the humanitarian charter

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The Humanitarian CharterThe Humanitarian Charter

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••To identify key messages of the To identify key messages of the Humanitarian CharterHumanitarian Charter

••To demonstrate how the To demonstrate how the Humanitarian charter provides a Humanitarian charter provides a framework for carrying out framework for carrying out humanitarian workhumanitarian work

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)

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•• 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.

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

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“ 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.”

The right to life with dignity The difference between combatants

and on combatants Non- refoulment

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““right to life, to an adequate standard of living , freedom from cruel, inhuman or degrading treatment/punishment.” “ “We understand an individual’sWe understand an individual’s right to life entails the right to life entails the right to have steps taken to preserve life where it is right to have steps taken to preserve life where it is threatened, and a corresponding duty on others to take threatened, and a corresponding duty on others to take such steps. such steps. Implicit in this is the duty not to withhold or frustrate Implicit in this is the duty not to withhold or frustrate the provision of life-saving assistance”the provision of life-saving assistance” UDHR

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.

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UDHR

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The International Bill of Rights-UDHR

The right to The right to life with life with dignitydignity

EveryoneEveryone

Distinction between Distinction between combatants and combatants and non-combatantsnon-combatants

Principle of non-Principle of non-refoulementrefoulement

States (legally) but States (legally) but everyone (morally)everyone (morally)

Most always, some Most always, some don’t in state of don’t in state of emergencyemergency

The Geneva The Geneva ConventionConvention

The Convention The Convention on the Status of on the Status of RefugeesRefugees

Refugees, Refugees, but not IDPsbut not IDPs

Warring Warring partiesparties

States where States where refugees residerefugees reside

In armed In armed conflicts onlyconflicts only

Wherever Wherever refugees refugees existexist

Example of documentary

source

Core ideas

Who has rights?

Who has duties?

When do they apply?

Human Human RightsRights

Humanitarian Humanitarian Law (IHL)Law (IHL)

Refugee Refugee LawLaw

Noncombatants Noncombatants in conflictin conflict

Human Rights Instruments

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The Universal The Universal Declaration of Declaration of Human Rights Human Rights

(1948)(1948)

The UN Charter (1945)

The International The International Covenant on Civil Covenant on Civil

and Political Rights and Political Rights (1976)(1976)

The International The International Covenant on Covenant on Economic, Social and Economic, Social and Cultural Cultural Rights (1976)Rights (1976)

The IBR (ratified 1976)

“all human beings are born free and equal in dignity and rights: right to life, liberty, security, freedom etc”

See Hand out 29 Articles

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2020

•• Convention Against Torture and Other Cruel, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Inhuman or Degrading Treatment or Punishment (1984)(1984)

•• Convention on the Prevention and Punishment of the Crime of Genocide (1948)•• International Convention on the Elimination International Convention on the Elimination

of all Forms of Racial Discrimination (1965)of all Forms of Racial Discrimination (1965)

•• Convention on the Elimination of all Forms of Convention on the Elimination of all Forms of Discrimination Against Women (1979)Discrimination Against Women (1979)

•• Convention on the Rights of the Child (1989)Convention on the Rights of the Child (1989)

The International Humanitarian Law

(IHL) or the Laws of War

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•• Third ConventionThird Convention - on the conduct of - on the conduct of combatants and the treatment of prisoners of combatants and the treatment of prisoners of warwar

•• First ConventionFirst Convention - - on the care of the wounded on the care of the wounded and sick members of armed forcesand sick members of armed forces

•• Second ConventionSecond Convention - on the care of the - on the care of the wounded, sick and shipwrecked members of wounded, sick and shipwrecked members of armed forces at seaarmed forces at sea

•• Fourth ConventionFourth Convention - on the protection of civilian - on the protection of civilian persons and populations in times of war (duties persons and populations in times of war (duties and responsibilities of occupying power)and responsibilities of occupying power)

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•• Provide the conditions for the Provide the conditions for the delivery of humanitarian assistance delivery of humanitarian assistance and protectionand protection

•• Apply in times of international Apply in times of international conflictconflict

•• Addressed to states - impose duties Addressed to states - impose duties on states and warring partieson states and warring parties

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

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““Non-combatants are protected Non-combatants are protected under international humanitarian under international humanitarian law and are entitled to immunity law and are entitled to immunity

from attack”from attack”

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Article 3, Article 3, commoncommon to the four Geneva to the four Geneva Conventions refers to Conventions refers to internal internal armed armed

conflicts -conflicts - “a mini Convention”“a mini Convention”In 1977, Protocol II, In 1977, Protocol II, relating to the relating to the

Protection of Victims of Non-Protection of Victims of Non-International Armed Conflicts, was International Armed Conflicts, was

developed to further Common Article 3developed to further Common Article 3

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 and degrading treatment;

d) the passing of sentences and carrying out of executions without previous judgement pronounced by a regularlyconstituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

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1969 1969 OAUOAU (Organisation of African (Organisation of African Unity convention)Unity convention)

1951 1951 Convention on the status of refugeesConvention on the status of refugees

1967 1967 Protocol on the status of refugeesProtocol on the status of refugees

1984 1984 Convention preventing torture and Convention preventing torture and other cruel, inhuman or degrading other cruel, inhuman or degrading treatment or punishmenttreatment or punishment

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1998 IDP guidelines1998 IDP guidelines

IDPs are defined as those persons forced or IDPs are defined as those persons forced or obliged to flee from their homes,obliged to flee from their homes,

“…in particular as a result of or in order to avoid “…in particular as a result of or in order to avoid the effects of armed conflicts, situations of the effects of armed conflicts, situations of generalised violence, violations of human rights generalised violence, violations of human rights or natural or human-made disasters, and who or natural or human-made disasters, and who have not crossed an international recognised have not crossed an international recognised State border”State border”

- Francis Deng (1998)

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

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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.

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““Sphere's specific standards in the Sphere's specific standards in the provision of health care, water and provision of health care, water and sanitation, shelter, food security and sanitation, shelter, food security and nutrition nutrition translate people's rights translate people's rights into specific agency dutiesinto specific agency duties.”.”

(Hugo Slim (Hugo Slim 2001)2001) Emphasis by Sphere

Humanitarian Dilemmas

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the humanitarian charter

Documents