Using laws, standards and principles.ppt

Shelter Training 08b – Belgium, 16th–18th November, 2008
based on content developed by
p Using law, standards & sector principles
This session will look at how local
and international law can be used to
support operations, along with
standards and principles
13
Nicaragua, 2007

The key learning objectives of this session are to form an
understanding of:
1. the use of laws to support operations
2. the use of principles to support operations
3. the use of standards to support operations
Session objectives

Legal frameworks are used to protect the populations’
rights after natural disasters or conflicts, including:
• property rights
e.g. proof of tenure is required before reconstruction
can start
• housing rights
e.g. there may be a significant proportion of renters
who need support
• transitional settlement rights
e.g. displaced populations may need to occupy land
or property
Protecting rights

Rights must be defined for all options
Displaced populations Non-displaced populations
Occupancy with no legal status
House tenant
Apartment tenant
Land tenant
Apartment owner-
occupier
House owner-occupier
Host families
Urban self-settlement
Rural self-settlement
Collective centres
Self-settled camps
Planned camps

p
Legal frameworks:
• Constitutional law
e.g. right to shelter
• Statutory law
e.g. planning laws and building codes
• Religious law
e.g. regulations concerning the needy
• Customary law
e.g. land and resource use
International legal framework:
• International human rights law
• International humanitarian law
• International refugee law
National & international legal frameworks
15

After a disaster, the international framework of law, principles and
standards may fill any gap in the normative legal framework
a b c
1. Gaps in existing laws may be exposed by the needs for
disaster response
2. These gaps can be filled with appropriate international
human rights and humanitarian law
3. The legal framework is adaptable to changing situations and
should remain in use for any future emergency
disaster
1 2 3
Filling gap in normative legal framework

The ‘Universal Declaration of Human Rights’ provides a basis for
the use of standards in transitional settlement and transitional
reconstruction:
• security of person: “everyone has the right to life, liberty and
security of person”
• privacy: “no one shall be subjected to arbitrary interference
with his privacy, family, home … ”
• peaceful enjoyment of possession: “everyone has the right
to own property ... no one shall be arbitrarily deprived of his
property”
• adequate housing: “everyone has the right to a standard of
living adequate for the health and well-being of himself and of
his family”
Protection
Universal
Declaration of
Human Rights
www.un.org/rights
www.humanitarian
info.org/iasc

Humanitarian law and protection
‘Handbook for the Protection of Internally
Displaced Persons’ (Global Protection
Cluster Working Group, 2007)
‘IHL-The Basics of International
Humanitarian Law’
(ICRC, 2006)
www.humanitarian
reform.org
www.icrc.org

Strategic coordination
Strategic planning objectives
Coordination
Critical path
analysis
Transitional
settlement and
reconstruction
Resources
Schedule for
implementation
Participation
AME
Scenarios
Legal
framework
Handover
Strategic
plan
Laws, principles and standards inform and support the
development and implementation of a consensus strategy for
transitional settlement and reconstruction.
Transitional
settlement and
reconstruction
after natural
disasters
(United Nations,
2008)

The key learning objectives of this session are to form an
understanding of:
1. the use of laws to support operation
Session objectives

Four rules for the effective use of principles and standards, in
implementing legal frameworks:
1. appropriate to the situation and to all stakeholders
2. agreed amongst all stakeholders
3. achievable with available capacity and materials
4. enforceable by all stakeholders, requiring meaningful
consequences if standards are not met
Effective use of principles and standards

‘Guiding Principles on Internal Displacement’
- also called Deng’s Principles
The guiding principles fill the gaps in international law relating
to the rights of internally displaced persons
Aims
• to identify the rights and guarantees relevant to protection of
the internally displaced in all phases of displacement
• to provide valuable practical guidance to governments, other
competent authorities, intergovernmental organisations and
NGOs in their work with internally displaced persons
Internally Displaced Persons (IDPs)
Guiding Principles
on Internal
Displacement
(UN/OCHA, 1998)
www.reliefweb.int

Examples from the ‘Guiding Principles on Internal Displacement’:
• Principles relating to protection from displacement
e.g: “Every human being shall have the right to be protected
against being arbitrarily displaced from his home”
• Principles relating to protection during displacement
e.g: “Every IDP has the right to liberty of movement and
freedom to choose his or her residence”
• Principles relating to humanitarian assistance
e.g: “ All humanitarian assistance shall be carried out in
accordance with the principles of humanity and impartiality
and without discrimination”
• Principles relating to return, resettlement & reintegration
e.g: “…ensure the full participation of IDPs in the planning and
management of their return or resettlement or reintegration”
Guiding Principles on Internal Displacement
Guiding Principles
on Internal
Displacement
(UN/OCHA, 1998)
www.reliefweb.int

The handbook provides practical guidance to all those working
on housing and property restitution issues
Aims
• to strengthen the protection of restitution rights
• to provide guidance on the implementation of housing, land
and property restitution programmes
• to promote durable solutions for IDPs and refugees
‘Housing and Property Restitution for Refugees and Displaced
Persons: Implementing the Pinheiro Principles’
Property and IDPs
Housing and
Property
Restitution for
Refugees and
Displaced
Persons:
Implementing the
Pinheiro Principles
(OCHA, OHCHR,
UN-Habitat,
UNHCR, FAO,
NRC, 2007)

p
1. Support the affected community
2. Coordinate and promote a strategy for response
3. Maintain continuous assessment of risk damage, needs and
resources
4. Avoid relocation or resettlement unless essential for safety
5. Minimise duration and distance, when displacement is
essential
6. Support settlement and reconstruction for all those affected
7. Ensure rights and secure tenure for all those affected
8. Support the affected population in making informed choices
9. Ensure that vulnerability to disasters is not rebuilt
10. Undertake contingency planning
10 Guiding principles
Transitional
settlement and
reconstruction
after natural
disasters
(United Nations,
2008)
17

The key learning objectives of this session were to form an
understanding of:
1. the use of laws to support operation
Session objectives

p
Standards: determined by UNHCR, governments and partners,
often quantitative in form
Standards: based on the right to dignified life, qualitative in form,
and intended to be applicable to all humanitarian environments
The term ‘standard’ is used in different ways by:
Sphere and UNHCR
‘Handbook for Emergencies’ (UNHCR, 2007)
Humanitarian Charter and Minimum Standards in Disaster
Response (The Sphere Project, 2004)
Indicators: qualitative or quantitative tools for measuring the
appropriateness and impact of standards, involving Guidance Notes
25

• to guide and inform decisions at all levels of response in
a humanitarian emergency
• to improve the quality of assistance
• to enhance the accountability of implementing agencies
to both beneficiaries and programme donors
These guidelines integrate standards for each sector for
coordinated disaster response
‘Humanitarian Charter and Minimum Standards in Disaster
Response’ aims:
Sphere standards
Humanitarian
Charter and
Minimum
Standards for
Disaster Response
(The Sphere
Project, 2004)
www.sphereproject.org

The elements within the publication important to the sector:
1. Humanitarian Charter: list of the fundamental principles,
roles and responsibilities, and minimum standards
2. Common standards: on project and programme activities
including participation, initial assessment, response,
targeting, monitoring, evaluation
3. Technical chapter on shelter settlement and NFIs:
standards, indicators, guidance notes and assessment
checklist in appendix
Sections relevant to the sector
Humanitarian
Charter and
Minimum
Standards for
Disaster Response
(The Sphere
Project, 2004)

Shelter and settlement standards
There are 6 shelter and settlement standards:
Standard 1: Strategic Planning
“Existing shelter and settlement solutions are prioritised through…”
Standard 2: Physical Planning
“Local physical planning practices are used where possible…”
Standard 3: Covered Living Space
“People have sufficient covered space to provide dignified
accommodation…”
Standard 4: Design
“The design of the shelter is acceptable to the affected population…”
Standard 5: Construction
“The construction approach is in accordance with safe local building.”
Standard 6: Environmental Impact
“The adverse impact on environment is minimised by the settling…”
Humanitarian
Charter and
Minimum
Standards for
Disaster Response
(The Sphere
Project, 2004)

Example of a shelter assessment
# 4 Materials and design assessment checklist:
1. “What initial shelter solutions or materials have been
provided to date by the affected households or other actors?”
2. “What existing materials can be salvaged from the damaged
site (if applicable) for use in the construction of shelters?”
3. “What are the typical building practices of the displaced and
host populations, and what are the different materials that are
used to provide the structural frame and roof and external wall
enclosures?”
4. “What alternative design or material solutions are potentially
available and familiar or acceptable to the affected population?”
5. “How can the potential shelter solutions identified,
accommodate appropriate single and multiple disaster
provention and mitigation concerns?”
6. “How are shelters typically built and by whom?”
Humanitarian
Charter and
Minimum
Standards for
Disaster Response
(The Sphere
Project, 2004)

Non-food items standards
There are 5 NFI standards:
Standard 1: Clothing & Bedding
“The people affected by the disaster have sufficient clothing,
blankets…”
Standard 2: Personal Hygiene
“Each disaster related household has access to sufficient soap…”
Standard 3: Cooking & Eating Utensils
“Each disaster-affected household has access to communal
cooking…”
Standard 4: Stoves, Fuel & Lighting
“Each disaster-affected household has access to communal
cooking…”
Standard 5: Tools & Equipment
“Each disaster-affected household responsible for the construction…”
Humanitarian
Charter and
Minimum
Standards for
Disaster Response
(The Sphere
Project, 2004)

Example of an NFI assessment
# 4 Tools and equipment assessment checklist:
1. “What basic tools to construct, maintain or repair a shelter do
the households have access to?”
2. “What livelihood support activities can also utilise the basic
tools for shelter construction, maintenance and repair?”
3. “Does the climate or natural environment require a ground
covering to maintain appropriate standards of health and
dignity, and what appropriate material solutions can be
provided?”
4. “What vector control measures, particularly the provision of
mosquito nets, are required to ensure health and well being of
households?”
Humanitarian
Charter and
Minimum
Standards for
Disaster Response
(The Sphere
Project, 2004)

‘Handbook for Emergencies’
Aims
• to provide guidelines for the provision of protection to those
covered by the mandate of UNHCR
• to meet the shelter-related and settlement-related needs of
persons who are of concern to UNHCR
• to ensure that the necessary assistance reaches the affected
population in good time
UNHCR Handbook
Handbook for
Emergencies
(UNHCR, 2007)
www.unhcr.org

The sections in the guidelines important to the sector:
• aims and principles of emergency response
• emergency management
• operation: covers all vital sectors and problems areas,
including site selection, planning and shelter
• support to operations: support in field operations,
administration and planning
• appendices: including catalogues of resources and a
glossary of terms
Sections relevant to the sector
Handbook for
Emergencies
(UNHCR, 2007)
www.unhcr.org

Space required
The Sphere Project
(2004)
UNHCR (2007)
minimum surface area of
camp per person
45 m2, including
infrastructure
45 m2 per person
recommended
minimum covered floor
area per person
3.5 – 4.5 m2
3.5 m2 in warm climate
4.5 – 5.5 m2 in cold
climate or urban area
Comparing Sphere & UNHCR: 1
Fire breaks
The Sphere Project
(2004)
UNHCR (2007)
minimum distance
between buildings
The planning guidance of
45 m2 per person
includes firebreaks
Minimum twice structure
height, 3 – 4 times
structure height if highly
flammable
minimum distance
between blocks of
clusters of dwellings
- 30 m per built-up 300 m

Refuse
The Sphere Project
(2004)
UNHCR (2007)
distance from dwellings
to refuse disposal
<100 m to communal pit -
people per 100-litre
refuse container
maximum 10 families 50
people per 2mx5mx2m
communal refuse pit
- 500
Water supply
The Sphere Project
(2004)
UNHCR (2007)
minimum quantity of
water available
(litres per person per day)
15 15-20
people per tap-stand maximum 250
1 tap per 200 people
not farther than 100 m
from user
accommodations
distance from dwellings
to taps
maximum 500 m
maximum 100 m or a
few minutes’ walk

Sanitation
The Sphere Project
(2004)
UNHCR (2007)
maximum people per
latrine
20 people (if sex-
segregated public toilets)
in order of preference:
(1) family (5-10 people)
(2) 20 people
distance from dwelling to
toilet (sited to pose
minimum threats to users
especially at nights)
maximum 50m or one
minute walk
6-50m
minimum distance
between latrines and
soak-aways and ground-
water source
30 m 30 m
distance from bottom of
pit to water table
minimum 1.5 m minimum 1.5 m

List how laws,
standards and
principles have
been useful for
your operations
in the past
Discussion
Each pair agrees a key point
Key point
Discussion
in pairs

‘Housing and Property Restitution for Refugees and
Displaced Persons: Implementing the Pinheiro
Principles’ (UN/OCHA, UN-Habitat, UNHCR, FAO,
OHCHR, NRC, IDMC, 2007)
‘Guiding Principles on Internal Displacement’
(UN/OCHA, 1998)
Bibliography
‘Transitional settlement and reconstruction after
natural disasters' (United Nations, 2008)
‘Humanitarian Charter and Minimum Standards for
Disaster Response’ (The Sphere Project, 2004)
‘Handbook for Emergencies’ (UNHCR, 2007)
‘IHL-The Basics of International Humanitarian Law’
(ICRC, 2006)
‘Handbook for the Protection of Internally Displaced
Persons’ (Global Protection Cluster Working Group,
2007)

Using laws, standards and principles.ppt

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