A/HRC/42/43 39. Several regional instruments are particularly relevant to the situation of older persons in emergencies. Article 14 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa provides for the protection of older persons in conflict and disaster situations. Accordingly, States have an obligation to ensure that, in situations of risk, including natural calamities, conflict situations, during civil strife or wars, older persons are among those to enjoy access, on a priority basis, to assistance during rescue efforts, settlement, repatriation and other interventions. States also need to ensure that older persons receive humane treatment, protection and respect at all times and are not left without needed medical assistance and care. 40. Similarly in its article 29, the Inter-American Convention on Protecting the Human Rights of Older Persons specifically addresses situations of risk and humanitarian emergencies, stipulating that States are to take all necessary specific measures to ensure the safety and rights of older persons in situations of risk, including situations of armed conflict, humanitarian emergencies, and disasters, in accordance with the norms of international law, particularly international human rights law and international humanitarian law. This includes assistance measures specific to the needs of older persons in preparedness, prevention, reconstruction and recovery activities associated with emergencies, disasters and conflict situations. The Convention also aims at fostering the participation of older persons in civil protection protocols in the event of natural disasters. 41. UNHCR has a specific policy on the protection of older persons, which emphasizes the active role that older persons have in their communities and recognizes a number of challenges they face in displacement (such as a loss of assets, the breakdown of social support systems, and being left behind when communities flee) and when they return to their countries of origin. 11 The UNHCR age, gender and diversity policy recognizes the heightened protection risks that older persons may face, as well as the vital roles they can play in their households and communities.12 42. The global compact on refugees 13 includes a total of eight references to older persons and a further eight references to age. It calls for a strong partnership and participatory approach in the response to refugee movements, including participation by older persons. It also identifies older persons as having specific needs to be addressed in the refugee response, while calling upon States and other stakeholders to promote economic development and access to work, including for older persons. Older persons are highlighted as a group that can benefit from the expansion and enhancement of national health-care systems to facilitate access by refugees and host communities, and are specifically mentioned as a group that should have access to sufficient, safe and nutritious food. In relation to return, it emphasizes the need for support to livelihoods, development and economic issues, as well as measures to address the housing, land and property issues that older persons face. 43. The Guiding Principles on Internal Displacement 14 identify rights and guarantees relevant to the protection of persons from forced displacement and their protection and assistance during displacement, as well as during return or resettlement and reintegration. Under paragraph 2, the Principles address the situation of vulnerable groups of internally displaced persons, including older persons, and emphasize that they are entitled to specific protection and assistance and to treatment that takes into account their special needs. 15 This is also mentioned in article 9 (2) (c) of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. 11 12 13 14 15 www.unhcr.org/en-au/excom/standcom/4e857c279/unhcrs-policy-older-refugees-19-april-2000annex-ii-draft-report-seventeenth.html. www.unhcr.org/5aa13c0c7.pdf. See Official Records of the General Assembly, Seventy-third Session, Supplement No. 12 (A/73/12) (Part II). www.internal-displacement.org/global-report/grid2018/downloads/2018-GRID.pdf. Walter Kälin, Guiding Principles on Internal Displacement: Annotations, Studies in Transnational Legal Policy (American Society of International Law and Brookings Institution), 2008. 9

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