Transcript Document

Human Rights and Protection in
Natural Disasters
Session 2.3:
IASC OPERATIONAL GUIDELINES ON
THE PROTECTION OF PERSONS IN
SITUATIONS OF NATURAL
DISASTERS
(date) - (time)
Adapted from presentation developed by the Office of the Representative of the Secretary General on the Human Rights of
Internally Displaced Persons
Overview
• Introduction to Operational
Guidelines
• Exploring the 4 groups of rights
• Discussion
Underlying ideas
• All human rights are equally important
• But: people have different needs
according to their vulnerability
• Need to conduct assessments that will
help prioritize protection needs
Table of Contents
1. Introduction
2. General Principles
3. Protection of life; security and physical integrity of
the person; and family ties
4. Protection of rights related to the provision of
food; health; shelter; and education
5. Protection of rights related to housing; land and
property; livelihoods and secondary and higher
education
6. Protection of rights related to documentation;
movement; re-establishment of family ties;
expression and opinion; and elections
I. Introduction
• How do natural disasters affect human rights?
• Pre-existing vulnerabilities and patterns of
discrimination usually become exacerbated
• The longer the effects of disaster last, the greater the
risk of human rights violations
• Violations often arise from bad policies, inadequate
planning, neglect
• Why does a human rights based approach
help protect persons in situations of natural
disasters?
• Identify relevant needs and interests of affected
persons
• Indentify rights holders and duty bearers
• Identify the limitations of what people can demand
• Ensure that humanitarian action meets humanitarian
standards
I. Introduction
• What is protection?
• “… 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. HR law, IHL,
refugee law)”
• What are the purpose and scope of these
Operational Guidelines?
• Primarily aim to help international and nongovernmental humanitarian organizations
• May also be useful for governmental actors, in
particular disaster management institutions.
• May also be useful for civil society in countries
affected by natural disasters
II. General Principles
• Displaced should enjoy the same rights as
those not affected by disasters
• Right of access to information for people
concerned
• Affected persons should be able to
participate in planning and implementation
of disaster response
• State has primary duty and responsibility
• Humanitarian organizations are guided by
rights
Group A: Protection of life; security and physical
integrity of the person; and family ties
A.1 Life saving measures in particular
evacuations
A.2 Protection against separation of
families
A.3 Protection against secondary impacts
of natural disasters
A.4 Protection against violence, including
gender-based violence
A.5 Security in host families and
communities, or in collective shelters
A.6 Dealing with mortal remains
Life, security and integrity- violations
• Examples:
lack of adequate preventive measures to
reduce risks and vulnerability
o lack of warning,
o evacuation plan does not include provisions
for the evacuation of persons with special
needs
o
Discussion Scenario: Human
Rights and Evacuation
• Leading geologists in your country have told
you that a dangerous rock formation which
was created in a recent volcanic eruption is
becoming more unstable. In fact, it is likely
to break loose and to destroy a village in the
valley below. The authorities have decided
that the 2000 people in this village must be
moved, but they refuse. You are asked to
advise on the human rights dimensions of
this relocation.
Questions for Discussion
• What should be taken into account before moving
them by force?
• What measures could be taken to reduce the
likelihood of violence?
• Have you encountered similar situations in your
country?
Evacuation Guidelines
•
•
•
•
•
Evacuation information and consultation
Identify persons with special needs
Provide transportation for affected population in general
Provide protection for homes and possessions left behind
No forced evacuations unless
– Provided by law
– Absolutely necessary
– Information and consultation of affected population
• Carried out in a manner that respects the life, dignity, liberty
and security of affected
• Evacuation to places as close as security/safety situation
allows
• Evacuation centers should not expose to further risk
Group B: Protection of rights related to the
provision of food; health; shelter; and education
B.1 Access to and provision of
humanitarian goods and services –
general principles
B.2 Provision of specific goods, such as
adequate food, water and sanitation,
shelter, clothing; essential health service,
and education
Rights related to basic needs
Provisions should be:
•
•
•
•
Available
Accessible
Acceptable
Adaptable
Rights related to basic needs - violations
Examples:
Lack of appropriate non-food items for women
Lack of adequate food for specific religious or
indigenous groups
o Lack of provisions in access in health services for
older or disabled persons
o
o
Group C: Protection of rights related to housing;
land and property; livelihoods and secondary
and higher education
C.1 Housing, land and property, and
possessions
C.2 Transitional shelter, housing and
evictions
C.3 Livelihood and work
C.4 Secondary and higher education
Protection of rights related to housing; land and
property; livelihoods and secondary and higher
education
• Challenges:
o
o
Property/Land rights
Evictions
• Link to early recovery mechanisms to
provide for livelihoods opportunities
Group D: Protection of rights related to
documentation; movement; re-establishment of
family ties; expression and opinion; and elections
D.1 Documentation
D.2 Freedom of movement, particularly in
the context of durable solutions
D.3 Re-establishing family ties
D.4 Expression, assembly and association,
and religion
D.5 Electoral rights
Picture: Nims Online, http://www.nimsonline.com/natural-disasters-floods.html
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