A/HRC/27/57
5.
In February 2014, the Committee decided to seek the views of the United Nations
agencies, as requested in paragraph 2 of Council resolution 22/16. As of July 2014, no
replies have been received from the United Nations agencies.
6.
To date, the following main issues have been identified:
(a)
Humanitarian action needs to take into account legal, social, political, ethical
and cultural relations. It is fundamental that the legal framework underlines that the State
holds obligations and that individuals and communities hold rights;
(b)
Rescue, relief and rehabilitation action can be linked to human rights
advocacy. However, in practice that does not happen automatically. A human rights-based
approach that includes the following principles is therefore necessary in such humanitarian
action:
(i)
Direct and intentional linkage to human rights;
(ii)
Transparency;
(iii)
Participation and consultation of those affected and beneficiaries;
(iv)
Non-discrimination;
(v)
Special attention given to the needs of vulnerable and marginalized
subgroups within the larger set of beneficiaries;
(vi)
Accountability.
7.
Furthermore, a human rights perspective needs to be taken into account prior to
disasters and governments need to be aware that they have various responsibilities in the
protection of their citizens. It is equally important for affected people to be able to
understand that they have rights.
II. Scope
8.
The title of Council resolution 22/16, containing the Advisory Committee’s
mandate, suggests that post-disaster situations are somehow similar to post-conflict
situations. The commonality between the two can be found in the fact that both relate to
humanitarian crises that require humanitarian action. Moreover, a humanitarian crisis
requires a humanitarian response which must be based on a human rights approach. The
present report therefore addresses human rights aspects only in such action during postdisaster and post-conflict situations.
9.
The prefix “post” might have too broad a meaning and therefore requires limitation
in terms of time. For the purposes of the present report, a post-disaster or post-conflict
situation would start immediately after a disaster or a conflict happened and would end
when basic daily life returns to normal for the affected population. Reflection regarding the
meaning of daily life returning to normal is needed, particularly because disasters and
conflicts mostly affect vulnerable people. That vulnerability is characterized by inadequate
living conditions prior to a disaster or conflict. For that reason, a disaster or conflict
exacerbates the already precarious living conditions of those people. In addition,
discussions on improving living conditions are needed. Special attention should be paid to
the early stage of post-disaster and post-conflict situations, not excluding matters of
transitional justice, because humanitarian activities are mainly developed at that stage. In
addition, a human rights-based approach must also be adopted in the rehabilitation and
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