A/HRC/37/61
B.
Recommendations
111. With a view to achieving an integrated and systemic approach to the right to
adequate food in disaster and post-disaster contexts, the Special Rapporteur
recommends that States:
(a)
Develop national laws and monitoring systems on disaster management
(prevention, response and recovery) to incorporate a human rights-based approach;
(b)
Adopt necessary legislative and budgetary measures to focus on
prevention and disaster risk reduction measures, in order to avoid environmental
degradation and consequences on ecosystems and biodiversity, which should include
forest conservation activities and watershed management;
(c)
Develop legislation and monitoring and enforcing mechanisms at the
national level following the Guiding Principles on Business and Human Rights with
respect to the participation of the private sector in emergency contexts;
(d)
Regulate and monitor agricultural investments in disaster settings,
privileging local ownership and food sovereignty and not interfering with the local
market;
(e)
Consider establishing “crop and natural disaster insurance” that is
accessible for victims after a disaster, and adopting measures for the protection of
seeds;
(f)
Prioritize the needs of the most vulnerable, especially children, and those
most at risk, by setting up budgetary priorities that apply even in situations of
economic crisis or natural disaster or other emergencies;
(g)
Set policies that pay particular attention to the role of women in disaster
and post-disaster situations, acknowledging their transformative role and leadership
capacity.
112.
Further, the international community should:
(a)
Enhance coordination between existing humanitarian institutions, and
between United Nations bodies that each have specific mandates but none of which
exclusively deals with disaster settings, in order to regulate the entire system;
(b)
Consider the negotiation of a comprehensive, multilateral treaty to
respond to disaster situations in a coordinated and effective manner. The treaty
should:
• Remind States that they bear a responsibility to protect people and the
environment in times of severe emergency and large-scale natural disaster,
rather than relying on voluntarism;
• Acknowledge that such obligations should be aligned with human rights
principles sensitive to justice, human dignity and equality;
• Establish a centralized institution at the international level to provide
stronger leadership with respect to the humanitarian agenda;
•
Provide innovative funding mechanisms to close the financial gap;
• Establish accountability mechanisms for all humanitarian actors, including
NGOs and private sector actors.
113. The Committee on Economic, Social and Cultural Rights should prepare a
general comment focused on human rights remedies in times of disaster and in postdisaster situations, as well as on preventive measures to clarify the obligations of
States and international communities.
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