A/HRC/15/44
30.
A protection gap was noted by the mandate holders in terms of policy, legal and
implementation frameworks. It was observed that pre-existing patterns of discrimination
exacerbated, not intentionally but as a result of bad planning, the limited focus on
vulnerable groups, and the inadequacy of national laws to address natural disasters.
Preparedness and recovery mechanisms were often not rights-based and accordingly the
promotion and protection of all human rights for all without discrimination were frequently
not prioritized. The Representative of the Secretary-General on the human rights of
internally displaced persons had submitted a report to the Council setting out
recommendations for a legal framework to address human rights in natural disasters and
rebuilding exercises (A/HRC/10/13/Add.1). Guidelines on incorporating the human rightsbased approach into recovery and rebuilding processes after natural disasters were being
drafted.
31.
It was proposed that a paradigm shift in responses to natural disasters was required
to move from a needs-based approach to a rights-based approach. It was agreed that
rebuilding and recovery processes should be transformative. Strategies should include
provision in the legal system to address natural disasters when they occur, and the
avoidance of implementing strategies that might lead to or perpetuate human rights
violations. Consideration should be given to historical dimensions that perpetuated
discrimination against vulnerable persons, such as persons of African descent in Haiti.
32.
Special procedures needed to demonstrate the value added of the rights-based
approach and they also should provide conceptual guidance, from a practical perspective,
on ways of addressing immediate needs such as food, water and housing, and on the
incorporation of rights-based considerations into short- and long-term planning.
Humanitarian agencies mostly employ a needs-based approach, and collaboration and
coordination could be enhanced on how to implement the rights-based approach, with due
regard being given to addressing immediate needs and the lack of resources in the aftermath
of a natural disaster. Issues of addressing sexual violence and the provision of security by
multinational private military and security companies remain problematic.
33.
Participants emphasized the importance of finding innovative ways of promoting
and protecting human rights in the context of natural disasters that went beyond the current
methods of work, such as requesting a visit to the country. Coordination among mandates
should be enhanced. Expertise and information on the promotion and protection of human
rights during pre- and post-recovery, and on coordination with humanitarian agencies,
should be collected and made available to all.
D.
Coordinated follow-up to the work of human rights mechanisms:
discussion with OHCHR field presences and headquarters staff on good
practices and strategies
34.
Representatives of the OHCHR Regional Offices for South-East Asia (Bangkok),
Central Africa (Yaoundé), the Middle East and Northern Africa (Beirut) and for Europe
(Brussels) and from the OHCHR Office in Colombia briefed participants on their
interaction with mandate holders, including assistance provided during country visits, and
on their efforts to follow up on recommendations. It was noted how the engagement of
mandates could generate synergies with national Governments and create opportunities for
local/regional offices, including in the lead-up to and after visits. It was also noted that
recommendations of special procedures, treaty bodies and the universal periodic review are
valuable for field presences as they allow them to reinforce and advocate for policy change
to address human rights issues.
10
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