Disasters and non-state actors – human rights-based approaches

Abstract

If you would like to write for this, or any other Emerald publication, then please use our Emerald for Authors service information about how to choose which publication to write for and submission guidelines are available for all. Please visit www.emeraldinsight.com/authors for more information. About Emerald www.emeraldinsight.comEmerald is a global publisher linking research and practice to the benefit of society. The company manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as well as providing an extensive range of online products and additional customer resources and services.Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for digital archive preservation. Disasters and non-state actorshuman rights-based approaches Marlies Hesselman and Lottie LaneDepartment of Law, University of Groningen, Groningen, The Netherlands Abstract Purpose -The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated. Design/methodology/approach -The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts "human rights-based approaches" (HRBAs) and "direct"/"indirect" human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments. Findings -IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities.Research limitations/implications -The findings are of interest to all actors involved in disaster governance, and are instructive for NGOs and businesses seeking to improve the design of disaster management activity. The research addresses only the responsibility of NGOs and private companies, but the framework of analysis set out is equally of interest to other actors' activities. Originality/value -The implications of IHRL for NSAs involved in disaster management are still poorly understood, despite their vast engagement. This study contributes by clarifying the roles and IHRL responsibilities of NGOs and businesses specifically, and articulates how applications of HRBAs may improve the protection of persons.

Governing Disasters: Embracing Human Rights in a Multi-Level, Multi-Duty Bearer, Disaster Governance Landscape

“…see Sphere Project, 2011, andan exception in UNHRC, 2015, para. 40(g)); more discussion in Hesselman & Lane, 2017). The UNGPs have been criticized for not contemplating positive responsibilities at all.…”

“…A great example of this obligation in the context of disasters is states' 'duty to regulate' the dangerous or polluting (industrial) operations of businesses, particularly by setting up adequate regulatory systems for facilities and operations involving permits, safety regulations, monitoring and providing for (criminal) accountability as necessary (CteeESCR, 2000, paras. 48, 51;European Court of Human Rights, 2008;Hesselman & Lane, 2017;see generally Hallo de Wolf, 2011, pp. 242-245).…”

“…First, it is commonly accepted-certainly as a matter of international law-that states bear the primary responsibility for the 'direction, control, coordination and supervision of the distribution of disaster relief and assistance on their territories', and that states are typically best placed to assess the various risks, rights and interests at stake, and to manage and allocate available resources accordingly (ILC, 2016, Draft Article 10 and commentary; Jones et al, 2014, p. 80;UNISDR, 2015b). Moreover, IHRL also clearly views the state as the primary 'duty bearer' for the protection of individuals' human rights, including disaster victims, even if such perspectives are certainly shifting to include duties for nonstate actors as well (see Section 4; Hesselman & Lane, 2017; United Nations Committee on Economic, Social and Cultural Rights [CteeESCR], 2000).…”

“…Human rights responsibility for corporations mostly requires businesses 'to do no harm', i.e. to operate in such a manner as not to interfere with individuals' existing human rights enjoyment (Hesselman & Lane, 2017;UNHRC, 2011, Guiding Principle 11). One of the difficulties has been to determine when this obligation to 'do no harm' is triggered and how it applies exactly in and across business operations, since businesses are not, and should not, be involved in or made responsible for every aspect of human life or disaster governance.…”

“…; and to actively and continuously identify who is vulnerable, left out or needs extra help (e.g. rural populations, the elderly, handicapped, women, children or the poor) (see also Hesselman, 2013;Hesselman & Lane, 2017;Kälin, 2011). The element of 'participation' speaks clearly to the complaint that MLG regimes may lack 'poor presence of citizens' representation', as it requires all stakeholders to engage affected populations in decisions affecting rights (UNHRC, 2015, para.…”