Using laws, standards and principles.ppt
- 1. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by p Using law, standards & sector principles This session will look at how local and international law can be used to support operations, along with standards and principles 13 Nicaragua, 2007
- 2. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 3. the use of standards to support operations Session objectives
- 3. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 3. the use of standards to support operations Session objectives
- 4. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 Protecting rights
- 5. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Rights must be defined for all options Displaced populations Non-displaced populations Occupancy with no legal status House tenant Apartment tenant Land tenant Apartment owner- occupier House owner-occupier Host families Urban self-settlement Rural self-settlement Collective centres Self-settled camps Planned camps
- 6. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by p 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 National & international legal frameworks 15
- 7. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by After a disaster, the international framework of law, principles and standards may fill any gap in the normative legal framework a b c 1. Gaps in existing laws may be exposed by the needs for disaster response 2. These gaps can be filled with appropriate international human rights and humanitarian law 3. The legal framework is adaptable to changing situations and should remain in use for any future emergency disaster 1 2 3 Filling gap in normative legal framework
- 8. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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” Protection Universal Declaration of Human Rights www.un.org/rights www.humanitarian info.org/iasc
- 9. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Humanitarian law and protection ‘Handbook for the Protection of Internally Displaced Persons’ (Global Protection Cluster Working Group, 2007) ‘IHL-The Basics of International Humanitarian Law’ (ICRC, 2006) www.humanitarian reform.org www.icrc.org
- 10. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Strategic coordination Strategic planning objectives Coordination Critical path analysis Transitional settlement and reconstruction Resources Schedule for implementation Participation AME Scenarios Legal framework Handover Strategic plan Laws, principles and standards inform and support the development and implementation of a consensus strategy for transitional settlement and reconstruction. Transitional settlement and reconstruction after natural disasters (United Nations, 2008)
- 11. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 3. the use of standards to support operations Session objectives
- 12. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 Effective use of principles and standards
- 13. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by ‘Guiding Principles on Internal Displacement’ - also called Deng’s Principles The guiding principles fill the gaps in international law relating to the rights of internally displaced persons 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 Internally Displaced Persons (IDPs) Guiding Principles on Internal Displacement (UN/OCHA, 1998) www.reliefweb.int
- 14. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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” Guiding Principles on Internal Displacement Guiding Principles on Internal Displacement (UN/OCHA, 1998) www.reliefweb.int
- 15. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by The handbook provides practical guidance to all those working on housing and property restitution issues 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 ‘Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles’ Property and IDPs Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles (OCHA, OHCHR, UN-Habitat, UNHCR, FAO, NRC, 2007)
- 16. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by p 1. Support the affected community 2. Coordinate and promote a strategy for response 3. Maintain continuous assessment of risk damage, needs and resources 4. Avoid relocation or resettlement unless essential for safety 5. Minimise duration and distance, when displacement is essential 6. Support settlement and reconstruction for all those affected 7. Ensure rights and secure tenure for all those affected 8. Support the affected population in making informed choices 9. Ensure that vulnerability to disasters is not rebuilt 10. Undertake contingency planning 10 Guiding principles Transitional settlement and reconstruction after natural disasters (United Nations, 2008) 17
- 17. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 3. the use of standards to support operations Session objectives
- 18. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by p Standards: determined by UNHCR, governments and partners, often quantitative in form Standards: based on the right to dignified life, qualitative in form, and intended to be applicable to all humanitarian environments The term ‘standard’ is used in different ways by: Sphere and UNHCR ‘Handbook for Emergencies’ (UNHCR, 2007) Humanitarian Charter and Minimum Standards in Disaster Response (The Sphere Project, 2004) Indicators: qualitative or quantitative tools for measuring the appropriateness and impact of standards, involving Guidance Notes 25
- 19. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by • 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 These guidelines integrate standards for each sector for coordinated disaster response ‘Humanitarian Charter and Minimum Standards in Disaster Response’ aims: Sphere standards Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004) www.sphereproject.org
- 20. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by The elements within the publication important to the sector: 1. Humanitarian Charter: list of the fundamental principles, roles and responsibilities, and minimum standards 2. Common standards: on project and programme activities including participation, initial assessment, response, targeting, monitoring, evaluation 3. Technical chapter on shelter settlement and NFIs: standards, indicators, guidance notes and assessment checklist in appendix Sections relevant to the sector Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004) www.sphereproject.org
- 21. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Shelter and settlement standards 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) www.sphereproject.org
- 22. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Example of a shelter assessment # 4 Materials and design assessment checklist: 1. “What initial shelter solutions or materials have been provided to date by the affected households or other actors?” 2. “What existing materials can be salvaged from the damaged site (if applicable) for use in the construction of shelters?” 3. “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?” 4. “What alternative design or material solutions are potentially available and familiar or acceptable to the affected population?” 5. “How can the potential shelter solutions identified, accommodate appropriate single and multiple disaster provention and mitigation concerns?” 6. “How are shelters typically built and by whom?” Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004) www.sphereproject.org
- 23. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Non-food items standards 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) www.sphereproject.org
- 24. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Example of an NFI assessment # 4 Tools and equipment assessment checklist: 1. “What basic tools to construct, maintain or repair a shelter do the households have access to?” 2. “What livelihood support activities can also utilise the basic tools for shelter construction, maintenance and repair?” 3. “Does the climate or natural environment require a ground covering to maintain appropriate standards of health and dignity, and what appropriate material solutions can be provided?” 4. “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) www.sphereproject.org
- 25. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by ‘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 UNHCR Handbook Handbook for Emergencies (UNHCR, 2007) www.unhcr.org
- 26. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by 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 Sections relevant to the sector Handbook for Emergencies (UNHCR, 2007) www.unhcr.org
- 27. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Space required The Sphere Project (2004) UNHCR (2007) minimum surface area of camp per person 45 m2, including infrastructure 45 m2 per person recommended minimum covered floor area per person 3.5 – 4.5 m2 3.5 m2 in warm climate 4.5 – 5.5 m2 in cold climate or urban area Comparing Sphere & UNHCR: 1 Fire breaks The Sphere Project (2004) UNHCR (2007) minimum distance between buildings The planning guidance of 45 m2 per person includes firebreaks Minimum twice structure height, 3 – 4 times structure height if highly flammable minimum distance between blocks of clusters of dwellings - 30 m per built-up 300 m
- 28. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Comparing Sphere & UNHCR: 2 Refuse The Sphere Project (2004) UNHCR (2007) distance from dwellings to refuse disposal <100 m to communal pit - people per 100-litre refuse container maximum 10 families 50 people per 2mx5mx2m communal refuse pit - 500 Water supply The Sphere Project (2004) UNHCR (2007) minimum quantity of water available (litres per person per day) 15 15-20 people per tap-stand maximum 250 1 tap per 200 people not farther than 100 m from user accommodations distance from dwellings to taps maximum 500 m maximum 100 m or a few minutes’ walk
- 29. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by Sanitation The Sphere Project (2004) UNHCR (2007) maximum people per latrine 20 people (if sex- segregated public toilets) in order of preference: (1) family (5-10 people) (2) 20 people distance from dwelling to toilet (sited to pose minimum threats to users especially at nights) maximum 50m or one minute walk 6-50m minimum distance between latrines and soak-aways and ground- water source 30 m 30 m distance from bottom of pit to water table minimum 1.5 m minimum 1.5 m Comparing Sphere & UNHCR: 3
- 30. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by List how laws, standards and principles have been useful for your operations in the past Discussion Each pair agrees a key point Key point Discussion in pairs
- 31. Shelter Training 08b – Belgium, 16th–18th November, 2008 based on content developed by based on content developed by ‘Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles’ (UN/OCHA, UN-Habitat, UNHCR, FAO, OHCHR, NRC, IDMC, 2007) ‘Guiding Principles on Internal Displacement’ (UN/OCHA, 1998) Bibliography ‘Transitional settlement and reconstruction after natural disasters' (United Nations, 2008) ‘Humanitarian Charter and Minimum Standards for Disaster Response’ (The Sphere Project, 2004) ‘Handbook for Emergencies’ (UNHCR, 2007) ‘IHL-The Basics of International Humanitarian Law’ (ICRC, 2006) ‘Handbook for the Protection of Internally Displaced Persons’ (Global Protection Cluster Working Group, 2007)