Responsible Provision in HADR, Conflict Management and Human Rights

Author(s):  
See Seng Tan

This chapter examines how the logic of responsible provision has been applied to three areas of intraregional cooperation – HADR, conflict management and human rights. The section on HADR cooperation looks at how, in the aftermath of Cyclone Nargis, crucial pieces of the regional architecture for HADR – the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), the AHA Centre for disaster management, the ASEAN Militaries Ready Group (AMRG) on HADR, the ADMM and ADMM-Plus, as well as national-level assets like the Singapore-based Regional HADR Coordination Centre (RHCC) – have been put in place. The chapter also looks at how Southeast Asia’s response to the threat of terrorism has evolved not only in terms of the militarisation of national and regional counterterrorism strategies, but on a normative note, the growing acceptance of conflict management – previously eschewed because of the region’s fidelity to noninterference – in response to the changing tactics of the militants and terrorists themselves. Finally, the chapter examines how the region has addressed the human rights challenge, at best only in a half-hearted fashion.

2018 ◽  
Vol 14 (1) ◽  
pp. 1 ◽  
Author(s):  
Arfin Sudirman ◽  
Animbyo Cahya Putra

ASEAN is one of the regions with the highest rate of disaster vulnerability. Tsunami 2004 has triggered the momentum for Indonesia and ASEAN to deal with disaster-related issues more seriously. Losses and casualties from the catastrophe led to the decision by Indonesian government to put disaster prevention and risk reduction as a priority. Indonesia continues to encourage and supporting ASEAN in order to improve the region’s capability to deal with natural disaster. Through AADMER (ASEAN Agreement on Disaster Management and Emergency Response) that was signed in July 2005, ASEAN held an unequivocal and defined base in any efforts of disaster management, especially in the ASEAN region. Through Qualitative Methodology, this paper will discuss about how the disaster diplomacy of Indonesia contributes to the improvement of ASEAN’s capability in the disaster management, but also examines BNPB as both the backbone and the focal point of Indonesia’s disaster management, which then leads up to how disaster can abolish certain diplomatic hurdles, as well as improving regional cooperation, and strengthen the Indonesia’s position as a key country in regional disaster management.


Author(s):  
Madeline Baer

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.


2019 ◽  
Vol 26 (4) ◽  
pp. 437-456
Author(s):  
María Julia Ochoa Jiménez

Abstract:In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples’ human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples’ claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.


Author(s):  
Melanie Hoewer

What explains the disconnect between two images of the Irish state: the champion for gender human rights in matters of foreign affairs, and laggard on these rights internally? Is there a disconnect, or are these two sides of the same coin? Hailed internationally for its progressive promotion of the women, peace and security framework, policymaking at the national level reinforces multidimensional experiences of inequality for those most powerless in Irish society. A more nuanced, intersectional understanding of human rights and equality is central to understanding this ambivalent approach of the Irish state. This chapter explores the roots of Ireland’s position on gender rights and assesses Ireland’s role as champion for gendered human rights in the international sphere. Reviewing existing contrasts and contradictions, it provides a discussion of reasons and possible remedies for addressing these, and an explanation of what this may indicate about the Irish polity and its global self-perception.


2021 ◽  
Vol 13 (1) ◽  
pp. 143-158
Author(s):  
Tomasz Zwęgliński

Poles are highly aware of the fact that Polish civil protection assets are being deployed abroad in order to assist other disaster- and crisis-stricken countries around the world. Such a type of urgent assistance provided from one country to another in an emergency response situation is regulated and organised by the European Union. Poland, as a state participating in the EU international system, is very active in sharing its civil protection assets, such as in the Beirut explosion case in Lebanon (2020), and during forest fires in Sweden (2018). Using its civil protection resources to assist other countries poses a question on the potential influence of such activities on the homeland’s internal security. Solving the problem has to be preceded by answering the following question — How is the process of international civil protection deployment organised in Poland? Responding to this question required utilising such methods as a review and analysis of literature sources on the European dimension of civil protection, EU legal regulations, statistics, reports as well as Polish standard operating procedures and internal regulations on the national level and was the key method applied in the research. Furthermore, semi-formal interviews with Polish and EU experts were done. The findings prove that operational planning in the researched area is well organised, which significantly diminishes the identified risk for internal security.


2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.


2021 ◽  
Vol 9 (2) ◽  
pp. 413
Author(s):  
Gaudensius Waldi Fernando ◽  
Emilya Kalsum ◽  
Jawas Dwijo Putro

Natural conditions as well as the diversity of population and culture in Indonesia cause the risk of natural disasters, social disasters and complex emergencies to arise. The implementation of emergency response is also often not supportive, the distribution of aid and services is not fast, uneven and difficult to monitor properly, so that the progress of the results of disaster emergency response activities is less objectively measurable. In Sintang Regency, in addition to natural disasters, social disasters also often occur, because the facilities are not standardized and accommodated so that services are not optimal. Judging from the existing needs, the Disaster Management Center is a facility that can assist the implementation of Disaster Emergency Response activities in Sintang Regency. The Disaster Management Center can accommodate disaster emergency response activities so that it has strategic command lines so that information confusion can be minimized so as to realize appropriate policies in dealing with disasters. The planned Disaster Management Center is a facility that functions to accommodate agencies related to pre- and post-disaster management, both as a place for disaster management and as an information center. The design method for this Disaster Management Center uses a comparison of literatures and performs data processing to describe the design process of the Sintang Regency Disaster Management Center. The mass of the building is divided into three parts separated by function and purpose. The approach to design applies an integrated concept, referring to a standardized and accommodating spatial layout.


2021 ◽  
Vol 331 ◽  
pp. 02015
Author(s):  
Delfiyanti ◽  
Magdariza

Southeast Asia was in a natural disaster thus the management was supposed to be a priority to the existing states in this territory. It is the most vulnerable to disaster in the world. By then, the member states of ASEAN agree to issue the regulation for disaster management, ASEAN Agreement on Disaster Management and Emergency Response (AADMER) that in forwarding established ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA Centre). It is facilitating cooperation and coordination for disaster management in the ASEAN territory. The organization was established in Indonesia as a member state with potential disaster. To reinforce the regulation and disaster management system, the government issues Act No.24 of 2007 on disaster management as the base and manual. The policy refers to the activities implemented immediately for an accident in control arising worst impact, involving rescue and evacuation of the victim, properties, compliance of demand, shelter, refugees handling, and facilities-infrastructure restoration. Moreover, the Act regulating disaster mitigation-based layout system set in an attempt to improve safety and living comfort.


Ogan Komering Ilir (OKI) Regency is part of the South Sumatra Province whose area is prone to flooding and fire. As for the tropical region, OKI also has two extreme seasons between the rainy and dry seasons. In the dry season is a prone period of forest and land fires, while in the raining season, its prone to flooding. This study aimed to conduct Disaster Management in Wetland Settlements at Ogan Komering Ilir Regency. The method was using qualitative study design with six informant that consist of six local community and two key informant from worker of Badan Penanggulangan Bencana Daerah and Dinas Kesehatan OKI. The result showed that disaster management was classified into four phase. First, the phase of prevention and mitigation that analyzed socialization efforts conducted in OKI were distribution of leaflets and posters. Then, phase of disaster preparedness showed preparedness program in OKI has not been implemented optimally. In disaster emergency response phase discovered no specific procedure in disaster management. Moreover, the phase of disaster recovery indicated that collaborative efforts with multi-sector stakeholders have been conducted. It can be concluded to prepare Disaster Response Village Programs in Ogan Komering Ilir.


2020 ◽  
Vol 3 (2) ◽  
pp. 57-69
Author(s):  
Fayjus Salehin ◽  
Md. Nuralam Hossain ◽  
Abdur Rakib Nayeem ◽  
Md. Rakibul Hassan

Bangladesh is prone to recurring natural hazards due to its geographical position and topography. The country has suffered casualties and damage to homes, agriculture, and the economy as a result of tropical cyclones. Effective disaster management approaches are required to reduce the risk of disaster and loss. The Constitution of Bangladesh plays an active role in implementing these approaches at the national and sub-national level. This article analyzes parts of the Constitution addressing disaster management by ensuring disaster governance and adaptive governance. To examine the theoretical aspects of disaster management from a global and Bangladesh perspective, the current institutional role for disaster management, the difference in service delivery for specific organizations, and human rights and humanitarian aspects, a study was conducted based on secondary data and information. Bangladesh's supreme law supports all phases of the disaster management cycle. Consequently, it is said that the Constitution would be an essential document for effective disaster management at all levels.


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