Sixth Committee (Legal) — 78th session

Protection of persons in the event of disasters (Agenda item 86)

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Documentation

Summary of work

Background (source: A/78/100)

At its seventy-first session, the 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 71/141).

At its seventy-third session, the Assembly decided to include the item in the provisional agenda of its seventy-fifth session (resolution 73/209).

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 allocated the item to the Sixth Committee, where statements in the debate were made by 42 delegations (see A/C.6/76/SR.12–13). 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 76/119).

Consideration at the seventy-eighth session

The Sixth Committee considered the item at its 5th, 6th, 7th and 36th meetings, on 4 and 5 October and 8 November 2023 (A/C.6/78/SR.5, 6, 7 and 36).

During the debate on this item, statements were made by the representatives of Uganda (on behalf of African Group), Saint Vincent and the Grenadines (on behalf of CELAC), the European Union (also on behalf of its member States (the candidate countries Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, and Bosnia and Herzegovina, as well as Monaco aligned themselves with the statement)), Jamaica (on behalf of CARICOM), El Salvador (on behalf of Central American Integration System (SICA)) [in English], Colombia (on behalf of Croatia, Italy, Jamaica, Nigeria, Thailand and Colombia), Denmark (on behalf of the Nordic Group), Australia (on behalf of Canada, Australia and New Zealand (CANZ)), Indonesia, Brazil, Guatemala, the United States of America, Germany, Italy, Colombia, the Kingdom of the Netherlands, Israel, the Islamic Republic of Iran, Portugal, the Philippines, Sri Lanka, Ecuador, Mexico, the United Kingdom of Great Britain and Northern Ireland, Ireland, Peru, Switzerland, Egypt, Bangladesh, China, South Africa, Cuba, Nigeria, Cameroon, Burkina Faso, Pakistan, Sierra Leone, the Syrian Arab Republic, Lebanon, Thailand, Saudi Arabia, Singapore, the Federated States of Micronesia, Equatorial Guinea, Nepal, Croatia, the Russian Federation, Ethiopia, Malaysia, Kenya, Morocco [in French], Haiti, Tonga, Viet Nam and the United Arab Emirates.

Statements were also made by the observers for the State of Palestine and the International Federation of Red Cross and Red Crescent Societies (IFRC).

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 this topic. Taking note of the increasing frequency and severity of natural and human-made disasters and the related challenge of climate change, a number of 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. Some delegations expressed concerns that unilateral coercive measures create obstacles for effective disaster response.

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. 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.

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. Several delegations stressed that it was important to preserve a clear distinction between natural and man-made disasters, as they were governed by different legal rules. While some delegations noted 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.

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 and the need to integrate a gender perspective into disaster management 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. A number of delegations referred to existing regional and international soft law instruments and initiatives on disaster risk management, including the Sendai Framework for Disaster Risk Reduction 2015–2030 (resolution 69/283).

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 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

Video   5th meeting (4 October 2023, 10:00am – 1:00pm) | Summary

Video   6th meeting (4 October 2023, 3:00pm – 6:00pm) | Summary

Video   7th meeting (5 October 2023, 10:00am – 11:00am) | Summary

Video   36th meeting (8 November 2023, 10:00am – 11:30am) | Summary

Action taken by the Sixth Committee

The Sixth Committee decided not to take action under the agenda item, on the understanding that the item will be included in the provisional agenda of the seventy-ninth session of the General Assembly on the basis of resolution 76/119 of 9 December 2021.

Subsequent action taken by the General Assembly

This agenda item will be considered at the seventy-ninth session (2024).

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