VICTIMS ASSISTANCE & VICTIM ADVOCACY FOR VICTIMS

1. VICTIMS ASSISTANCE & VICTIM ADVOCACY FOR VICTIMS Heru Susetyo, SH. LL.M. M.Si. Ph.D Fakultas Hukum Universitas Indonesia

2. Three definitions of Victim • The crime victim • The universal concept of victims (Mendelsohn) • The victim of violations of human rights including crime (Kirchhoff & Morosawa, 2009)

3. Victims are Socially Constructed • Victims are socially constructed, it is not sufficient that persons claim the status of victims without sufficient social acknowledgement (social construction of reality). (Barkhuizen 2007, in Kirchhoff and Morosawa, 2009)

4. Ezzat Fattah on Victimology (1) (Ezzat Fattah, 2002) Victimology, the study of crime victims, their characteristics, their relationship to, and their interactions with, their victimizers, their role and their actual contribution to the genesis of crime, offers a great promise for transforming etiological criminology from a static, one-sided study of the traits and attributes of the offender into a dynamic, situational approach that views criminal behaviour not as a unilateral action but as the outcome of dynamic processes of interaction. FACULTY OF LAW UNIVERSITY OF INDONESIA

5. Ezzat Fattah on Victimology (2) The study of the victims is and will always remain an integral part of criminology. Any attempt to separate victimology from criminology, or to treat it as an independent or autonomous discipline is bound to fail. FACULTY OF LAW UNIVERSITY OF INDONESIA

6. VICTIMOLOGY AND VICTIMIZATION(Shichor and Tibbets, 2002) Victimology focused on individual victims of violent crimes committed by individual perpetrators. Gradually, victimological studies expanded to organizations and corporations as victim and victimizers. Victimology is in the process of delineating its focus of study, defining its key concepts, theoretical approaches, refining its data-collection methods, and generally trying to establish itself as a legitimate and independent discipline. FACULTY OF LAW UNIVERSITY OF INDONESIA

7. VICTIMOLOGY AND VICTIMIZATION (1) Victimology : the scientific study of the victim of human rights violation (including crime), of victimizations and of reactions to both of those. Victimology deals with victims, with victims of human rights violation (including crime) Victimology deals with empirically accessible social realities. (Kirchhoff, 2005). FACULTY OF LAW UNIVERSITY OF INDONESIA

8. VICTIMOLOGY & VICTIMIZATION (2) Victimology is interested in the process of becoming a victim (which social, group, institutional and individual conditions lead to these processes?) > victimization. Victimology looks at reactions, reactions to victims and reactions to victimization. (Kirchhoff, 2005). FACULTY OF LAW UNIVERSITY OF INDONESIA

9. Mendelsohn & General Victimology Beniamin Mendelsohn continued to develop his ideas about victims for crime until he arrived at the theory of general victimology. Its purpose was to help `victims of all kinds` -including victims of beyond human control (Hoffman, 1992 : 90). Mendelsohn developed the concept of victimity : “whole of the socio-bio-psychological characteristics, common to all victims in general, which society wishes to prevent and fight, no matter what their determinants are (criminal or others). FACULTY OF LAW UNIVERSITY OF INDONESIA

10. VICTIM SERVICES • Victim services are those activities which are applied in response to victimizations with the intention of relieving suffering and facilitating recovery. • This includes providing information, making assesments, conducting individual interventions, engaging in social advocacy, proposing public policy and working in program development. (Dussich, 2010)

11. VICTIM SERVICES

12. What is advocacy? • Advocacy is speaking, acting and writing with minimal conflict of interest on behalf of the sincerely perceived interests of a disadvantaged person or group to promote, protect and defend their welfare and justice. www.qppd.org FACULTY OF LAW UNIVERSITY OF INDONESIA

13. Advocacy is pursuit of influencing outcomes - including public policy and resource allocation decisions within political, economic, and social systems and institutions - that directly affect people's lives. • www.qppd.org FACULTY OF LAW UNIVERSITY OF INDONESIA

14. Advocacy has purposeful results: • to enable social justice advocates to gain access and voice in the decision making of relevant institutions; • to change the power relationships between these institutions and the people affected by their decisions, thereby changing the institutions themselves; and • to bring a clear improvement in people's lives www.qppd.org FACULTY OF LAW UNIVERSITY OF INDONESIA

15. Advocacy consists of organized efforts and actions based on the reality of "what is." These organized actions seek to highlight critical issues that have been ignored and submerged, to influence public attitudes, and to enact and implement laws and public policies so that visions of "what should be" in a just, decent society become a reality. • www.qppd.org FACULTY OF LAW UNIVERSITY OF INDONESIA

16. What is advocacy (3) Advocacy efforts may include : • Proposing public policy or questioning the prevailing public policies. • Lobbying for rights and services • Public demonstrations • Public and professional education through written information and programs. FACULTY OF LAW UNIVERSITY OF INDONESIA

17. TYPES OF ADVOCACY • Two main forms of advocacy : • Individual advocacy • System Advocacy FACULTY OF LAW UNIVERSITY OF INDONESIA

18. Individual Advocacy • Focuses on changing the situation of one person – to protect his or her rights or to improve individual services. • Two common forms : • Informal advocacy; is undertaken by individuals, their parents, brothers and sisters, relatives, friends. • Voluntary or not to profit community based organizations that pay staff to advocate for individuals . (www.mndaust.asn.au) FACULTY OF LAW UNIVERSITY OF INDONESIA

19. SYSTEM ADVOCACY • Works to change the situation of a whole group of people who share a similar problem, or to change a service system. System advocacy can benefit many people. It also strives to prevent problem. • System advocacy encourages changes to the law, government and service provider policies and community attitudes. FACULTY OF LAW UNIVERSITY OF INDONESIA

20. SYSTEM ADVOCACY (2) • Seeks to influence change in the broader political and social arenas because without change at this level, positive change for individuals is more difficult to achieve. • Speak out for new legislation, policies and practices. • Highlighting where policy is in place but not being implemented. • Involving in coalitions www.family-advocacy.com FACULTY OF LAW UNIVERSITY OF INDONESIA

21. Terminologi yang lain… • System advocacy • Structural advocacy • Structural legal aid (Indonesian) • Social advocacy? FACULTY OF LAW UNIVERSITY OF INDONESIA

22. INDONESIAN LAW ON SOCIAL WELFARE NO. 11/ 2009

23. SOCIAL PROTECTION IN LAW NO. 11/ 2009

24. Pasal 16 (1)Advokasi sosial dimaksudkan untuk melindungi dan membela seseorang, keluarga, kelompok, dan/ atau masyarakat yang dilanggar haknya. (2) Advokasi sosial sebagaimana dimaksud pada ayat (1) diberikan dalam bentuk penyadaran hak dan kewajiban, pembelaan, dan pemenuhan hak.

25. SOCIAL ADVOCACY (art. 16 Indonesian Law No. 11/ 2009)

26. Lesson Learned : Disaster Victimization (KorbanBencanaAlam) & System Advocacy > Indonesia, Thailand, Japan

27. System Advocacy for Indonesian Disaster Victims • Triggered by Aceh/ Indian ocean earthquake –tsunami 2004 • NGOs/ NPOs played active and significant role in conducting system advocacy for disaster victims. FACULTY OF LAW UNIVERSITY OF INDONESIA

28. The Role of NGO > MPBI • MasyarakatPenanggulanganBencana Indonesia/ Indonesian Society for Disaster Countermeasures have conducted such measures as follows : • Initiating the draft of Indonesian Disaster Management Act, including Presidential Decree and bylaws both in national and local level. • Creating a framework of Community-based disaster risk reduction management FACULTY OF LAW UNIVERSITY OF INDONESIA

29. 3. Campaigning, promoting and disseminating humanitarian standard (SPHERE Project) for volunteers. • Conducting research, discussion, and seminar on disaster countermeasures issues. FACULTY OF LAW UNIVERSITY OF INDONESIA

30. Proposing Indonesian Disaster Management Act • Indonesia does not have Disaster Management Act until the enactment of Law No. 24 year 2007 on Disaster Management/ Countermeasures • Previously, the laws concerning disaster management are only presidential decree No. 3 year 2001 on Coordinating Board of Disaster Management.

31. Major Issues on Disaster Management LACK OF MANAGEMENT CAPACITY ON DISASTER RESPONSE Delay in the management of emergency response Lack of coordination in planning and programming for post-disaster recovery Institutional framework is more focus on emergency response, rather than post-disaster recovery Funding more emphasizes on emergency response LACK OF UNDERSTANDING IN DISASTER RISK REDUCTION Lack of understanding in the preparation of disaster preparedness and risk reduction Lack of institutional performance in the management of risk reduction Lack of planning and programming for risk reduction Lack of incorporating risk disaster mitigation into spatial plans (Hadi, 2007) 31

32. New Paradigm on Disaster Management(Hadi, 2007) Recognizing the right for dignified life and livelihood and that the government responsible to ensure the protection from disaster, which is essence is avoidable, with no risks creation in recovery process Reducing disaster risk factors from unsustainable development practices that are worsened by the impact of climate changes Being accountable to the risk community and/or disaster-affected community and sensitivity to gender, participatory, equity and justice perspectives Reactive Proactive Emergency Response Risk Reduction Centralize Local Autonomy Government Participatory MAJOR ISSUES GUIDELINES, COORDINATION, LOCAL CAPACITY, FUNDING FRAMEWORK, LONGER-TERM RECOVERY MAJOR ISSUES COMMON PERCEPTION, INSTITUTIONAL CAPACITY, FUNDING SOURCE, COMMUNITY PREPAREDNESS 32

33. Changes Previous Future • Paradigm • Approach • Institution • Governance • Paradigm • Approach • Institution • Governance DM Law No. 24/2007 Triggered by Aceh Tsunami

34. CONTOH-CONTOH ADVOKASI

35. Victim Services (1) : Legal Representation by Thai Action Committee for Democracy in Burma in the aftermath of Phuket Phang Nga- Thailand Tsunami December 2004 http://www.tacdb-burmese.org/web/index.php?option=com_content&view=section&layout=blog&id=28&Itemid=70 FACULTY OF LAW UNIVERSITY OF INDONESIA

36. Victim Services (2) : Advocating Burmese Unregistered Migrant Workers who were victimized by tsunami FACULTY OF LAW UNIVERSITY OF INDONESIA

37. Disaster Victims : Sea Gypsy (Moken) FACULTY OF LAW UNIVERSITY OF INDONESIA

38. ADVOKASI KORBAN KONFLIK THAILAND SELATAN – PATTANI NGO Cross Cultural Foundation bekerja untuk pendampingan korban kekerasan di Thailand Selatan dalam bentuk : • pendampingan keluarga korban di Thailand Selatan • Observasi dan investigasi • Monitoring pengadilan dan persidangan • Menyediakan pengacara untuk tersangka • Melakukan kampanye, membuat petisi dan diseminasi issue http://www.crcf.or.th/en/index.php

39. Advokasi thd Kekerasan di Thailand Selatan

40. Advokasi Korban Kekerasan Negara terhadap Pengungsi/ Pencari Suaka Rohingya asal MyanmarPIARA – Pusat Informasi & Advokasi Rohingya Arakan

41. Advokasi untuk Pengungsi Rohingya • Investigasi dan monitoring ke Rudenim dan tempat-tempat para pengungsi • Kampanye • Penyampaian sikap ke legislatif/ eksekutif dan Myanmar Embassy • Mendatangkan Rohingya leaders in exile untuk roadshow di Indonesia • Menyampaikan bantuan kemanusiaan

43. Arigato gozaimashita • Terima kasih banyak ! • Khob khun mak mak khrap FACULTY OF LAW UNIVERSITY OF INDONESIA

44. Development of Victim & Witness Assistance in the USA John P. J. Dussich, Ph. D. Tokiwa International Victimology Institute “Victimology & Victim Assistance” LPSK Bogor, Indonesia March 27, 2013

45. INISIATIF MASYARAKAT US Amber Alert • An AMBER Alert or a Child Abduction Emergency (SAME code: CAE) is a child abduction alert system. It originated in the United States in 1996.

46. AMBER is officially an acronym for America's Missing: Broadcast Emergency Response, but was named for Amber Hagerman, a 9-year-old abducted and murdered in Arlington, Texas, in 1996. Alternate regional alert names were once used; in Georgia, "Levi's Call"[1] (in memory of Levi Frady); in Hawaii, "Maile Amber Alert"[2] (in memory of Maile Gilbert); and Arkansas, "Morgan Nick Amber Alert"[3] (in memory of Morgan Chauntel Nick).

47. Code ADAM • Code Adam is a "missing child" safety program in the United States and Canada, originally created by Wal-Mart retail stores in 1994.[1] It is named in memory of Adam Walsh, the 6-year-old son of John Walsh (the host of Fox's America's Most Wanted).

48. Code ADAM • Adam was abducted from a Sears department store in Hollywood, Florida in 1981. A search was undertaken by Adam's mother, grandmother and store employees, and public address calls were made for him every 10 to 15 minutes. After approximately 90 minutes of fruitless searching, local law enforcement was called.

49. CODE ADAM • If a visitor reports a child is missing, a detailed description of the child and what he or she is wearing is obtained. Additionally, all exterior access to the building is locked and monitored; anyone approaching a door is turned away. • The employee goes to the nearest in-house telephone and pages Code Adam, describing the child’s physical features and clothing. As designated employees monitor front entrances, other employees begin looking for the child. • If the child is not found within 10 minutes, law enforcement is called. • If the child is found and appears to have been lost and unharmed, the child is reunited with the searching family member. • If the child is found accompanied by someone other than a parent or legal guardian, reasonable efforts to delay their departure will be used without putting the child, staff, or visitors at risk. Law enforcement will be notified and given details about the person accompanying the child. • The Code Adam page will be canceled after the child is found or law enforcement arrives.

50. Crime VictimsAssistance Today cont… • Victim assistance agencies in the American private, non-profit sector have also grown since the early 1970s. Today there are about: • 2,500 programs for battered women • 2,600 rape crisis centers nationwide • 230 chapters of Parents of Murdered Children • 520 chapters of Mothers against Drunk Driving • 360 jurisdictions that have multidisciplinary children’s advocacy centers • 530 communities that have Triad programs that assist elder victims • “The US movement” started just over 3 decades ago with the support of national NGOs.