The Humanitarian Charter

1. The Humanitarian Charter

2. Learning objectives • To identify key messages of the Humanitarian Charter • To demonstrate how the Humanitarian charter provides a framework for carrying out humanitarian work

3. What do we understand by“ Humanitarian Charter?”

4. Humanitarian Charter • It expresses agencies commitment to the their ethical obligations and reflects the rights of the people and their own duties as enshrined in international laws in respect of which states and other parties have established obligations. • It implies sustaining lives with dignity of those affected by calamities and conflict. • “ We reaffirm our belief in the humanitarian imperative - What is Humanitarian Imperative?(1/317)

5. Humanitarian Imperative?

6. The humanitarianimperative •To prevent and alleviate human suffering; to protect life and health (improve human condition); and to ensure respect for the human being •It implies a right to: receive humanitarian assistance and offer of humanitarian assistance •The humanitarian imperative implies : the respect of international humanitarian law and human rights and our ethical values.

7. The rationale “ What is/are the rationale for including something called the Humanitarian Charter in The Sphere Handbook ?” What will happens if we remove it? Ideas??

8. The rationale “ Humanitarian agencies committed to this Charter will aim to achieve defined levels of service for people affected by calamity or conflict, and to promote the observance of fundamental humanitarian principles.”

9. The core principles?

10. The right to life with dignity • The difference between combatants and on combatants • Non- refoulment

11. What is the Right to life with Dignity?

12. The right to life with dignity... “right to life, to an adequate standard of living , freedom from cruel, inhuman or degrading treatment/punishment.” “We understand an individual’sright to life entails 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” UDHR

13. Distinction between combatants and Non Combatants

14. Non Refoulment • No refugee shall be sent back where his life or freedom would be threatened on account of race, religion, membership of a social group or political opinion, or where substantial ground exist that she may be subjected to torture. UDHR

15. What are the main legal instruments that inform Humanitarian Charter?

16. Human Rights Humanitarian Law (IHL) Refugee Law Example of documentary source Core ideas Who has rights? Who has duties? When do they apply? The main legal instruments The Convention on the Status of Refugees The International Bill of Rights-UDHR The Geneva Convention The right to life with dignity Distinction between combatants and non-combatants Principle of non-refoulement Refugees, but not IDPs Noncombatants in conflict Everyone States where refugees reside States (legally) but everyone (morally) Warring parties Most always, some don’t in state of emergency Wherever refugees exist In armed conflicts only

17. Human Rights Instruments

18. The International Covenant on Economic, Social and Cultural Rights (1976) The International Covenant on Civil and Political Rights (1976) The IBR (ratified 1976) Human Rights: The International Bill of Human Rights The UN Charter (1945) The Universal Declaration of Human Rights (1948)

19. Universal Declaration of Human Rights “all human beings are born free and equal in dignity and rights: right to life, liberty, security, freedom etc” • See Hand out • 29 Articles

20. Additionnalhumanrightstreaties • Convention on the Prevention and Punishment of the Crime of Genocide (1948) • International Convention on the Elimination of all Forms of Racial Discrimination (1965) • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) • Convention on the Elimination of all Forms of Discrimination Against Women (1979) • Convention on the Rights of the Child (1989)

21. The International Humanitarian Law (IHL) or the Laws of War

22. The Geneva Conventions of 1949 • First Convention - on the care of the wounded and sick members of armed forces • Second Convention - on the care of the wounded, sick and shipwrecked members of armed forces at sea •Third Convention - on the conduct of combatants and the treatment of prisoners of war •Fourth Convention - on the protection of civilian persons and populations in times of war (duties and responsibilities of occupying power)

23. Applications of the Geneva Conventions •Apply in times of international conflict • Addressed to states - impose duties on states and warring parties • Provide the conditions for the delivery of humanitarian assistance and protection

24. Additionalprotocol II - Article 18Relief societies and relief actions “If the civilian population is suffering undue hardship owing to a lack of supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting party concerned”

25. The distinction between combatants and non-combatants... “Non-combatants are protected under international humanitarian law and are entitled to immunity from attack”

26. Internal armed conflict Article 3, common to the four Geneva Conventions refers to internal armed conflicts -“a mini Convention”In 1977, Protocol II, relating to the Protection of Victims of Non-International Armed Conflicts, was developed to further Common Article 3

27. In internal armed conflict a) violence to life and person, in particular murder of all kinds,mutilation, cruel treatment and torture;b) taking of hostages;c) outrages upon personal dignity, in particular, humiliating anddegrading treatment;d) the passing of sentences and carrying out of executions withoutprevious judgement pronounced by a regularlyconstitutedcourt, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

28. Refugee Law 1951 Convention on the status of refugees 1967 Protocol on the status of refugees 1969 OAU(Organisation of African Unity convention) 1984 Convention preventing torture and other cruel, inhuman or degrading treatment or punishment

29. Who is a displaced person? 1998 IDP guidelines IDPs are defined as those persons forced or obliged to flee from their homes,“…in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalised violence, violations of human rights or natural or human-made disasters, and who have not crossed an international recognised State border” - Francis Deng (1998)

30. SUMMARY Humanitarian Charter forms the edifice of the Sphere standards and reaffirms our commitment to Humanitarianism

31. 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.

32. Last Word “Sphere's specific standards in the provision of health care, water and sanitation, shelter, food security and nutrition translate people's rights into specific agency duties.” (Hugo Slim 2001) Emphasis by Sphere

33. BREAK!

34. MINI CASE STUDIES Humanitarian Dilemmas

35. Thank You