IACHR
Press Release
IACHR and its SRESCER Express Solidarity with the People of the Bahamas over Damage Caused by Hurricane Dorian and Call for Urgent Implementation of a Human Rights–Based Response
September 23, 2019
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) and its Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights (SRESCER) expressed their deep solidarity with the people of the Bahamas, particularly those who were affected by the damage caused by Hurricane Dorian since Sunday, September 1.
Three weeks after this category 5 hurricane devastated parts of the country, especially the islands of Abaco and Grand Bahama, the death toll has risen to at least 52 people and around 1,300 remain missing, according to the preliminary information available to the IACHR and its SRESCER. The Red Cross estimates that around 13, 000 homes were destroyed or damaged and around 70,000 people are affected and in need of humanitarian assistance. Given the devastating force of the hurricane and the fact that rescue work continues, it is foreseen that these figures will continue to rise. Statements from the country’s Ministry of Health also reported serious damage to the main hospital in Grand Bahama, and warnings were also issued regarding damage to the infrastructure of the largest oil storage facility in the area. Specifically, according to the company that owns the facility, Equinor, at the time of the disaster some 1.8 million barrels of crude oil were stored there, and leakages have been observed from some of the tanks.
The IACHR and SRESCER noted that the OAS General Assembly has acknowledged that “climate change has adverse impacts in the Americas, causing deterioration in quality of life and the environment for present and future generations.” They also stressed that the links between climate change and the ever-increasing frequency of natural disasters threatened the exercise of various human rights, including by causing the forced displacement of people and increasing inequality and poverty. They noted that economic, social, cultural, and environmental rights such as access to food, drinking water and sanitation, housing, and healthcare are often threatened and severely limited during such humanitarian emergencies, which also affect the right to development.
Strategies to combat climate change must not be isolated efforts. OAS member states must coordinate efforts to overcome the challenges posed by this state of affairs, including in relation to inequality and environmental justice. The IACHR and its SRESCER noted that article 30 of the OAS Charter establishes member States’ commitment to achieving social justice and comprehensive development as essential conditions for peace and security. Likewise, article 31 of the charter establishes that comprehensive development “is the common joint responsibility of the Member States, within the framework of the democratic principles and the institutions of the Inter-American system.” Furthermore, article XI of the American Declaration of Human Rights recognizes and protects the rights to the preservation of health and well-being. More specifically, article 26 of the American Convention on Human Rights establishes an obligation for cooperation between the states to achieve economic, social, and cultural rights, including the right to a healthy environment.
Member States’ obligations to respect and guarantee human rights set out in the Inter-American legal framework for the protection of human rights establish certain demands on States within those regulatory and institutional spheres that relate to the environment. For example, the Inter-American Court of Human Rights has expressed that States have an obligation to guarantee the right to access information regarding possible damage to the environment, access to justice and the right of people under their jurisdiction to participate in decision- and policy-making that may affect the environment.
Likewise, when it adopted the 2030 Agenda for Sustainable Development, the United Nations General Assembly acknowledged that the enjoyment of human rights for all depends on the three dimensions of sustainable development: social development, economic development, and environmental development. Similarly, the Inter-American Democratic Charter says “it is essential that the States of the Hemisphere implement policies and strategies to protect the environment, including application of various treaties and conventions, to achieve sustainable development for the benefit of future generations.”
On these grounds, the IACHR and its SRESCER wish to remind the State of the Bahamas that strategies and plans to address the humanitarian emergency and the subsequent rebuilding and rehabilitation of the areas affected by Hurricane Dorian must put human rights at the forefront. In the words of IACHR president Esmeralda Arosemena de Troitiño: “the priorities should be the most vulnerable individuals and groups, along with facilities that are key to guaranteeing human rights, such as hospitals, schools, facilities for the provision of drinking water and sanitation, and food supply centers, in addition to access to affordable and timely means of financing to rebuild and repair affected housing.” She also stated that “the State of the Bahamas must also design specific medium- and long-term policies targeting adaptation and resilience to natural disasters of this sort.”
In connection with this, the IACHR rapporteur for the Bahamas, Margarette May Macaulay, said that “the State of the Bahamas must also identify and provide special protection for people who are at risk of becoming victims of sexual trafficking or exploitation, particularly women and children, who tend to be more vulnerable during this type of emergency.” She added that “it can be inferred from the Inter-American System of Human Rights that States have the obligation to adopt a legal and institutional framework that responds to significant environmental damage that may affect human rights.”
The Special Rapporteur on Economic, Social, Cultural, and Environmental Rights, Soledad García Muñoz, also underlined: “people living in poverty are affected disproportionately during these situations because their housing is less resilient, they have fewer available resources for mitigating and coping with the effects of natural disasters and climate change on their own, and they face greater obstacles in accessing social and financial protection during the process of recovering from hurricanes. Generally speaking, they are more exposed to disease and risks to their lives and personal integrity and are less prepared to handle possible increases in the prices of basic goods and services. As a consequence, providing care and support for these people must be prioritized within a human rights-based approach.”
Finally, the IACHR and its SRESCER called on the States in the region to provide immediate and coordinated support for all those in the Bahamas who have been affected by Hurricane Dorian in the form of humanitarian aid and actions to mitigate the damage caused. As a general principle, States must join forces and cooperate in a decisive, concrete manner to implement regional strategies and plans that provide a comprehensive, adequate, and timely response to their shared environmental challenges and to the effects these have on individual’s human rights.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
The SRESCER is an office of the IACHR that was specifically created to support the IACHR in fulfilling its mandate to promote and protect economic, social, cultural, and environmental rights in the Americas.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 237/19