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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents