A Process of Improvement of Law andInstitution in Disaster Management:
Lessons from East Japan
Yuka Kaneko
Professor, LL.D., Kobe University

Approach to the Process of Changesof Law and Institution in Disaster◆ Purpose: Understanding the needs for and observing theprocess of legal changes toward better disaster response◆ Factors of Change:▪ Types of Disaster: GEJET (tsunami) vs. Kobe (earthquake)▪ Social Needs: Charity (Market) → Welfare (State)▪ Philosophy of Infrastructure Building: Mitigation/Prevention▪ Change of Institutions: Political Regime; Local Autonomy…
◆ Focus: 1. Laws on emergency response
2. Laws on reconstruction of socio-economy◆ Methodology: Interviews with victims, localadministration, relevant institutions providing assistanceVolunteer activities
for coming closer
to victims

Interviews andQuestionnaires after
obtaining rapport

Events for encouraging
childrenevacuating from Tsunami

Emergency Rescue: Improved◆ 1961 Basic Law on Disaster Response• Repeated Reform →Improved Implementation:▪Horizontal assistance by other local governments (art.5-2)▪Concentration of commands to the Cabinet (art.28-2~-6)▪Encouragement of volunteer and other citizens’ initiatives▪Broader Initiative of Self-Defense Force (art.68-2)• Budgetary Support Guaranteed: tentative burden ofLocal Governments (art.91) → ultimate compensation
available by National Government (art.94)

Basic Assistance to Victims:
Discrepancies◆ Well-established Legal Regime:▪ Aides in Kind: 1947 Disaster Assistance Law▪ Monetary Aid: 1973 Condolence Money Law;
1998 Law for Rebuilding Victims’ Living▪ Livelihood Aid: 1962 Law on Budgetary Aid in Giant Disasters◆ Mismatch to the characteristic victims in GEJET▪ Present Regime: centering on victims who lost dwelling(=Urban type disaster e.g. Kobe earthquake)▪ GEJET: Majority of victims lost bases of livelihood→Measures for livelihood support in 1962 Law: insufficientProblems of Livelihood Support◆ Constitutional Limitation of public compensation for
private property (Const.89) →Right to Live (Const.25)?
◆ Failure of Legal Design: omission of Small-businesses(marine products; retailers) =backbone of local economy⇔Primary Industries: well-protected (e.g. subsidies throughFishermen’s Cooperatives)⇔Medium-size enterprises: protection by Soft-Loans→additional measures for Subsidies, Rehabilitation Funds◆ Budgetary & Institutional Limits in Reconstruction Stage:-Prefecture: concentrating on the most vulnerable people-Municipality: saving budgets for coming reconstruction stage;
can only afford to support medium-size enterprises

Reconstruction: in Delay◆ Ambiguous Form of Local Autonomy▪ Political Autonomy: 1947 Constitution/Local Autonomy Law▪ Administrative Autonomy: since 1999 LAL Reform(entrusted works→autonomous works)▪ Budgetary Autonomy: yet to see◆Undefined roles in Post-Disaster Reconstruction▪ Initiative of Municipality (Regional Disaster Prevention Plan)▪ Lack of Basic Reconstruction Law to detail the mandates▪ Fear of last minutes’ budgetary control :(⇔1995 Kobe: bargain of budget for Tokyo-led plan)Choices of Reconstruction Plan
Choice of AntiDisaster Measures

Legal Basis

Rehabilitation to1972 Law on Budgetary
High Grounds
Support of Collective
Rehabilitation(Safety)
1995 Special Law on
Strengthening of
Low Grounds
Reconstruction of(Safety+Mitigation) Disaster-hit Areas
Strengthening of
Proposed Law on
Individual Building City Planning against
Tsunami(Mitigation)

BudgetaryConsiderations

High Cost(civil works)
High Cost(compensationto ownership)
Low CostYamada Town
Population: 18,000 people
Industry: Fishing 10%; Marine Products 30%; others 60%
Specialties: Oysters; Yamada Festivals; Marine Tourism
Production: 35 billion Yen
Budget: 8 billion yen (dependent ratio: 80%)
History: 8th century: known for steel products
12th century: reigned by Hei Family
1643 a Dutch ship Breskens with 60 crews entered
Recorded Tsunami: 1611 Keicho Tsunami
1896 Meiji Sanriku Tsunami
1933 Showa Sanriku TsunamiYamada Style
Direct Democracy
For ReconstructionPlanningYamada Festival

Box for collecting answers
to Citizens’ Questionnaire

Experiments of Local Democracy
Yamada Town
(Direct Democracy )May/11June
JulyAug.
Sept.
Oct.
Dec.
Mar/12

Town meetings;
Questionnaire;
Mayer’s Council↓
Vision↓Public comments
Town meetings↓
Interim Principle↓
Reconstruction Plan↓
Urban Planning

Miyako City(60,000)

Kamaishi City(40,000)

Mayer’s Council
Town Meetings
Basic Principle↓↓
Basic Principle
Town Meetings;
Workshops
Questionnaire;↓Mayer’s Council
Reconstruction Plan↓
Reconstruction Plan ↓Urban Planning↓
Urban PlanningTentative Conclusion
From Prayers for Rescue(KAN-NON: Bodhisattva of salvation)©飛鳥園

To Endeavors for Future(MIROKU: Buddha for Future)