HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE DISCUSSES HUMAN RIGHTS IN POST-DISASTER AND POST-CONFLICT SITUATIONS
The Human Rights Council Advisory Committee this afternoon discussed human rights in post-disaster and post-conflict situations.
Wolfgang Stefan Heinz, Chairperson of the Advisory Committee recalled that in accordance with resolution 22/16 of the Human Rights Council the Advisory Committee had been asked to prepare a report on best practices and challenges on protection of human rights in post-disaster and post-conflict situations.
A representative of Uruguay said that human rights violations had taken place during reconstruction and rescue work in post-disaster and post-conflict situations, which was of concern. The Advisory Committee should bear in mind the mandate and the limitations of the mandate of the Human Rights Council as well as work already undertaken in order to underscore that it was not starting from scratch.
Homayoun Alizadeh, Peace Mission Support and Rapid Response Section, Office of the High Commissioner for Human Rights, said human rights should be put at the centre of humanitarian response. The United Nations should assist Member States in capacity building to ensure that action was seen through a human rights lens.
Fiona Frazer, Europe and Central Asia section, Office of the High Commissioner for Human Rights, spoke about the Office’s role in the 2010 humanitarian crisis in Kyrgyzstan. A crucial element was ensuring that the response was as fast as possible bearing in mind the context on the ground.
Patrizia Varela, Americas Section, Office of the High Commissioner for Human Rights, briefed on the Office’s response to the 2010 earthquake in Haiti, which affected an estimated three million people and also affected United Nations personnel. Challenges included emergency preparedness and response.
Mika Kanervavuori, Millennium Development Goals section, Office of the High Commissioner for Human Rights, said in the “Ring of Fire” region in the Pacific the Office had worked with the Office for the Coordination of Humanitarian Affairs to create official or non-official structures to address protection issues, which had been quite successful.
The Committee then held a discussion on the issues, during which the following members spoke: Vladimir Kartashkin, Jose Antonio Bengoa Cabello, Saeed Mohamed Al Faihani, Mona Zulficar, Dheerujlall Seetulsingh, and Anantonia Reyes Prado, Wolfgang Stefan Heinz, and Obiora Chinedu Okafor. A representative of Uruguay also took the floor. The Japanese Workers Committee for Human Rights, International Network on the Prevention of Elderly Abuse in a joint statement, Kenya Human Rights Commission, and Service International also took the floor.
The Advisory Committee will next meet in public tomorrow, Tuesday 13 August, at 10 a.m. to discuss enhancement of international cooperation and the negative impact of corruption on the enjoyment of human rights.
Promotion and protection of human rights in post-disaster and post-conflict situations
WOLFGANG STEFAN HEINZ, Chairperson of the Advisory Committee recalled that in accordance with resolution 22/16 of the Human Rights Council the Advisory Committee had been asked to prepare a report on best practices and challenges on protection of human rights in post-disaster and post-conflict situations. In Resolution 22/16 the Council requested the Committee identify areas where further progress could be made for the enhancement of international cooperation and dialogue in the United Nations human rights machinery, including the Council. He said that there would be an exchange of views with representatives of the Office of the High Commissioner for Human Rights on the issue of human rights in post-disaster and post-conflict situations. The Advisory Committee would submit the report to the Council in March 2015, after an initial progress report in June 2014.
A representative of Uruguay said that human rights violations had taken place during reconstruction and rescue work in post-disaster and post-conflict situations, which was of concern. The Advisory Committee was being asked to submit a research report on the situation of human rights in post-disaster and post-conflict situations and protection of human rights in those situations. The Advisory Committee should bear in mind the mandate and the limitations of the mandate of the Human Rights Council as well as work already undertaken in order to underscore that it was not starting from scratch.
Presentations by representatives of the High Commissioner for Human Rights
HOMAYOUN ALIZADEH, Peace Mission Support and Rapid Response Section, Office of the High Commissioner for Human Rights, said the oldest question was how to secure access to people in need in humanitarian crisis while ensuring a human rights perspective. Human rights violations were often a cause and consequence of humanitarian crisis before, during and after, while pre-existing human rights issues could be exacerbated. Sometimes food distribution was used by local authorities to exclude specific ethnic groups from provision of basic services. Corruption, negligence and misuse of public revenues had been seen during natural disasters. The affected populations, as rights-holders, were not mere beneficiaries. The United Nations needed to assist Member States in building up capacities, to ensure that action was taken through a human rights lens. The Office of the High Commissioner for Human Rights’ mandate to be engaged in humanitarian action included the promotion and protection of the enjoyment of all civil, cultural, economic, social and political rights, the coordination of human rights promotion and protection activities throughout the United Nations system, and strengthening of national protection systems. In May 2011 the High Commissioner endorsed a strategy to that end, which included interagency support for rapid response and deployment of competent experts where needed. The Office also participated in assessments, monitoring and reporting.
FIONA FRAZER, Europe and Central Asia Section, Office of the High Commissioner for Human Rights, spoke about the Office’s role in the 2010 humanitarian crisis in Kyrgyzstan which came a year after a deteriorating human rights situation and tense political situation. Space for civil society became increasingly limited. In April 2010, the President was ousted, an interim Government was installed, and then in July a new constitution was voted in by referendum. Just before that, inter-ethnic violence took place in the south of the country which led to over 400 fatalities, thousands injured and 300,000 displaced. A pressing humanitarian situation evolved and there were human rights violations including sexual violence, torture and ill treatment. During the spate of violence a microcosm of the institutional and systemic human rights concerns that already existed in the country was seen. The Office of the High Commissioner for Human Rights played a key role in the development and thinking of the humanitarian country team. A participatory and community-based approach, along with coordinated efforts and non-duplication of work was essential. One of the Office’s key roles was integrating a human rights approach in humanitarian response. The humanitarian response in Kyrgyzstan ended in 2011, before moving into a peace-building phase. The Office of the High Commissioner for Human Rights took the lead with other United Nations agencies in looking at work in the administration of justice. It was important that the Government moved towards development. In terms of lessons learned, the cluster system had been key. A crucial thing for the Office with regard to its internal procedures was ensuring that the response was as fast as possible given the context on the ground.
PATRIZIA VARELA, Americas Section, Office of the High Commissioner for Human Rights, briefed on the Office’s response to the 2010 earthquake in Haiti. The situation in Haiti prior to the earthquake was already precarious and the earthquake affected an estimated three million members of the population. United Nations personnel were also among the victims which impeded the decision-making process to the response. The cluster system in the country was reactivated to support the Government in coordinating and leading the humanitarian response. The human rights section of the United Nations Stabilization Mission in Haiti (MINUSTAH) led the protection cluster, dealing with coordination and monitoring of the situation in the field, advocacy, especially in relation to forced evictions, and protection mainstreaming in emergency response. A challenge for the protection cluster was identifying a national counterpart given that protection was a cross-cutting issue. Another issue was emergency preparedness and response. The protection cluster updated its at the beginning of 2013 and continues to monitor the human rights protection situation in Haiti, especially for internally displaced persons. It also worked to mainstream protection in the Government’s programmes and strategies. A long-term vision needed to be incorporated into short-term emergency efforts.
MIKA KANERVAVUORI, Millennium Development Goals section, Office of the High Commissioner for Human Rights, said a success in development work had been the strong argument to put the whole concept and crisis of disaster into a rights environment, where the accountability of States was enhanced. That, combined with the notion of capacity development, would in the long-run decrease the need for intervention by the international community and help States manage with their own issues and challenges. Regarding the work of the Office in the Pacific, namely the “Ring of Fire” region, the speaker said that many of the Small Island States were the first to feel the effects of a changing climate. The Pacific was also small in terms of population, but in terms of human rights, that was no indicator of the importance of the suffering of those people. The Office of the High Commissioner for Human Rights, working with the Office for the Coordination of Humanitarian Affairs, had concentrated on the creation of official or non-official structures to address protection issues, and had been quite successful.
VLADIMIR KARTASHKIN, Committee Expert, said that resolution 22/16 did not give responses to the questions that we were going to have when preparing for the study. In the preamble, the resolution said that human rights were subject to various impacts from humanitarian crisis including armed conflict, natural disasters and man-made disasters. What was required was to carry out a study on 3 main areas. The problem was that armed conflicts, natural disasters and man-made disasters happened in different situations and the essence of each problem was different. This was all drawn under the heading of humanitarian crisis. Mr. Bengoa had correctly said that the question of natural disasters brought on a number of issues and that was also true of armed conflict and man-made disasters. We needed to think about appointing three members of the Committee for the preparation of the report.
Discussion with Committee Members
WOLFGANG STEFAN HEINZ, Chairperson of the Advisory Committee, listed key stakeholders, such as the Office of the High Commissioner for Human Rights and international organizations and regional organizations; as well as Member States, and civil society representatives, and funds and other actors. A challenge was that national structures were often weak, Mr. Heinz said, and asked how the Office reached out to stakeholders and actors, including violent, non-state actors? He also asked what ‘protection’ meant in this context.
SAEED MOHAMED AL FAIHANI, Vice-President of the Advisory Committee, said that protection in times of emergency and terrorism was important.
JOSE ANTONIO BENGOA CABELLO, Committee Expert, said they needed to decide on the main task of the Advisory Committee because they faced a hugely important subject which was prevalent across the world, and was undoubtedly of key importance. It was clear that armed conflict required humanitarian intervention. Natural disasters were another category. Man-made disasters were almost impossible to study. Mr. Cabello said more thought had to be given to the relation between rapid response and human rights, and about dealing with corruption during the recovery period.
OBIORA CHINEDU OKAFOR, Rapporteur of the Advisory Committee, said the Advisory Committee should focus on what the resolution itself actually requested it to do, not so much on the preambles. Reading loosely, what was being asked was quite narrow. As Mr. Okafor saw it, it was not so much the nature of the event but the effect of the event.
DHEERUJLALL SEETULSINGH, Committee Expert, asked how much all of the interventions in Haiti had cost. Why had it been so difficult to engage civil society in Haiti, and how could the State be brought in to cooperate with efforts?
Statements by non-governmental organizations and national human rights institutions
Japanese Workers Committee for Human Rights said that it welcomed Resolution 22/16 of the Human Rights Council. It had started peoples’ tribunals on Fukushima nuclear power plant, to question the responsibility of the Japanese Government for the human-made disaster. A final verdict had been concluded, in which Judges requested the decommission of all power plants, and the appointment of a Special Rapporteur on nuclear power plant disasters and human rights. The Advisory Committee was requested to research and debate the human rights in post man-made disasters.
International Network on the Prevention of Elderly Abuse, in a joint statement with International Longevity Centre, said that natural disasters and conflict and post-conflict situations were not the same. A difference should be drawn between what happened in developing countries and developed countries. The plights of the elderly in times of natural disasters had not been mentioned.
Kenya Human Rights Commission welcomed Resolution 22/16. The Committee had to concern itself with the issue of transitional justice when looking at post-conflict situation. Africa had over the years seen significant conflicts and civil unrest and addressed a series of reforms to address that; the Advisory Committee should explore how the Human Rights Council could enhance its role in that regard, and to identify the role of regional mechanisms in those processes. The African Union had been an active participant in mediating conflict and was now contemplating a policy on transitional justice.
Service International spoke about how non-governmental organizations were doing their best to support measures taken by the international community to help those affected by armed conflict or natural disasters.
Responses from speakers
HOMAYOUN ALIZADEH, Peace Mission Support and Rapid Response Section, Office of the High Commissioner for Human Rights, said regarding capacity building of national structures, it was important to closely cooperate with United Nations Country Teams to prepare for disasters, such as by doing a simulation exercise. Regarding accessing people in need, such as in Syria, especially in areas controlled by rebels, negotiation was needed as well as a concrete plan of action. Regarding the meaning of protection in this context, Mr. Alizadeh said it meant, for example, that latrines should be accommodated with lights to ensure that when women went to the latrines at night they were protected. Working with local authorities in terms of recovery was part of capacity building. Regarding corruption, legislation and anti-corruption measures were needed, as seen in Rwanda, while monitoring was also important. In terms of transitional justice, reconciliation and truth commissions were needed to look into consolation issues and make sure that those responsible for crimes against humanities or violations of human rights were brought to justice.
PATRIZIA VARELA, Americas Section, Office of the High Commissioner for Human Rights, said that the Independent Expert on Haiti had been involved since the aftermath of the earthquake and carried out a mission in February 2010 and tried to provide technical assistance to the Government, with practical recommendations including lessons learned from other parts of the world. He had also brought the Special Rapporteurs on internally displaced persons and on adequate housing to provide further expertise on those priority areas. On the funds received by donors to the Office of the High Commissioner for Human Rights, the first funds were received by the United Nations Emergency Relief Funds. The weak participation of civil society was in part due to a practical issue as cluster meetings took place at the United Nations base and access to it was difficult.
MIKA KANERVAVUORI, Millennium Development Goals Section, Office of the High Commissioner for Human Rights, said that the good practice and lessons learned and challenges were part of his presentation but were cut out for the purpose of time and dialogue. On working with weak Governments, it was crucial to keep in mind that of course the structure had to be strong and accountable before disasters. During disaster, the important aspect was to work with national first responders and the international community, or the donor community and assistance agencies, when there was no clear authority in place. The capacity of the authorities-to-be had to be built immediately after a disaster had struck. Academically speaking, the definition of protection encompassed all activities aimed at ensuring full respect for the rights of individuals in accordance with the letter of relevant law. Disaster-response had to be part of development work and a more holistic approach was needed.
FIONA FRAZER, Europe and Central Asia section, Office of the High Commissioner for Human Rights, regarding the practical aspects of having a team that was able to respond, said that when there were allegations from those who had been detained in Kyrgyzstan, for many of those they had no confidence or access to medical treatment. There was coordination with Medecins Sans Frontieres, for example, for medical examination and necessary treatment if required. Lack of documentation was for many a question of no confidence or access. On monitoring of trials, in many cases there were security issues in the court. Many defendants who themselves had been victims of circumstances felt confident that there was someone international or not linked to the institutional procedures. It was very hard to say what it meant to have international presence but for those who were particularly affected by violence or that were the most vulnerable in natural disasters, it was important to have an international body there to back them up.
JOSE ANTONIO BENGOA CABELLO, Committee Expert, said that he was under the impression that the Committee had a difficult time ahead of it and that the study would be complicated. Mr. Bengoa had asked a specific question as to whether it was needed to differentiate between the three types of disasters being talked about. This was a complex issue. He did not fully share the belief that the study should just have to relate to consequences.
ANANTONIA REYES PRADO, Vice-President of the Advisory Committee, said they needed to remember that when the situations arose there are also different actors involved and therefore different responsibilities when it came to States. The Committee faced something very complex and needed to be quite specific and produce a concrete report.
HOMAYOUN ALIZADEH, Peace Mission Support and Rapid Response Section, Office of the High Commissioner for Human Rights, speaking on capacity building, said that within the Universal Periodic Review context there were a lot of recommendations on the protection system. Capacity building did not only mean to physically produce something, but also meant improvement of coordination among all stakeholders.
DHEERUJLALL SEETULSINGH, Committee Expert, said he did not think the task was that difficult, and with the information provided today and the issues that had been raised it was quite possible to complete the assignment.
WOLFGANG STEFAN HEINZ, Chairperson of the Advisory Committee invited all members to consider in which drafting group they would like to work, to be assured that there were three strong groups working on the topics.
For use of the information media; not an official record
AC13/011E