A/HRC/4/38
page 17
61.
The mainstreaming activities have obliged the Representative to closely examine the
added value of his mandate as compared to other parts of the United Nations currently engaged
in responding to the needs of internally displaced persons. In line with the conclusions of the
Secretary-General’s review of the new mechanism on internal displacement (E/CN.4/2006/69),
the Representative has come to the firm conclusion that his activities fill an important gap in the
international response to IDP protection needs as no other agency currently undertakes the same
work his mandate does. The Office of the United Nations High Commissioner for Human
Rights (OHCHR) does not have an IDP unit and UNHCR, for its part, is becoming increasingly
engaged in the protection of internally displaced persons, but mainly in complex emergencies
and without a mainstreaming mandate or capacity. The Emergency Relief Coordinator and the
Office for the Coordination of Humanitarian Affairs (OCHA) are active throughout humanitarian
crises but not during the whole spectrum of time that encompasses the human rights related
protection issues for internally displaced persons and, thus, they do not cover countries such as
Georgia, Turkey, Bosnia and Herzegovina and others visited by the Representative. However, if
these other parts of the international architecture did not exist, the Representative’s mandate in
and of itself would be woefully insufficient, given the lack of resources inherent to the system of
special procedures and the fact that they are not called upon to be operational on the ground.
A. Humanitarian actors
The Operational Guidelines on Human Rights and Natural Disasters
62.
In June 2006, the Inter-Agency Standing Committee (IASC) adopted Operational
Guidelines for the Protection of Persons Affected by Natural Disasters (see addendum 1 to the
present report, A/HRC/4/38/Add.1) that had been proposed by the Representative after an
inclusive consultative process with all the members of the IASC.4 These Operational Guidelines
on Human Rights and Natural Disasters were drafted on request of the Special Envoy of the
Secretary-General for the Tsunami and Deputy Relief Coordinator in order to help humanitarian
actors to be aware of the human rights dimensions of their work. A user-friendly printed version
was completed in December 2006 and distributed to all the humanitarian agencies for use by
their staff and volunteers in natural disaster situations. At the time of writing, the pilot manual
designed to help the implementation of the Operational Guidelines is scheduled for printing and
distribution in February 2007.
63.
The Operational Guidelines do not list the rights of persons or complement existing
international law. They rather focus on “what humanitarian actors should do to in order to
implement a rights-based approach to humanitarian action in the context of natural disasters”.5
The opening General Principles remind the humanitarian actors that persons affected by natural
disasters have the same rights and freedoms under human rights law as others in their country.
They also emphasize that the affected States are first and foremost responsible for the assistance
and protection of affected persons, whether they have become displaced due to the consequences
of the disaster or not. They then point to the roles and obligations of humanitarian actors.
64.
The Operational Guidelines have been welcomed by the humanitarian community and are
currently being field-tested.
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