A human rights-based approach to emergency management

By Kasari Govender, B.C. Human Rights Commissioner

This is a revised excerpt from the B.C. Human Rights Commissioner’s report entitled From Hate to Hope: Report of the Inquiry into Hate During the COVID-19 Pandemic.

During our inquiry into the rise of hate during the COVID-19 pandemic (report released in the spring of 2023), it became clear that a human rights-based approach to emergency management is essential to preventing spikes in hate, discrimination and violence during times of societal crisis. A human rights-based approach would anticipate disproportionate impacts, including increases in hate, and take steps to proactively protect individuals and communities from harm. While we do not know whether we will have another global pandemic during our lifetimes, we do know that we will continue to see states of crisis in the form of extreme weather and other climate related catastrophes. Unfortunately, our findings around the importance of human rights to emergency management remain highly relevant.

Recognizing the disproportionate impacts of disasters

A human rights-based approach is a conceptual framework that seeks to centre the voices of those marginalized and to make inequalities visible in order to redistribute unjust distributions of power. Key principles include the indivisibility, inalienability and universality of rights; intersectional equality and non-discrimination; meaningful participation, inclusion and empowerment; transparency and accountability and the rule of law.

A human rights-based approach to emergency or crisis management would acknowledge that the most marginalized people in our society, including Indigenous and racialized people, women, people with disabilities, LGBTQ2SAI+ people, seniors, people experiencing homelessness, mental health issues and addictions, and migrant workers, are disproportionately affected in times of crisis. This kind of approach would anticipate and address these disproportionate impacts. It would also recognize that public health measures that restrict the exercise of rights for people, including prisoners and people living in long-term care homes or mental health facilities, must be done in accordance with the law and respect for fundamental human rights.

During our inquiry, my office conducted cross-jurisdictional research into human rights-based approaches to emergency management planning. Over the last 50 years, some disaster and emergency planning approaches have moved away from their roots in civil defence toward a more decentralized, multi-disciplined and multi-jurisdictional approach using a human rights-based framework.

A human rights-based approach acknowledges that while emergencies and disasters are indiscriminate in whom they affect, they disproportionately impact already marginalized and vulnerable people. In a human rights-based approach, marginalized and vulnerable people, including recipients of aid, are involved in all stages of emergency planning in an active, voluntary and meaningful way. Their needs are addressed as basic human rights and programs and policies are aimed to build their capacity.

Examples of human rights-based approaches

Post Hurricane Katrina, the U.S. Federal Emergency Management Agency uses a “whole community” approach to emergency management. ‘Whole community’ is a means by which residents, emergency management practitioners, organizational and community leaders and government officials can collectively understand and assess the needs of their communities and determine the best ways to organize and strengthen their assets, capacities and interests. By doing so, a more effective path to societal security and resilience is built. Whole community is meant to increase individual preparedness and engage with members of the community as vital partners in enhancing resiliency and security.

In April 2020, the Ontario Human Rights Commission issued a policy statement on a human rights-based approach to managing the COVID-19 pandemic. Regarding responding to racism, ageism, ableism and other forms of discrimination, the policy statement specifies:

  • Ensure that steps taken in response to COVID-19 are based on evidence, and deliberately challenge, reject and dispel stereotypes.
  • Anticipate and take into account the potential for certain communities to experience increased racism, ageism and ableism as a result of the government’s response to the COVID-19 pandemic.
  • In collaboration and cooperation with vulnerable groups, take all necessary steps to proactively protect individuals and communities from hate, racism, ageism, ableism and discrimination propagated by private individuals.
  • Monitor and report on any trends in hate and discrimination related to the COVID-19 pandemic, and pursue appropriate sanctions, including criminal prosecution where appropriate.

Illustration from ‘From hate to hope: Report of the inquiry into hate in the COVID-19 pandemic.’ © BC’s Office of the Human Rights Commissioner, reproduced with permission.

Incorporating a human rights-based approach in emergency management

I believe updates to existing emergency response procedures must incorporate a human rights-based approach, must include Indigenous peoples and other communities that are disproportionately impacted by crises and, specifically, must address the anticipated rise of hate and gender-based violence during times of crisis. Emergency procedures should also include accessible mental health supports and additional funding should be made available to community organizations that work to combat racism, hate and violence. I also heard and agree that public officials have a key role to play in both unequivocally denouncing hate when it occurs and in promoting cohesion through their messaging during emergencies.

Emergency response must not only necessitate an analysis of who may be disproportionately impacted or ignored during times of emergency; it must also account for perspectives about solutions that may be overlooked because of bias or systemic discrimination. For example, in the context of forest fires in British Columbia, many First Nations have successful strategies that have been adapted across the generations who have stewarded this land. We ignore these voices at everyone’s peril.

In sum, a human rights-based approach is not only the legally and morally correct approach to emergency management. It not only will prevent harm to those who are hardest hit or may be left behind. It is essential to effective management and social cohesion for whole communities in times of crisis.

Bio

Kasari Govender is British Columbia’s Human Rights Commissioner. As an independent officer of the Legislature, Commissioner Govender is uniquely positioned to ensure human rights in B.C. are protected, respected and advanced on a systemic level. Her work through BC’s Office of the Human Rights Commissioner centres listening deeply to British Columbians to inform educational materials, policy guidance, public inquiries, interventions, community-based research and more that protects marginalized communities, addresses discrimination and injustice and upholds human rights for all.

More information about the role of the B.C. Human Rights Commissioner can be found at bchumanrights.ca. The office can be contacted at i nfo@bchumanrights.ca or 1-844-922-6472.