A/HRC/37/61 70. The Committee on Economic, Social and Cultural Rights, in its general comment No. 19 (2007) on the right to social security, also deals with the human rights implications of financial preparedness for disasters, stating that States parties should consider establishing insurance schemes, such as crop or natural disaster insurance, which are accessible by the victims of a disaster.76 Although the Committee recognizes that various human rights in the International Covenant on Economic, Social and Cultural Rights need particular action by States in the context of disasters, and has started to clarify obligations in this regard, it has not yet provided specific guidance on the human rights implications of natural disasters in the form of a dedicated general comment, which would be a helpful further step. 77 71. When a State, which bears the primary duty, is unable or unwilling to provide humanitarian assistance to its suffering population, then other States and NGOs have a subsidiary responsibility to act. These multidimensional challenges have to be taken care of through disaster relief and humanitarian assistance. 78 72. Even though external humanitarian assistance should be provided upon request of the States affected by natural disasters, or at least with their consent, States’ arbitrary refusal to receive humanitarian assistance should be treated as a violation of international human rights law. Indeed, general comment No. 12 of the Committee on Economic, Social and Cultural Rights includes, among the violations of the right to adequate food, “the prevention of access to humanitarian food aid in internal conflicts or other emergency situations”.79 Moreover, where the denial would threaten the lives of the affected population, the State would be in violation of the right to life. In fact, in 2008, when Cyclone Nargis struck Myanmar, the military regime initially rejected all offers of international humanitarian assistance. This reignited a debate over the apparent conflict between the right of a sovereign State to refuse assistance and the right of people to receive humanitarian relief in the context of natural disasters. Some controversially contended that Myanmar’s neglecting or refusing to accept humanitarian assistance could amount to a crime against humanity.80 Treaty bodies 73. Treaty bodies also deal with disaster situations, in relation to specific areas of protection. The Committee on the Elimination of Discrimination against Women has raised concerns to the Government of Indonesia on issues relating to rural women’s protection and access to assistance, in response to tsunamis and earthquakes. Furthermore, the Committee has expressed concern about the impact of tsunamis and earthquakes in Chile, urging that reconstruction plans take a gender perspective into proper account. 81 74. Similarly, the Committee on the Elimination of Racial Discrimination, which monitors the International Convention on the Elimination of All Forms of Racial Discrimination, expressed concern regarding Hurricane Katrina, in the United States of America, critically noting the slow and inadequate protection of the right to housing after the hurricane, especially for low-income African Americans.82 75. The Committee on the Rights of the Child has recommended that effective protection of children include: (a) the implementation of disaster preparedness in school curricula; (b) the development and implementation of action plans or strategies on assistance and protection; and (c) the setting up of “strategic budgetary lines” protecting 76 77 78 79 80 81 82 14 See paras. 28–50. Dug Cubie and Marlies Hesselman, “Accountability for the human rights implications of natural disasters: a proposal for systemic international oversight”, p. 27. Committee on Economic, Social and Cultural Rights, general comment No. 12, para. 38. Ibid., para. 19. Matias Thomsen, “The obligation not to arbitrarily refuse international disaster relief: a question of sovereignty”, Melbourne Journal of International Law, vol. 16 (2015), p. 3. Cited in Dug Cubie and Marlies Hesselman, “Accountability for the human rights implications of natural disasters: a proposal for systemic international oversight”, p. 28. Ibid.