STRENGHTENING RELATIONSHIP BETWEEN ICRC AND NATIONAL SOCIETIES SEA Leaders Meeting, Laos - 2013 Indonesian Red Cross – Concept Paper Presented by: Budi Atmadi Adiputro (Secretary General of PMI) BETWEEN ICRC & NATIONAL SOCIETIES

Expectation All of NSs hopes that ICRC have become more powerful, professional and be able to carry out the mandate of the organization well and can be accepted by all parties, including government, NSs, community and other partner agencies Strong trust and acceptance of the government to the ICRC, will authorize host NS to support all ICRC programs. If the role and function of respective component is implemented by respect each other, it will give added value to the implementation of the task Harmonious engagements of ICRC and NS will performing a better humanitarian services Building trust, strong relationships and open communication between the ICRC and the NSs that serve as the foundation of work in the future

Background (1) The Statutes of the ICRC article 5 clause 1 , clearly stated that “The ICRC shall maintain close contact with the NSs In agreement with them, it shall cooperate in matters of common concern, such as their preparation for action in times of armed conflict, respect for and development and ratification of the Geneva Convention, and the disseminations of the Fundamental Principles and IHL”

Background (2) NS is the sole organization in a country to run the RCRC humanitarian services. It is founded by National law and plays its role as auxiliary to government The unique role make NS should manage well its relation and coordination with the government and also with its partner within the movement in order that NS can undertake its activities in line with its mandate and RCRC principles

Background (3) ICRC representative office does not exist in all NS countries in SEA region, thus reference of experience and perspective in dealing with the ICRC's relationship is diverse The presence of ICRC in a country is regulated by MoU with the Ministry of Foreign Affairs The existence of NS is based on National Law which is undoubtedly posing as the host and territorial authorities for all related red cross activities in country This causes consequences that none of the red cross activities be carried out without acknowledgment or approval of the NS in its respective countries

Current Realities (1) The implementation of ICRC activities related to protection (especially detention visit) in a Region / Country occurs to applied strictly of “neutrality” without considering the culture, and local wisdom adopted by a nation Yet, there is frequently happening that ICRC’s activities are executed without prior consultation with the NS ICRC activities occasionally conducted are not in line with the local government policy. Yet, it will complicate the NS position toward the Government as well as community as generally known only the NS the red cross mandate holder in a country

Current Realities (2) ICRC occasionally running its activity individually without involving NS (case of Indonesia-Myanmar) Lack of communication and coordination, making NS less informed about the ICRC updates in country and posing NS in difficulty dealing with the government and other related stakeholder (case of Indonesia – Timor Leste) MoU of ICRC-Government in country: instead of the relationship with NS in the number so and so, some ICRC activities imprinted in a more substantial order (case of Indonesia) Lack of trust from Government (case of Indonesia)

Why need to be discussed in this forum? The SEA RCRC Leaders Meeting is not the SEA Movement Meeting. It has to be a forum for Leaders of the South East Asia Red Cross Red Crescent Leaders that aims to find- to formulate and to solve problems faced by its member as well as to improve its performance Reflection from the SEA Leaders meeting in 2012 in Myanmar, the issue raised about the ICRC-NS relationship in relevant with the ICRC activities and the NS problems facing in their territory particularly with its function and role as an "auxiliary to Government" This "topic forum " supposed to be addressed in the discussion session by the RCRC Leaders on how to create a harmonious working relationship between the NS and the ICRC

What should be done ? Mutual trust, respect on respective role and function between partners Understanding the position of NS that on certain circumstances should apply its policy and undertake its activities by reflecting its local culture and wisdom Intensifying communication and coordination in country Need to be articulated the statute of ICRC in particular article 5 into a descriptive understanding, likely Standard operation procedure

Looking Forward (1) Need to be formulated a clear SoP referred to the ICRC’s Statute Article 5 ~ Relations with other components of the Movement It is necessary to make regulations approved by the Government related to pattern of the interviews with the political prisoners, between ICRC and local Government involving NS It is necessary to stipulate in the MoU between the Government and the ICRC, issues related to the “Relations with other components of the Movement”. Particularly issues related to the ICRC’s system and mechanism working within the Movement Partners frame

Looking Forward (2) With the spirit of mutual understanding, trust and respect of respective role and mandates (Movement component) in country, and formulated with intensive communication and coordination platform, surely harmony partnership will be created in the framework of better performance

Terima Kasih ...

(draft) MOU: MoFA - ICRC

Press Cutting of weekly Mag, english version Tempo, 24 March 2013