Abstract
This chapter attempts to discuss the link between the response of individuals and the State in times of natural disasters or calamities. The terrible disaster that struck some of the South and South Asian countries on 26 December 2004 provided ample opportunity for sociologists, and decision makers in matters affecting the public, to learn the behavioural pattern of individuals and the collective response coming in the form of State actions. At the time of the disaster, being a country torn apart by internal armed conflict, Sri Lanka had already suffered enough with a high toll of casualties. However, when the tsunami struck, violent politics was pushed back and humanity came to the forefront to play its real role. Those who watched the response from individuals, which cut across all barriers including the surrounding violent atmosphere, and compared it with the measures taken by the State in putting the relief machinery in motion, have tended to conclude that collective response is always constrained by extraneous elements. These elements are not ‘pure’ in their contribution towards alleviating the distress and suffering of the people at the time when it is relevant. The law, although considered to be collective wisdom and social response to human needs, sometimes fails to take into consideration the negative impacts of such extraneous elements which are inherent in all law-making endeavours. The raw human sentiments which flowed through the channel of humanity did not care for anything other than the cries in need coming from fellow human beings. It is proved that ‘collective wisdom’ cannot match the pace at which humanity flows, in the form of individual responses in cases of natural disaster; it is pure and natural in all its logic. In this sense, a question is raised as to whether there is any legitimacy in demanding obedience to the ‘collective wisdom’ which may actually play a negative role in the response to natural disasters.
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- 1.
Keith (2005).
- 2.
‘Unite to Assist the Affected–CBK’, The Island, 30 December 2004. http://www.island.lk/2004/12/30/news11.html.
- 3.
The Liberation Tigers of Tamil Eelam.
- 4.
‘Tamils are also human beings—LTTE Commander’, Tamilnet, 31 December 2004, http://www.tamilnet.com/art.html?catid=13&artid=13789.
- 5.
Puthinam, ‘Mullaiyil 50 vizhukadu veeduhale meelamaikappattulana: Imalda Sukumar” (Only 50% of the houses have been reconstructed in Mullaitivu: Imalda Sukumar), 24 December 2006 accessed at http://www.puthinam.com/full.php?22GmYcc3pW24d71k202JRZ4d37fN0bDbH2e2KRK3b3aJoe.
- 6.
‘Tsunami Billions at Sea’, Sunday Times, 23 December 2007. http://www.sundaytimes.lk/071223/News/news0001.html.
- 7.
These structures for coordination were set up within two days after the tsunami, whereas the Government took seven days to come up with a coordinating body. See Glasius (2005).
- 8.
The agreement set up three committees (A High Level Committee, A Regional Committee and District Committees with representation from the Government, LTTE and the Muslim parties) to manage the recovery process in six districts affected by the tsunami in the Northern and Eastern Provinces. A regional fund was set up to which all local and foreign aid received and allocated for the six districts, based on need-assessments conducted by the Government, were to be pooled in.
- 9.
Balasingham (2005).
- 10.
‘All foreign assistance should be directed through state, says Peiris (2005).
- 11.
Uyangoda (2006) argues the importance of maintaining a link between the post-tsunami recover process and the peace process. He notes: “Sri Lanka’s post-tsunami recovery process necessitates new ways for constructive handling of the ethnic conflict as well as the peace process in what (may be termed) ‘a conflict and peace sensitive’ recovery framework”. Further, he argues, “a sustainable recovery process can productively be linked to a program of state reform conceived in a framework of ‘deep federalization’” (Uyangoda 2006, 341).
- 12.
Jayatilleka (2005).
- 13.
It must be mentioned that there was significant opposition from the Muslim political leadership for not having included them in the negotiation process. Exclusion of the Muslims continues to be a recurring fault of Sri Lanka’s peace processes.
- 14.
There has always been a ‘consultative relationship’ between International Financial Institutions like the World Bank and the LTTE. See Burke and Mulakalan (2005).
- 15.
Mr. Kabir Hashim, Member of Parliament from the United National Party, filed a case against the then Prime Minister over the alleged irregularities in handling the relief funds.
- 16.
“More Questions than answers for PM’s ‘Helping Hambantota’ account”, Sunday Times, 31 July 2005, accessed on 02 February 2012.
- 17.
‘Helping Hambantota- no further probe necessary,’ Lanka Truth, 19 January 2006. http://www.Lankatruth.com/full_story/2006/jan/20060119.html.
- 18.
See critique by Pinto Jayawardena (2012).
- 19.
‘Rs. 53 billion of disbursed tsunami funds missing-TISL’, The Island, 6 December 2007. http://www.island.lk/2007/12/30/news11.html.
- 20.
‘CBK queries fate of Rs. 2,500 mn tsunami funds left in Central Bank,’ The Sunday Leader, 30 December 2007. http://www.thesundayleader.lk/2007/12/30/NEWS.HTM.
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Thamilmaran, V.T. (2018). Learning from Nature: Responding to Natural Disaster and the Need for a Multi-faceted Approach in Law. In: Reddy, S. (eds) The Asian Tsunami and Post-Disaster Aid. Springer, Singapore. https://doi.org/10.1007/978-981-13-0182-7_3
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