Post-Tsunami Disorder: Governance in ADB Tsunami Assistance
ADB Review [ April 2005 ]
The legacy of the tsunami’s catastrophic human tragedy includes children
orphaned and parents left single. Accompanying the devastation are impacts
that may initially appear relatively more mundane. Birth records, property
deeds, pawned article receipts, and bank certificates were destroyed.
Court houses and police stations were water ravaged. With this occurring in some
areas, much of the legal basis for modern life and livelihood has gone. The opportunity
exists for abuse, and legal disputes are likely, over such things as child custody,
property ownership, and inheritance rights.
Similarly, unparalleled generosity from the international community has led to
pledges of billions of dollars for tsunami reconstruction. With such a high volume
and scale of assistance, corruption and governance weaknesses are high risk.
POTENTIAL VICTIMS
The tsunami wiped
out many legal documents, leaving
people vulnerable to the corruption
that often follows disaster
The Asian Development Bank (ADB)’s response to the tsunami provides knowledge
and assistance to enable governments to give legal assistance, and ensure good
governance and accountability. For example, in the wake of the 2001 Gujarat earthquake
in India, which killed over 20,000 people, the Indian High Court gave orders
for speedy and effective legal aid for victims. A new ombudsmen role was given to
the State Legal Services Authority to look into complaints against administration.
Similar measures are being considered by governments as ADB’s post-tsunami
assistance is being developed. These include the following:
Transparency: Internet web sites would describe tsunami assistance, fund
administration and procurement, and the information would be published in local
languages and newspapers. The names of people and communities to receive assistance
may also be posted on the web site.
Participation: Poor and vulnerable tsunami victims need assistance to avail of
their rights and to participate. ADB would support legal assistance and encourage
extensive consultation and participation by local stakeholders in subproject selection,
design, implementation, and monitoring. ADB has also coordinated closely
with its development partners, including World Bank, JBIC, and other international
organizations, including the United Nations, in designing its assistance.
Supervision and Monitoring: Regular and random monitoring by both project
personal and community members would be combined with special and random
financial and performance audits.
Accountability: ADB would support
government commitments to quickly
sanction anyone that attempts to exploit
donor funds or victims, including efforts
to establish or strengthen tsunami
corruption prevention bodies, such as
anticorruption commissions, tsunami
ombudsmen, and grievance review procedures.
ADB would also support private
systems of dispute resolution in tsunamiaffected
areas.
Predictability: Urgent reconstruction of legal infrastructure, such as courts, prisons,
and police stations, would be supported. ADB also supports training workshops
to ensure judges and magistrates are informed of any new tsunami laws and
the likely tsunami cases they will face.
Departments that reissue birth, death, and marriage records, as well as property
title documents and identity cards, may be aided.
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