A/HRC/28/76
43.
Lastly, when human rights violations are a consequence of natural disasters,
OHCHR sees the sequence of events as follows:
(a)
Natural disaster;
(b)
Humanitarian crisis;
(c)
Pre-existing human rights issues are exacerbated and new violations as
consequences of the disaster;
(d)
Human rights inform planning and delivery of humanitarian response;
(e)
Human rights integrated into emergency preparedness plans.
VI. International normative framework
A.
United Nations human rights framework and mechanisms
44.
To increase the effectiveness and scope of human rights protection in post-disaster
and post-conflict situations, there is a need for a holistic and complementary approach
among the different branches of international law: international human rights law,
international humanitarian law, refugee law and international criminal law. The
international human rights legal framework is composed of specific treaties and soft law
that aim to protect people affected by natural disasters and conflicts. As protection is not
limited to survival and security in an emergency situation, all relevant guarantees with
regard to civil and political rights, as well as economic, social and cultural ones, will
contribute to dignify the people affected.
45.
Some of the key principles in relation with humanitarian assistance were formulated
by the General Assembly in its resolution 43/131 on humanitarian assistance for victims of
natural disasters and similar emergency situations, in which the Assembly reaffirmed the
sovereignty of affected States and their leadership in humanitarian assistance in their own
territories, stressed the important contribution made in providing humanitarian assistance
by governmental and non-governmental organizations, and urged States to participate
closely with affected countries in international efforts with a view to facilitating the transit
of humanitarian assistance.
46.
States therefore have the primary responsibility for coordinating humanitarian
assistance, and are at least under the moral duty to accept bona fide offers of assistance by
States or other relevant organizations. This emphasis on the States’ role does not however,
go to the detriment of the role of local communities and the fact that planning for disaster
risk reduction should be rather de-centralized and concretized.
47.
The Universal Human Rights Index documents a number of concrete
recommendations, made in the context of the universal periodic review in relation to
humanitarian action in situations of natural disasters, that relate primarily to strengthening
or improving measures for disaster reduction and to responding appropriately to
emergencies, given the vulnerability of certain countries. Other countries were asked to
continue their efforts to strengthen and to share their experience, lessons learned, methods
and best practices in prevention and humanitarian response applied and particularly
considering providing assistance in case of natural disasters and taking positive steps with
regard to climate change. Several recommendations relate to post-conflict situations and to
continuing implementation of the Security Council resolutions on women, peace and
security; ensuring the rights of children and women and women’s participation in
reconstruction and peacebuilding processes; improving access to education; intensifying
efforts to prevent, punish and eradicate all forms of violence against women; preventing
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents