SESSION 2.1: INTRODUCTION TO HUMAN RIGHTS AND PROTECTION IN NATURAL DISASTERS
Time allotted for Session 2.1:
60 minutes
Slide 1: Introduction
Slide 2: Human Rights - Session Overview
I.
Human rights:
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Thinking about Human Rights in Disasters
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Human Rights Instruments
Protection
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The Concept of Protection
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A Human Rights Based Approach to Disaster Responses
II.
Slide 3: Example of Mozambique Cyclone 2007
Cyclone Favio in Mozambique in 2007 displaced almost 100,000 people from their homes and
caused a massive humanitarian crisis, creating shortages of clean drinking water supplies,
shelter, and provision of health care...
Note to Facilitator: Ask participants – What human rights have been affected in this disaster
scenario?
Slide 4: Human rights principles
International human rights are:
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Legal rights guaranteed by international law
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Applicable to all human beings
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Applicable at all times – in peace, armed conflict, in situations of natural disasters
Slide 5: Human rights - the UN Charter
Signed in 1945 by 50 original member states and led to the formation of the United Nations. As
a charter, it is a constituent treaty and all members are bound by its articles. Furthermore, the
Charter states that obligations to the United Nations prevail over all other treaty obligations.
Most countries in the world have now ratified the Charter.
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Note to facilitator: The United Nations Charter begins with the words “We the peoples of the
United Nations”…this means that we as citizens are also stakeholders in the United Nations –not
just member state governments - and therefore have an interest in the work of the UN and the
right to advocate for more effective UN policy and practice.
Slide 6: The Sources of Human Rights
Universal human rights conventions: some examples are 
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Universal Declaration of Human Rights
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
Conventions protecting specific groups of persons (women, children, persons with
disabilities, migrant workers and their families, refugees) Examples include the
Convention on the Elimination of Discrimination Against Women (CEDAW), the
Convention on the Rights of Children (CRC) and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, among
others.
Conventions prohibiting certain acts (e.g. torture, child labor, trafficking, etc.). Examples include
the Convention Against Torture (CAT); International Labour Organization Convention 182
Concerning the Prohibition and the Immediate Elimination of the Worst Forms of Child Labour;
the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children and others.
Regional human rights conventions: some examples are –
 American Convention on Human Rights
 European Charter on Human Rights
 African Charter on Human and Peoples' Rights
Note to facilitator: Ask participants – Do you know of any regional conventions, treaties or
specific human rights instruments not mentioned here that are relevant to your work or the
region where you work?
OR
Can you provide any examples of the practical application of these laws or advocacy efforts that
relate to the protection of disaster-affected persons?
National constitutions/laws guaranteeing human rights
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Note to facilitator: Insert examples of locally relevant laws and/or invites participants to talk
through their ideas on this.
Slide 7: The UN Declaration on Human Rights
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Preeminent document on international human rights standards
Serves as the springboard for treaties pertaining to human rights
The Declaration arose directly from the experience of the Second World War and represents
the first global expression of rights to which all human beings are entitled. It consists of 30
articles which have been elaborated in subsequent international treaties, regional human rights
instruments, national constitutions and laws.
Note to facilitator: If there is time, it can be powerful to have the specific rights mentioned in
the UDHR typed out on slips of paper and placed on each table or in a bowl on each table and to
have participants take turns (table by table) choosing a right from the bowl and reading it out
loud. This can be a powerful affirmation of rights for participants who may not be familiar with
the rights enshrined in the UDHR.
Slide 8: Human Rights and Humanitarian Principles
Note to facilitator – emphasize that these principles are at the core of humanitarian work in
natural disasters. Discrimination is a central issue that must be addressed both in terms of
monitoring and responding to, discrimination against people within the affected population. It is
also essential to ensure that we as humanitarians do not discriminate in the provision of
assistance; that information is given on a timely basis to those affected by the disaster, and that
affected persons and communities are full participants in all phases of disaster preparedness,
response and recovery.
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Red Cross/NGO Code of Conduct, Principle 2: “aid is given regardless of the race, creed, or
nationality of the recipients and without adverse distinction of any kind. Aid priorities are
calculated on the basis of need alone”
Sphere Standards: “humanitarian agencies have the responsibility to provide assistance in a
manner that is consistent with human rights, including the right to participation, nondiscrimination and information”
Good Humanitarian Donorship Initiative: “humanitarian action should be guided by…
impartiality… without discrimination between or within affected populations”
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Slide 9: In Reality
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Human rights instruments are aspirational; there is no country or society which has
achieved to fulfill all human rights standards but they can be seen as benchmarks that
governments should strive towards achieving.
It is not always possible for governments to adopt policies that respect all human rights at
all times; there sometimes needs to be a prioritization of rights when it comes to the policy
area, political and material constraints will also often not make it possible to respect all
human rights at all times. For example the government of a low-income country will not be
able to provide housing for all their citizens who affected by a large scale disaster because
of material and logistical constraints. This should though not be seen as an excuse to not try
to fulfill all human rights obligations.
It is possible, however, to incorporate a human rights dimension into planning and
operations and to become more effective advocates for disaster-affected people.
Slide 10: What do these instruments mean in times of emergency?
Note to facilitator: The fact that the local and national authorities/de facto authorities have the
responsibility to implement the law and to promote and protect rights should be emphasized
and re-emphasized by the facilitator throughout the training.
Ask participants – who is responsible for the implementation of the rights guaranteed in the
various human rights conventions, treaties and laws discussed? What conditions are required to
monitor and implement adherence to human rights law and other standards?
Slide 11: Governments have first responsibility
To ensure the human rights of their citizens are protected even during emergencies:
 Emergencies: conflicts, civil disturbances
 Natural disasters: floods, earthquakes, tsunamis, etc.
Slide 12: Questions for discussion
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What is an example of an emergency situation your country has faced in recent years?
How have human rights standards been incorporated in planning and response?
What are some obstacles to developing a rights-based approach?
Slide 13: Defining Natural Disasters?
What is a disaster? The combination of a natural hazard and the human context/vulnerabilities
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A natural disaster is defined as “the consequences of events triggered by natural
hazards that overwhelm local response capacity and seriously affect the social and
economic development of a region.”1
Question to participants - how ‘natural’ are ‘natural disasters’?
Natural disasters may be classified as sudden-onset (e.g. tsunamis, cyclones,
earthquakes) or slow-onset, which may refer to drought, sea-level rise due to climate
change or other long-term situations.
Slide 14: Natural Disaster Phases
Mitigation:
Mitigation efforts attempt to prevent hazards from developing into disasters altogether, or to
reduce the effects of disasters when they occur. The mitigation phase differs from the other
phases because it focuses on long-term measures for reducing or eliminating risk.
Preparedness:
Pre-disaster activities that are undertaken within the context of disaster risk management and
are based on sound risk analysis. This includes the development/enhancement of an overall
preparedness strategy, policy, institutional structure, warning and forecasting capabilities, and
plans that define measures geared to helping at-risk communities safeguard their lives and
assets by being alert to hazards and taking appropriate action in the face of an imminent threat
or an actual disaster.
Emergency Response:
Response is the immediate reaction to a disaster. It may occur as the disaster is anticipated, as
well as soon after it begins and while it is still ongoing. Emergency response mainly focuses on
lifesaving measures for affected populations, focusing on providing basic survival needs for
affected populations.
Early Recovery:
Early Recovery is recovery that begins early in a humanitarian setting often while emergency
response operations are still ongoing. It is a multi-dimensional process, guided by development
principles, that seeks to build upon humanitarian programmes and to catalyze sustainable
development opportunities. Early recovery aims to generate to the extent possible selfsustaining nationally owned and resilient processes for post-crisis recovery. Early recovery
encompasses livelihoods, shelter, governance, environment and social dimensions, including
the reintegration of displaced populations. It stabilizes human security and where the
opportunity exists begins to address underlying risks that contributed to the crisis.
1
Brookings-Bern Project on Internal Displacement, IASC Operational Guidelines on the Protection of Persons in Situations of
Natural Disasters, 2011, http://www.brookings.edu/reports/2011/0106_operational_guidelines_nd.aspx
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Recovery
Recovery consists of those activities that continue beyond the emergency period to restore
critical community functions and manage reconstruction. It differs from the response phase in
its focus; recovery efforts are concerned with issues and decisions that must be made after
immediate needs are addressed. Recovery efforts are primarily concerned with actions that
involve rebuilding destroyed property, re-employment, and the repair of other essential
infrastructure. Efforts should be made to "build back better", aiming to reduce the pre-disaster
vulnerability inherent in the community and infrastructure.
Slide 15: Definition of Protection
The concept of protection encompasses all activities aimed at obtaining full respect for the
rights of the individual in accordance with the letter and the spirit of the relevant bodies of law
(i.e. HR law, IHL, refugee law)2
Slide 16: A Human Rights Based Approach to Disaster Relief
 Places the human being and his/her rights at the centre of humanitarian action
 Requires the responsible authorities and humanitarian actors to recognize that beneficiaries
are not simply objects of charity but people with rights who should be consulted and
engaged as active participants in the decisions that concern them
 Identifies ‘rights holders’ and ‘duty bearers’ and attributes responsibilities accordingly
 Improves the effects of humanitarian action
Slide 17: Human Rights as a Framework
A rights-based approach uses human rights as a framework:
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To systematically analyze the vulnerability of people affected by the disaster and
identify specific protection needs
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To ensure that humanitarian action is non-discriminatory (is adapted to the particular
needs of affected persons or communities = not everyone receives the same level or
type of assistance)
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To ensure that humanitarian assistance (goods and services) is adequate = is (i)
available; (ii) accessible; (iii) acceptable; and (iv) adaptable
Slide 18: Protection activities
"Obtaining full respect for the rights of the individual" can encompass the following activities:
2
Third Workshop on Protection, Background paper, ICRC (7 January 1999)
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Activity: Environment building actions to create/consolidate an environment conducive to full
respect for the rights of individuals.
Examples: Capacity building for community/civil society and justice systems with, contingency
planning, accountability for perpetrators of human rights abuses.
Activity: Responsive actions to address on-going violations
Examples: intervention on behalf of a discriminated group, health care for persons living with
HIV/AIDS, prevention of sexual violence and response to sexual violence (e.g. availability of
early contraception pills, medical treatment, culturally appropriate psychosocial support)
Activity: Remedial actions to restore dignified living conditions through rehabilitation,
restitution, and reparation
Examples: Restoring food security, property restitution, support for livelihoods via microcredit,
community revolving credit loans etc.
Note to facilitator: Another option for the exercise is for the facilitator to define the mode of
action, and then either offer the listed examples or ask the participants for examples.
Slide 19: Protection needs
Such activities must be built on a systematic and context-specific analysis of the needs of the
disaster-affected persons in view of their vulnerability and in light of applicable human rights
standards.
The traditional challenge in disaster contexts has been that agencies operate according to
strictly defined mandates, rather than in response to the needs of the population as a whole.
The notion of protection aims at ensuring that all relevant needs of affected persons are
addressed regardless of the mandates of relevant actors and their limitations.
For example after a disaster, one agency may be mandated to deal with water and sanitation
issues and another with housing reconstruction. Each agency may be fulfilling their mandate
very successfully. However if there is a problem in the community with gender based violence
following the disaster, there is clearly a gap that the mandates don't cover but which becomes
obvious when a broader needs analysis is done and a ‘protection lens’ is applied in the needs
assessment.
Slide 20: Protection: Vulnerabilities
This slide highlights specific vulnerable/marginalized groups; the diagram also illustrates how
vulnerability can differ within groups, for example older women may have different
vulnerabilities than girls. Needs analyses should capture this nuance as well as the double or
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triple jeopardy experienced by some persons, such as an older woman with a disability who is
also impoverished and who may also be alone without any family support; an adolescent male
at risk of recruitment; a child-headed household with a child caring for siblings who are HIV
positive.
Slide 21: Protection: Areas of intervention
The impact of a natural disaster can be moderated and reduced in three main ways:
1) Hazard reduction measures, which reduce the possibility of the extreme event occurring in
the first place
2) Vulnerability reduction measures, which reduce the risk for the population living in the
disaster prone area
3) Capacity building measures, which actively aim to increase the ability of the population and
local actors (e.g. local or national government authorities) to respond to disasters
Note to facilitator: Ask participants to offer examples of each of the above measures
Slide 22: Protection: Actors' Obligations
Government is the main duty bearer of rights to disaster-affected citizens. They are obliged to:
 Prevent violations from occurring
 Stop ongoing violations
o by respecting human rights
o by protecting against violations by third parties
 Prevent recurrence of violations
 Repair, restore, rehabilitate if violations have occurred
The international community plays a supporting and complementary role to the government,
only undertaking independent initiatives where there is a need and where no government
capacity currently exists. The approach is to:
 Provide support to the government
 Complement government efforts; and (in rare cases and when possible)
 Substitute for the government in the protection of citizens
 Fulfill their mandates, ideally in coordination with other actors
Civil society can often provide essential services in all phases of the disaster cycle such as
advocacy, monitoring, provision of legal services, etc. It is important for humanitarians to
identify ‘protection allies’—active and engaged members of society who are willing to assist in
the development of strategies for advocacy and other action in protection. In some cases,
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members of civil society will be strong leaders—in others, capacity building will be necessary to
enable them to help others.
Slide 23: Protection is relevant for all phases of the disaster
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For prevention and disaster risk reduction
During an emergency
During recovery and reconstruction
Slide 24: Typical Protection Challenges in Disasters
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Protecting life and physical/psychological integrity
Protecting the integrity/dignity of persons
Ensuring access to water, sanitation, food, shelter, health services
Avoiding and protecting against discrimination in access to assistance (women, ethnic
minorities, older persons, persons with disabilities, etc.)
Preventing and ending exploitation of women and children (including boys)
Ensuring that limitations to freedom of movement (e.g. forced evacuations/relocations) are
necessary, carried out by competent authorities and uphold the rights and dignity of
affected persons
Preventing and responding to the separation of family members due to natural disasters.
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Addressing psychosocial issues related to loss and other issues
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Note to Facilitator: Session 2.2 consists of a brainstorming exercise on protection challenges.
Therefore, if time is limited, this slide can be left out.
Slide 25: Protection: Developing Strategies
Protection strategies should:
 Recognise vulnerabilities ahead of time
 Act with the vulnerable persons (participatory assessment)
 Reduce their vulnerability by influencing the:
 Time factors (moments when the risks are highest)
 Places (where risks are highest)
 Actors:
 as a source of risk
 as a source of protection
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Slide 26: Pressures in Applying Human Rights standards
The following are some of the pressures one might experience in applying human rights
standards to humanitarian action and/or policy development:
 Time constraints and political pressure for action
 Contingency funding limitations
 Incomplete information
 Cultural context and lack of trust in government by affected populations/NGOs
 Reluctance to raise human rights issues (or a real fear of raising them).
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Balancing fairness & efficiency – where do human rights come in with all these
pressures on governments and humanitarian actors to respond to disaster situations
Slide 27: Protection in Practice: Tools
In general:
- IASC Operational Guidelines on Protection of Persons in Situations of Natural Disasters
For those displaced by natural disasters:
- Guiding Principles on Internal Displacement
Slide 28: Thank you
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