From this week, British expats or travellers who have been seriously injured
in overseas terrorist atrocities will be able to claim up to £500,000 in
compensation. Previously, people injured in terrorist attacks have only
qualified for compensation from the Criminal Injuries Compensation Scheme if
the incident happened in the UK. "We should support and compensate those
people who sadly have been injured in overseas terrorist atrocities,” said
justice minister Crispin Blunt in a statement. "While we will never be
able to put right the harm victims of terrorism suffer, we hope this scheme
will go some way towards helping them rebuild their lives." The
compensation will be available to people who were affected by six specific
incidents after January 2002: namely, the 2002 bombings in Bali, Indonesia; the
2005 minibus bombing in Kusadasi, Turkey; the 2005 Sharm el Sheikh terror
attacks; the 2006 bombings in Dahab, Egypt; the 2006 bomb attacks in Marmaris,
Turkey; and the 2008 at
Souce
: http://www.telegraph.co.uk
VIVAnews -
The UN human rights council in Geneva next month to discuss the possibility of
granting insurance or compensation for the victims of terrorism. If approved,
the compensation will be the new international law that must be complied with
all UN member states.Reported by The Guardian, compensation plans as
international law is based on reports Ben Emmerson, Special Rapporteur for the
UN counter-terrorism and human rights. Besides delivered at the UN Human Rights
council meeting in Switzerland on June 20, the report will also be read out at
the Emerson UN General Assembly in New York on 28 June.
Emmerson made following reports of suffering Will Pike, 31, a victim of
terrorism in Mumbai, India, 2008. Pike are disabled in the attack, said he did
not receive any financial aid from the government. Pike report was followed by
reports of other terror victims in Bali, Turkey, and Egypt.Victims of terrorism
in the UK can apply for compensation through the Criminal wound Compensation
Authority. The pay is between 1,000 pounds to 500,000 pounds sterling. However,
the process is considered to be long-winded and too long.
Life insurance.In his report to the UN later, Emerson urged insurance companies
in the United Nations member states to include "terrorist attacks" as
part of the submission of a life insurance policy. In addition, Emmerson also
urged insurance companies to provide medical care for their dependents who are
injured or killed in a terrorist attack while on vacation.
Emerson also said UN member countries should provide the necessary assistance
to victims of terrorism, including compensation and rehabilitation
If Emmerson report is accepted, then all UN members should use the new
international legal standards related to the treatment of the victims of
terror. UN member states also have to agree that terrorism is a violation of
human rights of the victims.Thus, the state is directly or indirectly be
involved in ensuring the welfare of the victims. (Ren)
Source : vivanews.com
People seriously injured or maimed by terrorist attacks across the world
would be granted automatic legal rights to compensation and rehabilitation
under far-reaching changes to rebalance international law in favour of victims,
a UN report will recommend next month.The report, drawn up by the UN's special
rapporteur on counter-terrorism and human rights, Ben Emmerson, a leading
British lawyer, will be welcomed by the UK government at a time when the
international legal system faces criticism for doing too much to protect the rights
of alleged supporters of terrorism, such as the radical cleric Abu Qatada.
Emmerson's report, details of which have been obtained by the Observer, is
to be presented to the UN human rights council in Geneva on 20 June and the
general assembly in New York on 28 June. It is understood to have support in
the Foreign Office and other UK departments, including the Home Office. The
report is also thought to have backing among Council of Europe members,
including Spain, which has led the international campaign to highlight the
rights of victims of terrorism.Emmerson will press the case for life insurance
policies, most of which do not at present cover people killed in terrorist
attacks, to pay up to bereaved next of kin. The proposals would also affect
travel insurance policies that cover medical and other care for those killed or
injured through terrorism while on holiday.
Source
: http://www.guardian.co.uk
It would apply when people were not covered by schemes in the country where
an attack took place. Currently compensation covers victims who are killed or
injured in terrorist incidents in the UK only. Although the measures will not
be fully retrospective, ministers said victims of terrorism overseas since 2002
would be eligible for compensation. Details of that part of the scheme would be
announced at a later date, Home Secretary Alan Johnson said.
Injuries suffered
Justice Secretary Jack Straw said: "Terrorism is intended as a
political statement and an attack on society as a whole. "Therefore it is
right that, as a tangible expression of sympathy, society should compensate the
victims of terrorist attacks abroad in recognition of the injuries
suffered." The government said the Victims of Overseas Terrorism Compensation
Scheme would broadly mirror the existing domestic criminal injuries
compensation scheme which operates in England, Scotland and Wales. The amount
of compensation would be calculated according to a tariff based on the
seriousness of injury. 'Ongoing consequences'The scheme was announced by
Mr Johnson, Mr Straw, Foreign Secretary David Milliband and Humanitarian
Assistance Minister Tessa Jowell. It will cover terrorist incidents abroad with
immediate effect. The scheme will also apply to victims of attacks since
January 2002 in recognition of those who "continue to face hardship as a
result of the ongoing consequences of a disability arising from the injuries
they sustained". It will be contained in the Crime and Security Bill which
is currently making its way through Parliament, and be administered by the
Glasgow-based Criminal Injuries Compensation Authority. Incidents where UK
victims of terrorism abroad and their families have campaigned for compensation
include attacks in Mumbai in 2008, Sharm al-Sheikh in 2005, and Bali in 2002. 'Rollercoaster
ride'Trevor Lakin, from Peterborough, has campaigned for a compensation
scheme since his son Jeremy Lakin, 28, and his son's girlfriend Annalie Vickers
were among the Britons killed in Sharm al-Sheikh. The father was in the House
of Commons to hear Mr Johnson make the announcement. Mr Lakin told the BBC News
website: "It's absolutely brilliant. We've been fighting for
four-and-a-half years to get this. "We came very close before Christmas
but that failed because the MoD wanted to clarify the position of military
personnel. "We were aware things were about to happen and I travelled down
to London to actually sit in the House to hear Alan Johnson say that. It's
fantastic." He added: "We always knew that retrospectivity was
difficult but I think the government realised that since 9/11 there were issue
for victims. "There was no way we could stand by and do nothing for all
those who have suffered. "It's been a rollercoaster ride trying to
persuade the powers that be that those affected deserve support."
Source
: http://news.bbc.co.uk
Compensation policy sought for civilian victims of terrorism
* Report says mere legislation against terrorists not enough
* No framework exists to compensate civilian victims of violence
By Manzoor Qadir
ISLAMABAD: The speakers at a discussion on Wednesday urged the authorities to
form a uniform as well as comprehensive policy and legislative framework for
awarding compensation money to the civilian victims of conflict and terrorism
in the country.
The speakers expressed these views at a lunching ceremony of a report titled,
“Compensating Civilian Victims of Conflict and Terrorism in Pakistan”. The
Institute of Social and Policy Sciences (ISAPS) published the report in
collaboration with the Foundation Open Society Institute (FOSI). Both the
institutes conducted an extensive research on the existing policies and
practices being adopted by federal and provincial governments for award of
compensation to the victims. The report offers an unprecedented review of the
available frameworks in this regard. The report unveiled by ISAPS Research
Fellow Dr Ali Ahmed Ali revealed, “Different regimes have been engaged in
making laws to curb terrorism and setting up special courts and tribunals for
the smooth prosecution of the accused involved in terrorism cases, but no one
paid heed to make proper laws regarding award of compensation to civilian
victims of conflict and terrorism." Dr Ali said that laws for the
war-injured existed in the constitution but no legislation was made for the
civilian victims of terrorism. “The issue of award of compensation money to the
civilian victims of terrorism and conflict only existed in the notifications
without any proper legislation,” he said. There was complete disparity of
awarding the compensation money to victims (deceased and injured both) among
all the four provinces and Gilgit-Baltistan (GB) in the country, he said.
Provincial government of Balochistan and Islamabad Capital Territory
Administration (ICTA) awarded Rs 0.4 million to the family of each deceased
whereas Khyber Pakhtunkhwa (KP) and GB governments paid Rs 0.3 million to
family of each victim (in case of death) of any bomb blast, target killing or
any other civilian conflict and terrorism incident, Ali said, adding that
provincial governments of Punjab and Sindh paid Rs 0.5 million each to the
families of the deceased, much higher than other provinces.
“The governments of Balochistan as well as GB and ICTA give Rs 0.1 million to
each person in case of major injury while Sindh and KP award Rs 0.2 million to
each injured. The compensation money in Punjab is much lower than all others as
it pays only Rs 75,000 against any major injury, while in case of minor
injuries, Balochistan, GB and ICTA give no compensation to the injured. Punjab
gives only Rs 5000, while KP government awards Rs 0.1 million each to the
minor-injured in blasts and suicide bombings,” he revealed.
Dir DCO Dr Ataur Rehman regretted that the report lacked inclusion of those
victims of FATA, PANA and the areas where military conducted operations. He
also raised question that the report did not discuss the total money spent on
the victims so far by the federal and provincial governments. The report did
not deal with the total money budgeted by the government to handle the ongoing
wave of terrorism, he stated.
Parliamentary Committee on Human Rights Chairman Riaz Fatyana assured that a
bill would be tabled in the assembly to support the victims of aggression. He
said efforts would be made to allocate permanent fund for victims in the fiscal
budget. Campaign for Innocent Victims of Conflict (CIVIC) Country Director
Micheal Shaikh observed that available evidence suggested that majority of the
victims of aggression incidents were civilians
Source
: http://www.dailytimes.com.pk
Risks Eligible for Terrorism Cover
It is possible to cover most types of commercial property under the scheme:
buildings, their contents, site property, construction projects and plant and
machinery. It is also possible to cover business interruption losses arising
from damage to such property. However, the scheme does not cover property
insured under marine, aviation or motor policies and it does not cover property
on licensed nuclear sites, for which separate arrangements are in place.
Because the Pool Re arrangements are concerned only with losses which follow
from damage to commercial property, it does not extend to life or personal
injury. Nor does the scheme protect private property, although it can cover
residential property insured by a firm (such as a block of flats owned by a
property company).
To be eligible for the scheme, the property must be located in England,
Scotland or Wales; it does not apply to property in Northern Ireland, the Isle
of Man or the Channel Islands. The property must normally be insured under a
general commercial policy issued by a Pool Re member covering conventional fire
and explosion damage. Members do not provide terrorism cover under the scheme
on a ‘stand-alone’ basis, i.e. in a policy covering terrorism only.
If a policyholder decides to extend their policy to include terrorism cover,
they must cover all the property they insure. They cannot use the scheme to
insure only part of their property portfolio for terrorism.
Source
: http://www.poolre.co.uk
Developing a national policy for compensating victims of
terrorism through research and dialogue with an interdisciplinary team of
practitioners and academics.
Following the 9/11 attacks, Congress promptly passed victim
compensation legislation to address the social, political and economic needs of
the nation. One consequence of Congress's expeditious provision of a
compensation fund was that important policy decisions regarding victim
compensation were made without much public participation or careful debate and
in the context of the federal government's effort to save the airline industry.
The fund that was established to supplant traditional tort actions was
administered by a special master who was given wide discretion in determining
the administrative procedures and compensation awards. Whatever the success of
the 9/11 Fund, few argue that an after-the-fact scheme is the best way to
address the important issues related to compensating victims of terrorism. At
the same time, the compensation funding scheme has gained some traction as a
policy option for compensating victims of mass torts. Variations on the funding
scheme were established after the 2007 I-35T Minnesota bridge collapse, the
2007 Virginia Tech shooting, and the recent BP oil spill.
This project addresses questions of how and to what extent to provide
compensation for victims of terrorism - through the generosity of charitable
organizations, a publicly-funded compensation scheme, private insurance, tort
suits or some combination. In the case of programmatic funding schemes like the
9/11 Fund, experts are analyzing the best administrative models for allocating
and distributing funds.
Source
: http://insct.syr.edu
On
Sept. 11, 2012, Linda St. Peter, Operations Manager for Prudential Connecticut
Realty in Wallingford, Conn., testified on behalf of NAR at the House Financial
Services Subcommittee on Insurance, Housing, and Community Opportunity hearing
on “TRIA at Ten Years: The Future of the Terrorism Risk Insurance
Program.” In her testimony, Ms. St. Peter urged Congress to extend the
Terrorism Risk Insurance Act (TRIA) beyond its current December 2014
authorization to ensure that adequate insurance coverage is available for our
nation’s businesses.
Following
the Sept. 11 attacks private insurers backed out of the terrorism insurance
marketplace prompting Congress to enact TRIA in 2002, a federal insurance
backstop that allows the federal government and private insurance companies to
share losses in the event of a major terrorist attack. The program has
since been reauthorized by Congress twice – in 2005 and 2007. TRIA helped
stabilize commercial real estate markets by making terrorism coverage available
and more affordable over time.
While
the cost and availability of terrorism insurance has generally improved,
currently there is concern that the uncertain future of TRIA may cause
insurance prices to fluctuate and prompt insurers to drop coverage. This became
evident in both 2005 and 2007 when private insurers became reluctant to offer
terrorism coverage due to the uncertainty regarding the program’s extension.
Ultimately,
the uncertainty of insurance pricing impacts the net operating income of
businesses and property values. The potential unavailability of terrorism
coverage could impact financing agreements and potentially hurt the fragile
commercial real estate recovery.
Source
: -terrorism-insurance-coverage.htm
In the absence of private
market innovations and solutions, sustaining a viable private market for
terrorism insurance depends on a federal backstop. The NAIC and state insurance
commissioners play an essential role administering the terrorism risk insurance
program—issuing timely guidance to insurers and consulting with the U.S.
Department of the Treasury and its Terrorism Risk Insurance Program Office.
The NAIC has played an
active role in fostering the program and providing assistance to insurers and
the federal government as the program is implemented. The NAIC and its members
have also testified before both houses of Congress on the need to extend the
program.
The NAIC’s Property and
Casualty Insurance Committee and its Terrorism Insurance Implementation Working
Group (TIIWG) recently adopted a model bulletin, including anexpedited filing form intended to help state insurance regulators advise insurers
about regulatory requirements related to providing terrorism insurance under
the revised program. The model bulletin provides guidance to insurers related to rate filings and
policy language that state regulators would find acceptable to protect U.S.
businesses from acts of terrorism. The model bulletin describes important changes
that are contained in the Act and informs insurers regarding whether rate and
policy form filings might be needed.
On December 19, 2007, the
Property and Casualty Insurance Committee and the Terrorism Insurance
Implementation Working Group adopted the Model Disclosure Forms [Form 1] [Form 2].
Insurers use the forms as drafted, they may modify the forms to meet individual
circumstances or use forms that are substantially similar. The U.S. Department
of the Treasury worked with the Committee and the Working Group to assure that
the disclosures satisfy the revised disclosure requirements in the Act.
The U.S. Department of
the Treasury also implements the Terrorism Risk Insurance Program. Their web
site provides updated information on the Program, including announcements of
all rulemakings, interpretive guidance, and requests for public comments.
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