CYIL Vol. 5, 2014

THE EXISTANCE OF THE RIGHT TO HUMANITARIAN ASSISTANCE … “States Parties shall respect the right of internally displaced persons to peacefully request or seek protection and assistance, in accordance with relevant national and international laws, a right for which they shall not be persecuted, prosecuted or punished.” In addition, the States Parties to the Convention are obliged to “[e]nsure assistance to internally displaced persons by meeting their basic needs as well as allowing and facilitating rapid and unimpeded access by humanitarian organizations and personnel” [article 3 (1.j)]. To this end, States are required to take pro-active measures to protect and assist persons, specifically those who have been internally displaced due to natural disasters, including climate change [article 5 (4)]. The African region possesses yet another regional legal instrument that directly implies human rights protection and the provision of assistance to the affected population in the event of natural disasters. The African Charter on the Rights and Welfare of the Child 28 in its article 23 explicitly sets forth the obligation of States to take all appropriate measures to ensure that a child, either refugee or internally displaced through a natural disaster, receives appropriate protection and humanitarian assistance in the enjoyment of the rights of a child and other international human rights. Very similar is the obligation to protect and provide assistance formulated in the universal Convention on the Rights of a Child, although this reference is not directly linked to the occurrence of natural disasters: “States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee […] shall […] receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties”. 29 The Convention on the Rights of Persons with Disabilities also contains a provision protecting disabled persons in disaster situations, stating that: “States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.” 30 These examples suggest that the number of legal instruments, universal and regional, including a specific or implicit recognition of the right to humanitarian assistance of the victims of natural disasters and the obligation of States to take necessary measures for the purpose of its full implementation has increased. However, 28 Available at: http://www.africa-union.org/root/au/ Documents/Treaties/treaties.htm«. 29 Article 22 of the Convention on the Rights of the Child (CRC), 1577 UNTS 3. 30 Article 11 of the Convention on the Rights of Persons with Disabilities (CRPD), available at: http:// www2.ohchr.org/ english/law.