INTER-AGENCY PROTECTION CLUSTER in INDONESIA CONTINGENCY AND PREPAREDNESS PLAN 12 June 2008 Final Version (Revised/Updated 15 July 2008) Table of Contents I. Introduction 3 II. Definition, Objective, Strategy 3 III. Scope 4 IV. Previous Protection Responses to Emergencies in Indonesia 4 V. 4 Organisation of the Protection Cluster VI. Key Cluster Members 4 VII. Key government partners 5 VIII. Logistics for the Protection Cluster 5 IX. Definition of Scenarios A. Medium Impact Scenario B. Large Impact Scenario C. Pandemic/Avian Influenza Scenario (Phase 6) 5 5 6 7 X. 7 Limitations to the Plan and to Response Capacity XI. Contingency Plan for Emergency Response Interventions 9 XII. Preparedness Plan and Capacity-Building Activities 17 Annexes: A. Key Tools, Guidelines and Normative Frameworks B. Summary of Lessons Learned and Recommendations from Implementation of the Cluster Approach to the Earthquake in Yogyakarta, 2006-07 2 INDONESIA PROTECTION CLUSTER CONTINGENCY AND PREPAREDNESS PLAN I. Introduction In disaster-prone countries, it is imperative that the humanitarian community maintains a capacity to respond quickly and effectively to emergencies. This is particularly true in the area of protection, as the full range of fundamental human rights are exposed in aftermath of disasters and other emergency events. In order to guide and strengthen future humanitarian response, the inter-agency1 humanitarian community in Indonesia undertook a contingency planning exercise from February to May 2008. As part of this process, national and international organisations/agencies in Indonesia with expertise in promoting protection and human rights worked together to analyse the past emergency experiences in Indonesia, the various protection threats they cause, and the capacity required to respond effectively. This inter-agency group is known as the Protection Cluster. The result of their work is this contingency and preparedness plan. This contingency plan is intended to serve as a guide to any emergency response; it is not prescriptive and should not be viewed as such. However, it does provide the foundation for the types of immediate responses that are likely to be necessary during an emergency. The preparedness plan sets forth some immediate activities that must be undertaken in order to build and maintain a capacity to respond to protection issues during emergencies. All partners involved in the Protection Cluster are fully committed to working in partnership with the Government of Indonesia. However, it is important to state that this contingency and preparedness plan is not a joint plan. Rather it is intended to identify the support that national and international NGOs, UN agencies and international organisations in Indonesia can offer the Government of Indonesia (GoI) in times of emergencies and in advance. Although not a joint plan, it is intended that this plan will promote complimentary planning and action between the GoI and non-governmental actors in the Indonesian context. II. Definition, Objective, Strategy Protection is defined as all activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law (i.e. human rights, humanitarian and refugee law). Human rights and humanitarian actors shall conduct these activities impartially and not on the basis of race, national or ethnic origin, language, gender, etc.2 Protective activities aim to create an environment in which human dignity is respected, specific patterns of abuse are prevented or their immediate effects alleviated, and dignified conditions of life are restored through reparation, restitution and rehabilitation. 3 The key objective of the Indonesia Protection Cluster is to ensure that any response to natural and complex disasters in Indonesia, including pandemics, promotes and protects the fundamental rights of those affected, including the most vulnerable persons and groups, in an impartial manner and in accordance with international human rights and humanitarian laws and frameworks. The strategy of the Indonesia Protection Cluster is to: - Ensure a protection framework exists for response to disasters - Ensure emergency interventions address the most vulnerable - Ensure protection concerns and approaches are effectively mainstreamed into the work of all clusters - Promote and undertake targeted preparedness activities to build the capacity of Government and nongovernment actors in Indonesia to more effectively respond to emergencies when they arise 1 Including national and international NGOs, UN agencies, and international organisations. IASC (2002), Growing the Sheltering Tree: Protecting Rights through Humanitarian Action, page 11. 3 IASC (2006), “Women, Girls, Boys and Men: Different Needs – Equal Opportunities”, page 12. 2 3 III. Scope This contingency plan addresses the protection of persons and groups of persons physically present in Indonesia who experience an emergency caused by a natural disaster, civil unrest or pandemic. IV. Previous Protection Responses to Emergencies in Indonesia Integral to effective humanitarian assistance is the ability to continually improve efforts by replicating successes and eradicating mistakes. Attempts to improve “learning” in humanitarian response have markedly increased in recent years, producing a number of evaluations and “lessons learned” after each emergency. The tragic events of the 26 December 2004 Tsunami and the 27 May 2006 earthquake in Java (Yogyakarta) left behind many lessons for the humanitarian community in Indonesia. These lessons were considered during the drafting of this plan. Lessons from the experience with the cluster approach, which was used in Yogyakarta, have been summarized and attached as Annex B. V. Organisation of the Protection Cluster While the Protection Cluster in Indonesia covers the wide range of protection and human rights threats that exist during emergencies, the majority of its concern and efforts focus on the five areas identified below. UNICEF is the lead agency for the protection cluster in Indonesia, supported by the Human Rights Adviser to the UNCT. They function as a secretariat, serving to coordinate the collaborative inter-agency process of preventing, planning for, and responding to protection violations during emergencies. Other agencies/ organisations provide leadership to sub-clusters as noted below. Sub-cluster and lead: - Rule of Law and Justice - UNDP - Prevention of and Response to Gender-Based Violence (GBV) - UNFPA - Protection of Children - UNICEF - Protection of Persons or Groups of Persons with Specific Protection Needs - IOM/ICMC - Land, Housing and Property Issues - UN-HABITAT UNICEF notes the inherent challenges that come with its responsibility to serve as the lead agency for both the overall Protection Cluster as well as for the Protection of Children sub-cluster in Indonesia. Chief among these challenges is a possible competition for attention and support, with either one or both groups receiving less support than they need, and the risk that the overall Protection Cluster will be dominated by child protection issues and actors. To meet these challenges and minimise these risks, UNICEF Indonesia has begun to explore the possibility of sharing the formal responsibility for leadership of the Protection of Children sub-cluster with a key partner INGO. UNICEF is committed to ensuring both the Protection Cluster and the child protection sub-cluster function as designed and needed. VI. Key Cluster Members The agencies identified below have been, to date, the most active members of the Protection Cluster in Indonesia: - UNICEF Human Rights Advisor to the UN Resident Coordinator International Organization for Migration (IOM) Save the Children (US and UK) Christian Children’s Fund (CCF) World Vision HOPE worldwide International Catholic Migration Commission (ICMC) Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 4 - UNDP UNFPA Plan International UN-HABITAT However, the cluster has enjoyed participation and contributions from a wide variety of stakeholders. Numerous organisations and agencies beyond those listed above have participated in various workshops, drafted the core elements of the matrices below, and have reviewed the initial drafts of the full plan. These agencies will continue to be involved in various levels of the ongoing preparedness process as appropriate, as participation in the cluster remains open to any organisation active in Indonesia who is working on human rights or protection. Detailed mapping of the main international and national protection organisations and main governmental partners, including their current areas of expertise and geographic focus of activity, will be finalised and published separately. VII. Key government partners Unlike other clusters, there is no single GoI ministry responsible for “protection” with whom the Protection Cluster should clearly coordinate. Instead, there are a number of ministries, offices and State institutions working on the range of issues encompassed under the umbrella of the Protection Cluster. Among the most salient of these are: - VIII. Planning and Development Board (Bappenas / Bappeda) Ministry of Women’s Empowerment (KPP / Biro PP) Department of Social Affairs (DepSos / Dinsos) Police of the Republic of Indonesia (POLRI) National Land Agency (BPN) National Independent Human Rights Institution (Komnas HAM) Department of Manpower and Transmigration (Depnakertrans) Coordinating Minister for People’s Welfare (Menkokesra) Logistics for the Protection Cluster and its emergency response activities IOM has committed to be responsible for Logistics Support for Initial emergency response and eventual relocation (transport, provision of NFIs). IX. Definition of Scenarios Located in the “Ring of Fire”, Indonesia is at high risk for many types of emergencies, particularly natural disasters. Indonesia is at risk for volcano eruptions, earthquakes, tsunamis, floods, landslides, forest fires, droughts, cyclones and high tides, pandemics (including avian influenza), and inter-communal violence and urban social unrest. The IASC Contingency Plan for Indonesia (2008) notes that, according to a Emergency Management evaluation of 2006-07 conducted by the Government of Indonesia, floods create the largest disasters, earthquakes are the deadliest, and fires cause the largest material losses. The impact of a disaster depends on the scale of the disaster, the population density in the affected area, the accessibility of the affected area and the pre-existing conditions of the area (e.g. such as poverty). The following scenarios have been selected by the IASC as the most relevant for consideration in contingency planning. A. Medium Impact Scenario In rural settings, possible triggers are: A volcano erupts in a densely populated area during the rainy season, with a violent eruption. Even though the government had put in place some preparedness measures prior to the eruption, the thrust of Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 5 the activity is such that affects a wide rural area encompassing a total of 250,000 affected people. IDPs number is 50,000 (20% of the affected people) and the death toll is placed at 5,000 (2%). 75,000 persons (30%) suffer from respiratory problems. In terms of infrastructure, only limited health facilities are available and the water system is paralyzed. Ashes are falling in a 50 km circle around volcano and the eruption has caused widespread economic disruption in this affected province. Floods hit four provinces during the peak of the harvest season, also affecting 250,000 people. The floods cause damages to the existing infrastructure such as bridges and roads but also have major impact on the livelihoods of the affected people. Communications, water systems, public facilities, electricity, and transportation are paralyzed. At the same time, only minimum medical supplies are available in Indonesia. There are 200,000 people displaced (80% of the affected population), and the death toll is estimated at 1,250 (0.5%). All four individual provincial governments have requested assistance for two weeks of overlaps since the onset of the disaster and continue for eight weeks. Affected areas Persons in need humanitarian assistance 4 provinces are affected in the case of flooding of Around 250,000 people are affected, with over 200,000 displaced in the case of flooding Intervention objectives Interveners Duration Save lives and protect the rights of people in emergency affected areas UN Agencies, International Organisations, ICRC, National Red Cross, NGOs, civil and military authorities 6 Months B. Large Impact Scenario Within the Indonesian context, a major impact scenario can be particularly envisaged taking place when major urban areas are affected. The following are some of the possible scenarios: A large earthquake occurs in a heavily populated area of Indonesia, at a time of a major holiday when government officials are not easily reachable. Health services, communications, water systems, public facilities, electricity, and transportation are disrupted. The number of affected people is estimated at 500,000 (50,000 of them are conflict-affected IDPs), while the total number of IDPs amounts to 200,000 (40% of the affected population). The death toll amounts to 30,000 persons (6%) and more than 100,000 persons (20%) have resulted injured. In terms of damage, 125,000 houses have been totally destroyed (25%) and 100,000 houses moderately damaged (20%). A widespread civil unrest in major urban centres caused due to unemployment and political turmoil, generates widespread paralysis in the economic activities, bringing to a halt services. More than 500,000 people are affected, with major needs foreseen in water and sanitation facilities, food, protection, psychosocial support, emergency shelter, early recovery, health care (basic services) and education. Humanitarian actors face the challenge on communications, ensuring staff safety and security, and securing financial resources for the required humanitarian assistance. Affected areas Persons in need of humanitarian assistance Intervention objectives Interveners Duration Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 In the case of a major earthquake, 2 Provinces are affected. In the case of civil unrest, it affects all major urban areas in Indonesia. In all these cases, the population affected is 500,000. Save lives and protect the rights of people in emergency affected areas UN Agencies, International Organisations, ICRC, National Red Cross, NGOs, civil and military authorities 6 months 6 C. Pandemic/Avian Influenza Scenario (Phase 6) Parts of Indonesia are affected with a very quick onset of Avian and Pandemic Influenza, from within the country, both developing in small areas in Indonesia and expanding to other areas. The assumptions built for this scenario are that we do not know how quickly pandemic will move, but the Government of Indonesia (GoI) may not request humanitarian assistance only until it reaches Phase 6, which is too late for any intervention. It is also foreseen that during pandemic peaks, inter-agency staff cannot move, and that population control measures might be unclear where the military may force people to distance from each other. Affected areas Persons in need of humanitarian assistance Intervention objectives Interveners Duration X. All the country X % of the total population (to be confirmed by WHO) Prevent wider dissemination of the virus, save lives and protect the rights of people in emergency affected areas UN Agencies, International Organisations, ICRC, National Red Cross, NGOs, civil and military authorities 6 months Limitations to the Plan and to Response Capacity The size and diversity of Indonesia prevent detailed protection analyses, forecasting or prescriptive recipes for response from being designed. The country is simply too large and too diverse to surmise in advance the myriad of issues that may arise or to design responses for each. The protection issues facing one district in the aftermath of a disaster could vary greatly from those facing another district. Factors such as demographic make-up; cultural and anthropological elements of the affected community (e.g. in terms of women’s roles); the previous existence of armed conflict or religious/ethnic tensions; and the capacity, including resources, of local government are among the factors that would shape the nature of protection risks that may arise during or after an emergency. Despite these limitations, a number of issues that commonly threaten the protection of Indonesia’s residents can be gathered. The response and preparedness strategies outlined in this document aim to identify these most prevalent threats, those that are most likely to occur during or after an emergency, and to set forth those interventions that are of highest priority. Several limitations affected the process of creating this contingency plan. These include having only limited knowledge of detailed demographics of the country, especially in remote and indigenous areas, and having only limited time to map current capacities (3 Ws). The latter was attempted during this planning process, but limited time and human resources on the part of all partners prevented the completion of this activity. It has therefore been moved to be part of the preparedness activities. A similar limitation is not having a full understanding of who the local protections partners are, their capacity, location, etc. Several gaps in the overall capacity of protection partners in the country merit specific mention. The first is the lack of capacity for data and information management. None of the members of the protection cluster have capacity for significant data collection on, or profiling of, the affected populations. However, this is not a debilitating gap in Indonesia, unlike other country contexts. The GoI holds the primary responsibility for documenting and profiling the affected population, and has proven to have sufficient capacity to fulfil this responsibility during an emergency. Thus, building capacity in the international community for profiling is not a priority. However, it was noted that the type of data that the GoI collects could be improved, particularly in terms of disaggregation by gender and age and other vulnerabilities (e.g. disability). Currently, the members of the Protection Cluster do not have capacity in-house to assume this responsibility or to significantly assist in the strengthening of GoI capacity. This is an area the cluster mechanism or the IASC (beyond the Protection Cluster) should examine and support. Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 7 Another limitation is the currently weak capacity for responding to emergencies in urban areas. Large newly urbanised areas where self-help structures and social resilience may be weaker or untested were specifically identified by some members of the cluster as a priority area for future consideration. A final limitation involves the identification of practical priority emergency response actions for the Rule of Law and Justice (RoL) and Land, Housing and Property Issues (LHP) sub-clusters. Identification of priority actions focused more heavily on preparedness actions. This is due in part to the improved nature of the rule of law in Indonesia and the GoI’s improvements in human rights protection. As such, some cluster members felt that the Protection Cluster could best support protection during emergency by working before the emergency to build capacity (e.g. translate laws, raise awareness of the community on their rights, and prepare knowledgeable focal points for pre-emergency advocacy). However, the focus on preparedness activities over response activities among the RoL and the LHP subclusters is also, in part, a reflection of the global characteristics of these two technical areas, which have not traditionally been among the core interventions implemented during emergency relief operations. However, innovations in emergency response in both Indonesia and in other countries have occurred in recent years, suggesting new options for activities during the emergency relief stage. These should continue to be analysed, adapted and mainstreamed, as applicable, for future use in Indonesia. Additional limitations to the actual implementation of an emergency response could include: Lack of access (physical) Limited human resource capacities for emergency response (knowledge and capacity increasing after Tsunami & Yogya, but still rapidly turns over/leaves and most of Indonesia work is development-focused) International Standards – limited knowledge of or adherence to international standards, including law, guidelines and approaches (such as Sphere, IA Guidelines on Psychosocial and Mental Health), among both local actors (government, cbo/ngo) and some international staff (especially those brought in for the emergency response, who may not have sufficient applicable experience) National Standards – limited knowledge within the existing international protection community of all various national legal frameworks (e.g. new disaster management laws & structures, the laws that may come into force during emergencies (e.g. martial law), etc). New international staff deployed for an emergency would have limited knowledge as well. Weak national monitoring systems and data collection/management on profile of emergency-affected population and/or social protection issues Limited knowledge of specific culture of affected area Limited understanding on protection risks during pandemics Limited understanding of capacity gaps in other clusters on Human Rights Based Approaches to Programming Weak support within agencies on legal counselling and legal support Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 8 XI. Contingency Plan for Emergency Response Interventions Unlike other sectors, the response required in the protection sector are not easily analysed or quantified by the general type of emergency or level of impact. The basic types of protection threats facing people, especially vulnerable persons and groups, remain generally the same across various emergencies. Given the numerous variables included in the five scenarios identified for this exercise (see Section IX above), the Indonesia Protection Cluster determined that it was not feasible or user-friendly to design hypothetical response plans tailored to each of the scenarios. Instead, the general threats and core interventions most likely required during an emergency in Indonesia have been identified and presented below. The interventions described below are not prescriptive action plans, but rather the identification of core interventions required to respond to emergencies in Indonesia. This plan is a living document, meant to be revised and updated as necessary, and tailored to the unique needs of a particular emergency. As natural disasters comprise the majority of emergencies in Indonesia, the responses required for a natural disaster drove plan components, more so than did considerations of civil unrest or pandemic. Thus, during those two latter emergency situations, it is likely that some additional tailoring of the plan may be required. It should be noted that the factor of population displacement has a clearer impact on the types of protection threats faced, the magnitude and scope of those threats, and the responses they require, than does the type of disaster. Higher levels of displacement create more protection risks, regardless of the cause. Priority Interventions (within first 6 weeks) Protection concerns Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required Cross-Cutting Interventions Objective: Ensure that all persons and groups of persons have their right to equal protection before the law fully respected - - - - - - Affected individuals, families or communities do not have equal access to assistance and services, including all forms of aid and protection services Inadequate consultation with affected populations in identification of emergency needs and planning/implementation of disaster response State actors and humanitarian community are not fully transparent or accountable on finances or project management Beneficiaries and/or host community members are at risk of abuse and exploitation, especially sexual, by emergency response actors (including international and national staff, agencies and organisations, and government) and its own community member Emergency-affected individuals experience psychosocial or mental health problems that threaten their overall protection. Affected populations, esp. the displaced and 1. 2. 3. 4. 5. 6. Conduct a broad-based protection rapid assessment within 72 hours To liaise with other clusters, esp. cluster leads, to ensure that protection issues are being mainstreamed into all sectors. Attend meetings of other clusters where possible/advantageous. Ensure participation of vulnerable groups in the community from the start of the emergency response In cluster meetings, encourage participating agencies to have all staff sign the Code of Conduct In cluster meetings, provide IASC guidelines on mental health and psychosocial interventions Liaise with government on the re-issuance of identity documents Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 1. 2. 3. 4. 5. 6. Socialize to local governments & CSOs the right to equal protection guaranteed by the law No. 24/2007 concerning Disaster Management Develop effective monitoring & evaluation mechanism in disaster management to avoid the misuse of the public resources Develop transparency & openness procedure in the use of public resource in disaster management Ensure ongoing liaison with other clusters, ensure that protection is mainstreamed through all cluster response Encourage ongoing consultation and participation of beneficiaries Continue to liaise with government on the re-issuance of identity documents and advocate for any segments of the - - - Mental health and psychosocial guidelines and handbook on protection of IDPs not available in Bahasa Indonesia Lack of country-level guidelines or implementation of systems to prevent and respond to exploitation and abuse of beneficiaries Lack of concise but comprehensive protection common assessment tool 9 Priority Interventions (within first 6 weeks) Protection concerns - Secondary Interventions (6 weeks to 6 months) population that have not yet been included those in camps, face increased threats to basic daily security (e.g. increased crime) Emergency affected people have no documentation (lost or never owned) and are unable to gain new documentation in reasonable time Gaps and Additional Resources Required Rule of Law and Justice Objective: To strengthen central, provincial and local administration of justice systems and to increase access to justice and accountability Sub-cluster Lead: UNDP, with support from HRA Inadequate understanding of relevant rights and corresponding obligations (relevant guidelines, principles, etc) National and international actors (government and non-government) are not fully aware of applicable laws during emergencies, including emergency provisions (and their compatibility with international standards) and relevant responsible institutions The justice and security institutions (legal frameworks, resources, and training) may not have adequate capacity to function (i.e. courts, prosecutors office, police, corrections and military) during an emergency 1. 1. 2. 2. Raise awareness among relevant actors (vulnerable groups, authorities, humanitarian community, etc) of applicable national and international laws and guidelines Disseminate easily understandable digest of national, international laws and guidelines through media, government and non government partners Engage relevant government institutions, national human rights institutions and civil society organisations in developing framework for effective complaints system - - - 3. Establish dialogues with relevant authorities on rule of law and access to justice 4. Develop (or support existing) effective and accessible complaints system 5. Use local human rights institutions to monitor situation in communities and to identify abuses, including excessive security response - An effective complaints system may not be functioning properly Excessive or arbitrary security response may be employed Assess the impact of the disaster on rule of law and access to justice; clarify what legal frameworks are being applied and document the level of function of the justice system Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 - Not all relevant international documents are translated into Bahasa Indonesia No easily understandable digest of national, International laws and guidelines is available Need to ensure compatibility of applicable nationals laws and guidelines with international standards Lack of harmonization on the relevant local and national laws Unclear roles of each relevant government officials in disaster management issues Unknown capacity of justice and security institutions preparedness in responding to emergency situation, particularly in the most vulnerable disaster areas Lack of understanding on existing framework & practices of public complaints 10 Priority Interventions (within first 6 weeks) Protection concerns Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required PREVENTION OF AND RESPONSE TO GBV Objective: To prevent and respond to GBV in line with IASC guidelines and strengthen government and non-government structures, systems and services to promote and protect the rights of all people in relation to GBV, especially women and girls Sub-cluster lead: UNFPA GBV PREVENTION - The gender-specific needs, especially of women and girls, are not identified or addressed during assessments and project interventions - Due to poverty, loss of livelihood, displacement, death of a spouse or parent, or other factors, people are at increased risk of domestic violence, sexual exploitation (including child marriage, forced marriage), trafficking, or sexual violence, especially women and girls - Lack of proper support for family care - Unsafe design of temporary shelter/housing for the displaced - Women and girls are not included in the planning and decision making of interventions (incl WASH, health, shelter), especially in the design and management of a camp. - Women and girls do not have access to basic services and facilities Breakdown of the social, security and protection system limits law enforcement or justice 1. Conduct rapid-needs assessments on the situation of GBV and/or ensure GBV is included in multi-sector rapid needs assessment, including analysis of cultural understanding of GBV and existing security response and legal follow up 1. Ensure development or expansion of data collection systems, following standards for confidentiality 2. Liaise with the education cluster to ensure girls’ and boys’ access to education 2. Liaise with other sectors to ensure mainstreaming of gender and GBV focus 3. 3. Promote the participation of women and girls in assessments and all community participation in project design and implementation (e.g. WASH, food, health, etc) Establish or strengthen existing community protection committees, volunteers or leaders to monitor protection threats against women and girls, including movements of visitors to communities, ability to access services, 4. Conduct awareness raising/ IEC activities to the community such as providing information about sexual violence, early marriage, domestic violence 5. Conduct awareness raising/IEC activities about the availability of medical services for survivors (as culturally appropriate) 6. Disseminate information on international and national humanitarian law 7. Train health service providers and security officers in GBV management. 8. Ensure women can access livelihood activities, 9. Within IDP camps, install security measures for housing compounds (e.g. where barracks are used) 4. Raise the awareness of female beneficiaries on the needs of their rights and participation in disaster/conflict management 5. Identify women leaders and establish women’s committees (where appropriate) 6. Ensure that plans for any camps or others sites include shelters for sexual violence victims and provide for safe fuel collection strategies 7. 8. Provide community-based psychosocial support activities for all women, including GBV survivors. Identify key partners, including organisations, individuals, institutions, and groups that are already contributing to protection from sexual violence. (or who can be mobilized) Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 Deployment of female police or military officers Need to identify partner from local women NGOs or Women Empowerment office 10. Train police to increase their capacity to recognize threats and to better protect women and girls 11 Priority Interventions (within first 6 weeks) Protection concerns 9. Establish systems for compiling anonymous incident data so that cases can be addressed and trends and protection issues can be identified. 1. Liaise with hospitals and medical service providers and partners to ensure MISP (Minimum Initial Service Package) is implemented Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required GBV RESPONSE - - Survivors of GBV are unable to access appropriate health services as many international and national actors (govt & NGO) are unaware of international and national clinical protocols for survivors of rape and other sexual violence Referral centres and pathways do not exist in all areas of the country (PPT, the Integrated Service Centres) 2. 3. 1. Ensure functioning referral mechanisms for GBV survivors 2. Disseminate international and national clinical management of rape protocols to all medical service providers Establish community monitoring and reporting mechanisms 3. Set up psychosocial support activities special for couples Review existing referral mechanisms and strengthen or establish where missing. Establish common forms where necessary. 4. Develop alternative safe shelter options for survivors & witnesses 5. Train police, courts, social workers and medical providers on GBV and identify focal points 6. Build networks with judges, prosecutors, police, and traditional systems to ensure that existing laws relating to sexual violence are upheld. - There is limited access to justice for survivors. - Many police are not trained in or sensitive to gender issues, especially gender-based violence 4. Women may not feel comfortable to seek assistance for GBV issues or may not know how to Establish short-term security objectives and indicators for minimum response to sexual violence. 5. Establish strategies for improving security, combining a targeted, proactive presence around specific “hotspots” with a less routine, widespread, and mobile presence that gives protected persons and potential violators a sense that someone is “always around.” - Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 Deployment of female police or military officers Need to identify partner from local women NGOs or Women Empowerment office 12 Priority Interventions (within first 6 weeks) Protection concerns Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required Protection of Children To strengthen the capacity of government, non-governmental organisations, communities, families and children to ensure a family- and community-based protective environment for children and adolescents during emergencies Sub-cluster lead: UNICEF - Children are separated from their families during emergencies4 - “Secondary” separation of children from families is caused by families’ placement of their children into institution to receive assistance - The destruction and disruption of daily life caused by emergencies impacts the social and psychological worlds of children - Children and adolescents become more at risk of abuse, violence, neglect or exploitation, perpetrated both at home (by those known to children) and by others looking to exploit the emergency. - Children are more at-risk especially for prostitution, domestic servitude, or plantation work; or aid-worker related abuse/exploitation. - Children and adolescents are at risk of trafficking, particularly during the transition phase (once the immediate response phase ends) - Adolescents are marginalized and not able to access services, especially adolescent-headed households. - Where disasters occur in areas with communal tensions, risk of recruitment of children, especially adolescents, into armed groups is increased. - Children/adolescents may become involved in violations of the law in the aftermath of disasters or during civil unrests 1. 2. 3. Conduct rapid assessment of the situation of children and adolescents (or ensure it is included in a multi-sectoral assessment) Where there is immediate family separation: a. within 72 hours, begin to identify and document separated children; begin family tracing activities b. Identify members of FTR Network c. Identify the agency focal point for Database Administration, Case Management, and Coordination d. Adopt common code of ethics for use of data e. Rollout database f. Regularly monitor children’s institutions for “secondary” or “voluntary” separation Respond to the psychosocial needs of children and adolescents, especially through normalizing activities a. Through consultation with community members and children/adolescents, design culturally appropriate and age/gender appropriate psychosocial activities. b. Identify existing spaces that can be used as child-friendly spaces; where necessary, establish temporary structures for CFS c. Link to education interventions to mainstream psychosocial support through schools Continue priority interventions where necessary, and add: Direct Interventions 1. Strengthen existing government referral mechanisms and assistance 2. Establish (or support existing) communitybased outreach and monitoring networks (e.g. CBOs, volunteers, community workers, child protection committees) to support vulnerable families and monitor/report/address incidences of child abuse, neglect or exploitation 3. Follow-up reunified children 4. Expand psychosocial/recreational activities for children and adolescents (as needed) A well functioning CP information management system Need to discuss among key partners in country the particular issues around FTR; invited a technical visit from Global FTR Network Trainings 5. Build capacity of community partners and government on existing laws/regulations/legal frameworks related to trafficking, violence and alternative care 6. Conduct trainings for NGOs on Child Safe Organisations toolkit (SCUK) 7. Conduct trainings on basic CP and CPIE through CPIE Toolkit, especially for social workers 8. Disseminate Child Protection CD-Rom elearning materials to government social workers, communities, and police 9. Conduct specialized trainings on various issues (e.g. using the forms, database) 10. Train health workers and police on child protection, especially to identify and refer cases of abuse, exploitation 4 With regards to the natural disaster emergency scenarios identified for this contingency planning exercise, there is not sufficient information to know whether the separation of children from their families will be a significant problem. Recent experience in Indonesia has shown that separation is influenced by the type and scale of the disaster and by the level of sudden population displacement, among other factors. Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 13 Protection concerns d. Priority Interventions (within first 6 weeks) Incorporate/adapt global principles on child friendly spaces 4. Prevent and address/respond to cases of abuse, violence, neglect and exploitation of children and adolescents a. Identify/strengthen existing referral systems for severe cases of abuse or trafficking b. Support the establishment of border check-point to prevent trafficking of children c. Liaise and coordinate with policewomen, especially those already working in women’s and children’s police desks, possibility for community policing to prevent incidences of violence d. Raise awareness of CPIE partners of existing referral and response capacities 5. Promote the involvement of adolescents and youth in the assessment, design and implementation of activities from CPIE and all sectors Ensure that children in conflict with the law or involved in civil unrests are treated in accordance with international standards and juvenile justice principles a) Ensure that children in detention are separated from adults and receive fair treatment free from violence and abuse b) Ensure that children undergoing justice procedures are accompanied by parents/guardians/social worker and have access to legal services c) Support independent monitoring of the situation of juveniles in detention with possibility for complaints 6. Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required Coordination/Advocacy 11. Ensure youth and vulnerable families where children are particularly at risk (e.g. single headed households) are involved in the livelihood support interventions (link to livelihoods sector) 12. Formal and NF Education for all school-age children/adolescents (link to ed sector) 13. Prevent institutionalization of children (secondary separation effect) a. Advocate to Government and international community not to set up new orphanages b. Link to livelihoods cluster/sector for targeted assistance to families 14. Advocate for upholding international standards and CRC related to children in conflict/contact with law 14 Priority Interventions (within first 6 weeks) Protection concerns Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required Protection of Persons or Groups of Persons with specific protection needs 5 Objective: To support and strengthen the protective environment for vulnerable populations and ensure their access to services by expanding and strengthening government, non-government and community-based structures and mechanisms Sub-cluster lead: IOM/ICMC - No clear prior identification of vulnerable groups (who they are and where they are) nationwide 1. Ensure assessments include mechanisms to identify vulnerable groups - Inadequate information on needs and rights of people with specific protection needs (see non exhaustive list below) among practitioners minorities, migrants, IDPs, elderly, persons with disability, those in institutions (including prisons), house bound, single households, adolescents/youth those not accessing services (e.g. either by oversight of aid agencies or by their own limitation) 2. Ensure adequate activities are designed to respond to the needs of vulnerable groups - Inadequate access to basic services for populations with specific protection needs - Inadequate capacity of local government to deliver targeted and efficient assistance to persons with specific needs - Inadequate infrastructure/procedures to reach affected vulnerable populations - Increased vulnerability opening opportunities for exploitation, trafficking and abuse of vulnerable population - Family/community resistance to sharing assistance - Official exclusion and/or discriminatory practices towards specific groups - Inadequate communication among stakeholders 5 3. 4. 5. 6. Mainstream within response mechanisms of humanitarian actors specific activities to match the needs of vulnerable groups Advocate for specific resources to be allocated to vulnerable groupings and develop aid packages targeting specific vulnerable groups Identify the state agencies responsible for the welfare of specific vulnerable groupings at provincial/district level and begin/continue liaison 1. Based on the demographic profile of the affected population, establish adequate referral and follow-up mechanisms 2. Developing IEC material to do awareness raising of main stakeholders, including central and local governments 3. Advocate for specific resources to be allocated to vulnerable groupings 4. Identify/strengthen existing government referral mechanisms and assistance 5. Establish monitoring networks of local NGOs and community members 6. Use protection cluster forum to build efficient communication mechanisms among stakeholders Establish efficient communication mechanisms among stakeholders Understand possible implications of delivered assistance targeting specific groups which could be counterproductive Appropriate financial support allocated by donors to cover protection issues of vulnerable groups, including at the preparedness stage Identification of knowledge gaps within implementing agencies/organisations in view of defining training needs Donors’ criteria that support mainstreaming of needs of vulnerable groups within response Clearer mapping of organisations involved in protection issues in Indonesia (including existing resources) Clearer mapping of Indonesian statutory agencies responsible for protecting/bringing support to vulnerable groups Translation in Indonesian of key international legal documents and guidelines related to protection e.g. IDPs, migrants, elderly, persons with disability, single-headed households, minorities, those in institutions (including prisons). Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 15 Priority Interventions (within first 6 weeks) Protection concerns Secondary Interventions (6 weeks to 6 months) Gaps and Additional Resources Required Land, Housing and Property Issues Objective : to assist governmental and non-governmental institutions in ensuring the rights of affected people with regard to LHP issues and to advise emergency assistance partners on LHP issues and actions aiding or prohibiting a seamless recovery Sub-cluster lead: UN-HABITAT General o Denied voluntary return and restitution o No information on safe and durable options with regard to return or alternative options o There are few or no options for safe and dignified sheltering and settling o People have insecure tenure prior to the crisis (e.g. squatters on public land) or people with weak social protection prior to the crisis (female factory workers; day labourers) are at high risk o Exclusion to protection of people affected by secondary impacts Land o Opportunistic forced evictions of squatters in the wake of a crisis o Denial of the right of return and of displaced people after a disaster o Forced land transactions and theft of transferable land documents o Rights of women and orphans (inheritance, restoration of land documents) o Rule of law with regard to involuntary land acquisition for disaster response needs and DRR-related land-use adjustments Housing o Temporary housing conditions or options are not safe or not dignified, or are delaying early recovery o Inequitable housing and construction options o Inequitable options for home owners and other tenant groups; extortion of temporary tenants; exclusion of assistance to displaced people within host communities Property o No/limited options for the protection of assets (fixed and productive, including livestock) o Protection of people tending to assets during daytime or under evacuation orders/advice o Restoration of property documents 1. 2. 3. 4. Conduct an early, rapid and broad assessment of LHP issues, informing UNCT, IASC and partners on expected policy issues and needs for action over time. 1. Conduct / lead follow-up assessments of LHP issues Engage in a high-level government-led work group on LHP assessment and programme planning issues; advocate for the set-up of such a work group if required 3. Collect feed-back on the rapid refreshment training, to identify gaps for further training and to identify sources for such support Conduct rapid refreshment training on LHP issues to governmental and nongovernmental key partners in areas adjacent to the crisis area Engage local partners to access media and communication channels with regard to relevant and potential protection concerns; partner with aid organisations (shelter, food) for the distribution of information sheets 5. Provide local partners with tools for community-based monitoring of vulnerable groups with regard to protection issues as a result of insecure tenure 6. Ensure coordination on LHP issues between various clusters; provide technical support 7. Prepare requests for technical expertise on LHP issues from UNCT to IASC Geneva. (as necessary) Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 2. Provide technical assistance and support to high-level government-led work group 4. Monitor media reporting on post-crisis LHP issues and to strategise on policy advise 5. Evaluate community-based monitoring and to identify gaps for further support on monitoring To agree with IASC partners on the pre-crisis and expected post-crisis focal points within the respective organisations To provide pre-crisis training on the LHP tool being develop by IASC. To engage communication and training partners in various provinces or key areas, through Housing Resource Centres etc. 6. Establish strategy for responding to longerterm needs and impact evaluation (which organisation, which cluster…) 7. Provide feedback to IASC with regard to the effectiveness of the LHP toolkit (currently under development) 16 XII. Preparedness Plan and Capacity-Building Activities The key preparedness activities and their estimated associated costs are identified below. Given the breadth of the Protection Cluster, many more activities could and should take place in order to properly build capacity in the country. This plan will be revised, updated and expanded, particularly after this plan is discussed in more detail with the relevant Government of Indonesia partners. In fact, the discussion of this plan with GoI partners is indeed the next priority for the Protection Cluster. It should be noted that implementation of these preparatory activities requires additional funding. As of the date of publication, all activities and their costs remain unmet. Notation of Lead Agency is meant to specify those agencies who will lead the implementation of the activity once funding has been secured. The timeframe and activities listed below will be reviewed and revised if necessary, as funding is secured. Activities 1. Briefings and training for the cluster(s) on legal frameworks during emergencies 2. Map demographics of vulnerable groups in Indonesia (e.g. by ethnicity, religion, etc) and of protection capacities and gaps in Indonesia Target Beneficiary / Audience Cluster(s) All partners, esp. the cluster 3. Training on Human-Rights Based Approaches Cluster/UN 4. Strengthen contacts with security forces and mainstream protection issues into trainings for security forces (police & military) 5. Adapt international and national guidelines into fieldfriendly materials. Examples of key guidelines to be adapted and translated: - IASC Guidelines on Mental Health and Psychosocial (translate and summarize) - Handbook on Protection of IDPs (translate and summarize) - GBV in emergencies (summarize) 6. Produce an handbook on human rights in Bahasa Indonesian 7. Conduct trainings and capacity building for safe organisations Security forces Timeframe July – September 2008 By September 2008 September 2008 – February 2009 July – December 2008 Lead Agency UNDP Area(s) Covered Rule of Law Estimated Cost (USD) $2,000 UNICEF (through national consultant); GenCap, Ageing expert from global PCWG HRA, GenCap Protection (cross-cutting) $15,000 All $20,000 UNICEF / UNDP / IOM Cross-cutting protection $100,000 Cluster, all partners July 2008 – June 2009 UNICEF, through consultants and partners All / crosscutting All partners By September 2008 HRA Human Rights $5,000 Non-governmental partners, especially national or smaller international NGOs By December 2008 UNICEF Protection (cross-cutting) $15,000 Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 $40,000 17 Activities 8. Child Protection family tracing and reunification technical meetings, including training of cluster members/partners on separated children database 9. Child Protection in Emergencies trainings of government at the provincial and district level, and of NGOs and community-based organisations 10. Train Bakornas on how to include protection-related data and to disaggregate all data by age and gender during emergencies 11. Fund a position dedicated to serving as protection cluster focal point, who will be responsible for the implementation of the preparedness plan (L3 level) 6 12. Formalize the sharing of child protection sub-cluster lead between UNICEF and Save the Children 13. Trainings to mainstream GBV and gender into humanitarian response (how to use the IASC GBV and gender handbook) 14. Build capacity on LHP issues in Indonesia, including: - Adapt, translate and publish local version of the LHP guideline/toolkit - Train key partners on LHP guidelines - Development of a network of focal points for advocating the guideline in crisis contexts - Production of a film on the role of various government agencies at a local authority level regarding LHP issues 6 Target Beneficiary / Audience Partners who conduct FTR Timeframe Lead Agency Area(s) Covered Child Protection Estimated Cost (USD) $20,000 UNICEF Government, NGOs, CBOs FTR meeting: Aug Training on database October/Nov July 2008 – June 2009 UNICEF Child Protection $75,000 Bakornas By December 2008 UNICEF, GenCap Protection (cross-cutting) $15,000 All partners By October 2008 UNICEF Protection (all) $170,000 Child Protection partners Government, NGOs, CBOs December 2008 – February 2009 October – December 2008 UNICEF Child Protection GBV and gender Government, NGOs, CBOs October 2008 – June 2009 UN-HABITAT UNFPA, GenCap $0 $5000 Land, Housing and Property Issues $105,000 Total estimated cost $607,000 The current focal point splits her time between supporting the Protection Cluster and other UNICEF responsibilities. Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 18 Annex A - Key Tools, Guidelines and Normative Frameworks This document lists some key tools, guidelines and normative frameworks that assist any organisation, be it a United Nations agency, international NGO or national/local community-based organisation, to support and ensure the protection of emergency-affected people and communities. This is not intended to be an exhaustive list of all materials available. Instead, the intention is to identify for all users, from the seasoned practitioner to the novice volunteer, those tools, guidelines and frameworks that provide the core guidance and minimum standards for humanitarian intervention in protection. Thus, a given reader may find that s/he knows of good documents that are not included. The omission of these documents is, in part, intentional, in order to keep the list concise and as user-friendly as possible. A concerted effort has also been made to identify, wherever possible, tools that are practical and field-friendly. Tools that are available in Bahasa Indonesia have been listed in red font in the sub-sector specific entries, and repeated at end in the specific section on tools in Bahasa Indonesia. There are no doubt a number of national tools, laws and guidelines that are missing from this compilation. These will be added as they become known, and placeholder titles (e.g. “national”) have been intentionally left in, even where no items are listed after, to accommodate these future changes. Table of Contents I. CROSS-CUTTING ISSUES & MAINSTREAMING PROTECTION A. Cross-Cutting Issues: Guidelines and Tools B. Preventing Sexual Exploitation and Abuse (SEA), including Building Safer Organisations 1. Resources 2. Codes of Conduct and Policies 3. Guidelines 4. Toolkits and Training Modules 3 3 3 3 3 3 4 II. HUMAN RIGHTS LAW A. International 1. Core Legal Texts 2. Core Guiding Principles (“Soft Law”) 3. Training tools and Other publications B. National 5 5 5 5 5 5 III. RULE OF LAW AND JUSTICE A. International B. National 6 6 6 IV. PREVENTION AND RESPONSE TO GBV A. International 1. Fact Sheets/Background 2. Guidelines & Handbooks 3. Training Manuals & E-Learning Courses 4. Field Tools B. National 7 7 7 7 7 7 8 V. 9 9 9 9 9 9 10 10 10 10 10 11 PROTECTION OF CHILDREN AND ADOLESCENTS A. International 1. Core Legal Text 2. Core Guiding Principles 3. Fact Sheets/Background 4. Guidelines and Handbooks 5. Training Manuals & E-Learning Courses 6. Field Tools B. National 1. Legal Text 2. Training Manuals & E-Learning Courses C. Tsunami-Related VI. PROTECTION OF PERSONS WITH SPECIFIC PROTECTION NEEDS A. Internally-Displaced Persons B. Women and Girls C. Minorities D. Elderly E. Youth F. Persons with Disabilities 12 12 12 12 12 13 13 VII. LAND, HOUSING AND PROPERTY ISSUES 14 VIII. TOOLS IN BAHASA INDONESIAN 15 I. CROSS-CUTTING ISSUES & MAINSTREAMING PROTECTION A. Cross-Cutting Issues: Guidelines and Tools 1. Protecting Persons Affected by Natural Disasters: IASC Operational Guidelines on Human Rights and Natural Disasters (www.humanitarianinfo.org/iasc/content/documents/working/OtherDocs/2006_IASC_NaturalDi sasterGuidelines.pdf) 2. Checklist for Integrating Human Rights in Disaster Management in the Pacific, UNDP Pacific Centre, 27 November 2007. Contact OCHA or UNICEF. 3. Protection of Internally Displaced Persons in Situations of Natural Disaster: A Working Visit to Asia, 2005. www.brookings.edu/~/media/Files/rc/reports/2005/04_tsunami/200504_tsunami.pdf 4. IASC Guidelines on Mental Health and Psychosocial Support in Emergency Settings (2007) www.humanitarianinfo.org/iasc/content/products/docs/Guidelines%20IASC%20Mental%20He alth%20Psychosocial.pdf 5. Human Rights Guidance Note for Humanitarian Coordinators (2006) (www.humanitarianreform.org/humanitarianreform/Portals/1/cluster%20approach%20page/clu sters%20pages/Protection/IASC%20-%20HR%20guidance%20note%20for%20HCs%20%202006.pdf) 6. Manual for Applying a Community-Based Approach in UNHCR Operations, UNHCR (2008) 7. The UNHCR Tool for Participatory Assessments in Operations http://www.unhcr.org/publ/PUBL/450e963f2.html 8. Women, Girls, Boys and Men: Different Needs – Equal Opportunities, IASC Gender Handbook in humanitarian action (2006) (http://www.humanitarianinfo.org/iasc/content/documents/subsidi/tf_gender/IASC%20Gender %20Handbook%20(Feb%202007).pdf) B. Preventing Sexual Exploitation and Abuse (SEA), including Building Safer Organisations 1. Resources a. Inventory of Sexual Exploitation and Abuse Materials http://ochaonline.un.org/OchaLinkClick.aspx?link=ocha&docId=1072750 b. SEA Document Library http://ochaonline.un.org/HumanitarianIssues/ProtectionfromSexualExploitationandAbuse/ SEADocumentLibrary/tabid/4593/Default.aspx 2. Codes of Conduct and Policies a. Secretary-General’s Bulletin: Special measures for protection from sexual exploitation and sexual abuse, 9 October 2003 (ST/SGB/2003/13). http://ochaonline.un.org/OchaLinkClick.aspx?link=ocha&DocId=1001083 b. The Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief (ICRC). www.icrc.org/web/eng/siteeng0.nsf/htmlall/57JMNB#a3 c. ECPAT International Secretariat Child Protection Policies and Procedures (2006) http://www.ecpat.com/EI/PDF/Care_&_Protection/Child_Protection_Policies.pdf 3. Guidelines a. Building Safer Organisations Guidelines: Receiving and investigating allegations of abuse and exploitation by humanitarian workers. ICVA, www.icva.ch/doc00002028.pdf b. Implementation Guidelines for the Field on the Secretary-General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse (ST/SGB/2003/13) http://ochaonline.un.org/OchaLinkClick.aspx?link=ocha&DocId=1001090 Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 3 4. Toolkits and Training Modules a. Film “To Serve With Pride: Zero Tolerance for Sexual Exploitation and Abuse” and film facilitation guide; UN/NGO Task Force on Protection from Sexual Exploitation and Abuse. Film available in English, French and Spanish (contact UNICEF at sritsema@unicef.org). Facilitation guide available at: http://ochaonline.un.org b. Building Safer Organisations Handbook: Training materials on receiving and investigating allegations of abuse and exploitation by humanitarian workers, ICVA. www.icva.ch/doc00002029.pdf c. Child-Safe Organisations Training Toolkit: A practical child protection tool for grassroots organizations. Save the Children UK and ECPAT International, July 2006. In English at: http://www.ecpat.com/EI/PDF/Care_&_Protection/CSO_Traning_Toolkit_eng.pdf Also available in Bahasa Indonesian. Contact UNICEF at: sritsema@unicef.org d. Child-Safe Organisations: Self-Study Manual. Save the Children UK and ECPAT International, July 2006. Also available in Bahasa Indonesian. http://www.ecpat.com/EI/PDF/Care_&_Protection/CSO_SelfStudyManual_eng.pdf Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 4 II. HUMAN RIGHTS LAW A. International 1. Core Legal Texts (All of the below can be found at: http://www2.ohchr.org/english/law/index.htm#core, except where otherwise noted.) a. International Bill of Human Rights, including the Universal Declaration of Human Rights 1948 (UDHR) b. The Core International Human Rights Instruments and their monitoring bodies: i. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) ii. International Covenant on Civil and Political Rights (ICCPR) iii. International Covenant on Economic, Social and Cultural Rights (ICESCR) iv. Convention on the Elimination of Discrimination against Women (CEDAW) v. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) vi. Convention on the Rights of the Child (CRC) and its two optional protocols o Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (OP-CRC-AC) o Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography (OP-CRC-SC) vii. International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) c. Universal Human Rights Instruments, particularly: i. Instruments on the rights of particular groups (women, the elderly, disabled, children, migrants, labourers, indigenous peoples and minorities) ii. The Geneva Conventions d. Convention and Protocol relating to the Status of Refugees (http://www.unhcr.org/cgibin/texis/vtx/protect/opendoc.pdf?tbl=PROTECTION&id=3b66c2aa10) Forthcoming, not yet into force: International Convention for the Protection of All Persons from Enforced Disappearances Convention on the Rights of Persons with Disabilities 2. Core Guiding Principles (“Soft Law”) a. Guiding Principles on Internal Displacement http://www.unhchr.ch/html/menu2/7/b/principles.htm) See also: http://www.idpguidingprinciples.org/ 3. Training tools and Other publications A considerable range of these has been put out by OHCHR, including on using Human-Rights Based Approaches. An initial sampling of training tools, etc is available at: http://www.ohchr.org/EN/PublicationsResources/Pages/TrainingEducation.aspx http://www.undg.org/index.cfm?P=221 B. National Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 5 III. RULE OF LAW AND JUSTICE A. International 1. OHCHR Rule-of-Law tools for post-conflict states (http://www.ohchr.org/EN/PublicationsResources/Pages/SpecialIssues.aspx) Truth commissions (available in Arabic, English, French) Mapping the justice sector (available in Arabic, English, French) Monitoring legal systems (available in Arabic, English, French, Spanish) Prosecution initiatives (available in Arabic, English) Vetting: an operational framework (available in Arabic, English) 2. Good Governance Practices for the Protection of Human Rights, OHCHR http://www.ohchr.org/EN/PublicationsResources/Pages/SpecialIssues.aspx) 3. The OECD DAC Handbook on Security System Reform (SSR): Supporting Security and Justice http://www.oecd.org/dataoecd/43/25/38406485.pdf 4. UNDP note on early recovery in the protection and rule of law sectors 5. Gender & Security Sector Reform Toolkit, Geneva Centre for the Democratic Control of Armed Forces (DCAF) (2008). (http://www.dcaf.ch/gender-security-sector-reform/gssrtoolkit.cfm?navsub1=37&navsub2=3&nav1=3) Includes sections on: Security Sector Reform and Gender Police Reform and Gender Defence Reform and Gender Justice Reform and Gender Penal Reform and Gender Border Management and Gender Parliamentary Oversight of the Security Sector and Gender National Security Policy-Making and Gender Civil Society Oversight of the Security Sector and Gender Private Military and Security Companies and Gender SSR Assessment, Monitoring and Evaluation and Gender Gender Training for Security Sector Personnel B. National Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 6 IV. PREVENTION AND RESPONSE TO GBV A. International 1. Fact Sheets/Background a. Fact Sheet: Gender-Based Violence in Populations Affected by Armed Conflict: A Field Guide for Displaced Settings, RHRC Consortium, 2004. http://www.rhrc.org/pdf/Fact%20Sheet%20for%20the%20Field.pdf b. If Not Now, When? Addressing Gender-Based Violence in Refugee, Internally Displaced, and Post-Conflict Settings, RHRC Consortium, April 2002. http://www.rhrc.org/pdf/gbvintro.pdf c. Understanding the Issue: An Annotated Bibliography on GBV, USAID, May 2006. http://www.humanitarianreform.org/humanitarianreform/Portals/1/cluster%20approach%2 0page/clusters%20pages/Gender/Gender%20Toolkit/iii-%20USAID%20%20Understanding%20GBV.pdf d. UN Security council resolution 1325 (2000) (English and Bahasa Indonesian) 2. Guidelines & Handbooks a. IASC Guidelines for GBV Interventions in Humanitarian Settings: Focusing on Prevention of and Response to Sexual Violence in Emergencies, IASC, 2005. English: http://www.rhrc.org/pdf/GBV_guidelines_Eng_09_13_05.pdf Bahasa Indonesia: http://www.rhrc.org/pdf/IASC%20GBV%20Guideline%20in%20Bahasa.pdf Also in French, Spanish, Arabic b. Sexual and Gender-Based Violence Against Refugees, Returnees and InternallyDisplaced Persons: Guidelines for Prevention and Response (Synopsis), RHRC Consortium/JSI Research and Training Institute, 2004. http://www.rhrc.org/pdf/Synopsis.pdf c. Clinical Management of Rape Survivors: Developing protocols for use with refugees and internally displaced persons, WHO, UNHCR, 2004. Available in English, French, Arabic http://www.rhrc.org/pdf/Clinical_Management_2005_rev.pdf d. Ethical and safety recommendations for researching, documenting and monitoring sexual violence in emergencies, WHO, 2007. http://www.who.int/gender/documents/OMS_Ethics&Safety10Aug07.pdf 3. Training Manuals & E-Learning Courses a. Communication Skills in Working with Survivors of Gender-Based Violence: A Five Day Training of Trainers Manual, RHRC Consortium, 2004. http://www.rhrc.org/resources/gbv/comm_manual/comm_manual_toc.html b. Facilitator’s Guide: Training Manual for Multisectoral and Interagency Prevention and Response to Gender-based Violence, RHRC consortium (2004) http://www.rhrc.org/resources/gbv/gbv_manual/gbv_manual_toc.html c. Minimum Initial Services Package (MISP) for Reproductive Health in Crisis Situations: A distance learning module; Chapter 3: Prevent and Manage the Consequences of Sexual Violence, RHRC Consortium. http://www.rhrc.org/resources/misp/ (available in English and French) 4. Field Tools a. Checklist for Action: Prevention and Response to Gender-Based Violence in Displaced Settings, RHRC Consortium, 2004. http://www.rhrc.org/pdf/Checklist.pdf b. Resource Tools for Implementing the Guidelines for GBV Interventions in Humanitarian Settings, RHRC Consortium, 2007. http://www.rhrc.org/resources/index.cfm?sector=gbv Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 7 c. GBV Tools Manual for Assessment, Program Design and Evaluation, RHRC Consortium, 2003. Available in English and French, and partially in Arabic. http://www.rhrc.org/resources/gbv/gbv_tools/manual_toc.html d. A Practical Approach to GBV: A Programme Guide for Health CARE Providers and Managers, UNFPA (2001). www.unfpa.org/upload/lib_pub_filename_gender.pdf * A list of resources for supporting adolescent reproductive health, including GBV, in emergency settings can be found at: http://www.rhrc.org/resources/adolescents/ARH_MR_list2.html B. National 1. Standar Nasional Penanggulangan bencana responsif gender, Ministry of Women Empowerment (MOWE) guideline (2008), Bahasa Indonesian. Contact UNFPA at harijanti@unfpa.org 2. IEC materials on Violence Against Women in displacement, BKKBN (2008), Bahasa Indonesian. Contact UNFPA at harijanti@unfpa.org Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 8 V. PROTECTION OF CHILDREN AND ADOLESCENTS A. International 1. Core Legal Text a. Convention on the Rights of the Child (CRC) and its two optional protocols Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (OPCRC-AC) Optional Protocol to the CRC on the Sale of Children, Child Prostitution, and Child Pornography (OP-CRC-SC) 2. Core Guiding Principles a. Inter-agency Guiding Principles on Unaccompanied and Separated Children, 2004. (http://www.unhcr.org/cgibin/texis/vtx/protect/opendoc.pdf?tbl=PROTECTION&id=4098b3172) b. Inter-Agency Guiding Principles on Separated Children in the Tsunami-Affected Countries, January 2005. http://www.savethechildren.org.uk/en/docs/guiding_principles_sep_children.pdf c. Inter-Agency Guiding Principles on Psychosocial Care and Protection of Tsunami affected Children. January 2005. www.iicrd.org/cap/files/Psychosocial%20Guiding%20Principles%20Tsunami.doc d. The Paris Commitments to protection children from unlawful recruitment to protect children from unlawful recruitment or use by armed forces or armed groups (Consolidated Version). http://www.un.org/children/conflict/_documents/pariscommitments/ParisCommitments_EN .pdf commitments by ministers and representatives of country governments e. The Paris Principles: Principles and Guidelines on Children Associated with Armed Forces or Armed Groups, 31 January 2007. (for those implementing programmes) http://www.un.org/children/conflict/_documents/parisprinciples/ParisPrinciples_EN.pdf 3. Fact Sheets/Background a. Untapped Potential: Adolescents Affected by Armed Conflict – A Review of Programs and Policies, Women’s Commission for Refugee Women and Children, 2000. www.womenscommission.org/pdf/cap_ysofinal_rev.pdf b. Youth Speak Out: New Voices on the Protection and Participation of Young People Affected by Armed Conflict, Women’s Commission for Refugee Women and Children, 2005. www.womenscommission.org/pdf/cap_ysofinal_rev.pdf c. Fact Sheet: Adolescent girls affected by violent conflict, Women’s Commission for Refugee Women and Children, 2005. www.womenscommission.org/pdf/AdolGirls.pdf 4. Guidelines and Handbooks a. Child Protection in Emergencies: Priorities, Principles and Practices, Save the Children, December 2007 http://www.crin.org/docs/protectemerg.pdf) b. Protecting Children from Sexual Exploitation and Sexual Violence in Disaster and Emergency Situations: A guide for local and community-based organizations, ECPAT (2006) (www.ecpat.net/eng/pdf/Protecting_Children_from_CSEC_in_Disaster.pdf) c. Youth Speak Out: One-Page Reference Guides (programming for the Protection and Participation of Young People Affected by Armed Conflict), Women’s Commission for Refugee Women and Children, 2005.http://www.womenscommission.org/pdf/cap_ones.pdf d. Facing the Crisis: Supporting Children Through Positive Care Options, Save the Children, 2005. www.crin.org/docs/3306_FacingtheCrisis[1].pdf Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 9 e. Refugee Children: Guidelines on Protection and Care, UNHCR, 1994. www.unhcr.org/cgibin/texis/vtx/protect/opendoc.pdf?tbl=PROTECTION&id=3b84c6c67 5. Training Manuals & E-Learning Courses a. Introduction to Child Protection in Emergencies: An Interagency Modular Training Package. CD-ROM Training produced by eight (8) agencies, 2008. contact UNICEF at sritsema@unicef.org 6. Field Tools a. Assessments: (1) Inter-Agency Rapid Assessment Toolkit on Child Protection in Emergencies. UNICEF, Save the Children UK, IRC. Forthcoming in 2008-09. Contact UNICEF at sritsema@unicef.org for more information. b. Comprehensive Child Protection Tools: (1) Action for the Rights of Children: A tool to assist practitioners in providing protection and care for refugee and displaced children. Inter-agency. www.savethechildren.net/arc/files/main.html c. Separated Children (1) Separated Children: Care and Protection of Children in Emergencies – A Field Guide. Save the Children Federation, 2004. www.savethechildren.org/publications/technical-resources/childsurvival/SEPARATED_CHILDREN_CONTENTS.pdf (2) The Lost Ones: Emergency Care and Family Tracing for Separated Children from Birth to Five Years, 2007. www.crin.org/docs/The%20Lost%20Ones.pdf (3) Inter-agency Child Protection Database. A case-management system designed for protection of children in emergencies. Managed by a steering committee of UNICEF, Save the Children UK, and IRC. Contact UNICEF at sritsema@unicef.org for more information. d. Psychosocial (1) Laugh, Run and Move To Develop Together: Games with a Psychosocial Aim, Terre des hommes, 2007. http://tdhchildprotection.org/component/option,com_doclib/task,showdoc/docid,493/ (2) Psychosocial Interventions – Training Manual. Save the Children UK, Pakistan Programme. Contact UNICEF at sritsema@unicef.org (3) Child-Friendly Spaces manual, UNICEF. Forthcoming in 2008. B. National 1. Legal Text a. Republic of Indonesia Child Protection Law 23, Year 2002. b. Indonesian Government Policy on Separated Children, Unaccompanied Children and Children left with One Parent in Emergency Situations, 19 February 2005. www.crin.org/docs/Indonesian%20Ministry%20of%20Social%20Affairs%20%20Policies%20on%20Tsunami%20.doc c. Minister of Home Affairs of the Republic of Indonesia Guidelines for the Registration of Adoptions. 31 January 2005. Contact UNICEF at sritsema@unicef.org 2. Training Manuals & E-Learning Courses a. Electronic training modules on Child Rights and Child Protection and Child Protection in Emergencies. UNICEF Indonesia, 2008. forthcoming in English and Bahasa Indonesian. Contact sritsema@unicef.org. Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 10 b. Child Protection in Emergencies: A Toolkit for Fieldworkers on Initial Responses and Relief Stages. UNICEF Indonesia, Save the Children UK (Indonesia), University of Indonesia, Indonesia Ministry of Social Affairs (DepSos), 2008. Forthcoming in English and Bahasa Indonesian. Contact UNICEF at sritsema@unicef.org. C. Tsunami-Related 1. Inter-Agency Guiding Principles on Separated Children in the Tsunami-Affected Countries, January 2005. http://www.savethechildren.org.uk/en/docs/guiding_principles_sep_children.pdf 2. Inter-Agency Guiding Principles on Psychosocial Care and Protection of Tsunami affected Children. January 2005. www.iicrd.org/cap/files/Psychosocial%20Guiding%20Principles%20Tsunami.doc 3. Children and the Tsunami, A Year On – A Draft UNICEF Summary of What Worked. UNICEF, 2005. www.unicef.org/infobycountry/files/WhatWorked.pdf 4. Protecting and Promoting the Legal Rights of Tsunami Children without Primary Caregivers and/or Living with Extended Family Members in Nanggroe Aceh Darussalam (NAD) – Pilot Needs Assessment Report. International Development Law Organization (IDLO), August 2007. http://www.idlo.org/publications/16.pdf Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 11 VI. PROTECTION OF PERSONS OR GROUPS OF PERSONS WITH SPECIFIC PROTECTION NEEDS7 A. Internally-Displaced Persons 1. Handbook for the Protection of Internally-Displaced Persons (http://www.humanitarianreform.org/humanitarianreform/Portals/1/cluster%20approach%20pa ge/clusters%20pages/Protection/Protection%20Handbook/IDP%20Handbook_Complete_FIN AL%20Jan%2008.pdf) 2. Operational Protection in Camps and Settlements: A Reference Guide of Good Practices in the Protection of Refugees and Other Persons of Concern, UNHCR (2006) (http://www.humanitarianreform.org/humanitarianreform/Portals/1/cluster%20approach%20pa ge/clusters%20pages/Protection/Operational%20Protection%20in%20Camps%20Ref%20Gui de_UNHCR%202006.pdf) B. Women and Girls 1. UNHCR Handbook for the Protection of Women and Girls (2008) http://www.unhcr.org/protect/PROTECTION/47cfae612.html 2. Women, Girls, Boys and Men: Different Needs – Equal Opportunities, IASC Gender Handbook in humanitarian action (2006) (http://www.humanitarianinfo.org/iasc/content/documents/subsidi/tf_gender/IASC%20Gender %20Handbook%20(Feb%202007).pdf) 3. The urgency of equality: ending discrimination against women and its consequences in emergency situations, Chapter 5 of the World Disasters Report, IFRC, 2007. www.ifrc.org/Docs/pubs/disasters/wdr2007/WDR2007-English-5.pdf 4. Gender & Security Sector Reform Toolkit, Geneva Centre for the Democratic Control of Armed Forces (DCAF) (2008). (http://www.dcaf.ch/gender-security-sector-reform/gssrtoolkit.cfm?navsub1=37&navsub2=3&nav1=3) C. Minorities Overcoming multiple disasters: discriminating against minorities, Chapter 2 of the World Disasters Report, IFRC, 2007. www.ifrc.org/Docs/pubs/disasters/wdr2007/WDR2007-English-2.pdf D. Elderly 1. Strong and Fragile: Learning from Older People in Emergencies, HelpAge International/IASC/UNFPA, 2007. www.humanitarianreform.org/humanitarianreform/Portals/1/cluster%20approach%20page/clu sters%20pages/Protection/Strong%20and%20fragile.pdf 2. Older People in Disasters and Humanitarian Crises: Guidelines for Best Practice, HelpAge International and UNHCR, 2000 www.globalaging.org/armedconflict/countryreports/haigiudelines.pdf 3. Older People and Discrimination in Crisis, Chapter 3 of the World Disasters Report, IFRC, 2007. www.ifrc.org/Docs/pubs/disasters/wdr2007/WDR2007-English-3.pdf 4. The Protection of Older Persons and Persons with Disabilities, UNHCR and the Economic and Social Commission for Asia and the Pacific, October 2007. www.unescap.org/esid/psis/meetings/ageingmipaa2007/UNHCR.pdf 7 The Protection Cluster in Indonesia has defined this to include the following groups in particular: IDPs, women and girls, single-headed households, minorities, migrants, elderly, youth, persons with disabilities, those in institutions (including prisons, mental health facilities, etc), house-bound persons, and others not accessing services either by oversight of aid agencies or by their own limitation. Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 12 5. Protecting and Assisting Older People in Emergencies, HPN Paper 53, ODI, 2005. www.reliefweb.int/rw/lib.nsf/db900SID/OCHA6K4GD3/$FILE/networkpaper053.pdf?OpenElement E. Youth 1. The Participation of Children and Young People in Emergencies: A guide for relief agencies, based largely on experiences in the Asian tsunami response, UNICEF, October 2007. www.unicef.org/eapro/the_participation_of_children_and_young_people_in_emergencies.pdf 2. Untapped Potential: Adolescents Affected by Armed Conflict – A Review of Programs and Policies, Women’s Commission for Refugee Women and Children, 2000. www.womenscommission.org/pdf/cap_ysofinal_rev.pdf 3. Youth Speak Out: New Voices on the Protection and Participation of Young People Affected by Armed Conflict (http://www.womenscommission.org/pdf/cap_ysofinal_rev.pdf) and Onepage reference guides for working with youth (http://www.womenscommission.org/pdf/cap_ones.pdf). Women’s Commission for Refugee Women and Children, January 2005. 4. A list of resources for supporting adolescent reproductive health, including GBV, in emergency settings can be found at: http://www.rhrc.org/resources/adolescents/ARH_MR_list2.html F. Persons with Disabilities Disability and disasters: towards an inclusive approach, Chapter 4 of the World Disasters Report, IFRC, 2007. www.ifrc.org/Docs/pubs/disasters/wdr2007/WDR2007-English-4.pdf The Protection Cluster also recognizes and aims to support the needs of Single-Headed Households, Migrants, Persons in institutions (including prisons, mental health facilities, etc) and House-bound persons. Materials and guidelines on working with people and groups in these areas will be added as they become available. Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 13 VII. LAND, HOUSING AND PROPERTY ISSUES 1. Handbook on Housing and Property Restitution for Refugees and Displaced Persons: Implementing the "Pinheiro Principles", March 2007, (English only) http://www.ohchr.org/Documents/Publications/pinheiro_principles.pdf 2. Housing Rights Legislation (published jointly with UN-HABITAT) http://www.ohchr.org/Documents/Publications/HousingRightsen.pdf 3. Guidelines & Toolkit for Post-Disaster Land, Tenure and Property, Early Recovery Cluster (implementing partners: UN-HABITAT, FAO, UNHCR), IASC. Draft for Peer Review available from Esteban Leon, focal point UN-HABITAT for LHP (leon.unhabitat@unog.ch). See also www.gltn.net/post_disaster. 4. People’s Process in Post-disaster and Post-conflict Recovery and Reconstruction. UN-HABITAT. 2007. (Includes a toolkit for community-based assessments of LHP issues. Hard copy only.) http://www.fukuoka.unhabitat/ 5. Transitional Settlement; Displaced Populations, edited by Corsellis and Antonella Vitale, Shelter Project, University of Cambridge and Oxfam, 2005. www.sheltercentre.org/shelterlibrary/publications/112.htm 6. Chapter 4: Minimum Standards in Shelter, Settlement and Non-Food Items, in: The Sphere Project: Humanitarian Charter and Minimum Standards in Disaster Response, Geneva, 1999, 2004. See http://www.sphereproject.org/. An extensive library of English and Bahasa Indonesia documents in relation to land, housing and resettlement issues in the context of disaster response in Indonesia is available at www.unhabitat-indonesia.org. This includes in-depth documents on community land adjudication, the rights of heirs in Indonesia and other specialized subjects. UN-HABITAT’s Global Land Tool Network (GLTN) is an acknowledged knowledge network on land and tenure issues (www.unhabitat.org). Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 14 VIII. TOOLS IN BAHASA INDONESIAN (tools listed above are re-listed here for easier reference) 1. Child-Safe Organizations Training Toolkit: A practical child protection tool for grassroots organizations. Save the Children UK and ECPAT International, July 2006. In English and Bahasa Indonesian. Contact UNICEF at sritsema@unicef.org 2. IASC Guidelines for GBV Interventions in Humanitarian Settings: Focusing on Prevention of and Response to Sexual Violence in Emergencies, IASC, 2005. Bahasa Indonesia: http://www.rhrc.org/pdf/IASC%20GBV%20Guideline%20in%20Bahasa.pdf 3. Standar Nasional Penanggulangan bencana responsif gender, Ministry of Women Empowerment (MOWE) guideline (2008), Bahasa Indonesian 4. IEC materials on VAW (Violence Against Women) in displacement, BKKBN (2008), Bahasa Indonesian 5. E-training modules on “Child Rights and Child Protection” and “Child Protection in Emergencies.” UNICEF Indonesia, 2008. forthcoming in English and Bahasa Indonesian. Contact sritsema@unicef.org. 6. Child Protection in Emergencies: A Toolkit for Fieldworkers on Initial Responses and Relief Stages. UNICEF Indonesia, Save the Children UK (Indonesia), University of Indonesia, Indonesia Ministry of Social Affairs (DepSos), 2008. In English and Bahasa Indonesian. Contact UNICEF at sritsema@unicef.org. Annex A - Key Tools, Guidelines and Normative Frameworks Protection Cluster in Indonesia – updated 15 July 08 15 Annex B – Summary of Lessons Learned and Recommendations, Protection Cluster Response to the Yogyakarta Earthquake, 2006-07 1) Selection on the Protection Cluster, taken from “The Humanitarian Cluster Response to the JAVA Earthquake, 2006-2007: One Year Review, July 2006.” (Pages 21-23) Protection Background The protection cluster was established within a few days of the earthquake, with the objectives of addressing protection of children, vulnerable groups, gender, and potential land/ housing rights and legal justice concerns. Within the first weeks following the earthquake, the cluster had mapped potential protection needs using data related to housing damage and levels of injury, death and poverty. This mapping provided the protection cluster with an indication of areas where individuals might be prone to increased vulnerability, due to their socio-economic status and the (uneven) impact of the earthquake. This data was used to inform planning of geographical interventions and coordination of organizations working on protection-related issues. Two months after the earthquake, an inter-agency child protection assessment was conducted. It indicated increased levels of violence, abuse and exploitation in communities associated with protracted poor shelter conditions and loss of livelihood. Although acute accidental separation of children was not deemed a concern immediately after the earthquake, increasing incidents of secondary separation were identified in following months, again directly correlated to loss of livelihood and poor shelter conditions. Land/ rights and legal justice issues were not found to be a concern during the emergency and recovery and rehabilitation phase of the Java earthquake, unlike other places in the aftermath of a large-scale natural disaster, such as the tsunami of December 2004. Coordination UNICEF assumed the role of overall coordinator of the protection cluster together with relevant government authorities. From 31 May 2006, cluster meetings in Yogyakarta were co-chaired with DepSoS (national Department of Social Affairs) and DinSos (provincial Office of Social Affairs) while meetings in Klaten (Central Java) were co-chaired with the coalition of local NGO’s. Following the official end of the emergency phase, four working groups were established under the overall umbrella of the protection cluster, namely Child Protection, Psychosocial Support, Gender and Disability. Key technical organizations and relevant authorities --such as Kantor Pemberdayaan Perempuan - KPP (Office of Women’s Empowerment), DinSos and the coalition of local NGO’s-- played a central role in chairing individual working groups and feeding back to the wider protection cluster on a weekly basis. Furthermore, the working groups allowed for focused technical consultation and closer coordination, given the broad nature of protection interventions. In the initial emergency phase, 25 to 30 organizations – a mix of international agencies, national and local NGOs, and some academic institutions-- attended the protection cluster meetings. The vast majority of actors were focused upon child protection and psychosocial programmes. Following the end of the emergency phase, the protection cluster experienced a marked decrease in participation, as organizations felt less need for coordinating their medium term programmes in the field. Furthermore, the dynamics of protection concerns increasingly necessitated long-term programming, falling outside the scope of emergency coordination. Interestingly, the four working groups continue to meet under the leadership of relevant local authorities and key technical organizations, following the closure of the protection cluster in November 2006. Inter-Agency Protection Cluster in Indonesia Contingency and Preparedness Plan - 2008 1 Activities The vast majority of actors within the protection cluster were focused upon child protection, specifically with a view to psychosocial support to children and communities at large. 230 safe spaces for children were established by international and national NGOs, including 128 in Bantul, 80 in Klaten, 7 Sleman, 2 in Magelang, 10 in Sukohargo and 3 in Gunung Kidul. Meanwhile, 17 mobile teams were operating in Bantul and 8 mobile teams in Klaten, all aimed at providing both a safe environment for children to play and be together, while also providing basic psychosocial support. Importantly, children’s centres also provided community-based hubs with trained professionals to address child protection issues within the community and increase access to referral networks for specialized services. In the recovery phase, children’s centres also focused on bolstering outreach capacities for child protection including distribution of recreation kits. Capacity building was a key activity amongst actors in the protection cluster. An array of specialized training was conducted with key stakeholders at various levels with a view to enhancing specialized expertise, while also increasing coverage and sustainability. Key areas for capacity building initiatives included: Psychosocial support within communities at large and specialized intervention; Training of local authorities and staff of children’s centres regarding identification, registration and follow up of vulnerable children; Specialized training on child protection, abuse prevention, response and monitoring aimed at children, communities, NGO’s/ CBO’s and provincial, district and sub-district level officials; Training and deployment of law enforcement agencies to address increasing levels of violence, exploitation and abuse; Training of sub-district level officials on practical tools for monitoring and reporting incidents of trafficking Strengthening the referral mechanism to respond to violence, exploitation, abuse and trafficking was an integral activity of the protection cluster, and remains a key activity of protection actors and relevant authorities on the ground. Secretariats have been established under the leadership of DinSos to act as centralized hubs for information pooled from key actors and relevant authorities. The secretariats have become an integral tool for referral and case follow-up, as well as for monitoring overall protection issues in the earthquake-affected areas. Agencies and authorities scaled up efforts to disseminate information on referral mechanisms and centralized hubs through up-grading directories, with wide dissemination within earthquake affected communities. As loss of livelihood and protracted poor living conditions remained a reality well beyond the emergency period, the on-going risk of exploitation and abuse of women and children as well as secondary separation of children necessitated longer-term capacity building. Thus, there was a strong focus on bolstering the capacity of communities, community-based organizations, and relevant authorities in preventing, responding to and monitoring violence, abuse and exploitation within communities. A number of organizations, both international and national, have continued to support initiatives both within communities and with the Government law enforcement agencies to strengthen mechanisms for the prevention and response to violence, exploitation and abuse. Public information campaigns were conducted with protection actors, local authorities and media as a means of both raising awareness for prevention and response, and to reduce stigma surrounding victims of child abuse. Key messages on psychosocial issues, trafficking, violence, exploitation and abuse were disseminated through local media. Lack of access and mainstreaming of protection concerns within wider relief efforts was identified as a concern amongst actors and called for cross-sectoral advocacy. Each working group under the protection cluster developed guidelines on mainstreaming protection within wider relief efforts, both in terms of access and prioritisation. In some instances, specialized tools were developed such as guidelines on mainstreaming disability within Shelter and Reconstruction. It should be noted that there were few organizations with expertise to work on protection issues concerning the elderly, and this was noted as a gap even within the cluster. Annex B – Summary of Lessons Learned and Recommendations from Yogya Earthquake Protection Cluster in Indonesia 2 Remaining Needs As in other post-disaster situations, there has been a “lag” in the manifestations of violence, abuse and exploitation of children, as shown by the assessment two months after the earthquake. The stress of destroyed homes and livelihoods impacts heavily on families, particularly on children -- thereby requiring longer-term programmes to address the issues. A number of actors continue to work closely with local authorities to strengthen the referral mechanism. Furthermore, these agencies are working closely with communities and CBO’s to strengthen community -based initiatives and mechanisms to prevent, respond and monitor. Wider psychosocial programmes have largely ceased as needs have reduced, while specialized needs remain within referral networks for case follow up. 2) Summary of Lessons Learned and Recommendations presented in “UNICEF’s Experiences with Protection Cluster Leadership in the First Months of the Humanitarian Response to the Central Java Earthquake – Fourth Draft”, 14 October 2007. Lessons Learned and Recommendations - It is important that it be made clear right from the beginning of the establishment of the Protection Cluster that, while the Cluster may be lead by an organization with a mandate limited to one vulnerable group, the role of the Cluster is to address the full spectrum of protection issues affecting all vulnerable groups. - Due to the wide variety and nature of protection concerns that emerge in certain emergency settings, it is sometimes unrealistic to expect that 1) one single group can address all the issues identified in a coherent and comprehensive manner and 2) organizations that have a very specific mandate will attend meetings where only part of the discussion is relevant to their work. The creation of WG to address specific protection issues/areas of concern that may emerge is one way to mitigate this problem. - If working groups are established, focal points should also be identified and held responsible for providing feedback to the wider Protection Cluster. They should demonstrate a commitment to involvement in the wider Protection Cluster process. - It is important to be aware that the creation of working groups to address separate protection issues can have a harmful impact on efforts to ensure commitment to and participation in wider protection coordination processes. - As a preparedness measure, prior to the onset of emergency, the IASC Guidance on Mental Health and Psychosocial Support in Emergency Settings should be widely disseminated and efforts made to get buyin and familiarize all stakeholders with the approach. - The creation of a separate Psychosocial Working group may have hindered efforts to effectively mainstream psychosocial support throughout all Protection activities. - Organizations and individuals will only participate in coordination processes if they themselves have something to gain from the process. There are a number of elements inherent in UN coordination and other processes, including Cluster Coordination, that can alienate local stakeholders. While some of these obstacles are inevitable, it is none-the-less important to develop strategies to mitigate them. - When necessary, as much as possible, processes, especially meetings and key documents (including Cluster deliverables and relevant international guidelines), should be provided in all relevant languages. - Efforts should be made to get organizational commitment, at higher-levels, to participation in the Cluster Coordination processes. Where possible, this should include the identification of a specific organizational Protection Cluster focal points in order to ensure continuity and consistency in participation. - Efforts should be made early on to clearly define a role for government stakeholders in the Cluster Coordination processes. In disaster-prone countries such as Indonesia, capacity building of government to participate in Cluster Coordination should be undertaken as an emergency preparedness measure. - In order to allow for effective programmatic and geographic gaps identification and analysis across the whole spectrum of protection issues falling under the Protection Cluster, it is important that the WWW mapping be disaggregated into these different issue areas - It is important to identify HR capacity dedicated to the development and management of the WWW mapping - Effort should be made to develop protection-specific impact mapping, as impact mapping in other areas (ex: measuring infrastructure damage) may not be appropriate or adequate to address protection gaps - There is limited understanding and priority on the part of the humanitarian community of the relevance and importance of protection issues in cases of natural disaster, especially when there is no displacement. Efforts should be made at HQ level to raise the awareness of all humanitarian Annex B – Summary of Lessons Learned and Recommendations from Yogya Earthquake Protection Cluster in Indonesia 3 - - - - stakeholders, and ensure specific training and guidance for protection staff, on the relevance of protection issues in a natural disaster contexts, included those not characterized by displacement. The Protection Cluster lacked requisite expertise in the area of Land, Housing and Property Issues. However, they identified two issues that may emerge, namely possible violations of the land rights of vulnerable groups, and possible confusion and conflicts over issues of compensation for destroyed and damaged houses. Although UN-Habitat has been identified by the IASC as an Agency of Responsibility for this sub-cluster area, they did not participate in the Protection Cluster. Staff at the field-level were unaware that their Agencies had made a commitment to lead. At ground level, there is very limited understanding or commitment on the part of other Clusters as to their roles and responsibilities to ensure that protection concerns and cross-cutting issues related to their respective clusters are addressed In light of the wide variety of issues that must be addressed by the Protection Cluster, if UNICEF is to act as Head of Cluster, staff capacity should be bolstered in order to ensure the expertise necessary to address wider protection concerns. It is important that the Head of Cluster be able to act independently of both their organization and its programmes in order to represent and address the best interests of the full spectrum of protection concerns. This independence can be difficult if the Head of Cluster is also responsible for the implementation of a programme. Annex B – Summary of Lessons Learned and Recommendations from Yogya Earthquake Protection Cluster in Indonesia 4