The United Nations General Assembly advances towards the negotiation of a Convention on the Protection of Persons in the Event of Disasters
By Lucía Solano
Legal adviser at the Permanent Mission of Colombia to the UN
Published on 10 March 2025
In what constituted a historic moment for the codification and progressive development of international law, and for the Sixth Committee of the United Nations General Assembly (UNGA) in particular, the UNGA adopted by consensus Resolution A/C.6/79/L.16 which delineates the route to the negotiations on a Convention on the Protection of Persons in the Event of Disasters on the 6th of December 2024. In the next paragraph we will briefly describe what were the steps that led to this significant achievement, as experienced by a direct participant in the process.
Consideration of the topic by the International Law Commission
Achieving this goal was neither an easy nor a brief task. The item “protection of persons in the event of disasters” was first considered by the International Law Commission (ILC) between 2007 and 2016, when the draft articles were adopted by the ILC at its sixty-eighth session. 18 years later, the topic is ready for codification, and the Sixth Committee —after many years of stagnation—finally decided to advance towards the negotiation of a treaty, something it had not done since 2005.
The 2004 Indian Ocean tsunami, transboundary in nature and causing a large-scale death toll, showcased the unpreparedness of the international community for events of such magnitude and the lack of a legal framework to facilitate effective disaster risk recovery and response. In its wake, the ILC commenced its consideration of the topic “Protection of persons in the event of disasters” (PPED). by including it in its programme of work in 2007 and appointing Eduardo Valencia-Ospina as Special Rapporteur.
From its sixtieth to sixty-sixth sessions, held from 2008 to 2014, the Commission deliberated on the topic, considering seven successive reports submitted by the Special Rapporteur. In addition to comments and observations from Governments, competent international organizations, and the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, the Commission also welcomed comments and observations on the draft articles from the UN Office for the Coordination of Humanitarian Affairs and the United Nations Office for Disaster Risk Reduction.
Finally, at its 78th session, in 2016, the ILC adopted a draft preamble and 18 draft articles, with commentaries thereto, on PPED. In accordance with article 23 of its Statute, the Commission recommended to the UNGA the elaboration of a convention on the basis of such draft articles.
The topic in the UN General Assembly
The item was then considered by the UNGA on its 71st session in 2016, and continued to be reviewed in the 73rd, 76th, 78th and 79th sessions, as follows:
At its 71st session, the UNGA included the item “Protection of persons in the event of disasters” in the agenda for the 73rd session and invited governments to submit comments on the draft articles (Resolution 71/141). During the 73rd session, the item was also included and retained for consideration at the 75th session (Resolution 73/209), and at the 75th session it was deferred to the 76th session (Decision 75/526). All these resolutions are available here.
Importantly, at its 76th session the Assembly decided to examine the draft articles and to consider further the recommendation of the ILC for the elaboration of a convention on the basis of the draft articles within the framework of a working group of the Sixth Committee (WG), to be convened 78th and 79th sessions of the Assembly (Resolution 76/119).
A discussion among delegations on whether the draft articles should turn into a soft law or a legally binding instrument had already arisen in the lead up to this resolution, as can be seen from the “any other potential course of action” formula included in the Resolution instead of the “elaboration of a convention” language.
Furthermore, Resolution 76/119 (2021) was important in that it broke the inertia of past discussions on the topic in the Sixth Committee. The Core Group of States (at the time composed of the delegations of Colombia, Italy, Jamaica and Nigeria, and later to be expanded with the inclusion of the Bahamas, Bangladesh, Croatia, Hungary and Thailand) pushing for this topic to move forward and reach a negotiating stage are to thank for that, along with the 20 co-sponsors of the draft resolution. The progression to discussing the topic within the framework of a working group was a significant step in achieving the goal of more focused and technical deliberations on the matter.
The WG was thus convened in 2023 and 2024 during the sessions of the Sixth Committee. As expressed, its mandate was to examine the draft articles on PPED and to consider further the recommendation of the ILC for the elaboration of a convention. The working group organized its work in five thematic clusters: Thematic Cluster 1 concerned the general provisions, followed by Cluster 2 focused on the core obligations; Cluster 3 dealt with the provisions on international cooperation, while Cluster 4 concerned the affected State, and Cluster 5 referred to the question of the facilitation of external assistance. Delegations were also given the opportunity to hold an exchange of views on the recommendation of the ILC for the elaboration of a convention on the basis of the draft articles.
The Sixth Committee concluded its consideration of the item during this session without taking action, on the understanding that the item would be included in the provisional agenda of the 79th session.
At its 79th session, in 2024, the WG was reconvened and the draft articles were analyzed following the thematic clusters modality agreed upon in the previous session. Once again, the recomposed Core Group of States had an active role. The oral report of the WG’s Chair is here.
Throughout the WG, discussions on the resolution brought to light differences among delegations on the content of some of the draft articles, on the need for further discussion and input on possible ways to improve the articles, and on the procedure to be followed to arrive at a Convention. Divergences emerged particularly in the discussions surrounding the principles of State sovereignty and non-intervention in internal affairs. Delegations also expressed different views on whether the consent of the affected State for the provision of external assistance should be required. Another debate emerged between hard law versus soft law: on the one hand, some States considered that non-binding guidelines would allow States more autonomy; on the other, the need for binding obligations to ensure timely and coordinated disaster response underscored the arguments for hard law, where States would have clear, enforceable duties.
The groundbreaking resolution of 2024
Based on this extensive debate and subsequent informal consultations, the Committee adopted without a vote on 22 November 2024 Resolution A/C.6/79/L.16, which had been cosponsored by more than 45 delegations, and which contains a series of important milestones on the elaboration of a treaty by the UNGA, including:
- A decision to elaborate and conclude a legally binding instrument on the protection of persons in the event of disasters, without prejudice to the legal effects of any particular provision contained therein, by the end of 2027 at the latest. The specific dates, location and modalities for the negotiating process will be determined by the General Assembly at its 80th session in 2025;
- A decision that the Sixth Committee shall resume its session for up to five days by the end of April 2026 at the latest, in order to prepare a consolidated text including the draft articles and the proposals submitted by Governments, within the framework of a WG of the Committee, and
- An invitation to Governments to submit to the Secretary-General, no later than 31 December 2025, proposals for amendments to the draft articles, with a view to preparing the consolidated text that will serve as the basis for the negotiations of the legally binding instrument, and a request to the Secretary-General to submit a compilation of all the proposals received to the WG.
As is instantly apparent, Resolution A/C.6/79/L.16 establishes a clear timeline for the elaboration of a treaty: first, governments are invited to submit proposals for amendments to the Draft Articles by 31 December 2025; second, by the end of 2026, a working group of the Sixth Committee will draw up a consolidated text that will include ‘the draft articles and the proposals submitted by Governments’, and third, the drafting of the treaty should be done by the end of 2027 at the latest.
It is also evident that a series of legal issues that divide States remain open and will thus be at the centre of the upcoming negotiations, as other analysts have identified. Furthermore, as States will have the opportunity to present proposals, the discussions will likely focus on the drawing up of a consolidated text that includes the draft articles and the proposals submitted by Governments.
Conclusion
As we move into the next stages in the process of adopting a convention on the protection of persons in the event of disasters, delegations are aware of the fact that many of the most important challenges we face today in our societies are due to disasters that have been occurring and will continue to occur, such as rising sea levels, desertification, new pandemics, earthquakes, hurricanes, fires or floods. Yet, the international community—and particularly developing States—seems to lack the tools to prevent, manage, mitigate the effects or altogether protect their people in the event of disasters. As Thailand put it “above all else, those that stand the highest chance of losing are the poorest and most vulnerable communities, with their livelihood and development gains being repeatedly impeded, if not reversed.”
The international community will thus face a major challenge in this negotiation and once again international law will be put to the test. But the duty is unavoidable as disasters will only increase and get more devastating as a consequence of climate change. Adopting a treaty in the field is therefore crucial, and the stakes have never been higher. Jamaica, on behalf of CARICOM, expressed it best: “We have a duty as citizens of this global community, to prepare a world in which all are protected in the event of disasters.”