A/HRC/27/57
(b)
Humanitarian crisis;
(c)
Pre-existing human rights issues are exacerbated and new violations occur as
a result of the disaster;
(d)
Human rights inform planning and delivery of humanitarian response;
(e)
Human rights are integrated into emergency preparedness plans.
V. Current situation
A.
International legal framework
25.
There is an international human rights legal framework, consisting of specific
declarations and treaties, to protect people affected by natural disasters and conflicts. As
protection is not limited to survival security in an emergency situation, all relevant
guarantees with regard to civil and political, as well as economic, social and cultural rights,
will contribute to ensuring the dignity of the people affected. Taking account of the fact that
human rights violations increase in post-disaster and post-conflict contexts, all
humanitarian activities are based on the main global legal framework, the International Bill
of Human Rights, which consists of the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights, and the International
Covenant on Civil and Political Rights and the two optional protocols thereto.
26.
International humanitarian law is a set of rules which seek, for humanitarian reasons,
to limit the effects of armed conflict. It protects persons who are not participating in the
hostilities and restricts the means and methods of warfare.13 The Geneva Conventions of
1949 and the Hague Conventions of 1899 and 1907 are the main examples.
27.
Human rights principles and standards must be prioritized during the
implementation of humanitarian assistance. The principles include: universality (human
rights must be afforded to everyone, without exception); indivisibility (human rights are
indivisible and interdependent); participation and consultation (people have the right to
participate in decisions to protect their rights and their opinions must be taken into
account); non-discrimination (human rights must be guaranteed without discrimination of
any kind, including policies and practices which may have a discriminatory effect);
accountability (mechanisms of accountability should be created for the enforcement of
rights); and transparency (governments and humanitarian partners, either national or
international, must be open about all information and decision-making processes related to
rights).
B.
International humanitarian aid: legal framework and mechanisms
28.
Particular attention has been drawn to humanitarian aid and assistance provided in
response to emergencies caused by conflicts and disasters around the world. That attention
has led to the development of several specialized mechanisms and initiatives, among which
are:
(a)
The humanitarian policies, agreements, guidelines, documents and tools for
humanitarian assistance of the Inter-Agency Standing Committee on Post-War and Disaster
13
8
See www.icrc.org/eng/war-and-law/.
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