81005454

open access

Version of Record

サイガイ フッコウ ニオケル サンカ ノ テツズキ ホショウ ニホン タイ インドネシア ノ ヒカク ケントウ

Participatory Procedures in Post-Disaster Recovery: A Comparative Legal Approach to Japan, Thailand and Indonesia

Japanese (日本語)

国際協力論集

21(2/3)

1-40

神戸大学大学院国際協力研究科

2014-01

2014-03-04

Institutionalization of civic participation in the disaster recovery has been an internationally well-established agenda in the Hyogo Framework for Action（HFA）, and echoed in domestic legislations such as Japan’s Law on Recovery in Great Disasters in 2013（art.3）, Thailand’s Constitution in 2007（art.66, 85）, and Indonesia’s Law on Disaster Management in 2007（art.4, etc.）. An inquiry into detailed legal designs of these disaster-related laws, however, reveals a tendency of tight governmental control, reflecting traditional frameworks of spatial planning law. The separation between the stages of “plan” and “project” is a common trend, where the former is completed within the hierarchical system of governmental decision-making while the latter involves a certain participatory process primarily addressed to the ownership holders. According to the fieldworks conducted by the author’s group in the disaster-affected areas of the Great East Japan Earthquake and Tsunami in 2011 and the Indian Ocean Tsunami in 2004, this separation seems to have resulted in limited disclosure in the decision-making process of post-disaster recovery planning, which prevents the early civic participation in the blue print of disaster recovery. A fundamental question is the policy choice in the spatial planning. Though the government-led structure of spatial planning was the product of the ideal of “social state” in the modern Western Europe to achieve the public welfare, it is now utilized for neo-classic purposes as a means of industrial stimulation by way of public-private partnership. It must be the task of contemporary law-making activities to design-in the moments for civic participation to step in the role of former “social state” which can realize the better balance between plural policy goals of the disaster recovery. Apart from the revision of national law on spatial planning, the autonomy of local ordinances must be an alternative way toward increased procedural protection for civic participation, as indicated in the successful cases of village-level recovery planning in the post-Indian Ocean Tsunami Aceh led by series of local ordinances（qanun） recognizing the legality of communal decisions.

紀要論文