Accountability for the Human Rights Implications of Natural Disasters: A Proposal for Systemic International Oversight

Abstract

The practical and operational challenges of responding to disasters such as earthquakes, tsunamis and hurricanes are well known. The recent decision by the UN Human Rights Council to commission research on best practices and challenges in the promotion and protection of human rights in post-disaster situations therefore reflects the increasing acknowledgement of the human rights implications of natural and human-made disasters. This article analyses the approach taken by existing international accountability mechanisms concerning humanitarian preparations for and responses to major natural disasters, before advancing proposals for more effective and systematic oversight of human rights protection in disasters. Such systemic approaches are intended to promote greater legal clarity for States and humanitarian actors confronted with the uncertainty and devastation resulting from major natural and human-made disasters, and as a means of spurring redress for those affected.

Keywords: disasters, human rights, monitoring, accountability, Human Rights Council, Treaty Bodies, ILC