University of Eastern Africa Baraton, Kenya
Student assignment – Master’s Degree in Global Health Care
5GHED620 Final Assignment
Student:
Visa Kuusikallio
Name of Study Unit:
5GHED620 Final Assignment
Assignment name
and/or number:
Final Assignment
Date:
13-12-2016
Reference guidance:
When referring to this document, please indicate the name of the author, publishing
year, title of the document and the text: This document is originally published and available at: repository.ueab.ac.ke Accessed: Date.
Document synopsis:
"The more governments, UN agencies, organizations, businesses and civil society understand
risk and vulnerability, the better equipped they will be to mitigate disasters when they strike
and save more lives"—
Ban Ki-moon, United Nations Secretary-General
1 5GHED620 Final Assignment Ikali´s instruction:
Choose one type of possible disaster in Kenya and analyze the legal basis of
your rights as an emergency condition worker for actions and rights of the target group. Use the given literature, international and national legislation and
the ethical codes for to complete the assignment.
Table of contents
1.
Chosen example: disaster in Kenya – tribal clashing in the Tana River district, Coast
province 2012-13: ............................................................................................................. 4
2
Assingnment answers ............................................................................................... 4
2.1
Legal basis of my rights as an emergency worker ...................................................... 4
2.2
Rights of the target group. ......................................................................................... 5
List of references .............................................................................................................. 8
1. Chosen example: disaster in Kenya – tribal clashing in the Tana River
district, Coast province 2012-13:
Least 39 people have been killed in latest clashes between rival communities in the Tana
River district of Kenya's Coast province during December 2012. Thirteen children and six
women were among killed people.
The conflict has occurred between Pokomo farmers on an Orma village in Kipao. Settled
Pokomo farmers and semi-nomadic Orma pastoralists have clashed intermittently for years
over access to grazing, farmland and water in the coastal region.
Police say the latest attack was revenge for the killing of more than 100 villagers earlier
2012, but some say the raids are political. There have been casualties on both sides. Houses
were reportedly burnt and villagers cut down with machetes. Some victims bled to death
while waiting to be treated. "About 150 Pokomo raiders attacked Kipao village, which is inhabited by the Ormas, early on Friday. The Ormas appeared to have been aware and were
prepared," Robert Kitur, Coast Region deputy police chief, told reporters.
Police reinforcements and emergency officials are being flown to the scene, while the
wounded are being taken to the port city of Mombasa for treatment.
Source: http://www.bbc.com/news/world-africa-20807736
2 ASSINGNMENT
2.1
Legal basis of my rights as an emergency worker
Human right workers in fragile situation are always in danger somehow. That fact challenges
us as workers to know our rights, as volunteers or professional salary-paid workers. In case of
tribal clashes in Kenya there are always pressure to all involved professionals to take sides in
conflict. The main rule behind of rights and protection is staffers own attitude. Never take the
sides in the conflict. Just create the strong attitude and role as “third part” of conflict. Take
strong role as person who is helping and building peace more than other. Must remember
that experience learnt from many conflicts like m South-Sudan: Peace can never be achieved
using a one-size-fits-all model, and effective, long-term projects that last are those that are
created by the communities themselves.1
4
According to UN human Rights declaration human rights should be protected by the rule of
law2. Everyone has the right to life, liberty and security of person (articla 3). Any and all who
are managing, working or volunteering under the official permissions granted by local or nationwide governance is legal to work according the mandates which he or she have. Secondly
in fragile situation like in example the persons or organizations as aid provided are not allowed
to do any other activities by their own. The tasks and aims must be legalized between organization and local/nationwide government.
The minimum agreement standard to require is Mutual Assistance Agreement (MAA). Purpose
of MAA is also to protect legal basics, safety and rights of single emergency worker in case on
disaster. According to public safety rules of Canadian government it is defined as follow: The
pre-arranged agreement developed between two or more entities to render assistance to the
parties of the agreement3 that agreement can be either the oral or document in beginning of
process. Later on all is needed as written and signed document.
In tensioned case like tribal clashing in Tana district the meaning of formal agreements and
common understanding between officials are very important.
In section Priorities for action according to Sendai framework states that States, regional and
international organizations need to take into consideration respective capacities and capabilities, in line with national laws and regulations4.
2.2
Rights of the target group.
According to UN human Rights declaration human rights should be protected by the rule of
law. Everyone has the right to life, liberty and security of person (article 3)
Constitution of Kenya its part 5 defines role of Kenya National Human Rights and Equality
Commission to receive and investigate complaints about alleged abuses of human rights and
take steps to secure appropriate redress where human rights have been violated5.
In major disaster situations, the President has the power to declare a state of emergency,
when the country is under threat from a “natural disaster or other public emergency” and
doing so “is necessary to meet the circumstances for which the emergency is declared6
5
According to National policy for disaster management in Kenya –document (2012)7 The Adequate coordinating and communication, at all levels, amongst stakeholders, are critical components of disaster management. Mentioned document also states that it is key response for
government to establish alternative and effective communication systems where normal communication is likely to be or has been interrupted during disasters.
In case of manmade violent disaster, the proper and trustful communication and coordination
are the key elements. Chaos, rumors, displacing etc. are common effects following the machete or gun killings in fragile society.
Principles of Conduct in the Disaster response workers of Red Cross and Red Crescent Movement states that always the humanitarian imperative comes first8. The main principle is also
that aid is given regardless of the race, creed or nationality. Also without adverse distinction
of any kind. Aid priorities are pointed on the basis of need alone. Aid will not be used to further
a particular political or religious standpoint.
According the rights of target group, workers and volunteers shall respect culture and custom.
Must strive to reduce future vulnerabilities to disaster as well as meeting basic needs.
We hold ourselves accountable to both those we seek to assist and those from whom we
accept resources. Disaster victims must regionalize as dignified human beings, not hopeless
objects. This aim is very important in cases of tribal clashes. The workers must be very much
concerned about they own thoughts and backgrounds. The give help, aid and solutions for all
human beings is above all when disaster is ongoing. Also after actual happenings at phase of
recovery and reconciliation.
The sphere Handbook states three main principles9. The right to life with dignity, the right to
receive humanitarian assistance and the right to protection and security.
Any kind planned or given services of humanitarian agencies basis the principle of humanity
and the humanitarian imperative. They recognizing the rights of all people affected by disaster
or conflict – women and men, boys and girls even the cattle. Including the rights to protection
and assistance reflected in the provisions of international humanitarian law, human rights and
refugee law.
6
While these rights are not formulated in such terms in international law, they encapsulate a
range of established legal rights and give fuller substance to the humanitarian imperative.
Author Ireni Saban points the social justice viewpoint. According her, the goal of professional
helpers is to provide needed resources that promote the abilities of communities and individuals to pursue their own distinctive perceptions. Basic rights and goods surrounding disaster
management policies are often at the core of social justice disputes.
Therefore, helpers should encourage affected communities to participate in formal decisionmaking processes that affected communities will be able to greatly reduce the total amount
of damage and vulnerability caused by disasters.10
However, the target groups rights and justice s are always under the laws and rules of they
own country. That may occur difficult situations in case of clashes between internationally
displaced persons.
Behind the targets groups rights are always the Kenyas government’s inability to contain what
has rightly been identified as politically instigated inter-communal clashes between the delta’s
main communities, in the Orma, Pokomo. In case of disaster management, helpers must anyway do what they can, political issues and actions hold much deeper and bigger questions.
7
LIST OF REFERENCES
1
Easthom, T. (2015). The South Sudan Weapons Free Zone. Peace Review, 27(1), 31-36.
doi:10.1080/10402659.2015.1000188
2 http://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
3 https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/mrgnc-mngmnt-frmwrk/index-eng.aspx
4 http://www.unisdr.org/files/43291_sendaiframeworkfordrren.pdf
5 http://www.klrc.go.ke/index.php/constitution-of-kenya/115-chapter-four-the-bill-of-rights/part-5-kenyanational-human-rights-and-equality-commission/225-part-5-kenya-national-human-rights-and-equalitycommission
6 https://www.loc.gov/law/help/health-emergencies/kenya.php#_ftn16
7 http://www.nscpeace.go.ke/resource-library/downloads/category/4-publications.html#
8 http://www.ifrc.org/en/publications-and-reports/code-of-conduct/
9 http://www.spherehandbook.org/en/the-humanitarian-charter/
10
Ireni Saban, L. (2014). Disaster Emergency Management: The Emergence of Professional Help Services for
Victims of Natural Disasters. Albany: State University of New York Press.