Legal framework, Red Cross Code of Conduct & The Sphere Project

1. Legal framework, Red Cross Code of Conduct & The Sphere Project

2. 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

3. What are the different types of laws that have an impact on humanitarian work? Objective 1 Legal framework • International humanitarian law • International human rights law • International refugee law • National law

4. Objective 1 Legal framework Human rights lawEnsures all people have the rights and freedoms inherent in human nature Humanitarian lawDistinguishes between combatants and non-combatants Refugee lawPrinciple of non-refoulement: refugee can’t be sent back to a country in which they are threatened International law

5. Where is the genesis of these laws? 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.gdeclarations, • Resolutions, principles (not binding, but can be powerful) • Customary law e.g slavery, torture, refugee refoulement RedR India

6. 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:

7. 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

8. 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

9. 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

10. 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 Why is law important?

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12. “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 Mandate of the ICRC

13. 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 Other key HR instruments

14. The humanitarian imperative comes first Aid is given regardless of race, creed, or nationality of recipient Aid will not be used to further political or religious standpoints Act not as instruments of government foreign policy Respect culture and custom Build disaster response on local capabilities Involve programme beneficiaries in the management of relief aid Reduce future vulnerabilities to disaster and meet basic needs Accountable to those you assist and those who resource you 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

15. Key principles of refugee law Refugees are persons fearing persecution due to: Race, nationality, religion or membership of specific social group 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

16. “…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” Mandate of UNHCR

17. 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 In conclusion...

18. code of conduct humanitarian charter rules and codes of organisations Codes

19. Draws from international law “Dignity” from human rights law “Distinction” from IHL “Non-refoulement” from refugee law The “SPHERE” Project

20. 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

21. 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

22. 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

23. Core standards essential to achieving all the minimum standards • Objective 3 The Sphere Project Humanitarian Charter Protection Principles Core standards Standard 1 People centred humanitarian response Standard 2 Coordination and collaboration Standard 3 Assessment Standard 4 Design and response Standard 5 Performance, transparency and learning Standard 6 Aid worker performance References and further reading

24. 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

25. How do laws and codes impact on our humanitarian work? How can they be used to improve our work? Discussion 5 mins

26. 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. A “Rights-Based Approach”

27. 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 Impact on programming

28. 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) Impact on coordination

29. 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

30. 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

31. “Soft” law: not binding A restatement of principles from international humanitarian law; international refugee law and human rights applied to situations of internal displacement. IDP Guiding Principles1998 : ‘Guiding Principles on Internal Displacement’

32. 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

33. Main IDP principles • Principle of equality before the law • Principle of non discrimination • Primary responsibility of the national authorities

35. 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