S3.1 session day 2 1 training delivered by Oxfam GB, RedR India and Humanitarian Benchmark; January 2012, Yangon, Myanmar approved by the Advisory Group members Humanitarian principles Minutes Legal framework, Red Cross Code of Conduct & The Sphere Project

Developing a session plan Text Dimension 24 Arial Position: Horizontal 5.44 Vertical 2.40 Text Dimension: 20 Arial 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

Developing a session plan 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 law Ensures all people have the rights and freedoms inherent in human nature Humanitarian law Distinguishes between combatants and non-combatants Refugee law Principle 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 What is the source of these laws? International humanitarian law (1890 – 1910): Hague law – means and methods of warfare (weapons, targeting etc) Geneva Conventions (+ 2 Additional Protocols) deal with protection of non-combatants, POWs , 1949, 1977 International human rights law (1966): International Bill of Rights comprised of two covenants: international covenant on civil and political rights, and international covenant on economic, social and cultural rights International refugee law (1951) Convention on the protection of refugee National law: All laws a country enacts on its territory

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

Developing a session plan 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

Developing a session plan 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

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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

Developing a session plan 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 group Fleeing 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 Who is responsible for any wrong ? International humanitarian law: Individual criminal responsibility, including command responsibility. Nuremberg trials, no longer a defence to claim “just taking orders” and commanders are responsible for subordinate’s International human rights law: After any violation, the government is usually compelled to change the law or the practice that allowed the violation to take place, and/or to pay compensation to victim International refugee law: State responsibility

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

Developing a session plan Codes code of conduct humanitarian charter rules and codes of organisations

Developing a session plan 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 Humanitarian Charter Core standards Protection Principles Standard 1 People centred humanitarian response Standard 2 Coordination and collaboration Standard 6 Aid worker performance Standard 5 Performance, transparency and learning Standard 4 Design and response Standard 3 Assessment 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

Developing a session plan 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 Discussion in groups Write down key points 10 minutes Task 1 Consider and discuss the aspects of your last response that were governed by customary law e.g. land ownership Discussion in groups

Developing a session plan Discussion in groups Write down key points 10 minutes Discussion in groups Write down key points Task 1 Discuss the meaning of the right to dignity? Discussion in groups

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 Objective 4 Humanitarian Accountability Partnership

Developing a session plan 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. Objective 4 Humanitarian Accountability Partnership

Developing a session plan IDP Guiding Principles 1998 : ‘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 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 36

Developing a session plan Main IDP principles Principle of equality before the law Principle of non discrimination Primary responsibility of the national authorities 37

Developing a session plan Discussion in groups Group 1Which principles do you find most important towards informing humanitarian action? Group 2 As well as Sphere and HAP which other tools do you use? Group 3How have you used Sphere and other tools to overcome project challenges? Present the key points of your discussion Discussion in groups Write down key points 20 Minutes

Developing a session plan Text Dimension 24 Arial Position: Horizontal 5.44 Vertical 2.40 Text Dimension: 20 Arial 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 Minimum Standards for Disaster Response The Sphere Project, 2011 The 2010 HAP Standard in Accountability and Quality Management HAP International, 2010 Code of Conduct for International Red Cross and Red Crescent Movement and NGOs in Disaster Relief ICRC, 1994