General normative guidance
- UN General Assembly Resolution 46/182, 1991 "Strengthening of the coordination of humanitarian emergency assistance of the United Nations".;
- IASC Operational Guidelines on Human Rights and Natural Disasters (2006) and their Manual (2008)
- For information on International Human Rights Law and specific human rights treaties, please see at OHCHR's International Human Rights Law webpage.
1. UN General Assembly Resolution 46/182, 1991 "Strengthening of the coordination of humanitarian emergency assistance of the United Nations".
This is very much OCHA's "bread and butter" providing, amongst others, the normative basis for the creation of the position of Emergency Relief Coordinator (ERC) at the USG-level, for the Inter-Agency Standing Committee (IASC), for the Consolidated Appeals Process (CAP), the Central Emergency Revolving (now Response) Fund (CERF) and the Central Register of Disaster Management Capacities. It is often referred to as establishing the basic framework within which international disaster relief activities are undertaken.
The Resolution stressed the importance of disaster and general emergency preparedness in various parts, in particular under the specific titles "III. Preparedness" and "IV. Stand-by Capacity". Important principles of disaster preparedness are also included in at least three of the 12 "Guiding Principles":
- Paragraph 4 "Each State has the responsibility first and foremost to take care of the victims of natural disasters and other emergencies occurring on its territory. Hence, the affected State has the primary role in the initiation, organization, coordination, and implementation of humanitarian assistance within its territory."
- Paragraph 5: "The magnitude and duration of many emergencies may be beyond the response capacity of many affected countries. International cooperation to address emergency situations and to strengthen the response capacity of affected countries is thus of great importance. Such cooperation should be provided in accordance with international law and national laws. Intergovernmental and non- governmental organizations working impartially and with strictly humanitarian motives should continue to make a significant contribution in supplementing national efforts."
- Paragraph 8: "Special attention should be given to disaster prevention and preparedness by the Governments concerned, as well as by the international community."
To see the Resolution, click here or on the following link : http://www.un.org/documents/ga/res/46/a46r182.htm
2. IASC Operational Guidelines on Human Rights and Natural Disasters (2006) and their Manual (2008)
Upon request from the 60th IASC Working Group meeting in March 2005, the Office of the Representative of the Secretary-General on the human rights of internally displaced persons has, in consultation with IASC agencies, produced the "Protecting Persons Affected by Natural Disasters - IASC Operational Guidelines on Human Rights and Natural Disasters", which was approved by the IASC Working Group on 9 June 2006. These Operational Guidelines are addressed to intergovernmental and non-governmental humanitarian actors when they are called upon to become active just for or in the aftermath of a disaster. Rather than listing the rights of persons as enshrined in international law, the guidelines focus on what humanitarian actors should do in order to implement a rights-based approach to humanitarian action in the context of disasters.
The Operational Guidelines and their Manual are intended to ensure that disaster relief and reconstruction efforts are conducted within a framework that protects and furthers human rights. Specifically, the Operational Guidelines aim to:
- Ensure that human rights principles and protection standards -- including the fundamental principles of non-discrimination and accountability -- are integrated into all disaster response, recovery and reconstruction efforts from the earliest stage possible;
- Identify relevant measures to ensure that affected persons and their communities are fully consulted and can actively participate in all stages of the disaster response in accordance with their human rights;
- Complement existing guidelines on humanitarian standards in situations of natural disaster;
- Provide benchmarks for monitoring and assessing the needs of persons affected by the consequences of natural disasters;
- Provide a basis for humanitarian actors when entering into dialogue with governments about their obligations to the victims of natural disasters under human rights law.
To see the Operational Guidelines, click here. For the Manual, click here.