Jivesh Jha
https://risingnepaldaily.com/opinion/pursuing-legal-diplomacy-against-covid-19
At a time when the current coronavirus outbreak has brought the world to brink of socio-economic catastrophe, the legal diplomacy may be an instrument to establish a dynamic link between pandemic and politics to raise a collective voice for global humanitarian challenges.
The issue of coronavirus may be of medical nature but its solution could be sought legally. The main task for the world leaders should be to build a unanimous disaster risk reduction and preparedness mechanism. Given the apathy of international community for a unanimous response mechanism, it will be a tough task for the developing states to convince the minds of the international agencies for claiming compensation against the loss caused to them due to the pandemic that supposedly started in developed world.
Undoubtedly, better collaboration with the United Nations (UN) is crucial for the developing countries with weak infrastructures and legacy of political instability. Such nations should try to put forward their case more effectively in order to win diplomatic support of world powers for recognition of human and political rights of people.
International conventions
The First World Conference on Natural Disasters in Yokohama, Japan held from May 23 to 27, 1994, adopted the Yokohama Strategy for a safer world. The convention envisages that disaster prevention, mitigation, preparedness and relief are four elements which contribute to and gain from the implementation of sustainable development policies. The convention explains that sustainable economic growth and development cannot be achieved without adequate measures to reduce disaster losses, and that there are close linkages between disaster losses and environmental degradation (Agenda 21).
The second world conference on disaster risk reduction was held in Kobe, Hyogo, Japan from 18 to 22 January 2005. Integration of disaster risk reduction into sustainable development and building institutions resilient to hazards and emergency preparedness, and response and recovery programmes were the major goals of HFA.
The Sendai Framework for Disaster Risk Reduction (SFDRR) 2015-2030 was adopted in Sendai, Japan, on March 18, 2015. The SFDRR’s four priorities for action are targeted to achieve by 2030. These priorities include understanding disaster risk, strengthening disaster risk governance to manage disaster risk, investing in disaster risk reduction for resilience and enhancing disaster preparedness for effective response and to “Build Back Better” in recovery, rehabilitation and reconstruction.
Meanwhile, the 17 Sustainable Development Goals (SDGs) were adopted by the world leaders in September 2015 at an historic UN Summit and it came into force on 1 January 2016. Nepal government has prepared and implemented a 15-year Sustainable Development Agenda of Nepal (2015-2030), in which DRM has been prioritised.
While the COVID-19 outbreak and its deadly impacts are on the rise, the states could adopt a unanimous disaster/pandemic risk governance system that enables disaster preparedness and risk reduction mechanisms. In welfare states, there should be laws to guarantee fair compensation to the vulnerable citizens and business enterprises suffering due to crisis.
With the global spread of COVID-19, the fundamental rights relating to trade, commerce, health, information, food, education or consumer or right to work are in perilous condition. Globally the constitutions or other relevant laws of the land ensure a fundamental right to work. Article 23 of Universal Declaration of Human Rights (UDHR), 1948 envisages that everyone has the right to work, free choice of employment, just and favourable conditions of work and protection against unemployment. The right to work morphed from a mere state value to an individual human right with Article 23 of the UDHR. This provision not only protects the right to work, but also obligates states to provide the right to compensation while unemployed. This international obligation has been badly affected due to coronavirus-induced lockdown. The small scale industries’ employees or daily wage earners have lost their right to just and favourable remuneration which is protected under Article 23(4), UDHR, 1948.
The International Labour Organisation (ILO), in its latest report, said, “No matter where in the world or in which sector, the crisis is having a dramatic impact on the world’s workforce.” It further said that in the absence of appropriate policy measures, workers face high risk of falling into poverty and will experience greater challenges in regaining their livelihoods during the recovery period. Almost 25 million jobs could be lost worldwide as a result of COVID-19. The legal diplomacy could help the states to curb unemployment.
Similarly, the strict quarantine measures have closed schools and colleges which led to suspension of right to education. Though the online classes fill the gap, the governments across the world are yet to endorse online teachings for disabled students. The world community could devise an online teaching method for disabled student.
The students’ right to receive education and their teachers’ right and duty to impart knowledge have been directly affected due to lockdown. SDG Goal No 4 also aims to ensure quality education to all. Article 26 of UDHR, Article 13 of ICESCR and Article 28 of Convention on Rights of Children (CRC), 1989 oblige the signatory states to ensure quality education to the citizens of school going age.
Citizens’ right to food and lead a dignified life with liberty has also been curtailed in this unprecedented time. The stranded migrants or daily wage earners have been hit hardest due to this lockdown.
Moreover, rights to participate in religious functions, medical aid without any hassle, safe motherhood, trade, commerce and business and travel or the like have been severely affected with the pandemic outbreak. A global response mechanism against a pandemic could unleash a robust framework for the protection and promotion of fundamental rights envisaged in nations’ constitutions across the world.
Uniform response
Unless and until, we have a uniform pandemic response mechanism globally, the medico-economic democracy at home would not give us much confidence. The goal of the international community should be like this: “prevent pandemic, promote peace” or “form a unanimous response mechanism against a disaster for a better world.” The global spread of the COVID-19 has given a message to the world that the global attention and action is required to combat a pandemic against which no country - however powerful or developed - has been able to develop total protection mechanism. Nevertheless, international cooperation, coordination and collaboration could be very crucial in disaster risk reduction and management.
(The author is the Judicial Officer at Birgunj High Court)
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