The Humanitarian Charter and the Rights - Based Approach

1. The Humanitarian Charter and the Rights - Based Approach 1.2

2. Objectives of this Session • Introduce the core principles found in the Humanitarian Charter (HC) and the international legal instruments on which they are based • To explain the meaning and hierarchical relationship of the: • Sphere Standards • Indicators and • Guidance Notes

3. The Humanitarian Charter is based on 3 essential principles: 1. The Right to Life with Dignity 2. The Distinction Between Combatants and Non-combatants 3. The Principle of Non-Refoulement (please see page 17 of the 2004 Edition)

4. 1. HUMAN RIGHTS LAW • The Right to Life with Dignity • “We understand an individual’s right to life to entail the right to have steps taken to preserve life where it is threatened, and a corresponding duty on others to take such steps. Implicit in this is the duty not to withhold or frustrate the provision of life-saving assistance” (please see page 17 of the 2004 Edition)

5. Human Rights: The International Bill of Rights (IBR) The UN Charter (1945) The Universal Declaration of Human Rights (1948) The International Covenant on Economic, Social & Cultural Rights (1966) The International Covenant on Civil and Political Rights (1966) Collectively known as the The IBR

6. 2. HUMANITARIAN LAW • The Distinction between Combatants and non-combatants • “Non-combatants are protected under international humanitarian law and are entitled to immunity from attack” (please see page 17 of the 2004 Edition)

7. International Humanitarian Law IHL, applies the laws of war, during armed conflict and seeks to: • Regulate the conduct of hostilities (Law of the Hague, since 1907) • Protect persons not, (or no longer) taking part in hostilities (i.e. civilians) (Law of Geneva, since 1864) • Save lives and alleviate suffering of those combatants and non-combatants during armed conflict

8. The Four Geneva Conventions of 1949 • First Convention on the care of the wounded and sick armed forces • Second Convention on the care of the wounded, sick and shipwrecked members of armed forces at sea • Third Convention on the treatment of Prisoners of War • Fourth Convention on the protection of the civilian population

9. 3. REFUGEE LAW The Principle of Non-Refoulement • “…no refugee shall be sent back to a country in which his or her life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion; or where there are substantial grounds for believing that s/he would be in danger of being subjected to torture” (please see page 17 of the 2004 Edition)

10. 1951 Convention Relating to the Status of Refugees A refugee is someone who: • is outside his/her country of origin • has a well-founded fear of persecution, because of race, religion, nationality, membership of a particular social group, political opinion, • and who is unable or unwilling to avail him/herself of the protection of that country, or to return there, for fear of persecution

11. Who is not a refugee? excluded from status: • e.g. someone who has committed a crime against peace, a war crime or a crime against humanity • who has committed a serious non-political crime, prior to admission

12. The Principle of non-refoulementarticle 33 • No contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontiers of the territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion.

13. EXERCISE Fill in the blanks on the chart

14. The main legal instruments Human Rights Humanitarian Law Refugee Law Example of Documentary Source Universal Declaration of Human Rights The Geneva Conventions The Convention on protection of refugees Core Ideas The distinction b/w combatants and non-combatants The right to life with dignity Principle of non-refoulement Non-combatants in conflict Refugees, but not IDPs Who has rights All people Who has duties? States (legally) but everyone’s (morally) Warring parties States where refugees reside Most apply always, some don’t in states of emergency When do they Apply In armed conflicts only Wherever refugees exist

15. The Sphere Project HUMANITARIAN CHARTER … and Minimum Standards in Disaster Response

16. Handbook Structure Common Standards Chapter Water & Sanitation Minimum Standards Food & Nutrition Shelter & Settlement Indicators Health Guidance Notes Humanitarian Charter Code of Conduct

17. Water supply standard 2: water quality What is a minimum standard ? Water is palatable, and of sufficient quality to be drunk and used for personal and domestic hygiene without causing significant risk to health • A universal, qualitative, statement about what is necessary Drinking dirty water in Eastern Chad July 20, 2004. (Newsday / Jiro Ose) (please see page 66 of the 2004 Edition)

18. What is an indicator? A signal or tool to measure aspects of situations, programs, or procedures: particularly Participation, Process, and Outputs (please see page 69 of the 2004 Edition)

19. Guidance notes • Disseminate experience, illuminate areas of controversy and help use indicators properly. How will people use relief materials, what kinds of problems will there be? (please see page 70 of the 2004 Edition)

20. In Summary….. The Humanitarian Charter is about principles and values based on an appreciation of all people’s rights, based on existing international law - These principles are made “practical” by… Standards - that are universal, open to interpretation, and applicable in any situation - These standards are made “measurable” by… Indicators - that allow direct observation and comparison against a baseline situation that may be either quantitative, qualitative, or process-based. - These are further clarified and related to context by… Guidance notes - that show specific ways of carrying out procedures in field conditions.

21. Sphere Humanitarian Charterand Minimum Standards--- So what? • Advocate for rights of affected populations • Advocate for non-return of refugees • Use indicators to plan immediate humanitarian aid • Use standards to guide immediate assessment • Code-of-conduct (HC) to guide humanitarian response in the midst of political discussion (humanity, impartiality) • Determine type and amount of humanitarian assistance required

22. Your notes and tabs Humanitarian Charter - rights based approach Standards and indicators- experience- -based approach • 1 set of common standards • 4 technical chapters YOUR BOOK

23. The Humanitarian Charter…….p. 16 The Code of Conduct………….p. 317 Acronyms ……………………….p. 328 The index………………...………p. 332 Getting ready... Find and mark these sections in your book with a tab to help you in your future work using Sphere :

24. Now you are ready.