Session 2.3: IASC OPERATIONAL GUIDELINES ON THE PROTECTION OF PERSONS IN SITUATIONS OF NATURAL DISASTERS Human Rights and Protection in Natural Disasters (date) - (time) Adapted from presentation developed by the Office of the Representative of the Secretary General on the Human Rights of Internally Displaced Persons

Introduction to Operational Guidelines Exploring the 4 groups of rights Discussion Overview

Underlying ideas All human rights are equally important But: people have different needs according to their vulnerability Need to conduct assessments that will help prioritize protection needs

1.Introduction 2.General Principles 3.Protection of life; security and physical integrity of the person; and family ties 4.Protection of rights related to the provision of food; health; shelter; and education 5.Protection of rights related to housing; land and property; livelihoods and secondary and higher education 6.Protection of rights related to documentation; movement; re-establishment of family ties; expression and opinion; and elections Table of Contents

I. Introduction How do natural disasters affect human rights? Pre-existing vulnerabilities and patterns of discrimination usually become exacerbated The longer the effects of disaster last, the greater the risk of human rights violations Violations often arise from bad policies, inadequate planning, neglect Why does a human rights based approach help protect persons in situations of natural disasters? Identify relevant needs and interests of affected persons Indentify rights holders and duty bearers Identify the limitations of what people can demand Ensure that humanitarian action meets humanitarian standards

I. Introduction What is protection? “… all activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law (i.e. HR law, IHL, refugee law)” What are the purpose and scope of these Operational Guidelines? Primarily aim to help international and non- governmental humanitarian organizations May also be useful for governmental actors, in particular disaster management institutions. May also be useful for civil society in countries affected by natural disasters

II. General Principles Displaced should enjoy the same rights as those not affected by disasters Right of access to information for people concerned Affected persons should be able to participate in planning and implementation of disaster response State has primary duty and responsibility Humanitarian organizations are guided by rights

Group A: Protection of life; security and physical integrity of the person; and family ties A.1 Life saving measures in particular evacuations A.2 Protection against separation of families A.3 Protection against secondary impacts of natural disasters A.4 Protection against violence, including gender-based violence A.5 Security in host families and communities, or in collective shelters A.6 Dealing with mortal remains

Examples: o lack of adequate preventive measures to reduce risks and vulnerability o lack of warning, o evacuation plan does not include provisions for the evacuation of persons with special needs Life, security and integrity- violations

Discussion Scenario: Human Rights and Evacuation Leading geologists in your country have told you that a dangerous rock formation which was created in a recent volcanic eruption is becoming more unstable. In fact, it is likely to break loose and to destroy a village in the valley below. The authorities have decided that the 2000 people in this village must be moved, but they refuse. You are asked to advise on the human rights dimensions of this relocation.

Questions for Discussion What should be taken into account before moving them by force? What measures could be taken to reduce the likelihood of violence? Have you encountered similar situations in your country?

Evacuation Guidelines Evacuation information and consultation Identify persons with special needs Provide transportation for affected population in general Provide protection for homes and possessions left behind No forced evacuations unless –Provided by law –Absolutely necessary –Information and consultation of affected population Carried out in a manner that respects the life, dignity, liberty and security of affected Evacuation to places as close as security/safety situation allows Evacuation centers should not expose to further risk

Group B: Protection of rights related to the provision of food; health; shelter; and education B.1 Access to and provision of humanitarian goods and services – general principles B.2 Provision of specific goods, such as adequate food, water and sanitation, shelter, clothing; essential health service, and education

Provisions should be: Available Accessible Acceptable Adaptable Rights related to basic needs

Examples: o Lack of appropriate non-food items for women o Lack of adequate food for specific religious or indigenous groups o Lack of provisions in access in health services for older or disabled persons Rights related to basic needs - violations

Group C: Protection of rights related to housing; land and property; livelihoods and secondary and higher education C.1 Housing, land and property, and possessions C.2 Transitional shelter, housing and evictions C.3 Livelihood and work C.4 Secondary and higher education

Challenges: o Property/Land rights o Evictions Link to early recovery mechanisms to provide for livelihoods opportunities Protection of rights related to housing; land and property; livelihoods and secondary and higher education

Group D: Protection of rights related to documentation; movement; re-establishment of family ties; expression and opinion; and elections D.1 Documentation D.2 Freedom of movement, particularly in the context of durable solutions D.3 Re-establishing family ties D.4 Expression, assembly and association, and religion D.5 Electoral rights

Picture: Nims Online,

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