPERTY, BIRTH OR OTHER STATUS.UNIVERSAL DECLARATION OFHUMAN RIGHTS, 1948


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Existing discrimination on thebasis of nationality, caste,gender, age and ethnicity areoften magnified in a post-disastersituation. The tsunami is noexception. Discrimination is

evident in all countries and hasbeen a major factor in impedingpeoples access to relief andrehabilitation post-tsunami.

For dalits (members of the lowestcaste) in India, discrimination thatexisted before the tsunamiincreased afterwards when theywere even more vulnerable.Fifteen families belonging toParaiyar community in Vel Nagar,Tamil Nadu, were left completely

devastated by the tsunamiwaves, their homes destroyedand cattle and poultry killed.Formerly agricultural labourersworking for paltry wages in fieldsowned by the local fishingpeople, they were left with nomeans of income. The 15 familiestogether own just three acres ofland. When they approached thevillage authorities for help, theywere driven away.

We were left without any help.All agencies have ignored us intheir relief distribution justbecause we are dalits.Dalit woman, Vel Nagar, India

When the local assembly membervisited the area, he avoided goingto see the dalits although he spenttime visiting other affected villages

nearby. When he returned to thearea to oversee the distribution ofrelief aid, again the dalits wereignored. As a last resort, dalitstook matters into their own handsand laid a roadblock to get

recognition of their plight. Somemembers of the village eventuallyreceived a bare minimum of relief(rice and flour) but the localfishing community was nothappy that the government wasgiving relief to dalit families.The case clearly illustrates whygovernments must be proactive intackling discrimination.

I was employed as ascavenger by the local

authority. When the tsunami hit,they told us to go and pick upthe dead bodies on the shore,but they wouldnt give usprotective gloves or masks.Mr Kumar, dalit,Coimbatore, India

The local fishing community wasthe first to get temporary shelter,while dalits had to wait. Theydesperately need permanenthouses and support to restart or

find new work and to replacetheir cattle and poultry.

We need homes, we needfunds to buy new livestock, weneed money to buy essentialfood, but no one cares about us.Why? Because we are dalits.Malini, dalit woman, Paraiyarcommunity, India

A fact-finding mission22 on thesituation of human rights in SriLanka found that conflict-affectedeastern districts received the leastattention from the government.Complaints of discrimination from

survivors are widespread.

Communities in Sri Lanka arelargely settled along ethnic lines,and encroachment by othercommunities has led to disquietamongst tsunami survivors. Itmust be remembered that inareas marked by decades ofethnic violence, post-disasternegotiations are highly sensitive.

In the Andamans there is

evidence that compensationhas been hijacked by localpolitical groups. Residentscomplain that people havereceived compensation on thebasis of party political affiliationrather than need.

Discrimination by the state hasseverely affected the rights of theThai Mokens or sea gypsies.

After the tsunami, members ofthe Moken community along with

other Thai survivors took refugein temples and other safe places.However, when help arrived, theMokens were treated differently.In a temple in Phang Nga, whileeveryone else received largerelief packages, Moken familieswere given a box of milk orcanned sardines.


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Mokens were also denied help bythe government as many are notThai citizens. As a result, theyhave been relying solely onNGOs and private groups whohave helped them with rice,

water, dry food and othergroceries.

Had we waited for thegovernment to help us with foodor water we would have died.Sea gypsy from Thung wa,Thailand

Some religious foundations inThailand have made it aprecondition of help that Mokensmust change their religion and

participate in the religiousactivities of the foundation. Inother places, religiousfoundations will only help thosewho paste a sticker displaying areligious symbol in front of theirtent or house.

While seemingly isolated, thesecases of discrimination reflect adisturbingly familiar pattern.Voiceless communities with lowncomes and little or no

education are bearing the bruntof post-disaster deprivation.

Discrimination a humanrights assessmentJust as disasters have a severempact on women and girls, othervulnerable groups are also hitparticularly hard. Thesecommunities are often the most

marginalised in society dalits inIndia, people displaced by civilwar in Sri Lanka, migrant workersin Thailand and casual labourersin Indonesia. Relief andrehabilitation based on

discriminatory handouts ratherthan a human rights approachmagnifies differences andheightens vulnerabilities. Be itemergency relief or restoration ofhousing and livelihoods,governments have done little toalleviate existing inequalities andhave given little succour tovulnerable groups.

ActionAid, PDHRE and HIC-HLRN call on governments in

tsunami-affected countries to:

End discrimination on thegrounds of race, ethnicity, caste,gender, citizenship or legal statusof settlement with regard toaccess to compensation, reliefand rehabilitation. The fact thataffected persons were present inthe territory of a particularcountry should entitle them to fullrelief and assistance without anyfear and prejudice, irrespective of

their nationality.

Review existing procedures,policies and programmes whichcreate the basis for discriminationagainst vulnerable groups andexacerbate existing inequalities.

Ensure that relief andrehabilitation are provided

regardless of political, social andreligious background, andorganise assistance in a way thathelps minimise existing political,ethnic and social tensions.

Include vulnerable groups indecision-making forums with aview to reversing existingprejudices against certainsections of society.

Insist on transparency, theestablishment of independentfeedback mechanisms andimpartial systems for redressinggrievances that are accessible toall, including the most vulnerablesections of society.

22. A fact-finding mission undertaken by TheHuman Rights Commission, Sri Lanka, in

April 2005. The report is entitled The HumanRights Situation in the Eastern Province.


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1. All relief and rehabilitationmust be informed by a humanrights framework

n line with the internationalhuman rights law, governments

should set human rightsstandards for all relief andrehabilitation programmesregardless of the implementingagency. States must strictlycomply with international humanrights standards. Governmentsmust also put in placemechanisms for monitoringhuman rights compliance of post-tsunami relief and rehabilitationby all actors. All relief andrehabilitation plans must uphold

the human rights of affectedpopulations, in particular therights to life, livelihood, health,food, information andparticipation, dignity, equality,freedom of asso

action aid tsunami human rights report

Documents