Disaster Relief and Humanitarian Assistance Humanitarian Negotiation with Armed Groups Dr. Paul Forage IRCC Center for Disaster Relief and Humanitarian Assistance

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. IRCC Center for Disaster Relief and Humanitarian Assistance

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 IRCC Center for Disaster Relief and Humanitarian Assistance

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 IRCC Center for Disaster Relief and Humanitarian Assistance

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: Ensuring the provision of protection and assistance to vulnerable groups Preserving humanitarian space Promoting respect for international law IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance 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 IRCC Center for Disaster Relief and Humanitarian Assistance

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 IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance 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. IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance 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 IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance 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 IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance 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 IRCC Center for Disaster Relief and Humanitarian Assistance

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 IRCC Center for Disaster Relief and Humanitarian Assistance

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 IRCC Center for Disaster Relief and Humanitarian Assistance

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 IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries 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” IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries 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….” IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries Common Article 3 of the Geneva Conventions “Persons taking no active part in the hostilities…shall in all circumstances be treated humanely….” IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries 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….” IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries Six Subject Areas of IHL Principle of Distinction Weapons Protected Persons Treatment of Civilians Methods of Warfare Implementation IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries How Does IHL Help Humanitarian Negotiation? Defines boundaries within to seek agreement Frames legal obligations of armed groups Identifies substantive issues for negotiation Provides benchmarks Provides incentives IRCC Center for Disaster Relief and Humanitarian Assistance

Negotiation Preliminaries Framing Legal Obligations Legal basis for holding groups accountable Awareness not threats Tribunals do hold groups accountable Provides entry points for discussion Cultivation of a positive image IRCC Center for Disaster Relief and Humanitarian Assistance

Three Phases of Negotiation Preparation - Coordinate Approach, Decide on Strategy, Gather Information Seeking Agreement - Process, Issues, Outcomes Implementation - Define Criteria for Implementation IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance Making Contact Contact is best facilitated by intermediaries Intermediaries can include: Church representatives Other Humanitarian organizations Community leaders Business persons Intermediaries can be useful sources of information. IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance Exercise ROE Little or no physical contact Always obey orders (esp. if armed) Follow safety instructions Do not argue - discuss IRCC Center for Disaster Relief and Humanitarian Assistance

IRCC Center for Disaster Relief and Humanitarian Assistance Questions? IRCC Center for Disaster Relief and Humanitarian Assistance