1. PROTECTION TRAINING DAY 1
Facilitators:
Names go here
Date and location go here

2. TRAINING OUTLINE DAY ONE
09: :30 Welcome and introductions Defining protection 10: :00 Break 11: :40 A CRS holistic approach to protection 12:40 - 1:40 Lunch 1:40 - 3:20 The legal framework 3:20 - 3:40 Break 3:40 - 5:00 Protection actors
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3. LEARNING OBJECTIVES Define humanitarian protection;
Articulate why protection is a priority for CRS;
Articulate CRS’s foundations for engaging in protection, starting with CST;
Establish linkages and complementarities between CRS principles and protection;
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4. LEARNING OBJECTIVES
Identify international legal standards and principles for humanitarian protection;
Outline the roles and responsibilities of the key players in protection;
Identify cross-cutting themes in protection;
Demonstrate an understanding of the importance of accountability to our beneficiaries.
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5. Defining Protection 5 5
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6. CRS AND PROTECTION It’s part of the 2007 – 2010 Emergency Strategy
Excerpt: “further explore and expand our role in protection in order to improve the balance on that side of the humanitarian action (assistance and protection) equation.”
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7. What is protection? Who needs protection? From what? By whom?
What is protection? “all activities aimed at ensuring the full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law”
Who needs protection? civilian men, women and children, prisoners of war, wounded combatants, refugees, humanitarian workers, medics, religious personnel, journalists are all protected under international humanitarian law). Ensure participants understand the difference between ‘vulnerable’ groups and categories of people defined by international law as having rights
Protection from what? deliberate acts of violence such as rape, deprivation of war such as hunger, disease, exhaustion from impoverishment, deprivation, displacement, destitution that war forces upon people and limited movement or restricted access
By whom? States, mandated UN agencies such as UNHCR, international mandated humanitarian agencies such as ICRC and informally mandated humanitarian organisations such as CRS
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8. DEFINING PROTECTION
ICRC Definition “all activities aimed at ensuring full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law i.e. human rights law, international humanitarian law, refugee law.”
The purpose of protection was defined as follows at the protection workshop conducted by the ICRC in 1996:
The concept of protection encompasses all activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law (i.e., human rights, humanitarian and refugee law).
Protection activity was defined as:
Any activity – consistent with the above-mentioned purpose – aimed at creating an environment conducive to respect for human beings, preventing and/or alleviating the immediate effects of a specific pattern of abuse, and restoring dignified conditions of life through reparation, restitution and rehabilitation.
Explain that the workshop process involving some 50 humanitarian organizations and human rights agencies was initiated in 1996 by the International Committee of the Red Cross and continued in subsequent years with a view toward examining legal, practical and policy issues relevant to protection work, including achieving a widely acceptable consensus regarding a definition of protection. The objectives also included attempts to develop ethical guidelines for protection work, establish professional standards governing humanitarian action in the field of protection, and promote complementarity among organizations working in protection and to enhance the quality of their dialogue. The participants defined protection in terms of its purpose (what is protection all about?), and its activities (what type of activity is a protection activity?).
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9. DEFINING PROTECTION
“Assistance and protection are the two indivisable pillars of humanitarian action.”
From: The Sphere Handbook
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10. Protection is not just an academic concept
Why does this little boy have his face covered?
This is also a protection issue. CRS believes that all human beings, by virtue of their humanity are endowed with dignity. As such, we look to ensure that everything we do upholds the dignity of the people we serve, including the children with whom we work. This is why CRS has developed guidelines regarding the use of images of children and when permission(s) need to be secured from parents or guardians, to use their image.
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11. Questions?
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12. A CRS Holistic Approach to Protection12
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13. DEFINING PROTECTION – A HOLISTIC APPROACH
Safety
Dignity/Freedom
Integrity
Empowerment
Rights-based
SAFETY: Effective protection helps people to stay safe. Good humanitarian work is as much about securing personal safety as it is about giving humanitarian assistance.
DIGNITY: All kinds of violations and abuses are attacks on the dignity of the person. To keep one’s dignity is often the highest priority for people enduring war and disaster. If people lose a sense of themselves as valuable human beings, they are close to losing everything.
INTEGRITY: It captures the importance of a person’s essence as a human being as a combination of physical, emotional, social, cultural and spiritual attributes.
EMPOWERMENT: Protection is fundamentally about people. It is a mistake to think about states, authorities and agencies as the sole actors in the protection of populations at risk. People are always key actors of their protection.
RIGHTS-BASED: the rights and obligations approach is rooted in the binding treaties and conventions of international law.
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14. PRINCIPLES OF JUSTICE FROM CST
The dignity and equality of the human person
Rights and responsibilities
The common good
Solidarity
Preferential option for the poor
Subsidiarity and stewardship
There is a fundamental difference in terms of the understanding the principle of rights and responsibilities in Catholic Social Teaching that illustrates how the term “human rights” is simply inadequate to describe CRS’ understanding of its role, on the “protection” side of the assistance/protection debate. In brief, Catholic Social Teaching understands human rights as moral claims that each person is able to make on a variety of goods and necessities because of his or her human dignity. These rights are essential to the protection of human dignity and provide the minimum conditions necessary for living in a just society. They belong to all human beings regardless of any social or political structure, and cannot under any circumstances be surrendered or given away. The individual’s rights are numerous and encompass every aspect of one’s life. But these rights are intrinsically bound to corresponding responsibilities of all individuals. By our very nature, we have duties towards ourselves, one another, our families, local and other communities, and to the larger society. These responsibilities are not contingent upon our participation in society or within a particular community. Rather, our responsibilities stem from our individual rights. For one individual to have rights, other individuals must respect and promote that person’s rights. It is important to point out that CRS’ understanding of justice goes beyond protection of human rights in conflict situations to the active promotion of transformations within societies that would prevent future human rights abuses by cultivating a culture of peace, respect and dignity. This perspective on human rights is further explored below. Therefore, it is important to point out that CRS’ understanding of justice goes beyond protection of human rights in conflict situations to the active promotion of transformations within societies that would prevent future human rights abuses by cultivating a culture of peace, respect and dignity. For this reason, the term justice is preferred by CRS to human rights.
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15. PRINCIPLES OF HUMAN RIGHTS
Human rights are founded on the respect for dignity of each person.
Human rights are universal
Human rights are inalienable
Human rights are indivisible, interrelated and interdependent
Human rights are founded on respect for the dignity of each person.
Human rights are universal, meaning that they are applied equally and without discrimination to all people.
Human rights are inalienable, in that no one can have his or her human rights taken away or suspended other than in specific situations – for example the right to liberty can be restricted if a person is found guilty of a crime by a court of law.
Human rights are indivisible, interrelated, and interdependent, for the reason that it is not sufficient to respect some human rights and not others. In practice, the violation of one right will often affect the respect of several other rights.
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16. Questions?
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17. The Legal Framework 17
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18. WHO IS PROTECTED BY LAW? Civilian men, women, and children
People who are not taking an active part in conflicts (non-combatants)
Refugees
Internally displaced persons (IDPs)
Humanitarian workers
Religious personnel
Then explain that this session will look at the protected people and how the different international legal systems provide the normative framework for their protection. The extent/in depth coverage of the different topics presented (IHRL, IHL, Refugee Law and Guiding principles on internal displacement) will depend upon the participants’ learning needs and their operating context.
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19. A LEGAL FRAMEWORK FOR HUMAN RIGHTS
International Human Rights Law
International Humanitarian Law
National Constitutions and national law
International Refugee Law
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20. LEGAL RESPONSIBILITIES
For every right…
…there is a corresponding duty
Explain that international law imposes duties on States (they have the primary responsibility for protection and assistance of their civilians and host governments have the primary responsibility for protection and assistance of refugees). UN agencies have more formal responsibilities for protection and assistance, defined in conventions, and other humanitarian agencies have informal imperatives to protect and assist.
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21. WHAT ARE HUMAN RIGHTS?
“Human rights are legitimate claims for the minimum civil, cultural, economic, political, and social needs that every human being has a right to enjoy because they are human.”
The formal expression of human rights is through international human rights law. A series of international treaties and other instruments have emerged since 1948 conferring legal form on inherent human rights. The creation of the United Nations provided an ideal forum for the adoption of international human rights instruments.
Other instruments have been adopted at a regional level reflecting the particular human rights concerns of the region.
Most States have also adopted Constitutions and other laws which formally protect basic human rights.
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22. GENERATIONAL HUMAN RIGHTS
First Generation Rights
Civil, Legal and Political Rights
Second Generation Rights
Economic, Social and Cultural Rights
Third Generation Rights
Collective Rights, Right to Development, Environmental Rights.
You can mention that the classification on human rights is quite recent, it goes back to the Karel Vasak who first introduced the classification in the ‘80s. Today it is accepted by most progressive human rights doctrine and scholars. It is based on the three principles of the French Revolution: liberty, freedom and fraternity. The division in three generations does not mean that there is any hierarchical distinction between the three categories of human rights.
First Generation Rights:
Civil rights provide minimal guarantees of physical and moral integrity and allow individuals their own sphere of conscience and belief.
Legal rights are normally classified as “civil” rights. They provide procedural protection for people dealing with the legal and political system.
Political rights are necessary in order to participate in the life of the community and society.
Second Generation Rights:
Social rights are those that are necessary for full participation in the life of society.
Economic rights reflect the fact that a certain minimal level of material security is necessary for human dignity.
Cultural rights refer to a community’s cultural “way of life”.
Third Generation Rights:
Collective rights, right to development, environmental rights.
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23. SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW
Universal Declaration of Human Rights (UDHR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
The formal expression of human rights is through international human rights law. A series of international treaties and other instruments have emerged since 1948 conferring legal form on inherent human rights. The creation of the United Nations provided an ideal forum for the adoption of international human rights instruments.
Other instruments have been adopted at a regional level reflecting the particular human rights concerns of the region.
Most States have also adopted Constitutions and other laws which formally protect basic human rights.
Explain that the full body of international human rights instruments consists of more that 100 treaties, declarations, guidelines, recommendations and principles which together set out the international human rights standards.
The Universal Declaration of Human Rights: its adoption in was the first step towards the progressive codification of international human rights. The UDHR recognises that the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world. It recognises fundamental rights which have inspired more than 100 human rights instruments which, taken together, constitute international human rights standards. The declaration is not a binding document, but today, the UDHR is widely regarded as forming part of customary international law.
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24. SCOPE OF INTERNATIONAL HUMAN RIGHTS LAW
Apply everywhere all the time (in times of peace and conflict)
Impose duties on states to uphold, promote and fulfill the rights of citizens
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25. QUIZ!
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26. International Humanitarian Law
Or the “Laws of War” 26
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27. INTERNATIONAL HUMANITARIAN LAW
IHL is a set of rules seeking, for humanitarian reasons, to limit the effects of armed conflict.
IHL protects persons who are no or are no longer participating in the hostilities.
IHL restricts the means and methods of warfare.
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28. SOURCES OF INTERNATIONAL HUMANITARIAN LAW
Four Geneva Conventions
Article 3, common to all of the conventions, refers to internal armed conflicts [ ‘a mini convention’]
Two Additional Protocols
Four Geneva Conventions
First Convention - on the care of the wounded and sick members of armed forces in the field
Second Convention – on the care of the wounded, sick and shipwrecked members of armed forces at sea
Third Convention – on the conduct of combatants and the treatment of prisoners of war
Fourth Convention - on the protection of civilian persons and populations in times of war
Two Additional Protocols
Address internal conflict.
Provides provisions and guarantees relating to relief activities in times of conflict
Explain that the Geneva Conventions and Two Protocols protect those who are not, or are no longer, taking part in fighting: civilians, medical and religious personnel, wounded, shipwrecked, sick and prisoners of war. They also prohibit all means and methods of warfare which: fail to discriminate between combatants and non combatants; cause unnecessary injury or suffering, and cause severe or long-term damage to the environment. Explain that internal conflicts have highlighted the importance of protecting civilians. Common Art.3 to the four Conventions and Additional Protocols states what constitute a minimum of humane treatment and acts which are prohibited at all times and in all places: violence to life of person, in particular murder of all kinds, mutilation, cruel treatment and torture, taking hostages, outrages upon personal dignity, in particular, humiliating and degrading treatment, the passing of sentences and carrying out of executions without previous judgment pronounced by regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilized peoples
Explain that Common Art.3 is part of customary law.
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29. INTERNATIONAL HUMANITARIAN LAW PROTECTS...
Those who are not, or no longer, taking part in fighting (non-combatants)
IHL prohibits all means and methods of warfare which:
fail to discriminate between combatants and non combatants
cause unnecessary injury or suffering
cause severe or long-term damage to the environment
The protection of those who are not, or are no longer, taking part in fighting
civilians, medical and religious medical personnel
wounded, shipwrecked, sick and prisoners of war
Prohibits all means and methods of warfare that
fail to discriminate between combatants and noncombatants
cause unnecessary injury or suffering
cause severe or long-term damage to the environment
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30. Scope of International Humanitarian Law
Applies in times of conflict …but not in peace times
Imposes duties on states and warring parties
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31. International Refugee Law31
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32. WHO IS A REFUGEE?
“Any person who owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it”.
1951 Convention on the Status of Refugees
The rules governing the rights of refugees are codified in the 1951 UN Convention on the Status of Refugees and the 1967 Additional Protocol. Refugees enjoy first and foremost the protection afforded to them by refugee law and the mandate of the UNHCR.
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33. THE PRINCIPLE OF NON-REFOULEMENT
A refugee has a right to be protected against forcible return. Art .33 (1)
“…no refugee shall be sent (back) to a country in which his or her life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion; or where there are substantial grounds for believing that s/he would be in danger of being exposed to torture”
The prohibition of refoulement is part of international customary law.
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34. THE RIGHT TO SEEK ASYLUM
Art.14 (1) UDHR
“Everyone has the right to seek and enjoy in other countries asylum from persecution”
Asylum means basic protection for a temporary period, with the possibility of staying in the host country until a solution outside that country can be found.
UDHR = Universal Declaration of Human Rights
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35. SOURCES OF REFUGEE LAW The instruments include:
the 1951 United Nations Convention Relating to the Status of Refugees modified by the 1967 Protocol Relating to the Status of Refugees,
the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
the 1984 Cartagena Declaration on Refugees for Latin America
Explain that the rules governing the rights of refugees are codified in the UN Convention on the Status of Refugees and the 1967 Additional Protocol. Refugees enjoy first and foremost the protection afforded to them by refugee law and the mandate of the UNHCR. Mention that the Organization of African Unity in 1996 has expanded the definition to embrace all situations of displacement owing to external aggression, occupation, foreign domination or events seriously disturbing public order, in part or the whole of his/her country (Organisation of African Unity ).
Explain that according to the 1951 Convention and the 1967 Protocol ,refugees are entitled to a series of rights which are crucial for their protection and that should be granted during the displacement, such as:
Right to life, liberty and security of person
Right to seek and enjoy asylum
Freedom form torture, inhuman and degrading treatment
Freedom from slavery and servitude
Recognition as a person before the law
Freedom of thought, conscience and religion
Freedom from arbitrary arrest and detention
Freedom from arbitrary interference in privacy, home and family
Freedom of opinion and expression
Right to be educated
Right to participate in the cultural rights of the community
But first and foremost comes the principle of non-refoulement. Explain that non-refoulement means the right not to be forcibly returned to a country where his/her life would be threatened.
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36. WHO IS AN IDP?
“IDPs are defined as those persons forced or obliged to flee from their homes, “…in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an international recognized State border”
IDP Guiding Principles, 1998
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37. DO IDPS HAVE SPECIFIC RIGHTS?
IDPs shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country.
IDPs should not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.
Explain that IDPs shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country. And those IDPs should not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.
Explain that national authorities- the State- have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction. Internally displaced persons have the right to request and receive protection and humanitarian assistance from these authorities. They should not be punished for making such a request.
When the State concerned is unable or unwilling to provide the required humanitarian assistance, international humanitarian organizations and other actors have the right to offer their services in support of the internally displaced. The State can not arbitrarily withhold consent and shall grant and facilitate the free passage of humanitarian assistance and grant persons engaged in the provision of such assistance rapid and unimpeded access to the internally displaced.
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38. THE GUIDING PRINCIPLES FOR IDPS
Framework to guide anyone working with IDPs
Is not legally binding, but analogous with refugee law
Rights of the displaced
Obligations of national authorities
Obligations of international authorities
History
The IDP guiding principles were developed at the request of the UN Commission on Human Rights by Francis Deng, the Special Representative of the Secretary General of the UN. Appointed in 1992 – Principles came out in 1998.
Even though the Principles themselves are not legally binding, the rights contained within them generally are – because they are included in treaties that states have ratified or because these rights are part of customary law that applies to everyone.
Rights
The Guiding Principles do not provide for additional rights than those belonging to citizens or all people. However, they do distinguish displaced people for their unique situation of loss and threat to life and home.
International law
There is no legal document for internally displaced people like the 1951 Refugee Convention – with rights particular to refugees.
The Guiding Principles do not constitute international law – they have not been established, signed, ratified by states like the Convention on the Rights of the Child, for example. However, IDP rights are supported by legally binding documents.
In reality
The objective of this document is to guide states, authorities, NGOs, etc. But there are states that are reluctant to accept the Principles. (why?)
In theory, principles apply to non-state actors. In some contexts, it’s hard to get these actors to respect the principles. What do you think?
There’s a gap between reality and the ideal that’s sought by international law and the guiding principles. It’s like criminal law: it’s illegal to steal and yet thieves continue to do so. What’s the point then of having these laws? They define what behavior we have all agreed is acceptable – and what is not.
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39. REFUGEE?
…crossed an international state border? …moved to another country in order to get a better job? …fled and crossed an international state border owing to persecution for political beliefs? …fled owing to a natural disaster? …fled while still a member of the armed services? …fled having committed a serious crime?
Run this as fun quiz - do these statements describe refugees?
Answers
…crossed an international state border? - this could be a tourist!
…moved to another country in order to get a better job? – no, probably an economic migrant
…fled and crossed an international state border owing to persecution for political beliefs? - no, not yet anyway, an asylum seeker who will need to go through a refugee status determination
… fled owing to a natural disaster? – no, this falls outside the definition in the 1951 convention (although could relate to IDP status)
…fled while still a member of the armed services? no
…fled having committed a serious crime? No - do not get into legal debate on this one about what type of crime etc. - it is just a general principle
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40. IDP?
…moved to another country in order to get a better job? …fled but remained in their own country owing to persecution for political beliefs? …fled but remained in their own country owing to a natural disaster? …been forcibly moved by the state for their own safety?
Run this as the previous slide - do these statements describe IDPs?
Answers
…moved to another country in order to get a better job? - IDPs status comes from the fact they are still within their own country
…fled but remained in their own country owing to persecution for political beliefs? - could be
… fled but remained in their own country owing to a natural disaster? - could be
…been forcibly moved by the state for their own safety? - could be, and also it should be noted that states have the right to move people when it is for their own security although, of course, there have been instances of states abusing this
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41. WHY CLASSIFY IDPS?
As a result of their displacement IDPs may have additional vulnerabilities, such as loss of livelihood and security of food.
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42. PROTECTION NEEDS RELATED TO SPECIFIC VULNERABLE GROUPS
Gender (SGBV)
Age (children, adolescents, elderly)
Diversity (ethnic minorities)
Disabilities (physical, mental)
Health (HIV/AIDS)
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43. THE LEGAL INSTRUMENTS QUIZ
Human Rights Law
Humanitarian Law
Refugee Law
Example of Documentary Source
The International Bill of Rights
The Geneva Conventions
The Convention on the Status of Refugees
Core Ideas
The right to life with dignity
The distinction b/w combatants and noncombatants
Principle of non-refoulement
Who has rights?
Everyone
Noncombatants in conflict
Refugees, but not IDPs
Who has duties?
States (legally) but everyone’s (morally)
States and warring parties
States where refugees reside
When do they apply?
Most apply always, some don’t in states of emergency
In armed conflicts only
Wherever refugees exist
Aim: To show people what are the foundations of the principles of the Humanitarian Charter (human rights, humanitarian and refugee law), and to help them distinguish more clearly between the three.
It might be easier to see the distinction by thinking of humanitarian law as the “laws of war.” They do not apply in peace time, although human rights do apply in war time. Each of the principles in the charter comes from a source (treaty, declaration or convention) in international legal instruments. Each of those instruments is designed to protect certain people in certain situations. Essentially human rights law defines the relationship between states and their citizens in times of peace, humanitarian law in times of war, and refugee law in times of refugee situations. For each of the treaties, there are duties to respect the rights. Most apply always, however, under human rights law, some civil and political rights are “derogable” which means a state is entitled to derogate from or temporarily suspend protection of these rights during states of emergency. For example, the right to freedom of movement can be suspended during a state of emergency, allowing a state to impose curfews.
This is a summary exercise. Distribute handout 7 and have the participants fill in the boxes before you show this slide. If you use a data projector and PowerPoint, you can show one box at a time.
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44. Questions?
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45. Protection Actors 45
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46. Who Protects: Actor Map
NGOs
UN AGENCIES
STATES
HOST COMMUNITIES
BENEFICIARIES
Protected People
LOCAL PARTNERS
REGIONAL BODIES
RED CROSS AND RED CRESCENT
COMMUNITIES
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47. Questions?
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