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Human Rights and Protection in Natural Disasters Session 2.1: Introduction to Human Rights and Protection in Natural Disasters (Place) – (Date) Overview I. Human rights • Thinking about Human Rights in Disasters • Human Rights Instruments II. Protection • The Concept of Protection • A Human Rights Based Approach to Disaster Responses I. Human Rights in Disasters: Mozambique Cyclone 2007 Destroyed school after Cyclone Favio, Mozambique Picture: Francois Goemans for the European Commission Humanitarian Aid Department (ECHO) from http://news.bbc.co.uk/2/hi/in_pictures/6398063.stm Human rights principles International human rights are: • Legal rights guaranteed by international law • Applicable to all human beings • Applicable at all times – in peace, armed conflict, in situations of natural disasters Human Rights - the United Nations Charter "We the peoples of the United Nations [are] determined .. to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small" The Sources of Human Rights • Universal human rights conventions • Regional human rights conventions • National constitutions/laws guaranteeing human rights The United Nations Declaration on Human Rights • Preeminent document on international human rights standards • Serves as the springboard for treaties pertaining to human rights Article 1 • All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Human Rights and Humanitarian Principles • IFRC Code of Conduct, Principle 2: “aid is given regardless of the race, creed, or nationality of the recipients and without adverse distinction of any kind. Aid priorities are calculated on the basis of need alone” • Sphere: “humanitarian agencies have the responsibility to provide assistance in a manner that is consistent with human rights, including the right to participation, non-discrimination and information” • Good Humanitarian Donorship Initiative: “humanitarian action should be guided by… impartiality… without discrimination between or within affected populations” In Reality: • Human rights instruments are aspirational • It is not always possible for governments to adopt policies that respect all human rights at all times • But it is possible to incorporate a human rights dimension into planning and operations What do these instruments mean in times of emergency? Tsunami survivors carry items from their destroyed homes in Indonesia in 2005 Picture : Keystone, from: http://www.swissinfo.ch/eng/politics/foreign_affairs/Protecting_rights_of_natural_disaster_victims.html?cid=1013754 Governments have the first responsibility To ensure the human rights of their citizens are protected even during emergencies: • Emergencies: conflicts, civil disturbances • Natural disasters: floods, earthquakes, tsunamis, etc. Questions for discussion • What is an example of an emergency situation your country has faced in recent years? • How have human rights standards been incorporated in planning and response? • What are the obstacles to developing a rightsbased approach? Defining Natural Disasters • What is a disaster? The combination of a natural hazard and the human context/vulnerabilities • A natural disaster is defined as “the consequences of events triggered by natural hazards that overwhelm local response capacity and seriously affect the social and economic development of a region.” • Natural disasters may be classified as suddenonset (e.g. tsunamis, cyclones, earthquakes) or slow-onset, which may refer to drought, sea-level rise due to climate change or other long-term situations. Natural Disaster Phases • Mitigation • Preparedness • Emergency Response • Early Recovery • Recovery Protection: A Definition 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. international human rights law, international humanitarian law) (IASC IDP Policy 2004) A Human Rights Based Approach to Disaster Relief • Places the needs of the affected person at the center of humanitarian action • Places the affected person at the centre of the decision-making process through consultation and participation • Attributes responsibility • Improves the effects of humanitarian action Human Rights as a Framework • Starts with a vulnerability and needs assessment • Provides non-discriminatory humanitarian assistance that is: (i) available (ii) accessible (iii) acceptable (iv) adaptable Protection: Activities Environment building actions to create/consolidate an environment conducive to full respect for the rights of individuals (e.g. capacity building; contingency plans) Responsive actions to address on-going violations (e.g. intervention on behalf of a discriminated group) Remedial actions to restore dignified living conditions through rehabilitation, restitution, and reparation (e.g. restoring food security) Protection: Needs Identifying specific needs of affected persons: • In view of their specific vulnerability • Taking into consideration the specific context • Relating needs to rights and standards Protection: Specific Vulnerabilities Protection: Areas of intervention IMPACT OF THE CONFLICT/DISASTER HAZARD REDUCTION MEASURES = HAZARD + VULNERABILITY CAPACITIES VULNERABILITY REDUCTION MEASURES MEASURES TO INCREASE CAPACITIES Protection: Actors' Obligations Government obliged to: The international community (UN, INGOs): Prevent violations from occurring; work through the government if possible; Stop ongoing violations complement government’s by respecting human efforts; or rights; and substitute for the government by protecting against if needed; and violations by third parties; do advocacy. Prevent reoccurrence of violations; and Repair, restore, rehabilitate if violations have occurred. Protection is relevant for all phases of the disaster • For prevention and disaster risk reduction • During an emergency • During recovery and reconstruction Typical Protection Challenges in Disasters • • • • • • Protecting life and physical/psychological integrity Protecting the integrity/dignity of persons Ensuring access to water, sanitation, food, shelter, health services Avoiding and protecting against discrimination in access to assistance (women, ethnic minorities, older persons, disabled, etc.) Preventing and ending exploitation of women and children Ensuring freedom of movement and the right to choose one’s place of residence in the context of forced evacuations or relocations Protection: Developing Strategies Protection strategies should: Recognise the vulnerabilities ahead of time Act with the vulnerable persons (participatory assessment) Reduce their vulnerability by influencing factors of: Time (moments when the risks are highest) Places (where risks are highest) Actors: as a source of risk as a source of protection Pressures in Applying Human Rights Standards • • • • • Time constraints Contingency funding Policymaking under pressure Incomplete information Cultural context and trust in government Balancing fairness & efficiency – where do human rights come in? Protection in Practice: Tools IASC Operational Guidelines on Human Rights and Natural Disasters For those displaced by natural disasters: UN Guiding Principles on Internal Displacement Thank you!