natural disasters and r2p

8/11/2019 natural Disasters and R2P

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NATURAL DISASTERS:

DISASTER means calamitous events whichendanger life, health, physical integrity, or theright not to be subjected to cruel, inhuman or

degrading treatment, or other fundamentalhuman rights

OF NATURAL ORIGINS such asearthquakes, volcanic eruptions, windstorms,torrential rains, landslides, droughts, fires,famine, epidemics.(Sixteenth Commission Humanitarian Assitance, Institute of IL, 2003)


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HUMANITARIAN ASSISTANCE

All acts, activities and resources for theprovision of goods and services of an

exclusively humanitarian character,indispensable for the survival andthe fulfillment of the essential needsof the victims of disasters.


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As the number of DISASTERS, of natural or man-made orgins,requesting the International assistance has increased,

the IC started to think if it is possible to apply thehumanitarian regulation(IHL), also in PEACE TIMES,

when disasters occur causing grave human sufferings.


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Which HUMAN RIGHTS?

Art. 6 ICCPR: Right to life

Art. 11 ICESCR: Right to an adequate standard of living

Art 12 ICESCR: Right to the highest attainable standardof physical and mental health

CESCR General Comment No.12: Right to adequate food CESCR General Comment No. 14: Right to the highest

standard of living CESCR General Comment No. 15: Right to water

Art. 2(2)ICESCR: Principle of NON-DISCRIMINATION


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States Responsibility under ICESCR

Art. 2(1) ICESCR: PROGRESSIVE REALIZATIONEach State Party to the present Covenant undertakes to take steps,individually and through international assistance and co-operation, especiallyeconomic and technical, to the maximum of its available resources,with a

view to achieving progressively the full realization of the rightsrecognized in the present Covenant by all appropriate means, includingparticularly the adoption of legislative measures.

CESCR GENERAL COMMENT 31. []while the Covenant provides for progressive realization andacknowledges the constraints due to the limits of available resources, it alsoimposes various obligations which are of immediate effect[].10. [] The Committee is of the view that a minimum core obligationtoensure the satisfaction of, at the very least, minimum essential levelsof each of the rights is incumbent upon every State party [].


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DUTIES OF THE STATES

CESCR General Comment 14(33):

Duty to RESPECT

Duty to PROTECT

Duty to FULFILL: to FACILITATE, PROMOTE and PROVIDE


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The Affected State:

If the affected State is not able to provide

sufficient humanitarian assistance it SHALLseek assistance from competent InternationalOrganizations and from Third States.


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Cooperation among actors

CESCR General Comment 12 (38)

38. States have a joint and individual

responsibility, in accordance with the Charter ofthe United Nations, to cooperate in providingdisaster relief and humanitarian assistance intimes of emergency, including assistance to refugees andinternally displaced persons


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Third States and other actors:

RIGHT TOOFFER H.A.

EXCLUSIVELYHUMANITARIAN

CHARACTER

PRINCIPLE OFNON-

INTERFERENCE


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THE AFFECTED STATE

.

If the REFUSAL leads to a THREAT toINTERNATIONAL PEACE AND SECURITYas well as GRAVE HUMANITARIAN CRISIS,the International community mayaskthe UN Security Council to take thenecessary measures under the R2P doctrine.


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EVOLUTION OF R2P DOCTRINE: Canadian Government sponsored report of the

:

(World Summit Outcome Document par. 138, 139)


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CLASSICAL APPROACH OF THE R2P

R2P stipulates :

1. Every state has the Responsibility to Protect its populations

from four mass atrocity crimes:

.

2. The wider international community has the

individual states in meeting thatresponsibility.

3. If a state is manifestly failing to protect its populations, theinternational community must be prepared to take

and in accordance with the UN Charter.(2005 World Summit Outcome Document)


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APPLICATION OF R2P Since its formulation the R2P has been invoked

referring to its narrow sense. DRC and Burundi (2006), Lybia (2011), Cte dIvoire (2011),

Yemen (2011) and Mali (2012/2013)

Can the R2P be invoked in situations causinggrave human sufferings, but not linked to the

previous 3 Pillars?


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MYANMAR: CYCLONE NARGIS


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EFFECTS:

The inadequate efforts and assistance that the Governmenthad carried out in the aftermath of the disaster

The non-cooperative attidute toward the few acceptedInternational aid (diversion of aid)

Grave human sufferings comparable to theeffects occurring during a war time context.


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There was among States:China would have veto.

A could have worsened theconditions of the population.

Among States there was a

in natural disasters

WHY DID IT NOT HAPPEN?


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CONCLUSIONS

Theis an evident

, since theprinciple of non-interferenceis still deeply rooted.

The to applythe R2P doctrine is

while humanitarianemergencies need promptand rapid intervention.


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(Human Rights Regulation)

: efforts to improvethe collective action and the results (Guidelines)


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Even if the IL has already evolved in

favor of a stronger protection of

individuals and their basic rights,

States sovereignty is still a majorobstacle on this road.


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natural disasters and r2p

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