dr. paul forage ircc center for disaster relief and humanitarian assistance disaster relief and...

Dr. Paul ForageIRCC Center for Disaster Relief and Humanitarian Assistance

Disaster Relief and Humanitarian Assistance

Humanitarian Negotiation with Armed Groups

IRCC Center for Disaster Relief and Humanitarian Assistance

What is Negotiation?

Negotiation is a process of communication and relationship building undertaken with the objective of arriving at an agreed outcome.


Why Humanitarian Negotiation?

The Humanitarian Operating Environment Today

Conflicts mostly take place within States Engagement of military forces in relief operations Integrated UN peace operations Targeting of humanitarian workers


Why Humanitarian Negotiation?

The Humanitarian Operating Environment Today

Emerging competition among humanitarian and military actors is evident in the comment that “[t]he military is dismissive of NGOs and delving ever deeper into humanitarian programming.”

Meanwhile, the relationship with government - an important source of funding for non-governmental organizations - presents its own problems:

“The U.S. Government is obsessed with owning the NGOs through rhetoric (force multipliers), actions (contracts vs. grants), and sanctions (prohibiting even emergency humanitarian assistance through OFAC licensing).”

Guttieri 2005


Humanitarian Purpose of Negotiation

Negotiations undertaken by civilians engaged in managing, coordinating and providing humanitarian assistance and protection to vulnerable populations for the purposes of:

1.Ensuring the provision of protection and assistance to vulnerable groups

2.Preserving humanitarian space

3.Promoting respect for international law


Humanitarian Space

“A conducive humanitarian operating environment” (UN OCHA) “Scope for neutral and impartial humanitarian action in the midst

of conflict” (ICRC) “A space designed to protect the human rights of those in

danger” “safe areas” (Hikaru Yamashita 2004)

Key Concept

Humanitarian space is a negotiated area designated for humanitarian action among potential stakeholders


Humanitarian Negotiations

The stakes are high - life and death for vulnerable populations De facto power imbalance between the stakeholders Motivations, objectives, operational cultures differ sharply Commitment to outcome of negotiation may be difficult Acute time and communication constraints on negotiation


The Stakes are High

Attack fatalities between 1997-2003 resulted from ambush (127) and murder (72).

Car/truck bombing (26), landmines (25), anti-aircraft attack (24) and aerial bombardment (14) were also significant.

There were more than 70 violent deaths in 2003, doubling the number in 2002.

More than half of the victims are local (not expatriate) staff. Angola (58), Afghanistan (36) and Iraq (32) led the list of the highest number of aid workers killed from 1993-2003.


Strategic Objectives

The process of negotiation can build trust and confidence

Negotiations can have a multiplier effect

HN cannot be used to substitute for political negotiations


Tactical Objectives

To secure humanitarian access to those in need

To seek agreement on ground rules for activities and behavior

To secure agreement on operational mechanisms

To agree on rules and behavior for protection of civilians

To safeguard humanitarian security

To secure release of detainees (aid workers)

To secure agreement on safe areas or safe periods


Potential Pitfalls

Use of force against civilians as a bargaining tool

Targeting of armed group interlocutors

Use of negotiation status to enhance legitimacy

Playing off several humanitarian actors against each other

Attaching conditions that adversely affect civilians


Characteristics of Armed Groups

Have potential to deploy arms in pursuit of objectives

Have a group identity and act in pursuit of group objectives

May not be part of formal State military structures

May not be under command of State military

Are subject to a chain of command


Characteristics of Armed Groups

Motivations - reactionary, ideological, opportunistic

Structure - leadership, organization, autonomy

Principles of Action - religious, ideological

Interests - are there shared interests?

Constituency - popular mandate?

Needs - organizational, resource, identity

Ethno-Cultural dimensions and influences

Control of population and territory


Negotiation Preliminaries

Identify one or more lead negotiators

Humanitarian negotiations must remain distinct from political

Agree on process and intended outcomes

Affirmation of fundamental principles of humanitarian action

Humanity

Impartiality

Neutrality



Example of Principle Application

“Our organization cannot agree to distribute

food only to camps under your control

because, as you know, we provide assistance

wherever there is a need”



Real World Example

“In order to gain greater access to populations agencies

should explain their roles and mandates…. The

Burundian Army (in 1999) accused the UN of feeding

the rebels, while opposition forces accused the UN of

being too close to the government….”



Common Article 3 of the Geneva Conventions

“Persons taking no active part in the hostilities…shall in

all circumstances be treated humanely….”



Additional Protocol II of the Geneva Conventions

“…in cases not covered by the law in force, the human

person remains under the protection of the principles of

humanity and the dictates of public conscience….”



Six Subject Areas of IHL

Principle of Distinction Weapons

Protected Persons Treatment of

Civilians

Methods of Warfare Implementation



How Does IHL Help Humanitarian Negotiation?

1. Defines boundaries within to seek agreement

2. Frames legal obligations of armed groups

3. Identifies substantive issues for negotiation

4. Provides benchmarks

5. Provides incentives



Framing Legal Obligations

1. Legal basis for holding groups accountable

2. Awareness not threats

3. Tribunals do hold groups accountable

4. Provides entry points for discussion

5. Cultivation of a positive image


Three Phases of Negotiation

1. Preparation - Coordinate Approach, Decide on

Strategy, Gather Information

2. Seeking Agreement - Process, Issues,

Outcomes

3. Implementation - Define Criteria for

Implementation


Making Contact

1. Contact is best facilitated by intermediaries

2. Intermediaries can include:

Church representatives

Other Humanitarian organizations

Community leaders

Business persons

3. Intermediaries can be useful sources of

information.


Exercise ROE

1. Little or no physical contact

2. Always obey orders (esp. if armed)

3. Follow safety instructions

4. Do not argue - discuss


Questions?

dr. paul forage ircc center for disaster relief and humanitarian assistance disaster relief and...

Documents

humanitarian workers

humanitarian programming

impartial humanitarian

key concept humanitarian

negotiation slide

paul forage ircc center

outcome of negotiation

relief operations integrated