Overview of International Law and Standards for Protection

in Natural Disasters

HOW DO NATURAL DISASTERS AFFECT HUMAN RIGHTS?

Lack of safety and security (e.g. rampant crime, secondary impacts of natural disasters, etc)

Gender-based violence; Unequal access to assistance, basic goods and services and discrimination in aid

provision; Abuse, neglect and exploitation of children; Family separation, Loss/destruction of personal documentation and difficulties to replace it, in particular

due to inadequate birth registration mechanisms; Inadequate law enforcement mechanisms and restricted access to a fair and efficient

justice system; Lack of ineffective feedback and complaint mechanisms; Unequal access to employment and livelihood opportunities; Forced relocation; Unsafe or involuntary return or resettlement of persons displaced by the disaster; Lack of property restitution and access to land.

Why a human rights based approach to protect?

Provides the framework and necessary standards for humanitarian assistance activities (ex: human dignity, non discrimination..)

Enhance the protection value of assistance activities (food and adequate housing for women and children: reduction of risk of sexual explotation, child labour…)

CONTENT OF THE PRESENTATION

International Norms on Domestic Disaster Response

Int’l “Soft Law” Instruments on Domestic Disaster Response

Definition of protection

Responsibilities on protection

Vulnerability of people:

Challenges in protection issues

Coordination in emergency response: the Cluster approach

UNHCR in Haiti

Human rights principles 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 United Nations Charter )

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

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

ICESCR = Economic, Social, and Cultural RightsICCPR = Civil and Political RightsCRC = Convention on the Rights of the ChildCEDAW = Elimination of Discrimination Against WomenCRMW = Rights of All Migrant WorkersCRPD = Rights of Persons with DisabilitiesCAT = Convention Against TortureCPPED = Protection from Enforced DisappearanceCERD = Elimination of Racial Discrimination

Core International HR Treaties

INTERNATIONAL CONVENANT on ECONOMIC, SOCIAL and CULTURAL RIGHTS (ICESCR,

1966)

Sets out economic, social, and cultural guarantees:

• Principle of non discrimination• Right to adequate food, adequate shelter, clothing• Right to health care (right of everyone to the enjoyment of the highest attainable standard of

physical and mental health)• Right to adequate standard of living

Specially protected persons, Article 10The States Parties to the present Covenant recognize that:1. The widest possible protection and assistance should be accorded to the family,

which is the natural and fundamental group (…).2. Special protection should be accorded to mothers during a reasonable period

before and after childbirth. (…)3. Special measures of protection and assistance should be taken on behalf of all

children and young persons without any discrimination for reasons of parentage or other conditions. (…)

• Guarantees concerning work, social welfare, education and partecipation in cultural life

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(ICESCR)

Principle of non-discrimination, Article 21. (…)2. The States Parties to the present Covenant undertake to guarantee that the rights

enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights et forth in the present Covenant.

Minimum standard of living, Article 113. The states Parties to the present covenant recognize the right of everyone to an

adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. (…)

4. The states Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take individually and through int’l co-operation, the measures (…) which are needed:

a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, (…).

INTERNATIONAL CONVENTION ON CIVIL AND POLITICAL RIGHTS (ICCCPR, 1966)

Sets a catalogue of civil and political rights:

• Right to self determination

• Right to non discrimination

• Right to life,

• Right to physical integrity (No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment)

• Right to recognition before the law

• Right to political participation,

• Right to freedom of movement,

• Right to choice of residence,

• Protection of the family (The family is the natural and fundamental group unit of society)

Int’l “Soft Law” Instruments on Domestic Disaster Response

- Overview - Guiding Principles on Internal Displacement (1998)

Principles on Housing and Property Restitution for Refugees and Displaced Persons (Pinheiro Principles 2005)

Protecting Persons Affected by Natural Disasters: IASC Guidelines on Human Rights and Natural Disaster (2011)

As such, all documents: are not binding, even though they contain binding international law obligations under treaty

and customary law (they are consistent with international human rights law and international humanitarian law and international refugee law)

address both international and domestic response address governmental and non-governmental actors in humanitarian action explicitly acknowledge the primary responsibility of national Governments and domestic

authorities

Guiding Principles on Internal Displacement- “IDP Guidelines” - 2011

Endorsed by UN Human Rights Commission and UN General Assembly

Purpose:protection of internally displaced persons in internal conflict situations, natural disasters and other situations of forced displacement

Referral in all phases of displacement

Are guiding principles to guide Governments and non-governmental humanitarian actors

Definition of “IDPs” persons or groups of persons forced or obliged to leave their homes or places of habitual residence in particular as a result of or in order to avoid the effects of (…) natural or human-made

disasters who have not crossed an internationally recognized State border

Guiding Principles on Internal Displacement- “IDP Guidelines” - 2011

I. INTRODUCTION: definition of IDPs

II. GENERAL PRINCIPLES: responsibility of the national authorities to protect IDPs, no discrimination for IDPs, special attention to vulnerable groups (Pr.1-4)

III. PROTECTION FROM ARBITRARY DISPLACEMENT: states avoid forced displacement. In case is unavoidable, established guarantees are lawful (Pr. 5-9)

IV. PROTECTION AND ASSISTANCE DURING DISPLACEMENT: IDPs enjoy civil, political, economic, social, cultural rights. (i.e: no violence or torture, access to food and water, freedom of movement, personal documentation, education, employment, right to vote) Pr. 10-23

V. ACCESS TO HUMANITARIAN ASSISTANCE: in case States do not provide assistance, international organizations offer their services (Pr. 24-27)

VI. DURABLE SOLUTIONS: right for IDPs to return home or resettle; participation in the planning, return of lost property or compensation, access to public services (Pr. 28-30)

THE PINHEIRO PRINCIPLES (2005)

provide practical guidance to States, UN agencies and the broader international community on how best to address the complex legal and technical issues surrounding housing, land and property restitution

provide a consolidated and universal approach to dealing effectively with outstanding housing and property restitution claims.

THE PINHEIRO PRINCIPLES (part.1)

SECTION II-IV: re-affirm existing human rights and apply them to the specific question of housing and property restitution

Pr. 2 The right to housing and property restitution

Pr. 3 The right to non-discrimination

Pr. 4 The right to equality between men and women

Pr. 5The right to be protected from displacement

Pr. 6 The right to privacy and respect for the home

Pr.7 The right to peaceful enjoyment of possessions

Pr.8 The right to adequate housing

Pr.9 The right to freedom of movement

Pr.10 The right to voluntary return in safety and dignity

THE PINHEIRO PRINCIPLES (part.2)

SECTION V-VI:

Reaffirms what States should do in terms of developing national housing and property restitution procedures and institutions, and ensuring access to these by all displaced persons (Principles 11-13)

stress the importance of consultation and participation in decision-making by displaced persons

outline approaches to technical issues of housing, land and property records, the rights of tenants and other non-owners and the question of secondary occupants (Pr. 14- 17)

Explore legislative measures, the prohibition of arbitrary and discriminatory laws, the enforcement of restitution decisions and judgments (Principles 18- 20)

Requires compensation (Principle 21)

Responsibility of the international community in ensuring the right to housing,land and property restitution, as well as the right to voluntary return in safety and dignity (principle 22)

IASC Operational Guidelines on Human Rights in Natural Disasters

Part I: Introduction

Part II: Operational Guidelines

A. Life, Security, Physical Integrity of the Person, & Family Ties

B. Provision of Food, Health, Shelter, & Basic Necessities of Life

C. Education, Housing, Land & Property, and Livelihoods

D. Documentation Freedom of Movement, Re-establishment of Family Ties, Freedom of Expression & Opinion, and Elections

Part III: Protection of Specific Groups of Persons

A.1 Life saving measures, in particular evacuations

A.2 Protection against separation of families

A.3 Protection against secondary impacts of natural hazards

A.4 Protection against violence, incl. gender based violence

A.5 Security in host families and communities, in camps or in

collective shelters

A.6 Dealing with mortal remains

A. Protection of Life, Security, Physical Integrity of the Person, and Family Ties

B.1 General principles Safe, unimpeded and non-discriminatory access Specific measures for persons with specific protection needs Availability, Accessibility, Acceptability and Adaptability Humanitarian aid provided on the basis of assessed needs Internal Displacement assistance to host families/communities Assistance must consider gender-specific roles in affected groups

B.2 Provision of food, water and sanitation, shelter, clothing and essential health services

B. Protection of Rights related to the Provision of Food, Health, Shelter, & Basic Necessities of Life

C.1 Education

C.2 Housing, Land and Property, and Possessions

C.3 Transitional shelter, housing and evictions

C.4 Livelihood and work

C. Protection of Rights to Education, Housing, Land & Property, and Livelihoods

D.1 Documentation

D.2 Freedom of movement (DURABLE SOLUTIONS) Return Local integration Re-settlement IN the country

D.3 Re-establishing family ties

D.4 Expression, assembly and association, and religion

D.5 Electoral rights

D. Protection of Rights Related to Documentation Freedom of Movement, Re-establishment of Family Ties, Freedom of Expression & Opinion, and Elections

Government’s ResponsibilitiesRespect = must ensure that all state bodies do not violate human

rights

Protect = must prevent and stop rights violations by individuals or groups, and investigate, prosecute, punish abuse and ensure access to legal remedies

Fulfill = must take all possible measures to ensure people can access and enjoy their rights by developing legal and administrative frameworks (principle of non discrimination)

“Responsibility to Protect” IASC Guidelines, Introduction

Individuals and groups of individuals affected by natural disasters have the right to request and receive such protection and assistance from their governments

IDP Guidelines, Principle 251. The primary duty and responsibility to internally displaced persons for providing humanitarian

assistance to internally displaced persons lies with national authorities.

IPD Guidelines, Principle 5All authorities and international actors shall respect and ensure respect for their obligations under international law (…), in all circumstances, so as to prevent and avoid conditions that might lead to displacement of persons.

IDP Guidelines, Principle 61. Every human being shall have the right to be protected against being arbitrarily displaced from his or

her home or place of habitual residence.2. The prohibition or arbitrary displacement includes displacement:

(…)(d) In cases of disasters, unless the safety and health of those affected requires their evacuation;(…).

3. Displacement shall last no longer than required by the circumstances.

Principles of Non Discrimination IDP Guidelines, Principle 1

1. Internally displaced persons shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country. They shall not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced

IDP Guidelines, Principle 21. These Principles shall be observed by all authorities, groups and persons irrespective of their legal

status and applied without any adverse distinction. The observance of these Principles shall not affect the legal status of any authorities, groups or persons involved.

IDP Guidelines, Principle 41. These Principles shall be applied without discrimination of any kind, such as race, colour, sex,

language, religion or belief, political or other opinion, national, ethnic or social origin, legal or social status, age, disability, property, birth, or on any other similar criteria.

2. Certain internally displace persons, such as children, especially unaccompanied minors, expectant mothers, mothers wit young children, female heads of household, persons with disabilities and elderly persons, shall be entitled to protection and assistance required by their condition and to treatment which takes into account their special needs

Principle of Non-DiscriminationPinheiro Principles, Principle 3

3.1 Everyone has the right to be protected from discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, disability, birth or other status.

3.2 States shall ensure that de facto and de jure discrimination on the above ground is prohibited and that all persons, including refugees and displaced persons, are considered equal before the law

IASC Guidelines, General Principle II. Persons affected by natural disasters should enjoy the same rights and

freedoms under human rights law as others in their country and not be discriminated against. Targeted measures to address assistance and protection needs of specific categories of affected populations do not constitute discrimination if, and to the extent that, they are based on differing needs.

PROTECTIONAll activities aimed at ensuring full respect for the rights of the individual

in accordance with the letter and the spirit of the relevant bodies of law.

PROTECTION IN EMERGENCY? In the context of humanitarian action can be understood as the role that humanitarian and (in the context of recovery) development actors play with regard to ensuring that the rights of affected persons under international human rights law are respected, protected and fulfilled without discrimination.

HUMAN RIGHTS Foundation for Protection

PROTECTION Protecting Human Rights in emergencies

IDPSDISABLED MINORITIES

CHILDREN

ELDERLY

PERSONSHIV-AIDS

WOMEN

WHO?

THE CORE PRINCIPLES OF HUMANITARIAN ACTION• Do no harm• Humanity ( dignity and respect)• Impartiality• Independence• Neutrality

BUT ALSO: Confidentiality

Sensitivity

Strengthen local capacity

Understand the context

Professionalism

UNHCR IN HAITI

12-01-2011: earthquake in Haiti UNHCR rapid response team: identification of needs and protection mechanism

Support Cluster Protection

43 QUIP’S PROJECT to support income generating activities and education to prevent sexual violence and statelessness

PREVENT STATELESSNESS ACTIVITIES and HUMAN TRAFFICKING: lack of personal documentation, no access to basic services and no recognition of their rights as citizens

SGBV PROJECTSCONTEXT: lack of precise statistics on the real number of sexual violence inside the camps

ACTIVITIES:

• Support UNFPA and Haitian Government to establish a comprehensive interagency data collection and case management.

Ensure adequate SOP’s for accountability of cases

Assist limited number of SGBV survivors with medical, psychosocial, legal counseling & referrals for victims through local NGO partners,

• Safe & friendly spaces (for persons with specific needs): T- shelter

• Relocalisation outside Haiti in case of lack of protection in Haiti

DOCUMENTATIONCONTEXT: lack of personal documentation (lost or never had)

ACTIVITIES:

• Identification of 4500 beneficiaries with specific needs in order to obtain birth certificates, as well as land property certificates ( in order to avoid forced eviction)

• Establish a data collection and a case management in the “Etat Civil” offices

• Advocacy activities with Haitian authorities for accession to the 1954 Convention relating to the Status of Statelessness person and 1961 Convention on the Reduction of Statelessness.

THANK YOU!