120 likes | 234 Views
The “Guidelines on the Use of Military and Civil Defence Assets in Disaster Relief” (Oslo Guidelines) UN Project DPR 213/3 MCDA. Adopted in 1994 following Spitak Earthquake, “Provide Comfort” and Rwanda Crisis Non-binding guidelines for States Provides a model legal framework
E N D
The “Guidelines on the Use of Military and Civil Defence Assets in Disaster Relief” (Oslo Guidelines)UN Project DPR 213/3 MCDA
Adopted in 1994 following Spitak Earthquake, “Provide Comfort” and Rwanda Crisis Non-binding guidelines for States Provides a model legal framework Natural technological and environmental disasters in times of peace Assume a stable state or government Consensus document Background
Oslo Guidelines pre-date MCDU MCDU provides the Secretariat for the Guidelines process for revision and update Guidelines are currently under revision to include guidelines for complex emergencies Authority for the development and advocacy of the guidelines is based on UN Charter and General Assembly Resolution 46/182 Role of UN OCHA
Article 1:The Purposes of the United Nations are: 1. To maintain international peace and security,… 2. To develop friendly relations among nations … 3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and 4. To be a centre for harmonizing the actions of nations in the attainment of these common ends. United Nations Charter
Terminology International disaster relief assistance (IDRA) ...material, personnel and services provided by the international community to a Receiving State to meet the needs of those affected by a disaster. It includes all actions necessary to grant and facilitate movement over the territory, including the territorial waters and the airspace, of a Transit State. It is exclusively humanitarian and impartial in character. It is based on the respect of the principle of the sovereignty of States and is executed without discrimination of any kind based on race, colour, sex, language or political or religious convictions.
Assisting State or organization A State or organization providing IDRA. Receiving State A State, which has requested or concurred with the offer of IDRA. Transit State Any State whose territory, including its airspace and/or territorial waters, are traversed for the delivery of IDRA.
Military and civil defence assets (MCDA) ... relief personnel, equipment, supplies and services provided by foreign military and civil defence organizations for IDRA. Further, for the purpose of this project, civil defence organization means any organization that, under the control of a Government, performs the functions enumerated in paragraph 61 of Additional Protocol I to the Geneva Conventions of 1949.
Relief personnel ... those individuals, groups of individuals, teams and constituted units executing IDRA. Relief supplies ... goods, such as survival items, temporary shelter, foodstuffs, medical supplies, clothing and other materiel required for IDRA. Relief services ... capabilities, arrangements and systems required to support and facilitate IDRA. They include inter-alia, logistics, telecommunications and air-traffic control.
At the request of, or with the consent of, the receiving state At no cost to the receiving state In support of local emergency management “Additionality/Complementarity” Needs-based, neutral and impartial Unarmed and in national uniform Principles for Use of MCDA
Key MCDA Tasks • Assisting State: • Declare the availability of MCDA for use in IDRA • Establish points of contact for mobilization and deployment • Prepare MCDA through training and develop the appropriate plans and agreements for support of stricken nations. Receiving State: • Issue request for IDRA to include acceptance of MCDA • Execute MOU or exchange of letters for status of forces • Inform national authorities and organizations • Support within capacity
Art.105 UN Charter: MCDA personnel = “experts on mission” may be granted Open questions (in complex emergencies): “expert on mission” status not confirmed identification and marking definition of MCDA mission freedom of movement MCDA and Legal Status
The Oslo Guidelines are an international treaty and have the force of law. The authority for the Oslo Guidelines is the UN Charter and GA Resolution 46/182. The current Oslo Guidelines cover natural disasters and complex emergencies. All forces deploying on IDRA missions are required to be armed. Everyone knows about the Oslo Guidelines. Quiz: True or False