natural disasters and r2p
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NATURAL DISASTERS:
DISASTER means calamitous events whichendanger life, health, physical integrity, or theright not to be subjected to cruel, inhuman or
degrading treatment, or other fundamentalhuman rights
OF NATURAL ORIGINS such asearthquakes, volcanic eruptions, windstorms,torrential rains, landslides, droughts, fires,famine, epidemics.(Sixteenth Commission Humanitarian Assitance, Institute of IL, 2003)
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HUMANITARIAN ASSISTANCE
All acts, activities and resources for theprovision of goods and services of an
exclusively humanitarian character,indispensable for the survival andthe fulfillment of the essential needsof the victims of disasters.
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As the number of DISASTERS, of natural or man-made orgins,requesting the International assistance has increased,
the IC started to think if it is possible to apply thehumanitarian regulation(IHL), also in PEACE TIMES,
when disasters occur causing grave human sufferings.
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Which HUMAN RIGHTS?
Art. 6 ICCPR: Right to life
Art. 11 ICESCR: Right to an adequate standard of living
Art 12 ICESCR: Right to the highest attainable standardof physical and mental health
CESCR General Comment No.12: Right to adequate food CESCR General Comment No. 14: Right to the highest
standard of living CESCR General Comment No. 15: Right to water
Art. 2(2)ICESCR: Principle of NON-DISCRIMINATION
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States Responsibility under ICESCR
Art. 2(1) ICESCR: PROGRESSIVE REALIZATIONEach State Party to the present Covenant undertakes to take steps,individually and through international assistance and co-operation, especiallyeconomic and technical, to the maximum of its available resources,with a
view to achieving progressively the full realization of the rightsrecognized in the present Covenant by all appropriate means, includingparticularly the adoption of legislative measures.
CESCR GENERAL COMMENT 31. []while the Covenant provides for progressive realization andacknowledges the constraints due to the limits of available resources, it alsoimposes various obligations which are of immediate effect[].10. [] The Committee is of the view that a minimum core obligationtoensure the satisfaction of, at the very least, minimum essential levelsof each of the rights is incumbent upon every State party [].
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DUTIES OF THE STATES
CESCR General Comment 14(33):
Duty to RESPECT
Duty to PROTECT
Duty to FULFILL: to FACILITATE, PROMOTE and PROVIDE
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The Affected State:
If the affected State is not able to provide
sufficient humanitarian assistance it SHALLseek assistance from competent InternationalOrganizations and from Third States.
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Cooperation among actors
CESCR General Comment 12 (38)
38. States have a joint and individual
responsibility, in accordance with the Charter ofthe United Nations, to cooperate in providingdisaster relief and humanitarian assistance intimes of emergency, including assistance to refugees andinternally displaced persons
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Third States and other actors:
RIGHT TOOFFER H.A.
EXCLUSIVELYHUMANITARIAN
CHARACTER
PRINCIPLE OFNON-
INTERFERENCE
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THE AFFECTED STATE
.
If the REFUSAL leads to a THREAT toINTERNATIONAL PEACE AND SECURITYas well as GRAVE HUMANITARIAN CRISIS,the International community mayaskthe UN Security Council to take thenecessary measures under the R2P doctrine.
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EVOLUTION OF R2P DOCTRINE: Canadian Government sponsored report of the
:
(World Summit Outcome Document par. 138, 139)
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CLASSICAL APPROACH OF THE R2P
R2P stipulates :
1. Every state has the Responsibility to Protect its populations
from four mass atrocity crimes:
.
2. The wider international community has the
individual states in meeting thatresponsibility.
3. If a state is manifestly failing to protect its populations, theinternational community must be prepared to take
and in accordance with the UN Charter.(2005 World Summit Outcome Document)
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APPLICATION OF R2P Since its formulation the R2P has been invoked
referring to its narrow sense. DRC and Burundi (2006), Lybia (2011), Cte dIvoire (2011),
Yemen (2011) and Mali (2012/2013)
Can the R2P be invoked in situations causinggrave human sufferings, but not linked to the
previous 3 Pillars?
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MYANMAR: CYCLONE NARGIS
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EFFECTS:
The inadequate efforts and assistance that the Governmenthad carried out in the aftermath of the disaster
The non-cooperative attidute toward the few acceptedInternational aid (diversion of aid)
Grave human sufferings comparable to theeffects occurring during a war time context.
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There was among States:China would have veto.
A could have worsened theconditions of the population.
Among States there was a
in natural disasters
WHY DID IT NOT HAPPEN?
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CONCLUSIONS
Theis an evident
, since theprinciple of non-interferenceis still deeply rooted.
The to applythe R2P doctrine is
while humanitarianemergencies need promptand rapid intervention.
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(Human Rights Regulation)
: efforts to improvethe collective action and the results (Guidelines)
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Even if the IL has already evolved in
favor of a stronger protection of
individuals and their basic rights,
States sovereignty is still a majorobstacle on this road.
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