1. Using law, standards & sector principles13
Using law, standards & sector principles
This session will look at how local and international law can be used to support operations, along with standards and principles
Nicaragua, 2007

2. Session objectives !
The key learning objectives of this session are to form an
understanding of:
1. the use of laws to support operations
2. the use of principles to support operations
the use of standards to support operations

3. Session objectives !
The key learning objectives of this session are to form an
understanding of:
1. the use of laws to support operations
2. the use of principles to support operations
the use of standards to support operations

4. Protecting rights
Legal frameworks are used to protect the populations’ rights after natural disasters or conflicts, including:
property rights
e.g. proof of tenure is required before reconstruction
can start
housing rights
e.g. there may be a significant proportion of renters who need support
transitional settlement rights
e.g. displaced populations may need to occupy land or property

5. Rights must be defined for all options
Displaced populations
Non-displaced populations
Host families
Occupancy with no legal status
Urban self-settlement
House tenant
Rural self-settlement
Apartment tenant
Collective centres
Land tenant
Self-settled camps
Apartment owner-occupier
Planned camps
House owner-occupier

6. National & international legal frameworks15
National & international legal frameworks
Legal frameworks:
Constitutional law
e.g. right to shelter
Statutory law
e.g. planning laws and building codes
Religious law
e.g. regulations concerning the needy
Customary law
e.g. land and resource use
International legal framework:
International human rights law
International humanitarian law
International refugee law

7. Filling gap in normative legal framework
After a disaster, the international framework of law, principles and standards may fill any gap in the normative legal framework
disaster 1 2 3
Gaps in existing laws may be exposed by the needs for disaster response
These gaps can be filled with appropriate international human rights and humanitarian law
The legal framework is adaptable to changing situations and should remain in use for any future emergency

8. Protection
The ‘Universal Declaration of Human Rights’ provides a basis for
the use of standards in transitional settlement and transitional
reconstruction:
security of person: “everyone has the right to life, liberty and security of person”
privacy: “no one shall be subjected to arbitrary interference with his privacy, family, home … ”
peaceful enjoyment of possession: “everyone has the right to own property ... no one shall be arbitrarily deprived of his property”
adequate housing: “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family”
info.org/iasc
Universal Declaration of Human Rights

9. Humanitarian law and protection
reform.org
‘IHL-The Basics of International Humanitarian Law’
(ICRC, 2006)
‘Handbook for the Protection of Internally Displaced Persons’ (Global Protection Cluster Working Group, 2007)

10. Strategic coordination
Transitional settlement and reconstruction after natural disasters
(United Nations, 2008)
Laws, principles and standards inform and support the development and implementation of a consensus strategy for transitional settlement and reconstruction.
Strategic planning objectives
Handover
Coordination
Legal framework
Critical path analysis
Strategic plan
Transitional settlement and reconstruction
Scenarios
AME
Resources
Schedule for implementation
Participation

11. Session objectives !
The key learning objectives of this session are to form an
understanding of:
1. the use of laws to support operation
2. the use of principles to support operations
the use of standards to support operations

12. Effective use of principles and standards
Four rules for the effective use of principles and standards, in implementing legal frameworks:
1. appropriate to the situation and to all stakeholders
2. agreed amongst all stakeholders
3. achievable with available capacity and materials
4. enforceable by all stakeholders, requiring meaningful consequences if standards are not met

13. Internally Displaced Persons (IDPs)
‘Guiding Principles on Internal Displacement’
- also called Deng’s Principles
Guiding Principles on Internal Displacement
(UN/OCHA, 1998)
Aims
to identify the rights and guarantees relevant to protection of the internally displaced in all phases of displacement
to provide valuable practical guidance to governments, other competent authorities, intergovernmental organisations and NGOs in their work with internally displaced persons
The guiding principles fill the gaps in international law relating to the rights of internally displaced persons

14. Guiding Principles on Internal Displacement
Examples from the ‘Guiding Principles on Internal Displacement’:
Principles relating to protection from displacement
e.g: “Every human being shall have the right to be protected against being arbitrarily displaced from his home”
Principles relating to protection during displacement
e.g: “Every IDP has the right to liberty of movement and freedom to choose his or her residence”
Principles relating to humanitarian assistance
e.g: “ All humanitarian assistance shall be carried out in accordance with the principles of humanity and impartiality and without discrimination”
Principles relating to return, resettlement & reintegration
e.g: “…ensure the full participation of IDPs in the planning and management of their return or resettlement or reintegration”
Guiding Principles on Internal Displacement
(UN/OCHA, 1998)

15. Property and IDPs
Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles
(OCHA, OHCHR, UN-Habitat, UNHCR, FAO, NRC, 2007)
‘Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles’
Aims
to strengthen the protection of restitution rights
to provide guidance on the implementation of housing, land and property restitution programmes
to promote durable solutions for IDPs and refugees
The handbook provides practical guidance to all those working on housing and property restitution issues

16. 17 10 Guiding principles Support the affected community
Transitional settlement and reconstruction after natural disasters
(United Nations, 2008)
Support the affected community
Coordinate and promote a strategy for response
Maintain continuous assessment of risk damage, needs and resources
Avoid relocation or resettlement unless essential for safety
Minimise duration and distance, when displacement is essential
Support settlement and reconstruction for all those affected
Ensure rights and secure tenure for all those affected
Support the affected population in making informed choices
Ensure that vulnerability to disasters is not rebuilt
Undertake contingency planning

17. Session objectives !
The key learning objectives of this session were to form an
understanding of:
1. the use of laws to support operation
2. the use of principles to support operations
the use of standards to support operations

18. 25 Sphere and UNHCR The term ‘standard’ is used in different ways by:
Humanitarian Charter and Minimum Standards in Disaster Response (The Sphere Project, 2004)
Standards: based on the right to dignified life, qualitative in form, and intended to be applicable to all humanitarian environments
Indicators: qualitative or quantitative tools for measuring the appropriateness and impact of standards, involving Guidance Notes
‘Handbook for Emergencies’ (UNHCR, 2007)
Standards: determined by UNHCR, governments and partners, often quantitative in form

19. Sphere standards
‘Humanitarian Charter and Minimum Standards in Disaster Response’ aims:
Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)
to guide and inform decisions at all levels of response in a humanitarian emergency
to improve the quality of assistance
to enhance the accountability of implementing agencies to both beneficiaries and programme donors
These guidelines integrate standards for each sector for coordinated disaster response

20. Sections relevant to the sector
The elements within the publication important to the sector:
Humanitarian Charter: list of the fundamental principles, roles and responsibilities, and minimum standards
Common standards: on project and programme activities including participation, initial assessment, response, targeting, monitoring, evaluation
Technical chapter on shelter settlement and NFIs: standards, indicators, guidance notes and assessment checklist in appendix
Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

21. Shelter and settlement standards
There are 6 shelter and settlement standards:
Standard 1: Strategic Planning
“Existing shelter and settlement solutions are prioritised through…”
Standard 2: Physical Planning
“Local physical planning practices are used where possible…”
Standard 3: Covered Living Space
“People have sufficient covered space to provide dignified accommodation…”
Standard 4: Design
“The design of the shelter is acceptable to the affected population…”
Standard 5: Construction
“The construction approach is in accordance with safe local building.”
Standard 6: Environmental Impact
“The adverse impact on environment is minimised by the settling…”
Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

22. Example of a shelter assessment
# 4 Materials and design assessment checklist:
“What initial shelter solutions or materials have been provided to date by the affected households or other actors?”
“What existing materials can be salvaged from the damaged site (if applicable) for use in the construction of shelters?”
“What are the typical building practices of the displaced and host populations, and what are the different materials that are used to provide the structural frame and roof and external wall enclosures?”
“What alternative design or material solutions are potentially available and familiar or acceptable to the affected population?”
“How can the potential shelter solutions identified, accommodate appropriate single and multiple disaster provention and mitigation concerns?”
“How are shelters typically built and by whom?”
Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

23. Non-food items standards
There are 5 NFI standards:
Standard 1: Clothing & Bedding
“The people affected by the disaster have sufficient clothing, blankets…”
Standard 2: Personal Hygiene
“Each disaster related household has access to sufficient soap…”
Standard 3: Cooking & Eating Utensils
“Each disaster-affected household has access to communal cooking…”
Standard 4: Stoves, Fuel & Lighting
Standard 5: Tools & Equipment
“Each disaster-affected household responsible for the construction…”
Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

24. Example of an NFI assessment
# 4 Tools and equipment assessment checklist:
“What basic tools to construct, maintain or repair a shelter do the households have access to?”
“What livelihood support activities can also utilise the basic tools for shelter construction, maintenance and repair?”
“Does the climate or natural environment require a ground covering to maintain appropriate standards of health and dignity, and what appropriate material solutions can be provided?”
“What vector control measures, particularly the provision of mosquito nets, are required to ensure health and well being of households?”
Humanitarian Charter and Minimum Standards for Disaster Response (The Sphere Project, 2004)

25. UNHCR Handbook ‘Handbook for Emergencies’ Aims
‘Handbook for Emergencies’
Handbook for Emergencies
(UNHCR, 2007)
Aims
to provide guidelines for the provision of protection to those covered by the mandate of UNHCR
to meet the shelter-related and settlement-related needs of persons who are of concern to UNHCR
to ensure that the necessary assistance reaches the affected population in good time

26. Sections relevant to the sector
The sections in the guidelines important to the sector:
aims and principles of emergency response
emergency management
operation: covers all vital sectors and problems areas, including site selection, planning and shelter
support to operations: support in field operations, administration and planning
appendices: including catalogues of resources and a glossary of terms
Handbook for Emergencies
(UNHCR, 2007)

27. Comparing Sphere & UNHCR: 1
Space required
The Sphere Project (2004)
UNHCR (2007)
minimum surface area of camp per person
45 m2, including infrastructure
45 m2 per person recommended
minimum covered floor area per person
3.5 – 4.5 m2
3.5 m2 in warm climate 4.5 – 5.5 m2 in cold climate or urban area
Fire breaks
The Sphere Project (2004)
UNHCR (2007)
minimum distance between buildings
The planning guidance of 45 m2 per person includes firebreaks
Minimum twice structure height, 3 – 4 times structure height if highly flammable
minimum distance between blocks of clusters of dwellings -
30 m per built-up 300 m

28. Comparing Sphere & UNHCR: 2
Refuse
The Sphere Project (2004)
UNHCR (2007)
distance from dwellings to refuse disposal
<100 m to communal pit -
people per 100-litre refuse container
maximum 10 families 50
people per 2mx5mx2m communal refuse pit
500
Water supply
The Sphere Project (2004)
UNHCR (2007)
minimum quantity of water available
(litres per person per day) 15
15-20
people per tap-stand
maximum 250
1 tap per 200 people not farther than 100 m from user accommodations
distance from dwellings to taps
maximum 500 m
maximum 100 m or a few minutes’ walk

29. Comparing Sphere & UNHCR: 3
Sanitation
The Sphere Project (2004)
UNHCR (2007)
maximum people per latrine
20 people (if sex-segregated public toilets)
in order of preference:
family (5-10 people)
20 people
distance from dwelling to toilet (sited to pose minimum threats to users especially at nights)
maximum 50m or one minute walk
6-50m
minimum distance between latrines and soak-aways and ground-water source
30 m
distance from bottom of pit to water table
minimum 1.5 m

30. Discussion
Discussion
in pairs
List how laws, standards and principles have been useful for your operations in the past
Each pair agrees a key point
Key point

31. Bibliography ‘IHL-The Basics of International Humanitarian Law’
(ICRC, 2006)
‘Handbook for the Protection of Internally Displaced
Persons’ (Global Protection Cluster Working Group, 2007)
‘Guiding Principles on Internal Displacement’ (UN/OCHA, 1998)
‘Housing and Property Restitution for Refugees and Displaced Persons: Implementing the Pinheiro Principles’ (UN/OCHA, UN-Habitat, UNHCR, FAO, OHCHR, NRC, IDMC, 2007)
‘Handbook for Emergencies’ (UNHCR, 2007)
‘Humanitarian Charter and Minimum Standards for Disaster Response’ (The Sphere Project, 2004)
‘Transitional settlement and reconstruction after natural disasters' (United Nations, 2008)