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COVID-19 response in conflict zones hinges on respect for international humanitarian law
by Cordula Droege
International Committee of the Red Cross (ICRC)
 
Apr. 2020
 
We are living through a shared, global crisis. COVID-19 does not heed borders or pay deference to people of power or wealth. However, while the virus does not discriminate in its reach, the effects of the pandemic are by no means equally distributed.
 
It is the men, women and children caught in the crossfire of armed conflict - displaced by violence, living in countries which have been structurally shattered by years of fighting, destruction, erosion of basic services - who are the most vulnerable to the current pandemic.
 
Nearly 168 million people around the world now depend on humanitarian relief because of conflict, violence and disasters. As terrifying as the health, social, psychological and economic impacts have shown to be, the coronavirus is not one, but rather one more, calamity that befalls them.
 
Why are conflict zones viewed as powder kegs lying in wait for the spark of COVID-19? Of course, much of the problem lies with armed conflict itself; beyond immediate death and injury, impoverishment, displacement, and lack of access to essential services are the common consequences of armed conflict, and in particular of protracted armed conflicts.
 
Even in situations where the rules are observed, the conduct of war can cause enormous damage and have important long-term humanitarian consequences, such as protracted displacement, the loss of access to basic services and the erosion of individual and community coping mechanisms.
 
However, while the root causes of the erosion of essential services, and especially healthcare, in a conflict situation are complex and manifold, the ICRC has repeatedly emphasized that respect for international humanitarian law (IHL) would go a long way towards reducing the suffering of populations and the humanitarian consequences of conflicts.
 
Ensuring the protection of essential services, in the short- and the long-term, begins first and foremost with better respect for existing rules of international humanitarian law by parties to armed conflicts.
 
It is a root cause of the problem, and it cannot be overstated: the extreme vulnerability of people in conflict zones to COVID-19, the culmination of degraded or collapsed essential services such as water, sanitation, and health care, is in significant part the result of a disregard over many years of States and other belligerents obligations as set out in international humanitarian law and international human rights law towards populations under their control.
 
Now we are here, at a new crossroads, but one with familiar signposts. In the long term, a public health response to a pandemic and respect for fundamental legal protections go hand in hand.
 
To illustrate this, the ICRC Legal Division has produced a basic reminder of the key provisions of international humanitarian law, relevant to the COVID-19 pandemic in conflict situations, that we must all keep close at hand when a pandemic hits countries at war.
 
Hospital Medical personnel, facilities and transport
 
Common Art 3 GC I-IV; Arts 19, 23-26 and 35 GC I; Art 36 GC II; Arts 14(1), 15, 18, 20-21 and 56 GC IV; Arts 12, 15-16 and 21 AP I; Arts 10 and 11 AP II; Rules 25, 26, 28, 29 and 35 ICRC Customary IHL (CIHL) Study.
 
Adequately staffed and well-equipped medical facilities are necessary for the provision of medical care on a large scale, as demonstrated by the outbreak of COVID-19 and the needs it has generated. Under international humanitarian law, medical personnel, units and transports exclusively assigned to medical purposes must be respected and protected in all circumstances. In occupied territories, the occupying power must also ensure and maintain medical and hospital establishments and services, public health and hygiene. In addition, international humanitarian law provides for the possibility of setting up hospital zones that may be dedicated to addressing the current crisis.
 
Water
 
Arts 54(2) and 57(1) AP I; Arts 13(1) and 14 AP II; Rules 15 and 54 ICRC CIHL Study.
 
Water supply facilities are of critical importance during the current crisis. In armed conflict situations, many of these installations have been destroyed by fighting over the years. Any disruption to their functioning means thousands of civilians would no longer be able to implement the basic prevention measures, such as frequent hand-washing, which can lead to further spread of the virus.
 
International humanitarian law expressly prohibits attacking, destroying, removing, or rendering useless objects indispensable to the survival of the civilian population, including drinking water installations and supplies. Moreover, in the conduct of military operations, constant care must be taken to spare civilian objects, including water supply network and installations.
 
Humanitarian relief
 
Common Arts 3 and 9/9/9/10 GC I-IV; Arts 70 and 71 AP I; Art 18(2) AP II; Rules 55-56 ICRC CIHL Study.
 
Humanitarian action in countries affected by armed conflicts is essential in saving lives during the ongoing crisis. Under international humanitarian law, each party to an armed conflict bears the primary responsibility to meet the basic needs of the population under its control.
 
Impartial humanitarian organizations such as the ICRC have the right to offer their services. Once relief schemes have been agreed to by the parties concerned, the parties to the armed conflict and third States shall allow and facilitate the rapid and unimpeded passage of the humanitarian relief subject to their right of control (e.g. by adjusting any pandemic-related movement restrictions to allow victims to access humanitarian goods and services).
 
Persons specifically at risk
 
Common Art 3 GC I-IV; Arts 12 and 15 GC I; Art 16 GC IV; Art 10 AP I; Art 7 AP II; Rules 109, 110 and 138 ICRC CIHL Study.
 
Certain groups of people, including older persons, those who have weakened immune systems, or those with pre-existing health conditions, are at particular risk for severe illness if infected by COVID-19.
 
Others, including persons with disabilities, may face a variety of barriers (e.g. communication, physical) in accessing necessary health-care services or particular difficulties in implementing the required hygienic measures to prevent infection (e.g. social distancing may not be possible for those relying on the support of others for everyday tasks).
 
International humanitarian law requires parties to a conflict to respect and protect wounded and sick persons as well as to take all possible measures to search for, collect and evacuate them, without adverse distinction, whenever circumstances permit and without delay.
 
They must receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition, without distinction other than for medical purposes.
 
Moreover, IHL provisions afford specific respect and protection to older persons and persons with disabilities who are affected by armed conflict.
 
Detainees
 
Arts 22(1), 23(1), 29-31 GC III; Arts 83(1), 85(1), 91-92 GC IV; Arts 5(1)(b) and 5(2)(c) AP II; Rules 118 and 121 ICRC CIHL Study.
 
Detention facilities which are often overcrowded, have poor hygiene or lack ventilation pose a grave challenge when it comes to preventing and containing infectious diseases, including COVID-19. Under international humanitarian law, detainees health and hygiene must be safeguarded, and sick detainees must receive the medical care and attention required by their condition.
 
In the current situation, new arrivals should be tested for the virus and hygiene measures should be increased (e.g. by installing hand-washing stations, providing soap and other washing equipment, and creating isolation wards), in order to prevent the spread of disease.
 
Internally displaced persons, migrants, asylum seekers and refugees
 
All general rules covering the civilian population; specific rules include Arts 35, 44, 45(4), 49, 70(2), 147 GC IV; Art 73 AP I; Art 17 AP II; Rules 105, 129 and 131 ICRC CIHL Study.
 
Internally displaced persons, migrants, asylum seekers and refugees are particularly exposed to outbreaks of COVID-19, given their frequently harsh living conditions and limited access to basic services including health care.
 
Displaced civilians are entitled to shelter, hygiene, health, safety and nutrition. People facing outbreaks of COVID-19 in camps may aim to move to safety, leading local populations and/or authorities to react forcefully to contain them, including by turning the camps into isolated detention centres.
 
International humanitarian law protects all civilians against the effects of armed hostilities and against arbitrary deprivation of liberty, and provides for their access to health care without discrimination.
 
Children and education
 
Arts 13, 24, 50(1), 94, 108 and 142 GC IV; Art 4(3)(a) AP II; Rule 135 ICRC CIHL Study
 
Many schools have been temporarily closed to prevent further spreading of COVID-19. While an important preventive measure, this places education continuity under additional strain in contexts where education may already have been disrupted by armed conflict.
 
The disruption of education has long-term effects, and it is important that efforts to ensure its continuity are not an afterthought in times of crisis. International humanitarian law contains rules that require parties to conflict to facilitate access to education, and State practice indicates the inclusion of access to education in the special respect and protection to which children are entitled under customary law.
 
Measures to ensure that education is not interrupted and that children can learn from home are urgently needed.
 
Sanctions regimes and other restrictive measures
 
Common Arts 3 and 9/9/9/10 GC I-IV; Arts 70 and 71 AP I; Art 18(2) AP II; Rules 31, 32, 55-56 and 109-110 ICRC CIHL Study.
 
The current COVID-19 crisis requires the mobilization of significant humanitarian resources that are often lacking in countries affected by armed conflicts. Sanctions and other restrictive measures currently in place can impede impartial humanitarian action in these areas, to the detriment of the most vulnerable. Sanctions regimes and other restrictive measures that hinder impartial humanitarian organizations, such as the ICRC, from carrying out their exclusively humanitarian activities in a principled manner are incompatible with the letter and spirit of international humanitarian law.
 
States and international organizations enforcing such measures should make sure that they are consistent with international humanitarian law and do not have an adverse impact on principled humanitarian responses to COVID-19. They should devise effective mitigating measures, such as humanitarian exemptions benefiting impartial humanitarian organizations. http://bit.ly/2ViW6X3
 
* Dr Cordula Droege is the chief legal officer and head of the legal division of the ICRC, where she leads the ICRC's efforts to uphold, implement and develop international humanitarian law.


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Respect for human rights essential for all during COVID-19 crisis
by UN Human Rights Council independent experts
 
Apr. 2020
 
We are all in this together: UN Secretary-General Antonio Guterres delivers policy brief on COVID-19 and human rights.
 
The COVID-19 pandemic is a public health emergency but it is far more. It is an economic crisis. A social crisis. And a human crisis that is fast becoming a human rights crisis.
 
In February, I launched a Call to Action to put human dignity and the promise of the Universal Declaration of Human Rights at the core of our work. As I said then, human rights cannot be an afterthought in times of crisis and we now face the biggest international crisis in generations.
 
Today, I am releasing a report highlighting how human rights can and must guide COVID-19 response and recovery. The message is clear: People and their rights must be front and centre. A human rights lens puts everyone in the picture and ensures that no one is left behind.
 
Human rights responses can help beat the pandemic, putting a focus on the imperative of healthcare for everyone. But they also serve as an essential warning system highlighting who is suffering most, why, and what can be done about it.
 
We have seen how the virus does not discriminate, but its impacts do exposing deep weaknesses in the delivery of public services and structural inequalities that impede access to them. We must make sure they are properly addressed in the response.
 
We see the disproportionate effects on certain communities, the rise of hate speech, the targeting of vulnerable groups, and the risks of heavy-handed security responses undermining the health response.
 
Against the background of rising ethno-nationalism, populism, authoritarianism and a pushback against human rights in some countries, the crisis can provide a pretext to adopt repressive measures for purposes unrelated to the pandemic. This is unacceptable.
 
The best response is one that responds proportionately to immediate threats while protecting human rights and the rule of law.
 
More than ever, governments must be transparent, responsive and accountable. Civic space and press freedom are critical. Civil society organizations and the private sector have essential roles to play. And in all we do, let's never forget: The threat is the virus, not people.
 
We must ensure that any emergency measures - including states of emergency - are legal, proportionate, necessary and non-discriminatory, have a specific focus and duration, and take the least intrusive approach possible to protect public health.
 
The best response is one that responds proportionately to immediate threats while protecting human rights and the rule of law.
 
Looking ahead, we need to build back better. The Sustainable Development Goals which are underpinned by human rights provide the framework for more inclusive and sustainable economies and societies.
 
Strengthening economic and social rights bolsters resilience for the long haul.
 
The recovery must also respect the rights of future generations, enhancing climate action aiming at carbon neutrality by 2050 and protecting biodiversity.
 
We are all in this together. The virus threatens everyone. Human rights uplift everyone. By respecting human rights in this time of crisis, we will build more effective and inclusive solutions for the emergency of today and the recovery for tomorrow.
 
* COVID-19 and Human Rights: We are all in this together: http://bit.ly/3byEHzl
 
23 Mar 2020
 
COVID-19 will not be stopped without providing safe water to people living in vulnerability - UN rights experts
 
As washing hands with soap and clean water is vital in the fight against COVID-19, governments worldwide must provide continuous access to sufficient water to their populations living in the most vulnerable conditions, UN experts said.
 
The global struggle against the pandemic has little chance to succeed if personal hygiene, the main measure to prevent contagion, is unavailable to the 2.2 billion persons who have no access to safe water services, the experts said.
 
We call on governments to immediately prohibit water cuts to those who cannot pay water bills. It is also essential that they provide water free of cost for the duration of the crisis to people in poverty and those affected by the upcoming economic hardship. Public and private service providers must be enforced to comply with these fundamental measures.
 
For the most privileged, washing hands with soap and clean water - the main defence against the virus - is a simple gesture. But for some groups around the world it is a luxury they cannot afford.
 
The UN experts welcomed the measures announced by some governments to mitigate the impact of the loss of jobs likely to result from the pandemic and called for policies to ensure the continuous access to water and sanitation.
 
People living in informal settlements, those who are homeless, rural populations, women, children, older persons, people with disabilities, migrants, refugees and all other groups vulnerable to the effects of the pandemic need to have continuous access to sufficient and affordable water. Only this will allow them to comply with the recommendations of health institutions to keep strict hygiene measures, the UN experts said.
 
They expressed concerns that economically vulnerable people will become victims of a vicious cycle.
 
Limited access to water makes them more likely to get infected. Infection leads to illness and isolation measures, making it difficult for people without social security to continue earning a living. Their vulnerability increases, which results in even more limited access to water. Governments need to implement measures to break this cycle.
 
Throughout our mandates, we keep insisting on the need to ensure that 'no one is left behind'. Governments must pay special attention to marginalised groups who are rarely at the centre of public policies related to water and sanitation. In relation to COVID-19, this message is even more critical, they said.
 
Mar. 2020
 
Everybody has the right to health
 
The COVID-19 crisis cannot be solved with public health and emergency measures only; all other human rights must be addressed too, UN human rights experts underlined.
 
Everyone, without exception, has the right to life-saving interventions and this responsibility lies with the government. The scarcity of resources or the use of public or private insurance schemes should never be a justification to discriminate against certain groups of patients, the experts said. Everybody has the right to health'.
 
People with disabilities, older persons, minority communities, indigenous peoples, internally displaced people, people affected by extreme poverty and living in overcrowded settings, people who live in residential institutions, people in detention, homeless people, migrants and refugees, people who use drugs, LGBT persons - these and other groups need to receive support from governments.
 
Advances in biomedical sciences are very important to realize the right to health. But equally important are all human rights. The principles of non-discrimination, participation, empowerment and accountability need to be applied to all health-related policies.
 
The UN experts supported the measures recommended by the WHO to defeat the pandemic. They called on States to act with determination to provide the needed resources to all sectors of public health systems - from prevention and detection to treatment and recovery.
 
But addressing this crisis is more than that. States must take additional social protection measures so that their support reaches those who are at most risk of being disproportionately affected by the crisis, they stressed.
 
That includes women, who are already at a disadvantaged socio-economic position, bear an even heavier care burden, and live with a heightened risk of gender-based violence.
 
The group of experts expressed their gratitude and admiration to health workers around the world who heroically battle the outbreak.
 
They face huge workloads, risk their own lives and are forced to face painful ethical dilemmas when resources are too scarce. Healthcare workers need to have all possible support from States, business, media and the public at large.
 
COVID-19 is a serious global challenge, the experts said. But it is also a wake-up call for the revitalization of universal human rights principles. These principles and trust in scientific knowledge must prevail over the spread of fake news, prejudice, discrimination, inequalities and violence.
 
We all together face this unprecedented challenge. The business sector in particular continues to have human rights responsibilities in this crisis. Only with concerted multilateral efforts, solidarity and mutual trust, will we defeat the pandemic while becoming more resilient, mature and united.
 
When the vaccine for COVID-19 comes, it should be provided without discrimination. Meanwhile, as it is still to come, the human rights-based approach is already known as another effective pathway in the prevention of major public health threats, the experts concluded.
 
Mar. 2020
 
Health care heroes need protection
 
States and businesses must urgently step up their efforts to ensure that health care workers fighting the COVID-19 pandemic worldwide receive adequate protective equipment, said Baskut Tuncak, UN Special Rapporteur on hazardous substances.
 
"The brave doctors, nurses, emergency first-responders and other medical professionals working on the frontlines of the global fight against the coronavirus pandemic are heroes. Their tireless work and self-sacrifice show the best of humanity. They must be protected.
 
"Yet, unacceptable shortages in critical protective equipment continue to be a grave concern in nearly all countries battling the coronavirus.
 
"I applaud the many businesses that are rising to the challenge, producing much needed personal protective equipment for these health-care providers. These efforts are to be commended. But far more is needed around the world.
 
"Of particular concern is the inequality in the distribution of necessary personal protective equipment within and between countries. The COVID-19 situation in low-income countries is of grave concern. States must ensure that countries with fewer resources have the necessary protective equipment for all their health care providers.
 
"Public and private funds are urgently needed to ensure that protective equipment and other medical supplies are universally available and accessible. States and businesses should ensure that financial obstacles are removed and that supplies are provided at no cost for low-income countries.
 
"Hoarding of essential protective equipment, exploitation of demand or profiteering from the current crisis is abhorrent. States must take immediate measures to effectively deter such conduct.
 
"It is time to put aside our differences and to work together to protect the most vulnerable people from this virus, the elderly and those who bravely care for them: our health care workers."
 
Mar. 2020
 
States must combat domestic violence in the context of COVID-19 lockdowns
 
Restrictive measures adopted worldwide to fight COVID-19 intensify the risk of domestic violence; Governments must uphold the human rights of women and children and come up with urgent measures to the victims of such violence, a UN human rights expert said today.
 
"It is very likely that rates of widespread domestic violence will increase, as already suggested by initial police and hotline reports. For too many women and children, home can be a place of fear and abuse. That situation worsens considerably in cases of isolation such as the lockdowns imposed during the COVID-19 pandemic," the UN Special Rapporteur on violence against women, Dubravka Simonovic, warned.
 
"All States should make significant efforts to address the COVID -19 threat, but they should not leave behind women and children victims of domestic violence, as this could lead to an increase of domestic violence including intimate partner femicides," she said.
 
"The risk is aggravated in a time when there are no or fewer shelters and help services available for victims; when it is difficult to access those that are still open; and when there is less community support; fewer police interventions and less access to justice as many courts are closed."
 
The UN expert noted that, for many women, the emergency measures needed to fight COVID-19 have increased their burden regarding domestic work and the care of children, elderly relatives and sick family members. "To make matters worse, restrictions of movement, financial constraints and generalized uncertainty embolden perpetrators and provide them with additional power and control."
 
Simonovic expressed particular concerns about women at higher risk of domestic violence, such as women with disabilities, undocumented migrant women and victims of trafficking.
 
The UN expert called on governments not to put the protection of victims on hold and urged them to continue to combat domestic violence in time of COVID-19. Measures to protect victims must remain available or be adopted during the crisis. That includes ensuring access to protection by restraining orders and maintaining safe shelters and help lines for the victims. The police should increase their efforts for rapid action.
 
"As making phone calls might be dangerous in a context of home confinement, helplines can facilitate access by providing online chats and texting services for victims, States should also come up with new and creative solutions to support them," the expert said.
 
"Governments must not allow the extraordinary circumstances and restrictive measures against COVID-19 to lead to the violation of women's right to a life free from violence."
 
Mar. 2020
 
Ease sanctions against countries fighting COVID-19: UN human rights chief. (UN News)
 
As the COVID-19 pandemic progresses, the UN High Commissioner for Human Rights on Tuesday called for an easing of sanctions against countries such as Iran to allow their medical systems to fight the disease and limit its global spread.
 
Michelle Bachelet said humanitarian exemptions to sanctions measures should be authorized for essential medical equipment and supplies to avoid the collapse of any national healthcare system.
 
At this crucial time, both for global public health reasons, and to support the rights and lives of millions of people in these countries, sectoral sanctions should be eased or suspended. In a context of global pandemic, impeding medical efforts in one country heightens the risk for all of us, she stated.
 
COVID-19 has affected nearly 190 countries, with more than 330,000 cases reported globally as of Monday, according to data from the World Health Organization (WHO).
 
At least 1,800 people in Iran have died from the disease, including 50 doctors. Human rights reports on the country have repeatedly highlighted the impact of sanctions on access to essential medicines and equipment, such as respirators and protective equipment for healthcare workers.
 
Ms. Bachelet feared sanctions could also impact medical efforts in Cuba, the Democratic People's Republic of Korea (DPRK), Venezuela and Zimbabwe. The majority of these states have frail or weak health systems. Progress in upholding human rights is essential to improve those systems - but obstacles to the import of vital medical supplies, including over-compliance with sanctions by banks, will create long-lasting harm to vulnerable communities, she said.
 
The populations in these countries are in no way responsible for the policies being targeted by sanctions, and to varying degrees have already been living in a precarious situation for prolonged periods.
 
The UN rights chief underscored the need to protect health workers in these countries, who are on the frontlines of the COVID-19 crisis, while authorities should not punish professionals who point out any deficiencies in response. Ms. Bachelet urged world leaders to come together at this time as no country can combat the pandemic alone.
 
"The continued imposition of crippling economic sanctions on Syria, Venezuela, Iran, Cuba, and, to a lesser degree, Zimbabwe, to name the most prominent instances, severely undermines the ordinary citizens fundamental right to sufficient and adequate food," said Hilal Elver, UN Special Rapporteur on the Right to Food.
 
"These countries are already under stress and cannot handle the additional burden of sanctions. As the world exhibits new bonds of solidarity in response to the pandemic, it is now a matter of humanitarian and practical urgency to lift unilateral economic sanctions immediately.
 
"With connectivity among States more apparent than ever, it is clearly in the interest of all States, even those imposing sanctions, to immediately terminate such aggressive policies that weaken our institutional capacity to cope with the spreading pandemic," Elver said.
 
The UN expert reminded that sanctions often cause significant societal disruptions that are exacerbated in the midst of this global health crisis. "History has shown that unilateral economic sanctions generally have dramatic and detrimental impacts on economic, social and cultural rights. As a result, the wellbeing of the civilian populations becomes severely compromised."
 
The Special Rapporteur also urged the international community to pay particular attention to the situation of civilians trapped in conflict settings, and notably those already experiencing acute violations of their rights to food, such as in Yemen, South Sudan, Gaza, Syria and in refugee camps worldwide.
 
"Food assistance must reach the population in conflict zones without discrimination and to the maximum available resources," Elver said. "If the international community is serious about the fight against COVID-19 and the eradication of food and nutrition insecurity, States need to refrain at all times from direct and indirect interference with access to food," the expert concluded. http://bit.ly/2QZkRVJ
 
Mar. 2020
 
UN expert urges better protection of older persons facing the highest risk of the COVID-19 pandemic.
 
Society has a duty to exercise solidarity and better protect older persons who are bearing the lion's share of the COVID-19 pandemic, a UN human rights expert said.
 
"Reports of abandoned older persons in care homes or of dead corpses found in nursing homes are alarming. This is unacceptable," said Rosa Kornfeld-Matte, UN Independent Expert on the enjoyment of all human rights by older persons. "We all have the obligation to exercise solidarity and protect older persons from such harm."
 
Older persons do not only face a disproportionate risk of death but they are further threatened by COVID-19 due to their care support needs or by living in high-risk environments such as institutions, the expert said.
 
Kornfeld-Matte expressed particular concerns about older persons with underlying health conditions and those who are already socially excluded, living in poverty, having limited access to health services, or living in confined spaces such as prisons and residential care homes.
 
"This social exclusion is exacerbated by 'social' distancing measures, such as denying visitors to residential care homes. Social distancing must not become social exclusion," the expert said.
 
"Physical distance is crucial but creative and safe ways must be found to increase social connections. Older persons must be provided with ways to stay in touch online, including those in residential care homes and remote areas," she urged.
 
She noted that older persons are already facing particular old age discrimination ("ageism") and therefore require specific rights protection. She stressed the urgent need for a holistic human rights approach for older persons that ensures equal realization of all their rights, including access to health care.
 
"I am deeply concerned that decisions around the allocation of scarce medical resources such as ventilators in intensive care units may be made solely on the basis of age, denying older persons their right to health and life on an equal basis with others.
 
"Triage protocols must be developed and followed to ensure such decisions are made on the basis of medical needs, the best scientific evidence available and not on non-medical criteria such as age or disability.
 
"Older persons have become highly visible in the COVID 19 outbreak but their voices, opinions and concerns have not been heard. Instead, the deep-rooted ageism in our societies has become even more apparent. We have seen this in some cruel and dehumanizing language on social media and in the exclusive emphasis on older persons vulnerability ignoring their autonomy," Kornfeld-Matte said.
 
She finally called on all stakeholders to ensure that essential support services at home in the communities can continue without putting older persons and their care providers at risk. "Communities and generations must come together to get through this crisis in solidarity," the UN expert concluded.
 
18 Mar. 2020
 
As Governments worldwide are relying on people to stay home to prevent the spread of the novel coronavirus, they must take urgent measures to prevent anyone falling into homelessness and ensure access to adequate housing for those without, a UN expert said.
 
Housing has become the front line defence against the coronavirus. Home has rarely been more of a life or death situation, said Leilani Farha, UN Special Rapporteur on the right to adequate housing.
 
I am deeply concerned about two specific population groups: those living in emergency shelters, homelessness, and informal settlements, and those facing job loss and economic hardship which could result in mortgage and rental arrears and evictions.
 
According to the expert, approximately 1.8 billion people worldwide live in homelessness and grossly inadequate housing, often in overcrowded conditions, lacking access to water and sanitation - making them particularly vulnerable to contracting the virus, as they are often suffering from multiple health issues.
 
I am urging States to take extraordinary measures to secure the right to housing for all to protect against the pandemic.
 
Good practices are emerging in a few States, including: moratoriums on evictions due to rental and mortgage arrears; deferrals of mortgage payments for those affected by the virus; extension of winter moratoriums on forced evictions of informal settlements; and increased access to sanitation and emergency shelter spaces for homeless people, Farha said.
 
While significant, further measures are required to curb the risk for these vulnerable groups and address the growing infection rates, the Special Rapporteur said.
 
At a minimum, to ensure protection of those living in homelessness or grossly inadequate housing, States must: cease all evictions; provide emergency housing with services for those who are affected by the virus and must isolate; ensure that the enforcement of containment measures (eg: curfews) does not lead to the punishment of anyone based on their housing status; provide equal access to testing and health care; and provide adequate housing which may require the implementation of extraordinary measures as appropriate in a state of emergency, including using vacant and abandoned units and available short-term rentals.
 
With respect to those facing job loss and economic hardship, States must: provide direct financial assistance for or defer rental and mortgage payments; enact a moratorium on evictions due to arrears; introduce rental stabilization or reduction measures; and, at least for the duration of the pandemic, suspend utility costs and surcharges.
 
Measures are being introduced and significant resources allocated to mitigate against the economic downturn caused by COVID-19, such as lowering interest rates. There is a risk that such measures will enable global financial actors to use the pandemic and the misfortunes of many to dominate housing markets without regard for human rights standards, as they did in the aftermath of the 2008 global financial crisis, the Special Rapporteur said. States must prevent the predatory practices of institutional investors in the area of residential real estate.
 
By ensuring access to secure housing with adequate sanitation, States will not only protect the lives of those who are homeless or living in informal settlements but will help protect the entire world's population by flattening the curve of CV19, the UN expert concluded.
 
Mar. 2020
 
The best response to a potential economic and social catastrophe provoked by the COVID-19 crisis is to put finance at the service of human rights and to support the less well-off through bold financial approaches, today said a UN human rights expert.
 
"Fiscal stimulus and social protection packages aimed directly at those least able to cope with the crisis are essential to mitigating the devastating consequences of the pandemic," said Juan Pablo Bohoslavsky, the UN Independent Expert on the effects of foreign debt and human rights. "I call on Governments to consider the introduction of an emergency universal basic income."
 
"I am encouraged that many countries are contemplating large-scale economic stimulus measures. However, these measures must be carefully designed to make sure that their principal contribution goes well beyond only bailing out large companies and banks," he said.
 
"It is essential that public services are provided free of charge for those who cannot afford them. Debt-servicing should be suspended for individuals who would otherwise be unable to cope with the public health crisis. Mass evictions must absolutely be prevented," the Independent Expert urged.
 
"Those working in the informal sector, who are self-employed, and who cannot work from home need economic and fiscal incentives to stay at home. They will otherwise need to go to work and thereby put at risk their personal and family health and those of the broader community," he said.
 
Noting that the global recession that is unfolding can either be an unmitigated disaster or an opportunity for innovative solutions, the UN expert urged Governments to frame their COVID-19-related economic policies in terms of the "Guiding Principles on Human Rights Impact Assessment of Economic Reforms."
 
"Over the last years, we have witnessed the adverse consequences of the marketization and privatization of a number of essential services, including health care and public health. So-called 'cost-saving' policies have been implemented in many countries. These developments must be reversed urgently so that States are able to meet the human rights and fiscal challenges posed by the COVID-19 crisis," Bohoslavsky said.
 
According to the Independent Expert, debt agreements and, property rights (real, personal and intellectual) exist in a broader legal and social universe in which human rights law should prevail. If duly justified, States are able to take the necessary economic and legal measures to more effectively face the current health crisis. In particular, no private economic entitlement should trump public's rights to health and survival.
 
The Independent Expert also called on international financial institutions to urgently mobilizing their financial resources to help countries combatting the pandemic.
 
"This crisis is an opportunity to reflect on and reverse the ideology according to which economic growth is the only way forward. In particular, it calls on us to question and change our consumption patterns and behaviours, if we are serious about trying to ensure the full enjoyment of human rights by all and to protect the environment," Bohoslavsky concluded.
 
Mar. 2020
 
COVID-19 fears should not be exploited to attack and exclude minorities
 
The exploitation of COVID-19-related fears by groups and politicians to scapegoat minorities is leading to an alarming rise in verbal and physical abuses against Chinese and other minorities, with some even being denied access to health care and information about the pandemic, a UN rights expert said.
 
COVID-19 is not just a health issue; it can also be a virus that exacerbates xenophobia, hate and exclusion, said Fernand de Varennes, UN Special Rapporteur on minority issues.
 
Reports of Chinese and other Asians being physically attacked; of hate speech blaming minorities including Roma, Hispanics and others for the spread of the virus; and of politicians calling for migrants to be denied access to medical services, all show that States need to urgently emphasise that the human rights of everyone, in particular of the most vulnerable and marginalized, must be protected.
 
The UN expert expressed concerns at numerous reports of xenophobia and exclusion of minorities in different parts of the world, ranging from calls to deny access to medical care to undocumented migrants to the absence of information about the pandemic in minority languages, including sign languages.
 
Millions of individuals, particularly minorities and indigenous peoples, may not have access to what are arguably the most important public health messages in generations, de Varennes said.
 
The world's most vulnerable are often the last in line for support. The international community and States must therefore work closely together to inform, help and protect them. That includes communicating with them in their own languages where possible to effectively transmit vital public health information and care, as well as enforcing measures for their protection against physical abuse and hate speech.
 
The coronavirus outbreak endangers the health of all of us, with no distinction as to language, religion or ethnicity. But some are more vulnerable than others. All of us can take steps to resist this rise in discriminatory and hate speech against Asian and other minorities in social media, including by joining our voices in messages of support with the hashtags #IAmNotAVirus or #JeNeSuisPasUnVirus.
 
Combatting the epidemic requires tackling its darker sides. Firm actions by States and all of us to safeguard the human rights of the most vulnerable and marginalised, including minorities, indigenous communities and migrants, are urgent and necessary, the Special Rapporteur concluded.
 
Mar. 2020
 
Governments must ensure that their response to the COVID-19 pandemic does not contribute to xenophobia and racial discrimination, and must eradicate xenophobia throughout all State policy and messaging, said Tendayi Achiume, UN Special Rapporteur on racism, on the occasion of the International Day for the Elimination of Racial Discrimination.
 
Crises like the coronavirus pandemic remind us that we are all connected and that our well-being is interdependent.
 
It's dismaying to witness State officials adopting alternative names for the COVID-19 coronavirus. Instead of using the internationally recognized name of the virus, these officials have adopted names with geographic references, typically referring to its emergence in China.
 
This sort of calculated use of a geographic-based name for this virus fosters racism and xenophobia. It serves to isolate and stigmatize individuals who are or are perceived to be of Chinese or other East Asian descent.
 
Such irresponsible, discriminatory rhetoric is no minor issue. As noted by the World Health Organization in 2015: disease names really do matter to the people who are directly affected.. certain disease names provoke a backlash against members of particular religious or ethnic communities.. This can have serious consequences for peoples lives and livelihoods.
 
These consequences have already become a reality. Over the past two months, people who are perceived or known to be of Chinese or other East Asian descent have been subject to racist and xenophobic attacks related to the virus. These attacks have ranged from hateful slurs to denial of services to brutal acts of violence.
 
COVID-19-related expressions of racism and xenophobia online have included harassment, hate speech, proliferation of discriminatory stereotypes, and conspiracy theories'.
 
Political responses to the COVID-19 outbreak that stigmatize, exclude, and make certain populations more vulnerable to violence are unconscionable, and inconsistent with States international human rights law obligations.
 
Furthermore, political rhetoric and policy that stokes fear and diminish the equality of all people is counterproductive. To treat and combat the spread of COVID-19 effectively, individuals must have access to accurate health advice and sufficient healthcare without fear of discrimination.
 
In commemoration of the International Day for the Elimination of Racial Discrimination, States should reaffirm our joint obligations to achieve equality for all and to acknowledge that our work remains unfinished. As States across the world engage in their coordinated efforts to end this pandemic, I call on all actors to ensure that their work contributes to a holistic concept of health and well-being, including freedom from racism and xenophobia.
 
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