International
Humanitarian Law, Human Rights and Humanitarian Principles
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Humanitarian Law, Human Rights and Humanitarian Principles |
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The
information in this section has been compiled
by the OCHA HDRC in order to provide background material on
humanitarian policies and principles in action in the DPRK.
United
Nations humanitarian action in the DPRK is based on a broad body
of international humanitarian and human rights law, including
the
1948 Universal Declaration of Human Rights
(
)
( ),
the four 1949 Geneva Conventions, the
1966 International Covenant on Civil and Political Rights, the
1966 International Covenant on Economic, Social, and Cultural
Rights, the two Additional 1977 Protocols to the Geneva
Conventions,
the
1981 Convention on the Elimination of All Forms of
Discrimination Against Women, the 1989 Convention on the Rights
of the Child,
the Optional Protocol to the CRC on the Sale of Children, Child
Pornography and Child Prostitution and
the
Optional Protocol to the Convention on the Rights of the Child (both
entered into force in 2002) and General
Assembly Resolution 46/182 of 19 December 1991[i
The
Government of the DPRK is committed, through accession
or otherwise, to all of these core international human
rights instruments, demonstrating its desire to advance the
rights of its people.[ii]
Humanitarian
action is guided by human rights and humanitarian principles.
Being of a humanitarian nature, the programme recognises that
the fulfillment of basic needs is part of a continuum of action
leading to development, including the promotion of human rights.
Humanitarian assistance has human rights dimensions.
Every time a child is fed or a nursing mother receives
medical care, the programme recognises that these actions are an
affirmation of an individual’s right to a life with dignity.
Within the DPRK aid agencies give emphasis to the following
principles:
Impartiality:
The provision of humanitarian assistance is based on needs
assessments carried out by the UN, IFRC, ICRC, and NGOs
following internationally recognised standards, without
discrimination.
Neutrality:
Humanitarian action takes place without taking sides in
political or ideological controversies. Aid has an
independent status beyond political considerations and should be
viewed as such.
Independence:
Humanitarian organisations endeavour not to act as instruments
of Government policy. Humanitarian agencies formulate
their own policies and strategies and will not implement any
policy of any Government, except insofar as it coincides with
their own policy.
Humanity:
Human suffering is to be addressed wherever it exists. The
dignity and rights of all victims must be respected and
protected.
Accountability:
Humanitarian Agencies will implement activities transparently.
Organisations are accountable to the people they assist and to
those from whom they accept resources.
Within
the DPRK, aid organisations give particular emphasis to the
following overarching principles. The DPRK Government in
1991, through the UN
General Assembly Resolution 46/182 on Strengthening of
the Coordination of Humanitarian Emergency Assistance of the
United Nations, endorsed the first three principles.
Concerning
the application of these principles and the core international
human rights instruments:
1. The
programme promotes universal enjoyment of rights through its
targeting of the most vulnerable and disadvantaged.
2.
The programme has tried to address the indivisibility and
interdependence of rights through a balanced approach to the
immediate needs of the population.
3. The
programme has sought to enhance accountability through improved
monitoring and evaluation.
4. The
principle of impartiality requires that aid be distributed on
the basis of need, regardless of political or other extraneous
considerations. Aid Agencies must thus retain control over
distribution decisions.
5. The
programme recognises that primary responsibility for complying
with the core international
human rights instruments
rests with the Government. Agencies will provide support
to the Government to assist it in meeting its international
human rights obligations.
6. The
programme has developed Principles
for Humanitarian Action in DPRK (plus three supporting consensus
statements),
which were first elaborated in 1998, to support the application
of humanitarian
principles in the DPRK.
Primary Source: United Nations, Consolidated
Inter-Agency Appeal 2004- Democratic Peoples Republic of Korea,
p.10
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