Disaster management and human rights
The fundamental issue is focussing attention on the people who are
affected by disasters. The human rights framework helps to do that by
stressing the rights of the victims.
PRIME MINISTER Manmohan Singh recently inaugurated the first India Disaster Management Congress, which was also attended by the United Progressive Alliance chairperson Sonia Gandhi. It is notable that the UPA Government is demonstrating a certain degree of sincerity in dealing with this issue with attention given to disaster management at the highest level. It is almost two years since the tsunami disaster struck parts of South and South East Asia. Later, the world witnessed disasters like the hurricanes Katrina and Rita in the United States and the earthquakes in Pakistan and India. All of these have underlined the need for ensuring human security in disaster management through the protection of human rights and promotion of good governance policies.
Development of rights-based approaches to disaster management adds a new and important dimension to the existing studies relating to preparedness, response including relief and rehabilitation, and mitigation. In a report in the aftermath of the tsunami, prepared by the Representative of the U.N. Secretary General on the Human Rights of Internally Displaced Persons, it was noted that there was a lack of attention to human rights protection and that measures needed to be taken to address issues such as discrimination. The focus on rights-based approaches was to ensure that effective steps for disaster management no longer remained a discretionary initiative that may or may not be taken by countries. Rather, it would become the mandatory responsibility of governments.
The human rights framework creates empowerment through legal tools and institutional structures. Judicial and other forms of institutional intervention help formulate ways to protect the rights of people who could be affected by disasters as well as the victims of disasters. Thus, rights-based approaches can ensure that governments are constantly evaluated and made accountable to people and to the international community on disaster preparedness and mitigation. Accountability becomes a core component in the rights-based approach. There is a need for transferring this framework into policies relating to disaster management. Another important aspect of the rights-based approaches to development is to define human rights goals relating to disasters and disaster management policies. Specifically, by providing for timelines, indicators, and measurements to monitor the progress towards disaster preparedness, as well as dealing with potential violations of specific human rights.
Corruption, gender, discrimination
Corruption is a serious issue that undermines the governance process in the aftermath of disasters. Transparency in governance and accountability in the distribution of aid in disaster-affected countries is very important for the protection of human rights of the victims. Transparency International has noted, "corruption in the delivery of aid undermines the very spirit of humanitarian action." The right to a society free of corruption is an inherent human right because life, dignity, equality, and other important values significantly depend upon it. It is here that the concept of transparency and accountability fits in with the need for ensuring corruption-free governance and protection of human rights in the wake of disasters. This becomes even more important in countries affected by the tsunami in Indonesia, India, and Sri Lanka, countries where there is a high degree of corruption.
Disasters do not differentiate between men and women, but the consequences of disasters create different levels of victimisation among men and women. There have been a number of instances of victimisation of women in the aftermath of natural disasters. For example, the Asia Pacific Forum on Women, Law and Development, in a report noted many instances of human rights violations, such as rape and other forms of sexual abuse, against women in the aftermath of the tsunami. There is a clear need for recognising the human rights of women within the broader human rights-disaster management interface. This is due to the vulnerability of women during disasters and post-disaster rebuilding. Underlining the urgent need for focussing on a gender perspective to the tsunami disaster, the APWLD Report noted that women's rights were especially prone to violation due to the socio-economic status and existing patriarchal structure of societies.
There have been reports of caste-based discrimination while distributing aid as well as implementing rehabilitation programmes in the aftermath of disasters. Discrimination against Dalits and other marginalised people in India is writ large. The tsunami further exposed the deep-rooted historical divisions in society and rendered the marginalised people more vulnerable. This is the case even when the legal and constitutional framework in India prohibits such acts of discrimination. The human rights language has the potential to exert the right kind of pressure on all actors, including governments, so that any instances of discrimination or other violations are remedied quickly and steps are taken to ensure that they do not happen in the future.
Since disasters pose significant challenges to governance, it is not possible for governments to take care of all the relief and responses during the aftermath. There is a need for active participation by non-governmental organisations (NGOs) and the wider civil society. Civil society will also have its own sense of priorities when it comes to formulating policies relating to disaster management, and there is a need for including them in the discussions relating to developing response mechanisms.
The NGOs that participated in the Asian Civil Society Consultation on Post-Tsunami Challenges in February 2005 identified the following as major areas of concern: "the transparency and accountability of funds raised and received; the need to place people before corporate interests; the required synergy and cooperation based on humanitarian principles of neutrality, impartiality, universality, and non-discrimination; and the importance of empowering local communities and NGOs." Further, the concerns of NGOs may be quite different from the government, the international community as well as the aid agencies. And, it is important that these are included while formulating strategies for responding to disasters, including planning the relief and rehabilitation work.
The Humanitarian Charter and Minimum Standards in Disaster Response, 2004, identifies "participation" as the first common standard and requires aid agencies to ensure that the "disaster affected population actively participates in the assessment, design, implementation, monitoring and evaluation of the assistance programmes." The fundamental issue is placing the people who are affected by disasters at the centre of attention, and the human rights framework intends to do that by stressing upon the rights of the victims of disasters. Civil society response to disasters has come in different ways, including grass-roots NGOs providing humanitarian relief in the form of physical support. This also includes the role of domestic and international NGOs providing financial aid.
It is important to understand the damage caused by the tsunami, hurricanes Katrina and Rita, and the earthquakes in Pakistan and India as larger threats to human security. Such recognition will help us understand disaster preparedness as one of the core objectives of good governance.
The Commission on Human Security defines human security as a means to protect vital freedoms through protection and empowerment. It is a welcome development that the Government of India has decided to set up a Tsunami Early Warning System in the Indian Ocean by 2007 and also passed the Disaster Management Act, 2005. The fact that a National Disaster Management Authority headed by the Prime Minister has been constituted is a welcome development. It is hoped that similar bodies will be set up at the State and local levels.
However, development of a regulatory framework and institutionalisation alone is not sufficient for dealing with disasters. It is necessary for the government to commit funds and give attention to the issue of disaster management from a broader perspective of protecting human security and promoting human rights all within the framework of good governance and state responsibility.
(C. Raj Kumar is currently a Holding Redlich Distinguished Visiting Fellow at the Castan Centre for Human Rights Law, Faculty of Law, Monash University in Melbourne, Australia. He has recently co-edited a book, Tsunami and Disaster Management: Law and Governance , published by Sweet & Maxwell (Thomson) (274 pages). Email: crajkumar4@yahoo.com )
PRIME MINISTER Manmohan Singh recently inaugurated the first India Disaster Management Congress, which was also attended by the United Progressive Alliance chairperson Sonia Gandhi. It is notable that the UPA Government is demonstrating a certain degree of sincerity in dealing with this issue with attention given to disaster management at the highest level. It is almost two years since the tsunami disaster struck parts of South and South East Asia. Later, the world witnessed disasters like the hurricanes Katrina and Rita in the United States and the earthquakes in Pakistan and India. All of these have underlined the need for ensuring human security in disaster management through the protection of human rights and promotion of good governance policies.
Development of rights-based approaches to disaster management adds a new and important dimension to the existing studies relating to preparedness, response including relief and rehabilitation, and mitigation. In a report in the aftermath of the tsunami, prepared by the Representative of the U.N. Secretary General on the Human Rights of Internally Displaced Persons, it was noted that there was a lack of attention to human rights protection and that measures needed to be taken to address issues such as discrimination. The focus on rights-based approaches was to ensure that effective steps for disaster management no longer remained a discretionary initiative that may or may not be taken by countries. Rather, it would become the mandatory responsibility of governments.
The human rights framework creates empowerment through legal tools and institutional structures. Judicial and other forms of institutional intervention help formulate ways to protect the rights of people who could be affected by disasters as well as the victims of disasters. Thus, rights-based approaches can ensure that governments are constantly evaluated and made accountable to people and to the international community on disaster preparedness and mitigation. Accountability becomes a core component in the rights-based approach. There is a need for transferring this framework into policies relating to disaster management. Another important aspect of the rights-based approaches to development is to define human rights goals relating to disasters and disaster management policies. Specifically, by providing for timelines, indicators, and measurements to monitor the progress towards disaster preparedness, as well as dealing with potential violations of specific human rights.
Corruption, gender, discrimination
Corruption is a serious issue that undermines the governance process in the aftermath of disasters. Transparency in governance and accountability in the distribution of aid in disaster-affected countries is very important for the protection of human rights of the victims. Transparency International has noted, "corruption in the delivery of aid undermines the very spirit of humanitarian action." The right to a society free of corruption is an inherent human right because life, dignity, equality, and other important values significantly depend upon it. It is here that the concept of transparency and accountability fits in with the need for ensuring corruption-free governance and protection of human rights in the wake of disasters. This becomes even more important in countries affected by the tsunami in Indonesia, India, and Sri Lanka, countries where there is a high degree of corruption.
Disasters do not differentiate between men and women, but the consequences of disasters create different levels of victimisation among men and women. There have been a number of instances of victimisation of women in the aftermath of natural disasters. For example, the Asia Pacific Forum on Women, Law and Development, in a report noted many instances of human rights violations, such as rape and other forms of sexual abuse, against women in the aftermath of the tsunami. There is a clear need for recognising the human rights of women within the broader human rights-disaster management interface. This is due to the vulnerability of women during disasters and post-disaster rebuilding. Underlining the urgent need for focussing on a gender perspective to the tsunami disaster, the APWLD Report noted that women's rights were especially prone to violation due to the socio-economic status and existing patriarchal structure of societies.
There have been reports of caste-based discrimination while distributing aid as well as implementing rehabilitation programmes in the aftermath of disasters. Discrimination against Dalits and other marginalised people in India is writ large. The tsunami further exposed the deep-rooted historical divisions in society and rendered the marginalised people more vulnerable. This is the case even when the legal and constitutional framework in India prohibits such acts of discrimination. The human rights language has the potential to exert the right kind of pressure on all actors, including governments, so that any instances of discrimination or other violations are remedied quickly and steps are taken to ensure that they do not happen in the future.
Since disasters pose significant challenges to governance, it is not possible for governments to take care of all the relief and responses during the aftermath. There is a need for active participation by non-governmental organisations (NGOs) and the wider civil society. Civil society will also have its own sense of priorities when it comes to formulating policies relating to disaster management, and there is a need for including them in the discussions relating to developing response mechanisms.
The NGOs that participated in the Asian Civil Society Consultation on Post-Tsunami Challenges in February 2005 identified the following as major areas of concern: "the transparency and accountability of funds raised and received; the need to place people before corporate interests; the required synergy and cooperation based on humanitarian principles of neutrality, impartiality, universality, and non-discrimination; and the importance of empowering local communities and NGOs." Further, the concerns of NGOs may be quite different from the government, the international community as well as the aid agencies. And, it is important that these are included while formulating strategies for responding to disasters, including planning the relief and rehabilitation work.
The Humanitarian Charter and Minimum Standards in Disaster Response, 2004, identifies "participation" as the first common standard and requires aid agencies to ensure that the "disaster affected population actively participates in the assessment, design, implementation, monitoring and evaluation of the assistance programmes." The fundamental issue is placing the people who are affected by disasters at the centre of attention, and the human rights framework intends to do that by stressing upon the rights of the victims of disasters. Civil society response to disasters has come in different ways, including grass-roots NGOs providing humanitarian relief in the form of physical support. This also includes the role of domestic and international NGOs providing financial aid.
It is important to understand the damage caused by the tsunami, hurricanes Katrina and Rita, and the earthquakes in Pakistan and India as larger threats to human security. Such recognition will help us understand disaster preparedness as one of the core objectives of good governance.
The Commission on Human Security defines human security as a means to protect vital freedoms through protection and empowerment. It is a welcome development that the Government of India has decided to set up a Tsunami Early Warning System in the Indian Ocean by 2007 and also passed the Disaster Management Act, 2005. The fact that a National Disaster Management Authority headed by the Prime Minister has been constituted is a welcome development. It is hoped that similar bodies will be set up at the State and local levels.
However, development of a regulatory framework and institutionalisation alone is not sufficient for dealing with disasters. It is necessary for the government to commit funds and give attention to the issue of disaster management from a broader perspective of protecting human security and promoting human rights all within the framework of good governance and state responsibility.
(C. Raj Kumar is currently a Holding Redlich Distinguished Visiting Fellow at the Castan Centre for Human Rights Law, Faculty of Law, Monash University in Melbourne, Australia. He has recently co-edited a book, Tsunami and Disaster Management: Law and Governance , published by Sweet & Maxwell (Thomson) (274 pages). Email: crajkumar4@yahoo.com )
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