A/HRC/37/30
occurrence of natural disasters. Article 23 of the African Charter on the Rights and Welfare
of the Child stipulates that States should take all appropriate measures to ensure that
internally displaced children, including those displaced through natural disaster, receive
appropriate protection and humanitarian assistance and article 25.2 states that they should
take all necessary measures to trace and reunite children with their parents or relatives,
including where separation took place due to natural disasters. The African Union
Convention for the Protection and Assistance of Internally Displaced Persons in Africa also
recognizes the obligations of States parties to prevent internal displacement, and protect and
provide assistance to internally displaced persons (art. 2). It also requires States parties to
promote self-reliance and sustainable livelihoods amongst internally displaced persons (art.
3 (1) (k)).
28.
Notwithstanding the lack of specific references in human rights law, disaster risk
reduction and mitigation of the negative impacts of climate change and other crises have
received increased attention by human rights mechanisms in recent years. A significant
body of work exists under the treaty bodies, including the Committee on Economic, Social
and Cultural Rights, and under the special procedures mandates relating to the environment,
internally displaced persons, the right to adequate housing, the right to water and sanitation
and the human rights of indigenous peoples. Under the universal periodic review
mechanism, several recent recommendations have been put forward calling on States to
adopt a human rights-based approach in disaster prevention and emergency responses to
build national capacity and resilience to natural disasters (see A/HRC/34/14, para.
115.166); develop a national resilience strategy for natural disasters in order to guarantee
the economic and social rights of the population (see A/HRC/32/6, para. 128.157); and
continue efforts on democracy, good governance, legislative reform and capacity-building
for national human rights mechanisms, with more focus on employment for youth,
education, health care, social welfare and preparedness and resilience in response to climate
change (see A/HRC/26/9, para. 99.109).
C.
State obligations under human rights law
29.
The realization of human rights, including economic, social and cultural rights,
implies specific obligations and responsibilities for all actors involved. Under international
human rights law, the primary responsibility rests with States as duty bearers. The
obligation to respect means that States must refrain from interfering with or curtailing the
enjoyment of human rights. The obligation to protect requires States to protect individuals
and groups against human rights abuses. The obligation to fulfil entails States undertaking
positive action to facilitate the enjoyment of basic human rights.
30.
The International Covenant on Economic, Social and Cultural Rights provides that
States are obligated to work progressively to fully realize those rights for everyone. The
principle of progressive realization does not mean that the implementation of Covenant
rights can be indefinitely postponed; rather, States must take steps and to the maximum of
available resources and by all appropriate means work progressively towards the full
realization of those rights for everyone. States also have obligations of an immediate nature,
including the obligation to eliminate discrimination, to meet minimum essential levels of
each of the rights and to ensure non-retrogression.
31.
Those principles imply that, even in the event of disaster or crisis, States are
obligated to ensure that the population affected has access to the basic services and
resources necessary, without discrimination. Moreover, they must ensure that people’s
enjoyment of economic, social and cultural rights do not deteriorate, by taking preventative
steps in anticipation of disasters and the foreseeable adverse effects of climate change.
Human rights obligations therefore apply not only to direct protection measures, but also to
the mitigation and adaptation measures that are aimed at protecting people’s enjoyment of
these rights.
32.
States have several obligations to protect against environmental harm that impairs
the enjoyment of human rights (A/HRC/25/53). Such obligations include procedural and
substantive ones as well as those in relation to vulnerable groups. Procedural obligations
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