Session 2.3: IASC OPERATIONAL GUIDELINES ON THE PROTECTION OF PERSONS IN
SITUATIONS OF NATURAL DISASTERS
Human Rights and Protection in 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
• Introduction to Operational Guidelines
• Exploring the 4 groups of rights
• Discussion
Overview
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
1. Introduction2.General Principles3.Protection of life; security and physical integrity of
the person; and family ties4.Protection of rights related to the provision of
food; health; shelter; and education5.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
Table of Contents
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 non-
governmental 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
• Examples: o lack of adequate preventive measures to
reduce risks and vulnerabilityo lack of warning, o evacuation plan does not include provisions
for the evacuation of persons with special needs
Life, security and integrity- violations
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
Provisions should be:
• Available• Accessible• Acceptable• Adaptable
Rights related to basic needs
Examples:
o Lack of appropriate non-food items for womeno Lack of adequate food for specific religious or
indigenous groupso Lack of provisions in access in health services
for older or disabled persons
Rights related to basic needs - violations
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
• Challenges:o Property/Land rightso Evictions
• Link to early recovery mechanisms to provide for livelihoods opportunities
Protection of rights related to housing; land and property; livelihoods and secondary and higher
education
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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