prop · GT0352 · 2005-12-08 00:00:00 — The Government presents this Communication to Parliament. (Ministry for Foreign Affairs) Brief summary of the Communication In this Communication the Government reports on its humanitarian aid policy, including the goals, principles and instruments of this policy. The goal of the governments policy is to help to save lives, alleviate suffering and maintain human dignity for the benefit of people in need who are, or are at risk of becoming, affected by armed conflicts, natural disasters or other disaster situations. The basic principle is that the Swedish Government and its agencies should, in accordance with international law and established practice in international humanitarian aid operations, be prepared to offer assistance in cases where the cen- tral government or society as a whole in a disaster-stricken country is unable or unwilling to meet the humanitarian needs that arise. The government has three instruments for the implementation of this policy. First, the government is engaged in opinion formation and diplomacy, at the same time as it seeks to contribute to policy develop- ment in this area. Second, the government gives financial support to humanitarian organizations for the implementation of humanitarian aid activities. Third, the government maintains preparedness for the deployment of state employees and property for the purpose of implementing or supporting such operations. Purpose of the Communication .......................................... Goals and principles of humanitarian aid ............................ Definition of the term humanitarian aid .......................... Historical and legal background ........................................... 2.5Historical retrospect of the Swedish governments and Parliaments support for humanitarian aid ........................ The governments instruments ........................................... 3.1Opinion formation, diplomacy and policy development .. 16 Financial support for humanitarian organizations ............. Deployment of state employees and property................... 1: Principles and Good Practice of Humanitarian Extract of the minutes of the Cabinet Meeting held on Providing humanitarian aid to people in need is one of the most practical and effective means of mitigating the human damage caused by armed conflicts, natural disasters and other disaster situations. The idea of giving the victims of disasters speedy assistance has a long history. Such assistance has been and is still given by relatives, neighbours and public authorities in the places or countries where disasters occur, and for more than 100 years now assistance has also been provided in an institutionalized form across national boundaries. Today, international humanitarian aid is provided in one form or other in practically all areas where humanitarian crises occur.This also applies to nearly all of the two dozen or so crises that are ongoing at the time of the presentation of this Communication to Parliament. International humanitarian aid operations have expanded greatly in the last 10-15 years. The value of humanitarian aid given by states and intergovernmental organizations has more than doubled in real terms since the early 1990s, and these operations are usually on a much larger scale nowadays. The number of international actors, especially non-governmental organizations (NGOs), has increased rapidly, as has the number of humanitarian donor countries. In the crisis areas where the international presence is greatest, several dozen humanitarian organizations may be on the scene simultaneously, where previously the International Red Cross and Red Crescent Movement, a few UN agencies and a small number of NGOs would have operated. In addition, other, sometimes new actors, i.e. enterprises and military entities, have appeared on the scene of some recent crises. At the same time, new approaches in the international communitys overall response to international crises have to some extent created a new situation as regards the relationship between humanitarian operations and political and military operations during a crisis. The government welcomes the expansion of international humani- tarian aid. Many more people have been helped as a result. However, we are still nowhere near a situation in which all humanitarian needs around the world are met, either by the states which are primarily responsible for meeting these needs or by the international community. The expansion of humanitarian operations has, moreover, created new challenges. The increase in the number of players and in aid volumes calls for better coordination in order to ensure effectiveness and effi- ciency. The number of new, and to some extent different, actors makes it more important than ever to uphold basic humanitarian tenets. It is important to clarify the role of humanitarian aid in relation to other aspects of the international communitys response to international crises. Against this background, the government considers it important to report on its humanitarian aid policy. 1.2Purpose of the Communication The purpose of this Communication is to inform Parliament about the goals, principles and instruments of the governments humanitarian aid policy. also covers the activities of the (Sida), the and other government agencies. 2Goals and principles of humanitarian aid The goal of the governments policy is to help to save lives, alleviate suffering and maintain human dignity for the benefit of people in need who are, or are at risk of becoming, affected by armed conflicts, natural disasters or other disaster situations. The humanitarian aid policy is intended to contribute to achieving the goal of the governments international development cooperation, i.e. to help to create the necessary conditions for poor people to improve their living conditions, and thus to achieving the overall goal of the governments development policy, i.e. equitable and sustainable global development, as declared in the , Shared Responsibility: Global Development Policy, which has been passed by Parliament (Gov. 2002/03:122, Report 2003/04:UU3, Parl. 2003/04:112). 2.2Definition of the term humanitarian aid The government defines humanitarian aid as efforts to save lives, alleviate suffering and maintain human dignity for the benefit of people in need who are, or are at risk of becoming, affected by armed conflicts, natural disasters or other disaster situations. In the case of an armed conflict the main beneficiary group is the civilian population, but it may also include members of armed forces who are no longer engaged in hostilities, such as wounded and sick soldiers. The beneficiary group in the case of natural disasters and other disaster situations is the affected population. By other disaster situations the government means acute outbreaks of infectious diseases, industrial accidents and other major technological accidents, major environmental accidents and other events that seriously affect the coping and survival mechanisms of population groups or entire communities. Humanitarian aid is provided in two closely related forms: material aid and protection. Material aid may be given above all in the form of food, nutritional supplements, shelter, water, sanitary facilities, health- care and other health services, and in some cases education, agricultural support and other not immediately lifesaving measures. Protection includes measures designed to ensure respect for the rights of people in need, in particular the right to physical safety and dignity. Related measures include calling attention to the obligations of armed groups, registration of the status of refugees or internally displaced persons and education about rights and obligations under international law. In many cases, individual humanitarian actions comprise both material aid and protection, since material aid protects the rights of vulnerable persons and protective measures improve the individuals chances of receiving material aid. The crucial criterion for humanitarian action is the individuals need of material aid or protection, or both. In the past and present terminology in this area the terms disaster, emergency and humanitarian are often combined with the words assistance, aid, relief and activities/operations. The government regards all the terms based on these combinations of words as inter- changeable. 2.3Historical and legal background There is a long history of international efforts to help the victims of disasters. the years, the principles underlying these efforts have largely been enshrined in international law, especially humanitarian law. The view that civilian populations and non-combatant members of armed forces should be protected during armed conflict is not new, but has by no means always been generally accepted. Examples exist of prohibitions of humiliating treatment in ancient times, for example in and . The first European rules on warfare were the Articles of War decreed in by king in 1621. These articles contained provisions about the status of non-combatants under which looting and the burning of property were prohibited without express permission. The first comprehensive rules on such matters were adopted by the Union side in the American Civil War in 1863. The Lieber Code laid down the obligation to protect civilians, taking into account that in modern regular wars of the Europeans ... protection of the inoffensive citizen of the hostile country is the rule. The first rules of law in this area were laid down in the first Convention of 1864, which was based on the ideas of the Swiss citizen , who had been shocked by the devastation and lack of services that he witnessed at the battle of Solferino in modern-day in 1859. The Convention has subsequently been revised several times, and the relevant documents in force today are the four Conventions of 1949 and two Additional Protocols of 1977. The assistance given to the victims of war focused initially on protection and aid to members of combatant groups who had been injured or captured or were otherwise hors de combat. The reason for this was that, even as late as the early 20th century, the great majority of those who were killed, injured and made destitute by war were members of combatant groups. It is estimated, for example, that only of those who were killed in World War I were civilians. The situation changed drastically later in the 20th century as a result of mass arms production and the development of increasingly destructive weapons. World War II was a watershed; about of those who were killed were civilians. Their experiences of World War II led a number of states and () to agree on the need to strengthen the protection of civilians and others. To this end they adopted the fourth Convention in 1949. The Convention contained the first explicit mention in a document of international law of the possibility of access for impartial humani- tarian organizations for the purpose of protecting and assisting civilians. The two Additional Protocols to the Conventions that were adopted in 1977 elaborated on the right for external humanitarian organizations to offer help to the victims of armed conflict. The Conventions and their Additional Protocols contain rules about the parties obligations in armed conflicts with regard to humanitarian aid. According to the generally accepted interpretation of these rules, a party to an international or intrastate conflict that cannot meet the needs of the civilian population itself cannot arbitrarily reject an offer of humanitarian assistance. Such an offer cannot be considered an unlawful intervention in the internal affairs of another state. This is made clear, inter alia, by the Conventions and resolutions adopted by the UN General and . In an action brought by against the the International Court of ruled in 1986 that international humanitarian aid does not constitute violation of a countrys sovereignty and is not illegal in any other way, as long as it is provided impartially for the humani- tarian purpose of saving life and alleviating suffering. The Conventions and their Additional Protocols also establish the obligation of states and other parties to armed conflicts to ensure that impartial humanitarian organizations that operate in areas under their control are given access to civilians or non-combatant members of armed groups in order to assist them.They also lay down the obligation to facilitate the delivery of aid by other means. These obligations have been confirmed by the United Nations in General and resolutions. The General has subsequently also called upon states and other parties to guarantee humanitarian organizations access in connection with humanitarian disasters in general, and not only in connection with armed conflicts. The instruments of international law that apply to responses to natural disasters and other disaster situations are, to some extent, different from those that apply to armed conflicts. They are also less uniform and consist largely of bilateral intergovernmental agreements rather than treaties and other multilateral agreements. All in all, however, the principles expressed in the instruments relating to disasters are the same as in those that apply to armed conflicts. The first time the UN explicitly laid down an obligation to assist persons compelled to flee their home countries was in Resolution 429 (V) of 1950, which mandated the drafting of the Convention relating to the Status of Refugees of 1951. The Convention and its Additional Protocol of 1967 constitute the basic instruments of international law for the protection of refugees.The UN human rights conventions provide additional protection. The Refugee Convention also gives the United Nations High Commissioner for Refugees (UNHCR) a , unique mandate to protect people defined as refugees within the meaning of the Convention. Like the other UN agencies that are involved in emergency aid, the UNHCR concentrated initially on helping people in need in the aftermath of World War II. Other international humanitarian aid was provided mainly by the International Red Cross and Red Crescent Movement. As a result of a series of humanitarian crises, especially in , in the mid-1960s notably during the civil war in in the latter half of that decade several member states proposed that the UN should broaden and expand its emergency aid. The UN set up its first emergency relief coordination office in 1971.The UN Secretariat, and the UNHCR, the Programme (WFP) and in particular, have subsequently assumed a leading coordinating and implementing roll in international humanitarian aid. The first coordinated expression of the international communitys duty to assist disaster victims was formulated in General (XXV) of 1970 and especially 2816 (XXVI) of 1971. The title of the latter Resolution is Assistance in cases of natural disaster and other disaster situations. It recognized the necessity to ensure prompt, effective and efficient response to a Governments need for assistance, at the time of a disaster or disaster situation, that will bring to bear the resources of the United Nations system, prospective donor countries and voluntary agencies. The most recent document on this theme is the pivotal Resolution 46/182 of 1991 on humanitarian assist- ance. The Resolution the text of which was negotiated partly under Swedish leadership was adopted unanimously without a vote and cre- ated several of the main institutions within the framework of the UNs coordination of international humanitarian aid. The Resolution applies both to armed conflicts and to natural disasters and other disaster situations. The principle of impartiality with regard to humanitarian aid is clearly laid down in international law. It is set out in the Conventions common Article 3 and expanded in () commentary on the Conventions; the ICRCs opinion great weight in view of its unique status as interpreter of international humanitarian law, which is partly due to its mandate under international law. Furthermore, the UN General and have on many occasions referred to the principle in their resolutions, e.g. in Resolution 46/182. The legal basis of the principle of impartiality is also confirmed in the above- mentioned judgment of the International Court of of 1986. The validity of neutrality as a principle underlying humanitarian aid has been established, inter alia, by the Assembly. The General affirmed the principle, in particular, in its Resolution 46/182 on humanitarian assistance. The relevant Assembly resolutions do not restrict neutrality to UN operations, but apply the principle to all humanitarian activities. In 1965, all the states parties to the Conventions, including , adopted neutrality as a basic principle of the humanitarian operations of the International Red Cross and Red Crescent Movement, thus affirming the importance they attached to the principle in the context of international humanitarian aid. The principle of independence has only become a frequent topic of legal discussions and documents relating to international humanitarian aid in the last few years. The UN General recognized the principle in 2003 in its Resolution 58/114 on emergency humanitarian assistance. Each state is responsible for respecting and implementing human rights at the national level. When humanitarian aid is provided or supported by third states, this must take place in such a way as to promote respect for human rights, particularly as set forth in the of 1948 and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, both of which were adopted in 1966. Assistance is given, in particular, to protect the right to life and security of person and to food, clothing, housing and care and social security in cases where these rights are jeopardized by a disaster situation. In 1998 the UN brought together the provisions of international law and international norms relating to internally displaced persons in a set of Guiding Principles on Internal Displacement. The point of departure for the governments humanitarian aid policy is that every state has primary responsibility for meeting humanitarian needs that arise within its borders. In the event that the central government or other institutions of a country are unwilling or unable to meet this responsibility, the governments view is that external organizations and states that have the necessary capacity have a duty, in accordance with international law and established practice in inter- national humanitarian aid operations, to provide support for action to meet these needs, if possible with the consent of the state in which the needs exist. This duty is often called the humanitarian imperative. The governments humanitarian aid policy is based on the Conventions of 1949, their Additional Protocols of 1977 and other instruments of international humanitarian law, refugee law, human rights, legal instruments relating to natural disasters, and accepted international practice in this area. This policy is guided by the humanitarian principles of humanity, impartiality, neutrality and in- dependence. Humanity refers to alleviating suffering wherever it is found. Im- partiality refers to the implementation of humanitarian action solely on the basis of need, without discrimination on the grounds of other factors such as sex, ethnic affiliation, religion or political views. Neutrality means that humanitarian action and those who implement and support it must not favour any side in an armed conflict or political dispute where such action is carried out. Independence means autonomy in relation to the non-humanitarian objectives that donors, recipients or other parties may have with regard to crises where humanitarian action is being implemented. The UN has a central and unique role in directing and coordinating international humanitarian aid, which is assigned to it, in particular, by the abovementioned General 46/182. Red Cross and Red Crescent Movement has a special status. This applies especially to in view of the task assigned to the organization by the Conventions with regard to humanitarian aid and protection and to the monitoring of compliance with international humanitarian law. NGOs have a vital role in implementing humanitarian action. Humanitarian aid differs from long-term development cooperation mainly in two ways. First, as mentioned above, its principles and approach are to a large extent enshrined in international law. Second, the object of humanitarian aid is to alleviate acute suffering. In principle, it should be discontinued when the immediate needs of an affected population have been met and conditions have been restored to a situation similar to that before the outbreak of the disaster. Nevertheless, humanitarian aid can have a beneficial effect on develop- ment, as the government points out in the on global development policy mentioned above.To an overwhelming extent, the suffering caused by armed conflicts and natural disasters affects the populations of developing countries. When a disaster occurs, it is usually the most vulnerable and poorest people who suffer most. The harm they suffer makes it even more difficult for them to build decent lives for themselves. Speedy, well-executed humanitarian action can minimize the damage to development that may be caused by a disaster, for example by maintaining public health standards, or school education and other everyday activities for children. In order to minimize the damage, countries must also have the capacity for domestic and local relief operations which should be, and often are, much quicker and more effective than international aid following a disaster. It may therefore be necessary to take measures to support domestic preparedness, especially for natural disasters, such as strengthening national rescue services and setting up emergency supply stocks. Such measures can lessen the risk of human suffering not only in the immediate post- disaster phase, but may also eliminate future costs in the form of lost opportunities for personal development, protracted trauma injuries, damage to property etc. Likewise, preventive development-oriented measures can help to prevent or resolve protracted humanitarian crises that may appear to be caused by sudden natural disasters, but are in fact due, or in part, to policy failures. For example, the effects of flooding may be greatly exacerbated by deforestation and other inappropriate land use. Recurring deficits of agricultural or other essential products may be due to flawed agricultural or trade . Long-drawn-out refugee situations can in some cases be resolved by long-term measures to enable refugees to integrate into the communities to which they have fled instead of continuing to live in refugee camps. It is, in any case, important to support development measures as soon as possible in areas that seem likely to recovery from a disaster situation, if necessary within the framework of development co- operation, in order to reduce the risk of permanent damage or further deterioration. In addition, sound economic and social development can reduce the likelihood of damage being caused, in particular, by natural disasters, since such development can generate more resources to strengthen domestic efforts to improve prevention and preparedness structures. The governments support for humanitarian aid reinforces its human security policy. The security of the individual plays an important role in the governments approach to security. Speedy and effective humani- tarian aid can in many cases be the best response in order to assure the safety and survival of vulnerable population groups.