Abstract
Disasters do not affect all people evenly. Some people end up paying a higher price due to pre-existing conditions that influence their vulnerability. Among the key factors that determine how people are affected by disaster and able to cope with it are gender, age, disability, race, or ethnicity. Thus, women, children, older persons, people with disability and minorities, and indigenous groups are widely recognized as particularly vulnerable and in need of specific protection in disaster situation. Protection of vulnerable groups is grounded in various international human rights laws and standards. For each category of vulnerable population this chapter offers an overview of the main protection concerns commonly found in both man-made and natural disasters, the normative frameworks that provide for their protection as well as a review of the practice in disaster situations. The analysis reveals inconsistencies in relation to the amount and the extent to which international norms are actually applied across the whole disaster management cycle, that result in significant disparities in the way the needs and concerns of different categories of people are recognized and addressed. Among all, older people have received the least attention, followed by persons with disability, minorities, and indigenous groups. Lack of disaggregated data that provide evidence and guide response to the different needs and constraints different people face is one of the biggest challenges to the protection of vulnerable groups in disaster situations. Overall, despite significant advances in the past years, sensitivity to diversity and inclusiveness continues to be mostly a theoretical commitment rather than a practice in disaster management.
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Notes
- 1.
Though increasingly used in the humanitarian and development spheres, there is still no accepted definition of the term ‘resilience’ across different disciplines. According to FAO, resilience is the ability of a system, community, or society exposed to hazards to resist, absorb, accommodate, and recover from its effects in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions (FAO 2011).
- 2.
For example, human rights violations in the aftermath of the 2004 tsunami in South East Asia were widespread, and included discrimination in the provision of assistance, unequal access to aid, sexual and gender-based violence (GBV), and forced relocation of groups of people. Inadequate attention to the rights of poor, African American, the elderly, and the immigrants flawed the response to the strike of Katrina in US in 2005. http://www.brookings.edu/opinions/2010/0113_haiti_ferris.aspx. Accessed 14 September 2011. The Committee on the Rights of the Child (CRC), the Committee on the Elimination of Discrimination against Women (CEDAW), and the Committee on the Rights of Persons with Disabilities (CRPD) issued a joint statement after the 2010 Pakistan floods because discrimination in accessing relief aid and registration were found against minority communities, Afghan refugees, women, children and persons with disabilities. http://acelebrationofwomen.org/?p=30279. Accessed 14 September 2011.
- 3.
Just to cite an example, a contributing factor to the increased attention to women and gender roles and relations in general in disaster situations was the UN designation of the 1990s as the International Decade for Natural Disaster Reduction.
- 4.
Wisner 2009.
- 5.
See for example http://gar-isdr.desinventar.net/ and the International Disaster Database http://www.emdat.be/database. Accessed 14 September 2011.
- 6.
The study focuses on activities in the sectors of Agriculture/Food Security, Education, Emergency Shelter, Health and Water and Sanitation, and includes conflicts and natural disasters. See Mazurana et al. 2011.
- 7.
- 8.
Giossi Caverzasio 2001, 19.
- 9.
ICRC 2008.
- 10.
ALNAP 2005, 33.
- 11.
WHO 2005, 1.
- 12.
GBV is an umbrella term for any harmful act that is perpetrated against a person’s will, and that is based on socially ascribed (gender) differences between males and females. The term highlights the gender dimension of these acts that, while committed more often against women and girls, can also be experienced by boys and men. Some of the forms of GBV that may be found in disaster situations include domestic violence, sex trafficking, forced marriage, and sexual coercion. IASC 2005. GBV has been assumed to be a constituent part of protection globally. Under the UN Humanitarian Reform, UNFPA and UNICEF are mandated to co-ordinate efforts for the prevention of and response to GBV in emergency contexts under the Protection Cluster.
- 13.
- 14.
See Reyes, Charles 2010.
- 15.
- 16.
UN 1997, 63–65.
- 17.
Wisner et al. 2004, 11.
- 18.
- 19.
While assisting the displaced populations in the (Koshi) flood-affected districts of Sunsari and Suptari in Eastern Nepal in 2008, information gathered by the author suggested that women and girls living in temporary shelters located at the edge of the main road were more at risk of assault by strangers and people passing by than those accommodated far away.
- 20.
For example, in Vietnam traditional customs and practices and language barriers contribute to the lack of knowledge about their rights among women belong to ethnic minorities. Socialist Republic of Vietnam 2005, 6.
- 21.
See MRG 2011, 11–12.
- 22.
Women’s Refugee Commission 2008, 4.
- 23.
2007 United Nations Declaration on the Rights of Indigenous People.
- 24.
1989 Convention on the Rights of the Child.
- 25.
2006 United Nations Convention on the Rights of Persons with Disabilities.
- 26.
- 27.
Harper 2009, 18.
- 28.
This includes the Universal Declaration of Human Rights and the two Covenants on Civil and Political Rights, and Economic, Social and Cultural Rights, as well as a series of more specific treaties that will be discussed more in detail in the remaining of the chapter. For a comprehensive analysis on the role of Human Rights Law in disaster situations, refer to Chap. 15 by Creta in this volume.
- 29.
International Law Commission 2008, A/CN.4/598 para 22. See also Chap. 11 by Venturini in this volume.
- 30.
Migration triggered by a disaster, both out and into disaster-affected areas, is not discussed here as the complexity of the phenomenon would require not only contextualizing the debate, but also a comprehensive overview of all the possible typologies of disaster-induced migration (voluntary vs. forced, temporary vs. permanent, internal vs. international, and so on) and the protection concerns therein. Adding to the complexity is the current unsolved debate on whether a refugee-like status should also be granted to disaster-related migrants. For a discussion of these and other relevant aspects of the migration – environment nexus see also IOM 2009.
- 31.
IOM 2009, 285.
- 32.
- 33.
International Law Commission 2007, A/CN.4/590.
- 34.
See Harper 2009, 48–70.
- 35.
International Law Commission 2007, A/CN.4/590.
- 36.
See Chap. 2, Sect. 2.6 by Venturini in this volume. See also Chap. 24 by Calvi Parisetti, Sect. 24.3.1; Chap. 20 by De Siervo, Sect. 20.3.3; Chap. 23 by Silingardi, Sect. 23.3.2 all in this volume.
- 37.
Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2, 11 February 1998.
- 38.
IASC 2011.
- 39.
See also the outcomes of the Oslo Conference for the 10Â years of the Guiding Principles, October 2008. Most recently, they served as the basis for the 2009 Africa Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention).
- 40.
Guiding Principles on Internal Displacement, E/CN.4/1998/53/Add.2, 11 February 1998.
- 41.
IASC 2011, 8.
- 42.
- 43.
IASC 2011, 61.
- 44.
Ibid. 29.
- 45.
- 46.
http://www.un.org/womenwatch/daw/followup/session/presskit/fs1.htm and http://www.un.org/ecosocdev/geninfo/women/women96.htm. Accessed 12 September 2011.
- 47.
- 48.
Ferris 2008.
- 49.
UNDP 2007, 77.
- 50.
Baez et al. 2010, 32.
- 51.
Gender refers to the social differences between females and males of all ages that are learned, and though deeply rooted in every culture, are changeable over time and have wide variations both within and between cultures. IASC 2006, 1. See also http://www.un.org/womenwatch/osagi/conceptsandefinitions.htm. Accessed 12 September 2011.
- 52.
Kumar-Range 2001, 2.
- 53.
Alba, Luciano 2008.
- 54.
IFRC 2007, 123.
- 55.
According to the UN Secretary-General’s Bulletin on Protection from Sexual Exploitation and Abuse, ST/SGB/2003/13, sexual exploitation means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially, or politically from the sexual exploitation of another, while sexual abuse means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
- 56.
Alba, Luciano 2008.
- 57.
Godoy 2010.
- 58.
- 59.
Harper 2009, 77.
- 60.
Enarson 2000, 10.
- 61.
Houghton 2005, 3.
- 62.
GPPI 2010, 47.
- 63.
IASC Sub-Working Group on Gender 2010.
- 64.
Cosgrave and Herson 2008, 210.
- 65.
UNISDR 2011.
- 66.
For instance, an evaluation of the assistance provided to mothers and children after the earthquake in Gujarat, India, pointed to the fact that field hospitals used during the disaster were of military origin and did not pay enough attention to the needs of women and children. See Bremer 2003, 377.
- 67.
1979 Convention on the Elimination of All Forms of Discrimination against Women.
- 68.
1999 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
- 69.
1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages.
- 70.
1993 United Nations Declaration on the Elimination of Violence against Women.
- 71.
Protection against harmful traditional practices is also provided in the 1998 Protocol to the African Charter on Human Rights and People’s Rights on the Rights of Women in Africa (PACHPRA).
- 72.
The right to consensual marriage is also guaranteed in several international treaties such as the ICESCR, the ICCP, the Convention on the Consent to Marriage (Artile 1–2), as well as in the UNDHR.
- 73.
For an exhaustive list see IASC 2011, 62.
- 74.
Children are considered persons below the age of 18Â years unless under the law applicable to the child majority is attained earlier. Convention on the Rights of the Child, Article 1.
- 75.
http://www.aaets.org/article38.htm. Accessed 3 August 2011.
- 76.
Save the Children 2010b, 1.
- 77.
WHO 2008a, 93.
- 78.
http://www.worldforum2010.org/LinkClick.aspx?fileticket=GuygXDczP3s%3D&tabid=106 Accessed 16 September 2011.
- 79.
TCG 2009, 156.
- 80.
CRS 2005, 16.
- 81.
Felten-Biermann 2006.
- 82.
Lazarus et al. 2003, 1.
- 83.
Save the Children 2010b, 2.
- 84.
- 85.
ICRC 2004.
- 86.
1989 United Nations Convention on the Rights of the Child.
- 87.
2000 Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography.
- 88.
A/RES/55/25, 15 November 2000.
- 89.
Harper 2009, 139.
- 90.
The 1973 ILO Convention on the Minimum Age for Admission to Employment and Work No. 138 affirms that children cannot be employed before finishing their compulsory schooling, which is generally at 15. Exceptions are made possible for developing countries lowering the minimum age to 14. However, light work, which must not threaten children’s health and safety or hinder their education, is allowed between 13 and 15, with exceptions for developing countries where it is allowed between 12 and 14.
- 91.
Harper 2009, 149.
- 92.
1999 ILO Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour No. 182.
- 93.
For an exhaustive list see IASC 2011, 62.
- 94.
Though there is no universally accepted numeric criterion, the UN agreed cutoff is 60+Â years to refer to the older population. http://www.who.int/healthinfo/survey/ageingdefnolder/en/index.html. Accessed 19 July 2011.
- 95.
IASC 2008, 3.
- 96.
Harper 2009, 107.
- 97.
Baez et al. 2010, 33.
- 98.
HelpAge International 2000.
- 99.
IFRC 2007, 75.
- 100.
Wells 2005, 16.
- 101.
HelpAge International 2002.
- 102.
WHO 2008b, 14.
- 103.
Wells 2005, 2.
- 104.
Flash Appeals are tools for structuring a co-ordinate response for the first 3–6 months of an emergency. They are usually issued within 1 week after a disaster and identify life-saving needs and some recovery projects that can be implemented within the proposed timeframe.
- 105.
- 106.
The study analyzed the Consolidated Appeals Process (CAP) and Flash Appeals of 12 humanitarian crises since 2007, including some 7 natural disasters in Burkina Faso, El Salvador, Haiti, Honduras, Myanmar, Pakistan, and the Philippines. Ibid. 3–5.
- 107.
Ibid. 4.
- 108.
WHO 2008b.
- 109.
Wells 2005, 5. Older persons are explicitly named in the Convention on the Rights of People with Disabilities, while the committee charged with the monitoring of the implementation of the CEDAW has highlighted the important role that the convention can play in protecting older women’s rights. Harper 2009, 104.
- 110.
Wells 2005. Age, for example, is not explicitly mentioned in the UDHR, the CEDAW, the CERD, the United Nations Declaration on the Rights of Indigenous People.
- 111.
See for example IASC 2011.
- 112.
United Nations Madrid Plan of Action on Ageing, paras 54–56. The MIPAA is the final document adopted at the United Nations Second World Assembly on Ageing held in Madrid in April 2002. It is a tool to assist policymakers to integrate the rights and needs of older citizens into national and international development policies. It represents the first agreement among Governments where questions about aging are linked to other frameworks for social and economic development and human rights, most notably those agreed at the United Nations conferences and summits of the past decade.
- 113.
2000 Charter of Fundamental Rights of the European Union.
- 114.
Ibid. paras 55–56.
- 115.
For an exhaustive list see IASC 2011, 63.
- 116.
- 117.
NGO Committee on Aging 2008.
- 118.
Atlas Alliansen and CBM 2011.
- 119.
Convention on the Rights of Persons with Disabilities, Article 1.
- 120.
Handicap International 2005, 10.
- 121.
IFRC 2007, 87.
- 122.
This is the case for example in India, http://siteresources.worldbank.org/INDIAEXTN/Resources/295583-1171456325808/Chapter02.pdf, and in a number African, Caribbean, and Pacific and Mediterranean Basin societies, as well as Native American tribes, http://www.ntac.hawaii.edu/AAPIcourse/downloads/readings/pdf/Multiculturalism.pdf. See also http://srsg.violenceagainstchildren.org/viewpoint/2011-06-20_348. Accessed 22 September 2011.
- 123.
Handicap International 2005, 28.
- 124.
Shivji 2010, 6.
- 125.
Ibid.
- 126.
http://www.un.org/disabilities/default.asp?id=1546. Accessed 16 July 2011.
- 127.
UNDP et al. 2002, 32.
- 128.
- 129.
http://www.un.org/disabilities/default.asp?id=1546. Accessed 16 July 2011. See also Shivji 2010, 4.
- 130.
Kett et al. 2005, 9.
- 131.
IASC 2011, 17.
- 132.
See also Simmons 2010, 11.
- 133.
Ibid. 37.
- 134.
2006 United Nations Convention on the Rights of Persons with Disabilities.
- 135.
Ibid. 8.
- 136.
The principle of non-discrimination is spread throughout the Convention on the Rights of Persons with Disabilities.
- 137.
1991 Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care.
- 138.
1971 Declaration on the Rights of Mentally Retarded Persons.
- 139.
A similar form of protection is also granted under Article 23 of the CRC.
- 140.
For an exhaustive list see IASC 2011, 63.
- 141.
http://www.minorityrights.org/548/our-work/our-work.html. Accessed 19 September 2011.
- 142.
1989 ILO Convention on Indigenous and Tribal Peoples, No. 169.
- 143.
UNDESA 2009, 21.
- 144.
Petition to the Inter-American Commission on Human Rights seeking relief from violations resulting from global warming caused by acts and omissions of the United States, 7 December 2005, http://www.ciel.org/Publications/ICC_Petition_7Dec05.pdf. Accessed 24 February 2012. See Baird 2008, 2.
- 145.
Baird 2008, 3.
- 146.
- 147.
MRG 2011, 95.
- 148.
Human Rights Centre University of California 2005, 9.
- 149.
UNDESA 2007.
- 150.
http://upsidedownworld.org/main/peru-archives-76/2582-oil-spill-devastates-amazon-region-in-peru. Accessed 19 September 2011.
- 151.
MRG 2011, 104.
- 152.
IFRC 2007, 24.
- 153.
Ibid. 48.
- 154.
OECD 2006, 9.
- 155.
Ibid. See also Socialist Republic of Vietnam 2005.
- 156.
Australian Red Cross 2008.
- 157.
UNISDR 2008, 52–54.
- 158.
1965 United Nations Convention on the Elimination of All Forms of Racial Discrimination.
- 159.
There are a number of regional conventions protecting minorities’ rights, namely within the European Union, America, and Africa. See Harper 2009.
- 160.
Ibid.
- 161.
2007 United Nations Declaration on the Rights of Indigenous People.
- 162.
1989 ILO Convention Indigenous and Tribal Peoples, No. 169.
- 163.
For an exhaustive list see IASC 2011, 65.
- 164.
There is solid evidence of this differential attention in the global discourse and practice on disaster risk reduction. For instance, while background papers on gender issues and children have been integrated in the UNISDR Global Assessments Report on Disaster Risk Reduction 2009 and 2011, other vulnerable groups are not even referenced there.
- 165.
The review took in consideration Flash Appeals and CERF issued after natural disasters between 2004 and 2010. The selection included only those appeals that had 2 or more projects in the protection cluster, while other clusters such as health, nutrition, shelter and so on were not considered for selecting the appeals addressing vulnerable groups.
- 166.
Elaine Enarson is widely recognized as the pioneer in the sociological research of gender aspects in disaster contexts. At the international level, the stepping stone for the integration of gender issues in disaster risk reduction was an expert group meeting on ‘Environmental Management and the Mitigation of Natural Disaster: A Gender Perspective’ organized by the UN Division for the Advancement of Women in collaboration with UNISDR, which focused on women’s risk management capacities. However, only in 2007 at the Global Platform for Disaster Risk Reduction gender issues were finally formally addressed.
- 167.
See http://reliefweb.int/node/350699; and http://www.ageuk.org.uk/latest-news/archive/one-year-on-older-haitians-still-ignored-by-relief-effort/. Accessed 16 July 2011.
- 168.
IJDH et al. 2010, 13.
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Bizzarri, M. (2012). Protection of Vulnerable Groups in Natural and Man-Made Disasters. In: de Guttry, A., Gestri, M., Venturini, G. (eds) International Disaster Response Law. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-882-8_16
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