prop · GT0352 · 2005-12-08 00:00:00 — In cases where there is an international military or presence in a humanitarian crisis area it may help to improve security by making life safer for civilians and making it easier for humanitarian organizations to deliver aid. If humanitarian aid is to be effective, public authorities, the public, and, in armed conflicts, armed groups in areas at risk must be able to rely on the impartiality and neutrality of humanitarian organizations. Traditionally, therefore, humanitarian aid in armed conflicts is provided primarily by civilian organizations, and such organizations have been obliged, both for practical reasons and in order to comply with international humanitarian law, to maintain a clear distinction between themselves as civilians on the one hand and armed groups and other parties to the conflict on the other. This approach is especially important in areas where there are military forces either members of peace-keeping missions or, in particular, parties to the conflict and humanitarian personnel from the same country or continent. In such circumstances, a blurring or even confusion of roles may lower the threshold for the armed groups inclination to attack humanitarian personnel on the pretext that the aid organizations have the same objectives and interests as the international military forces in the area. In the case of natural disasters and other disaster situations where no armed conflict or other tensions exist that might make a military presence sensitive, it has not been as important that humanitarian aid be implemented by civilian entities. The governments humanitarian aid policy is guided by the principles agreed upon informally at the international conference on humanitarian donorship by 16 states and Commission in in 2003. These principles are attached to this Communication. 2.5Historical retrospect of the Swedish governments and Parliaments support for humanitarian aid The Swedish governments and Parliaments support for humanitarian aid abroad has a long history. For a long time this support was closely linked to the work of the Swedish Red Cross, which was established in 1865 under the chairmanship of . The government negotiated with belligerent states during World War I in support of the action taken by the Swedish Red Cross on behalf of wounded soldiers. In 1920, Parliament provided the Swedish Red Cross with a grant of million (about million in todays prices) for support to refugees and emergency relief for former combatants and civilians made destitute by the war. In 1921 the government made one of its first large financial contributions to a major international operation that was not directly related to an armed conflict, i.e. the response of the International Red Cross Movement to the famine in and other parts of what later became the Soviet Union. During World War II, the government tasked the Swedish Red Cross with providing emergency relief to civilians in a number of war-stricken countries, allocating specific funds for the purpose. After the war the government contributed to programmes for the return, settlement in third countries and other aid to refugees from the war.The government also contributed to the assistance given, in particular, to refugees from the conflicts in the Korean peninsula and /. In 1952, Parliament approved the first regular appropriations for voluntary government grants towards overseas assistance under the heading International aid, in addition to the part of UN membership fee that was used for disaster relief. These funds were used mainly for disaster relief, the remainder being used for what is now called development cooperation. In 1956, Parliament approved the first appropriations that were earmarked for humanitarian aid under the headings Refugee aid and Miscellaneous purposes, including disaster relief, totalling about million (million in todays prices). Since then the appropriated amounts have constantly increased, sometimes substantially. The Swedish parliaments and governments appropriations for humanitarian aid (approximate amounts) Amounts (MSEK) (October 2004) year the government proposes an appropriation for humani- tarian aid for the coming fiscal year in the Budget . Most of the official inquiries etc. in this area have dealt with individual issues, e.g. Disaster Aid for Development (Ds UD 1986:2), which discussed the potential long-term effects of humanitarian aid, and Swedish Inter- national Disaster and Refugee Aid Operations (SOU 1995:72), a study of the use of personnel and material for the purposes of state humani- tarian aid. 1 Including funds from the supplement to the 1951/52 budget. 2 Including organizational support to liberation movements in southern . 3 Including support for conflict management. 4 Forecast; relates mainly to annual contributions to the UNHCR, ICRC,WFP, UNRWA and OCHA, part of the annual contribution to and the budget heading Humanitarian aid and conflict management. It also includes support for conflict management up to a ceiling of million. The government and its agencies use three instruments to implement the governments humanitarian aid policy. 3.1Opinion formation, diplomacy and policy development By disseminating information, seeking to form public opinion and participating in international and domestic advocacy activities in this area the government seeks to ensure that international humanitarian efforts increasingly meet the standards set forth in this Communi- cation. The government consistently advocates support for inter- national humanitarian aid as a legitimate and valuable means of assisting people made destitute by armed conflicts, natural disasters and other disaster situations. The governments humanitarian diplomacy includes efforts to promote full compliance with humanitarian law, human rights law and other rules of law in this area and with the humanitarian principles of humanity, impartiality, neutrality and independence. The government encourages compliance by donor governments with the principles of humanitarian donorship agreed upon informally by 16 states and Commission in in 2003, which were referred to in section 2.4 above. On its own and together with the EU as a whole or other actors, the government takes diplomatic action to ensure that states comply with their legal and political obligations under humanitarian law. This may refer to the primary obligation of states to meet the humanitarian needs that arise within their borders. It may also refer to their respon- sibility for protecting civilians and other non-combatants during armed conflicts. In cases where this is necessary in order to be able to exert influence, a low profile should be maintained. Furthermore, the government must be in a position to give diplomatic support for humanitarian action in a specific crisis. It may do so by influencing opinion and using its contacts to ensure that implementing organizations are given access to crisis areas, or by applying pressure in order to improve the working conditions for such organizations. cases where this is necessary in order to be able to exert influence, a low profile should be maintained. As mentioned by the government in its Communication Human Rights in Swedish Foreign Policy (Comm. 2003/04:20), respect for humanitarian law and human rights often leaves a great deal to be desired during armed conflicts. In multilateral arenas, in contacts with individual states and other international legal entities and in the do- mestic and international dialogue on international law, the government constantly points out the need to improve the protection of civilians in conflict situations. The government supports and defends the multilateral mechanisms, especially those under UN leadership, that exist for the purpose of coordinating and delivering humanitarian aid. It cooperates with the UN Secretariat in this connection and supports its work. It helps to strengthen the Consolidated Inter-Agency Appeals Process and other humanitarian appeals, as well as the Common Humanitarian mechanism and other concerted actions. It supports the mechanisms that were set up under UN General 46/182, especially as regards coordination within the UN and between the UN and other international humanitarian players. It encourages all humanitarian organizations to participate in, or otherwise operate in conformity with, these mechanisms. The government emphasizes the importance and unique position of the International Red Cross and Red Crescent Movement in inter- national humanitarian aid operations. This applies in particular to . The government welcomes full participation by the movement in international coordination mechanisms to the extent this is consistent with the movements independence. In its relations with UN agencies, the International Red Cross and Red Crescent Movement and humanitarian the government acts in a that contributes to coherent relations between states and these organizations and avoids burdening the latter with additional administrative tasks. To this end, the government seeks to ensure that the boards, informal councils and other multilateral advisory forums associated with these organizations provide appropriate management and guidance. The government maintains relations with these organizations mainly through such forums. In cases where no such forums exist, where the parties agree otherwise or where the government considers that there is a special need, the government may seek to engage in a closer bilateral dialogue with the organizations. In its efforts to address ongoing or impending crises with an international dimension the government consistently advocates a humanitarian perspective based on respect for human rights and humanitarian law. This may involve calling attention to humanitarian needs in international discussions on armed conflicts that have broken out, or it may involve encouraging other players to make it possible for humanitarian organizations to operate in accordance with humani- tarian principles. In cases where the UN, the EU, other inter- governmental organizations or individual states are considering imposing sanctions on states or non-state actors, the government primarily advocates the use of targeted rather than comprehensive sanctions. One reason for this is to avoid the shortage-driven, large-scale human suffering that may indirectly follow in the wake of comprehensive sanctions. This approach is consistent with the lessons learned from recent multilateral discussions on evaluations of sanctions, one contribution to which was the Process. In its own activities and contacts with other actors the government seeks to ensure that humanitarian aid continues to be organized and delivered by civilian entities. In areas where an armed conflict is in progress or is liable to break out or be resumed the principle should be that military actors must not themselves implement, or support other institutions implementation of, humanitarian action. Exceptions to this principle may be justified in special cases where no equivalent civilian alternatives exist, in which case indirect support is preferable to direct implementation, always under overall civilian leadership. During the last five years, international responses to international or large-scale intrastate crises have increasingly sought to integrate all the components of an operation into a single, concerted effort. As a result, political, military, development-oriented, humanitarian and other operations have been placed under unified leadership, in particular in connection with UN-led peace support missions. Where the tasks of such missions include humanitarian aid, the government advocates that humanitarian principles be observed in connection with the coordination of humanitarian actions in the mission and with their implementation in the areas where the mission is operating. Humanitarian crises often affect the lives of women and children differently from those of men, especially in the case of armed conflicts. Normally, most of those in need are women and children. It may be of vital importance to make the most of and nurture womens ability to run their households and their knowledge about the livelihoods and social patterns of their communities, as well as about other local conditions, when emergency relief and reconstruction measures are designed. At the same time, women and children tend to be particularly vulnerable. Womens health needs, including those related to sexual and reproductive health, are liable to be ignored unless special attention is paid to them. It is usually necessary in connection with armed conflicts to protect women against the increased risk of violence, especially sexual violence, and against economic and social vulnerability in view of the risk of their getting less than their fair share when scarce resources are distributed. It is generally extremely difficult to bring up and care for children in disaster situations, and aid and protection in the fields of health, food and education may therefore be necessary with the specific aim of making sure that childrens development are not undermined. The government advocates that these factors be taken into account in connection with the design and implementation of humanitarian actions. The government seeks to ensure that food for the purposes of humanitarian aid is bought mainly in surplus markets at or near the places where humanitarian aid is needed. Likewise, the government urges donor countries and organizations not to make supplies of food from such countries a condition for humanitarian aid unless such aid is especially appropriate in view of time and availability factors. The governments position in this respect is that aid consisting of food brought in from outside can seriously undermine local markets and agricultural and food industries. Given the resource input and focus on individuals and groups, humanitarian aid may make an impact on socio-economic conditions in the communities where it is delivered. In conflict areas, in particular, there is a risk of aid directly or indirectly exacerbating tensions between individuals or population groups, at the same time as armed groups may seek to take advantage of the situation to strengthen their own position. The government urges implementing organizations always to consider the possible impact of their activities on conflict patterns in the areas where they operate. A humanitarian crisis area in which the material and social conditions have reverted, or are likely to , to the situation prior to the outbreak of the crisis is often still very vulnerable, especially in conditions of general underdevelopment or in the aftermath of an armed conflict. In a poor area where flooding has recently occurred, for example, subsequent flooding may cause even greater damage before livelihood mechanisms have recovered. In an area devastated by a war, continuing underdevelopment not to mention other immediate causes of conflicts may create conditions that lead to a resumption of fighting. In such circumstances it may be of vital importance to avoid a damaging gap between humanitarian action and long-term development programmes. Where it is necessary in view of the prevailing conditions, the govern- ment therefore proposes that domestic and, where applicable, inter- national development efforts are launched as soon as possible in humanitarian crisis areas where recovery is under way or appears likely to start soon. As an element of its opinion-influencing activities the government will be prepared to provide financial support for policy and methodo- logical development in the field of humanitarian aid. The government should in this connection seek to raise awareness of, and improve efforts to monitor respect for, international humanitarian law and human rights protection. Evaluation has an important part to play in this connection. The government urges implementing humanitarian organizations to adopt or comply with internationally established codes of conduct and similar informal codes or rules. Since the early 1990s Union has become one of the largest official donors of international humanitarian aid. The Union has also started to develop its ambition of contributing personnel and material for the implementation of humanitarian actions, including rescue service missions, as well as to employ such deployments in support of its civilian crisis management activities. The government advocates that the Unions funding of humanitarian aid and its deployment of personnel and material are consistent with humanitarian principles and the existing multilateral coordination mechanisms, especially those under UN leadership. In the governments view, the Union should continue to speak with an articulate and principled voice in the international humanitarian debate. The Union should, for example, be prepared to take diplomatic action in the UN and other forums to ensure that states meet their responsibility for assisting people in need among their own populations and, where they do not do so, give safe and unimpeded access to humanitarian organizations. 3.2Financial support for humanitarian organizations The government gives financial contributions to non-state organizations for the implementation of humanitarian action. The financial resources for this support are determined by Parliament in the course of the government budget process, including the Budget . The government only makes financial grants to organizations whose operations are consistent with the principles set out in this Communica- tion and with accepted standards with regard to humanitarian action. In taking decisions about grants the government considers whether the proposed measures are likely to be effective in assisting people at risk. These measures must be coherent with other humanitarian aid operations in the areas where they are implemented. To the extent this is possible and consistent with humanitarian principles, the measures should support domestic and local efforts. They should support multi- lateral coordination, especially by the UN, of international humanitarian aid destined for the crisis in question. Government decisions are taken with the greatest possible degree of coordination with the other states that contribute funding for aid in the same area as the Swedish government. The government makes grants to both Swedish, foreign and international organizations. Special importance should be attached in this connection to institutions in the UN system, the International Red Cross and Red Crescent Movement and NGOs with long experience of humanitarian aid. Funds should only be allocated to organizations that have adopted established international codes of conduct in this field or made similar commitments. Conditions to the effect that organizations must employ Swedish staff or material in connection with aid must not be attached to the grants. Funding should be flexible in order to make it possible for recipient organizations to adapt their operations to developments in the area where they are implemented. As far as possible, the grants should be predictable in order to facilitate the organizations planning. Where it is appropriate in view of the duration of a humanitarian crisis, the government can commit itself to grants that extend beyond the current fiscal year, provided that Parliament approves the governments budget proposals. In taking funding decisions the government pays particular attention to the special situation of the elderly, women, children and disabled persons in disaster situations. The government must take into account the increased vulnerability of these groups, especially during armed conflicts. It also takes into account the need to make use of their knowledge, especially the knowledge of women, in designing aid operations and the need to maintain the ability of vulnerable groups to support themselves, as mentioned in section 3.1 above. In order to reduce vulnerability, the government also allocates funds for measures to promote preparedness for and prevention of damage caused by disasters, especially natural disasters, and for initial re- construction programmes following a humanitarian crisis, in addition to funds to meet immediate needs. In order to strengthen the of successful reconstruction, funds should be allocated, wherever possible, for aid that reinforces coping and supply mechanisms in areas for which aid is provided.As long as this is consistent with humanitarian principles, grants for prevention, preparedness, emergency relief and reconstruction should support domestic and local organizations and local assets and capacities, for example in connection with the procure- ment of input materials and the hiring of labour. Where appropriate in view of the urgency of the needs, funding should be granted when the government or the competent authority is satisfied that the imple- menting organization has assessed the potential effects of the proposed measures on conflict patterns and market conditions in the area where they are to be implemented. The government does not provide food in kind for humanitarian food aid. Instead, it allocates funds for this purpose to make it easier for the implementing organizations to adapt their actions to varying conditions and humanitarian needs and to support the capacities and markets that are available at or near the place where the humanitarian needs exist by purchasing food locally or regionally wherever possible. Unless Parliament or the government decides otherwise, funds from the budget appropriation for development cooperation may only be used for humanitarian aid in countries that are included in the List of Aid Recipients that is kept by the Organization for Economic Co- operation and Development (). Exemptions from this require- ment are notified by the government in its appropriations to state authorities, following approval by Parliament of the governments Budget . 3.3Deployment of state employees and property The government and its agencies will maintain their long-standing preparedness for the deployment of state employees and property for the purpose of implementing or supporting humanitarian actions. They may be deployed in search and rescue operations following earthquakes and other natural disasters, responses to serious epidemics and actions involving assessments of humanitarian needs during ongoing crises.They may also be assigned the task of disaster preparedness and providing logistical and other support for organizations that coordinate or deliver humanitarian aid. This form of assistance is provided without any cost to the recipient population.The allocation of any costs incurred by the assisting agency or the ordering organization is determined, if the agency considers this necessary following consultation with the Government Offices, in an agreement between the organization and the agency or, where applicable, in an appropriation instrument or other instructions issued by the government or the Government Offices. As regards areas where an armed conflict is in progress, or where there is a risk of an armed conflict breaking out or being resumed, military personnel and property must not be used for the purposes of implementation of or support for projects and measures that can be likened to humanitarian aid, unless special reasons exist in accordance with what it is stated in sections 2.4 and 3.1 above. Further rules for the deployment of state employees and property for the purpose of humanitarian aid are set out in detailed instructions issued by the government or the Government Offices. Principles and Good Practice of Humanitarian Endorsed in , 17 2003 Objectives and definition of humanitarian action