This paper explores the link between human rights and disaster risk reduction. We
revisit the notion of a human rights-based approach in the context of natural disasters,
analyzing how this concept may contribute to greater accountability and empowerment
of those involved in disaster risk reduction. To better understand the processes of
empowering rights holders and holding duty bearers into account we adopt legal analytical
lenses. By doing so we review four country case studies and their main regulations
on disaster risk reduction, taking into account the extent to which they adopt a
human rights-based approach. We argue that countries whose legal frameworks allow
for community engagement point towards greater community empowerment.
Similarly, countries whose legal provisions make possible for holding States accountable
for their underperformance in disaster situations suggest greater levels of accountability.
We also consider key international human rights instruments binding the four case studies in order to analyze whether and to what extent international human
rights obligations may support advocacy and accountability in disaster risk reduction.
Based on the analysis of these case studies we consider that empowerment and
accountability processes in drr can reinforce each other, and that human rights may
contribute to progress in these areas.
A presentation I gave as part of a Disaster Leadership course at Tulane University in New Orleans. This presention is about the importance of good information management and how technology, especially social media can play a role.
Natural Disaster in Armed Conflict Area: The Implementation of the Doctrine o...UniversitasGadjahMada
In the last decade, more natural disasters have occurred than before in the world. The ASEAN regions are particularly prone to such disasters. Natural disasters can happen anytime and will be a more serious problem in an armed conflict area. In disaster management, humanitarian assistance of the international community is basically subject to the principle of state sovereignty. In a conflict area, however, the principle of sovereignty must be harmonized with the doctrine of responsibility to protect. How could the ASEAN countries accept the doctrine of the responsibility to protect during natural disaster management in an armed conflict? This paper aims to analyze the doctrine of responsibility to protect in the course of managing natural disaster of an armed conflict area in terms of lessons from the ASEAN countries such as Indonesia,
Myanmar and the Philippines.
A presentation I gave as part of a Disaster Leadership course at Tulane University in New Orleans. This presention is about the importance of good information management and how technology, especially social media can play a role.
Natural Disaster in Armed Conflict Area: The Implementation of the Doctrine o...UniversitasGadjahMada
In the last decade, more natural disasters have occurred than before in the world. The ASEAN regions are particularly prone to such disasters. Natural disasters can happen anytime and will be a more serious problem in an armed conflict area. In disaster management, humanitarian assistance of the international community is basically subject to the principle of state sovereignty. In a conflict area, however, the principle of sovereignty must be harmonized with the doctrine of responsibility to protect. How could the ASEAN countries accept the doctrine of the responsibility to protect during natural disaster management in an armed conflict? This paper aims to analyze the doctrine of responsibility to protect in the course of managing natural disaster of an armed conflict area in terms of lessons from the ASEAN countries such as Indonesia,
Myanmar and the Philippines.
Open Data Sources for Disaster ManagementMichal Bodnar
This presentation was given at International Training Course for Disaster Data Sharing and Service Platforms, October 26-30, in Xi'an in China, organized by International Civil Defence Organisation.
Globally, the risks, vulnerabilities and impacts induced by natural hazards and disasters are on rise. Their economic costs and damage are widespread as seen in recent disasters such as the 2004 Indian Ocean Tsunami, the 2005 Kashmir Earthquake, and Japan's 2011 tsunami. Many government agencies have utilized disaster management principals in an attempt to minimize the impact of disasters. Research has underscored that local level vulnerability assessment; disaster management and resilience are required to empower com-munities to cope with disasters.
Geographically Pakistan is situated in a region very much prone to natural hazards, particularly the northern part of the country. The area experiences natural hazards such as earthquakes, landslides, floods, glacial melting and soil erosion. Flooding from river overflows is the most common natural disaster in Pakistan. They are costly natural hazards due to damage to property and croplands.
Historically, disaster management in Pakistan was focused on the ‘Emergency Response Paradigm’ (ERP). Prior to 2005, the West Pakistan National Calamities Act of 1958 was the available legal remedy that regulated the maintenance and restoration of order in areas affected by calamities and relief against such calamities. An Emergency Relief Cell within the Cabinet Division has been serving since 1971 as an institutional disaster relief support at the national level
The United Nations International Strategy for Disaster Reduction (UNISDR) introduced the paradigm shift from a reactive to a proactive approach in the form of the Hyogo Framework of Action (2005-2015) signed by 168 countries including Pakistan. To fulfill the global obligations as well as cope with the challenges emerged in the aftermath of the October 2005 earthquake; the Government of Pakistan promulgated the National Disaster Management Ordinance in 2007 to introduce a comprehensive National Disaster Management System in the country. The Ordinance became the Act called the National Disaster Management Act in December 2010.
The National Disaster Management Authority (NDMA) was subsequently established in 2007 in line with the Act, and serves as the implementing, coordinating and monitoring body for disaster risk management at the national level. NDMA in collaboration with national and international partners had been in the process of strengthening the DRM system in the country and has developed National Disaster Management Plan.
The structure of disaster and emergency management in Pakistan, centered on the National Disaster Management Commission (NMDC), was established immediately after the disastrous Kashmir Earthquake in 2005. The provincial government has the authority to form the Provincial Disaster Management Authority (PDMA). A District Disaster Management Authority (DDMA) can be established by Provincial governments in the hazard prone areas on a priority basis.
The Justice and Peace Law includes a mechanism in accordance with which victims of the Colombian conflict can seek reparation from illegalarmed groups. This paper examines the reparation of victims under the Justice and Peace Law by reference to economic, political and social considerations, and then compares such reparation to other methods by which material resources could be distributed across the victim population. The analysis concludes that reparation under the Justice and Peace Law should continue, but that additional development assistance should be provided to the broader victim population.
NDCC Memo Circular No. 05 s 2007 (2) Cluster ApproachTudlo
Institutionalization of the Cluster Approach in the Philippine Disaster Management System, Designation of Cluster Leads and their Terms of Reference at the
National, Regional and Provincial Level.
. As part of the Kerala State Disaster Management Policy, it is envisaged to deal with disasters in a multi-hazard perspective with interagency cross-sectoral cooperation. It aim to identify the hazards, vulnerability and the possible risks in a proactive manner and prepare the communities, administration, the government and all other stakeholders against the consequences of disasters and equip them with emergency resources as well as mechanism for implementing these plans. The present project study would help in focusing on the hazard risk scenario of the coastal belt of the Kerala State and would make recommendations / suggestions for reducing these risks. It will also emphasize on role of local communities in identification and prevention / control of disaster incidences as well as impacts in these areas.
Disaster is also sometimes described as a “catastrophic situation in which the normal pattern of life or eco-system has been disrupted and extraordinary emergency interventions are required to save and preserve lives and or the environment”.
This article delves into the concept of Responsibility to Protect (R2P) as a transformative international norm designed to address mass atrocities within states, encompassing genocide, crimes against humanity, war crimes, and ethnic cleansing. Originating from the International Commission on Intervention and State Sovereignty (ICISS) in response to global inaction during the Rwandan genocide and atrocities in the Former Yugoslavia, R2P represents a paradigm shift in redefining sovereignty. The tripartite structure of R2P, focusing on prevention, reaction, and rebuilding, surpasses traditional humanitarian intervention, respecting state sovereignty. The article then examines the application of R2P in the Russo-Ukrainian scenario, where Russia's incursion into Ukraine challenges the norm. Despite the Security Council's limitations, the General Assembly's resolution condemning Russia highlights indirect acknowledgment of R2P principles. The article assesses R2P's role in the context of other international norms and contends with its imperfections, especially when faced with powerful actors. Legal justifications for intervention are explored, drawing from natural law theories and realist constructivism, while considering the challenges posed by Security Council dynamics, as evident in the Ukrainian crisis. The analysis extends to the prudential criteria for military intervention, emphasizing the balance of consequences and the universal applicability of these criteria. The conclusion acknowledges the ongoing development of the R2P paradigm, emphasizing the need for unwavering advocacy and support from policymakers. It underscores the judicious balance required between legal justifications and prudential sensibility in evaluating military force deployment. Despite challenges, the article affirms the continued relevance of R2P through various coercive measures, including military support, and highlights the norm's success in fostering global consensus and normative acceptance in addressing mass atrocities.
Open Data Sources for Disaster ManagementMichal Bodnar
This presentation was given at International Training Course for Disaster Data Sharing and Service Platforms, October 26-30, in Xi'an in China, organized by International Civil Defence Organisation.
Globally, the risks, vulnerabilities and impacts induced by natural hazards and disasters are on rise. Their economic costs and damage are widespread as seen in recent disasters such as the 2004 Indian Ocean Tsunami, the 2005 Kashmir Earthquake, and Japan's 2011 tsunami. Many government agencies have utilized disaster management principals in an attempt to minimize the impact of disasters. Research has underscored that local level vulnerability assessment; disaster management and resilience are required to empower com-munities to cope with disasters.
Geographically Pakistan is situated in a region very much prone to natural hazards, particularly the northern part of the country. The area experiences natural hazards such as earthquakes, landslides, floods, glacial melting and soil erosion. Flooding from river overflows is the most common natural disaster in Pakistan. They are costly natural hazards due to damage to property and croplands.
Historically, disaster management in Pakistan was focused on the ‘Emergency Response Paradigm’ (ERP). Prior to 2005, the West Pakistan National Calamities Act of 1958 was the available legal remedy that regulated the maintenance and restoration of order in areas affected by calamities and relief against such calamities. An Emergency Relief Cell within the Cabinet Division has been serving since 1971 as an institutional disaster relief support at the national level
The United Nations International Strategy for Disaster Reduction (UNISDR) introduced the paradigm shift from a reactive to a proactive approach in the form of the Hyogo Framework of Action (2005-2015) signed by 168 countries including Pakistan. To fulfill the global obligations as well as cope with the challenges emerged in the aftermath of the October 2005 earthquake; the Government of Pakistan promulgated the National Disaster Management Ordinance in 2007 to introduce a comprehensive National Disaster Management System in the country. The Ordinance became the Act called the National Disaster Management Act in December 2010.
The National Disaster Management Authority (NDMA) was subsequently established in 2007 in line with the Act, and serves as the implementing, coordinating and monitoring body for disaster risk management at the national level. NDMA in collaboration with national and international partners had been in the process of strengthening the DRM system in the country and has developed National Disaster Management Plan.
The structure of disaster and emergency management in Pakistan, centered on the National Disaster Management Commission (NMDC), was established immediately after the disastrous Kashmir Earthquake in 2005. The provincial government has the authority to form the Provincial Disaster Management Authority (PDMA). A District Disaster Management Authority (DDMA) can be established by Provincial governments in the hazard prone areas on a priority basis.
The Justice and Peace Law includes a mechanism in accordance with which victims of the Colombian conflict can seek reparation from illegalarmed groups. This paper examines the reparation of victims under the Justice and Peace Law by reference to economic, political and social considerations, and then compares such reparation to other methods by which material resources could be distributed across the victim population. The analysis concludes that reparation under the Justice and Peace Law should continue, but that additional development assistance should be provided to the broader victim population.
NDCC Memo Circular No. 05 s 2007 (2) Cluster ApproachTudlo
Institutionalization of the Cluster Approach in the Philippine Disaster Management System, Designation of Cluster Leads and their Terms of Reference at the
National, Regional and Provincial Level.
. As part of the Kerala State Disaster Management Policy, it is envisaged to deal with disasters in a multi-hazard perspective with interagency cross-sectoral cooperation. It aim to identify the hazards, vulnerability and the possible risks in a proactive manner and prepare the communities, administration, the government and all other stakeholders against the consequences of disasters and equip them with emergency resources as well as mechanism for implementing these plans. The present project study would help in focusing on the hazard risk scenario of the coastal belt of the Kerala State and would make recommendations / suggestions for reducing these risks. It will also emphasize on role of local communities in identification and prevention / control of disaster incidences as well as impacts in these areas.
Disaster is also sometimes described as a “catastrophic situation in which the normal pattern of life or eco-system has been disrupted and extraordinary emergency interventions are required to save and preserve lives and or the environment”.
This article delves into the concept of Responsibility to Protect (R2P) as a transformative international norm designed to address mass atrocities within states, encompassing genocide, crimes against humanity, war crimes, and ethnic cleansing. Originating from the International Commission on Intervention and State Sovereignty (ICISS) in response to global inaction during the Rwandan genocide and atrocities in the Former Yugoslavia, R2P represents a paradigm shift in redefining sovereignty. The tripartite structure of R2P, focusing on prevention, reaction, and rebuilding, surpasses traditional humanitarian intervention, respecting state sovereignty. The article then examines the application of R2P in the Russo-Ukrainian scenario, where Russia's incursion into Ukraine challenges the norm. Despite the Security Council's limitations, the General Assembly's resolution condemning Russia highlights indirect acknowledgment of R2P principles. The article assesses R2P's role in the context of other international norms and contends with its imperfections, especially when faced with powerful actors. Legal justifications for intervention are explored, drawing from natural law theories and realist constructivism, while considering the challenges posed by Security Council dynamics, as evident in the Ukrainian crisis. The analysis extends to the prudential criteria for military intervention, emphasizing the balance of consequences and the universal applicability of these criteria. The conclusion acknowledges the ongoing development of the R2P paradigm, emphasizing the need for unwavering advocacy and support from policymakers. It underscores the judicious balance required between legal justifications and prudential sensibility in evaluating military force deployment. Despite challenges, the article affirms the continued relevance of R2P through various coercive measures, including military support, and highlights the norm's success in fostering global consensus and normative acceptance in addressing mass atrocities.
Much research to date has tended to view vulnerability by discipline or sector, yet individuals and households experience multiple, interacting and sometimes compound vulnerabilities. Cross-disciplinary thinking is emerging as multi-dimensional vulnerability is likely to become
an increasingly important concept if the outlook over the next 15 to 25 years is one of
multiple, interacting and compound stressors and crises, a result of the “perfect-storm” or “long-crisis” thesis of the interaction of demographics, climate change and food and energy prices. A realigned analytical lens is thus useful to bring together the various intellectual strands involved in multi-dimensional vulnerability analysis. In light of the above, this paper reviews the literature on vulnerability and asks what a “three-dimensional human
wellbeing” approach - a complement to more traditional ways of understanding poverty -might contribute to the analysis of vulnerability.
Disaster Management Systems: Building Capacity for Developing Countries and ...Connie White
Some societies are more disaster prone than others due to their geographic location and the benefits provided by it. Man has co-existed in this sort of high risk/high return relationship with mother nature throughout history. Poorer societies tend to pay a higher price both in lives taken and damage – left with many secondary and equally devastating disasters that are sure to come. We know that for every $1 USD put into preventative measures, we save ~$7 that would have gone into post-disaster recovery and rebuilding efforts. There are many international agencies working to support a variety of needs in these grief stricken areas to help them build capacity and to help these societies better prepare for and respond to the disasters they will face. These efforts are guided by the Millennium Project Goals outlined in 2000. A lot has changed since then with respect to technology, mobile devices and humanitarianism. The objective of this paper is exploit how current efforts are creating capacity on the individual, organizational and 'enabling environment' levels. This paper explores the notion that a more concerted effort can be made at building Information and Communication Disaster Management Capacity in developing countries who are most susceptible due to proximity and to a lack of funds. A 'proof of concept' is provided
Strategies for Developing Effective Emergency PreparednessAJHSSR Journal
ABSTRACT: Emergency preparedness is a critical facet of societal resilience, safeguarding communities from
a myriad of potential threats, including natural disasters and man-made crises. This research paper delves into the
multifaceted realm of "Strategies for Developing Effective Emergency Preparedness." It examines the historical
context, theoretical foundations, and key components of emergency preparedness, shedding light on the factors
that influence its effectiveness. This paper explores various types of emergencies, from natural disasters like
hurricanes and earthquakes to man-made incidents such as terrorism and cybersecurity threats. It investigates the
challenges inherent in emergency preparedness, such as resource constraints, communication barriers, and ethical
considerations, underscoring the need for comprehensive strategies. Furthermore, this research outlines effective
strategies for enhancing emergency preparedness, including risk assessment, response planning, training,
interagency collaboration, and public awareness campaigns. It draws insights from case studies, highlighting both
successes and failures, providing valuable lessons for future preparedness efforts.
Ultimately, this paper highlights the urgency of strengthening preparedness initiatives in an ever-changing world,
where unforeseen challenges continue to test the resilience of communities and nations.
Post 1The whole community” approach as described in the Natanhcrowley
Post 1
The “whole community” approach as described in the National Preparedness Goal refers to the shared responsibility amongst governmental, non-governmental, public and private sector entities, communities and individuals to work together in order to ensure national security and promote resilient communities (FEMA.gov, 2015, p. 1-2). Meaning that individuals must not simply rely on the federal, state or local governments to ensure thier safety and security, but individuals must take thier own safety seriously. Furthermore, the problem does not go away with more funding. Appropriate guidance, laws, education, training, and equipment all play significant roles in national preparedness.
The concept of “whole community” is important when viewing both short- and long-term effects that natural and man-made disasters can have on a population. Hurricane Katrina is a perfect example of the lack of a "whole community approach" resulting in improper risk analysis and poor emergency planning. The substandard response and recovery efforts at the federal, state and community-level contributed to almost every issue negatively impacting this incident. Ultimately, there was no precedent for a natural disaster of that magnitude and community leaders and residents found themselves unprepared. There was no distinct chain of command to delegate resources for recovery and rescue operations. Breakdowns in coordination from the federal level to the local level were apparent. “State and local authorities understood the devastation but, due to destruction of infrastructure and response capabilities, lacked the ability to communicate with each other and coordinate a response, struggled to perform responsibilities such as the rescue of citizens stranded by the rising floodwaters, provision of law enforcement, and evacuation of the remaining population of New Orleans (Townsend, 2006, ch. 5).
The Federal Emergency Management Agency leads the charge of the whole community approach to emergency management with the goal of facilitating a culture that shifts primary responsibility from the federal government managing disaster recovery to a community-centric approach. Creating crosstalk between emergency management stakeholders, decision makers, and communities, facilitates exchange of information and best practices that can be shared between communities that have the same hazards and threats. Additionally, community leaders are able to form a shared understanding of thier respective needs and capabilities, leverage resources, strengthen infrastructure, forge more effective prevention, protection, response and recovery while increasing preparedness and resiliency across the community and the nation (FEMA.gov, 2011, p. 3).
Fostering a culture of shared responsibility places responsibility of emergency management on governments thereby sharing that responsibility amongst non-governmental, public and private sector agencies, and individual persons with the community ...
5th International Disaster and Risk Conference IDRC 2014 Integrative Risk Management - The role of science, technology & practice 24-28 August 2014 in Davos, Switzerland
Laypeople's and Experts' Risk Perception of Cloud Computing Services neirew J
Cloud computing is revolutionising the way software services are procured and used by Government
organizations and SMEs. Quantitative risk assessment of Cloud services is complex and undermined by
specific security concerns regarding data confidentiality, integrity and availability. This study explores how
the gap between the quantitative risk assessment and the perception of the risk can produce a bias in the
decision-making process about Cloud computing adoption.
The risk perception of experts in Cloud computing (N=37) and laypeople (N=81) about ten Cloud
computing services was investigated using the psychometric paradigm. Results suggest that the risk
perception of Cloud services can be represented by two components, called “dread risk” and “unknown
risk”, which may explain up to 46% of the variance. Other factors influencing the risk perception were
“perceived benefits”, “trust in regulatory authorities” and “technology attitude”.
This study suggests some implications that could support Government and non-Government organizations
in their strategies for Cloud computing adoption.
Cloud computing is revolutionising the way software services are procured and used by Government organizations and SMEs. Quantitative risk assessment of Cloud services is complex and undermined by specific security concerns regarding data confidentiality, integrity and availability. This study explores how the gap between the quantitative risk assessment and the perception of the risk can produce a bias in the decision-making process about Cloud computing adoption.
The risk perception of experts in Cloud computing (N=37) and laypeople (N=81) about ten Cloud computing services was investigated using the psychometric paradigm. Results suggest that the risk
perception of Cloud services can be represented by two components, called “dread risk” and “unknown risk”, which may explain up to 46% of the variance. Other factors influencing the risk perception were “perceived benefits”, “trust in regulatory authorities” and “technology attitude”.
This study suggests some implications that could support Government and non-Government organizations
in their strategies for Cloud computing adoption.
At the 2005 World Summit of the United Nations, more than 170 Heads of State and Government accepted three interlinked responsibilities, which together constitute the principle of ‘responsibility to protect’ (R2P). First, States accepted their primary responsibility to protect their own population from mass atrocity crimes. Second, they pledged to assist each other in fulfilling their domestic protection responsibilities. And finally, as members of the international community, they assumed the collective responsibility to react, in a timely and decisive manner, if any State were ‘manifestly failing’ to protect its population from mass atrocity crimes. Those three responsibilities are now commonly summarised in the language of R2P’s ‘three pillars’.
Among the key constitutive elements of the principle of R2P, prevention has been deemed by many as the single most important. Scholars and policy-makers alike concede that it is both normatively and politically desirable to act early to prevent mass atrocity crimes from being committed—rather than to react after they are already underway. Yet, while the more general topic of conflict prevention has been—and continues to be—a subject of explicit discussion by policy-makers, an important field of inquiry for academics, and a crucial area of advocacy for civil society groups, there has been comparatively less attention paid to the prevention of the four specific crimes related to R2P. Too often, as in the original report of the International Commission on Intervention and State Sovereignty, there is an assumption that more general conflict prevention concepts and frameworks can be borrowed for the purpose of thinking strategically about what the prevention of R2P crimes entails. However, this way of conceptualising R2P’s prevention dimension is increasingly being challenged. As the International Peace Institute notes in a 2009 report: ‘The references to genocide, war crimes, ethnic cleansing, and crimes against humanity … give [Responsibility to Protect] a distinctive focus and imperative.’ This working paper seeks to develop a more specific strategic framework for the prevention of mass atrocity crimes, which can serve to inform the use of particular prevention tools.
Teaching Democracy and Active Citizenship through Citizenship Education: How ...Paulina Pospieszna
Citizenship education, i.e. activities aimee4ed to teach citizens of recipient countries basic values, knowledge, and skills how to be an active and engaged citizen, has become a popular form of empowering young people within democracy assistance of young democracies from Visegrad countries. This paper outlines some of the programs aimed at educating and activating young people in Eastern Europe to be more socially responsible for their local community, region, and country, and focuses on impact evaluation of these programs. Different methods used to evaluate the impact of the citizenship education programs are being presented and discussed together with their advantages and limitations. These suggestions can be useful for both practitioners whishing to learn whether their citizenship education programs produce impact, as well as for researchers wanting to answer the question whether and how citizenship education efforts of organizations from Visegrad countries influence young people.
Pomoc demokratyzacyjna polskich organizacji pozarządowych skierowana do Biało...Paulina Pospieszna
Wspieranie demokracji, czyli szczególny rodzaj pomocy zagranicznej
mający na celu promowanie idei i postaw demokratycznych, było dotychczas domeną
demokracji zachodnich. Dlatego badania w dziedzinie wspierania demokracji
zazwyczaj koncentrowały się na programach prowadzonych przez międzynarodowe
organizacje, bądź rządowe i pozarządowe organizacje, fundacje ze Stanów Zjednoczonych,
jak również z Europy Zachodniej. Jednakże niedawno do grona darczyńców
dołączyły również młode demokracje z Europy Środkowo-Wschodniej takie jak
Polska, Czechy, Słowacja bądź Węgry, które same tak niedawno były odbiorcami
tego typu pomocy. Biorąc jako studium przypadku działania Polski na Ukrainie i Białorusi
niniejszy artykuł analizuje działania polskich organizacji pozarządowych na
rzecz wspierania demokracji w krajach partnerskich w latach 1990–2015. Celem badań
było zbadanie przyczyn zaangażowania się polskich organizacji pozarządowych
we wspieranie demokracji, metod promowania idei i postaw demokratycznych oraz
charakteru współpracy ze społecznością obywatelską z krajów partnerskich.
Carrots or Sticks: The Choice and Impact of EU Democratic Sanctions and AidPaulina Pospieszna
Both the provision of democracy aid and the imposition of sanctions are tools to promote
democracy. Yet, it is unclear under which conditions states choose to set positive or negative
incentives. In order to answer which tool—democracy aid or democratic sanctions—is more
effective, one has to analyse the actual form of the provision of aid. Sanctions and democracy aid
can also be employed at the same time. The goal of this study is to determine their joint effect on
democratization in recipient countries. We argue that sending civil society aid or democracy aid
channeled through NGOs and the civil society when sanctions are in place, enhances the
effectiveness of sanctions as a democracy promotion tool because the civil society can be
empowered to introduce democratic changes in its country—so additionally to the top-down
pressure created by sanctions, there is bottom-up pressure exerted by the civil society. Our results
suggest that democratic sanctions are more likely to be successful if democracy aid bypasses the
government in a target state. Conversely, other forms of aid provision tend to decrease the
effectiveness of sanctions. In order to precisely explain the joint impact of positive and negative
incentives on democratization, we employ a new comprehensive dataset on economic sanctions
for the period between 1989 and 2015 which integrates and updates the Threats and Imposition of
Economic Sanctions and the GIGA sanctions data sets, merged with disaggregated OECD aid data
and V-Dem as well as PolityIV democracy scores.
Amplifying and nullifying the impact of democratic sanctions through aid to c...Paulina Pospieszna
Both foreign aid and sanctions are foreign policy tools to promote
democracy. Yet, it is unclear how far incentives and coercion
enhance democratization. Since sanctions and aid are often
employed at the same time, the goal of this study is to determine
their joint effect on democratization in target/recipient countries.
We argue that sending democracy aid through civil society organizations
enhances the effectiveness of sanctions as a democracy
promotion tool because the civil society is empowered to introduce
democratic changes. Thus, in addition to the top-down
pressure on the target government created by sanctions, there
is a bottom-up pressure exerted by the civil society. Our empirical
results show that democratic sanctions by the European Union
and the United States are more likely to have a positive effect
when aid flows bypass the government. Conversely, aid channeled
through the public sector mitigates the generally positive
effect of sanctions on democracy. In order to estimate these joint
effects, we employ a new comprehensive dataset on economic
sanctions: the EUSANCT Dataset which integrates and updates
existing databases on sanctions for the period between 1989 and
2015, merged with disaggregated OECD aid data and V-Dem
democracy scores.
Dispute or Mediator? : The Selection and Effectiveness of Conflict Management...Paulina Pospieszna
The literature on conflict management offers two explanations of why the effectiveness of third
parties to settle militarized disputes differs. The structural research tradition focuses on conflict
characteristics, while the individualist approaches highlight the background, skills and power
of a mediator, as well as the mediation strategy. This article reconciles these two approaches,
and examines especially the effectiveness of mediation strategies. Accounting for the selection
of mediation and the success of mediation attempts, we use the CWM 1945–2004 dataset.
The analysis demonstrates that mediators who were able to pursue a determined strategy face
a higher chance of success.
Democracy Assistance Efforts of Young Donors from the Visegrad Group: In Sear...Paulina Pospieszna
Until recently, the major donors in democracy assistance field were Western democracies and multilateral aid agencies; therefore the literature abounds with studies of aid coming from these donors. However, little is known about the effectiveness of democracy assistance from the young donor countries that not such as long time ago were recipient of this type aid. Much of democracy assistance work is done by civil society organizations that collaborate with partners in recipient countries within specific projects. How do these projects impact the beneficiaries of the project? How effective are these project in changing opinions and behaviors of the target groups? Finally, do they contribute to diffusing democratic ideas and behaviors? This paper demonstrates the shortcomings of existing impact evaluation methods to answer these questions and demonstrates the usefulness of randomization method that so far has been widely used in developmental aid.
Consensus against all odds: explaining the persistence of EU sanctions on RussiaPaulina Pospieszna
In response to Russia’s actions in Ukraine in 2014, the EU introduced
sanctions on Moscow. Despite increasing polarisation among member
states after imposition, the sanctions package was consistently
renewed. How can sanctions persistence be explained? While scholarly
accounts highlight German leadership, commitment to norms,
and policymakers’ engagement, the EU’s ability to uphold the
sanctions in the face of uneven support among member states
remains puzzling. With the help of a two-level game framework,
according to which actors make decisions based on the interplay
between the domestic and international levels, we argue that the
interaction between the Council and domestic politics helped sustaining
the consensus. To illustrate this dynamic, in an exploration
of domestic factions in Spain and Poland, two member states
displaying opposite attitudes towards Russia, we identify the presence
of at least one actor whose preference deviates from the core,
thereby facilitating consensus.
Challenges in evaluating impact of sanctions – political vs economic perspectivePaulina Pospieszna
The aim of this paper is twofold: to highlight the need of combining economic and political perspectives in analyzing sanctions outcomes, and to list and elaborate on challenges connected with uniting these two standpoints and creating cohesive and valid measurement methods. We not only credit this fusion as useful, but necessary to evaluate sanctions' efficiency and effectiveness. We display these challenges in sanctions' assessment and measurement by systematizing what we already know about the sanction effectiveness in political science and economics literature and by demonstrating strengths and weaknesses of some already published effectiveness evaluations. The paper is the part of the larger research project that we recently embarked upon with aim to analyze the onset, economic impact and effectiveness of sanctions imposed by the European Union.
Supporting new media in Ukraine through Polish Development Cooperation ProgramPaulina Pospieszna
After the relatively successful system transformation, some young democratic countries from Central and Eastern Europe which used to receive democratic aid in the 1980s and 90s have engaged as new donors in assisting pro-democratic changes in other post-communist countries. The donor-recipient relations between two post-communist countries can be observed on the example of the development of cooperation between Poland and Ukraine. This paper deals with Polish assistance to new media in Ukraine in from 2007-2017 as a part of supporting democracy in Ukraine under the Polish Cooperation Development Program. Firstly, this work examines whether the Polish government's support of Ukrainian media as part of cooperation development will be sustained regardless of changes in the Polish government. Secondly, the paper explores whether Polish NGOs tailor their projects, financed by the Polish MFA, to the recipients' respective needs and the current situation in Ukraine. By examining Polish media assistance, the authors aim to explain the efforts of the new donor in developing media in a partner country, emphasizing the relation between the involvement of external actors and the presence of independent media which play an important role in democratization processes.
20 years of the ICRC Code of Conduct for Disaster Relief: What do we need to ...Paulina Pospieszna
The Code of Conduct for Disaster Relief of the International Committee of the Red Cross (ICRC) was written for use by the International Red Cross, Red Crescent Movements, and non-governmental organisations (NGOs) working in disaster relief. The code was published just after the Rwanda genocide in April, 1994.1 The code consists of a purpose and four definitions; it outlines ten general principles of conduct, and includes three annexes of recommendations to governments of disaster-affected countries, donor governments, and intergovernmental organisations.
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
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2. 65The Relationship between Human Rights and Disaster Risk
journal of international humanitarian legal studies 6 (2015) 64-86
1 ‘HyogoFrameworkforAction2005–2015:BuildingtheResilienceof NationsandCommunities
to Disasters (Extract from the Final Report of the World Conference on Disaster Reduction)’,
World Conference on Disaster Reduction, 18–22 January 2005, http://www.unisdr.org/2005/
wcdr/intergover/official-doc/L-docs/Hyogo-framework-for-action-english.pdf (last accessed
20 November 2014).
2 Hyogo Framework, supra note 1, at 1.
3 ‘Interim National progress report on the implementation of the Hyogo Framework for Action
2011–2013’, October 2012, at 8, http://www.preventionweb.net/files/28830_eth_NationalHFA
progress_2011-13.pdf (last accessed 20 November 2014).
case studies in order to analyze whether and to what extent international human
rights obligations may support advocacy and accountability in disaster risk reduction.
Based on the analysis of these case studies we consider that empowerment and
accountability processes in drr can reinforce each other, and that human rights may
contribute to progress in these areas.
Keywords
naturaldisaster–humanrights–disasterriskreduction–disasterprevention–human
rights-based approach – vulnerability
Introduction
In 2005, the Hyogo Framework for Action (hfa)1 was adopted during a un
conference gathering many representatives of international governmental
organizations (igos), non-governmental organizations (ngos), national gov-
ernments, academia, and the private sector. This document contains com-
mitments and priorities aiming at reducing disaster risks, including through
“policy, legislative and institutional frameworks”. Specifically, it includes the
following priority actions and strategic activities for States: 1) to ensure that
disaster risk reduction is a national and local priority with a strong institu-
tional basis for implementation; 2) to identify, assess, and monitor disaster
risks and strengthen early warning systems; 3) to develop better knowledge
management for building a culture of safety and resilience; 4) to reduce
the underlying risk factors; and 5) to enhance preparedness for effective
response.2
Since its adoption, the hfa has ignited the passage of a significant amount
of legislation3 in many countries that is aimed at increasing the attention to
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4 According to the United Nations International Strategy for Disaster Reduction (unisdr), the
notion of drr relates to “the concept and practice of reducing disaster risks through system-
atic efforts to analyze and manage the causal factors of disasters, including through reduced
exposure to hazards, lessened vulnerability of people and property, wise management of
land and the environment, and improved preparedness for adverse events.” See unisdr,
‘Terminology on Disaster Risk Reduction’, 2009.
5 B.Wisner etal., At Risk: natural hazards, people's vulnerability and disasters (2003); B.Wisner,
‘Vulnerability’, in R. Kitchin (ed.), International encyclopedia of human geography 176 (2009).
6 International Federation of Red Cross and Red Crescent Societies, ‘Better Laws, Safer
Communities? Emerging Themes on How Legislation Can Support Disaster Risk Reduc
tion’, May 2013, http://www.ifrc.org/en/what-we-do/idrl/about-disaster-law/legislation-for
-disaster-risk-reduction/ (last accessed 27 November 2014). A later ifrc report adopts a
slightly different typology of drm Laws, taking into account how much priority is given to
drr in drm laws’ objectives and mandates. The classification uses four categories: (1) No
drm Law; (2) Low priority; (3) Medium priority, and; (4) High priority. See International
Federation of Red Cross and Red Crescent Societies (ifrc) and United Nations Development
Programme (undp), ‘Effective Law and Regulation for Disaster Risk Reduction: A Multi-
Country Report’, 2014, at 12 and 42.
disaster risk reduction (drr).4 However, there are considerable differences in
the legal framework for disaster management between disaster-prone coun-
tries. This contributes towards making some societies more vulnerable to
disasters than others.5 It is argued that vulnerability of individuals to disasters
may be reduced if laws and policies incorporate a human rights-based
approach (hrba).
In our paper we revise the human rights-based approach to disaster risk
reduction by focusing on accountability and empowerment processes. We
review the legislation on disasters, especially legislation pertaining to drr, in
order to understand whether it facilitates the empowerment process of local
communities by enabling them to claim their rights and thus to hold govern-
ments into account when disasters take place. We take a closer look at four
country case studies, each representing one different category in relation to
their national legal framework on disasters, as identified by a study conducted
by the International Federation of Red Cross and Red Crescent Societies
(ifrc).6 They are: Ethiopia (no specific law on natural disasters), Nepal
(responsefocus),Brazil(disastermanagementfocus),andDominicanRepublic
(disaster risk management including a drr focus). The paper contributes to a
better understanding of the notions of disaster risk reduction and human
rights, and how the two concepts relate to each other. It also provides an
account of the extent to which national legislation was adopted in the four
case studies following the 2005 hfa.
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4. 67The Relationship between Human Rights and Disaster Risk
journal of international humanitarian legal studies 6 (2015) 64-86
7 On resilience in disaster situations see J.C. Gaillard, ‘Resilience of traditional societies in fac-
ing natural hazards’, 16 Disaster Prevention and Management 522 (2007); S.B. Manyena, ‘The
concept of resilience revisited’, 30 Disasters 433 (2006); and J. Twigg, ‘Characteristics of a
Disaster-Resilient Community’, Aon Benfield ucl Hazard Research Centre, 2 November 2009.
We further identify that differences between successful implementation
of disaster laws are often linked to the fact that in some countries communi-
ties were well enough informed, engaged, and resourced to take an active
part in reducing risks, which did not happen in other cases. Thus, in our view
the analysis of communities’ empowerment process provides insightful
observations in the assessment of countries’ disaster preparedness. With this
in mind, we review available legal mechanisms at the national level for vic-
tims of disasters to seek justice, in order to understand how far accountabil-
ity is a way open for potential victims. Since we find these mechanisms to be
largely insufficient or inadequate, we also look at the international system to
observe whether international human rights monitoring mechanisms in par-
ticular can hold States accountable for their underperformance in disaster
situations. From this analysis we conclude that a human rights-based
approach to disaster risk reduction may reduce community vulnerability,
thus enhancing resilience.7
The paper consists of four parts. First, we present the theoretical framework
of the human rights-based approach, together with a review of the literature
concerning disaster risk reduction. Second, we analyze our case studies’ legal
framework for disasters, especially on disaster prevention, in order to assess
whether they support community empowerment and State accountability.
Then, we take a closer look at the international legal framework binding the
four case studies, identifying the obligations for States in relation to prevention
of disasters, and whether victims may claim violation of these provisions.
Finally, we present findings and conclusions.
1 Theoretical Framework: Human Rights-Based Approach
Human rights are rights inherent to all human beings. All human beings, regard-
less of nationality, place of residence, sex, national or ethnic origin, color,
religion, language, or any other status are endowed with dignity, which is pro-
tected through the idea of human rights. As proclaimed by the un General
AssemblyintheUniversalDeclarationof HumanRightsadoptedon10December
1948, this is a common standard of achievement for all peoples and all nations.
Human rights consist of civil and political rights, such as the right to life, equality
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5. 68 DA COSTA and Pospieszna
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8 See un Office of the High Commissioner for Human Rights website, http://www.ohchr
.org/en/issues/Pages/WhatareHumanRights.aspx (last accessed 27 November 2014).
9 U. Jonsson, ‘Human Rights Approach to Development Programming’, unicef United
Nations Children’s Fund, Eastern and Southern Africa Regional Office, April 2003.
10 W. Kälin, ‘A Human Rights-Based Approach to Building Resilience to Natural Disasters’,
Nansen Conference on Climate Change and Displacement in the 21st Century, 6 June 2011.
11 Jonsson, supra note 9, at 18.
12 Kälin, supra note 10. For an account on the practical use of adopting a human rights-
based approach in relation to natural disasters, with illustration on post-disaster response
in Haiti, see B. Jr. Concannon and B. Lindstrom, ‘Cheaper, Better, Longer-Lasting: A Rights-
Based Approach to Disaster Response in Haiti’, 25 Emory International Law Review 1145
(2011). For an analysis of key international human rights law aspects and their potential
relevance to reducing the negative impact of hazards see D. Fisher, ‘Legal Implementation
of Human Rights Obligations to Prevent Displacement Due to Natural Disasters’, 41
Studies in Transnational Legal Policy 551 (2010).
before the law, and freedom of expression; economic, social and cultural rights,
such as the rights to work, social security, and education; and collective rights,
such as the right to development and self-determination of peoples.8
Given the above, rights-based approaches support mechanisms that ensure
that rights of human beings are realized and safeguarded (see Figure 1). Human
beings as right-holders can claim their rights and demand from duty-bearers
for their fulfillment. The State as the main duty-bearer, by adopting interna-
tional human rights law, has both the moral and legal obligation to respect,
protect, facilitate, and fulfill human rights.9The State has the obligation to pre-
vent loss of lives, including losses of economic and social assets, and to prevent
other human rights violations, whether caused by human or natural forces.
The advantage of using the language of “right-holders” and “duty bearers” is
that it brings clarity to the finding of who is entitled to what vis-à-vis whom.10
Therefore, the human rights-based approach leads to greater accountability and
empowerment of those involved in the disaster management process. A State
should be accountable for its actions, and there should be an effective mecha-
nism that includes specific measures to ensure that States’ obligations are car-
ried out. At the same time people should be empowered to claim their rights.
This suggests that people should have knowledge and information regarding
their human rights; that they should be able to individually or collectively take
actions to fully realize their potential; and that they should also be able to com-
municate effectively, both among themselves, and with duty-bearers.11
Although initially conceived to be used in the framework of development,
the human rights-based approach is increasingly also referred to in the
context of natural disasters.12 From a human rights perspective, States, as
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6. 69The Relationship between Human Rights and Disaster Risk
journal of international humanitarian legal studies 6 (2015) 64-86
13 Brookings-Bern Project on Internal Displacement, ‘Human Rights and Natural Disasters.
Operational Guidelines and Field Manual on Human Rights Protection in Situations of
Natural Disaster,’ March 2008, http://www.refworld.org/docid/49a2b8f72.html (last
accessed 03 December 2014).
14 1966 International Covenant on Economic, Social and Cultural Rights, 993 unts 3
(icescr).
15 F. Rawinji, ‘Claiming the Human Right to Protection from Disasters: The Case for
Human Rights-based Disaster Risk Reduction’, http://www.preventionweb.net/files/
submissions/31225_righttodisasterprotection.pdf (last accessed 26 November 2014).
the main duty-bearers, have the primary duty and responsibility to provide
assistance to persons affected by natural disasters and to protect their human
rights.13 After a natural disaster strikes a country, States have the duty to pro-
vide at least the bare minimum of food, water, clothing, shelter, and health
services necessary for the survival of the affected population. If these mini-
mumcoreobligations,secured,forexample,undertheInternationalCovenant
on Economic, Social and Cultural Rights,14 are not fulfilled, a State party to
this treaty may be found in violation of some of its human rights obligations
contained therein. States may also violate human rights by not engaging in
disaster risk reduction, which, if undertaken, could have prevented the occur-
rence of a disaster.15
Figure 1 The Human Rights-Based Approach: Relationship between Accountability
and Empowerment processes.
Source: Based on the reciprocal relationship between rights
holders and duty bearers in human rights-based approach
developed by the un agencies, see for example unfpa website
at http://www.unfpa.org/rights/approaches.htm (last accessed
27 November 2014).
ACCOUNTABILITY
PROCESS
EMPOWERMENT
PROCESS
Right Holder
(Individual and
Collective)
Duty Bearer
(State)
Fulfills
Responsibility
Towards
Claim Rights
from
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7. 70 DA COSTA and Pospieszna
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16 Paraphrasing Wisner et al., ‘Political Will for Disaster Reduction: What Incentives Build It,
And Why Is It So Hard To Achieve?’ (2011), Draft 7B.
17 On the importance of community empowerment and involvement in disaster risk reduc-
tion see for example C. Benson, J. Twigg and M. Myers (2001), ‘ngo Initiatives in Disaster
Risk Reduction: an Overview’, 25(3) Disasters 199 (2001); J.C. Gaillard and J. Mercer, ‘From
knowledge to action: Bridging gaps in disaster risk reduction’, 37 Progress in Human
Geography 93 (2012); R. Shaw, A. Sharma, and Y. Takeuchi (eds.), Indigenous Knowledge
and Disaster Risk Reduction: From Practice to Policy (2009); R. Shaw, N. Uy, and J. Baumwoll
(eds.), Indigenous Knowledge for Disaster Risk Reduction: Good Practices and Lessons
Learnt from the Asia-Pacific Region (2008).
18 R. Inglehart and C. Welzel, Modernization, Cultural Change and Democracy: The Human
Development Sequence (2005), at 152.
19 Similar rationale seems to be reflected in the un International Law Commission
articles on the protection of persons in the event of disasters. Article 6 indicates
that persons affected by disasters are entitled to respect for their human rights,
though there is no indication on what this provision entails. The ilc articles may
give rise to an international treaty on the subject. They have been transmitted to,
among others, governments, and comments are expected to reach the ilc by 1 January
2016.
If accountability mechanisms are in place, they are likely to increase
instances in which States can be held responsible. For example, right-holders
may use such mechanisms when they consider States have failed to discharge
their legal obligations. Through the use of available accountability mecha-
nisms, a process of right-holders’ empowerment takes place. In a nutshell,
accountability and empowerment reinforce each other.
We argue that a good way to better understand whether and how the
human rights-based approach can be used in disaster situations is through
adopting legal analytical lenses. Law is certainly not a panacea,16 but, taking
into account that empowerment and accountability processes are closely
anchored in legal frameworks, it is suggested that law does play an important
role in reducing the risk of disaster. The process of empowerment through the
law suggests strengthening the capacity of everyone to exercise their rights,
either as individuals or as members of a community.17 The human empower-
ment framework developed by Inglehart and Welzel shows that the empow-
erment of people, although it is facilitated by people’s objective capabilities
and subjective motivations, cannot take place without “their legal entitle-
ments to pursue self-chosen activities and mutually agreed interests with
others.”18 In a similar manner, for accountability to be achieved, there is a
need for legal rules to be in place, so that claims can be made for holding
those liable into account.19
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8. 71The Relationship between Human Rights and Disaster Risk
journal of international humanitarian legal studies 6 (2015) 64-86
20 G. Kent, ‘The human right to disaster mitigation and relief’, 3 Environmental Hazards 137
(2001) at 137.
21 See the website of the un International Strategy for Disaster Reduction, http://www
.unisdr.org/we/inform/terminology (last accessed 26 November 2014).
22 B. Wisner, ‘Risk and the Neoliberal State: Why Post-Mitch Lessons Didn’t Reduce El
Salvador's Earthquake Losses’, 25 Disasters 251 (2001).
23 See, e.g., M. Bizzarri, ‘Protection of Vulnerable Groups in Natural and Man-Made
Disasters’,inA.deGuttry,M.GestriandG.Venturini(eds.),InternationalDisasterResponse
Law 381 (2012), at 386–389; N. Zack, Ethics for Disaster (2009), at 108.
24 B. Wisner, ‘Marginality and vulnerability: Why the homeless of Tokyo don't “count” in
disaster preparations’, 18 Applied Geography 25 (1998), at 26; G. Wilches-Chaux, ‘The
Global Vulnerability’ in Y. Aysan and I. Davis (eds.), Disasters and the Small Dwelling:
Perspectives for the un idndr 30 (1992).
25 See e.g. J. Barnett, ‘Environment Security’, in J. P. Burgess (ed.), The Routledge Handbook
of New Security Studies (2010). Other ways of identifying vulnerability include the
self-assessment by communities of their capabilities and strengths. One example is the
2 Addressing Vulnerability through Empowerment and
Accountability in National Disaster Legislation
The literature gives enough reasons why human rights relate to natural disas-
ters, and why applying a human rights-based approach to disaster risk reduc-
tion is important. Although international human rights law does not clearly
spell out a right to protection and relief from disasters, the combined analysis
of various provisions of international human rights law suggests that this is
implied.20 A natural hazard, defined as a dangerous phenomenon, substance,
human activity or condition, may lead to a disaster that negatively affects the
enjoyment of various human rights, such as the right to life, property and liveli-
hoods.21 Destruction linked to disasters may give rise to human displacement
and various human rights violations, including sexual violence.22
Literature suggests that natural disasters affect most severely the vulnerable
sector of the population.23 This is so especially because those that are often sub-
ject to discrimination and lack opportunities in a given society will experience
similar patterns of exclusion in the event of a natural disaster. Furthermore,
because of their pre-existent exclusion, it is likely that these individuals already
occupyriskyareasandliveinprecarioushousing.24Groupsthatarelikelytoexpe-
riencethenegativeimpactof naturalhazardsmoreseverelyarewomen,children,
people with disabilities, the elderly, indigenous communities, and minorities.
As broadly discussed, vulnerability to disasters caused by natural hazards
is very much linked to social factors such as the size and structure of the
economy, labor markets, urban and rural planning, infrastructure, political
voice, and social networks.25 Scholars acknowledge that risk linked to the
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9. 72 DA COSTA and Pospieszna
journal of international humanitarian legal studies 6 (2015) 64-86
Participatory Action Research (par), which is a dialogical process in which communities
are not merely recipients of external knowledge and aid, but which facilitates their own
reflection and knowledge sharing. This forms the basis for community-based disaster
management and allows communities for example to exchange on their experiences cop-
ing with natural disasters.
26 Zack, supra note 23, suggests that “disaster magnifies social inequality”, and “the lack of
[disaster] preparation by and for the most disadvantaged in itself further disadvantages
them”, should they face a disaster.
27 We are referring here mainly to the presentation by Kathleen Tierney Dept. of Socio
logy & Institute of Behavioral Science, Natural Hazards Center, University of Colorado
presented at The University of Copenhagen, 1 November 2013, available at http://
changingdisasters.ku.dk/pdf/kick-off-2013/Kathleen-Tierney_Changing-Disasters.pdf/
(last accessed 26 November 2014). See also C. E. Fritz, ‘Disaster’, in R. K. Merton and R. A.
Nisbet (eds.), Contemporary Social Problems 651 (1961); and C. E. Althaus, ‘A Disciplinary
Perspective on the Epistemological Status of Risk’, 25 Risk Analysis 567 (2005).
28 See, for example, Fisher, supra note 12.
29 See M. Thompson, ‘Civil society and disaster’, in B. Wisner, J.C. Gaillard and I. Kelman
(eds.), Handbook of Hazards and Disaster Risk Reduction 723 (2012), at 730.
30 Risk Reduction Index 2013: Risk Reduction Index in West Africa, http://resources.daraint
.org/rri/rri_eng.pdf (last accessed 26 November 2014).
environment are not equally distributed between and within countries, with
those most exposed to risk being the poorest people in the poorest societies.26
Thus, they argue that environmental security can be achieved through changes
in social systems aiming to reduce people’s exposure to risk. Researchers in the
field of sociology27 also tend to emphasize that disasters are outcomes of pro-
cesses, and are originated within the social order, not outside it in “the natural
system.” In other words, disaster events are not discrete events “concentrated
in time and space”, and natural hazards, such as earthquakes and floods, are
considered triggers rather than causes of disasters.28
What are the characteristics and circumstances of a community,
system, or asset that make it vulnerable to the damaging effects of a hazard?
The common factors include legacies of colonialism and imperialism, exploi-
tation of natural resources, dictatorship, massive and increasing poverty,
income disparity, migration, rapid and uncontrolled urbanization (settlements
often located in areas prone to landslides, floods, and other disasters), inap-
propriate land use, environmental degradation, and climate change.29 The
Risk Reduction Index research project, for example, provides an in-depth anal-
ysis of risk reduction indicators, grouping them into the following categories:
environment and natural resources; socioeconomic conditions; land use and
the built environment; and governance.30
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10. 73The Relationship between Human Rights and Disaster Risk
journal of international humanitarian legal studies 6 (2015) 64-86
31 T. Cannon, ‘Vulnerability analysis and the explanation of “natural” disasters’, in A. Varley
(ed.), Disasters, Development and Environment (1994), at 13; Gaillard, supra note 7;
M.J. Watts, and H.G. Bohle, ‘The space of vulnerability: the causal structure of hunger and
famine’, 17 Progress in Human Geography 1 (1993), at 43–67; Wisner et al., supra note 5.
32 Wisner, supra note 24.
33 Inotherwords,unisdr expressesthisconceptasaformula:“Risk=HazardxVulnerability”.
See United Nations International Strategy for Disaster Reduction, ‘Living with Risk:
A Global Review of Disaster Reduction Initiatives, Volume II Annexes’, 2004, at 6.
34 J. Twigg, ‘Disaster Risk Reduction: Mitigation and preparedness in development and
emergency programming’, Humanitarian Practice Network at Overseas Development
Institute, Good Practice Review, Number 9, March 2004.
In addition to these factors, other related factors include communities’ lack
of disaster-related information, thus making it difficult for them to be involved
in the decision-making in all phases of the disaster management cycle, such as
disaster prevention, disaster response, disaster rehabilitation/recovery, and
deepening their vulnerability.31 For example, Wisner suggests that lack of
information may particularly affect migrant workers, for they may not flu
ently speak the local language and tend to avoid interaction with the State
bureaucracy.32
As suggested earlier, the conceptualization of hazards and vulnerability
implies that the occurrence of a flood, for instance, needs not result in disas-
ter.33 A flood that occurs in a place with neither human population nor eco-
nomic, social, and environmental assets will not necessarily lead to a disaster,
and vulnerability can be avoided or minimized through joint efforts towards
disaster risk reduction, i.e., actions taken already before a society is affected by
natural hazards.34 Particularly important is the adoption of legislation on
disaster risk reduction that takes into account human rights. To summarize,
the hrba to drr legislation emphasizes broad popular participation in politi-
cal life; consultation with the local communities, in particular the vulnerable
sections within such communities, in decision-making processes; access to
justice; transparency, and accountability.
Three key principles to bear in mind in this process of empowerment are:
1) participation, 2) information, and 3) non-discrimination. Participation indi-
cates that all parts of society, including impacted communities, grassroots
organizations, minorities, rural populations, and women, play an active role
and express their priorities; the participation shall be active, free, and mean-
ingful.The population shall be routinely consulted regarding drr plans to pro-
tect the communities, thus ensuring there is a legal framework in place which
is designed in a way that is sensitive to the specific needs and attributes of the
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11. 74 DA COSTA and Pospieszna
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35 S. Akbar, ‘A Rights-Based Approach to Housing Restitution in Post-Flood Pakistan’s
Khyber Pakhtunkhwa Province’, 21 Transnational Law & Contemporary Problems 853
(2013); T. Izumi and R. Shaw, ‘Role of ngos in Community-Based Disaster Risk Reduction
Community-Based Disaster Risk Reduction Community’, 10 Environment and Disaster
Risk Management 35 (2012); S. K. Kafle and Z. Murshed, ‘Community-based disaster risk
management for local authorities: Participant’s Workbook’, Asian Disaster Preparedness
Center (adpc), Pathumthani, 2006; A. Heijmans, ‘The social life of community-based
disaster risk reduction: Origins, politics and framing, disaster studies’, Working Paper 20,
Aon Benfield ucl Hazard Research Center, 2009; M. Oxley, ‘Developing a Post-2015 hfa
Policy Framework’, gndr Discussion Paper, 2012.
36 According to the ifrc, the legal framework relevant to drr includes: disaster manage-
ment laws, building and land management codes, environmental protection rules, and
flood and fire management laws. See International Federation of Red Cross and Red
Crescent Societies, ‘Better Laws, Safer Communities? Emerging Themes on How
Legislation Can Support Disaster Risk Reduction’, May 2013, at 8.
community.35 Information, especially on environmental hazards, needs to be
shared to encourage local populations to take part in joint community efforts;
information shall be transparent and easily accessible to the community.
Finally, non-discrimination suggests that the government pay particular atten-
tion to groups that are likely to be excluded because of their gender, economic
status, social condition, color, language, or other factors. This should also be
the case in relation to laws covering drr.
Aiming to explore links between the hrba and drr, we considered the pre-
liminary findings arising from a research project jointly conducted by the ifrc
and the United Nations Development Programme (undp), which focused on
the use of legislation as a tool for enhancing drr. For the purposes of the cur-
rent paper we focused our analysis on four countries’ legislative framework
relevant to drr, looking especially at whether, and to what extent, they include
a human rights perspective. The chosen countries are Ethiopia, Nepal, Brazil,
and the Dominican Republic.
The ifrc 2013 report published in the joint ifrc-undp project distinguished
four ways in which States integrated drr into their national legal frame-
works.36 The first type was “No Specific Law on Natural Disasters”, referring
to countries whose legal frameworks were not tailored to address issues
pertaining to natural disasters. The second type, a “Response Focus”, refers to
legislation on natural disasters that is largely limited to specific types of natu-
ral hazards, though it may also include policies on broader disaster manage-
ment and/or drr issues. The third type of legislation, so-called “Disaster
Management (dm) Focus”, refers to national laws that include some aspects of
prevention, early warning, mitigation, response and/or recovery. Finally, the
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12. 75The Relationship between Human Rights and Disaster Risk
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37 Ibid., at 8.
38 Ibid., at 15.
39 Law No. 147 of 2002.
40 Constitution of the Dominican Republic, 2010, articles 37, 38, 54, 59, 61, 62, 63 and 67 (i).
fourth category of legislation refers to “Disaster risk management legislation
that considers disaster risk reduction is an integral part of the disaster man-
agement legal framework from national to local level”.37 For the purposes of
the current paper we selected a country located in each respective category, as
identified in the ifrc study.
Ethiopia falls into the first category of having no dedicated statute on natu-
ral disasters. Due to its response focus, Nepal falls into the second category.
Brazil falls into the third category as its legal framework focuses on disaster
management. And finally, the Dominican Republic focuses on drr and there-
fore fits into the last category. We found that in Ethiopia, in addition to poor
social and economic conditions that make people vulnerable to natural haz-
ards,thereareinsufficienteffortstoensurethereisalegalframeworktoinclude
communities in the process of reducing disaster risk.
According to the ifrc report there is hardly any engagement with local
communities regarding drr practices and policies, and the involvement of
communities in legal processes such as environmental impact assessments
and planning is very limited. Knowledge of laws and policies is equally quite
reduced or even non-existent. Finally, communities suffer from a severe lack of
communication regarding drr projects and awareness promoting their
involvement in legal processes.38
In contrast, the Dominican Republic case shows that its Disaster Risk
Management Act (drm Act)39 addresses the close link between vulnerability
and natural disasters. It recognizes poorer communities among those most
vulnerable to disasters, and who need to have their capacity enhanced to
reduce disaster risk. The Act can be praised for its rights-based approach
to drr, which is a result of the government’s gradual efforts over the last
decade in improving the legislative framework and developing new ways to
modernize its democratic system. Although the new Dominican Republic
Constitution of January 2010 does not address protection against natural or
man-made hazards per se, it refers to the right to life, the protection of human
dignity, the right to liberty and personal security, and the right to an adequate
standard of living, including food security, housing, health, work, and educa-
tion.40 Thus, it intends to show that it is the duty of the State to provide
security and protection for its citizens. The drm Act also makes reference to
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41 Law No. 147–02, art. 1.
42 The summaries for Nepal and Brazil regarding empowerment process through law on
drr are placed in Table 1.
43 Fisher, supra note 12, at 576.
44 This seems to be increasingly acknowledged, for example in the ECtHR 2008 Budayeva
case, in which loss of life was found directly linked to the State's failure to take preventive
measures to address foreseeable hazards. See Judgment, Budayeva and others v. Russia,
Application No. 15339/02, ECtHR, 29 September 2008.
45 International Federation of Red Cross and Red Crescent Societies, ‘Ethiopia: Country
Case Study Report - How Law and Regulation Supports Disaster Risk Reduction', April
2013, at 26.
46 Ibid., at 26–27.
the right to life and personal physical integrity, as well the protection of mate-
rial goods from possible disasters.41 These are positive legal developments
pointing towards the link between natural disasters and human rights.42
As suggested by Fisher, “legal frameworks for risk reduction should also
include specific measures to ensure that good intentions are actually carried
out.”43 With this in mind we looked at whether there are effective mechanisms
in drr laws available to all those wishing to make complaints. Accountability
implies that the government shall be answerable for acts and omissions,
including in the event of disasters. It is an obligation of States to provide vic-
tims of human rights violations with effective remedies, according to article
2(3) iccpr. That being the case, we argue that claiming the right to protection
from preventable disaster losses should be considered a right of every citi-
zen.44 In this context what are the options for individuals facing the risk of
disaster losses to claiming their rights? Can the accountability process be
strengthened through post-disaster legal options available to disaster victims?
With these questions in mind we considered national laws, especially those
covering drr, in order to ascertain whether they may be used to hold govern-
ment officials into account.
Ethiopia has a constitutional provision covering the general protection of
individuals from natural and man-made disasters, together with the duty of
the State to provide assistance to victims. Although institutional responsibili-
ties are relatively well defined, there is no legal provision clearly indicating the
accountability and liability of authorities in case of their (in)action linked to
natural disasters.45 Also the country does not have legislation acknowledging a
right of individuals to receive information relating to imminent natural disas-
ters.46 Finally, Ethiopia has no legal mechanism for victims to complain about
losses following natural disasters.
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47 Article 2.2.1, National Strategy on Disaster Risk Management (nsdrm). See International
Federation of Red Cross and Red Crescent Societies, ‘Analysis of Legislation Related to
Disaster Risk Reduction in Nepal’, 2011, at 32.
48 Ibid., at 32.
49 Ibid., at 52.
50 International Federation of Red Cross and Red Crescent Societies (ifrc), ‘Analysis of
Legislation Related to Disaster Risk Reduction in Brazil’, 2011, at 5. For a non-official
English translation of the 1998 Brazilian Constitution, see http://www.v-brazil.com/
government/laws/constitution.html (last accessed 20 January 2014).
51 Law 10.257, of 10 July 2001, referred to as the ‘Statute of the City’.
52 ifrc, supra note 50, at 38.
53 Ibid., at 46.
54 Ibid., at 45.
According to Nepal’s 2009 National Strategy for Disaster Risk Management
(nsdrm), human rights are to be taken into account in drr efforts.47 However,
this is a policy document adopted by government, not a legally binding piece
of legislation. Nevertheless, the nsdrm advocates for protecting citizens from
avoidable disasters through recognizing the right to a dignified life, and also
indicating that the State should not create new risks during recovery and
rehabilitation. Authorities shall be sensitive to social justice, inclusion, and
equality in regard to gender, ethnicity, people with disabilities, people in pov-
erty, and marginalized communities, including Dalits.48 Among the guiding
principles of the nsdrm is that people have the right to be protected from
disasters.49Although the policy refers to the need for authorities to be
accountable to disaster-affected communities, there is no clear accountabil-
ity mechanism in place, including on specific remedies relating to disaster
prevention.
Brazil recognizes, among others, a constitutional right to adequate hous-
ing.50 Recent initiatives on urban planning led to the adoption of the Statute of
the City51 and the creation of the Ministry of Cities. These developments sug-
gest a current trend towards improving housing in particular. In a broader
sense, however, the country does not have in place a legal provision on manda-
tory disclosure of disaster risks known to government agencies and/or private
actors.52 There is also no clear law on State responsibility for omission by
authorities in relation to disaster preventative measures, and legislation on
disaster risk management (drm) is rather confusing when assigning responsi-
bilities to different bodies.53 Brazil has no national legal provision conferring
enforceable rights on citizens in relation to official drr initiatives.54 This can
frustrate communities, who are unable to compel authorities to take action on
disaster prevention.
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Finally, the Constitution of the Dominican Republic contains reference to
the right to life, the right to liberty and security, and the right to an adequate
standard of living, including food, housing, health, work, and education.55
Although there is no reference in the Constitution in relation to protection
against disasters, the Disaster Risk Management Act suggests that rights should
guide the national drm policy. Reference is made to the need to protect life,
personal physical integrity, material goods, productive means, and the envi-
ronment from possible disasters.56 However, the country has not adopted pre-
cise legislation that clearly provides the possibility of enforcing and protecting
these rights. There is also no legislation in place on accountability for disaster
losses, damage reparation, or rehabilitation and reconstruction.57
The overview of the four countries above suggests that the mere existence of
national legislation concerning natural disasters, including legislation relating to
drr, may not be sufficient for effectively advancing this area, especially in terms
of guaranteeingenforceablerightstoaffectedcitizens.Weconsiderthatenhance-
ment of the protection of individuals from natural disasters goes hand in hand
with a rights-based approach to drr. Thus we acknowledge the importance
of human rights, especially in community engagement, which is needed through-
out this empowerment process. If a government does not perceive the local com-
munity as an important actor in drr, this will translate in limited access to
information on the subject to the broad population, reducing the overall commu-
nityinvolvementandincreasingitsvulnerability.Weargueitisquiteimportantto
ensure a general climate of non-discrimination and respect for civil liberties, also
through individuals’ participation in collective and public affairs.
From the analysis of our case studies we suggest there might be a correla-
tion between progress in adopting a legislative framework on drr and the gen-
eral human rights situation of a country. In case of Ethiopia, a lack of
empowerment and engagement of individuals in drr activities may have its
roots in its current political system. According to popular regime indicators,
like Polity IV or Freedom House, this is an undemocratic country severely cur-
tailing political and civil rights. Issues of concern in the country relate to the
enjoyment of the right to freedom of assembly and association, freedom of
speech, freedom of religion, combined with allegations of frequent use of
political imprisonment and torture, often linked to different stances in relation
to religious beliefs and political views.
55 International Federation of Red Cross and Red Crescent Societies, ‘Analysis of Legislation
Related to Disaster Risk Reduction in the Dominican Republic’, 2011, at 43.
56 Ibid., at 44.
57 Ibid.
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58 1966 International Covenant on Civil and Political Rights, 999 unts 171.
59 icescr, supra note 14.
In other words, we acknowledge that countries may adopt various laws
and policies with ambitious goals towards natural disasters. However, if the
empowerment of local communities and the overall protection of human
rights are neglected, the efficiency and effectiveness of efforts to reduce or
manage disaster risk may be severely undermined. Moreover, the lack of
general legal accountability mechanisms to hold governments to account
translates into less available remedies for individuals affected by disasters.
The brief overview of our case studies suggests there are almost none or only
very few national remedial mechanisms available to victims of natural disas-
ters. It seems among the countries covered that natural disasters are still very
much perceived as ‘acts of god’, for which States have little to do with, espe-
cially in terms of prevention and risk reduction. This leads us to enquire
about further legal alternatives open to individuals, the reason why in
the next section we shift our focus to human rights mechanisms available at
the international level.
3 Strengthening Accountability through International Mechanisms
Since the four case studies covered in this paper are parties to different human
rights treaties, it is important to analyze what available options there are for
those seeking justice through international human rights monitoring mecha-
nisms. In the event that government authorities were aware but did not repair
defective disaster warning systems, or did not adopt measures to prevent dam-
age to property that was linked to natural hazards, could individuals claim vio-
lation of their rights? In this context, are international mechanisms effective in
holding governments into account? The current section focuses on these
issues.
Our coverage will focus on two key international human rights treaties
adopted in 1966, namely the International Covenant on Civil and Political
Rights58 (iccpr, which includes, among others, the right to life), and the
International Covenant on Economic, Social and Cultural Rights59 (icescr,
which includes, among others, the right to food, housing, and health). Taking
into account that in relation to both treaties States can adopt optional proto-
cols allowing individuals to bring a complaint alleging violation of rights
before a specialized monitoring body, we also looked at the First Optional
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60 1966 Optional Protocol to the International Covenant on Civil and Political Rights, 999
unts 171.
61 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
ga Res. 63/435, 10 December 2008.
Protocol to the iccpr60 and the Optional Protocol to the icescr.61 Whereas
all case studies are parties to the iccpr and the icescr, none of them is party
to the Optional Protocol to the icescr, which was adopted in 2008. In relation
to the First Optional Protocol to the iccpr, all our case studies, except for
Ethiopia, are parties to this particular instrument (see Table 1). None of our
case studies made reservations to any of the treaties covered in this paper,
meaning that they made no formal attempt to reduce or modify their obliga-
tions under these treaties.
According to the table below, individuals who feel their civil and political
rights were violated have the possibility of bringing a complaint at the interna-
tional level in relation to violations of the iccpr against Nepal, Brazil, or the
Dominican Republic. Since Ethiopia is not a party to the optional protocol
allowing for an individual complaint mechanism, there is no possibility for
individuals who allege violation of rights contained in the iccpr to bring a
complaint against this country at the international level. It is also worth noting
that a condition of admissibility for individual petitions at the international
level is the exhaustion of domestic remedies. This means that as a general rule,
applicants have to seek remedy under available national proceedings before
bringing a petition to an international monitoring body.
The practice of the un Human Rights Committee (HRCee), which is the un
treaty body mandated with the monitoring of States’ compliance with their
obligations under the iccpr, reveals no relevant information in relation to
the countries studied and natural disasters. The HRCee, for example, has not
yet clearly articulated that States have an obligation to protect the right to life
of persons likely to be affected by natural disasters, but also it has made no
suggestion to the contrary either. This is the conclusion obtained after identi-
fying and analyzing the Committee's assessment of the four countries’
periodic reports and complaints brought by individuals arguing violation of
the iccpr.
In relation to economic, social, and cultural rights, we looked at the practice
of the un Committee on Economic, Social and Cultural Rights (cescr), which
monitors the icescr. Since none of our case studies is party to the optional
protocol allowing for individual petitions, we looked specifically at concluding
observations adopted by the cescr after analysis of States’ periodic reports on
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62 See cescr, Concluding Observations Dominican Republic, E/C.12/DOM/CO/3, 26
November 2010, para. 5.
63 See cescr, Concluding Observations Dominican Republic, E/C.12/1994/15, 19 December
1994, para. 27.
64 See cescr, Concluding Observations Nepal, E/C.12/1/Add. 66, 24 September 2001,
para. 48.
their implementation of the treaty.This practice revealed very few instances in
which human rights were linked to natural disasters.
For example, in 2010 the cescr indicated its appreciation of the positive
role played by the Dominican Republic in response to the Haitian earth-
quake, although it did not further elaborate on this.62 In relation to the three
other countries, the cescr made no reference to natural disasters when
looking at State compliance with human rights obligations. Be that as it may,
one can identify some human rights aspects addressed by the cescr that
may be of relevance in the context of natural disasters, including regarding
prevention.
The practice of the cescr reveals some references to the right to housing,
land tenure, and information and participation by civil society in the interna-
tional human rights reporting. An example of that are its concluding observa-
tionsmadein2010afteranalysisof thereportof theDominicanRepublic,already
referred to. In this document the cescr noted the adoption of a national decree
ordering the eviction of houses built on a river bank, but highlighted the need to
take into account human rights obligations when governmental authorities
implement such measures, especially in relation to housing and forced evic-
tions.63 Since dwellings built on riverbanks may lead to greater erosion and
flooding, the situation is also relevant in terms of drr. The planning of human
occupation of suitable areas followed-up by regulation and implementation
contributestoreducingthevulnerabilityof agivensocietyincopingwithnatural
hazards. For example, due to the lack of better options many poor communities
recurrently experience flooding, for they tend to occupy more affordable but
flood-riskareas,despiteknowingthemtobesubjecttoperiodicfloods.Theresult
is that such communities remain in a position of vulnerability and recurrently
experience the negative impact of natural hazards.
A further reference to natural disasters was made by the cescr in 2001 in
relation to Nepal, asking the State to continue with agrarian reform and further
efforts to address land tenure issues.64 Since individuals tend to engage more
significantly in prevention efforts for the preservation of their own property,
the recognition of title over land is a human rights issue that intersects with
drr measures.
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Furthermore, in different opportunities the cescr noted with concern the
precarious settlements in which a large part of the world population live, espe-
cially the urban poor, for example in concluding observations relating to Brazil
and Ethiopia.65 This is another issue of relevance to natural disasters, for peo-
ple living in overcrowded areas in precarious dwellings are vulnerable to natu-
ral hazards that may develop into disasters.
Finally, the cescr also addressed in its practice access to information and
participation of civil society in the monitoring of human rights obligations of
States. These aspects were mentioned in the cescr concluding observations
relating to Brazil in 2003 and 2009, occasions in which the Committee actually
praised the country for its efforts in this sense.66
Although the human rights monitoring bodies scantly addressed natural
disasters in their monitoring of States’ obligations, the references above relat-
ing to our case studies suggest that some issues addressed by human rights
monitoring bodies are of potential relevance to drr. International human
rights monitoring bodies do not pay particular regard to natural disasters.
However, to the extent that human rights issues may relate to natural disasters,
the topic may increasingly gain space in the practice of these bodies.
The previous sections suggest that natural disasters may negatively affect
human rights, and that individuals who feel their rights were violated may
wish to seek redress for such violations. From the current section one may get
the general impression that international procedures are relatively few and
their effectiveness is not undisputed. It seems a general climate of respect for
human rights and community participation could enhance disaster risk reduc-
tion efforts, and thus reduce the need for victims to seek post-disaster justice.
Participation is also linked to the right to take part in the public affairs of the
State, based on article 25 iccpr. The Human Rights Committee interpreted
this article broadly, suggesting that individuals should also participate in pub-
lic policies in matters that affect them.67
For advocacy purposes it is also relevant to have statements of principle and
findings by international human rights bodies on the relationship between
65 See cescr, Concluding Observations Brazil, E/C.12/BRA/CO/2, 12 June 2009, para. 25. See
also cescr, Concluding Observations Ethiopia, E/C.12/ETH/CO/1–3, 31 May 2012, para. 20.
66 See cescr, Concluding Observations Brazil, E/C.12/1/Add.87, 26 June 2003, para. 14. A
similar point was made a few years later; see cescr, Concluding Observations Brazil,
E/C.12/BRA/CO/2, 12 June 2009, para. 4.
67 See Human Rights Committee, General Comment No. 25 (The Right to Participate in
PublicAffairs)(1996),‘Compilationof GeneralCommentsandGeneralRecommendations
Adopted by Human Rights Treaty Bodies’, HRI/GEN/1/Rev.7 (24 May 2004), para. 5.
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68 See International Federation of Red Cross and Red Crescent Societies (ifrc) and United
Nations Development Programme (undp), ‘Effective Law and Regulation for Disaster
Risk Reduction: A Multi-Country Report’, 2014, at 72–74 and 89.
natural disasters and human rights, for this may influence States’ policies and
laws on the subject. Due to the limited extent of this article our analysis was
limited to the two international human rights treaty bodies relevant to the
selected treaties reviewed. Further research is needed in order to provide a
more comprehensive overview of other possible international human rights
monitoring mechanisms of relevance here. This should take into account
mechanisms such as the un Special Rapporteurs (among others the un
Rapporteurs on the Right to Adequate Housing; and on Human Rights and the
Environment) and further practice of the Human Rights Council, particularly
the Universal Periodic Review. From this brief overview one can suggest that
there are potential linkages between human rights and disaster risk reduction,
and that the use of the international human rights machinery may well
enhance advocacy efforts for States to adopt and implement effective drr
measures.
Conclusion
The paper provides an account of the importance of linking human rights to
natural disasters. It suggests that especially through the adoption of a human
rights-based approach and the legal protection of human rights, advances can
be made also in the area of disaster risk reduction. The case studies suggest
that since the adoption of the Hyogo Framework of Action in 2005 countries
have progressed in adopting policies or laws addressing especially disaster risk
reduction, though much more needs to be done. One of the issues that should
be taken into account during the review process and adoption of a post-HFA
mechanism is the potential that human rights may provide for further advanc-
ing drr, for example as advocacy tools or ways of disaster victims to obtaining
compensation for disaster losses.
The potential of using human rights for advocacy and possible mechanisms
for enhancing accountability is being increasingly acknowledged, for example
in a recent study by two leading humanitarian actors in this sector.68 In rela-
tion to accountability at the national level, our case studies suggest that more
attention is being paid to the recognition of the need to protect individuals
from natural disasters, but that to date there is only a limited set of tools for
individuals seeking to hold governmental authorities to account.
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The overview of human rights mechanisms available at the international
level suggests that, increasingly, un treaty bodies are paying attention to natu-
ral disasters. However the issue is scrutinized in a rather non-systematic fash-
ion and is being taken only indirectly into account by the key human rights
monitoring bodies addressed in the current study. It is suggested that further
investigation on the potential use of available international human rights
mechanisms is worth being undertaken. This should include other human
rights treaties, un Special Rapporteurs, and the Universal Periodic Review of
the Human Rights Council.
The topic is a timely one for more attention is being paid to the link between
natural disasters and human rights. For example, the un International Law
Commission in its draft articles on the “protection of persons in the event
of disasters” adopted in 2014 made a clear reference to this link. According
to article 6 of the draft articles: “Persons affected by disasters are entitled
to respect for their human rights.” This is an important statement of princi-
ple, though there is a clear need for research to develop a more thorough
understanding of the subject. The articles shall be further considered by the
un General Assembly, which may lead to the adoption of an international
treaty on the subject, clarifying key legal aspects relating to disasters.Therefore
it can be concluded that the investigation of how human rights affect and are
affected by disasters is at a very early stage, especially in what regards the use
of human rights legal framework for advancing drr efforts. It seems that if
both agendas can be merged or at least inform each other, time and resources
might be more effectively used, generating a more positive impact on the
ground among communities.
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