A/HRC/27/57
71.
Municipal governments should make reasonable efforts to ensure that affected
persons are provided with adequate and decent living conditions in shelters. To that end,
guidelines on managing shelters should be drawn up and published, identifying areas where
special attention is necessary in assisting vulnerable groups, including persons with
disabilities.
72.
A regional approach should be considered, given that regional organizations and
mechanisms often have significant expertise and resources to offer when dealing with
disaster situations.
73.
Disaster prevention includes action to prevent serious human rights violations and to
avoid the historical accumulation of violations of economic, social and cultural rights,
including the right to food.
5.
Post-conflict dialogue and transitional justice
74.
A methodical approach should be adopted that focuses on the importance of
bringing armed conflicts to an end and moving to a peacebuilding programme. Establishing
a dialogue with the parties to a conflict is part of the reconciliation and peacemaking
processes. Representatives of the most vulnerable groups and affected people should be
involved in those dialogues.
75.
After a conflict, it is extremely important to develop a transitional justice strategy,
including reconciliation and reparation mechanisms. A transitional justice strategy is a set
of rules, public policies and institutions that are aimed at bringing conflicts to an end and at
the same time, ensuring the rights of victims to truth, justice and reparation. Transitional
justice consists of both judicial and non-judicial processes and mechanisms that include
prosecution initiatives, facilitating initiatives in respect of the right to truth, delivering
reparations, institutional reform and national consultations. In that regard, international
assistance has to concentrate on the development of national capacity to initiate and lead
the process. Disarmament, demobilization and reintegration initiatives should be
coordinated with transitional justice processes and mechanisms in a positively reinforcing
manner.39
76.
By way of illustration, in its response to the questionnaire, the Government of
Colombia mentioned the dialogue established with the Revolutionary Armed Forces of
Colombia (FARC), various transitional justice measures and the establishment of a truth
and reconciliation commission as examples of best practice.
6.
Legislation
77.
Laws need to be in place for disaster prevention. Their implementation has to be
reflected in appropriate budget allocations. States have the obligation to provide the
required resources to improve the living conditions of people affected by disasters and
conflicts.
78.
In some States, national laws include limitations to constitutional rights in several
cases, including public disaster. However, it should be highlighted that, even under states of
emergency declared after public disasters, States must respect the core human rights and
ensure that all national laws respect their own Constitutions, international human rights
instruments and the rules contained in the various international declarations on
humanitarian assistance.
39
See S/2004/616.
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