Humanitarian Negotiations in Complex Emergencies Presented by: WHO Health Action in Crisis Pre-Deployment Training Geneva, 26 November – 8 December 2006 and

30 November Objectives 1. Present structured approach to humanitarian negotiations (the “what” and “how”) 2. Highlight key principles of humanitarian negotiations 3. Explore techniques for humanitarian negotiation (more on “how”) 4. Highlight opportunities and resources for further learning and training 5. Stimulate discussion and exchange of ideas

30 November Case: Neutrality of Humanitarian Facilities Hut Food warehouse H

A Structured Approach to Humanitarian Negotiations

30 November Humanitarian Negotiations l Negotiation – n Arrive at an agreed outcome –Where parties are not in complete accord to begin with! n Communication and relationship building l Purposes of humanitarian negotiations: n Ensure the provision of humanitarian assistance and protection to vulnerable populations n Preserve humanitarian space and n Promote better respect for international law NEGOTIATION IS ABOUT INFLUENCE NOT CONTROL

30 November Humanitarian Negotiations: Motivations and Partners l Knowing when to adopt a more cautious approach l Being clear about reasons for negotiating n Focus on HUMANITARIAN OUTCOMES n Separation of political- and humanitarian negotiations l Learning about the other party n Motivations; Structure; Principles of Action; Interests; Constituency; Needs; Cultural and Ethnic Dimensions; Control of Population and Territory l Humanitarian partners in negotiations n Coordinating approach n Agreement on process and intended outcomes

30 November Framing the Negotiations l Framing components n Humanitarian principles n Elements of international law n Humanitarian policies l Three phases n nine-steps for humanitarian negotiations

30 November Boundaries and Framing Components for Humanitarian Negotiations l Humanitarian Principles n Humanity, Neutrality, Impartiality n Operational Independence, Participation, Accountability … l Humanitarian Policies l Elements of International Law n International Humanitarian Law –E.g. Four Geneva Conventions of 1949 n International Human Rights Law –E.g. Convention on the Rights of the Child n International Criminal Law –E.g. Rome Statute of the ICC How can these components ‘frame’ humanitarian negotiations ?

30 November Humanitarian Principles, Policies Assist in framing the negotiations by … l Providing guidance on HOW negotiations can be undertaken l Defining boundaries within which to seek agreement l Providing criteria for developing options

30 November Elements of International Law Assist in framing the negotiations by … l Defining boundaries within which to seek agreement l Defining the legal obligations of parties to a conflict and other groups l Identifying the substantive issues for negotiation l Providing benchmarks for developing options and monitoring implementation l Providing incentives to negotiate

30 November PREPARATIONPREPARATION SEEKING AGREEMENT IMPLEMENTATIONIMPLEMENTATION Negotiation: Three Phases

30 November Page 51 of Manual

30 November Three Phases of Humanitarian Negotiation Phase I – PREPARATION STEP I: COORDINATE APPROACH WITH HUMANITARIAN PARTNERS STEP 2: DECIDE ON OBJECTIVES AND STRATEGY STEP 3: LEARN ABOUT, ANALYZE YOUR NEGOTIATING PARTNER Phase II – SEEKING AGREEMENT STEP 4: BUILD CONCENSUS ON THE PROCESS OF NEGOTIATION STEP 5: IDENTIFY THE ISSUES STEP 6: DEVELOP OPTIONS STEP 7: WORK TO SEEK AGREEMENT ON OPTION THAT BEST MEETS THE HUMANITARIAN OBJECTIVES Phase III – IMPLEMENTATION STEP 8: DEFINE CRITERIA FOR IMPLEMENTATION STEP 9: FOLLOW-UP: MONITORING AND RELATIONSHIP BUILDING

30 November Page 51 of Manual

30 November Neutrality of Humanitarian Facilities Hut Food warehouse H

Assisting the PROCESS of Negotiation: The Interest-Based Approach

30 November Arm Exercise l Pair Up l Objective: n Get as many points for yourself as possible l Rules: n No talking n One point for each touch of their hand to the table n 20 seconds

30 November

30 November Guidelines for Negotiation l Clarify INTERESTS Not Positions n Ask why?, why not? n Capitalize on joint interests, reconcile differing interests n Look to CRITERIA and creative OPTIONS to deal with conflicting interests l Invent OPTIONS for Mutual Gain n Separate inventing from deciding n Generate options through “brainstorming” –no evaluation, no commitment, no attributions

30 November Guidelines for Negotiation (cont …) l Use CRITERIA to Help Evaluate Options n Look to humanitarian principles and elements of international law as objective criteria n Ask “Why is that objective/fair?” n Use the test of reciprocity

Role Play: Humanitarian Access

30 November Role Play l Example from UNICEF PATH learning system l Identify issues l Negotiating with armed group 1. Small groups at your table 2. Discuss approach and use of framing elements / interest-based approach n Focus on Diagnosis and Prescription 3. Nominate one spokesperson to participate in “fishbowl” exercise

30 November PREPARATIONPREPARATION SEEKING AGREEMENT IMPLEMENTATIONIMPLEMENTATION Negotiation: Three Phases REVIEW

Review of Key Principles

30 November Key Principles Humanitarian Negotiations - I PRE-NEGOTIATION CONSIDERATIONS 1. Humanitarian negotiation with armed groups can often be a HUMANITARIAN NECESSITY 2. Humanitarian negotiations focus on humanitarian OUTCOMES 3. Humanitarian negotiations DO NOT CONFER LEGITIMACY on the other party (Government / armed group etc.) STRATEGIC CONSIDERATIONS 4. Negotiation is about INFLUENCE, not control 5. Your counterpart is your PARTNER in the negotiations 6. Keep political- and humanitarian negotiations separate

30 November Key Principles Humanitarian Negotiations - II “BIG PICTURE” CONSIDERATIONS 7. A COORDINATED APPROACH among humanitarian partners is essential 8. Humanitarian principles, policies and elements of international law FRAME humanitarian negotiations 9. Humanitarian principles, protections and international law cannot be negotiated 10. Keep the end OBJECTIVES clearly in sight!

30 November Contact Information l This Briefing / Humanitarian Negotiations General / UN Manual  l Advanced Training on Humanitarian Negotiations  Gerard Mc Hugh Conflict Dynamics International, Inc. 111 Rice Street Cambridge, MA 02140, USA Ph: +1 (617) Fax: +1 (617) Cell: +1 (617) Manuel Bessler Policy Development and Studies Branch (PDSB) Office for the Coordination of Humanitarian Affairs (OCHA) United Nations New York, NY 10017, USA Phone: +1 (212) Fax: +1 (917) Gerard Mc Hugh Jim Tull Conflict Dynamics International, Inc. 111 Rice Street Cambridge, MA 02140, USA Ph: +1 (617) Fax: +1 (617) Cell: +1 (617) Ruth Allen Program Officer Civil Society and Conflict Management Team Mercy Corps 9 Waterhouse Street Cambridge, MA Ph: x130 Fax:

Additional / Reference Slides

30 November Negotiating on Specific Issues l Negotiation and 2 inter-connected dimensions of humanitarian action n Assistance n Protection l PROTECTIONS AFFORDED TO CIVILIANS CANNOT BE NEGOTIATED! (cannot negotiate international law!) n Approaches, activities, strategies can be negotiated l Humanitarian negotiations generally touch on several issues (in one round of negotiations) l Specific examples n Ground Rules n Humanitarian Access n Protection of Civilians

30 November Guidelines for Negotiation (cont …) l Make COMMITMENTS At the End of the Process n Talk first, decide later n No commitments until interests and options are fully explored n Think of how, as well as what n Give them a stake in the outcome by including them in the process l Know your Best Alternative To a Negotiated Agreement (BATNA) n Evaluate their BATNA n Reality-Test both BATNAs

30 November Guidelines for Negotiation (cont …) l Facilitate Good Two-Way COMMUNICATION n Listen actively and inquire n Balance advocacy with inquiry n Explain our reasoning, inquire into theirs n Frame what we say in light of what they will hear l Separate the People from the Problem n Deal with the RELATIONSHIP and the substance each on its own merits n Attack the problem, not the people n Use people techniques to deal with people problems