The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 62
HUMANITARIAN ASSISTANCE TO VICTIMS OF
NATURAL DISASTERS AND SIMILAR
EMERGENCY SITUATIONS

I. Resolution 43/131 adopted by the United Nations General Assembly, 8 December 1988 ii. Resolution 45/100 adopted by the United Nations General Assembly, 14 December 1990

INTRODUCTORY NOTE: Following the Chernobyl accident, the Copenhagen Symposium convened by the International Academy of Human Rights in 1986 expressed the opinion that the right to humanitarian assistance, as well as the obligation of states to contribute to such assistance, needed to be recognized and expressed in an international document approved by all states members of the international community. An International Conference on Humanitarian Law and Morals, held in Paris in January 1987, considered “that the right to humanitarian assistance is a right of the human being which must be recognized for each individual or group of individuals threatened or victim of serious encroachments on their life and their physical and mental health”. This right includes the right to solicit assistance and to benefit from it without discrimination. On the initiative of France, the United Nations General Assembly adopted three consecutive resolutions on humanitarian assistance: the following resolutions 43/131, on 8 December 1988, 45/100, on 14 December 1990, reproduced below, and the resolution 46/182, on 19 December 1991, which is reproduced in No. 63.

At the XXIth Ordinary Session the General Assembly of the Organization of American States, on 7 June 1991, at Santiago, Chile, adopted an InterAmerican Convention to facilitate disaster assistance and to regulate international procedures for providing it (OEA Documentas Oficiales, OEA/Ser.A/49 (SEPF), Serie sobre tratados 74, 55 p.) It entered into force on 16 October 1996, but was ratified by only two states (Panama and Peru). It is applicable only when a state furnishes assistance in response to a request from another state.

AUTHENTIC TEXT: Arabic, Chinese, English, French, Russian and Spanish.

TEXT PUBLISHED IN:

I. Resolution 43/131: Resolutions and decisions adopted by the General Assembly during the forty-third session, Volume L September 20 – December 22, 1988, General Assembly, Official Records, Forty-third session, Supplement No. 49 (A/43/49), New York, United Nations, 1989, p. 207 (Engl., also editions in Arabic, Chinese, French, Russian and Spanish); Droit de conflits armés, pp. 937-942 (French).

II. Resolution 45/100: Resolutions and decisions adopted by the General Assembly during the forty-fifth session, Vol. I, September 18 – December 21, 1991, General Assembly, Official Records, Forty-fifth session, Supplement No. 49 (A/45/49), New York, United Nations, 1991, pp. 183-184 (Engl.), also editions in Arabic, Chinese, French, Russian and Spanish); Droit des conflits armés, pp. 937-942 (French).

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