S3.1 session day 2 1 training delivered by Oxfam GB, RedR India and Humanitarian Benchmark; 23-27 January 2012, Yangon, Myanmar approved by the Advisory

S3.1session

day

2

1 training delivered by Oxfam GB, RedR India and Humanitarian Benchmark; 23-27 January 2012, Yangon, Myanmar

approved by the Advisory Group members

Humanitarian principles

1 22

90Minutes

Legal framework, Red Cross Code of Conduct & The Sphere Project

Developing a session plan

By the end of this session, you will have an understanding of

Objective 1 Legal framework

Objective 2 Red Cross Code of Conduct

Objective 3 The Sphere Project

Objective 4 Humanitarian Accountability Partnership

Objective 5 IDP Guiding Principles

Learning objectives


What are the different types of laws that have an impact on humanitarian work?

International humanitarian law

International human rights law

International refugee law

National law




Human rights lawEnsures all people have the rights and freedoms inherent in human nature

Humanitarian lawDistinguishes between combatants and non-combatants

Refugee lawPrinciple of non-refoulement: refugee can’t be sent back to a country in which they are threatened

International law


Where is the genesis of these laws?

RedR India

In International law, commonly accepted principle of law becomes ‘law” through the fact that states consider it a “custom” to act in such a way. Alternatively, the international community may enact the way they behave in “law” which at international level are called “treaties”, “Conventions”, “protocols” ….

Convention/covenant/pact/treaty (Legally binding; states sign

and ratify Non-treaty standards e.g declarations, Resolutions, principles (not binding, but can be powerful) Customary law e.g slavery, torture, refugee refoulement



Source documents? international bill of rights

Who has rights? everyone except in times of war (does not include certain laws)

Who has duties? everyone morally, states legally

When applicable? always with some clauses suspended in time of war

Human rights law ensures all people have the rights and freedoms inherent in human nature:



Humanitarian law distinguishes between combatants and non-combatants:

Source documents? the Geneva Convention

Who has rights? non-combatants in conflict

Who has duties? warring parties

When applicable? during conflict



Refugee Law: principle of non-refoulement, no refugee sent back to a country in which they are threatened:

Source documents? convention on the state of refugees

Who has rights? non-combatants in conflict

Who has duties? host country

When applicable? anywhere with refugees



National law – e.g. building codes

Customary law – e.g. land rights

International law – e.g. human rights law

Law provides the framework for humanitarian action


Why is law important?

• Sets standards and responsibilities; elevates discussions “up a level”

• Facilitates a consistent and coherent articulation of humanitarian concerns in the short, medium and long-term

• Provides a detailed framework for joint action taken by NGOs and other organisations on humanitarian issues

• Caveat: Only ONE of the languages of humanitarian action


v

The legal view of relief system

Formal InformalSTATES

warring parties

UN, ICRC

Communities & Individuals

NGOsMandated to Assist/protect

Obligations

Rights

Principles & Codes

Impartiality

Neutrality

Delivery of duties by Agents of

State


Mandate of the ICRC

• “The ICRC acts in time of war, civil war or internal disturbances or tension, protecting and assisting civil and military victims”

• Promoter of the Geneva Conventions

• Neutral Intermediary


Other key HR instruments

• The genocide convention 1948 “to punish and prevent genocide”

• Convention on the rights of the child

• Convention against torture “extradite or prosecute”

• Convention on elimination of all forms of discrimination against women


1. The humanitarian imperative comes first

2. Aid is given regardless of race, creed, or nationality of recipient

3. Aid will not be used to further political or religious standpoints

4. Act not as instruments of government foreign policy

5. Respect culture and custom

6. Build disaster response on local capabilities

7. Involve programme beneficiaries in the management of relief aid

8. Reduce future vulnerabilities to disaster and meet basic needs

9. Accountable to those you assist and those who resource you

10. Recognise disaster victims as dignified humans

Prepared by the International Federation of Red Cross and Red Crescent Societies in consultation with the ICRC

The Code of Conduct (1994) is voluntary; enforced by the will of organisations:

Objective 2 Red Cross Code of Conduct


Key principles of refugee law

Person cross a border before applying for asylum

Assessment must be individual, not as a groupFleeing conflicts is not a case for refugee status. Persecution must be individual

The refugee status prohibits forced return, until each individual’s case has been heard and judged by a competent tribunal (non-refoulement) Prohibits return to a country which practices torture, even if claim has been dismissed

Refugees are persons fearing persecution due to: Race, nationality, religion or membership of specific social group


Mandate of UNHCR

•“…providing international protection…to refugees…”

•“...and of seeking permanent solutions for the problem of refugees by assisting Governments”

•“…to facilitate the voluntary repatriation of such refugees, or their assimilation”


In conclusion...

International humanitarian law• obligation of states and combatants to protect citizens in a

time of war

International human rights law• obligation of states to protect citizens at all times: “life

with dignity”

Refugee law• obligation of states to recognise and protect refugees


Codes

• code of conduct

• humanitarian charter

• rules and codes of organisations


The “SPHERE” Project

Draws from international law

• “Dignity” from human rights law

• “Distinction” from IHL

• “Non-refoulement” from refugee law


Launched in 1997 by a group of humanitarian NGOs and the Red

Cross and Red Crescent movement

Sphere is three things; a handbook, a broad process of

collaboration, and an expression of commitment to quality and

accountability

Handbook: guidelines that are set out in the humanitarian charter,

protection principles and minimum standards in disaster response



The right to life with dignity

The right to receive humanitarian assistance

The right to protection and security

The Humanitarian Charter provides the ethical and legal backdrop to the Sphere Principles and standards:

Key principles:



Avoid causing further harm as a result of your actions

Ensure people’s access to impartial assistance

Protect people from physical and psychological harm due to violence

or coercion

Assist with rights claims, access to remedies and recovery from

abuse

Four basic Protection Principles, new to 2011 edition:



Core standards essential to achieving all the minimum standards


HumanitarianCharter

Core standards

Protection Principles

Standard 1 People centred humanitarian response

Standard 2Coordination and collaboration

Standard 6 Aid worker performance

Standard 5 Performance, transparency and learning

Standard 4Design and response

Standard 3Assessment

References and further reading


Minimum standards provided for four key lifesaving humanitarian sectors:

Water supply, sanitation and hygiene

Food security and nutrition

Shelter, settlement and non-food items

Health action



Discussion

• How do laws and codes impact on our

humanitarian work?

• How can they be used to improve our work?

5 mins


A “Rights-Based Approach”

NEEDS BASED

• “Beneficiaries”

• Focuses on groups/ communities

• Focuses on material needs

• Assistance can be given… or taken away

RIGHTS BASED

• “Entitlements”

• Focuses on the individual

• Focuses on duties and responsibilities

• Assistance is one way of helping people to fulfil rights.


Impact on programming

• Long-term vision focusing on the rights of all people

(rather than on short-term incomplete targets)

• Fight discrimination and promote equality and the

inclusion of all people (in policies, services, programmes)

• Concentrate on the worst rights violations and on the most

vulnerable and most marginalized people

• Strengthen the accountability of duty bearers for human rights

• Support people (and their institutions) to demand their rights


Impact on coordination

• Benchmark to deal with humanitarian dilemmas

• Aids coordination

• Work with other agencies towards common rights-based

goals (or aims)

• Affects conduct (knowing what national law is)

• Affects your assessment of government capacity (knowing what responsibility there is)

• Affects your assessment of UN and bilateral agencies (knowing what they are responsible for)


Established in 2003, HAP international is the humanitarian sector's first international self-regulatory body

Members of HAP are committed to meeting the highest standards of accountability and quality management



• The vision of HAP International is of a humanitarian system championing the rights and the dignity of disaster survivors.

• The mission of HAP International is to make humanitarian action accountable to its intended beneficiaries through self-regulation, compliance verification and quality assurance certification.



IDP Guiding Principles1998 : ‘Guiding Principles on Internal Displacement’

• “Soft” law: not binding

• A restatement of principles from international humanitarian law; international refugee law and human rights applied to situations of internal displacement.


36

IDP Guiding Principles are divided into:

General principles Principles relating to protection from displacement Principles relating to protection during

displacement Principles relating to humanitarian assistance Principles relating to return resettlement and

reintegration


37

Main IDP principles

• Principle of equality before the law• Principle of non discrimination• Primary responsibility of the national

authorities


Any questions

Share your experiences

Do you have any comments or experiences you would like to share?

Do you have any questions?

Any questions?


Further reading

Humanitarian Charter and MinimumStandards for Disaster Response The Sphere Project, 2011

The 2010 HAP Standard in Accountabilityand Quality ManagementHAP International, 2010

Code of Conduct for International RedCross and Red Crescent Movement andNGOs in Disaster ReliefICRC, 1994

Documents

S3.1 session day 2 1 training delivered by Oxfam GB, RedR India and Humanitarian Benchmark; 23-27 January 2012, Yangon, Myanmar approved by the Advisory