Using law, standards & sector principles

Using law, standards & sector principles • 13 Nicaragua, 2007 This session will look at how local and international law can be used to support operations, along with standards and principles

Session objectives ! • The key learning objectives of this session are to form an • understanding of: • 1.the use of laws to support operations • 2. the use of principles to support operations • the use of standards to support operations

Protecting rights Legal frameworks are used to protect the populations’ rights after natural disasters or conflicts, including: • property rights • e.g. proof of tenure is required before reconstruction • can start • housing rights • e.g. there may be a significant proportion of renters who need support • transitional settlement rights • e.g. displaced populations may need to occupy land or property

Rights must be defined for all options Non-displaced populations Displaced populations Host families Occupancy with no legal status Urban self-settlement House tenant Rural self-settlement Apartment tenant Collective centres Land tenant Self-settled camps Apartment owner-occupier Planned camps House owner-occupier

National & international legal frameworks • 15 • Legal frameworks: • Constitutional law • e.g. right to shelter • Statutory law • e.g. planning laws and building codes • Religious law • e.g. regulations concerning the needy • Customary law • e.g. land and resource use • International legal framework: • International human rights law • International humanitarian law • International refugee law

Filling gap in normative legal framework After a disaster, the international framework of law, principles and standards may fill any gap in the normative legal framework disaster 1 2 3 • Gaps in existing laws may be exposed by the needs for disaster response • These gaps can be filled with appropriate international human rights and humanitarian law • The legal framework is adaptable to changing situations and should remain in use for any future emergency

Protection www.un.org/rights Universal Declaration of Human Rights • The ‘Universal Declaration of Human Rights’ provides a basis for • the use of standards in transitional settlement and transitional • reconstruction: • security of person: “everyone has the right to life, liberty and security of person” • privacy: “no one shall be subjected to arbitrary interference with his privacy, family, home … ” • peaceful enjoyment of possession: “everyone has the right to own property ... no one shall be arbitrarily deprived of his property” • adequate housing: “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family” www.humanitarian info.org/iasc

Humanitarian law and protection www.humanitarian reform.org ‘IHL-The Basics of International Humanitarian Law’ (ICRC, 2006) www.icrc.org ‘Handbook for the Protection of Internally Displaced Persons’(Global Protection Cluster Working Group, 2007)

Strategic coordination Laws, principles and standards inform and support the development and implementation of a consensus strategy for transitional settlement and reconstruction. Strategic planning objectives Transitional settlement and reconstruction after natural disasters (United Nations, 2008) Handover Coordination Legalframework Critical path analysis Strategic plan Transitional settlement and reconstruction Scenarios AME Resources Schedule for implementation Participation

Session objectives ! • The key learning objectives of this session are to form an • understanding of: • 1. the use of laws to support operation • 2. the use of principles to support operations • the use of standards to support operations

Effective use of principles and standards Four rules for the effective use of principles and standards, in implementing legal frameworks: 1. appropriate to the situation and to all stakeholders 2. agreed amongst all stakeholders 3. achievable with available capacity and materials 4. enforceable by all stakeholders, requiring meaningful consequences if standards are not met

Internally Displaced Persons (IDPs) Guiding Principles on Internal Displacement (UN/OCHA, 1998) www.reliefweb.int ‘Guiding Principles on Internal Displacement’ -also called Deng’s Principles • Aims • to identify the rights and guarantees relevant to protection of the internally displaced in all phases of displacement • to provide valuable practical guidance to governments, other competent authorities, intergovernmental organisations and NGOs in their work with internally displaced persons The guiding principles fill the gaps in international law relating to the rights of internally displaced persons

Guiding Principles on Internal Displacement Guiding Principles on Internal Displacement (UN/OCHA, 1998) www.reliefweb.int • Examples from the ‘Guiding Principles on Internal Displacement’: • Principles relating to protection from displacement • e.g: “Every human being shall have the right to be protected against being arbitrarily displaced from his home” • Principles relating to protection during displacement • e.g: “Every IDP has the right to liberty of movement and freedom to choose his or her residence” • Principles relating to humanitarian assistance • e.g: “ All humanitarian assistance shall be carried out in accordance with the principles of humanity and impartiality and without discrimination” • Principles relating to return, resettlement & reintegration • e.g: “…ensure the full participation of IDPs in the planning and management of their return or resettlement or reintegration”

Property and IDPs Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles (OCHA, OHCHR, UN-Habitat, UNHCR, FAO, NRC, 2007) ‘Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles’ • Aims • to strengthen the protection of restitution rights • to provide guidance on the implementation of housing, land and property restitution programmes • to promote durable solutions for IDPs and refugees The handbook provides practical guidance to all those working on housing and property restitution issues

10 Guiding principles • 17 • Support the affected community • Coordinate and promote a strategy for response • Maintain continuous assessment of risk damage, needs and resources • Avoid relocation or resettlement unless essential for safety • Minimise duration and distance, when displacement is essential • Support settlement and reconstruction for all those affected • Ensure rights and secure tenure for all those affected • Support the affected population in making informed choices • Ensure that vulnerability to disasters is not rebuilt • Undertake contingency planning Transitional settlement and reconstruction after natural disasters (United Nations, 2008)

Session objectives ! • The key learning objectives of this session were to form an • understanding of: • 1. the use of laws to support operation • 2. the use of principles to support operations • the use of standards to support operations

Sphere and UNHCR • 25 The term ‘standard’ is used in different ways by: Humanitarian Charter and Minimum Standards in Disaster Response (The Sphere Project, 2004) Standards: based on the right to dignified life, qualitative in form, and intended to be applicable to all humanitarian environments Indicators:qualitative or quantitative tools for measuring the appropriateness and impact of standards, involving Guidance Notes ‘Handbook for Emergencies’ (UNHCR, 2007) Standards: determined by UNHCR, governments and partners, often quantitative in form

Sphere standards www.sphereproject.org ‘Humanitarian Charter and Minimum Standards in Disaster Response’ aims: • to guide and inform decisions at all levels of response in a humanitarian emergency • to improve the quality of assistance • to enhance the accountability of implementing agencies to both beneficiaries and programme donors Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004) These guidelines integrate standards for each sector for coordinated disaster response

Sections relevant to the sector www.sphereproject.org • The elements within the publication important to the sector: • Humanitarian Charter: list of the fundamental principles, roles and responsibilities, and minimum standards • Common standards: on project and programme activities including participation, initial assessment, response, targeting, monitoring, evaluation • Technical chapter on shelter settlement and NFIs: standards, indicators, guidance notes and assessment checklist in appendix Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

Shelter and settlement standards www.sphereproject.org There are 6 shelter and settlement standards: Standard 1: Strategic Planning “Existing shelter and settlement solutions are prioritised through…” Standard 2: Physical Planning “Local physical planning practices are used where possible…” Standard 3: Covered Living Space “People have sufficient covered space to provide dignified accommodation…” Standard 4: Design “The design of the shelter is acceptable to the affected population…” Standard 5: Construction “The construction approach is in accordance with safe local building.” Standard 6: Environmental Impact “The adverse impact on environment is minimised by the settling…” Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

Example of a shelter assessment www.sphereproject.org • # 4 Materials and design assessment checklist: • “What initial shelter solutions or materials have been provided to date by the affected households or other actors?” • “What existing materials can be salvaged from the damaged site (if applicable) for use in the construction of shelters?” • “What are the typical building practices of the displaced and host populations, and what are the different materials that are used to provide the structural frame and roof and external wall enclosures?” • “What alternative design or material solutions are potentially available and familiar or acceptable to the affected population?” • “How can the potential shelter solutions identified, accommodate appropriate single and multipledisaster provention and mitigation concerns?” • “How are shelters typically built and by whom?” Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

Non-food items standards www.sphereproject.org There are 5 NFI standards: Standard 1: Clothing & Bedding “The people affected by the disaster have sufficient clothing, blankets…” Standard 2: Personal Hygiene “Each disaster related household has access to sufficient soap…” Standard 3: Cooking & Eating Utensils “Each disaster-affected household has access to communal cooking…” Standard 4: Stoves, Fuel & Lighting “Each disaster-affected household has access to communal cooking…” Standard 5: Tools & Equipment “Each disaster-affected household responsible for the construction…” Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

Example of an NFI assessment www.sphereproject.org • # 4Tools and equipment assessment checklist: • “What basic tools to construct, maintain or repair a shelter do the households have access to?” • “What livelihood support activities can also utilise the basic tools for shelter construction, maintenance and repair?” • “Does the climate or natural environment require a groundcovering to maintain appropriate standards of health and dignity, and what appropriate material solutions can be provided?” • “What vector control measures, particularly the provision of mosquito nets, are required to ensure health and well being of households?” Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

UNHCR Handbook www.unhcr.org ‘Handbook for Emergencies’ • Aims • to provide guidelines for the provision of protection to those covered by the mandate of UNHCR • to meet the shelter-related and settlement-related needs of persons who are of concern to UNHCR • to ensure that the necessary assistance reaches the affected population in good time Handbook for Emergencies (UNHCR, 2007)

Sections relevant to the sector www.unhcr.org • The sections in the guidelines important to the sector: • aims and principles of emergency response • emergency management • operation: covers all vital sectors and problems areas, including site selection, planning and shelter • support to operations: support in field operations, administration and planning • appendices: including catalogues of resources and a glossary of terms Handbook for Emergencies (UNHCR, 2007)

Comparing Sphere & UNHCR: 1

Discussion Key point List how laws, standards and principles have been useful for your operations in the past Discussion in pairs Each pair agrees a key point

Bibliography ‘IHL-The Basics of International Humanitarian Law’ (ICRC, 2006) ‘Handbook for the Protection of Internally Displaced Persons’(Global Protection Cluster Working Group, 2007) ‘Guiding Principles on Internal Displacement’ (UN/OCHA, 1998) ‘Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles’ (UN/OCHA, UN-Habitat, UNHCR, FAO, OHCHR, NRC, IDMC, 2007) ‘Handbook for Emergencies’(UNHCR, 2007) ‘Humanitarian Charter and Minimum Standards for Disaster Response’(The Sphere Project, 2004) ‘Transitional settlement and reconstruction after natural disasters' (United Nations, 2008)

Using law, standards & sector principles