Sixth Committee (Legal) 〞 79th session
Protection of persons in the event of disasters (Agenda item 86)
- Authority:
- Proposed programme for the Working Group on the Protection of Persons in the Event of Disasters
- List of speakers: | |
- Oral report of the Chair of the Working Group (including annex containing the Chair’s Summary)
Documentation
- 〞 Draft resolution
Summary of work
Background (source: )
At its seventy-first session, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its sixty-eighth session”, decided to include in the provisional agenda of its seventy-third session an item entitled “Protection of persons in the event of disasters”. The Assembly invited Governments to submit comments concerning the recommendation by the Commission to elaborate a convention on the basis of the draft articles on the protection of persons in the event of disasters presented by the Commission (resolution ).
At its seventy-third session, the Assembly decided to include the item in the provisional agenda of its seventy-fifth session (resolution ).
At its seventy-fifth session, the Assembly decided to defer the consideration of the agenda item to the seventy-sixth session of the Assembly (decision 75/526).
At its seventy-sixth session, the Assembly decided to examine the draft articles and to consider further the recommendation of the Commission for the elaboration of a convention by the Assembly or by an international conference of plenipotentiaries on the basis of the draft articles, or any other potential course of action with respect to the draft articles, within the framework of a working group of the Sixth Committee, to be convened for four full consecutive days at the seventy-eighth and seventy-ninth sessions of the Assembly. The Assembly also decided that the working group would report to the Sixth Committee at the seventy-ninth session of the Assembly on the outcome of its deliberations, with a view to the Committee making a recommendation to the Assembly as to any further action to take in respect of the draft articles (resolution ).
At its seventy-eighth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 57 delegations (see 每). The Sixth Committee concluded its consideration of the item without taking action, on the understanding that the item would be included in the provisional agenda of the seventy-ninth session of the General Assembly on the basis of resolution . The Assembly took note of the report of the Sixth Committee (decision 78/516).
Consideration at the seventy-ninth session
The Sixth Committee considered the item at its 5th, 6th, 7th 37th and 38th meetings, on 4, 7 October and 8 and 22 November 2024 (A/C.6/79/SR.5, 6, 7, 37 and 38).
Pursuant to General Assembly of 9 December 2021, the Committee decided to establish a Working Group to examine the draft articles on protection of persons in the event of disasters and to consider further the recommendation of the International Law Commission for the elaboration of a convention by the Assembly or by an international conference of plenipotentiaries on the basis of the draft articles, or any other potential course of action with respect to the draft articles, also in the light of the views and comments expressed in the debates of the Sixth Committee, as well as the comments and observations received from Governments. The Working Group was open to all States Members of the United Nations and relevant observers to the General Assembly. The Working Group, which was chaired by Amb. Antonio Lagdameo (Philippines) and held seven meetings on 7, 8, 9 and 28 October 2024, respectively.
At the 37th meeting of the Committee, on 8 November, the Chair of the Working Group presented an oral report on the work of the Working Group.
During the plenary debate on this item, statements were made by the representatives of Uganda (on behalf of the African Group), the European Union (also on behalf of its member States (also on behalf of its member States (the candidate countries Montenegro, Ukraine, the Republic of Moldova, and Georgia, as well as Monaco aligned themselves with this statement)), Mauritania (also on behalf of the Arab Group), Grenada (on behalf of CARICOM), Colombia (on behalf of Argentina, Bolivia, Brazil, Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, M谷xico, Panam芍, Paraguay, Per迆 and Uruguay), Nigeria (also on behalf of Bahamas, Colombia, Croatia, Italy, Jamaica and Thailand), Sweden (on behalf of the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden)), Canada (on behalf of Canada, Australia, New Zealand (CANZ)) [in English], the observer of the Observer State of Palestine, the representatives of Italy, Germany, Cuba, Guatemala, Ireland, Singapore, Hungary, South Africa, Portugal, the Kingdom of the Netherlands, Iraq, El Salvador, the and the Russian Federation, Thailand, Sierra Leone, Indonesia, Spain, Brazil, Jordan, Mexico, Kenya, Nepal, Egypt, Switzerland, Equatorial Guinea, Slovenia, Saudi Arabia, Bangladesh, Nigeria, the United Arab Emirates, Cameroon, Burkina Faso, the Islamic Republic of Iran, the United Kingdom of Great Britain and Northern Ireland, Colombia, Malaysia, Cyprus, Uganda, Eswatini, Zambia, Algeria, China, Mauritania, C?te d'Ivoire, ?Greece, Israel, Morocco, Lebanon, Pakistan, Myanmar, the Syrian Arab Republic, Congo, Haiti, Viet Nam and the Philippines.
A statement was also made by the observer of the International Federation of Red Cross and Red Crescent Societies.
Several delegations welcomed further discussion on the item in the Sixth Committee and expressed appreciation for the work of the International Law Commission and the Special Rapporteur on the topic. Delegations underscored the importance of the agenda item and the need for the international community to address the topic, taking note of the increasing and severity of natural and human-made disasters and the related challenge of climate change. Several delegations stressed the imperative to develop the means to prevent and mitigate the effects of disasters. Some delegations spoke about recent experiences either as an affected State or as an assisting State. Reference was also made to the disproportionate impact of disasters in certain States with low-lying coastlines. Some delegations expressed concerns that unilateral coercive measures create obstacles for effective disaster response.
Comments were also made about specific aspects of certain draft articles. Some delegations questioned whether the definition of “disaster” contained in the draft articles needed to be amended. It was mentioned that ?a clear distinction between natural and man-made disasters, as they were governed by different legal rules, should be preserved. Several delegations commended the emphasis placed in the draft articles on human rights, human dignity and the applicable humanitarian principles. The importance of attention to the particularly vulnerable was emphasized. A number of delegations also referred to the important role of disaster risk reduction and risk management, including in relation to forced displacement. While some delegations were of the view that the draft articles struck an adequate balance between the rights and obligations of the affected and assisting States, others considered that the area needed improvement. Several delegations emphasized the importance of the principles of the sovereignty of States and non-interference in the internal affairs of States, as well as the central role of the affected State. Several delegations emphasised the need for the draft articles to strike an appropriate balance between safeguarding the sovereignty of the affected State, international cooperation as well as ensuring respect for human rights. While some delegations stressed that the consent of the affected State for the provision of external assistance should be required, a view was expressed that there was a need to contemplate the possibility of providing assistance in the absence of such consent. The important role of other assisting actors, including the Red Cross and Red Crescent Movement, was acknowledged. Reference was made to the importance of also referring to the principle of solidarity and the primary role of the affected State. The view was expressed that the main focus of the potential instrument should be practical and operational aspects of disaster relief.
Several delegations supported the elaboration of an international convention on the basis of the draft articles, which could contribute to the progressive development of international law governing disaster response and support was voiced for convening a high-level conference with a view to this end. A number of delegations observed that despite the existence of soft law instruments and bilateral treaties on mutual assistance, the legal instruments on the topic remained limited, were not uniform, did not cover the entire cycle of response to a disaster and, accordingly, a universal legal framework was needed. Several delegations referred to existing regional and international soft law instruments and initiatives on disaster risk management, including the Sendai Framework for Disaster Risk Reduction 2015每2030 (resolution ). Some delegations expressed openness to discussing the advantages and disadvantages of elaborating such a convention. Other delegations expressed the view that the protection of persons in the event of disasters was best addressed through guidelines and practical cooperation or found the elaboration of a convention to be premature. ?The view was expressed that the time was not right for the negotiation of a convention on the topic and that the draft articles were not suitable as a basis for such a negotiation.
The view was expressed that any future international convention on the basis of the draft articles should complement the existing legal frameworks and not contravene them. The need to ensure coherence with the rules of international humanitarian law and the existing was noted. Delegations emphasized the importance of international cooperation in response to disasters and welcomed the exchange of good practices and relevant information. Some described relevant national policies and legal frameworks.
Delegations generally welcomed the establishment of the Working Group on Protection of Persons in the Event of Disasters and expressed their intention to engage productively in the dialogue on the draft articles on the protection of persons in the event of disasters and on any future action thereon.
Archived videos and summaries of plenary meetings
(4 October 2024, 10:00am 每 1:00pm) | Summary
(4 October 2024, 3:00pm 每 6:00pm) | Summary
(7 October 2024, 10:00am 每 11:00am) | Summary
(8 November 2024, 10:00am 每 1:00pm) | Summary
(22 November 2024, 10:00am 每 1:00pm) | Summary
Action taken by the Sixth Committee
At its 38th meeting, on 22 November 2024, the representative of Jamaica introduced the draft resolution , on behalf of Albania, Antigua and Barbuda, Argentina, Bahamas, Bangladesh, Bolivia (Plurinational State of), Bulgaria, Chile, Colombia, Congo, Costa Rica, Croatia, Cyprus, Ecuador, El Salvador, Germany, Greece, Guatemala, Guyana, Honduras, Hungary, Italy, Jamaica, Jordan, Latvia, Lesotho, Luxembourg, Malta, Montenegro, Nigeria, Peru, Portugal, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Slovenia, Spain, State of Palestine, Suriname, Thailand, Timor-Leste, Uruguay and Zambia and announced that Barbados, Belize, Bosnia and Herzegovina, Eswatini, The Gambia, Indonesia, Lebanon, the Federated States of Micronesia, Mozambique, Nepal, the Philippines, Serbia, South Africa, and the United Republic of Tanzania had joined in sponsoring the draft resolution.
The Secretary of the Committee made a statement regarding the financial implications of draft resolution entitled “Protection of persons in the event of disasters”. At the same meeting, the Committee adopted draft resolution , without a vote. The representatives of Colombia (on behalf of the Bahamas, Bangladesh, Colombia, Croatia, Hungary, Italy, Jamaica, Nigeria and Thailand) and El Salvador made statements.
Under the terms of the draft resolution, the Assembly would take note once again of the draft articles presented by the International Law Commission and also take note of the views, comments expressed in the debates of the Sixth Committee and the comments and observations received from Governments on the draft articles. It would also take note of the reports of the working group on the topic, including the Chair’s summary of the deliberations in the working group at the seventy-eighth and seventy-ninth sessions.
The Assembly would decide to elaborate and conclude a legally binding instrument on the protection of persons in the event of disasters, without prejudice to the legal effects of any particular provisions contained therein, by the end of 2027 at the latest, at the dates and location and in accordance with the modalities to be determined by the General Assembly at its eightieth session. It would also decide that the Sixth Committee would resume its session for up to five days by the end of April 2026 at the latest, in order to prepare a consolidated text including the draft articles and the proposals submitted by Governments in accordance, within the framework of a working group of the Committee.
The Assembly would also decide to invite Governments to submit to the Secretary-General, no later than 31 December 2025, proposals for amendments to the draft articles, with a view to preparing the consolidated text that will serve as the basis for the negotiations of the legally binding instrument and request the Secretary-General to submit a compilation of all the proposals received to the working group.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee:
- GA resolution:
