A/HRC/15/32
the definition should include actions and persons, going beyond States. Reference to the
interdependence of States and their interaction with other international actors would be
more appropriate than speaking of dependence. A few respondents went as far as to
advocate for legally-binding obligations in a convention on international solidarity. At the
other end of the spectrum, one respondent argued that there is no need to recognize all
moral imperatives as part of the legal order. Attempts to express moral principles in the
language of human rights without giving them real content and legal meaning can only
devalue both human rights and the moral principles themselves. According to this view, the
interpretation of the solidarity principle as a source of international legal obligations with
regard to matters that have not been explicitly addressed by norms of international law
would not be acceptable.
B.
International solidarity as a response to global challenges
14.
Respondents stated that international solidarity must be recognized as a prerequisite
for any collaboration in the international community. While noting the significant
contributions made by Governments, there is scope to improve the coordination of
international support, in line with the principles of Good Humanitarian Donorship and
relevant General Assembly resolutions. The Millennium Declaration underscores that,
when addressing global challenges, costs and burdens must be fairly distributed. Global
challenges are numerous, and four areas are considered below.
1.
Humanitarian assistance in natural disasters
15.
Respondents pointed out that natural disasters are to date the main focus of
international solidarity. In recent years, an alarming increase in major natural disasters has
been witnessed. Many occurred in developing countries, which have difficulty in
responding adequately, and ensuring appropriate protection for people, animals and
property. Various mechanisms exist for the coordination of international humanitarian and
rescue assistance when disasters strike. Countries have demonstrated their readiness to
assist, as witnessed for example in the aftermath of cyclone Nargis in Myanmar, the
tsunami in South-East Asia, and the earthquakes in Pakistan, China and, more recently,
Haiti. To some extent, the provision of international humanitarian and rescue assistance is
achieved, although it is still fragmented.
16.
There is a considerable amount of international law and policy in place for those
affected by disasters to receive timely and dignified humanitarian assistance. The guiding
principles of humanitarian assistance provide for assistance that is closely linked with the
principles of humanity, neutrality and fairness, with full respect for the sovereignty,
territorial integrity and national unity of States under the Charter of the United Nations.
Some respondents stressed that humanitarian assistance must only be given with the
consent of the affected country and, in principle, on the basis of a request by the same, and
should be linked with the efforts of the State concerned. The principle of solidarity is
closely connected to the principles of international humanitarian assistance, as reflected in
the 1949 Geneva Conventions and relative protocols, international humanitarian law,
human rights law and the agreements of the 2005 World Conference on Disaster Reduction.
17.
Certain respondents were of the view that there is a need for a more solid legal
framework based on international solidarity, perhaps in the form of a convention, for the
prevention of natural disasters, and the mitigation of their consequences. Several
respondents felt that there should be a greater focus on ex ante disaster prevention, risk
reduction, emergency preparedness and improved and sustainable rehabilitation. Greater
predictability of assistance and increased funds for the United Nations emergency relief
coordination are desirable. Adequate investment is required firstly to reduce vulnerability to
6
GE.10-14914
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