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Recommendation N°3. Ecological disasters and human rights: constructing resilience by an environmental and ethical approach

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Page 26

The International meeting of lawyers and environmental law associations, having met in Limoges (France) from 29 September to 1 October 2011, and considering that:

  1. Ecological disasters, with a natural or technological origin, are characterized by their collective dimension, by the incapacity of victims to rehabilitate without external assistance and by complex causes, as a result of different interrelated factors, in particular environmental and socio-economic vulnerability, which affect the ability to prevent, to react and to rehabilitate.

  2. A legal framework on ecological disasters should adopt a broader approach which considers all the aspects of the disaster cycle (prevention, assistance and reconstruction) and opts for a strategy of disaster management based on the promotion of sustainable development, the reduction of environmental and socio-economic vulnerabilities and the protection of human rights, which framework would replace a restrictive view of humanitarian assistance and rehabilitation.

  3. The complex and diffuse causes that are behind disasters and the growing intensity of their risks and their effects, like environmental pollution, poverty, socio-economic vulnerabilities, obstacles to sustainable development and human rights violations, gives rise to a need for a legal and institutional framework on disasters with an ethical and environmental approach, focusing on the promotion and protection of human rights and the environment in the context of measures for the prevention of such disasters as well as emergency measures and in reconstruction activities.

  4. The increase in disaster risks and in population movements due to climate change and ecosystems modification have consequences for human rights and requires the incorporation of disaster risk reduction measures and the protection of human rights into strategies for adaptation to climate change.

  5. There is a lack of regulation on this matter and most of the documents and legal international instruments on disasters are not binding and do not address the ethical approach to disaster management. Although the subject may have already been extensively explored in relation to prevention, preparedness and recovery, the protection of individuals and their human rights, the situation of displaced persons, the responsibilities of international, regional and national organizations needs to be developed and initiatives adopting the ethical and the environmental approach are...

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