A/HRC/10/13
page 9
to distinguish between forced displacement and voluntary movement in cases of gradual
degradation of land and living conditions and slow-onset disasters. Clear normative gaps also
exist regarding persons displaced across international borders.
24. In order to better understand the protection challenges arising in the context of natural
hazard events, as well as to identify possible responses to such challenges, the Representative
visited several tsunami-affected areas in South-East Asia in early 2005. He also visited the Gulf
region of the United States of America in early 200822 and conducted working visits to
Honduras, Madagascar and Mozambique also in 2008. During these visits he convened
workshops with international, national and governmental humanitarian actors on protection in
natural disasters.
25. While an increasing number of persons are affected by and/or displaced as a consequence
of a natural disaster, all too often insufficient attention is paid to the multiple human rights
challenges they may face. The most vulnerable groups of society - including the poor,
marginalized minorities, female- and child-headed households, chronically ill persons, persons
with disabilities and older people without family support - suffer the most from the negative
effects of natural hazards due to their weakened mitigation and adaptation capacities. Moreover,
in the aftermath of natural disasters pre-existing patterns of discrimination are exacerbated,
putting already marginalized groups at further risk of human rights abuses, such as a failure to
protect against life-threatening natural hazards; unequal access to humanitarian assistance;
discrimination in aid provision; sexual and gender-based violence, particularly in collective
shelters or camps; infringements of the right to education, e.g. when schools are used as shelters
for a prolonged period of time; non-replacement of lost documentation; unsafe or involuntary
return or settlement elsewhere in the country; or difficulties with property restitution.
26. Disregard for the victims’ human rights are not necessarily intended but often result from
inappropriate policies, inadequate capacities, simple neglect or oversight. The Representative
therefore promotes the integration of a rights-based approach in the design of national disaster
mitigation and management policies, in humanitarian operations undertaken by national actors
and international agencies and organizations, and their implementation, in order to prevent such
violations from the outset. Moreover, the Representative encourages national Governments to
intensify their prevention efforts by strengthening disaster risk reduction measures and
addressing existing vulnerabilities so that concerned authorities and the communities exposed to
the risk of recurrent natural hazard events will be adequately prepared.
27. The Representative commends the fact that during the last four years, the United Nations
has initiated an important effort to strengthen the protection of IDPs, including those displaced
by natural disasters and environmental degradation, through its humanitarian reform process.
The Representative acknowledges the commitment of United Nations agencies with protection
mandates - OHCHR, the United Nations Children’s Fund (UNICEF) and UNHCR - to
addressing protection challenges arising in situations of natural disasters. However, resources
22
See A/HRC/8/6, paras. 51-53.
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