A/HRC/8/12
page 13
53. In the situations created by natural disasters, the rights of the victims, in particular of
children, women and the elderly and other vulnerable groups, to receive assistance and
protection and to have their basic needs addressed should be the priority of the concerned
Government, with its ultimate responsibility to protect the rights of its people. The victims of
complex emergencies and natural disasters are not only those who are directly affected by the
natural disaster, but may also include many others whose lives have been indirectly disrupted by
the impact of these events and who are in need of help. Regrettably, the most recent natural
disasters are of such great magnitude that international assistance is crucial for effective and
timely action. However, the consequences of these disasters can take long to remedy.
54. The question of equal access to humanitarian aid, gender-based violence, enforced
relocation, increased fear of recruitment of children into armed conflict or fighting forces in the
areas where this phenomenon exists, involuntary resettlement, as well as issues relating to lost
documentation and property, are human rights issues that have been often identified in situations
of natural disasters and need to be addressed as part of the humanitarian process: immediate
relief, and short-term and long-term recovery.
55. Concerns regarding the situation of children separated from their parents, increases in
forced labour, the conditions of temporary shelter facilities and their management, the right to
food and drinking water, the protection of the right to health and ultimately the right to life and
the blockage of access to the affected areas have been expressed since the immediate aftermath
of cyclone Nargis.
56. In a humanitarian crisis as a result of natural disasters, the risk of human rights violations
is therefore demonstrably high, in particular in relation to the violation of economic, social and
cultural rights and discrimination with respect to aid. While there are violations that can occur as
a direct result of policies and actions, many others are the result of oversight. For this reason, the
Special Rapporteur is of the view that, in order to avoid such violations, it is important that both
the national authorities responsible and all national actors respect the human rights of all victims
and others, and establish the necessary monitoring mechanisms in the early stage of
humanitarian aid delivery and in recovery planning.
57. According to information brought to the attention of the Special Rapporteur, on 2 May, at
around midnight, when cyclone Nargis hit Myanmar, many zinc roofs of the prison Insein in
Yangon were torn off. Owing to the destruction in one area of the prison, some 1,000 prisoners
were reportedly forced to congregate inside the main prison hall, which was then locked.
Prisoners reportedly panicked, creating chaos inside the hall. In order to control the situation, it
is reported that soldiers and riot police were called in and opened fire on the prisoners in that
area. A number of prisoners were allegedly killed during the operation. The authorities should
conduct a thorough and transparent investigation to clarify the facts and identify the perpetrators
of these arbitrary killings.
58. The human rights principles of non-discrimination and accountability are essential in this
process. The primary bearer of responsibility for providing assistance and protection is the
Government of the affected country, which has the obligation to do everything in its power to
prevent and limit the negative impact of natural disasters, such as those resulting from cyclone
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