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 Group members Humanitarian principles 1 22 90 Minutes Legal framework, Red Cross Code of Conduct & The Sphere Project
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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.
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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
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
Objective 1 Legal framework
Developing a session plan
Objective 1 Legal framework
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
Developing a session plan
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
Developing a session plan
Objective 1 Legal framework
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:
Developing a session plan
Objective 1 Legal framework
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
Developing a session plan
Objective 1 Legal framework
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
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Objective 1 Legal framework
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
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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
Developing a session plan
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
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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
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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
Developing a session plan
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
Developing a session plan
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
Developing a session plan
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”
Developing a session plan
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
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Codes
• code of conduct
• humanitarian charter
• rules and codes of organisations
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The “SPHERE” Project
Draws from international law
• “Dignity” from human rights law
• “Distinction” from IHL
• “Non-refoulement” from refugee law
Developing a session plan
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
Objective 3 The Sphere Project
Developing a session plan
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:
Objective 3 The Sphere Project
Developing a session plan
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:
Objective 3 The Sphere Project
Developing a session plan
Core standards essential to achieving all the minimum standards
Objective 3 The Sphere Project
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
Developing a session plan
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
Objective 3 The Sphere Project
Developing a session plan
Discussion
• How do laws and codes impact on our
humanitarian work?
• How can they be used to improve our work?
5 mins
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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.
Developing a session plan
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
Developing a session plan
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)
Developing a session plan
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.
Developing a session plan
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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
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Main IDP principles
• Principle of equality before the law• Principle of non discrimination• Primary responsibility of the national
authorities
Developing a session plan
Any questions
Share your experiences
Do you have any comments or experiences you would like to share?
Do you have any questions?
Any questions?
Developing a session plan
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