Key Benefits:
Plenary Assembly of 12 February 2015
(Adoption unanimously)
1. At the initiative of the Secretary-General of the United Nations, the World Humanitarian Summit will be held in May 2016 in Istanbul (i). The first global humanitarian summit will aim to define the "post-2016 work goals that will make humanitarian action more effective, inclusive and comprehensive" (ii).
2. The preparatory process for the Summit is part of an approach to hear all stakeholders on several themes (iii). The CNCDH, whose mandate covers human rights, international humanitarian law and humanitarian action, has decided to contribute to the reflection on the issues of the Summit and more specifically on the last topic relating to the "needs of people in conflict". This notice is intended not only to support the French diplomatic position but also to contribute to the forthcoming regional and thematic consultations in the preparation of the Summit (iv).
3. The CNCDH is focused in its opinion on what it wants the Summit to reaffirm: the universal core values of the IHL and the principles of humanitarian action. It draws attention to a number of concrete aspects of these " fundamentals". The Summit must be an opportunity for all actors to make clear commitments to the effective implementation of international humanitarian law and to full respect for humanitarian principles. These principles are the guarantors of the effectiveness of humanitarian aid and therefore of the protection of populations.
4. From the early stages of the World Summit process, it appears that the first demand for persons facing armed conflict or other situations of violence is security. To the extent that human security does not only mean the protection of fear, but also the protection of need (v), humanitarian action must be seen as an essential element of the protection of people.
5. Humanitarian action aims to "respond urgently to a needs-based response in order to protect lives, to prevent and mitigate human suffering and to preserve human dignity, whenever the need is felt" (vi).
6. In the light of the specificities of armed conflict, the CNCDH wished to focus on the issues that these situations raise. It intends to cover both international and non-international armed conflicts and other situations of violence in this context (internal disturbances, internal tensions). In all these contexts, violence results from an intentional fact, which can lead to particular difficulties for humanitarian action.
7. The Humanitarian Summit is held at a time when the actors face a context of intensifying and increasing conflicts, with very heavy human (vii) and even generational (viii) consequences. If this Summit must have a meaning and not appear undesirable or "displaced" in view of the dramatic situation in which many people are now victims directly or indirectly of conflict situations (ix), it must focus on finding concrete solutions to safeguard and improve humanitarian action.
I. - The summit should reaffirm the "basic" for the protection of persons in armed conflict and other situations of violence
8. In times of armed conflict, warring States and non-State armed groups have the primary responsibility to protect the populations in their territory or under their control and to meet their needs. However, they are not always able to fulfil their obligations or may not be willing to act to provide the proper humanitarian response. They must then, in times of armed conflict, consent to "humanitarian and impartial relief actions" (x). Humanitarian action must be exercised in accordance with the humanitarian principles of humanity, independence, neutrality and impartiality.
A. - The pivotal role of international humanitarian law
9. CNCDH recalls that the effective implementation of international humanitarian law (DIH) contributes to ensuring respect for human life and dignity in times of armed conflict. The non-respect of the IHL by the belligerents, as well as international human rights law, has an impact on the "human assessment" of an armed conflict (killed, wounded, maimed, displaced, refugees...).
10. The parties to an armed conflict have an absolute obligation to spare persons who do not or more directly participate in hostilities (xi), under the absolute immunity they receive. According to conventional and customary IHL, such persons must in no way be attacked or targeted by the parties to the conflict and should not be placed in a situation where they will necessarily be affected. They should not be used as a human shield or taken hostage in the strict and broad sense. CNCDH draws attention to the case of persons forced to travel or blocked in areas rendered inaccessible.
11. The Summit should therefore be concerned about improving the implementation of the IHL by all parties to the conflict and calling for the strengthening of the IHL control mechanisms. The prevention of IHL violations at the national level - with the adoption of legislation in accordance with IHL and the means to enforce it - and the fight against impunity for IHL violations should be explicitly reaffirmed as essential factors to improve the protection and protection of persons in armed conflict.
12. It should also be recalled that human rights are intended to apply in all circumstances, particularly in other situations of violence that are not described as an armed conflict within the meaning of the IHL and are therefore excluded from its scope. In these contexts, basic considerations of humanity must always prevail (xii).
B. - Respect for humanitarian principles should be at the heart of the global humanitarian summit
13. The CNCDH considers that respect for the humanitarian principles of humanity, impartiality, independence, neutrality (hereafter, the humanitarian principles), as set out fifty years ago by the international movement of the Red Cross and Red Crescent and to which have acceded from the main actors of the humanitarian community (xiii), is a sine qua non condition of the effectiveness of humanitarian action, by giving it all This respect should be central to the discussions and outcomes of the World Humanitarian Summit.
1. Humanity principle.
14. In the first rank of humanitarian principles, the principle of humanity (xiv). It is at the root of the IHL and is the very essence of humanitarian action, its most intrinsic motivation, while the other principles are rather imperatives keeping in mind how to design and implement this action. The principle of humanity translates into an unconditional aid and expresses the absolute need to relieve and preserve human beings from suffering. Humanitarian actors are "to listen to suffering humanity" (xv). The decision to act, at the humanitarian level, is based on an individual and collective consciousness of the primacy of human life and on constant vigilance. In this sense, this principle reflects humankind, through its most essential and universal virtues of solidarity, compassion and altruism (xvi).
2. Principle of impartiality.
15. The principle of impartiality requires that humanitarian assistance be based solely on the needs of individuals, regardless of their affiliation with a people, nation, or party to the conflict. The HRD therefore provides that the assistance provided must be impartial and that the provision of humanitarian assistance must be made by impartial humanitarian organizations (xvii). The principle of impartiality is complemented by the refusal of any discrimination based on ethnicity, religion, gender, political opinion, etc. Under this principle, the most vulnerable groups (women, children, the elderly, persons with disabilities) must be given special attention.
3. Principle of independence.
16. The principle of independence is opposed to any form of political, military, ideological or economic influence in humanitarian action. This principle must allow any humanitarian organization to make its strategic choices independently against political, economic or military actors.
4. Principle of neutrality.
17. The principle of neutrality implies total autonomy vis-à-vis either party to an armed conflict, or either of the ideologies or military strategies defended by the parties. Conducting a humanitarian action by solidarity with a party, rather than because of the real needs of people, is thus a lack of neutrality.
18. These four major humanitarian principles underpin humanitarian action and irrigate both object, purpose and meaning. They irradiate all aspects of humanitarian action: its nature, its deliverance and the actors involved. Their respect, by aid actors as well as by conflict parties and substantive donors, is imperative.
19. These principles are closely interrelated or interdependent and must therefore be respected together. Their respect is measured in action by the adoption of a behaviour that is consistent with them. It makes it possible to gain the confidence of the parties to the armed conflict and the civilian populations, essential for the delivery of assistance and the protection of persons. As confirmed by the European Union, "this principle-based approach is essential for the EU, and humanitarian aid actors in general, to be accepted and able to operate on the ground in often complex political and security contexts" (xviii).
20. The Summit must emphasize the universality of these principles. The general movement of globalization should not be accompanied by a retreat on local particularisms, but on the contrary by a recognition of the universality of values, which base the IHL, and the principles of action.
II. - The summit should lead all stakeholders to take stock of the concrete implications of humanitarian principles
21. Access to populations and protection of humanitarian personnel are central parameters of humanitarian assistance and the protection of populations. They will be considered after referring to the concept of need. The roles of the various actors in humanitarian action will be addressed in fine, especially in the context of the necessary prerequisites to avoid politicization of humanitarian assistance.
A. - The need for humanitarian action
22. The concept of need is included in the provisions of the IHL on assistance. It is linked to the survival and preservation of human life. Firstly underlying in the 1949 Geneva Conventions, it became more prevalent in the Additional Protocols of 1977 (xix).
23. The question of the provision of aid to populations could therefore not suffer from considerations that distance it from its primary purpose: to save lives by meeting vital needs. Needs, as identified in independent evaluations, are the most accurate objective and quantifiable criteria to justify humanitarian action in the territory of a third State. However, in situations of armed conflict, persons awaiting such assistance are often located in particularly dangerous and difficult areas of access, having fled or trapped the fighting. The more isolated and difficult to reach and the more important their needs are. The Summit should therefore recall this primary objective and propose concrete solutions to enhance access to these people (see below).
24. If needs are the reason for humanitarian action, the implementation of humanitarian action must be based on the rights of the persons concerned. Indeed, as the CNCDH has pointed out on several occasions (xx), each victim must not only benefit from humanitarian assistance, but must also be regarded as a rights holder who must be guaranteed by all those who are in power or control of a territory. The place of human rights in the different phases of humanitarian action must therefore be strengthened.
B. - Access: a fundamental element of humanitarian action, strongly dependent on effective respect for humanitarian principles
25. Humanitarian assistance to populations inherently involves access to humanitarian aid and services, such as access to the people who provide it to these populations. Respect for IHL as humanitarian principles requires that all necessary measures be taken on the side of humanitarian actors, such as the state or non-state armed groups, to promote access to aid and humanitarian personnel to those who need it.
26. According to Rule 55 of the ICRC Study on customary IHL applicable to international and non-international armed conflicts, "the parties to the conflict must authorize and facilitate the rapid and uncomplicated passage of humanitarian relief to civilians in need" (xxi), including the populations of the party considered to be enemy.
27. The Humanitarian Summit could go further by expressly recognizing the right of persons to receive effective humanitarian assistance from them.
28. Access to populations includes the provision of material assistance to populations and the access of humanitarian workers to them. Without the latter, there would be no provision of assistance. It is self-evident, as the conditions of rule 55 mentioned above, that this humanitarian access concerns only the " impartial" humanitarian assistance provided without any distinction of an unfavourable character." Similarly, the status of humanitarian personnel can only concern actors who have a truly humanitarian activity, that is, in accordance with basic humanitarian principles and with no other objective than exclusively humanitarian. The actors who claim to be humanitarian without applying the corresponding fundamental principles would only distort the image of humanitarianism, with serious consequences. Indeed, if a party to the conflict, or part of the affected population, considers humanitarian aid actors to be at the service of a policy, humanitarian access can become very difficult, if not impossible, and the insecurity of all humanitarian actors can therefore increase.
C. - Humanitarian personnel: the necessary recognition of special protection
29. Respect for humanitarian principles, both by humanitarian actors and by belligerents, is crucial for the protection of humanitarian personnel, which is crucial for the protection of civilians and the access of humanitarian workers to populations and populations for humanitarian assistance (xxii).
30. However, as noted by the CNCDH in its opinion on the respect and protection of humanitarian workers on 22 May 2014, "there is no international status specific to humanitarian personnel valid in all circumstances. However, protection standards specific to certain situations, certain types of conflict, and certain personnel, depending on the mission they exercise ", "this protection may vary according to the activity (medical or non-medical) and the employer organization (emergency society or not)".
31. However, the ICRC's study on customary IHL mentioned in Rule 31 that "humanitarian relief personnel must be respected and protected" regardless of the international or non-international character of the conflict.
32. The CNCDH therefore recalls its recommendations to strengthen the protection of humanitarian personnel provided by the IHL, as set out in its opinion of 22 May 2014. In particular, it requests that a specific international status be recognized to humanitarian personnel, beyond the provisions of the IHL that apply to their particular situation. The Summit should lead to the proposal for such status.
33. Of course, humanitarian personnel must respect the sovereignty and law of the State in whose territory they operate. Similarly, when he is a national of another State, he remains subject to the laws of the latter. Nevertheless, the impact on humanitarian action the submission of the security rules posed by States is problematic.
34. Furthermore, the drastic security measures that humanitarian actors sometimes have to submit to protect their employees can hinder the effectiveness of humanitarian assistance in the most dangerous areas, where often the situation most strongly corresponds to the raison d'être of their mission. The danger can often be explained by the particular targeting of which these actors are the subject of by armed groups, itself caused by a misunderstood of the humanitarian aid mission or the deliberate will to isolate and take the population hostage. Again, the dissemination and effective respect of the principles are therefore essential.
35. The Summit should make this subject one of its major axes, as it is consubstantial to the very existence of humanitarian aid and essential to its effectiveness.
D. - Some essential conditions to preserve the humanitarian action of any politicization
36. The preparatory document for the European regional consultation recognizes that "the debate on humanitarian principles has been entangled in the debate on the integrated UN peacekeeping and peacebuilding missions, as well as the increasing complexity of the political environment, including the politicization of humanitarian assistance and the re-emergence of a strong emphasis on national sovereignty in humanitarian emergencies" (xxxiii).
37. CNCDH would like to deepen the analysis in order to learn from the practice of humanitarian action in recent decades and its impact on principles.
1. The challenge: humanitarian action, now perceived as a component of international relations.
38. After the end of the cold war and bipolarization, the world has seen a new type of non-international conflicts develop. They have generated a strong emotion in the opinion and the media, as well as a rise in the power of humanitarian action, but also a change in the perception it was subjected to. This geopolitical evolution has also led to a change in crisis management, which in turn has had an impact on humanitarian action.
39. Conflicts, in which the civilian character of the population seemed to collapse behind their ethnic, linguistic, clanic and/or religious affiliation, led to the fleeing of millions of people, swelling the number of refugees and internally displaced persons. More and more people have been in demand for full and sustainable care. Thus, material assistance has become the visible face of the protection of persons, while the media echoed their suffering and violations of their immunity. At the same time, in the eyes of some belligerents, humanitarian action became the way of preserving the "enemy" population, whereas the opinion saw rather an action for the benefit of the "good" people. The two aspects were to reverse the idea of neutrality.
40. Moreover, the Security Council, reactivated by the de facto disappearance of the veto, stated that the threat to humanitarian aid was a "threat to peace". And, for each crisis, he created a peacekeeping force, whose mandate, much more powerful than during the cold war, would include missions to protect humanitarian convoys, besieged cities, and finally the entire civilian population. Thus a physical protection - sometimes effective, but also marked with failures - was profiled in the common representation of the protection, still contributing to saving the image of impartiality. Then, ethnic conflicts posing the problem of the very existence of the State, the Security Council and, more broadly, the international community put in place more comprehensive crisis management procedures: peacemaking, and peacebuilding by consolidation of the State. In these long processes, often still conflicting, the international community aligned itself with the state, through stabilization forces, while the situation called for the extension of humanitarian action.
41. These developments have led to the complexity of the actors' landscape. On the one hand, the importance of humanitarian assistance led to a need for coordination, which led - with the Under-Secretary-General for Humanitarian Affairs, the Office for the Coordination of Humanitarian Affairs (BCAH/OCHA), and the Clusters - to the rise of the United Nations' place in humanitarian action. On the other hand, the scale of material benefits in humanitarian action led to the growing role of donors, sometimes represented for the financing of humanitarian assistance by specific services (e.g. ECHO). But the financing of reconstruction and development became, in the eyes of donors, in the support of peace, during what was emergency action at the peak of crisis and in early recovery. Finally, on the ground, the United Nations sometimes deployed, in support of the state, still fragile and in reconstruction, "integrated missions" bringing together political, humanitarian (e.g., UNHCR) and even military branches of the organization. It was then the problem of the independence of humanitarian action.
42. The CNCDH does not hear this reminder of a historical link as a condemnation. She welcomed the considerable efforts that had been made, but did not fail to emphasize that lessons should be learned for the future. This is all the more important because new configurations and actors are in place. Some elements that date back to the process of the World Humanitarian Summit reveal some elements that go, again, in the sense of a less favorable approach to humanitarian independence from international political issues. It reads the idea that it is necessary to treat "also" the belligerents, which reveals a false appreciation of the impartiality in which the identification of needs would fade. It can also be read that humanitarian action should take into account peace arrangements and adapt to the new configuration of the parties. This is to consider humanitarian action not in favour of people, but in favour of the parties to the conflict.
2. The lessons learned.
43. Humanitarian action takes place in contexts where many actors evolve, whose aims are diverse by their nature (states, international governmental and non-governmental organizations) and their activities (actors of development, peacekeeping and peacebuilding). In order to avoid the "politicization" of humanitarian aid - by using this aid for political, economic or military purposes, or by a Manichean approach to the context, possibly fed by a media atmosphere - certain precautions must be respected by the various actors involved in situations of armed conflict or other situations of violence.
a. Distinguish the humanitarian response of crisis management.
44. The coexistence of different entities in conflict theatres implies a necessary distinction between roles and mandates in order to preserve the humanitarian space conducive to neutral and impartial assistance.
45. Thus, if it is legitimate for States to propose and provide assistance to victims in the various crises resulting in humanitarian consequences, they cannot, because of their political role, avail themselves of humanitarian principles. When states provide emergency relief and assistance to people, the assistance provided is, if not necessarily, put to the service of a political objective, at least, likely to be perceived as such. They must thus show restraint in the vocable used and in the postures adopted to avoid any amalgam politicizing the field of humanitarian action. Action for the protection of civilians under the responsibility to protect must also be distinguished from humanitarian action.
46. Similarly, if the security of a territory must be ensured by the armies of the States - often on the mandate and flag of an international organization such as the United Nations - and even if it is intended to facilitate the delivery of aid, its primary mission is another. The confusion of the two missions in the hands of the armies is neither desirable nor frequent. In addition, State civil protection services, if essential to responding to the consequences of complex natural disasters, can also be unadapted in the face of humanitarian emergencies related to armed conflict.
47. In addition, States must admit that in order to carry out their mandate and negotiate access to populations in particular, humanitarian NGOs have no choice but to "talk with everyone" and especially with all parties to the conflict, both state and non-state. The contacts with the latter - even if they can indisposal the public authorities - have nothing to collusion with the enemy or to support terrorism. In the adoption or implementation of national counter-terrorism measures, the authorities should therefore not compromise a dialogue conducted exclusively for humanitarian purposes. The Summit should thus explicitly oppose any form of "criminalization" (xxiv) of humanitarian aid (xxv), and whatever the objective pursued.
b. Avoid confusion of mandates.
48. If the dialogue is necessary between all actors involved in a crisis field and if a holistic and integrated approach in the response to "crisis" can be desirable, it should not lead to the mix of roles. Everyone must thus remain in his mandate, respect that of others and interact with them in full transparency. The special expertise of humanitarian actors on conflicts and context analysis is valuable and can feed on medium- and long-term actions to avoid the repetition of such conflicts. However, if it is essential that they can have the opportunity to interact with all the actors involved in neighbouring fields - conflict prevention and resolution, peace negotiations, development - they cannot be involved in the various parallel processes - political and military - that are played in the context of conflicts.
49. Over the past few decades have been marked by the increasingly common use of the "integrated missions" of the United Nations as responses from the international community to complex crises, with the aim of cohesion and coordination of the various branches of the United Nations. These missions gather under the same direction activities in the areas of humanitarian, political and diplomatic, human rights, and sometimes military. They pose complex challenges to humanitarian action, which is in fact mixed with activities that do not meet the same principles and objectives. Humanitarian NGOs acting in connection with the United Nations can thus be assimilated to the people ' s eyes to peacekeeping operations. This may result, in some cases, in the danger of humanitarian actors and may be an obstacle to access to populations.
50. It is essential that the World Humanitarian Summit, of which the United Nations is the initiators and organizers, address the role of humanitarian in integrated missions and calls for strict and systematic implementation of existing guidelines (Policy on Integrated Assessment and Planning) (xxxvi). Within these missions, the "humanitarian branch" must be preserved in integration, thus protected from any political character linked to the organization, and with a distinct visibility thus ensuring the cohesion of humanitarian action.
51. NGOs themselves must ensure that their humanitarian mandate is protected, especially when it is only a facet of a broader mandate, including development activities (development of local capacities in the field of health, education, agriculture, etc.) and activities supporting social change. If these organizations choose to develop a comprehensive and ongoing approach, they must be attentive to the risks of contradiction that their multiple mandate entails. Given the multiplicity of multi-mandated organizations in the field of emergency and development, these organizations should undertake extensive and proactive work to raise awareness of humanitarian principles within the humanitarian component of their mandate (xxxvii).
52. Similarly, they should carry out permanent internal work in order to find the best balance between different imperatives in a given operational situation, the essential being to remain in all circumstances faithful to humanitarian principles. This requirement may lead NGOs to question the potential impact of their possible denunciation of IHL violations or human rights of which they may be witnesses. Several have already openly considered the line of conduct to be adopted in such cases.
c. Establish partnerships in accordance with principles.
53. The crucial role played by national NGOs (xxviii), and national actors in general, is increasingly recognized and accepted by all actors. This evolution of the humanitarian sector is largely reflected in some of the regional consultations of the Summit. This role is real and must be strengthened (xxix). Indeed, the fine knowledge of contexts, and the means in personal, equipment, etc., that national actors can bring, is essential for the identification of needs and effectiveness of aid. Nevertheless, the involvement of national NGOs can sometimes put international NGOs in a difficult position when they want to prevail the principles of impartiality, neutrality and independence. Their involvement can also expose them to increased insecurity. It is therefore important that humanitarian action be, to the extent possible, the fruit of a partnership.
d. Guarantee respectful funding of humanitarian principles.
54. Humanitarian actors must make their operational decisions and guide their actions in accordance with humanitarian principles. These decisions include those relating to the financing of their actions. On this point, it is desirable that the choice of the source of funding should take into account the principle of independence.
55. Donors also have an important responsibility to respect humanitarian principles. Interesting initiatives have emerged in recent years to include donor action in accordance with humanitarian principles (xxx). They must be continued to ensure that available funds are used as required.
56. Institutional donors (governments, the United Nations, the European Union) in particular have increased responsibility under the IHL and the commitments they can make (for example, within the framework of the European Consensus). Their respect for humanitarian principles is all the more important because the perception of instrumentation and politicization of aid through their financing is great. Indeed, donors funding humanitarian aid in conflict can also be governments with political interest in the same conflict. It is therefore crucial that humanitarian funding remain fully disconnected from political, religious or ethnic objectives and be based on a strict needs assessment. Similarly, it is equally fundamental that the humanitarian branch of the funding instrument remains separate from political and development branches.
57. In addition, donors must also integrate the fact that humanitarian action is by nature an emergency response, and to be effective, it must be able to deploy quickly. The humanitarian funding system must therefore adapt to this need for responsiveness and flexibility. In order to maintain this specificity of the humanitarian community, it is still preferable that organizations and mechanisms for the financing of humanitarian and development do not merge.
58. Finally, the transparency of aid is vital for the perception of respect for humanitarian principles, in order to demonstrate the impartiality and independence of action. The importance for donors to report on their contributions, under humanitarian assistance, to the financial monitoring service managed by the United Nations OCHA must be recalled (xxxxi).
Recommendations
The CNCDH recommends that the Government actively engage in the preparatory discussions for the World Humanitarian Summit, alone and with the European Union and its member States, in order to positively influence the conclusions of the Summit, in the sense of improving the effectiveness of humanitarian action, in accordance with the law and humanitarian principles.
CNCDH recommends that the Government take action to ensure that the World Humanitarian Summit results in:
1. A strong reaffirmation of the relevance of the rules of conventional and customary international humanitarian law applicable in times of armed conflict and a call for their effective and faithful implementation;
2. National strengthening of mechanisms to prevent and punish violations of international humanitarian law;
3. The establishment at the international level of mechanisms for monitoring the implementation of the rules of international humanitarian law;
4. The reaffirmation of the universality of the fundamental humanitarian principles of humanity, impartiality, neutrality and independence;
5. A commitment of all aid actors, parties to the conflict and donors, to respect and enforce humanitarian principles, through the development of clear and transparent indicators to measure this commitment;
6. The establishment of concrete measures to remove obstacles to the effective implementation of humanitarian principles by actors in the field and to limit the politicization of humanitarian assistance;
7. A reaffirmation of the obligation on all parties to allow access by humanitarian aid agencies to the affected populations, without subordinating it to conditions contrary to humanitarian principles, and a reaffirmation of the criminal nature of this type of bury;
8. Consecration of a right of persons to receive effective humanitarian assistance to them;
9. A solemn affirmation of the fundamental role played by humanitarian, national or foreign personnel, and the adoption of measures to give it a more protective international status;
10. Strong support for the essential role of humanitarian NGOs working in the respect of humanitarian principles;
11. An affirmation of the shared responsibility of all actors involved in various titles on the same grounds for preserving the specificity of humanitarian action;
12. Recognition of a responsibility, in the application of humanitarian principles, of donors who should not subordinate their funding to specific conditions that hinder the respect of these principles;
13. A commitment of all stakeholders not to use humanitarian assistance as a crisis management tool. Institutional actors with "humanitarian mandate" should preserve their independence. Similarly, the risks posed to respect humanitarian principles by the "integrated missions" of international organizations should be considered seriously;
14. A recognition of the role of national actors in humanitarian action, in partnership with international actors;
15. A reminder of the importance of establishing, for humanitarian assistance, a dialogue with all parties to the conflict, including non-State armed groups, and therefore a firm opposition to any form of "criminalization" of humanitarian assistance.
