Press Release
A workshop titled "Legal Framework of Humanitarian Assistance" for ECO Member States was held in Tehran on 18-20 November, 2007. It was organized by the ECO Secretariat, United Nations Office for Coordination of the Humanitarian Affairs (UN/OCHA) and the Centre for Graduate International Studies (CGIS) of Tehran University.
In the opening ceremony, Ayatollah Amid Zanjani, Dean of Tehran University, the ECO Secretary General, the Head of UNOCHA in Tehran, the Head of CGIS and United Nation Resident Coordinator, spoke on significance of humanitarian assistance. It was noted that the ECO Region is a disaster prone area and most of hazards have a regional dimension to their impact.
Ayatollah Amid Zanjani, as key-note speaker, emphasized the obligations of Governments under the Islamic thought to prevent the sufferings of the people and to assist them in the event of calamity. Ayatollah Zanjani appreciated the cooperation of the states participating in the workshop and expressed the readiness of the Tehran University to teach the subject of the humanitarian assistance as one the modules at the Faculty of Law.
The ECO Secretary General underlined the significance of the subject both in
terms of human suffering and economic losses and briefed the participants on
the activities of ECO in that field. He recalled signing of MoU with UN/ISDR
and exchange of Notes Verbale with UNOCHA on cooperation in the humanitarian
affairs, including disaster risk reduction, building resilience against
natural hazards and enhancing capacities - national as well local - to
reduce vulnerabilities of the ECO member states. He also referred to ECO
International Conference on Disaster Risk Management in Islamabad in October
this year. The Secretary General thanked the Islamic Republic of Iran for
establishing the ECO Regional Centre for Risk Management of Natural
Disasters at Mashhad in 4th September 2007. It was aimed at
promoting cooperation among ECO member states for effective risk management
of natural disasters.
The workshop saw active participation by ECO member state, the representatives of international organizations including ICRC, ISDR, UNDP and UNFPA as well as representatives of relevant Iranian Agencies. The Workshop discussed rules and regulations relating to humanitarian assistance in the event of natural disasters. Legal frameworks comprise national laws, executive orders and other legal instruments that set the ground rules for governmental and non-governmental activities relating to humanitarian assistance. Legislation provides the framework for humanitarian assistance to be successful. It clears the obstacles and impediments to smooth operation. The legal framework also empowers the agencies which responsibility for humanitarian assistance to perform their functions effectively.
During the two-day Workshop, the following issues were discussed:
· Responsibilities of Governments in case of Hazards,
· Principles governing humanitarian assistance,
· Recovery and reconstruction,
· UNISDR, Disaster Risk Management, Legal Framework,
· Gender in emergencies,
· Challenges of humanitarian assistance in the Middle East
· OCHA& Disaster Management,
· Challenges of Humanitarian Assistance& Tools/ Initiatives to Overcome them,
· Community Based Disaster Risk Management,
· Lessons learnt from recovery & reconstruction and Government UNDP joint recovery programs in Bam.
Eminent Professors of Tehran University and Shahid Behshti University and experts from relevant UN Agencies gave presentations on the above subjects. The participants shared their countries experiences and expressed their views on dealing with disasters in the region. On the case study of the earthquake in Bam (December 2003), the UNDP representative in Tehran, shared her experiences and briefed the meeting on practical problems involving humanitarian assistance.
The participants agreed that there was no international legal instrument, specifically relating to humanitarian assistance. However, some speakers sought to correlate it to customary international law on human rights in particular the fundamental rights like the right of life, adequate standard of living (including housing), freedom from hunger, right to safety at work and to health.
They also referred to the responsibility of states in respect of protection of their people against disaster. It was emphasized that although states were unable to prevent natural disasters, they had the responsibility to act for mitigation and necessary preparedness.
As for the apparent contradiction between activities the International Agencies and NGO's for humanitarian assistance and the principle of sovereignty, some speakers took the view that the sovereignty of states was inviolable in any humanitarian assistance actively. However there were new trends and governments could not refuse international humanitarian assistance in the event of disasters. Moreover, refusal of such assistance without justification would bring into question the responsibilities of the concerned state.
Nevertheless, as regards the legal basis of humanitarian assistance, there was consensus that the UN General Assembly's resolutions, especially resolutions 43/131 and 45/100 of 1988 and 1990 respectively, provided the necessary legal basis. It was also noted that the General Assembly had given the International Law Commission (ILC) the mandate to study the subject and derive governing rules form the practices of the of states. The ILC would finally codify an international convention on the humanitarian assistance in natural disasters.
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