HUMANITARIAN ASSISTANCE FROM THE PERSPECTIVE OF DIPLOMACY Setsuko KAWAHARA Professor, Graduate School of Law, Hitotsubashi University (Former Director, Humanitarian Assistance and Emergency Relief Division, MOFA ) *All views expressed are purely personal ones and don’t represent the government at all.
IHL and HA ●IHL and HA = 2 sides of 1 coin • History: “Un Souvenir de Solferino” by Henry Dunant • Humanitarian catastrophe + realistic view (war can’t be abolished) • Resolution of Geneva International Conference, 1863 (establishment of a Committee to assist Army Medical Service for treatment of wounded soldiers) 1st organization for HA • Geneva Convention, 1864 (military hospitals shall be neutral + wounded combatants, regardless of nationalities, should be cared for and returned. ) 1st IHL ●Common objective: mitigate the human damages & sufferings ●Difference: IHL(armed conflicts)vs. HA(armed conflicts + natural disasters)
Change of focus in IHL and HA • Traditional war: soldiers vs. soldiers in war fields • Focus: mitigate damages and sufferings of soldiers
War field
• Modern war: devastating damage by modern weapons ⇒civilian casualties (unintentional) • Internal conflicts in post Cold War: ⇒attack to civilians and hindrance of HA as strategic means ・Focus: mitigate damages to civilians
Main actors of IHL and HA IHL
• ICRC(guardian+promotion) • Governments(create IHL, interpret and implement IHL) • Parties to the conflict(obliged to respect and comply with IHL)
・Everybody should work together! ・Many common basic principles and guidelines were created.
HA
• ICRC, IFRC, national societies • UN organs(UNICEF, UNHCR, WFP, UNOCHA, UNRWA etc.) • Governments • NGOs(international, domestic) • Private sector(donation + in-kind contribution) • Citizens(donation)
HA by governments: 3 tools(Japan’s case) ①Personnel/team • Natural disaster: Rescue, medical team + SDF(medical, transportation) JDR Act • Armed conflict: necessary personnel + SDF(transportation etc.) ②Relief goods/equipment • Natural disaster: tent, blanket, generator, water purifier etc. PKO Act JICA Act • Armed conflict: same as above ③Funding • Natural disaster & conflict: funding to international organizations, ICRC, IFRC, affected governments, NGOs.
Funding Mechanism citizen/tax payer donation
donation
UN agencies
donation
Budget from taxation
contribution
Governments
contribution
Red Cross
contract
NGOs
contribution
Coordinationcc on the ground! affected people/government
blue line : financial flow, red line : delivery of services 6
Global Principles on HA ●Fundamental Principles: Neutrality, Independence, Impartiality, Humanity ⇒NIHA (4 among 7 principles agreed at international conference, 1965 ) ●Basic Principles on HA by governments: based on the request/consent of the government of the affected country ⇔unlawful intervention ●Principles on HA by military ①based on the request/consent ②last resort(only in cases civilian capacity can’t meet the humanitarian needs) ③in principle, unarmed ●Principles on Funding by governments(Good Humanitarian Donorship) ①based on the needs Related to NIHA Principles ②speedy, flexible funding ③preferably un-earmarking
Challenge 1 : consent of the government ●2/27 (Sat) Earthquake, M 8.8 at 3 p.m.(Japan T) ・Japan offered assistance by diplomatic channel ・Statement of President on TV: ①78 deaths, ②will not accept/request foreign assistance ●2/28 (Sun) • Strong domestic criticism to the statement • Increase of victims to 700 deaths • Domestic pressure to receive assistance ●3/1(Mon) • Diplomatic Note requesting GOJ to send “field hospital(hospital campagna)” • Decided to send a medical team, it departed Narita ●3/2(Tue) • Chili declined to accept the medical team
27 February, 2010, Chilean earthquake
Challenge 2: security of HA workers • 13 Jan(Japan T), 2010 Haiti Earthquake (M 7.0) • Immediately decided on financial contribution & relief items • News: collapse of UN office, death of the Head of MINUSTA and many UN staff, break up of jails, thousands of prisoners escaped • Japan’s Law: prohibition on carrying arms by police and SDF staff when deployed for HA in natural disasters • Gave up deployment of the rescue team • In stead, decided the deployment of a civilian medical team & SDF medical unit (protected by foreign PKO troops)
UN Headquarters in Haiti, January 2010
Challenge 3: neutrality and impartiality • Governments play a crucial role as donors in making financial assistance • Ideal: completely neutral, impartial, purely based on needs assessed by HA organs ⇒no-earmark, rely on HA organs • Reality: accountability (difficulty in explaining needs and outcomes), diplomatic priority + tax payer’s views (e.g. DPRK) • How to strike a balance between HA principles and diplomacy (=pursue national interests)
Total ODA ranking
HA funding
?
US
US
6.5%
UK
UK
10.8%
France
Japan
10.8%
Germany
Sweden
54.1%
Japan
Norway
48.8%
Spain
Spain
10.8%
Canada
Australia
8.2%
Norway
Germany
18.1%
Sweden
Netherlands
38%
Australia
Switzerland
51.8%
OECD/DAC statistics 2010 (ODA and HA funding) UNOCHA financial tracking service (2010 for non-earmarking)
Thank you for your Attention!
Any question?