Growing the Sheltering Tree Growing the Sheltering Tree

Published by UNICEF,on behalf of the IASC —Inter-Agency Standing CommitteeCorrespondence can be directed to:The Secretariat for theInter-Agency Standing Committee (IASC)United NationsRoom PN 127Palais des NationsCH–1211, Geneva 10SwitzerlandGrowing the Sheltering Treeprotecting rights through humanitarian actionPROGRAMMES & PRACTICES GATHERED FROM THE FIELDGrowing theSheltering TreeGrowing the Sheltering Treeprotecting rights through humanitarian actionGrowing the Sheltering Treeprotecting rights throughhumanitarian actionThere is no freedomfrom want here;no freedom from fear.The danger has notpassed; there is nopromise of peace inthis long war.The members of the IASC invite and encourage allhumanitarian actors to comment on the collection offield practices presented in the book, add any relevantexperiences they have gained through their own work,and provide feedback on what kinds of activities haveworked in what situations. To this end, the followingwebsite can be consulted:http://www.reliefweb.int/iasc/rghr.htmlchapter 1Introduction.We Work & We Witnesschapter 2Humanitarian Assistance& Protection: Developingan Integrated Approachchapter 3Broader Initiatives&Approaches toStrengthen the ProtectionEnvironmentYou ask: Who willprotect them?And then you askyourself:Is there not more thatI can do?Copyright © 2002Inter-Agency Standing Committee (IASC)ISBN: 92-806-3762-2chapter 4Preserving & ProtectingLife, Health & Dignitythrough HumanitarianActionchapter 5Practices That Promote&Protect the Rights ofSpecific Groupschapter 6Remedial Activities&Action to EnsureAccountabilityPROGRAMMES &PRACTICES GATHEREDFROM THE FIELDPROGRAMMES &PRACTICES GATHEREDFROM THE FIELDiascDesign by oks new yorkPrinted in ThailandProduced with environment-friendly materials.© Inter-Agency Standing CommitteeiascInter-Agency Standing Committee

Cover Photo:© SEBASTIAO SALGADO ⁄ AMAZONAS IMAGESCroatia, 1994Refugee children from conflict in other parts of the former Yugoslavrepublics live in a nearby camp or in what remains of the town of Turanjin Croatia. The town was largely abandoned after fighting betweenethnic Serb and ethnic Croats in 1991.

Growing the Sheltering Treeprotecting rights through humanitarian actionprogrammes & practices gathered from the field

Published by UNICEF,on behalf of the IASC —Inter-Agency Standing CommitteeCorrespondence can be directed to:Secretariat of the Inter-AgencyInter-Agency Standing Committee (IASC)United NationsRoom PN 127Palais des NationsCH–1211, Geneva 10SwitzerlandCopyright © 2002 Inter-Agency Standing Committee (IASC)ISBN: 92-806-3762-2Design by oks new yorkPrinted in ThailandProduced with environment-friendly materials.

Growing the Sheltering Treeprotecting rights through humanitarian actionInter-Agency Standing Committeeprogrammes & practices gathered from the field

Photocopies of all or part of this publication may bemade providing that the source is acknowledged.Requests for commercial reproduction of Growing theSheltering Tree should be directed to the IASC as copyrightholders. The IASC would appreciate receivingdetails of any use of this material in training, researchor programme design, implementation or evaluation.

Table of ContentsPrefaceA Note on the Generation of ThisCollection of Field PracticesXIIIXVCHAPTER 1WE WORK & WE WITNESSIntroduction1A.Humanitarian Assistance & Protection:Two Sides of the Same Coin5B.Preventing Discrimination: A CriticalComponent of Protection Work forHumanitarian Organizations8C.Toward a Shared Definition ofProtection11D. Modes of Action in Protection13E.General Activities to Consider inProtection Planning16VII

CHAPTER 2HUMANITARIAN ASSISTANCE &PROTECTION: DEVELOPING ANINTEGRATED APPROACH21CHAPTER 3BROADER INITIATIVES & APPROACHESTO STRENGTHEN THE PROTECTIONENVIRONMENT57A.B.C.Leadership & Collaborative Workin Protection1.Headquarters-Level ProtectionPartnerships2.Country/Field-Level Models forPartnerships in Protection3. Global Information-SharingArrangements4.Protection Working Groups &Other Collaborative MeasuresNegotiating Access to PersonsUnder Threat & Ensuring the Rightto Humanitarian Assistance‘Conscious’ Presence: The StrategicImplementation of Programmes toPromote Protection & Prevent ViolationsD. Programme Process: Assessment,Planning & Evaluation1. Assessment & Analysis2. Early Warning & ContingencyPlanning3. Ongoing Assessment: Monitoring &Reporting4. Inclusion of People at Risk inProtection Planning5. Evaluation25252833343842495052525355IntroductionA.Dissemination of International Humanitarian,Human Rights & Refugee LawB. Capacity BuildingC.D.E.F.Inclusion of International HumanRights & Humanitarian LawConventions, Treaties & Standards andHumanitarian Principles in PeaceAgreementsWorking with Parties to the ConflictToward Respect for International Law &Humanitarian Principles1. Promotion of Ground Rules & Codesof Conduct Based on InternationalLegal Standards & HumanitarianPrinciples2. Special Protocols or Initiatives toAddress International Law and/orHumanitarian Principles & ViolationsProtection & Peacekeeping: Links toHumanitarian WorkSupporting Community-InitiatedProtection Strategies616374778181869093

CHAPTER 4PRESERVING & PROTECTINGLIFE, HEALTH & DIGNITY THROUGHHUMANITARIAN ACTION99IntroductionA.Family Unity & Tracing103106L.Preventing & Responding to ForcedRecruitment, Trafficking, Abduction andSlavery138B.C.D.Nutrition/Food Aid & Food SecurityWater & SanitationShelter & Site Planning110115116M. Preventing & Responding to the Takingof HostagesN.Preventing & Responding to AbusesRelating to Detention140142E. Health ServicesF. EducationG. Income GenerationH. Identification & Documentation118123127129O.P.Preventing & Responding to Violationsof Freedom of MovementPreventing & Responding toArbitrary Expropriation of Propertyor Discriminatory Property Laws145146I.J.Preventing & Responding to Threats toLife (Arbitrary or Summary Execution,Disappearances, Indiscriminate Attack)Preventing & Responding to Torture& Mutilation132134K.Preventing & Responding to SexualViolence135IX

CHAPTER 5PRACTICES THAT PROMOTE & PROTECTTHE RIGHTS OF SPECIFIC GROUPS151CHAPTER 3:BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTIONENVIRONMENTA.B.Practices to Promote & Protect theRights of Women & Girls1. Participation of Women inProgrammes & Political & CulturalLife2. Protection Against Forced Marriage3. Ending the Practice of Female GenitalMutilation4. Ensuring Girls’ & Women’s Right toEducation5. Preventing the Mobilisation ofWomen SoldiersPractices to Promote & Protect theRights of Children1. Inclusion of Children in Planning &Implementation2. Child Soldiers3. Unaccompanied Children4. Street Children5. Ensuring the Economic, Social &Cultural Rights of Children6. Meeting the Mental Health Needsof Children Affected by War &Displacement155155156158160160161161163164164165165C.D.E.Practices to Protect Displaced People1. Preventing Displacement2. Protection During Flight &Displacement3. Protection in Camps & SpecialSettings (i.e. Urban Areas)4. Protection During and After ReturnPractices to Promote & Protect theRights of the ‘Invisible Vulnerable’,Including Older PeoplePractices to Promote Staff Security &Protect Human Rights Defenders168169170171172175179

CHAPTER 6REMEDIAL ACTIVITIES & ACTION TOENSURE ACCOUNTABILITY185APPENDICES & INDEX207Introduction189Index207A. Justice: Ending ImpunityB. Truth CommissionsC. Reconciliation Projects & Programmes190192193Appendix 1. Selected On-Line Resources& Bibliography for Field PersonnelAppendix 2. Interact! How to Contact Uswith Your Ideas213217D.Demobilization, Disarmament &Rehabilitation197Acknowledgements219XI

PrefaceThose of us born in the twentieth century – the informationage – cannot claim we did not know of genocide,of atrocities committed in war, of the oppressionof peoples, of the exploitation of innocents. We cannotpretend ignorance of an epidemic linked topoverty and discrimination; we have seen the growinggap between rich and poor in a time of overwhelmingprosperity for a few.Humanitarian workers of all nationalities consistentlyresponded to cries for help. They found themselveson the front lines, and as they struggled to safeguardbasic rights to food, water, shelter, and medicalcare, they witnessed the deliberate starvation of civilians;abductions and slavery; the imprisonment andexecution of those of the ‘wrong’ ethnicity or religion;the humiliation of older people once revered; and thedestruction of culture and tradition.They came to realize that humanitarian assistanceinvolves far more than saving lives through the provisionof material aid. It includes saving lives in otherways: by helping people to realise rights not yetachieved, by empowering people to regain rights thathave been taken away – and by protecting people tothe best of one’s ability from suffering directly causedby armed conflict, repression and exploitation.Protection is now understood as encompassing allactivities aimed at obtaining full respect for the rightsof the individual in accordance with human rights,humanitarian and refugee law.This book describes some practical methods developed– often against overwhelming odds – to promoterespect for fundamental rights and human dignity.It is a testament to the ingenuity and courage ofhumanitarians, the majority of whom don’t fly in onjet planes but are members of affected societies.Humanitarians have begun to recognize that theimpact of protection is many times greater whenjoined with that of others, and that suffering peopleare not helpless victims but are fellow travellers whooften know the way but lack the means to get to theirdestination.Growing the Sheltering Tree: Protecting RightsThrough Humanitarian Action is not meant to sit onthe shelf as a one-time publication – it is intended toprovide a way to exchange, test and create new informationon the promotion and protection of rightsthrough humanitarian work.With our care and tending, the roots of these smallseeds will intertwine and a mighty tree will grow; onethat will offer sustenance to those in need and refugefrom the winds of war. A sheltering tree. Let’s grow ittogether.YOUSSOU N’DOURSinger / Humanitarian Advocate / UNICEF SpecialRepresentative for the Performing ArtsXIII

A Note on the Generationof This Collection of FieldPracticesThe Inter-Agency Standing Committee (IASC), abody created by UN General Assembly resolution46⁄182 to strengthen inter-agency coordination inemergencies, was particularly interested in promotingthe Secretary-General’s call for the integration ofhuman rights into the UN agenda – and with goodreason. Members of the IASC,which includes UNagencies and (as standing invitees) the InternationalCommittee of the Red Cross (ICRC), the InternationalFederation of Red Cross and Red Crescent Societies(IFRC), and two major coalitions of non-governmentalorganizations, had together faced ethnic cleansing inBosnia and Herzegovina, genocide in Rwanda and itsaftermath in the Great Lakes region, and then the outbreakof a terrible conflict in Chechnya. In the meantime,conflicts in Sudan, Afghanistan, Colombia, SriLanka and elsewhere raged on, but were neglected inlarge part as new crises erupted. The turn of the centurybrought horrific atrocities in Sierra Leone, a crisisin East Timor, and renewed violence in Angola, Eritreaand Ethiopia and other countries, stretching even furtherthe ability of the international community torespond.Theterrorist attack in New York City and the subsequentactions of the United States in Afghanistanraised additional questions about humanitarian accessand response.The humanitarian community was hit hard bythese realities. Humanitarian assistance had become avery complex endeavour with the potential for doingboth good and in some cases, considerable harm. Somehumanitarians recognised that “throwing wheat flour”at conflicts when deliberate attacks upon civilians wasthe central issue was not only an ineffective responsebut a smokescreen for political inaction.¹ Manyhumanitarians believed that more could be done inthe field to mitigate violations in the absence of politicalwill to stop violence against civilians.In 1998, an IASC working group called the ReferenceGroup on Humanitarian Action & Human Rights wasformed, tasked with designing projects that wouldencourage “putting into practice” the protection ofhuman rights.The Reference Group was especially interested inhelping humanitarians work more effectively in environmentswhere civilians were suffering because ofviolations of international humanitarian, humanrights and/or refugee law. Recognizing that peopleworking in zones of conflict or under oppressiveregimes had already developed many innovative methodsand programmes to prevent or mitigate abuses, itwas decided to identify and share these practices in thehope that they could be adapted for use by humanitariancolleagues also working in difficult circumstances.This collection of humanitarian practices that protector promote rights was gathered through fieldstudies conducted in four countries/areas:Afghanistan, Kosovo (Federal Republic of Yugoslavia),Sierra Leone, and Sudan. The aim of this publicationis to share the unique, often ingenious methods thoseworking under nearly impossible conditions havedeveloped to help people under threat survive. Practicesfrom other areas such as Colombia, Angola, Sri1 ICRC delegate Urs Boegli first put the situation in Bosnia &Herzegovina in these terms to The Washington Post.XV

Lanka, Mozambique, Tanzania, and other countrieshave also been included.The work of a variety of national and international,secular and faith-based, independent and governmental,humanitarian relief and human rights organizationsto meet the needs of civilians under threatduring and following conflict is presented through thesepractices. A number of examples involve collaborativeefforts between organizations – efforts that hopefullyrepresent a trend toward complementarity in humanitarianwork.Two caveats are necessary:FIRST: This collection of field practices is not at allexhaustive; it presents only ‘snapshots’ of projects andprogrammes. The practices serve as examples butwould obviously not work in all places or at all times.Each one must be adapted to the situation at hand,based upon solid analysis of the unique conditionsand windows of opportunity that exist at a particulartime in a particular place. The way the examples areadapted or ‘translated’ in order to make them relevantto the current context will depend upon the organizationand its background – and the determination ofthe individuals involved.The practice examples are for the most part writtenin the past tense (despite the fact that many programmesare ongoing) in order to avoid confusing thereader who may pick this up years from the time ofpublication. The possibility of adapting the practicesfor use in other situations does not degrade with time.Specific dates, statistics, acronyms and names of rebelforces and individuals have generally been deleted toimprove clarity for the reader.the sense of serving large numbers of people or changinghuman rights conditions. The criticism, however,does not justify only trying ‘proven methods’. Thesame practice will not work everywhere in the sameway, nor will it work every time it is attempted in aparticular place. Conflicts are by their nature dynamicevents and are constantly changing, although eventsare not necessarily unpredictable. In order to meet thechallenge of protection under such conditions,humanitarians must develop a flexible approach thatmarries solid analysis and other professional skillswith creative ingenuity, always guided by humanitarianethics or principles. This means combining thesubstantial knowledge gained in past decades ofhumanitarian work with new ways of thinking aboutthat work.Our hope is that this collection of practices willbecome a ‘living work’ – that you, the reader, will provideadditional examples and information about theadaptation of practices in the places you work. (SeeAppendix 2, Interact! How to Contact Us with YourIdeas.)Humanitarian actors cannot hope to effectivelyaddress violations of international law if there is alack of political will by governments and the internationalcommunity to prevent and stop abuses – andto hold perpetrators accountable. But by their actionsacross conflicts they have, thanks to their courage andingenuity, saved a multitude of lives. It is in this spirit,and in their honour that these small parcels of hopeare offered.SECOND: This presentation of field practices does notinclude an evaluation of their effectiveness. Thus, it isa fair criticism to say that some of these practices mayhave had some unintended negative effects or weremerely ‘small drops in an ocean of water’ – in otherwords, well-meaning, but not necessarily effective inXVI

The sacks of grain have been distributed. The well hasbeen dug. The nutritional survey is completed. The childrenhave been immunized. The crops are beingplanted; there is hope it will rain soon.There is great pride in the face of the villagers; theyhave worked hard to accomplish these tasks. But there isstill the suffering that cannot be relieved by any of thesethings. You are there, and you have seen it.The images and sounds don’t leave you. The womanbegging for a scrap of information about her son, whohas been taken away by soldiers. A small girl wanderingaimlessly about the smoldering ruins of a village seekingher mother; a mother who cannot answer. The look offear from a doorway. The blank stare of starvation anddespair when the convoy of food has again not beenallowed to pass. The empty eyes of the child with a rifleat the checkpoint.There is no freedom from want here;no freedom from fear.The danger has not passed; there is no promiseof peace in this long war.You ask: Who will protect them?And then you ask yourself:Is there not more that I can do?XVII

CHAPTER 1WE WORK & WE WITNESS1

working &Uzbekistan, 1997Assisted by their teacher, three primary school students in the Konkakal-Pakistan Autonomous Republic in the north of the country find a locationon their new globe.© UNICEF HQ97-0507 ⁄ M. MURRAY-LEE,

witnessing

IntroductionThe world failed to stop the genocide, war crimes andcrimes against humanity committed in the lastdecades of the twentieth century. These crimes wereoften carried out against people by their own governmentsor fellow citizens, in places whose names nowevoke strong images of suffering – Cambodia, Sudan,Afghanistan, Colombia, Bosnia, Rwanda, Chechnya,Kosovo, Sierra Leone. And the list goes on. Violationsof international human rights and internationalhumanitarian law have continued for decades in someof these regions.Genocide and crimes against humanity – whichhave at times been committed outside the context ofarmed conflict – claimed millions of lives in the pastfew decades. Nearly three million human beings wereslaughtered in the Rwandan and Cambodian genocides.They were mercilessly killed solely on the basisof their membership or perceived membership in aparticular group. Authorities of repressive regimesoften commit violations of international human rightslaw with complete impunity. Torture, forced disappearance,attacks upon human rights defenders andjournalists are commonplace in many countries.While historically most wars were fought amongstates, the vast majority of armed conflicts today areinternal, pitting government forces against armednon-state actors or armed groups against each other.The vast majority (some estimates are as high as astaggering 90%) of the victims of such conflicts arecivilians; people not taking part in hostilities. Deliberateattacks against civilians or civilian property, forceddisplacement, rape and other acts of sexual violence,intentional starvation and certain other acts committedduring armed conflict constitute war crimes – seriousviolations of international humanitarian law thatincur individual criminal responsibility.As a result of armed conflict and campaigns of terror,millions of people have been internally displaced(were forced to abandon their homes but remainedinside the borders of their own country) or havecrossed international borders in search of protection(thus becoming refugees). The number of internallydisplaced persons has now surpassed that of refugees.People displaced within their own countries are especiallyvulnerable to further harm, and many aredisplaced more than once. The traditional supportcommunities provide has been lost to them. Theyoften lack the economic resources and political connectionsthat enable escape or recovery and arefrequently discriminated against. Respect for internationallaws that protect refugees has weakened inrecent years as nations shut their doors to those seekingprotection. It is often the poorer countries thatgive the warmest welcome to refugees.Although many ‘frontline communities’ have managedto remain despite ongoing fighting and very poorliving conditions, the members of those communitiesstill suffer dramatically and need support and protectionin order to avoid displacement. Those living inurban areas may face discrimination and a bleak economicfuture.International law is clear that governments areresponsible for the welfare of all persons on their territoryor within their jurisdiction, but somegovernments are unwilling or unable to fulfill theirobligations. A breakdown of legitimate authority mayNever doubt that a small groupof thoughtful, committed citizenscan change the world; indeed, it’sthe only thing that ever does.– Margaret Mead,AnthropologistCHAPTER 1. WE WORK & WE WITNESS1

We are better informed and moreprofessional than ever before, andyet we seem unable to mobilizesufficient political will to changethe course of those humantragedies… But, mobilizing worldindignation in the light ofatrocities and misery can neverbe enough. We, human rights andhumanitarian organizations, areentrusted by our civil societieswith a mission to have an impactthrough our actions.– Jacques de Milliano,Medecins sans Frontieres, 1996lead to chaotic conditions where people in dangerhave absolutely no one to turn to for protection.They are left to the mercy of whoever happens to seizepower.Prolonged armed conflict in countries such asAfghanistan, Sudan and in the Great Lakes region,with the accompanying massive destruction of wholecommunities – indeed, whole ways of life – has disrupteddevelopment in education, training,agriculture, industry and legitimate trade. And thisduring a period when other parts of the world haveenjoyed unprecedented economic prosperity andimprovement in the realization of economic, socialand cultural rights.Corruption and the takeover of assets such as diamondsand oil by regimes or rebel groups havestripped many countries of natural resources (andgrowth potential) and have enabled the continuationof the brutal tactics used to seize them in the firstplace. The wealth derived from these assets – and fromillegitimate trade in drugs and arms – often forms theprimary base of support for such groups. The proliferationof small arms and the failure of the internationalcommunity to control arms trade in general have contributedsignificantly to the death toll.The extreme discrimination against particulargroups that inevitably occurs during armed conflict orunder repressive regimes has combined with droughtand other conditions to push millions of people overthe edge into abject poverty and then death from starvationand disease. Rights that might have beenachieved long before were it not for armed conflict –or that were once enjoyed – have slipped further andfurther from grasp. In the vicious downward spiral ofwar, the poor and the marginalized of these societiescontinue to suffer disproportionately and are weakenedfurther by each new fighting season.Even when conflicts end, transition to a just legalsystem and rule of law is very slow and the need forprotection from violations due to a weak and/or corruptlegal system may continue for decades. Asignificant ‘protection gap’ continues to exist long afterthe guns fall silent.Despite all the odds against them, people underthreat work bravely in every crisis to assist others indanger. Humanitarian relief workers are often first inline to help. Long before any peacekeepers arrive, longbefore international criminal tribunals are created,humanitarians work on the front lines, serving ashuman ‘buffer zones’ between civilians and those withguns. As such, they witness terrible atrocities firsthand,and some fall as casualties alongside those theyseek to aid.Humanitarians have come to be central figures inthe response to armed conflict, but as their presence inthe midst of war has become more commonplace,their engagement has at times been used as a convenientsubstitute for political and other action by theinternational community to stop violence.The reluctance to hold governments and individualsaccountable for violations of international law, toarrest persons indicted for war crimes by internationaltribunals, to order peacekeepers to take action in thefield to stop attacks on civilians, and to address theunderlying causes of armed conflict has placed humanitarians– especially the national staff of humanitarianorganizations – in extremely dangerous circumstances.Hundreds of aid workers have lost their livesin just the few years.¹To make matters worse, humanitarian assistance isoften misused by belligerents and corrupt authorities.Relief workers have found themselves fortifying thevery people attacking those they came to help.For all these reasons, the humanitarian communityhas come to question whether the delivery of reliefsupplies or humanitarian ‘business as usual’ representsa sufficient response to the violations of rights and disregardfor the safety of the civilian population that are1 See http://www.reliefweb.int/library/documents/2001/chronology_15jan.htm for a chronology of deaths and injuries tohumanitarian aid workers. Statistics are available on deaths forprior years as well as from Dennis King atUN Office for theCoordination of Humanitarian Affairs (OCHA).2

Zaire (now The DemocraticRepublic of Congo), 1996Standing in shallow water, a boyholds a pan filled with stones to besifted for diamonds in a mine inthe south-central city of Mbuje-Mayi. Corruption and the takeoverof assests such as these diamondsby warring parties has not onlyfuelled brutal conflict, but strippedcountries of valuable resourcesthat could have bettered the livesof their children, women and men.© UNICEF HQ96-0620 ⁄D. MAILLEFER

often the primary cause of suffering.The answer is a decided no. An ever-increasingnumber of humanitarian organizations now acknowledgethat assistance without protection from attack,persecution and other rights violations are notenough. Although humanitarians cannot be expectedto fill the protection gap left by governments thatevade their responsibilities, they can often make animportant difference on the ground, mitigating andsometimes preventing violations.The relationship between humanitarian action andinternational humanitarian, human rights and refugeelaw has thus become a topic of growing interest. Manyhumanitarian organizations agree that new approachesto the protection of rights through humanitarianaction must be explored.Even seasoned aid workers, however, sometimeslack concrete ideas about what to do in the field toassist those under threat. They often feel constrainedbecause of operational limitations or perceived restrictionsrelated to mandates. Collaborative efforts thatdraw upon the strengths of each humanitarian organizationinvolved are necessary if effective protection isto occur – in addition to some ‘soul-searching’ about theintent and focus of humanitarian action.The complementary relationship between the workof human rights and humanitarian relief organizationsis of special importance. Both are concernedabout the protection of people from the violation ofrights and the achievement of those rights guaranteedto every human being under international law thathave gone unrealized. For this reason, protection partnershipsbetween humanitarian, human rights andother kinds of organizations must be further exploredand developed.4

A. Humanitarian Assistance &Protection: Two Sides of theSame CoinJust what is a ‘humanitarian’? According to a definitionfound in a popular dictionary, a humanitarian is“a person promoting human welfare and socialreform.”²The primary goals of humanitarian work are to protectlife and health, prevent and relieve suffering, andensure that human beings are treated with dignity. Theright to receive humanitarian assistance – and theright to offer it – are fundamental humanitarian principlesunderpinned by international law.Just as the provision of material assistance, medicalcare and development projects can alleviate the sufferingcaused by monsoon or drought and help decreasefuture vulnerability, humanitarian assistance can offersome relief from the effects of armed conflict, forceddisplacement, discrimination and other violations ofrights. Relief and development work can also greatlycontribute to the achievement of those rights that havenever been realized. And importantly, humanitarianscan assist in preventing violations through specificactions in the field.It cannot be assumed, however, that humanitarianprogrammes always consciously aim to prevent or stopviolations of international humanitarian, humanrights and refugee law or seek to assist people inachieving those rights. Programmes may not be strategicallydesigned to enhance the protection of civilians.The inextricable link of protection and assistancemust be recognized and understood if humanitariansare to play a significant role protecting the rights ofthose participating in their programmes.2 Webster’s New Collegiate Dictionary.This collection of field practices demonstrates someof the ways humanitarian assistance programmes havemoved beyond the provision of material assistance inan effort to enhance protection.It has been noted that the negotiations involved indelivering material assistance, for example, may beused to create an opening for dialogue, drawing antagonistsinto discourse with external observers. Thisinteraction may allow the international community toinfluence potential perpetrators to exert somerestraint on behaviour that contradicts internationalstandards. Such dialogue sheds light on the precisemotivations of the belligerents, providing clues abouthow to influence them (possible ‘intervention points’can be identified). Knowledge of how belligerents andothers perceive the situation may provide ‘early warning’to humanitarians. A key to effective protectionand planning is anticipating and responding to nextmoves.The use of material assistance as an entrée to dialoguewith those who control access or who aresuspected of committing abuses is only one part of thepicture, however. There exists a myriad of other waysthat humanitarian action can be used as a vehicle toreach and enhance the protection of people in danger.Programmes that seek to reach the ‘most marginalisedof the marginalised’ are especially relevant tothis collection of practices. When humanitarianorganizations specifically focus on assisting peoplefacing discrimination/persecution, they extend animportant form of protection. This protection is substantiallyheightened when the ability of thepopulation to develop their own protection pro-The power of [material]humanitarian assistance is notsufficient… Internationalorganizations have to focus onrights that the Afghans want torealize… Security – national andindividual – is about physicalsecurity from war, execution,detention, loss of shelter, lossesof dignity.– An Afghan relief workerHumanitarian organizationsshould all concur thathumanitarian assistance includesthe protection of civilians.– Cornelio Sommaruga,former President, ICRCCHAPTER 1. WE WORK & WE WITNESS5

Human rights mainstreamingcould well become just anothercatch phrase.– Antonio Donini,Deputy United NationsHumanitarian Coordinatorfor Afghanistangrammes involving a variety of activities (see Definitionof Protection) is strengthened.People may be rendered doubly vulnerable (orworse) given their membership in certain classes orgroups of people. For example, a woman who is elderly,disabled and a member of a minority populationmay be at high risk on four counts.A note of caution: since there may be some securityimplications for the people concerned when we focusattention on a particular group of people, it is importantto ensure that full consultation with the group inquestion takes place.6

Albania, 1999Surrounded by child refugees from Kosovo, Ferida Rushiti (centre), aKosovar doctor living in Albania, holds the hand of a boy refugee during apsycho-social rehabilitation programme in which children receive counsellingand play games to help them cope with their war experience.© UNICEF HQ99-0209 ⁄ R. CHALASANICHAPTER 1. WE WORK & WE WITNESS7

B. Preventing Discrimination:A Critical Component ofProtection Work forHumanitarian OrganizationsPeople from the affectedpopulation, including children,should be regularly consulted,informed, and involved in decisionmakingduring needs assessmentsand when designing,implementing, monitoring andevaluating programmes. Specialeffort must be made to includethe views of persons who aremarginalized or arediscriminated against.– Sphere Project on MinimumHumanitarian Standards inDisaster ResponseThe term ‘discrimination’ refers to any distinction,exclusion, restriction or preference based on race,colour, religion, ethnicity, gender, disability or othercharacteristic that impairs the recognition, enjoymentor exercise, on an equal footing, of rights. It is a fundamentalprinciple of international humanitarian,human rights and refugee law.The Code of Conduct for the International RedCross and Red Crescent Movement and non-governmentalorganizations (NGOS) in DisasterRelief, endorsed by many humanitarian organizationsand NGOS, asserts that “[Humanitarian] aid is givenregardless of the race, creed or nationality of the recipientsand without adverse distinction of any kind,” andemphasizes that aid priorities should be calculated onthe basis of need.Humanitarian action may just as well be justified onthe basis of the need for protection from specific violationsas the need for food, medicine and blankets.Needs assessments can take into account conditionsrelating to respect for human rights and internationalhumanitarian law, making special note of discriminatorytreatment.Humanitarians have also pledged to undertakeactivities with respect for the principle of neutrality,meaning they will not take sides in hostilities. Nor willhumanitarians engage in controversies related to politics,race, religion, ideology, etc., except to point outthe humanitarian effects or consequences of theseissues (the effect of sanctions, for example).Adhering to the principles of neutrality and impartialitydoes not mean that humanitarians must take apassive stance in the face of violations of internationallaw, however. On the contrary, humanitarians are onsolid ground in vigorously seeking protection forthose people in danger – as long as they pursue protectionfor victims or potential victims without discrimination.A vigorous approach need not involve publicdenunciations of violations by those organizationsthat do not feel comfortable ‘going public’, althoughexposure of violations is an important component ofan overall protection approach. Each organization canfind a methodology consistent with its mandate andmission. And, as this collection demonstrates, actioncan be taken on multiple levels.The effectiveness of protection efforts is undoubtedlyenhanced when a complementary, collaborativeapproach is developed that draws on the strengths ofeach actor. The collaborative approach allows flexibilityof roles. For example, one organization may chooseto publicly report and denounce violations, whileanother may choose to pass on information quietly.Some may choose to engage in active advocacy whileothers work ‘behind the scenes’ to protect and promoterights, often by maintaining a presence withpeople at risk.This collection provides some examples of the widerange of actions that can be taken by a variety ofactors.Ensuring the full participation of those receivingassistance from humanitarian agencies is a criticalcomponent of humanitarian action. Has extra carebeen taken to consult, engage in implementation, andrespond to the concerns of participants, especiallythose groups or persons who may be experiencing discriminationor other human rights or protection8

Afghanistan, 1995IDPs and Returnees. Departmentfor Handicapped War Victims,Kunduz.© UNHCR ⁄ A. HOLLMAN

Afghans desire individual security(civil rights); health, educationand employment (socioeconomicrights); and a right toparticipate in shaping our life(political rights), these threecomponents – and nothing less –are the foundation ofdevelopment.problems? Have the strengths of marginalized groupsbeen taken into account and the capacity for self-protectionstrengthened?– An Afghan relief worker10

C. Toward a Shared Definitionof ProtectionThe word ‘protect’ literally means ‘to cover or shieldfrom injury or destruction’, but has special meaning inhumanitarian work.A Protection Workshop process involving some 50humanitarian organizations and human rights NGOSwas initiated by the International Committee of theRed Cross (ICRC) in 1996 and continued in subsequentyears with a view toward examining legal,practical and policy issues relevant to protection work,including achieving a widely acceptable consensusregarding a definition of protection. The objectivesalso included attempts to develop ethical guidelinesfor protection work, establish professional standardsgoverning humanitarian action in the field of protection,and promote complementarity amongorganizations working in protection and to enhancethe quality of their dialogue.The participants defined protection in terms of itspurpose (what is protection all about?), and its activities(what type of activity is a protection activity?).The purpose of protection was defined as follows:The concept of protection encompasses all activitiesaimed at obtaining full respect for the rights of theindividual in accordance with the letter and thespirit of the relevant bodies of law (i.e., humanrights, humanitarian and refugee law).3 ‘Workshop on Protection for Human Rights and HumanitarianOrganizations: Doing Something About It and Doing ItWell’. Report of the workshop held at the International Committeeof the Red Cross, Geneva, 18–20 January 1999, published1999,p.21.Human rights and humanitarian actors shall conductthese activities impartially and not on the basis of race,national or ethnic origin, language, gender, etc.³Protection activity was defined as:Any activity – consistent with the above-mentionedpurpose – aimed at creating an environment conduciveto respect for human beings, preventingand/or alleviating the immediate effects of a specificpattern of abuse, and restoring dignified conditionsof life through reparation, restitution and rehabilitation.⁴Protection is thus composed of three types of activities:• RESPONSIVE ACTION: any activity undertaken inconnection with an emerging or established patternof abuse and aimed at preventing its recurrence,putting a stop to it, and/or alleviating its immediateeffects;• REMEDIAL ACTION: any activity aimed at restoringpeople’s dignity and ensuring adequate living conditionssubsequent to a pattern of abuse (throughrehabilitation, restitution, compensation and reparation);4 Ibid., p. 25.ICRC is an impartial, neutral andindependent organizationfounded in 1863 whose exclusivelyhumanitarian mission is to ensureprotection of the lives and dignityof victims of war and internalviolence and to provide them withassistance. It directs andcoordinates international reliefactivities conducted by theInternational Red Cross and RedCrescent Movement in situationsof armed conflict. It also endeavoursto prevent suffering by promotingand strengtheninginternational humanitarian lawand universal humanitarianprinciples. ICRC ’s protectionactivities include visiting personsdeprived of their freedom(including prisoners of war), actingon behalf of the civilianpopulation (including internallydisplaced persons [IDPS]) andrestoring family links. The ICRCalso monitors violations ofhumanitarian law and makesusually confidential representationsto parties to a conflict inorder to ensure compliance withits rules. In situations of armedconflict, the ICRC is available toprovide information to humanitarianactors and NGOS oninternational humanitarian law andto discuss protection concerns.CHAPTER 1. WE WORK & WE WITNESS11

• ENVIRONMENT-BUILDING ACTION: any activityaimed at creating and/or consolidating an environment– political, social, cultural, institutional,economic and legal – conducive to full respect forthe rights of the individual.⁵The ICRC Protection EggAt the third workshop on protectionfor human rights and humanitarianorganizations held at theICRC in Geneva in 1999, the protectionframework was representedgraphically through the so- called‘protection egg’.© ICRCRESPONSIVEACTIONPattern of AbuseREMEDIALACTIONENVIRONMENTBUILDINGThe protection framework may be representedgraphically as follows:The egg-like shape of the framework reflects the factthat protection activities are not chronological: thethree components of a protection operation overlapand do not exclude or a priori contradict one another.They are relevant at all times, although their degree ofrelevance depends on timing, as well as on the natureand gravity of the actual pattern of abuse.⁶The protection framework provides a holisticapproach that helps each organization integrate thethree types of activities when devising and evaluatingits protection strategy. However, that does not meanthat one and the same organization would have toengage in all three types of protection approaches. Itincreases awareness of the fact that any specific action– or absence thereof – may have a significant impacton the whole situation. It incorporates ‘assistance’ and‘protection’ as specific facets of one and the sameaction.The protection of specific individuals or groupswho are in danger from those who wish to harm them(accomplished through conscious decision-makingbased on assessment and ongoing analysis combinedwith determined action) are important components ofthe above activities. It is important that emphasis beplaced on prevention strategies wherever possible.Justice and reconciliation activities are also criticalissues that may be advanced by the involvement ofhumanitarian organizations. All action should involveconsultation with affected persons.5 Ibid., p. 25.6 Ibid., p. 26.12

D. Modes of Action in Protection ⁷According to proposals put forward during the ICRCProtection Workshop process, there are four possiblemodes of action that can be taken to address protectionproblems and needs, grouped under two headings:securing compliance and providing direct services.⁸SECURING COMPLIANCE FROM AUTHORITIES(WHETHER STATE OR NON-STATE ACTORS)Two modes of action are possible in securing compliance:DENUNCIATION & PERSUASION.The DENUNCIATION MODE means pressuring theauthorities, through public disclosure, to take actionto fulfill their obligations and to protect individuals orgroups exposed to abuse.FEATURES: FEATURES:• particularly • particularly suitable suitable when violations when violations are deliberate;• mobilises are outside deliberate; actors;BUT • mobilises outside actors;may lead BUT to restricted access and/or block directdialogue. may lead to restricted access and/orblock direct dialogue.7 Adapted from ‘The Challenges of Complementarity’, FourthWorkshop on Protection for Human Rights and HumanitarianOrganizations, 16‒18 February 2000, ICRC,Geneva, published inDecember 2000;pp.58–60.8 Specific types of protection activities (examples of responsiveaction, remedial action, and environment building) are discussedin Chapter 4. Preserving and Protecting Life, Health andDignity Through Humanitarian Action.The PERSUASION MODE means convincing theauthorities through dialogue to take action to fulfilltheir obligations to protect individuals exposed to andaffected by abuse.Features:FEATURES:• particularly• particularlysuitablesuitablewhen therewhenistherea willistoalimit orstop violations; will to limit or stop violations;• favours • favours access and access direct and dialogue; direct dialogue;but BUTmay restrict may restrict public disclosure public disclosure of the truth. of the truth.PROVIDING DIRECT SERVICESTwo modes of action in the provision of direct serviceare possible: SUBSTITUTION & SUPPORT TO STRUC-TURESThe SUBSTITUTION MODE (directly providingservices or goods to the individuals exposed to andaffected by abuse).Features:FEATURES:• particularly• particularlysuitablesuitableduringduringemergenciesemergenciesa lack and/or of response when there by the is competent a lack of authoritiesand/or whenthere isor when response insuYcient by the resources competent are available; authorities• does not or necessarily when insuffcient require resources dialogue are with available;of violations;the perpetratorsbut • does not necessarily require dialogueits impact with could the perpetrators be short-lived. of violations;BUTits impact could be short-lived.CHAPTER 1. WE WORK & WE WITNESS13

Afghanistan, 1999Children benefitting from breaddistribution in the context of anICRC pilot project.© ICRC ⁄ S. HORVATH14

The SUPPORT-TO-STRUCTURES MODE (empoweringexisting national and/or local structures throughproject-oriented cooperation to enable them to carryout their functions).Features:• particularlyFEATURES:suitable for sustaining local capacity;• particularly suitable for sustaining• may be perceived as politically supportive of existinglocal capacity;structures (this could be viewed positively or negatively);• may be perceived as politically supportiveof existing structures (this could bebut viewed positively or negatively);Favours BUT direct dialogue with authorities responsiblefor violations Favours (which direct may dialogue be regarded with authoritiesresponsible actors). for violations (whichas controversialby somemay be regarded as controversial bysome actors).Most organizations have developed an operationalidentity that favours certain modes of action over others.It is important to note that all four modes ofaction can be undertaken simultaneously if a collaborativeapproach is employed that involves agreementsbetween a variety of NGOS and intergovernmentalorganizations (IGOS) to take on specific roles orresponsibilities.CHAPTER 1. WE WORK & WE WITNESS15

E. General Activities to Considerin Protection PlanningWe cannot realize the law by justdiscussing it with people.– An Afghan relief workerProtection activities can include three primary typesof action: RESPONSIVE ACTION, REMEDIALACTION, & ENVIRONMENT-BUILDING.⁹RESPONSIVE ACTION is defined as any activityundertaken in the context of an emerging or establishedpattern of abuses, aimed at preventing itsrecurrence, putting a stop to it, and/or alleviating itsimmediate effects by:• Pressuring the authorities concerned, through publicdisclosure, into taking the required measures tostop and prevent the abuse;• Convincing the authorities concerned, through dialogue,into taking the required measures to stop andprevent the abuse;• Providing direct services to the persons exposed toabuse by means of presence (in the affected areas,displaced persons/refugee camps, places of detention,etc.); transfers/evacuations (includingrelocation of refugees or IDPS farther from conflictzones or borders); registering persons; re-establishing/maintainingfamily links (tracing missingrelatives, organizing family visits, exchanging messagesand/or letters); information andcommunication (i.e., about human rights conditions,conditions for return, information about the9 ‘Workshop on Protection for Human Rights and HumanitarianOrganizations: Doing something about it and Doing it well’.Report of the workshop held at the International Committee ofthe Red Cross, Geneva, 18–20 January 1999, published 1999,pp.26–7.work of various organizations, location ofresources, etc.);• Alleviating immediate suffering by means of appropriatematerial assistance to affected persons andtheir families; medical assistance to affected personsand their families; psychosocial care for affectedpersons and their families; support/technical helpto local structures (public and private);• Contributing to obtaining respect for judicial rightsof the individual by providing legal assistance/supportto the persons subjected to a judicial processand their families; supporting and protecting institutions(governmental, local NGOS,etc.) workingtoward respect for rights as well as individualsworking as human rights defenders.REMEDIAL ACTION refers to action taken with aview to restoring dignified living conditions subsequentto a pattern of abuse through activities such as:• Pressuring the authorities concerned, through publicdisclosure, into taking the required measures;• Convincing the authorities concerned, through dialogue,into taking the required measures;• Providing direct services to the persons affected byabuse by means of: presence (in affected areas, displaced/refugeecamps, places of detention, etc.);help in repatriation/resettlement/integration/finalarrangements; maintaining family links; (contributingto the) setting up of mechanisms to clarify thefate of missing persons; facilitating information andcommunication;• Alleviating the suffering of affected persons by16

Colombia, 1999In Antioquia, the most violence-plagued department in the country, a girland a boy from the Colombian Children’s Movement for Peace talk aboutthe movement to an armed soldier. In 1998, the Children’s Movement forPeace was nominated for the Nobel Peace Prize.© UNICEF HQ00-0240 ⁄ J. HORNERCHAPTER 1. WE WORK & WE WITNESS17

Afghanistan, 2001Internally displaced boy inmakeshift camp in BaghlanProvince of Afghanistan.© B.V. NYLUND18

means of appropriate material assistance and rehabilitationto affected persons and their families;medical assistance and rehabilitation services toaffected persons and their families; psychosocialassistance to affected persons; support/technicalcooperation to local structures (public and private);• Promoting and/or supporting the due process oflaw and justice for both perpetrators and victims;• Proceeding with a ‘lessons-learned’ exercise aimedat feeding and reinforcing ‘environment building’type activities.ENVIRONMENT BUILDING involves contributingto creating a social, cultural, institutional, and legalenvironment conducive to respect for the rights of theindividual, in accordance with the letter and the spiritof the relevant bodies of law, in particular by:• Promoting the drafting and adoption of treaties andthe development of customary law;• Promoting the implementation at national level ofthe relevant international legislation (harmonizingnational and international laws, institutionalizingthose measures);• Promoting the administration of a fair system ofjustice providing for the punishment of and reparationfor violations of international human rightsand international humanitarian law;• Creating a public culture consistent with humanrights and humanitarian values;• Promoting knowledge of and adherence to thehuman rights and humanitarian law instrumentsand principles among all groups concerned;• Contributing to the development/establishment ofinstitutions, both governmental and non-governmental,at the national and international levelwhich, by their role and function, can enhancerespect for human rights and humanitarian law;• Creating and consolidating control mechanisms(visiting mechanisms, designation of ombudspersons,etc.).Environment building does not take place in a vacuum.It is important that the planning ofenvironment-building activities occur at the outset ofa crisis or when anticipating a crisis.Thinking about the human rights aspects of peaceagreements, capacity building initiatives and otheractivities related to environment building should notbe delayed until there is a specific peace plan on thetable. Similarly, codes of conduct, ground rules andother agreements with parties to a conflict should bedeveloped sooner rather than later in a crisis.Of course, agreements that may compromisehuman rights must always be avoided, even in crises.Human rights belong to individuals; it is not the rightof any organization or body to negotiate them away.Collaboration with experts in international humanrights, humanitarian and refugee law is critical whendrawing up such agreements. Finally, the wisdom ofmaking agreements that may be seen as granting legitimacyor recognition to authorities who have clearlydemonstrated little interest in respecting internationalstandards should be carefully considered.CHAPTER 1. WE WORK & WE WITNESS19

CHAPTER 2HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH2

assistance &Brazil, 1992A woman with AIDS sits on a bed with her young daughter, while talking toand holding the hand of Gabrielle O'Connor, a woman counsellor from theNGO Projecto Esperanca, in a poor neighbourhood of the southern city ofSao Paulo.© UNICEF HQ92-1229 ⁄ S. SPRAGUE

protection

A. Leadership & CollaborativeWork in ProtectionFP1FP2FP3It is possible to ‘raise the profile of protection’ in thefield and to encourage action to anticipate and addressthe physical protection needs of those of concern tohumanitarian agencies through the development of anintegrated (multi-agency) and creative approach [Seecomplementarity mapping,Chapter 2.D.5. Evaluation].But leadership is a necessary component of effectiveaction.An organization willing to act as a conveyor ofinterested parties can act as a catalyst for effectiveaction. Some of the ways headquarters-level and country-leveloperations have initiated a more integratedapproach to humanitarian action and protection aredescribed below.1. HEADQUARTERS-LEVEL PROTECTION PARTNER-SHIPSFP1 ICRC Workshop on Protection (1996‒2000)In November 1996, the ICRC organized the first workshopon protection in order to initiate a debate on theprotection of victims of violations of international law– international humanitarian, human rights andrefugee law. The workshop brought together organizationsfrom different backgrounds working in the fieldsof human rights, humanitarian law and relief. Theobjective was to enable ongoing reflection on issuesfundamental to protection activities: what exactly is‘protection’ when carried out by human rights andhumanitarian organizations? How can the difficultiesand hard choices constantly faced by such organizationsbe overcome? What concepts and terms ofreference are shared by humanitarian and humanrights organizations? In the past four years, thisprocess has gone some way to answering most of thesequestions, as evidenced by the definition of protectionprovided in the introduction to this manual. The mostrecent workshop, held in 2000,dealt with complementaritybetween organizations involved in humanitarianwork.FP2 The Consolidated Humanitarian Appeals ProcessRecent years have seen significant change in the attentionto human rights within the United NationsConsolidated Humanitarian Appeals process (CAPS).The Consolidated Appeals Process now treats humanrights as a cross-cutting theme relevant to the entirehumanitarian agenda for any given country. This representsan important development in the stated goal ofthe UN Secretary-General to mainstream humanrights in all UN programmes and sends an importantmessage to donors and UN staff alike: the promotionand protection of human life lies at the very heart ofhumanitarian activity. CAPS also include specifichuman rights project proposals submitted by both UNstaff and NGOS.Donors have responded to this development;the level of financial support for the humanrights elements of CAPS has increased in recent years.FP3 Partnership in Action ProcessPartnership in Action (PARINAC) is a frameworkintended to enhance partnership between NGOS andthe Office of the United Nations High Commissionerof Refugees (UNHCR) and to improve protection andsolutions for refugees and others of concern toUNHCR. One PARINAC initiative was the production ofIn our experience, we must saythat to become a focal point onprotection requires [not onlypreparing] to open a space forprotection facilitation activities,but [a willingness to engage in]promotion and advocacyactivities and even to be ready toput pressure (“elbows”) on thetopic of protection.–Luis Enrique Eguren,Peace Brigades InternationalCHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH25

FP4FP5a publication, Protecting Refugees: A Field Guide forNGOS. The Field Guide was a collaborative effortbetween UNHCR and a number of humanitarian reliefand human rights NGOS.It contains informationabout the legal basis for refugee protection, providesexamples of NGO protection-related activities, anduseful checklists for NGOS working to address therecent arrival of refugees, mass arrivals, special protectionneeds of certain refugee groups such as women,children and adolescents, the elderly, IDPS and others.The Field Guide is available on the UNHCR website at:WWW.unhcr.chFP4 Collaborating with Governments and NGOS inProtectionUNHCR’s ‘Reach Out’ Initiative: In 1997, UNHCRlaunched its Reach Out Initiative, a project aimedtoward reinvigorating support for the internationalrefugee protection system and for UNHCR’s protectionmandate in particular. The Initiative was created inresponse to concern about the nature of conflict in theinternational environment and the trend towardincreasing barriers to the admission of refugees inNorth America and Europe. The first step of the Initiativeinvolved extensive consultations with key memberstates of UNHCR’s Executive Committee. Later, theReach Out process evolved to include engagement ofhumanitarian and human rights NGOS and other nonstateactors in dialogue about strengtheningcollaboration in the protection sphere.In Kosovo, UNHCR initiated a Reach Out Programmeto mobilize inter-governmental organizationssuch as the Organization for Security and Cooperationin Europe (OSCE) and NGOS to join UNHCR as partnersin carrying out protection tasks such as reportingand advocacy of human rights, thus strengthening thecoordination of protection activities in Kosovo. Anexample was the creation by UNHCR and the OSCE ofthe Ad Hoc Task Force on Minorities, a task force thatused joint reporting (called ‘periodic assessments’) onconditions for minorities in Kosovo. (See Section 4.Protection Working Groups and Other CollaborativeMeasures.)UNHCR is especially interested in how collaborationmight be strengthened in certain areas, such as:• Protection of returnees to areas of origin duringpost-conflict periods;• Legal and judicial capacity-building affecting therights of refugees and the stability and security ofreturnee populations;• Monitoring of violations of the rights of refugeesand returnees;• Protection and advocacy on behalf of categories ofpersons with special protection needs;• Encouraging the promotion of accessions by Statesto the 1951 Refugee Convention and its 1967 Protocol.FP5 Senior Inter-Agency Network on Internal DisplacementIn order to ensure that the UN system responds effectivelyto the protection and assistance needs of IDPS,the Senior Inter-Agency IDP Network was established.The Network’s goals are to reinforce the operationalresponse and coordination arrangements in criticalcrises of internal displacement by conducting specialfield missions to assess field operations and recommendfollow-up action by UN country teams, agencyheadquarters, and the wider humanitarian communityon the ground. Recommendations may also be maderegarding the activities to be undertaken by concernedgovernments and non-state actors. The Network,which began its work in 2000,hoped to provide supportto UN Humanitarian Coordinators/ResidentCoordinator and Country Teams in further developingan effective response to protection and assistanceneeds of IDPS.Members and Standing Invitees of theIASC participate in the country reviews as and whenappropriate.The Senior Network on Internal Displacement’ssecond mission (to Burundi in December 2000) providesan example of how an inter-agency mission thatincludes protection as a primary focus can provideimpetus to strengthen the protection milieu. One of26

the main objectives of the mission was to assess thenature and magnitude of the assistance and protectionneeds of IDPS,to identify gaps, and to review theoperational capacity of UN agencies and otherhumanitarian actors on the ground to respond to suchneeds. The team made a number of recommendationsfollowing the mission, including the identification of aclear focal point within the UN for internal displacementand improved collaboration between the UNsystem and NGOS through strong support for theassistance and protection work of NGOS.The Networknoted that security in Burundi was affected by the factthat some humanitarian agencies may be viewed aspartial by non-state actors and that this was compoundedby the fact that there was no structured UNhumanitarian dialogue with non-state actors. Theteam recommended that dialogue be opened withthese groups and that common ground rules forhumanitarian action be developed and promoted withall armed actors. The mission also found that, despitethe best efforts of a wide variety of organizations,including a Burundi-based IDP working group, therewas not a clear strategy nor consensus amongst actorsregarding principles and priorities. Further, there was alack of detailed information available on the displaced.One concrete result of the mission to Burundi wasthe establishment of a Working Group on IDP Protection,chaired by the Burundi Minister of HumanRights. A Protocol establishing a Permanent Frameworkfor Consultation on the Protection of IDPS wassigned by the UN Humanitarian Coordinator and theMinister in early 2001.The Framework was created toimplement one of the main recommendations of theSenior Inter-Agency Network’s Burundi mission: thecreation of an ad hoc commission on the protection ofIDPS.The Framework was formed with representativesof various governmental and UN agencies andNGOS.A Follow-Up Working Group was established,with plans to conduct joint field missions to assessprotection concerns.FP6 The NGO Reference Group on the FormerYugoslaviaIn the context of refugee protection, an interesting initiativethat linked operational and asylum/refugee/advocacy NGOS was the European Council onRefugees and Exiles (ECRE)/International Council ofVoluntary Associations (ICVA) reference group on theformer Yugoslavia. The reference group brought agenciestogether to exchange information on protectionissues (e.g., the different types of status afforded bydifferent European countries, data on conditions ofreturn for refugees considering return, etc.)FP7 Leadership and Collaborative Action ThroughShared Policy to Prevent Mass RelocationIn August 2000, insurgents from neighbouring Uzbekistaninfiltrated Kyrgyzstan, leading to armed clashesinside Kyrgyzstan between rebel and governmenttroops. The Kyrgyz government requested help fromUnited Nations agencies to relocate over 25,000 people,including many women and children, from theirhomes in the conflict area. The UN country teamdecided that supporting forced location would establisha dangerous precedent for the region. By acting inunison, UN agencies attempted to sway the governmentto reconsider its proposal and to approach IDPissues in full conformity with the Guiding Principleson Internal Displacement.Copies of the Guiding Principles were sent to thegovernment in English and Russian and UN concernswith the proposed relocation were raised. In mid-September,the government responded that it hadreconsidered its earlier intention to relocate 25,000people from the border areas and would instead relocatethem within a 25 kilometre radius and onlyoutside areas of planned military activity rather thanalong the entire border. The government also promisedthat the relocations would be conducted in fullaccordance with the Guiding Principles. As of earlyNovember, reports indicated that only about 1,000people had been relocated and that the fighting hadended. Male household members had been permittedFP6FP7CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH27

FP8to remain with grazing livestock and to harvest theircrops (an important food source for the coming winter).No reports of family separation or harshtreatment were received from those who had beentemporarily relocated. Some 900 inhabitants from theconflict zone, almost all women and children, wouldremain in rural town centres with relatives and localhosts for the winter.The success in this particular case was very muchrelated to the consensus on a common approach in theUN country team. It is doubtful that any one UNagency would have succeeded by acting alone, but acomplementary approach and informal contacts,when pulled together, provided a successful way tobuild supportive action from the government.2. COUNTRY/FIELD-LEVEL MODELS FOR PARTNER-SHIPS IN PROTECTIONFP8 Building Consensus on Human Rights Within theHumanitarian Community in Principle and PracticeThe Strategic Framework, an effort unique toAfghanistan, was the result of a joint UN headquartersand field exercise that included detailed workshops inthe field with a wide variety of humanitarian actors,both UN and non-governmental. The impetus for thedevelopment of the new approach was the sense that‘business as usual’ was no longer a viable approach inAfghanistan and that the link between peacemaking,assistance and human rights required significantstrengthening.The Strategic Framework was described as “both atool and a process …defining the principles, generalpolicies and institutional arrangements …whilesimultaneously providing a conceptual tool to identify,analyze and prioritize key issues and objectives.”Importantly, the Strategic Framework provided leadership,space and opportunity in bringing thehumanitarian community together to focus specificallyon the human rights dimension of its work.The advancement of human rights was one of fivecore objectives of the Strategic Framework, thus representingone of the central strategic aims of the aideffort in Afghanistan. The five objectives have beenreaffirmed each year since the inception of the StrategicFramework in 1998.A human rights advisor wasdesignated to assist the aid community in strengtheningits capacity to address the human rights dimensionof humanitarian work.A Thematic Group on the Protection and Advancementof Human Rights composed of NGO,donor andUN stakeholders functioned as part of the StrategicFramework to pursue a common human rights strategy.A smaller subgroup made up of a cross-section ofhumanitarian organizations included colleaguesinvolved in child and women’s rights, NGO and UN,Afghans and non-Afghans, women and men is calledthe Consultative Group on Human Rights.A Human Rights Training Package was developed inconsultation with the Consultative Group in responseto strong interest from the humanitarian communityworking in Afghanistan. Gaps in human rights trainingand (importantly) the practical aspects involved inimplementing human rights goals were identifiedthrough extensive dialogue with policy makers andpractitioners. The majority of aid agencies stressed notonly the importance of exposing staff to generalhuman rights information but also expressed stronginterest in exploring the moral and legal sources ofhuman rights within the Afghanistan context and theirpractical relevance to humanitarian aid work inAfghanistan. Relevant resources and specific expertiseavailable within the humanitarian community wereidentified. The second phase of the human rightscapacity-building programme included translation ofthe modules and background material into Dari andPashtu and assisting Afghan NGOS to conduct thetraining programme in the local languages. The thirdphase of the plan was to develop tools for applyinghuman rights concepts to practice (to be developedwith aid staff). For more information aboutAfghanistan programmes and human rights, see theAssistance Afghanistan webpage: http://www.pcpafg.org. This website reflects developments follow-28

Afghanistan, 1996Afghanistan, Kabul: agriculturaltools made from weapons of war.© ICRC 194-7 ⁄ Z. AHADCHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH29

FP9 FP10 FP11International assistance providersmust ensure that all those whoparticipate in its programmes areprotected from the arbitrary useof force.– Principled CommonProgramming, Afghanistan“Principles and OperatingGuidelines”ing the 11 September 2001 terrorist attacks in theUnited States and the subsequent conflict and crisis inAfghanistan.Through the process of consultation, it was recognizedthat a principal challenge faced by thoseinterested in strengthening respect for human rights inAfghanistan is the need to underline the universalityof human rights norms while understanding the culturaland political complexities that affect the potentialimplementation of international standards.The Strategic Framework sought to implement policyand ensure attention to human rights issuesthrough Principled Common Programming (see FP10).FP9 Supporting Human Rights, Community DecisionMaking and Action Through Inter-Agency ProgrammesPrincipled Common Programming and the PovertyEradication and Community Empowerment(P.E.A.C.E.) Initiative: The Principled Common Programmingapproach emerged from the AshkabadConference in January 1997.The goal of PrincipledCommon Programming is to ensure that agenciesidentify and address needs in close consultation withAfghan constituencies in a clear and ethical (principled)manner.FP10 An Example of Principled Common ProgrammingRelevant to the Promotion and Protection of RightsThe P.E.A.C.E initiative is an example of PrincipledCommon Programming in Practice. The P.E.A.C.E.Initiative focused on the poorest and most marginalizedcommunity members: women, children, peoplewith disabilities and the displaced. The Initiativeincluded three implementing agencies: the UN Officeof Project Services, the UN Centre for Human Settlements/HabitatRebuilding, and the Food andAgricultural Organization. It consisted of five projects:1.Strengthening the Self-Help Capacities of RuralCommunities2.Food Security Through Sustainable Crop Production3.Rebuilding Communities in Urban Areas4.Comprehensive Disabled Veteran’s Programme5.Livestock Development for Food SecurityThe overall objective of the Initiative was tostrengthen grassroots cohesion and participation indecision-making; encourage good governance throughgiving a voice to the poor and marginalized; promotefinancial sustainability of community-owned projects;ensure education and communications (to enableinformed decision-making and life skills). For specificexamples of how P.E.A.C.E. projects intersect with theprotection of human rights see FP118,Capacity-Buildingfor Self-Protection [‘Recognizing the link betweenmobilization of soldiers and food security’].FP11 Engaging Humanitarian Actors as Partners withHuman Rights Organizations Can Help Ensure CredibleReporting, Better Coverage and More Effective AdvocacyCredible human rights reporting may provide the documentationneeded to ensure effective advocacy andcreate movement toward enforcement of legalaccountability in local and international courts andtribunals. Yet, the number of trained human rightsmonitors on the scene in Sierra Leone (as in most conflictand post-conflict areas) dwarfs in comparison tothe number of humanitarian aid workers and peacekeepers.At the initiative of the Human Rights Sectionof the United Nations Observer Mission in SierraLeone, a very wide range of these organizations cametogether as the Sierra Leone Human Rights Committeein an effort to improve human rights monitoring,ensure that information was better used and disseminated,and address other issues as needed. TheCommittee met on a bi-weekly basis and developedseveral working groups and ad-hoc task forces. Trainingon monitoring and reporting principles andtechniques was offered to all staff of those organizationsrepresented on the Committee. The comingtogether in the Human Rights Committee of so manygroups, many of which were not ‘human rights organi-30

zations’ per se, greatly improved the level of humanrights advocacy in Sierra Leone during the criticalyears of 1999 and 2000 and certainly contributed tothe levels of international attention to the situation.Human Rights Watch stated in its 1999 World Reportthat the United Nations Mission in Sierra Leone(UNAMSIL) had led “a significant effort to bring aboutthe unity and solidarity of purpose among the governmentand non-governmental Sierra Leonean humanrights community” and that this had been formalizedby the creation of the Human Rights Committee,“which brought local human rights groups, internationalNGOS, the governmental National Commissionfor Democracy and Human Rights and UN agenciestogether for information-sharing and advocacy.”FP12 Donor Leadership: Funding Initiatives That LinkHuman Rights to Aid ProgrammesIn an interesting donor initiative, the British Embassyin Sudan shown specific interest in funding humanrights projects and especially those that link humanrights to aid programmes:• In 2000, the Embassy sponsored a series of trainingprogrammes through the Sudanese NGO ChildRights Watch to train police officers in Khartoum onthe Convention on the Rights of the Child (CRC).• Through the International Rescue Committee(IRC), the Embassy supported a project in Wau (agovernment-controlled town in southern Sudan) toprovide training on the issues of gender, the CRCand HIV/AIDS from a human rights perspective.The target audience included members of the Governmentof Sudan Humanitarian AssistanceCommission (HAC), army intelligence officers, securitypersonnel, police, staff from the Ministry ofJustice, and NGOS and UN staff.As of early 2001, thetraining on HIV/AIDS and human rights hadalready been initiated.• Through Child Rights Watch, the Embassy plannedto support development of a human rights unit inthe police academy (Khartoum) in 2001.• The British Council worked with the Embassy tosupport development of training on constitutionaldrafting for Sudanese lawyers.Other embassies have also been very active onhuman rights issues in Sudan. (See Chapter 6. RemedialActivities and Action to Ensure Accountability,C.Reconciliation Projects and Programmes,for informationabout an extraordinary project on music as aform of reconciliation sponsored by the Royal NetherlandsEmbassy.) Other projects include:• The creation of the first English language dailyindependent newspaper in Khartoum, The KhartoumMonitor,supported by the Royal NetherlandsEmbassy and the Embassy of Germany – a majoraccomplishment;• A project sponsored by the German Embassy toprint all Sudanese laws with the idea of disseminatinglegal principles and making it available tolawyers who experienced difficulty accessing thelaw;• Support of a training series on international humanrights law (with the same target group as the examplein Wau, above);• Support of a theatre play called The Ultimate Choicepresented by a southern Sudanese drama societyfrom Juba. The play portrayed the effect of war onsouthern Sudanese society. The group’s memberswere all residents of Juba and gave ten performancesin Khartoum. The play was widely attended bydiplomats and government officials;• Support of women’s empowerment programmes.Sudanese human rights observers have noted, however,that the willingness of international diplomats tospeak out about violations is equally as important asthe generous support they provide to human rightsand humanitarian organizations.FP12CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH31

Mozambique, 2001Adriano Matsinhe (left), the founder of the NGO Kindlimuka in the capitalMaputo, uses HIV⁄AIDS awareness and prevention posters and a flipchartduring a training session for peer educators. In addition to activities topromote HIV⁄AIDS awareness and prevention, Kindlimuka, as an associationmade up of people living with HIV⁄AIDS, provides counselling and homebasedcare for those with HIV⁄AIDS.© UNICEF HQ01-0168 ⁄ G. PIROZZI32

FP13 Guidelines for Evacuation of Children from WarZones Can Prevent Harm Caused to Children by Separationfrom Families and Poor PlanningDuring the war in Bosnia and Herzegovina, and laterduring the genocide in Rwanda and subsequentrefugee crisis, UNICEF and UNHCR joined with theICRC and the International Federation of Red Crossand Red Crescent Societies to issue joint statementsemphasizing key principles and providing practicalguidelines relating to the evacuation of children fromwar zones. The statements stressed the need to preservefamily unity whenever possible and emphasizedthat if separation was unavoidable, careful records ofall evacuated children separated from their familiesshould be kept to assist later in reunification.The guidelines noted that the trauma experiencedby children upon separation from family is oftengreater than the trauma of remaining with the familyin an area affected by hostilities. The guidelinesstrongly urged that priority be given to providing adequateprotection and assistance to enable families tomeet the needs of their children in place, but alsostressed that every effort be made to abide by the parents’wishes. It was emphasized that children should beafforded the opportunity to have their opinion heardand considered.The guidelines emphasized that when evacuation ofchildren did proceed, special emphasis should beplaced on keeping siblings together, maintaining communicationslinks with the family of origin, andensuring that the child’s knowledge of his or her culture,language and religion is preserved. As a practicalmatter, proper procedures require that personal andfamily particulars, with photos, should be recorded ina personal profile and history file. Copies of the fileshould be given to the family, the child (to travel withhim or her), the national authorities, the agency towhom the child is entrusted, and to a neutral monitoringagency such as the Central Tracing Agency of theICRC.3. GLOBAL INFORMATION-SHARING ARRANGE-MENTSFP14 An Example of Focused Global InformationSharing That Promotes ProtectionThe Global IDP Database Project. An interactive (participatory)global database on internal displacementserves as a useful tool in planning programmes to protectand assist the displaced. A project of the IASC(implemented by the Norwegian Refugee Council –NRC), the Global IDP Database, part of the Global IDPProject, is now widely used. The database uses a countryprofile and presents information based on theGuiding Principles on Internal Displacement. (SeeBibliography for description of the Guiding Principlesand how to obtain them). The information is organizedin categories common to all countries, andincludes data on the number of displaced persons,who and where they are, and from where they originated.One category, Protection Concerns,covers theright to life, rights related to physical security, freedomof movement, etc. Other categories provide informationon protection indicators such as ‘Access toEducation’, ‘Issues of Self-Reliance and Public Participation’,and ‘Issues of Family Unity, Identity andCulture’. Maps, electronic links to sources of informationand to organizations, and a search mechanism areprovided.A section on best practices enables the sharing ofinformation about what seems to be working where.The database provides an important tool for the developmentof complementary approaches in that it enablesorganizations to learn about what others are doing. InMyanmar, reports were published by ethnic minoritieson the database even in the early phase of the project. InPeru,where returnee associations had their own websites, the associations linked in to the database.Over time, the database has helped create a networkof organizations interested in the protection of IDPS.The Global database is only one part of the Global IDPProject, which has continued to expand with the focusof streamlining information practices through theFP13FP14CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH33

FP15FP16promotion and dissemination of common standardsfor definitions and needs of IDPS,common standardsfor data collection in IDP studies, and further standardizationof methodology for charting the IDPsituation worldwide.4. PROTECTION WORKING GROUPS AND OTHERCOLLABORATIVE MEASURESFP15 Creating Multi-Organizational Commissionsor ‘Complementary Tables’ to Monitor AgreementsBetween Government Institutions and Populationsin DangerThe Mixed Commission of Verification for the CacaricaRiver IDP (Urabá) in Colombia is a unique example ofwhat is referred to as a ‘coordination space’ with protectionof IDPS as the central focus. The Commissionwas created in 1998 because of strong advocacy by theColombian NGO Justice and Peace and representativesof IDPS from the Cacarica River (Urabá) area. Themandate of the Commission was to closely follow andverify the fulfilment of agreements between the CacaricaIDPS and the Government in order to ensure thepossibility of return for the IDPS.The Commissioncontinued its work over a period of years and becamea crucial tool for the integration of protection activitiesrelating to IDPS.The primary focus of theCommission was human rights in relation to landissues, humanitarian aid, health, and education andinfrastructures. The Commission met in Bogotá butmade visits to the field. Participants included IDP representatives,government and state officials, UNHCR,diplomats from various embassies, and national andinternational NGOS.At times, the non-governmentalcomponents of the Commission met independently todefine joint approaches to work in the field and workrelating to the Commission. Such complementarymeetings added flexibility and working capacity to theCommission. Although the outcome of the Commission’swork did not fully meet expectations of someparticipants, the Commission and the support gainedby the IDPS from external sources provided a great dealof hope for improvement within the IDP population.The Complementary Table for the Magdalena MedioRegion was initiated by international organizations(including Peace Brigades International) with the aimof developing advocacy and protection activities(among other objectives). The Complementary Tablewas developed in 1999,drawing upon the experienceof similar groups: the Urabá and Atrato Tables(‘spaces’ where national and international NGOS andchurch representatives could meet about problemsfaced by IDPS), the Mixed Commission of Verification,and DIAL (Dialogo Inter Agencial en Colombia).DIAL is a five-agency group working toward improvedcoordination of response to IDP needs in Colombia.The Complementary Table was created in a consciousattempt to overcome some of the difficulties experiencedby the other groups. Given the existing socialfabric (civil society) in the Magdalena Medio region,emphasis was placed on supporting their work. Themembers of the Table were only internationals giventhe complex situation in the region, but the focus wason developing joint strategies with national organizations.Meetings were held in Bogotá and in theMagdalena Medio; joint field missions and joint advocacyefforts aimed toward the Government andsecurity forces were undertaken.FP16 Ad Hoc Task Force on MinoritiesIn Kosovo, working on the basis of UN SecurityCouncil resolution 1244, the UN Mission to Kosovo(UNMIK) was charged with the protection of minorities.The Deputy Special Representative for theSecretary General (called the ‘Humanitarian AffairsPillar’) chaired the UN Mission to Kosovo Ad HocTask Force on Minorities,which met on a weekly basisto coordinate the provision of security, protection andassistance in a strategic and mutually reinforcing manner.UNHCR was an important participant (UNHCR’smandate in Kosovo included IDPS). An associatedeffort involved joint reporting by UNHCR and the34

OSCE in the ‘Periodic Assessments on the Situation ofMinorities’.FP17 Creating a Special Task Force Can EncourageRapid Assessment and ResponseIn Afghanistan, an large inter-agency task force pulledtogether to work during a period of forced displacementfrom Shomali in 1999.After a time, the grouprealized it would be more effective as a smaller, moreclosely knit unit that could meet regularly. EmergencyTask Force teams were then set up in additional areas(i.e., Islamabad, Kabul and in the Panjshir Valley) sothat information could be relayed back and forth. Oneof the initial decisions the Task Force made was a difficultone. A group of people displaced during amilitary offensive was stopped in a place with inadequateconditions for any length of stay. The Task Forcepassed along the message to the de facto authoritiesthat food assistance beyond immediate needs wouldnot be provided to the IDPS because the site was difficultto access and not viable for the survival of theIDPS over time. Eventually, the IDPS were allowed tomove to another site. The Task Force met every daywhile the situation remained at the crisis point andcontinued to meet every two weeks, holding open theoption of meeting more frequently when events on theground required it. The Task Force liaised with theICRC,which played the primary role in responding todisplacement in Afghanistan and in raising violationsof international humanitarian law with the militaryand civil authorities. Although the Task Force was initiallycreated in response to displacement, its memberscame to realize that it needed to focus on othersaffected by conflict, drought and other threats to safetyand well-being.A key success of the Task Force was that the aidcommunity came together and collectively decided ona joint strategy, which provided greater leverage vis àvis the authorities. Further, the Task Force was usefulin that it helped produce an overall as well as localizedstrategy(ies). A similar joint policy was pursued duringa later period when Afghan refugees were unableto cross over into Pakistan, and the authorities werepressuring aid agencies to create yet another IDPcamp. (See Chapter 5. C., Practices to Protect DisplacedPeople, 2. Protection During Flight and Displacementfor more details on this incident and response.)Later, the IDP task force evolved into the EmergencyTask Force incorporating issues arising from conflictand drought. The Emergency Task Force operated fromvarious locations, contributing to a consultative, strategicdecision-making mechanism.FP18 The Inclusion of Protection or Rights Specialistsin NGO Operations/Humanitarian Experts in HumanRights OrganizationsA number of humanitarian organizations, includingMedecins sans Frontieres (Doctors Without Borders)(MSF), the International Rescue Committee, Save theChildren International, CARE and others have hiredspecialists or created special units or postings to promoterights and encourage the development ofprogrammes in the field that incorporate protection aspart of assistance programmes.FP19 Inclusion of Human Rights as a Regular AgendaItem in Country Representative Meetings Can BringHumanitarian and Human Rights OrganizationsTogether Around the Same Table and Encourage Participationof Humanitarian Actors in Other HumanRights ActivitiesThe country directors of international NGOS in SierraLeone included a human rights agenda item in everyone of their weekly meetings. The international NGOSwere also active members of the Sierra Leone HumanRights Committee (described in a previous example).Human rights discussion at these meetings included asstandard practice representatives of human rightsNGOS and the human rights section of UNAMSIL.Thediscussions had a clear impact on humanitarian practiceand greatly assisted the partnership between thehumanitarian and human rights communities.FP17 FP18 FP19Because of the historicdichotomy between economic,social and cultural rights on theone hand, and civil and politicalrights on the other hand, therehas been a traditional dividebetween human rights NGOS(which tended to focus more oncivil and political rights) and therest of us (who were mostlyfocusing on delivery of services,i.e., economic and social rights).– Relief worker, SudanHuman rights work is not justabout violations; human rightshave suffered from inattention toeconomic, social and culturalrights.– UN Human Rights Advisor,AfghanistanCHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH35

Kosovo, 1999A long line of Kosovar refugees who have just arrived by bus from theborder town of Blace, walk towards a new encampment near the town ofBrazda, a UN and NATO assisted camp further inside Macedonia. Havingarrived by train or on foot between 31 March and 7 April, thousands ofrefugees spent more than a week in Blace without access to internationalassistance, helped only by local NGOs.© UNICEF HQ99-0057 ⁄ R. LEMOYNE36

FP20FP20 Legal Aid Centres and Inter-Agency CollaborationThe Norwegian Refugee Council, a humanitarianNGO, established a network of civil rights projects providingfree legal aid/information on issues related torefugees, IDPS,returnees and minority groups inKosovo. Each centre ran additional mobile teamsoffering legal information in the surrounding district.The centres were staffed with local lawyers and legalassistants.CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH37

FP21B. Negotiating Access to PersonsUnder Threat & Ensuring theRight to Humanitarian Assistance“OCHA's principal role is to ensurea coordinated response tocomplex emergencies, linking thepolitical and humanitariancomponents. OCHA can provideinformation and reports on thepolitical activities in the GeneralAssembly and the SecurityCouncil with respect to theprotection of civilians in armedconflict. OCHA also has availablepublications on related issues,such as strategic humanitariancoordination, internationalhumanitarian and human rightslaw, IDPS, sanctions and theConsolidated Appeals Process.”(See Bibliography for adescription of some ofthese materials and how toobtain them.)Persistence is the key. On accessto the Nuba mountains, the issuedidn’t get dropped. The need foraccess was made in everymeeting, and was made the lastpoint every time.– UN staff, southern SudanAs noted in the March 2001 Report of the UN Secretary-Generalto the Security Council on the Protection ofCivilians in Armed Conflict,safe and unhindered accessto vulnerable civilian populations is granted only sporadicallyand is often subject to conditions, delayed orsimply denied. Entire communities and sometimeswhole regions are therefore deprived of even basicassistance and protection, with devastating consequences.In situations such as Sierra Leone, wheremany people suffered terrible atrocities out of sight ofwitnesses, or in Somalia, where people were deliberatelystarved to death, access was the unmet prerequisitefor any action to protect civilians. Given the slowprocess of political action and peace processes,humanitarian organizations are forced to negotiateaccess under very difficult conditions with a wholehost of actors from government ministries to soldiersin the field to armed non-state actors without anyagenda other than to terrorize and rob the population.The complexity of the situation on the ground callsfor flexible approaches, common standards or groundrules, complementary negotiation strategies and theavailability of skilled negotiators. It is now generallyagreed that engagement with the parties on theground is necessary, but this raises difficult ethicalissues when those parties are deliberately inflictingstarvation or other violations upon the civilian population,or when even finding the right contacts isdifficult. The fact that so many humanitarian actorsindependently negotiate access also creates difficultiesbecause the various parties manipulate any divisivenessto their advantage.The Secretary-General called for several measures tobe taken to address access to populations in danger:• The IASC was asked to develop a manual for accessnegotiations and strategies, including benchmarksfor the engagement and disengagement of aid agencies,demands of conditionality, clearanceprocedures, needs assessments, and other principles.• The Emergency Relief Coordinator was asked towork with the IASC to develop models for bettercoordination of access negotiations on the ground.• The Security Council was urged to actively engagethe parties to conflicts in a dialogue aimed at sustainingsafe access for humanitarian operations, andto demonstrate its willingness to act where suchaccess is denied.• The Security Council was encouraged to conductmore frequent fact-finding missions to conflictareas to identify specific requirements for humanitarianassistance and to obtain safe and meaningfulaccess to vulnerable populations.FP21 Reaching Populations in Danger Through SheerDeterminationThe Afghanistan Mule Caravan: In the dead of winterin January 2000, an extraordinary event occurred thatwent unnoticed by most of the world. A massive effortwas launched to reach and provide desperately neededfood aid to an isolated minority community in theSamangan Province of northern Afghanistan.The Darra Souf district in the Province had been38

the scene of heavy fighting in 1999 and many of itsinhabitants had lost everything. They fled to themountains for protection in temporary shelters athigh elevations. With the coming of winter many peoplecame down to lower elevations, but they were stillliving in a highly inaccessible area. With fighting goingon much of the year, the United Nations programmefor Afghanistan had been unable to reach them. Evenafter the fighting abated, however, access was difficultbecause those who had been displaced lived in anopposition area and the de facto authorities on theother side of the front line would not allow humanitarianworkers to cross.Following discussions with both sides by the UN,an agreement was reached by the parties to the conflictthat they would allow the passage of certain supplies.This was a major breakthrough – as the UN staffmember who negotiated the terms put it, “This principleof the right to humanitarian assistance for IDPS isnow firmly established.” But agreement on safe passagewas only the first hurdle to cross. By then, winter hadset in. Sub-zero temperatures were daunting and roadsthrough the mountain passes were impassable forvehicles because of deep snow – and they were alsomined. A solution came from a local truck driver, whosuggested using donkeys (provided during the Afghanresistance to Soviet occupation years ago by the UnitedStates) to negotiate the mountain passes. Donkeyscould not only carry a great deal of supplies but couldalso avoid mines laid on the sides of the road.About 1,500 donkeys (contributed by villages alongthe road) made several treks over the snow-coveredmountain to transport some 6,000 donkey loads ofassistance. The donkey drivers were paid the equivalentof $1US for each trip. Villagers worked day and nightfor one month to move the aid across the snow-coveredpasses, risking exposure to sub-zero temperaturesand packs of wolves. Michael Semple, UNofficial in charge of assistance to the area, attributedthe success of the operation primarily to the efforts ofAfghan civilians in the area and a national NGO (theCooperation Centre for Afghanistan). Semple noted,“Despite conflict, many Afghans in the area provedready to cooperate to help fellow Afghans. The will towar is not universal.” When the donkeys passed in thelong caravans, the soldiers even waved their guns andcheered. The situation in Afghanistan in the fall of2001 brought world-wide attention to the critical issueof access to civilians on humanitarian grounds.FP22 Promoting the Principle of Humanitarian Accessand Advocating for a Concerted and CoordinatedApproachThe Committee on Food Aid in Sierra Leone heldextensive discussions about how to overcome accessconstraints, and developed a definition of a commonstrategy regarding negotiations relating to access. TheCommittee, chaired by the World Food Programme(WFP), includes NGOS,a government counterpart, theUN Office for the Coordination of HumanitarianAffairs (OCHA), donors and the ICRC.At both theCountry Office and New York level, WFP maderepeated efforts to ensure that the issue of humanitarianaccess was discussed as a priority by the UNSpecial Representative to the Secretary-General. Moreconcretely, prior to assessing food needs, joint securityand logistics missions were carried out by WFP withOCHA in rebel-controlled areas to increase compliancewith the basic commitments on humanitarian accessmade in the Lomé Peace Accord and reaffirmed by theleaders of the main factions in Freetown. WFP staffused the ‘Code of Conduct for Humanitarian Assistancein Sierra Leone’ as a tool for promoting theprinciple of humanitarian access. The Code of Conductnoted that the neutrality of humanitarian actorsshould be “in accordance with international law” – aformula intended to ensure that neutrality was notinterpreted in a manner inconsistent with internationalhuman rights standards. (See Chapter 3.D.1.Promotion of Ground Rules and Codes of Conduct Basedon International Legal Standards and HumanitarianPrinciples).FP22You have to be clear about why agroup is not receiving assistance– and who is blocking it.– UN staff, southern SudanCHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH39

FP23 FP24The World Food Programme(WFP), as the food aid arm of theUN, represents a majorcomponent of internationalefforts to ensure safe andunhindered access to food by themost vulnerable people withinpopulations in need through itsprogrammes and advocacyefforts. WFP works in closepartnership with UN and otheragencies within the humanitariancommunity. WFP seesstrengthening of opportunitiesfor women as critical to thesolution of the problems ofhunger and poverty. WFP workstoward integrating appropriateroles for women in all aspects ofoperations. WFP can help partneragencies to address access constraints,strengthen food deliveryand distribution methods, takinginto account security concernsaffecting programme participantsand staff.FP23 Private Contractors Can Sometimes VentureWhere UN Vehicles Cannot, Enabling Improvement ofDelivery Access to People in NeedIn Somalia, WFP developed a plan in the late 1990s toaddress the problem of banditry. WFP devised a system(which the NGO CARE also adopted) wherebytransporters to whom contracts were given posted abank guarantee (referred to as a ‘performance bond’usually by means of a letter from their bank) guaranteeingthat in the event of failure to deliver they wouldreimburse WFP the value of any food lost. In effect,this meant they were required to post the value of theentire contract. This resulted in a de facto zero loss enroute, although the transport rates were high. Foodwas delivered by transporters to pre-designated partners– an NGO,village/community elders or in somecases, WFP field staff.The performance bond was notreleased or the transport service paid until the foodreached the distribution point. Ensuring that theimplementing partner distributed food to the ‘targetedbeneficiaries’ was a more difficult problem, butprogress was made through tightened monitoringwhere possible as well as the judicious use of ‘sanctions’for poor performance, etc.FP24 National Immunization Days and ‘Days of Tranquillity’Can Be Key to Accessing Hard-to-ReachPopulations and Can Bring Humanitarian, Politicaland Military Actors Around the Same TableNational Immunization Days, also called ‘Days ofTranquillity’ (a cease-fire negotiated between bothsides in a conflict to permit the vaccination of children)and ‘Peace Corridors’ are arranged by UNICEF,the World Health Organization (WHO) and RotaryInternational in many countries today, but in SierraLeone, National Immunization Days negotiated by theWHO and UNICEF Missions became a concrete exampleof a method to ‘expand humanitarian space’– away to gain access to a previously inaccessible population– and represented a small step in moving thepeace process forward. Shuttling between clandestineaudiences with the different rebel commanders,UNICEF and WHO staff worked to get across the messageto rebel commanders that immunization couldprevent disability and death from polio. In the end,commanders not only allowed teams of UN-backedgovernment health workers to immunize children inareas previously closed to humanitarian and humanrights workers, but mended roads previously impassableto allow teams to get through, and in one caserounded up forty bicycles to allow the teams to reachareas unreachable by car.In the year 2000, the National Immunization Day inSierra Leone resulted in the rebels themselves requestingthe humanitarian community to work with themto bring basic health services to populations isolatedby the conflict. It was hoped that the programmewould open the door for humanitarians to introducenew programmes to reach those previously cut offfrom assistance.In early 2001,more than 1,000 health workers andvolunteers carried out the first round of Sub-NationalImmunization Days in the rebel-controlled areas ofnorthern and northeastern Sierra Leone. This was thefirst time in 10 years that children in that regionreceived polio vaccine – insecurity due to the ongoingconflict had prevented access. The Rotary Foundationsupported the campaign, and as of 2001 had contributedmore than $1.3 million toward polio eradication inSierra Leone.In Sudan, National Immunization Days (Days ofTranquillity) conducted in 1999 and 2000 provided thefirst opportunities in a decade to reach the populationliving in the Nuba mountains. Some of the areas visitedhad never been accessed for any reason byhumanitarian agencies before.In Afghanistan, National Immunization Days/Daysof Tranquillity provided the opportunity to achieve atemporary cease-fire for polio vaccination, permittingaccess to many children in a previous ‘no-go’ zone.Although the access for vaccinations was only temporary,participants believed that link duringimmunization days to other projects could extendpresence in these areas and open up new programme40

possibilities.UNICEF and WHO also negotiated annual ‘days oftranquillity’ for nation-wide immunization campaignsin Sri Lanka between 1996 and 2001 (and planned tocontinue the programme). These efforts require complexnegotiations involving all the key agencies andwith all parties to the conflict, but have succeeded inmaintaining high levels of coverage for vaccine-preventablediseases in Sri Lanka, despite the long conflictand shifting conflict zones.The World Health Organization(WHO) works to strengthen thecapacity of governments andhealth workers in general tointegrate human rights principlesin the design, implementation,monitoring and evaluation ofpublic health programmes andpolicies. WHO is strengthening itswork in this field by developingtools, guidelines, and trainingmodules aimed primarily atenabling health workers toachieve the greatest possiblesynergy between public healthand human rights.Vaccination campaigns savemillions of lives but the campaigncan be life-threatening for thethousands of volunteers whotake part in a country where bothterrain and political difference orperceptions can kill. Nine healthworkers died in the 1999 poliocampaign in Ethiopian Somali;four from land mine explosions,three from gunshot wounds, andthree in road accidents.CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH41

C. Conscious Presence:The Strategic Implementation ofProgrammes to Promote Protection& Prevent ViolationsThe equation ‘presence equalsprotection’ does say the rightthing, but it doesn’t say enough.International presence alone willnot bring protection. Thepresence must be conscious,forceful, and courageous. It mustbe an engaged presence that isnot afraid to resist injustice andcruelty.– Bill Frelick,US Committee for RefugeesI am 100% sure that presence hasmade a difference.– Relief worker, AfghanistanI believe that 80% of the time Iam invited to go places withpeople just for the sake of mypresence with them.– Civil Affairs Officer, AfghanistanAs noted in the quote to the left, presence alone willnot provide protection. Conscious presence isrequired: presence that has the specific aim of preventingor reducing violations and that seeks to exploitwhat may be very narrow windows of opportunity.It should not be forgotten that just as humanitarianorganizations engage in ‘strategic planning’, so dothose who are participants in armed conflict or campaignsof violence. It is important to determine whatthe goals of the parties are and how this will affectpresence and protection activities in general.Humanitarians are unarmed and are morally committedto respect for international law – thoseengaging in abuses, on the other hand, do not placerestraints on their behaviour. For this reason, presencewill not always prevent violations. Those perpetratingviolations are often conscious that humanitarians arewitnesses and may limit access for this reason. Theymay deliberately attack humanitarian aid workers inorder to force the withdrawal of aid operations or mayotherwise manipulate the situation (by demandingpresence in one area while denying access to another,for example).The presence of international witnesses who fail toact may be taken as a sign of acceptance of violationsand may further embolden perpetrators, thereby furtherincreasing risk. It is critically important thatwould-be perpetrators are aware that some action willbe taken when they violate the law.Irrespective of the above caveats, people in dangerconfirm that presence is an essential protection tooland may have other benefits, such as preventing flightdue to panic and maintaining a sense of hope. Itseffectiveness as a protection strategy will vary accordingto time, place and circumstance, so it is importantto consider the specific situation at hand and planaccordingly.Peace Brigades International (PBI), which hasextensive experience in the use of presence throughthe protection strategy of accompaniment (physicalpresence with endangered persons) notes that giventhe limited resources available to many organizations,it is important to focus the work very carefully – howcan the most be gained from field presence? Accordingto one PBI expert, the only way is to select the majornodes of the social fabric of the community, and concentrateprotective efforts on them. These nodes areusually individuals (natural leaders, elders, etc.), bodies(internal or tribal councils, for example), ororganizations (NGOS providing support to those indanger). If an attacker hits these nodes, the protectionof the whole community is thrown into question. Butif these social structures are able to go ahead with theirintegrative work, probably the whole community willmove ahead, even if they suffer attacks or repression.This is a strategic and operative choice (of course, alllives, whether of leaders or ordinary citizens, areequally valuable). Obviously, it is not always easy toimplement this in daily work. For example, PBI providedround-the-clock presence in the PeaceCommunity of San José de Apartadó in Urabá,Colombia. It was impossible to protect the 2,000inhabitants – most of them IDPS – in the communityor to protect the entire perimeter. In an agreementwith the Peace Community, it was established that PBIwould provide international presence with a focus on42

members of the Internal Council of the communityand the Missionary Team accompanying them.FP25 The Presence of Outsiders Provides a Measure ofProtection for Individuals or Communities Threatenedwith Displacement in ColombiaIn the Colombian ‘violencia’, individuals or entirecommunities often received direct threats that theywill be killed or removed from an area. Those receivingwarnings face life-or-death decisions aboutwhether to comply with the threats and join thelegions of displaced, or remain to risk beatings, tortureor murder. Often these decisions were made with littlesuccour from civil authorities, who lacked the capabilityor will to provide protection.Colombian and international organizations, primarilyNGOS, and in particular PBI, partially filled thisprotection gap by providing volunteers to reside withthreatened individuals or within at-risk communitiesin a number of areas in Colombia. The presence ofvolunteers on a 24-hour a day basis (‘accompaniment’)deterred attacks by armed forces who fearoutside witnesses. Although volunteers, especiallythose from international organizations, have occasionallybeen criticized for lacking in-depth knowledge oflocal culture or political situations, presence was frequentlyused as a protection tool in the Colombianconflict and has been widely acclaimed as successful.FP26 The Presence of Unarmed Official Monitors CanHelp to Prevent or Mitigate Abuses Under the ProperLeadershipIn the fall of 1998, the Serbian leadership, under risingthreat of NATO intervention, agreed to allow thedeployment of unarmed ‘verifiers’ into Kosovo underthe mandate of the Organization for Security andCooperation in Europe (called the KVM- Kosovo VerificationMission). Although not humanitarians, therewas a nexus between the work of the verifiers andhumanitarians – part of their job was to ensure accessfor humanitarian aid. It was also understood that partof the mission was to provide protection of civiliansthrough presence. John Fawcett, a veteran humanitarianaid worker in war zones, notes that while scepticalof the effectiveness of unarmed or even lightly armedmonitors in protecting civilians when armed groupsare determined to harm them is limited, one unit inKosovo that was particularly effective. The PrizrenKVM personnel had a clear mission defined by theircommander: to be as aggressive as possible in protectingpeople. In one example of how this mission wascarried out, KVM personnel were instructed that at thefirst sign of an outbreak of violence, they were toimmediately proceed toward the threatening Serb militaryinstallations and into the village under threatitself. Their presence was intended to head off anyescalation of violence. This action stood in direct contrastto the reaction of other KVM units, whichwithdrew to barracks at the first sign of trouble. Fawcettpoints out that the action of the Prizren unit wasrisky, based upon analysis and calculated risk and waseffective at the time. KVM also created a ‘drop-in centre’for UN and NGO humanitarian agencies in orderto share information and to keep their finger on thepulse of what was happening in the field.¹FP27 Established Field Presence and Widespread Contactswith Contending Groups Provides ProtectionThe ICRC programme in Colombia illustrates howprotection activities must sometimes be built on thefoundation of a major field presence, and on a majorinvestment in ongoing dialogue with contending parties.The ICRC established some 16 offices andsub-delegations across Colombia, by far the largestinternational presence in the nation. Its regular contactsinclude civilian authorities, local andinternational NGOS, the high command of the Colombianmilitary, every military brigade or division of theColombian army, battalions of the anti-guerilla unitsof the army, the major self-defense and private secu-1 John Fawcett conducted a study of the KVM in 1998 under theauspices of the International Rescue Committee and the InternationalCrisis Group.FP25 FP26 FP27A communiqué dated 24 May1999 from human rights activistin Belgrade who courageouslyvisited the Kosovo provinceseveral times since the bombingstarted reads:“After mass expulsions ofAlbanians from surroundingvillages, the targets have nowshifted to doctors, professors,lawyers, political activists andAlbanians who worked for theOSCE [Organization for Securityand Cooperation in Europe] orrented their houses to OSCEpersonnel. They are questionedby police and then expelled toAlbania (from Kosovo) by force…Some of the expelled sent signalsthey were safe… others disappearedleaving no trace behind…Everybody fears paramilitarygroups, unmarked cars, policequestioning, possible expulsion,and, as of late, hunger… They donot know what to do. If they go,this will mean leaving behindtheir homes, property, and thetown they love. If they stay, allthey can expect is humiliation. Ifonly there were some internationalorganization in the area,they say, they would feel moresecure and this would give themstrength to persevere and staythere.”CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH43

FP28 FP29 FP30In most or all the cases we havebeen engaged in, internationalpresence is a factor that entersinto the political calculations ofcosts by the attackers.– Luis Enrique Eguren,Peace Brigades InternationalPeace Brigade International’spresence has made protectivemechanisms more effective, andhas also contributed to arecognition of State responsibilityfor security and protection… Inthe midst of barbarity theirpresence has enabled us, thecitizens and inhabitants of thiscountry, to continueaccompanying the displacedcommunities, those in theprocess of return, and the peacecommunities …has prevented thenumbers of assassinated,disappeared, tortured and newlydisplaced person frommultiplying even more than theyhave already done… It has meantprotection for us, but moreimportantly the chance for thecommunities to rebuild all thatwas destroyed.– Danilo Rueda,Inter-Congregational Justice andPeace Commission, Colombiarity groups, most of the one hundred or so ‘fronts’ ofrebel forces, the directors of more than 150 prisons, the‘Defensoria del pueblo’ (Ombudsman for HumanRights), numerous ‘cabildos’ or native populationmunicipalities, all autonomous branches of theColombian Red Cross and the different actors withinthe Catholic Church. In urban areas, ICRC contactswere expanded to numerous militias and youth gangs.Overall, extensive ongoing representations to thisarray of contacts, underpinned by a large field presence,served as the basis for protection activities.FP28 Relocating Humanitarian Operations/IncreasingPresence Can Increase Stability for Programme Participantsin Isolated AreasOXFAM moved its operations base from the Rumbekarea of southern Sudan to another region once a numberof other NGOS began to operate out of Rumbek.“OXFAM moved to the western part of the areabecause there was a need – the presence of any agencygives the sense of stability in a location. WheneverNGOS move out, the population feels really threatened,”an OXFAM representative explained. The biggestchallenge in being ‘the only kid on the block’, OXFAMsays, is to ensure the security of local staff,who maybecome more exposed. OXFAM recalled that when oneof the local staff was arrested OXFAM took action,which later became included in staff training aboutwhat to do in these situations. It was agreed that certainsteps should be taken: someone must go talk tothe local authorities, and if release is not possible,should suggest the person be permitted to stay in thecompound on house arrest rather than in the detentionfacility. In more isolated areas such as Rumbeck,however, staff security was more difficult, particularlyfor medically trained staff,who were of particularinterest to the military, which forcefully recruitedthem. NGO compounds were being violated and staffwho tried to protect them beaten.FP29 ‘On the Spot’ Interventions (Presence During anIncident) Can Mitigate and Sometimes Prevent Violations:• When forced relocations of IDPS took place inKhartoum, foreign embassy representatives sometimesarrived at the scene to try to discourage therelocation through presence and public statements.• Immediately following the signing of the DaytonPeace Accords, Serb residents of some Sarajevo suburbswere pressured and threatened by their ownauthorities to leave Sarajevo. Tactics included settingfire to apartment buildings to force residentsout. Unfortunately, but understandably, many Serbswho would otherwise have stayed were so afraidthat they departed. UNHCR,realizing there weresome residents who wanted to stay on regardless ofthe threat, set up a small ‘safe house’ in one block ofapartments so that at least some people, many ofthem elderly, could remain. A Serb woman donatedher apartment for the effort. The safe house wasstaffed round the clock for a short period. The safehouse was not touched because of the presence ofinternational UNHCR staff.After a short period ofnegotiations, NATO troops agreed to provide somesecurity outside the building.FP30 Unity and Presence in Setting up Programmes toReach Minorities Under ThreatWith the exception of only one international NGO,allinternational agencies and NGOS interviewed by thisfield study’s mission to Kosovo had initiated programmesin enclaves inhabited by minorities. Escortedby the Kosovo Force (NATO peacekeepers) or UNCivilian Police, humanitarian agencies and NGOS conductedregular visits to minority areas to monitorhumanitarian needs, including protection fromharassment and violence.44

Azerbaidjan, 1996Distribution of family packagesand vegetable seeds at Vaghuas.© ICRC 23-34 ⁄ B. HEGER

FP31 FP32 FP33FP34We need people with integrityand courage who are not afraidto be honest.– Experienced relief worker,AfghanistanFP31 Purposefully Locating Programmes Where There IsEthnic Discrimination or a Population in Acute DangerOXFAM’s biggest programme in Afghanistan was basedin the Central Highlands area, the scene of numerous,ethnically motivated violations. The terrain is verydifficult. Humanitarian assistance projects were oftendisrupted or stopped because of fighting in the area,meaning people’s access to food and medical care werecut off. OXFAM, as a part of its focus on social justice,often makes a point of placing operations where othersare not working or where a particular group isunder threat. A number of Afghan NGOS also operatedin the Central Highlands and maintained a more continuouspresence than OXFAM or other expatriateagencies, but as is often the case with national NGOS,were much more exposed to risk of harm.FP32 Setting Up Alternative Distribution MechanismsCan Enhance Access and Accessibility to Specific Populationsat Risk or Prevent Violations• International agencies and NGOS identified alternativedistribution mechanisms to enhance access forminorities in Kosovo not able to enjoy full freedomof movement during the post-conflict periodbecause of insecurity. Orthodox churches in or nearSerbian enclaves, for example, were often designateddistribution centres.• In Burundi, people who had to travel far to reachfood distribution sites often faced ‘taxation’ of theirfood aid, or looting from armed groups or peoplenot eligible for food assistance. The WFP tried tolimit the exposure of people to these threats byestablishing distribution points as close to communitiesof displaced persons as security and roadconditions permitted, and by placing distributionpoints away from ‘rival’ populations. Smallerrations (7-day rations rather than 15-day rations)were used so that IDP sites were less attractive tolooting by rebel or military forces. On occasion,WFP provided a token quantity of food to rival populationswho, while vulnerable, were not assessed asa top priority for food assistance in order to limitthe looting of food designated for a higher risk population.• During the war in Bosnia and Herzegovina, UNHCRdid not have a sufficient number of staff to effectivelymonitor all distributions. In somecommunities, they placed placards on the walls ofthe distribution centres that provided informationabout the date and amount of food to be delivered,the criteria for distribution (including entitlement),and the name of the official responsible for distribution.This went a long way toward preventingdiversion by local authorities and decreasing suspicionof diversion.FP33 Expatriates Can Discourage Abuses by LivingAmongst People Under ThreatIn the Bosnian town of Banja Luka, some internationalUNHCR staff chose to rent apartments in thehomes of families who were being targeted for expulsionbecause of their ethnicity. As long as theexpatriates remained in the household, expulsionswere prevented. While only a limited number of familiescould be protected in this way, this did assist somefamilies in holding on to their property throughoutthe war, meaning that extended family members andothers had a place to go when they were expelled fromtheir houses. A caveat is that in some situations, suchas in Kosovo, persons who hosted international staffwere the first to be targeted by hostile forces followingthe evacuation of international staff.FP34 Programmes Can Promote Human Rights andReach Marginalized Groups Through Community-Based Youth Centres and Other ServicesThe International Rescue Committee (IRC)supporteda large psychosocial response programme for the childrenand youth of Kosovo, establishing youth centresin Gnjilane/Gjilan, Prizren, and Pec/Peja. Sports andrecreation, computer and language training, art andmusic, human rights and tolerance building, andapprenticeship programmes for adolescents who had46

dropped out of school were offered. The centres alsoprovided a venue for the development of clubs, associations,and peer support groups. Importantly, the IRCconducted extensive outreach to minority communitieswith little or no access to social services throughthe youth centres. The programme addresses the postconflictneeds of adolescents by offering psychosocialsupport training for teachers and other youth serviceprofessionals.FP35 Increasing Presence and Working Closely withCommunity Committees Can Ensure Access to ‘Forgotten’or ‘Invisible’ Vulnerable GroupsWhen Burundi’s Bujumbura Rural was a Phase IV(highly insecure) environment, humanitarian assistancewas constantly blocked because of the insecurity.Missions were regularly cancelled at the last minute asfront lines shifted. Access problems made it nearlyimpossible to maintain normal programme activities,such as validation of recipient lists through randomsamples or the establishment of food committees. TheWFP recognized that groups with special protectionneeds (the elderly, child-headed households, unaccompaniedminors, the sick, etc.) were not receivingsufficient food. People with special needs were oftenforgotten or deliberately excluded by authoritiesresponsible for distribution lists, were not physicallystrong enough to travel to register, fell victim to theftof their food entitlement by the person designated topick it up, or faced other problems. Despite the riskinvolved, WFP staff decided to increase field presencein order to establish closer links with communitiesand create food committees to ensure that those inneed not only appeared on distribution lists but alsoreceived and managed to hold onto the food. Committeesbecame very active in a number of sites inBujumbura Rural, resulting in improved access to foodfor special populations at risk and decreased corruptbehaviour by local authorities during list preparation.FP36 Posting Protection Staff in Adjacent ‘FriendlyTerritories’ Can Help Ensure Access During CrisesThere were very few opportunities for internationalpresence in Eastern Bosnia and Herzegovina duringthe years 1992–1994, especially during periods of active‘ethnic cleansing’ – those committing the abuses didnot want witnesses. It was extremely difficult to getinto the area from what was considered hostile territory.Inorder to gather a picture of the abusesoccurring during this period, UNHCR deployedmobile protection staff from the area from the FederalRepublic of Yugoslavia (FRY). This was considered lessthreatening to the authorities, who perceived the FRYas ‘friendly territory’. The continued provision ofmaterial assistance by UNHCR also contributed to theacceptance of the visits and in some cases the ongoingpresence of protection staff in the area.FP37 Continued Presence When All Around IsDescending Into Chaos Offers Moral Support to Civiliansand Helps Allay Fears of Total AbandonmentDuring the rebel advance on Freetown in May of 2000,almost all humanitarian actors were evacuated toGuinea, but the Heads of Mission for WHO, UNICEFand WFP stayed behind. They assessed their ongoingpresence on an hour by hour basis, moving first fromtheir office and homes to the more protected area ofCap Sierra Hotel and then to a boat offshore in orderto avoid suspending programmes serving desperatecivilians. Their continued presence, local people andpoliticians said later, also offered the populace a smallbut important signal of reassurance that amid all thedisaster they were not being deserted.FP35FP36FP37CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH47

GeorgiaBORIS HEGER, 1997Providing protection for the civilian population, ICRC delegate B.Weber is the only regular visitor for these two elderly women inGeorgia.© ICRC48

D. Programme Process:Assessment, Planning &EvaluationDiscussions related to ‘planning protection programmes’might most often be heard in the offices ofthose humanitarian organizations with specific protectionmandates, but thinking and planning aboutthe protection of participants in assistance programmesfrom physical violence and the ill effects ofunrealized human rights is just as important an issuefor all humanitarian organizations as planning howmany metric tons of food will be needed in the comingseason or in planning a vaccination campaign.In any given ‘protection crisis’, specific groups andparticular individuals within those groups are targetedby those perpetrating abuses. ‘Targets’ may shift duringa particular crisis, meaning that vigilance isrequired in order to anticipate and prepare for attackson new targets. There may be a hierarchy of targets,with different sets and subsets of people in danger.Thus, a range of protection strategies must be consideredand then tailored to meet different protectionneeds. Assessment and analysis are crucial to effectivelymeeting protection challenges. An understandingof what is happening and why is necessary if effectiveprotection approaches are to be developed.Assessment and analysis must take into account anumber of different factors. Humanitarian organizationsmay need to coordinate with human rightsgroups and others to undertake the following assessmentactivities:• Determining the types and patterns of abuses(when, where, and how);• Determining who is at highest risk (groups andindividuals);• Determining the source of threat to civilians (and tohumanitarian aid workers) and the modus operandi/goals of the perpetrators of abuses;• The dynamic nature of the situation (how are conditionslikely to change?);• The reaction of perpetrators of violence againstcivilians to interventions;• The level of risk to humanitarian staff,both localand expatriate;• The collection of information about the strategiesthose under threat are engaging in or propose;• Identification of potential ‘protection allies’;• Decision-making about issues related to access toservices and protection assistance (including, wheneverpossible, periods when the offices ofhumanitarian organizations are closed);• Determining the number and skills of women availableto assist in protection programmes;• Clarifying what field personnel should do whenthey observe human rights violations;• Clarifying the relevant law for all actors;• Identifying measures that might be taken to addressissues related to justice and ending impunity.Effective action to enhance the protection of peopleat risk cannot occur if there is not specific attentionpaid to protection needs/risk evaluation both duringhumanitarian assessment missions and on an ongoingbasis afterward. The assessment of risk involves anunderstanding of the dynamic nature of events (howrisk increases or decreases over time and under certainCHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH49

FP38 FP39The culture of silence has gotto stop.– One humanitarian reliefworker’s view on human rightsand the humanitariancommunityHumanitarian staff should begiven information about relevantand key aspects of human rightsconventions, internationalhumanitarian law, and theGuiding Principles on InternalDisplacement and their role inreporting or responding toviolations should becommunicated in precise terms.– Sphere Project MinimumHumanitarian Standards inDisaster Responseconditions). For an example of an assessment methodologythat identifies protection needs along with otherassistance needs see “Senior Inter-Agency Network onInternal Displacement, (Chapter 2.A. Leadership andCollaborative Work in Protection).Despite the emphasis on capacity-building fornational and local institutions in program proposals,international organizations do not always realize thegoal of tapping the potential of civil society (includingNGOs, civic and religious institutions, etc.) in promotingand protecting rights or in supporting locallyinitiatedprotection efforts. (See Chapter 3.B. CapacityBuilding and 3.F. Supporting Community-Initiated ProtectionStrategies for field practice examples). Membersof civil society may have ideas about how to accessendangered persons or may have influence over thosewho control access. Again, analysis is important todetermine who within a particular society may be in aunique position to liaise with those in control onbehalf of affected persons or to gain entreé into a particulararea. Such persons may also enable theestablishment of safe contact with populations or personsat risk during the early stages of an operation.If international actors were to achieve a greater levelof integration with the work of local organizations (ina joint and mutual process of learning) the effectivenessof external aid – and specifically protection –would be enhanced. From a political and ethical pointof view, local societies and individuals are after all theprotagonists of their own lives and conflicts, and theyare the only ones who can solve their society’s problems.While external help may be needed, too oftenconflicts have in fact been generated by the societies ofthe expatriates sent to help. Expatriates should notforget this or that they are themselves the ‘local population’of another country. 22 This paragraph was drafted by Luis Enrique Eguren, MD,author and experienced Peace Brigades International volunteer.1. ASSESSMENT & ANALYSISFP38 Use of a ‘Protection Matrix’ as an At-a-GlanceTool Can Help in the Formulation and Evaluation ofProtection ProgrammesUNHCR Sri Lanka, using the Guiding Principles onInternal Displacement, developed a matrix that providesin brief format critical information aboutspecific protection problems and responses. Generaltopics appear as headings on each page (‘Protectionfrom Displacement’, ‘Protection during Displacement’,and ‘Return, Resettlement and Reintegration’). Thesection on Protection during Displacement has subheadingsentitled ‘Enhancing Protection of PhysicalSecurity and Freedom of Movement’, ‘Preserving Familyand Community’, ‘Protecting Economic, Social andCultural Rights’, and ‘Protecting Civil and PoliticalRights’. Each page has columns with the followingheadings:• Brief Statement of the Protection Problem• Guiding Principle (relevant principle from theGuiding Principles on Internal Displacement);• Description of the situation (in brief)• UNHCR intervention (presented as brief points);• Legal framework (relevant law);• Impact (of UNHCR intervention);• Further action required (tasks identified are presentedbriefly); and• Critical assumptions/comments.An example of the use of the matrix for preventingdisplacement appears in Chapter 5.C. Practices to ProtectDisplaced People.FP39 Assessing the Needs of Older People During CrisesNew guidelines published by HelpAge Internationalaim to assist agencies working with older people inhumanitarian crises. The guidelines note that olderpeople, especially older women, are significantly vulnerableduring crises, and that discrimination andunnecessary hardship can result from a failure to focus50

Zaire (Now the Democratic Republic of Congo, DRC), 1997The late afternoon sun filters through the trees amidst which stand the tentsof Rwandan refugees who have temporarily settled there, between the city ofKisangani and the town of Ubundu.© UNICEF HQ97-0151 ⁄ R. LEMOYNECHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH51

FP40 FP41 FP42The systematic monitoring ofviolations reveals importantpatterns and trends, and is usefulfor a number of purposes:• anticipating conditions basedon analysis of these patterns andtrends and developingprevention/contingency plans;• producing credible and reliablereports for purposes of discussingthe alleged violations with theauthorities of the area in whichthey are occurring;• producing credible and reliablereports for public advocacycampaigns.specifically on addressing their needs (see Appendix 1for how to obtain a guide).2. EARLY WARNING & CONTINGENCY PLANNINGFP40 Mobile Communications at Low(er) Cost CouldHelp Make Humanitarian Action More EffectiveThe UNHCR office in Kassala, Sudan, made extensiveuse of mobile phones during a refugee influx fromEritrea. Mobile phone communication networks providean alternative method of communicating duringcrises that may be superior to other communicationsgiven the poor quality or expense of other systems(i.e., satellite phones). Whereas expensive radio handsetcommunication systems (typically used byhumanitarian organizations in the field) serve only thehumanitarian community, mobile telephone systemscan be utilized by local businesses and NGOS thatremain behind when internationals leave. As mobilephone communications are not secure, however, theiruse to transmit information about violations can berisky, and potential users should be informed of therisk.FP41 Displacement ‘Early Warning Systems’ CanAlert IDP Communities and Assist with ContingencyPlanningWith support from UNICEF,European CommunityHumanitarian Office (ECHO) and other internationalorganizations, a Colombian research institute developedan early warning analytical tool to measuresituations with a high risk of displacement. Usingcommunity-level ‘sentinel sites’, the Consultoria paralos Derechos Humanos y el Desplazamiento (theHuman Rights and Displacement Consultancy, orCODHES) gathered indicators that suggest increasedlikelihood of displacement within a given geographicarea. The data was shared with community leaders,officials and organizations working with the displacedin order to generate prevention measures or to spurcontingency planning activities. The rapid data gatheringsystem was also used in areas of receptionimmediately after the arrival of displaced families sothat emergency relief efforts can be appropriatelyplanned and targeted. The CODHES early warning systemproved useful in establishing baselines to measurethe effect of programme interventions intended tobenefit IDPS.FP42 Creating Contingency Plans by Decentralizingand Preparing for Use of Alternative Routes May PermitOngoing Access During Disruptions of AssistanceCaused by Outbreaks of ViolenceIn Sierra Leone, security deteriorated throughout 2000along the main route connecting Freetown with theinterior, and the threat of a coup or violence withinthe capital increased. Many IDPS fled toward thesouthern province as it was considered less risky. Itwas expected that operations could continue thereeven if the rest of the country again became inaccessible.In light of this (and in view of past experiencewhen field offices were cut off from Freetown and leftwith no food supplies for several weeks) WFP activateda contingency plan creating alternative routes to accessthe southern region from Freetown and neighbouringcountries (in case Freetown became inaccessible). Keybridges and roads along routes from Freetown to thesouth were repaired in preparation, and a WFP subofficewas opened in the southern port of Nitti.Repairs of the port facilities were made to permitaccess to the south by sea either from Freetown,Conakry or Monrovia. The initiatives taken by a majorUN agency benefited the entire humanitarian communityand increased the ability to reach people inother parts of the country as well.3. ONGOING ASSESSMENT (MONITORING ANDREPORTING)One or more organizations present in a crisis situationmay have a specific international mandate to monitorand report (although not necessarily publicly) violationsof international humanitarian, human rights andrefugee law.52

FP43 Early Field Monitoring of Human Rights:Collaborative Work Between Human Rights andHumanitarian Organizations.Credible human rights reporting may provide thedocumentation needed to create movement towardenforcement of legal accountability in local andinternational courts and tribunals, yet the number oftrained human rights monitors on the scene in SierraLeone – as in most conflict and post-conflict areas –was dwarfed in comparison to the number of humanitarianaid workers and peacekeepers. Human RightsWatch (HRW), an independent international humanrights organization, cognisant of the poor reporting onSierra Leone’s civil war, established a full-time ‘earlywarning’ field presence in Freetown (as of April 1999)so it could quickly relay credible reports in order tostimulate international attention and action on humanrights abuses while they were occurring. The HRWmonitor in Sierra Leone spread her reach by integratinga wide array of humanitarian and local human rightsgroups into the reporting system. Training in monitoringprinciples and techniques was offered to localhuman rights and humanitarian NGOS.In 1997, 27 groups formed a coalition called theNational Forum for Human Rights,but according toHRW, it was difficult for national members of the Coalitionto report publicly on violations given fear ofretribution. None of them, for example, publiclydenounced the peace accord’s general amnesty. Unfortunately,these groups lacked proper funding andinstitutional support. At the same time, they providedcritical social work services for victims and generaleducation programmes for the public on humanrights. Importantly, they also established a legal clinicthat focussed on violations of economic and socialrights unrelated to the war.The United Nations Observer Mission in SierraLeone (UNOMSIL) offered human rights training tohuman rights groups, humanitarian workers, governmentofficials and military units: government, rebelsand international peacekeepers. In this way, humanrights actors were able to collect relevant informationthroughout much of the country as well as provideinformation to armed forces and authorities abouttheir obligations.4.INCLUSION OF PEOPLE AT RISK IN PROTECTIONPLANNINGFP44 Planning Food Distributions in Contested Areaswith Local Traditional Leaders in Order to AddressRisks to Physical Security and Prevent DisplacementIn Sierra Leone, to improve safe access to vulnerablepopulations residing in those zones not controlled byany identified faction, a collaborative arrangement wasreached between communities, local traditional leaders(Paramount Chiefs), nutritional NGOS and WFPfollowing extensive discussion about the risks andbenefits of food distribution. The nutritional situationwas such (it was the middle of the hungry season) thatthe communities were in favour of distribution despitetheir concerns that food might attract rebel attacks.Given these concerns, WFP has been taking a cautiousapproach to food distributions, including postponingor cancelling distributions when rebel activity wasdetected nearby. Members of the community assertedthat they would develop their own means of protection(mainly by hiding the food in the bush or keepingit with relatives in a safe village on the main axis). Itwas agreed that registration/ screening and food distributionwould take place on the main road axis,ensuring that the various sites were at a walking distancefrom the villages and also that the distributionwould not create a permanent displacement of populations.Although the aid agencies were unable toaffect the security of beneficiaries after the distribution,post-distribution monitoring visits revealedthere had been few incidents reported, and the majorityof people receiving food claimed to have retainedit. Consultation with the communities at all stages ofthe operation was a crucial element of the success ofthe distribution plan.FP43 FP44The Office of the HighCommissioner for Human Rights(OHCHR) has opened field officesin many countries. Some of theseoffices are charged, among manyother duties, with monitoringhuman rights conditions andmaking regular reports back tothe High Commissioner forHuman Rights, governments, andtreaty bodies. OHCHR canprovide humanitarian actors withinformation and trainingmaterials on human rights,including the various aspects ofthe UN human rights protectionand promotion machinery.OHCHR field presence may also bein a position, depending on theirprecise mandates in a particularcountry, to deliver training andotherwise help build up thehuman rights promotion capacityof the local humanitariancommunity.CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH53

Angola, 1998A child’s hand places a game token on the board of a landmine awareness ‘Peace Game’ duringa landmine awareness session for children in a camp for persons displaced by the war, outsideLuanda, the capital. The game, which teaches children how to avoid landmines and what to doif they encounter a mine, is printed and distributed by UNICEF as part of the country’s landmineaccident prevention campaign.© UNICEF HQ98-1148 ⁄ G. PIROZZI54

FP45 Soliciting the Opinion of Participants in SpecificProjects Can Be Critical to Its SuccessSeveral international organizations working with thedisplaced in Sri Lanka worked collaboratively to conductdetailed surveys of IDP perspectives. Save theChildren Fund and OXFAM,for example, completedthree in-depth surveys of IDP views, and included theperspectives of displaced children. The ICRC completeda dwelling-by-dwelling visit of each IDP familyparticipating in its programmes. These agencies reportthat insights gained from the studies greatly enhancedtheir understanding of the displaced community,thereby benefiting programme design.5. EVALUATIONFP46 The ‘Strategic Monitoring Unit’ in AfghanistanThe Strategic Monitoring Unit (SMU) initiated in 2000by the UN Afghanistan Country Team in partnershipwith NGOS,donors and UN agency partners, helpedthe assistance community measure overall progressagainst the strategic objectives of the Strategic Frameworkfor Afghanistan (see in this chapter, A. Leadership& Collaborative Work in Protection). The SMU plannedto document, through baseline and stock-taking exercises,how principles are being applied on the ground.FP47 Developing an Integrated, Multi-AgencyApproach (Creating a Protection Alliance)Complementarity mapping is a conceptual model thatmay be used as a tool to identify activities and clarifythe terms of strategic complementarity (defined as theidentification of the added value provided by eachspecific player).³ Planning protection activities can beconducted on an individual organizational basis, butjoint or complementary planning between organizationspresent in the field can produce a synergistic effectwhere the strengths of each are magnified throughmutual purpose – not unlike a chemical reaction.The concept of complementarity mapping followsthree steps, which correspond to three questions:• What activities are relevant to the protection effortfor this target group?• What mode of action best applies to each specificactivity?• What is the responsible authority’s attitude towardthe abuse (in terms of willingness to address it andthe capacity to do so)?Once these three questions have been addressed, theareas of added value provided by each specific playerappear with more clarity – and thus can facilitate ashared strategic approach, based on each agency’scapacity and modus operandi, rather than on a strictmandate-based logic. Responsible self-analysis andknowledge of the other players are required.FP48 Technical Training of Government AuthoritiesMay Be Required to Improve Performance on Behalfof IDPSThe Bogota office of the United Nations High Commissionerfor Refugees (UNHCR) assisted in theprovision of basic, practical, technical training forColombian government officials in managing internaldisplacement. Recognizing that even well-intentionedgovernment agencies have little preparation for managinglarge-scale displacement, staff members fromthe UNHCR emergency office in Geneva were dispatchedto conduct training in basic emergencyprocedures. Among the topics covered in this trainingwere the logistics of displacement, management ofreturn, and planning for water and sanitation needs.FP45FP46FP47FP483 ‘The Challenges of Complementarity’, Fourth Workshop on Protectionfor Human Rights and Humanitarian Organizations,16–18 February 2000, ICRC,Geneva, published in December 2000.CHAPTER 2. HUMANITARIAN ASSISTANCE & PROTECTION:DEVELOPING AN INTEGRATED APPROACH55

CHAPTER 3BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT3

strengthening the protectionAlbania, 1999Between the rows of tents in a refugee camp in the northern border town ofKukes, child refugees from Kosovo hold hands as they stand in a circle withone child in the middle. This game programme used counselling, drawingsand games to help children cope with their traumatic war experience.© UNICEF HQ99-0440 ⁄ R. CHALASANI

environment

IntroductionAs previously noted, environment-building activitiesfocus on creating a political, social, cultural, institutional,economic and legal environment conducive torespect for the rights of the individual.Initiatives to strengthen the protection environmentcan begin early on in a crisis and would ideally formpart of a strategy to prevent or mitigate violations thatmight be expected to occur based upon analysis ofpatterns of violations. Too often, such activities aredelayed until the crisis is full-blown or even until thereis a specific peace plan. Preliminary planning to buildcapacity and strengthen civil society can begin longbefore a peace agreement is signed.Similarly, codes of conduct, ground rules and otheragreements with parties to a conflict should be developedsooner rather than later in a crisis. Agreements ofMemoranda of Understanding (MOUS) that may furthercompromise human rights must be avoided, evenunder the pressure of crisis. Collaboration with expertsin international humanitarian, human rights andrefugee law is critical when drawing up such agreements.Agreements that grant legitimacy or recognitionto authorities who have clearly demonstratedlittle interest in respecting international standardsshould be carefully thought out.CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT61

A. Dissemination of InternationalHumanitarian, Human Rights& Refugee LawFP49FP50FP52FP51FP53FP49 Understanding a Culture Is a Key to UnderstandingWhere and When to Intervene to ProtectHuman RightsOperation Lifeline Sudan’s (OLS) Communicationsoffice, run by UNICEF,offered training on Sudaneseculture for anyone working in the OLS consortium oforganizations. The orientation training was often heldback-to-back with training conducted by the HumanitarianPrinciples Programme (human rights andhumanitarian principles workshops) and Securitytraining. The training helped people understand whowas most at risk and why.FP50 Increasing Interest in International Humanitarian LawThrough Awareness-Raising CampaignsThe effective ICRC slogan ‘Even Wars Have Limits’,created for the ICRC’s People on War Project, appearson calendars and other materials that present humanitarianlaw concepts in culturally familiar andinteresting ways.FP51 Comparative Studies of the Law and ReligiousPrecepts Can Be Useful Tools for Supporting or ComplementingInternational LawThe Faculty of Law and Women’s Study Centre at theUniversity of Peshawar, Pakistan, supported by RäddaBarnen and UNICEF Pakistan, produced a book entitledThe United Nations Convention on the Rights of theChild, Islamic Law and Pakistan Legislation: A ComparativeStudy. The book firsts lists the articles of the UNConvention on the Rights of the Child (CRC) and thenuses an easy-to-read format (three columns on a page)to present relevant text from the CRC,Pakistani Law,and Koranic Verses/Hadith. The final part of the bookexamines other related issues and identifies gaps.FP52 Religious Scholars Can Be Effective AdvocatesIn 1997, UNHCR engaged a Sudanese religious scholaras a consultant in Afghanistan to help communicateand negotiate with the de facto authorities. The negotiationsled to an declaration signed by the authoritiesthat included an amnesty for returnees; a commitmentto accord full respect for “the human rights and fundamentalfreedoms of returnees;” an agreement not toconscript returnees for a period of one year followingreturn; a promise to assist returnees in regaining propertyand allow them access to land for resettlementand agricultural use; and full access for UNHCR and“other international organizations as appropriate” toreturnees.FP53 Drawing Examples from Religious Faiths to Supportthe Rights of Vulnerable GroupsA document entitled Child Care in Islam, based on theKoran and Hadith, was written by a working group ofprominent religious leaders from Al Azhar, Egypt, in1985. Child Care in Islam identifies many tenets ofIslam that are relevant to the CRC.It has been translatedinto many local languages in a number ofdifferent countries and is a widely sought after document.UNICEF sponsored the publication.I am sceptical that an ‘army’ ofhumanitarians trained in humanrights can do the job [ofprotection]. They must havevalues – they must be able torelate to those they are trying tohelp. These values can only growthrough living with those who aresuffering.– relief worker, AfghanistanCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT63

FP54FP55FP56FP54 Using Historical Examples of Peace and Securityto Create a Link to Contemporary InternationalHumanitarian LawThe ICRC Egypt delegation produced a beautifullyillustrated book entitled Peace and Security thatincludes photographs of paintings, archaeologicalfinds and manuscripts that represent humane treatmentof foreign nationals or the enemies of a Stateor sovereign. The book skillfully interweaves bits ofinformation about international humanitarian lawwith historical examples.The book notes that:“Examining these texts demonstrates that centurieswent into developing the ideals that dictate respect forhuman beings and that became the object of accordsbetween the Parties to a conflict at the end of wars. It isonly in modern times that the fundamental principlesimposing respect for human beings during armed conflictswere finally codified and acquired a universalbearing… From Antiquity to the Middle Ages, belligerentsshowed no mercy and their declared goal was todestroy the enemy. Victory did not mark the end of theenemy’s sufferings, but perhaps their beginning. Prisonerswere killed or mutilated and, in the best of cases,reduced to slavery. To draw information from them, theywere sometimes subjected to the most abominable formsof torture. The women and children were also taken aspawns by the enemy and, with material goods, they werepart of the booty on a par. As to looting, it was the rulerather than the exception. In this sombre picture, somesparks of hope glimmered at different epochs and theirtraces were preserved on the stelae, reliefs, tablets, manuscriptsand the documents of the different Civilizationswhich succeeded each other in the Middle East. Thesetestimonies which history has provided can be consideredthe foundations underlying the edifice of InternationalHumanitarian Law as it exists today. They comprisetreaties and accords concluded by sovereigns, edicts guaranteeingsalvation [the sparing of life] and protection,decrees protecting the refugees and the minorities, pactsand truces.”FP55 Discussing Human Rights on Religious RadioInside Afghanistan, there have been discussions abouthuman rights with mullahs (Islamic religious clergy)on Radio Shariat with international guests.FP56 Using Contemporary Culture to CommunicateConcepts. Dissemination by CircusCircus Ethiopia, a non-profit organization registeredin Ethiopia since 1993,represented a unique and veryspecial initiative in that all the performers (some 200)were street children or children from very poor families,aged between six and 20.The Circus has run fiveproject sites (in Addis Ababa, Jimma, Mekele, Nazarethand Jari), each featuring a circus school and a performingtroupe. Through interactive entertainment,the Circus communicated information about problemsfacing many youngsters in post-civil warEthiopia: poverty, parental violence, life on the street,HIV/AIDS, landmines, tuberculosis, etc. The aim wasto promote communication between parents and children,as well as among the country’s various ethnicgroups, and to provide information about the role ofthe Ethiopian Red Cross and the ICRC.GivenEthiopia’s linguistic and cultural diversity, combinedwith a sizeable illiteracy rate, the Circus proved anideal medium of communication. It won the supportof organizations such as UNICEF and the ICRC,whosaw it as an innovative and effective way of spreadingthe message about respect for human dignity and forinternational law.As part of its long-standing cooperation with theEthiopian Red Cross Society (ERCS), the ICRC providedsupport for the Circus. In 1997, the ICRCsupported a joint ERCS-Circus dissemination programmein Harar (eastern Ethiopia), organised by thelocal chapter of the ERCS that attracted 18,000 spectators.That same year, a half-day session onhumanitarian law organised for some 500 officers andsoldiers in the barracks of the 1st Corps of theEthiopian Defence Forces was combined with a specialCircus show in the afternoon. The Circus promotedthe principles of the Red Cross and its work across64

In this poster, children from northern and southern Sudan play togetherwith a symbol of neutral assistance (the Red Cross ambulance); theirtraditional homes are represented in the background.The centrepiece of the People on War Project was a world-wide opinionsurvey, which presented in an emotionally moving way the views of peoplecaught up in armed conflict. The aim of the survey was to listen to whatpeople had to say about limits in war and thereby to learn how to improverespect for international humanitarian law. The findings demonstrated thatmost people – civilians and combatants alike – believe that certain actsshould never be permitted, but that they still accept certain practices thatput both civilians and persons no longer taking part in hostilities at risk. Inorder to publicise the findings and to generate discussion on internationalhumanitarian law, the ICRC devoted a website to the project(www.onwar.org). A key feature of the website was ‘Crossfire’, an interactivemultimedia segment, in which users were invited to explore the dilemmaspeople face – and to think about what they themselves would do – inspecific armed conflict situations. Powerful photographs provided a visualbackdrop to the site.Another example of awareness raising, carried out by means ofphotography, was the publication of a book, People and Places with NoNames. A famous photographer, Michel Compte, joined with the ICRC toproduce this extraordinary testimony to the suffering of civilians in‘forgotten’ conflicts.SudanEven wars have limits.© ICRCCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT65

FP57 FP58 FP59The following safe-conduct wasgranted by Sultan al-NasirMuhammad Ibn Qalaun (1293-1341 AD) to the King of Serbiawho went to Jerusalem for apilgrimage in the company ofhis wife:“In the name of God, theMerciful, the Compassionate, wethank the Lord for allowing us toensure safety on our roads by therespect we have for people… Ourmagnanimity shelters all whoturn to us for protection, ourfollowers show mercy if they areimplored, and our people are thesentinels who enforce the rightsand commitments of all men.”– from ICRC,Peace and SecurityEthiopia, and the ERCS branches provided a crucialnation-wide network facilitating mutual understandingand the exchange of ideas among the variousregions and across cultural and linguistic boundaries.FP57 ‘Play Clean!’: Addressing Root Causes of InternalDisplacement by Creatively Promoting the LawThe primary cause of internal displacement in Colombiahas been direct or indirect armed attack (or threats)upon civilian populations; displacement is not causedby civilians being caught in the crossfire. Displacementcould have been significantly reduced if the armedforces respected the essential elements of internationalhumanitarian law (IHL) – a primary goal of the ICRCprogramme in Colombia and in other zones of conflictaround the world. ICRC’s programme to promoteIHL was notable in its creative use of material relevantto the interests of combatants in Colombia such asfootball. Through the use of posters, training materialand pocketsize summaries of key elements of IHL(written in plain language, and laminated in order tosurvive the weather), the ICRC reinforced its PlayClean! campaign by analogy to football matches.Given the intense interest in football in Colombia, IHLpromotional materials displayed artwork of footballgames as an introduction to the rules of warfare. ThePlay Clean! campaign and the use of culturally relevantsymbols to attract the target population –youthful male fighters – proved a good way to communicaterights and obligations in a language youngpeople could understand.FP58 Teaching Children How to Avoid Landmines andUnexploded Ordnance Through Puppet ShowsChildren living in areas infested by mines and unexplodedordnance (UXO) need to know where thesedeadly weapons are lying and what to do should theycome across one. In 2000, the ICRC launched a puppetshow in Nagorno Karabakh aimed at teaching childrenhow to react to these weapons in their everyday lives.The real challenge was to deliver the right message tochildren without arousing their curiosity to the extentthat they would go looking for mines or UXO andwithout laying down prohibitions that they might betempted to disobey. Puppets have universal appeal tochildren, and have proved quite effective in conveyingserious messages to young audiences. Rather thanimposing rules, the actors and puppets succeeded infocusing the children’s attention on the risks involved.Indeed, the audiences were quickly drawn into theplay and took an active part, identifying with the scenarioand absorbing essential information while havingfun. While shouting out to characters what not to doand how to handle themselves, they were actuallydemonstrating that they were learning.FP59 Innovative Media and Training ProgrammesCan Make Knowledge of Rights and Obligations MoreAttractive and AccessibleTelevision, radio, special workshops and specialisedbooklets (such as comic books or cartoons for children)have been adapted or created to communicateimportant messages about human rights, humanitarianand refugee law. Many of these programs beganwith health and education-related ideas, and havefound it natural to begin including rights-relatedinformation.Radio remained a key channel for dissemination toa largely illiterate community with little or no access towritten sources of information in Afghanistan or to television,which is prohibited in most areas of Afghanistanunder the Taliban regime. In 2001, the ICRC updatedthe drama series ‘Help’ produced in 1997–1999 for theAfghan community, in two languages, Pashtu and Dari.The ICRC also re-established a radio programme onthe local radio Shariat Balk in Mazar, with plans tobroadcast eventually in Kabul. The aim was to promotea better understanding of internationalhumanitarian law.‘New Home, New Life’, a thrice-weekly radio soapopera produced by the BBC Afghan Education Unit inPeshawar, Pakistan, was developed by more than 100Afghan writers, editors, actors and actresses. The storyfollowed life in two fictional villages in Afghanistan.66

The series raised levels of education and social awarenesson a number of themes through culturally relevantdrama. Although it avoided politics, the effect of conflictupon families, a village and even conflict betweenthe two villages conveyed important ideas about conflictresolution.The programme has been extremely popular – surveysindicated that up to 80% of Afghanistan’s radiolisteners (an estimated 75% of all Afghans) tune in.The soap opera has been popular even among officialsof the authorities. Refugees in Pakistan also listenedin. An anthropologist who studied the project notedthat the role of everyday talk and gossip was crucial tothe circulation of educational messages throughoutvillages and noted that both women and men foundmuch to identify with in the radio play.The UN spokesperson for the Afghanistan countryteam from United Nations Office for the Coordinationof Humanitarian Affairs (UNOCHA) and her staff havebeen closely engaged in providing material and informationfor new segments of the show, as have theMine Action team, the WHO and others. ‘New Home,New Life’ has also received guidance from UNICEFregarding new episodes on children’s and women’srights themes.Reports from aid agencies working in Afghanistanindicate that people responded to the program in positiveways; for example, one clinic reported that morechildren had come in for vaccinations after a segmenton that topic. There were also reports that women hadobtained radios specifically to listen to ‘New Home,New Life’ – the only source of information on manytopics available – although some said immediate malekin had forbidden them to listen.A young Afghan in Khost, who had lost his leg in amine operation, said his hopes had risen when he wasfitted for a leg by a local humanitarian agency. Heeventually established a bicycle shop, and told surveyorsfrom the project that he had drawn much of hisinspiration from the plight of Jandad, a character in‘New Home, New Life’ who had suffered a similar fatebut had triumphed to begin his own tailoring business.The production team has developed a dedicatedmonitoring and evaluation team that regularly surveysaudience reactions and ensures that feedback is transmittedto the scriptwriters.In order to reach young militia men and youth witha message focused on behaviour they should adopt asfighters and on respect for the humanitarian mission,the ICRC, in close cooperation with the Somali RedCrescent Society (SRCS), launched a cartoon bookletin 1996.The booklet was designed and written by differentSomali cartoonists from various regions ofSomalia, using humour and reflecting on currentevents. It attracted much attention and generatedmuch reaction. Soon after its release, the impact of thebooklet was reinforced by other means of dissemination:drama presentations created and performed bythe Mogadishu SRCS drama group, a cassette-tapereproducing songs from the drama and a series of tenbillboards erected in prominent spots in Mogadishu.FP60 Enjoyable Activities for Youth Can Be an Opportunityto Introduce Rights ConceptsThe Youth Crisis Project, a local NGO in Sierra Leone,was developed to provide a place where youth couldgo to enjoy sports activities – an important culturalpastime. In the lulls between practice and games, localNGOS worked together to conduct workshops onhuman rights, health education, and other topics.FP61 Promoting Respect of Humanitarian PrinciplesThrough TheatreWith the final performance of Askari,a tragicomedyby Ben Tomoloju, the Nigerian Red Cross Society andthe ICRC regional delegation in Nigeria concluded athree-month-long campaign to promote humanitarianprinciples through the theatre. After its premièrein Lagos and a set of 10 performances in popular quarters,Askari toured 20 of Nigeria’s 30 states. For each ofthe three main regions, the theatre piece underwentsome adaptations in order to integrate elements oflocal tradition and culture. Travelling by train fromone state capital to another, the cast gave a total of 30FP60FP61CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT67

FP62 FP63 FP64We learn about history, aboutwars that have happened, butthey don’t teach us what waspermitted and what was forbidden.So if a war should break out,then we might be influenced bythings that have happened in thepast and we should be taughtwhat kind of lessons can bedrawn from these wars.– a youth in a school debatesponsored by the ICRC oninternational humanitarian lawperformances to some 30,000 enthusiastic spectatorswho flocked to schools, open-air centres and regulartheatres. In Nigeria, the theatre is a popular mediumfor promoting social dialogue and spreading newideas. In the case of Askari, although the performanceswere open to everyone, the message was mainly targetedto reach young people. A videotape and a radioversion of Askari,featuring some of Nigeria’s mostpopular actors and actresses was also completed, andtelevision and radio documentaries exploring the theatre’spotential for mass communication were produced.FP62 Promoting Respect for Life and Dignity ThroughTheatreA similar approach to that used in Nigeria was used inKenya against the background of political-ethnicclashes following the presidential elections of 1998.Aspart of a drive to promote respect for human life anddignity during internal disturbances, the ICRCregional delegation in Nairobi, Kenya, commissioneda play by celebrated Kenyan playwright Kithaka waMberia entitled Flowers in the Morning Sun.The premièreof the play in Nairobi was attended by over 200special guests from the diplomatic corps, governmentdepartments, the armed and security forces, UN agencies,religious organizations and academic circles andwas extensively covered by the international andnational media. The play went on tour through thecountry, including areas where clashes had occurred,and was seen by a broad cross-section of the population,ranging from policy-makers, representatives oflocal administration and community leaders to victimsof ethnic violence. By the end of the year, the14-member cast had staged 34 performances for over15,000 people in public places and universities.FP63 Creating Curiosity in a Topic Is One Way to GetPeople Interested in Rights IssuesA Save the Children/UNICEF workshop held inAfghanistan to mark the occasion of the 10th anniversaryof the CRC was successful in that local (de facto)authorities, including religious clergy, attended.Humanitarian organizations strongly promoted theworkshop within the community and the authoritiesbecame very interested in what was going on. It wasmade known that a translation of the CRC had beenmade into the local language and was going to be distributed– but that copies of the translated versionwould be made available only to those who attendedthe workshop! Since the authorities didn’t know whatthe CRC was about, they decided to attend the workshop.By the end of the training, the authorities beganasking questions and showing interest in the issues.The mullahs (religious clergy) were impressed, accordingto one observer. They asked why they had neverseen the CRC before.FP64 Including Humanitarian Law in School CurriculaIn an attempt to teach young people that human dignityand life are to be respected at all times, includingduring armed conflict, in 1995 the ICRC launched aschool programme in several Commonwealth of IndependentStates (CIS) countries, working closely withMinistries of Education in seven countries (Russia,Armenia, Azerbaijan, Georgia, Uzbekistan, Tajikistan,and Kyrgyzstan) to ensure that international humanitarianlaw was included in official school curricula orprogrammes. Mixed local and expatriate teamsworked together to develop schoolbooks for bothteachers and students. The aim was to raise awarenessand understanding of the need for limits in war and ofthe importance of humanitarian gestures. Dependingupon the country, lessons were integrated into existingprogrammes on national literature, civic education,geography or history and cover between one and fivegrades at the secondary school level. More than sevenmillion books were distributed in the above countriesin just four years.In order to build on the success of this teenage-orientedprogramme, as well as to expand its reach, plans68

Ethiopia, 1995The “Cirque Ethiopie” (Ethiopian Circus) raises awareness of InternationalHumanitarian Law among the youth of the country.© ICRC 213-12CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT69

FP65FP66FP67were made by the ICRC to launch a new educationalpackage in mid-2001 called ‘Exploring HumanitarianLaw’. The modules were developed in close collaborationwith about 20 countries from all regions of theworld with help from local educators and NationalRed Cross and Red Crescent societies. They will beimplemented by interested local actors, mainly Ministriesof Education and National Red Cross and RedCrescent Societies. The lessons – some 20 hours intotal – include different materials ranging from photocollages to videos and posters and draw on historicaland contemporary examples from around the world.A methodological guide based on interactive pedagogicsettings and an implementation guide shouldfacilitate the adaptation and integration of the proposedmaterial into local structures. More than thirtycountries have already expressed their interest inimplementing ‘Exploring Humanitarian Law’ intotheir school programmes.FP65 Working with Students to Build Awareness andImprove Their Knowledge of IHLThe ICRC regularly organises a student moot courtcompetition – named after F.F. Martens, a famousRussian lawyer who played a pivotal role in the earlystages of the development of modern international law– with the participation of law and international relationsfaculty from all the CIS states. The competitionis organised as a series of role-playing exercises relatingto an imaginary situation of armed conflict. In2000, the format of the competition was expanded inorder to increase the number of participants. Threecompetitions were held simultaneously in Kiev,Moscow and Tashkent for higher education institutionsof, respectively, the Western Zone (Belarus,Moldova, and Ukraine), the Central Zone (Azerbaijan,Armenia, Georgia, and Russia) and the Eastern Zone(Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan).As a result, 31 teams from various higher educationinstitutions took part in the competition. During thecompetition lectures focusing on the latest developmentsin international humanitarian law were deliveredby international experts serving as judges.FP66 Child Rights Training for Police Not Only RaisesAwareness, but May Bring New IdeasIn northern Sudan, an NGO (Child Rights Watch),supported by the British Embassy and UNICEF, initiateda police project to train police on ways ofimplementing the CRC.The training programme hassince been included in the police academy’s curriculum.A child rights manual for police was alsodeveloped. Some ideas to improve police relationswith street children came from police themselves, whosuggested, for example, that police not wear khakiwhen working with children (as many children werefrightened by men in uniform), that social workerswork with police on cases, and that special units toaddress street children issues be formed.FP67 Teaching the Most Marginalized About TheirRights and Advocating for Those RightsThe Mutawinat Benevolent Society, a women lawyers’NGO in Khartoum, has for some years offered freelegal services to women and children. The vast majorityof the people served by Mutawinats have been IDPSliving in extreme poverty. Many cases have involvedinternally displaced women imprisoned under Shari a’law for brewing alcoholic beverages. These womenoften had their children with them in prison and wereunaware of their and their children’s rights. Mutawinathas helped bring attention to their plight. The organizationhas also worked to provide legal training at thegrassroots level for all Sudanese women and to educatejudges, police and others on the Convention on theRights of the Child. Importantly, members of theorganization have visited the women in the prison andhave advocated for their release.70

Kenya, 1993ICRC’S Lokichokio surgery hospital. Child being fed intravenously.© ICRC 124-12A ⁄ L. CHESSEXCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT71

FP68FP71FP69FP70FP68 Focusing on ‘Delivering’ Both a Message and theServices Related to Economic, Social and CulturalRights Can Provide an Important Entry Point inStrengthening the Awareness of Human Rights AmongLocal PopulationsThe Praise Foundation in Bo, Sierra Leone, focused onthe causes of the conflict in Sierra Leone, poverty inparticular. Praise Foundation sought to address a widerange of economic and social rights, including theright to education. While delivering humanitarianmaterials, the Praise Foundation simultaneouslyengaged in a dissemination campaign to teach localpopulations about human rights, in particular raisingissues related to economic, social and cultural rights.This small community-based NGO found that deliveringboth goods and a message is a good combinationto make people listen.FP69 Training Organised Around Particular Topics ofInterest to the Community May Provide an Opportunityto Introduce Difficult TopicsIn Montenegro (Federal Republic of Yugoslavia),UNHCR worked closely with a national counterpart(the Belgrade Centre for Human Rights) to organise athree-day workshop on International Refugee Law.Given the number of refugees in Montenegro and thenumber of Montenegrin refugees in other countries,the authorities were more open to discussion aboutthe rights of refugees. Sessions were designed to introduceconcepts related to international humanitarianand human rights law through refugee law. In addition,representatives from all sides of the conflict wereinvited, as were representatives from potential areas ofconflict. Apart from disseminating the legal framework,the agenda provided space for dialogue betweenthe parties. Reconciliation was one item on the agenda,causing debates that released tension and encouragedexploration of common problems. Representativesfrom all sides were invited to speak about refugee issuesaffecting their communities.FP70 Dissemination by ExampleThe famous ICRC surgical hospital in Lokichokio,Kenya, treats people injured in southern Sudan. Originallyintended to stay open only six months, thehospital observed its 14th year in 2001 – a sad commentaryon the protracted nature of the conflict. Thechildren’s ward in Lokichokio has always been full.Many of the children and other patients have becomeamputees, victims of gunshot and other wounds thatbecame so infected during the often long wait formedical help that they would not respond to less radicaltreatment (some travelled for days, severelywounded, to reach the landing strip and then had towait at the landing strip for the ICRC plane that wouldevacuate them to the surgical hospital). Flight restrictionsand other difficulties caused by the parties to theconflict have contributed to the difficulty in reachingpatients more quickly. The hospital has sometimesheld tracing and international humanitarian law disseminationprogrammes for patients, but in fact, theICRC hospital in Lokichokio is a living disseminationprogram, its staff and patients the most expert disseminationdelegates one could ever meet. And they don’thave to say a word.FP71 The Creation of a Special Protection Team in aHumanitarian Relief Organization to Train and AdviseField Staff on Operational Issues Related to ProtectionThe International Rescue Committee (IRC) created aspecial protection team at its headquarters in NewYork to support more effective and more consistentcooperation on protection issues among agencies thatserve refugees and to integrate protection issues fullyinto its own programmes. This unit provided ‘protectiontraining’ to all IRC coordinators in Kosovofollowing the deployment of NATO troops there. Staffwere familiarised with protection/human rights andgiven some parameters on “where to draw the line” inhumanitarian action so as not to jeopardise the work.IRC also planned to hire a human rights lawyer to72

advise staff and locals. IRC has expanded its protectionefforts to include the secundment of qualified staff asprotection officers to UNHCR (Project Surge) and hasexpanded its protection work to other countries suchas Pakistan.FP72FP73FP72 Ensuring That the Protection of Women UnderInternational Humanitarian Law Is Understood andEmphasisedIn the Republic of Congo, the ICRC has promoted theawareness and application of international humanitarianlaw, including law applicable to the protection ofwomen, among all ranks of the armed forces. TheICRC has made a special point of ensuring that obligationsinherent in international humanitarian andhuman rights law, including taking specific protectivemeasures for women, form part of the training, workand procedures of the police and gendarmes.In Sierra Leone, the ICRC held workshops for representativesof women’s associations participating in theICRC community vegetable seeds programme in orderto raise their awareness of international humanitarianlaw and Red Cross principles, so that the women coulddisseminate this knowledge in their communities.FP73 The Universal Declaration of Human Rights:Truly One of the Most Universal Documents in theWorldOne of the most useful tools for the promotion ofawareness of human rights is the Universal Declarationof Human Rights, which has remained since itsadoption over 50 years ago the clearest, simplest andmost powerful statements of what human rights are allabout. The Universal Declaration is the most widelytranslated of all human rights texts – and one of themost translated texts in the world (it has been translatedinto more than 300 languages). All 300 languageversions of the Declaration can all be accessed fromthe website of the UN High Commissioner forHuman Rights, http://www.unhchr.ch/.CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT73

FP74FP75B. Capacity BuildingIn general, girls’ education to alarge extent depended on howactive the school/localcommunity was in fighting fortheir genuine rights.– Afghanistan,UN Civil Affairs officerFP74 Creating for a Representation of ThreatenedPeoplesIn Kosovo, a Platform of Joint Action was developed withthe leaders of the Roma Ashkalija and Egyptian communitiesin Kosovo, facilitated by UNHCR with closesupport from the UNMIK.The announcement of theinitiative, designed to improve co-existence betweenRoma and the majority community, received a positiveresponse from majority community leaders.FP75 National and International Organizations CanTake Concrete Steps to Improve the Bargaining Powerof Displaced CommunitiesOrganizations working with IDPS in Colombia – primarilychurch-related and other Colombian NGOs –have taken concrete and creative steps to empower displacedcommunities and to enhance their capacity toprotect rights. These supportive interventions haveincluded training for community leaders in negotiatingtechniques, programmes to heal rifts withincommunities, and assistance in uniting scattered IDPcommunities.In the Uraba region of Colombia, IDPS fleeing violenceand seeking shelter in nearby towns initiallyencountered official attitudes ranging from indifferenceto outright hostility. Local authorities andmilitary commanders initially blocked their attemptsto reach safer areas, then repeatedly pressured them toleave the towns and return to their homes. The IDPSdid not believe that security conditions were acceptablefor return.With the support of Colombian Catholic groupsand Colombian NGOS, displaced community leadersorganised a series of formal meetings with governmentauthorities to make known their needs, requestassistance and seek government guarantees before theywould consider return. These sessions took on thecharacter of bilateral negotiations, with formal, writtenlists of requirements presented by the IDPcommunities. In the town of Pavarando, for example,negotiators for the displaced presented a formal documentcontaining 16 points related to land titles, securityissues and conditions for return. Such negotiations,which often resulted in a signed contract between IDPleaders and government authorities, both improvedthe material conditions of IDPS and gave the displacedcommunities a sense of control over their futures.NGO and church workers also promoted an awarenessof IDP rights guaranteed under a special Colombianlaw relating to IDPS and conducted training in negotiatingstrategies. These same workers sponsored travelby IDP community leaders to Bogota to meet withmembers of the national and international communities,deepening these leaders’ capability to argue theircase. Funding was provided for documenting (inprinted publications) and publicising the situation ofdisplaced communities. In other communities, jointaction was made difficult by rifts between communitymembers who supported opposing factions in thearmed conflict. In those communities, NGOS acted asnegotiators to bridge differences in political positionsfor the sake of meeting the needs of IDPS.74

FP76 Re-Uniting Communities Separated DuringDisplacement to Build an Alliance for RightsDisplaced persons originating from the same areas inColombia were scattered to different sites duringflight. Despite their shared origin, culture, and experienceof displacement, each of the scattered communitieshad initiated a separate dialogue with governmentofficials where they found themselves, and eachscattered group was at a different stage of negotiationsfor assistance and return. A joint meeting among theleaders of dispersed groups of IDPS allowed each tolearn from the others’ negotiating experience, andempowered the entire community to act in unison inthe pursuit of their rights.FP77 Linking Women’s and Children’s Issues to DesignatedSenior Executives in the Country May Provide aVehicle for Focus and ChangeIn February 2000 the Government of Sudan establishedan Advisory Body for Women’s and Children’sAffairs. The position of Advisor to the President forWomen’s and Children’s Affairs was created anddirectly attached to the President’s office, and awoman appointed to the position. The Advisory Bodycreated a coordination forum for NGOS working withwomen and children in the Sudan and provided aplace for NGOS to meet with the government to establishpriorities and policies on behalf of women andchildren. The Advisory Body was also tasked to ensurethat women’s and children’s issues were mainstreamedthroughout government systems and authorities. Thecreation of this body and official position offered thepotential to address many human rights issues in thecountry, using the rights of women and children as anentry point.Protection Network led by the Government and UNICEFin Sierra Leone has been active both at central andlocal levels. In addition, The Child Rights ViolationMonitoring Network (run by the Council of Churchesin Sierra Leone in association with UNICEF) graduallyworked toward operating freely in the country. Byutilising social mobilisation programmes that hadbeen operating for years to distribute health and otherinformation, and making the effort one which is community-based,the Child Protection Network becamesustainable, requiring little or no outside input or support.There is no stigma around talking about theConvention on the Rights of the Child at any levelin society.FP76 FP77 FP78Guided by the Convention on theRights of the Child, UNICEF iscommitted to ensuring specialprotection for the mostdisadvantaged children – victimsof war, disasters, extreme poverty,all forms of violence andexploitation and those withdisabilities. UNICEF works in 161countries, areas and territories,and has made the "first call forchildren" an essential strategy.UNICEF looks to cooperate withappropriate partners: other UNagencies, government authoritiesat different levels, NGOS, researchand training institutions,community groups, media,business and donors to ensurethe protection of children’srights. You can call on UNICEF toassist in identifying and tacklingchild protection issues, and toprovide information and trainingon child rights and childprotection, as well ashumanitarian principles.FP78 Consistently Raising the Need to Focus on ChildProtection Can Make Rights Activities a Part of theCultureProtecting the rights of children in Sierra Leone is notjust about ‘Days of Tranquillity’ with National ImmunizationDays to ‘Kick Polio out of Africa’. The ChildCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT75

Afghanistan, 1996Returnee IDPS brickmaking inRabatkabuli Village, near Herat.© UNHCR ⁄ S. WOLFSON76

C. Inclusion of InternationalHuman Rights & HumanitarianLaw Conventions, Treaties &Standards and HumanitarianPrinciples in Peace AgreementsFP79FP79 The General Framework for Peace in Bosnia andHerzegovina – An Agreement with Strong Foundationsin Human Rights (the Dayton Agreement)The Dayton Peace Agreement for Bosnia and Herzegovina(formally called the General Framework forPeace in Bosnia and Herzegovina) of 1995 containselaborate provisions relevant to concerns of bothhumanitarian and human rights organizations. TheAgreement binds its signatories to respect a widerange of human rights treaties and conventions.The Agreement includes not only the major humanrights treaties, but the Convention on the Rights ofthe Child; the Geneva Conventions and the two ProtocolsAdditional to the Geneva Conventions; and theConvention on the Prevention and Punishment of theCrime of Genocide. The Agreement also established aHuman Rights Commission (composed of the Officeof the Ombudsperson and a Human Rights Chamber).The human rights provisions set importantprecedents in that they obliged not just the nationalgovernment but its constituent entities to observe theAgreement (and thereby the relevant treaties). TheAgreement also set out the right to return and obligationsof the Parties relevant to the protection ofreturnees. Some of the human rights elements subsequentlyfound their way into other peace agreements.There were a number of human rights-related ‘lessonslearned’ during the implementation of theDayton Agreement. For example, a critically importantaccountability and access clause was unfortunatelynot applied consistently in the years immediatelyfollowing the signing of the agreement. Annex 7of the Dayton Agreement, “Agreement on Refugeesand Displaced Persons” obliges the Parties to take certainconfidence-building measures meant to reassurethe population. Annex 7 requires, among other things,that the Parties ensure “the protection of ethnicand/or minority populations wherever they are foundand the provision of immediate access to these populationsby international humanitarian organizationsand monitors” and further, that they ensure the “prosecution,dismissal, or transfer, as appropriate, of personsin military, paramilitary, and police forces, and otherpublic servants, responsible for serious violations of thebasic rights of persons belonging to ethnic or minoritygroups.” Annex 10 refers to the right of the internationalcommunity to monitor the compliance of localpolice forces with the Agreement. Unfortunately, themandate of the International Police Task Force (IPTF)sent to monitor the police did not initially includeconducting independent investigations in cases wherepolice officers were the alleged perpetrators or in caseswhere local police failed to conduct a proper investigation.Further, the Annex did not specify that policeofficers and police chiefs who committed abuses orfailed to ensure proper investigations could be immediatelydecertified. Eventually the Office of the HighRepresentative and IPTF did take some action toremove those officials who obstructed the return ofrefugees and displaced persons or failed to protectminorities, and to decertify police officers who violatedcertain aspects of the Agreement in relation tothe obstruction of return or involvement in violationsof other rights. Humanitarian and human rightsorganizations have since been strong advocates for theinclusion of measures to address impunity in peaceYou must agree that certainthings are to be excluded frompolitics… There are absoluterights that must be maintainedfor the people [and should neverbe negotiated away].– A Sudanese relief workerCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT77

FP80FP81FP82agreements. The Lomé Peace Accord brought thisissue to the fore given the amnesty offered to armedforces for violations commited during the civil war inSierra Leone. (See FP80)FP80 The Peace Agreement Between the Governmentof Sierra Leone and the Revolutionary United Front ofSierra Leone (the Lomé Peace Accord) – Provisions forHumanitarian ReliefAlthough the Lomé Accord has been roundly and justifiablycriticized by human rights organizations andothers because of the inclusion of amnesty for membersof the rebel movement who committed abusesprior to the signing of the Accord, the agreement doesinclude some important provisions relating to internationalhumanitarian law, human rights, andhumanitarian assistance that provide an opportunityfor advocacy for compliance with specific provisions.In other words, the peace agreement states simply andclearly in ‘usable language’ some of the obligations ofthe Parties.Article XXVII of the Accord, for example, focuses onhumanitarian relief. The agreement places the burdenon the State to request appropriate internationalhumanitarian assistance for the people of Sierra Leonein need, and also guarantees “safe and unhinderedaccess by all humanitarian organizations.” The agreementhas been used as a tool in negotiating access byseveral NGOS in Sierra Leone. Relief agencies have presentedcopies of the signed agreement at checkpointsand to authorities that all parties have agreed to safe andunhindered access by all humanitarian organizations.FP81 Incorporating the Concerns of a ParticularlyVulnerable Group, Such as Children, in the PeaceAgreement Represents an Important Step TowardsProtecting the Rights of Vulnerable Groups in SubsequentProcessesThe 1996 Machel Study emphasised the lack of considerationfor the rights of the child in demobilisationprocesses all over the world. The Lomé Peace Accordof 7 July 1999 for Sierra Leone was the first peaceagreement to include specific references to the rightsof children in armed conflict. The Accord states that“the children of Sierra Leone, especially those affectedby armed conflict, in view of their vulnerability, areentitled to special care and the protection of theirinherent right to life, survival and development, inaccordance with the provisions of the InternationalConvention on the Rights of the Child.”Article XXX of the Accord stipulates that “[the Government]shall afford particular attention to the issueof child soldiers. It shall, accordingly, mobiliseresources, both within the country and from the InternationalCommunity, and especially through theOffice of the UN Special Representative for Childrenin Armed Conflict, UNICEF and other agencies, toaddress the special needs of these children in the existingdisarmament, demobilisation and reintegrationprocesses.”FP82 The Inclusion of Provisions for Recognition of theRights of Women and Children in a Peace AgreementThe Arusha Peace Accords for Burundi mediated bySouth African statesman Nelson Mandela include aprovision for the inclusion of a Women’s Charter inthe new constitution for the country. It was proposedthat the Charter contain explicit reference to women’sland and property rights, special measures to protectwomen and children living in regroupment camps,and mechanisms to punish and prevent war crimessuch as rape. The proposals were outlined at an allpartyWomen’s Peace Conference held in Arushaduring peace talks. The UN Development Fund forWomen (UNIFEM) noted that the inclusion of thewomen’s proposals in the accord made the peaceagreement a model for future agreements in terms ofthe centrality of women’s rights and that Burundianwomen had made a substantial positive contributionto the peace process through their direct involvementin negotiation and facilitation of the talks.78

Sierra Leone, 1995During a visit to a UNICEF-assisted camp for demobilized child soldiersnear Freetown, the capital, Graca Machel speaks with a boy, one of some25 former child soldiers who had been forcibly conscripted by rebel forces.© UNICEF HQ95-0948 ⁄ R. GROSSMANCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT79

FP83FP83 Reminding Parties of Their Commitments JustPrior to the Distribution of Relief Supplies MayDecrease Access Problems and the Diversion of Aid andPlaces Authorities on Notice Regarding Their ObligationsIn collaboration with the UN Office for the Coordinationof Humanitarian Affairs (OCHA) country office inSierra Leone, the WFP established dialogue with theleaders of various rebel factions to improve and facilitateaccess. WFP staff regularly sensitised its interlocutorsabout its mandate and procedures for assistingpeople in need as well as the commitments made todonors. General principles of international humanitarianlaw were consistently referred to, but morespecifically, statements made by the leaders of armedgroups and commitments agreed upon in the LoméPeace Accord were repeatedly raised. One of the limitsof this strategy was the fact that some factions had notbeen represented during the peace negotiations andwere therefore less willing to observe the agreements.Moreover, the weakness of the authority of some ofthe leaders and/or lack of communication with theirlocal commanders also hindered this approach. Toaddress this issue, major inter-agency food distributionsinvolving WFP (as in the Makeni general fooddistribution in September 1999) were preceded by asensitisation of forces on the ground to relevanthumanitarian principles carried out by rebel forcesthemselves.80

D. Working with Parties to theConflict Toward Respect forInternational Law &Humanitarian PrinciplesFP841. PROMOTION OF GROUND RULES AND CODES OFCONDUCT BASED ON INTERNATIONAL LEGALSTANDARDS AND HUMANITARIAN PRINCIPLESFP84 An Operation Founded on Humanitarian Principles:No Easy Answers; Persistence Is the KeyIn 1988, OLS,a broad consortium of UN agencies andNGOS,negotiated with government and rebel forces toenable the provision of humanitarian assistancethroughout Sudan. This unprecedented agreementmeant that for the first time, NGOS working in theareas in southern Sudan under rebel control could doso legally.When three OLS workers and a journalist werekilled early in the operation, OLS negotiated formal‘Ground Rules’ with both sides to address security forfield staff and to establish clear rules for use of OLSradios and vehicles. It was soon realised, however, thatthe Ground Rules might be useful in addressing thefailure of armed opposition groups to respect humanitarianand human rights law.UNICEF – a major player in founding OLS – hadalready perceived the need to address the abuses ofhuman rights and diversion of assistance occurring inareas of operation. Put in the words of one of thefounders of OLS,“UNICEF recognized the immoralityof ‘trading’ access for an agreement not to speak outabout these abuses. It recognized the inadequacy ofhumanitarian assistance that provides goods and serviceswithout protecting civilians… [UNICEF] would bepraised for feeding people but not for questioning thebehaviour of warring parties that created theirhunger.”OLS decided to engage the parties to the conflict in arevision of the Ground Rules to include agreement torespect certain treaties, conventions and humanitarianprinciples. The revised Ground Rules referred specificallyto the CRC and to the Geneva Conventions (GC)and its two Protocols, but spelled out in practicalrather than legal terms the obligations of the parties.The revised Ground Rules included recognition of theright to receive humanitarian assistance and the needto protect civilians and relief staff in accordance withthe CRC and international humanitarian law. TheGround Rules also committed OLS to conduct humanitarianoperations in a neutral, impartial and transparentmanner and to hold itself accountable todonors and beneficiaries.After six months of negotiation, both the governmentand the main rebel movement signed theGround Rules. A year later, another armed oppositionforce in the south signed. The process of negotiatingthe rules was instructive in that it became an importantopportunity to discuss in depth what humanitarianprinciples were and to respond to the question“What’s in it for us?” OLS took the approach that theprotection and well-being of women and childrenwere just (fair) concepts that were compatible withSudanese culture and worked to identify specificexamples from Sudanese tradition and tribal practices.Some individual members of the armed groupsexpressed a strong sense of responsibility to protectthe civilian population–and also saw their cooperationas a means to demonstrate their “just cause”. OLSseized upon the fact that the parties wished to gaincredibility and legitimacy in the eyes of the interna-CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT81

FP85tional community. Although such an approach to arebel force was unique at the time for the UN andNGO community, there has since been wide acceptancethat engagement with such forces may be the onlyhope of reaching many war-affected people and is necessaryin order to transmit information about internationalstandards and obligations.Once the Ground Rules were negotiated, the nextstep was to disseminate them; a process that has beenongoing by necessity. OLS has since trained thousandsof soldiers and civilians on humanitarian principles,the CRC and other international treaties and standards.The later creation of the OLS Humanitarian PrinciplesProgramme expanded the training capacity ofOLS and made humanitarian principles training anintegral part of the operation. OLS HumanitarianPrinciples (HP) officers provided training to NGOstaff,local authorities, administrators, military leadersand soldiers on international human rights law andhumanitarian principles. They linked up with securityteams to brief newly arrived NGO staff going intosouthern Sudan and provided technical advice andsupport to Sudanese institutions, including lawyersand women’s groups. Humanitarian Principles Officersfollowed up violations of the Ground Rules withcommanders in the field, placing emphasis on rapidresponse. In recent years, the Humanitarian PrinciplesProgramme spearheaded an important study on thediversion of food aid during a famine.The OLS experience has played an important role inexploring the role of humanitarian relief organizationsin armed conflicts – and has suffered plenty of bumpsand bruises along the way. One of the weaknesses ofthe Ground Rules is the lack of enforcement mechanismsand the reluctance of commanders to hold theirforces accountable. The Ground Rules have often beenviolated, and the humanitarian community workingin Sudan has been bitterly divided at times about howto handle violations. OLS has been criticized by somefor focusing more on operational access and protectionof its own staff than the protection of civilians.OLS continued to evolve in an attempt to address theseconcerns. One later development was the signing of a“beneficiary protocol” by the government of Sudan,the main rebel movement and the UN to (once again)reinforce international standards and humanitarianprinciples.While the success of OLS has been uneven, it is recognizedas the first model for a truly ‘integratedapproach to protection’ – one which involves themajority of humanitarian actors on the ground andthe parties to the conflict in placing the protection andrights of civilians at the heart of humanitarian operationsin an armed conflict situation.FP85 Ground Rules Can Provide a Platform for Holdingde Facto Authorities ResponsibleThe UN-negotiated Ground Rules for Somalia underscoredthe fact that de facto authorities can and shouldbe held accountable under customary law for abusescommitted against civilians. The Ground Rules clarifythe responsibilities of both the de facto authorities andinternational aid agencies. For example, they state that“the main role of local authorities is to assist and protectcivilian populations under their control as well asto ensure the realisation of their fundamental rightsand freedoms” and note that local authorities shouldrefrain from “such acts that threaten the life, safety anddignity of men, women and children who are not takingactive part in the hostilities.” The Ground Rulesalso reminded local authorities that they were legallybound to respect customary humanitarian and humanrights law as embodied in a number of instrumentsand that they were responsible for the acts of allgroups and militias in the area over which they claimedcontrol. The Ground Rules included specific referencesto Common Article 3 of the Geneva Convention,genocide, crimes against humanity, the use of landminesand prohibitions relating to the death penalty.The Somalia Ground Rules broke with past patternsof narrow interpretations of humanitarian action asprimarily the provision of material assistance, stressingthe protection of civilians as falling within thehumanitarian mandate. The agreement states, “The82

ole of humanitarian aid agencies is to protect civilianpopulations and to provide humanitarian assistance tovulnerable populations which cannot be adequatelysupported by the local community or authority…”FP86 Articulating and Publishing Codes of Conduct toEncourage Humanitarian PrinciplesThe UN in Sierra Leone helped create the Code ofConduct for Humanitarian Assistance in Sierra Leone.The Code of Conduct spells out in three pages of nonlegalisticprose a delineation of the rights andresponsibilities of different actors: aid recipients, partiesto the conflict (government and rebel soldiers)and humanitarian organizations. It states, for example,that government and non-state actors must makeevery effort to ensure the security of those providinghumanitarian assistance, and must not block, redirector siphon off humanitarian aid. It also specifies thataid organizations must be accountable to aid recipientsand donors. They must respect, cooperate andshare appropriate information with other humanitarians,refuse to barter for access to communities, andcarry out their operations with neutrality and impartiality.They must agree not to carry arms. While inand of itself not legally enforceable (but based uponand noting enforceable international law), the Codeprovides a simple framework for principled action.FP87 Apprising Rebel Leaders of Their ObligationsUnder International Law – and Clarifying Issues ofAccountabilityThe Code of Conduct for Humanitarian Assistance inSierra Leone served notice to rebel leaders that theycould and would be held accountable for violations ofinternational law. During talks between rebel factionsin Togo in 1999, UNAMSIL took the opportunity toformally distribute an Aide Memoire entitled ‘Respectfor Human Rights and International HumanitarianLaw’ to delegates of the talks. The purpose of the AideMemoire was to inform rebel forces of their obligationto refrain from acts that violated international andnational laws and to remind them that “there are seriouscriminal sanctions in place internationally for allperpetrators of gross human rights violations and thatthe international community has resolved to bring tojustice all such perpetrators in order to break the cycleof impunity that has spurred the commission ofhuman rights violations around the world.”Importantly, the Aide Memoire (written by theHuman Rights Section of UNAMSIL) used clear, simplelanguage with specific examples of violations aswell as the legal basis for prohibitions against such actsas applicable to the Sierra Leone situation. The AideMemoire made specific note of violations carried outas part of strategic, deliberate campaigns of violenceagainst civilians, including abductions, mutilationsand amputations. Sexual violence and abuses againstchildren were also noted. The Aide Memoire containedequally clear, concrete proposals for action bythe rebel forces: the immediate release of all abductees,the demobilisation and release to UNICEF of all childsoldiers, and guarantees of immediate and unrestrictedhumanitarian access to civilian populationswithin rebel-held areas. It also noted that UNOMSILhad an obligation to report on violations of internationallaw. UNOMSIL distributed the Memoire to thefield commanders of the rebel forces in order toensure that they were informed of the prohibitionsagainst violations and their obligations toward civiliansand humanitarians. It was reported that onesenior rebel leader subsequently left the rebel forcesbecause of his awareness that the forces were violatingthe law.The Aide Memoire stated in clear terms that personscommitting violations after the signing of theaccord could be punished by a domestic or internationalcourt. As such, the document provided awarning to belligerents by clarifying publicly andwithout doubt their obligations. A few months afterthe above meeting, the Lomé Peace Accord was signedby the rebels and the Government, giving all soldiers“absolute and free pardon and reprieve” from punishmentunder domestic law for any violations committedto that point. Since it is not legally possible for aFP86 FP87The more you isolate them,the more they will shut outthe outside.– an Afghan relief worker, onworking with the de factoauthorities in AfghanistanCHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT83

El Salvador, 1993Although El Salvador’s 12 year civil conflict has ended, people are still at riskfrom landmines and other explosives left over from the war. In a uniqueinitiative, the Salvadoran Army and the Farabundo Marti Liberation Front,formerly adversaries, are cooperating to de-mine the country. Here, amobile educator discusses a landmine awareness brochure with a boy, at acommunity meeting in a rural part of El Salvador.© UNICEF 93-BNU0969 ⁄ K. ROBERTS84

government to excuse persons for violations of internationallaw, those committing such crimes remainopen to criminal prosecution by an internationalcourt or through the exercise of universal jurisdictionby other states.FP88 Negotiations with Opposition Groups Can GainImportant Protection for IDPSIn situations of internal displacement, negotiationswith opposition groups that control portions ofnational territory will always be sensitive. Nonetheless,active engagement with the opposition by internationalorganizations operating in Sri Lanka substantiallyexpanded the protection available to the internallydisplaced. The Special Representative of theSecretary-General for Children and Armed Conflict(SRSG-CAC), during a 1998 visit to Sri Lanka, sought anumber of commitments from rebel leaders regardingchildren’s rights. These commitments included limitationson recruitment of children, and an agreement totrain fighters in the Convention on the Rights of theChild. The ICRC sought and achieved commitmentsfrom the rebels on adherence to key portions of theGeneva Conventions. The ongoing challenge has beento implement these commitments on both sides.FP89 Codes of Conduct Can Be Useful for HumanitarianOrganizations in Conducting Their ownOperations as WellThe Code of Conduct for the International Red Crossand Red Crescent Movement and Non-GovernmentalOrganizations in Disaster Relief has since 1994 beenpromoted by the ICRC and the International Federationof Red Cross and Red Crescent Societies. The aimof the Code of Conduct is to maintain, on the part oforganizations having voluntarily endorsed it, a standardof behaviour that guarantees the independenceand effectiveness of the humanitarian response to disastersituations. Approaches were made to numerousnon-governmental organizations and several governmentswith a view to having them endorse the Codeand to encourage compliance with its provisions in thefield.The Code was initially elaborated and approved byeight of the largest humanitarian organizations: CaritasInternationalis, Catholic Relief Services, theInternational Federation of Red Cross and Red CrescentSocieties, the International Save the ChildrenAlliance, the Lutheran World Federation, OXFAM, andthe World Council of Churches (members of theSteering Committee for Humanitarian Response),together with the ICRC.Since 1995, apart from theabove-mentioned organizations, over 200 NGOS havealso declared their acceptance of the principlesembodied in the Code of Conduct. (The Code of Conductand registration information may be found athttp://www.ifrc.org/publicat/conduct/index.asp.)Although not addressed specifically in the aboveCode of Conduct, there has been increasing recognitionamong humanitarian organizations thathumanitarian ethics require ‘due diligence’ to ensurethat humanitarian action does not worsen the situationand increase the level of danger to the peopleaffected. They must therefore remain aware of andassume full responsibility for the potential consequencesof their acts. One of the most significantchallenges relates to the consequences of materialassistance. Relief work is known to have the potentialto distort or prolong conflicts. Examples of securityproblems that can arise in connection with relief operationsinclude hijacking, theft, and misappropriationof supplies and equipment, especially to those engagingin armed conflict or those groups suspected ofcommitting violations.During the protection workshop process, actions toprevent humanitarian assistance from leading toincreased vulnerability of the target population(s),and/or strengthening the position of the perpetratorsFP88FP89CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT85

FP90of violence were identified. Workshop participantsconcluded that humanitarian organizations shouldinter alia:• assess the possible negative repercussions of theirwork carefully before acting and undertake a comprehensiverisk assessment of the impact of theirwork;• pay special attention to the risks of having assistanceused to prepare or fuel a conflict and be awarethat making short-term concessions to authoritiesor armed groups regarding their claims for assistancemay worsen things in the long term;• reject any direct participation in illegal activitiesthat could run counter to the victims’ interests;• always remain attentive to other possible negativeeffects of their work, by means of closely and regularlymonitoring their own activities and analysingtheir impact;• be as knowledgeable as possible about the underlyingcauses of a conflict and continuously gatherinformation about those causes;• carefully study what influence donor policy mayhave on their operational decision-making;• give priority to meeting immediate needs, especiallyin situations where survival is at stake;• forego action if they do not have the requiredknow-how, funds and staff to see a programmethrough to its conclusion;• remain informed about the work of other organizationsin the same domains;• ensure that their own work does not contradict orundermine the activities of other organizations;• share their experience and knowledge as effectivelyas possible with other organizations;• be open with other organizations about problemsand concerns;• acknowledge the fact if they cannot meet the needs;• carefully consider before withdrawing (if an organizationis no longer in a position to work underconditions that it deems acceptable, it might decideto disengage. A careful assessment of the situationshould be undertaken before any decision is made).2. SPECIAL PROTOCOLS OR INITIATIVES TOADDRESS INTERNATIONAL LAW AND/OR HUMANI-TARIAN PRINCIPLES AND VIOLATIONSFP90 A Beneficiary Protocol Signed by the Parties MayReclarify Important PrinciplesThe UN, the Government of Sudan and rebel leaderssigned the Beneficiary Protocol in Geneva in 2000,anagreement on the implementation of principles governingthe protection and provision of humanitarianassistance to war-affected civilian populations. Theagreement reiterated previous agreements and identifiedand discussed seven areas of agreement: 1)war-affected civilian populations have the right toreceive humanitarian assistance; 2) war-affected civilianpopulations have the right to retain all humanitarianassistance they were intended to receive; 3) beneficiarieshave the right to receive protection; 4)humanitarian action must respect and promote thehuman dignity of beneficiaries; 5) beneficiaries havethe right to protection from forcible relocation fromtheir legal or recognized place of residence; 6) monitoringand evaluation is to be permitted to preventdiversion of aid, looting, etc.; and 7) the agreementmay be modified only by agreement of all three parties.UN operations staff was hopeful that the protocolsmight breathe new life into the ability to hold the sidesaccountable for violations of the previously negotiatedGround Rules (in the south) and past agreements withthe Government in Khartoum. The agreement did not(and could not) modify existing law. Rather, it clarifiedcertain principles and reiterated the responsibility ofthe government and rebel forces under applicabletreaty and customary humanitarian/human rights law.The agreement listed six relevant human rightstreaties and noted the protections from armed conflict“as accorded by the international humanitarian law,including the Geneva Conventions.” As a practicalmatter, the Beneficiary Protocol was printed with twoother protocols signed on the same date by the parties86

Somalia, 1997As supplies are unloaded from a World Food Programme airplane, a mancarries a sack of 'Super Unimix' – a protein-rich nutritional supplement –at the airstrip in the southern town of Bardera.© UNICEF HQ97-0751 ⁄ R. CHALASANICHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT87

FP91FP92FP93(humanitarian staff and property security and minimaloperations for rail corridors) in a very smallhandbook easily carried in the field, each volume writtenin both Arabic and English.FP91 Action by NGOS and National Legislation to PreventHuman Rights Violators from Profiting from theSale of Diamonds Obtained Through Campaigns ofTerror and ViolenceThe sale of diamonds feeds the armed conflict in severalAfrican nations by providing the primary sourceof money to rebel groups (money used to purchasearms and to enrich persons who have committed warcrimes). On 5 October 1999, the largest internationaldiamond merchant De Beers announced that the companyhad decided to suspend the purchase of alldiamonds from Angola, in line with United Nationssanctions against UNITA, the rebel group in Angolathat controlled the diamond mining area and was protectingDe Beers production of diamonds in thecountry. The De Beers announcement followed thelaunch of a European NGO campaign called FatalTransactions (http://www.niza.nl/uk/campaigns/diamonds)designed to alert the public to the fact thatfunds from the diamond trade go to fuel wars inAfrica. The campaign grew to include two other countrieswith similar issues, Sierra Leone and Congo-Kinshasa. The Campaign represented the combinedefforts of five human rights and humanitarian NGOS:Global Witness (Britain), Intermon (Spain), MedicoInternational (Germany), Niza (the Netherlands Institutefor South Africa), and Novib (Netherlands).On the other side of the Atlantic, American NGOScreated the Campaign to Eliminate Conflict Diamonds(http://www.phrusa.org/campaigns/sierra_leone) acoalition of human rights, humanitarian, religious,peace and development organizations dedicated to theeradication of international trade in diamonds whoseproceeds fuel conflict, suffering, and destruction inAfrica. Coalition partners included Physicians forHuman Rights, Amnesty International, OXFAM America,World Relief, and the Commission on SocialAction of Reform Judaism.Some 70% of diamonds are sold in the US. TheCampaign advocated for the passage of the Hall-Wolf-McKinney bill (the Clean Diamond Act) in the USCongress, which called for a certificate of origin ondiamonds as a way to discourage trade in diamondsfrom Sierra Leone, where limb amputations and otherviolations have been committed by rebel forces whocontrol the diamond mines. It was hoped by the sponsorsof the bill that the measure would wrest control ofthe diamond trade from illegitimate middlemen andensure that some of the profits from the sale of diamondscould begin to flow into social programmes forthe people of Sierra Leone.FP 92 Promoting Human Rights Through FinancialAccountability of Governments for Humanitarian LossesAbove all other actors, governments have a duty toprotect and promote the human rights of their citizens.The WFP gave this duty greater force through awritten, commercial agreement with the governmentin Sierra Leone that simultaneously promoted betteroversight of the commercial sector and more effectivedistribution of food. In the contract, the local governmentagreed to pay WFP for humanitarian items lostor stolen while in transit or storage by official or privatecompanies. WFP’S country director felt theformal and financial aspect of the contract was havinga long-term, psychological impact: because of the contract,government officials had become more aware oftheir humanitarian and human rights responsibilities.FP93 Ensuring the Right to Health by Instituting Oversightof Collection of Charges for Medical Care toPrevent Bribing SystemIn Sierra Leone, the WHO teamed up with the NGOMERLIN and Medecins sans Frontieres (MSF,or Doctorswithout Borders) to set and collect fees formedical care charges. This system helped discouragethe practice of bribes (which prevented people who88

couldn’t pay bribes from receiving care), improvedaccess of the most vulnerable to medical care, andhelped keep the health care system afloat financially.FP94FP94 Engaging in the “Ethics of Refusal” to ProtestLack of Action to Protect Populations in DangerIn his acceptance speech for the 1999 Nobel PeacePrize for MSF, president James Orbinsky asserted thatit was sometimes necessary for humanitarians toengage in “the ethics of refusal”– the refusal to remainsilent when human dignity is assaulted. Some monthslater, MSF carried out the ‘ethics of refusal’ in Kosovoby pulling out operations from the troubled province.MSF believed that the UN and NATO troops were notaddressing the ongoing intimidation and violenceagainst ethnic minorities in Kosovo and announcedthe withdrawal of its programmes.From a medical perspective, wecouldn’t remain providingmedical care for people whosemost significant complaint isprofound and legitimate fear.– MSF President James Orbinskyon the decision to pull operationsout of Kosovo following repeatedattacks on the Serb minoritydespite NATO presence.CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT89

FP95FP96E. Protection & Peacekeeping:Links to Humanitarian WorkFP95 Work at the Highest Advocacy Level May AlsoHave an Impact on Work in the Field: UN SecurityCouncil Resolutions 1296 and 1265UN Security Council resolution 1296 (19 April 2000),drafted by the Government of Canada, may be one ofthe most promising protection-related developmentsin decades – but only if the concepts expressed in theresolution are translated into action. Resolution 1296(unanimously adopted by the Council) communicatesthe willingness of the Security Council to consideractions related to the protection of civilians in situationswhere the threat of genocide, crimes againsthumanity, and war crimes exist. The Security Councilacknowledged that deliberate violations of internationallaws protecting civilians might constitute athreat to international peace and security, and invitedmember states and the Secretary General to bring anysuch matters to its attention. The Council also“affirmed its intention to ensure, where appropriateand feasible, that peacekeeping missions are givensuitable and adequate resources to protect civiliansunder imminent threat of physical danger,” andstressed the need to strengthen the UN’s rapid deploymentcapability for peacekeepers, civilian police, andhumanitarian personnel.Many of the provisions in the Security Council Resolutionson the protection of civilians have been usedin advocacy efforts in the field. Importantly, resolution1296 also recognized the need to consider the specialprotection and assistance needs of children, womenand other vulnerable groups when drafting peacekeeping,peacemaking, and peace-building operations. Theneed for clear terms relating to the disarmament,demobilisation, and reintegration of soldiers, withspecial provisions for child soldiers, was emphasised.UN Security Council Resolution 1265 noted the SecurityCouncis’ “willingness to respond to situations ofarmed conflict where civilians are being directly targetedor humanitarian assistance to civilians is beingdeliberately obstructed...” and “emphasizes the responsibilityof states to end impunity and to prosecutethose responsible for genocide, crimes against humanityand serious violations of internationalhumanitarian law.”FP96 Designation of Child Protection Advisers forProtection in Peacekeeping Operations: UN SecurityCouncil Resolution 1261The Special Representative for the Secretary-Generalon Children and Armed Conflict (SRSG-CAC), OlaraOtunnu, pressed for the inclusion of a senior ChildProtection Advisor in every UN peacekeeping operation,and the UN Security Council adopted thisrecommendation in UN Security Council resolution1261.The deployment of Child Protection Advisors aspart of peacekeeping missions in Sierra Leone, theDemocratic Republic of the Congo and East Timorrepresented concrete follow-up to resolution 1261 –and a real breakthrough for children affected by thoseconflicts, giving them advocates right at the heart ofthe missions.Child Protection Advisors are included on the centralstaff of the peacekeeping missions, providingadvice on child protection matters directly to theCommander of peacekeeping forces on the ground.The role of child advocates is to ensure that chil-90

dren’s interests are not marginalized in the policymaking,resource allocation and priority-setting ofpeacekeeping operations. Under the overall authorityof the heads of field missions, Child Protection Advisorsare directed to coordinate closely with relevantUN agencies, especially the United Nations Children’sFund (UNICEF), the UNHCR, the United Nations HighCommissioner for Human Rights (UNHCHR),national authorities and NGOS.The Child ProtectionAdvisor’s role includes highlighting core issues such asthe demobilisation and reintegration of child combatants;the resettlement of displaced children andfamilies; mine awareness and rehabilitation of childvictims of landmines; physical and psychosocial rehabilitationfor injured, maimed and traumatisedchildren; and the rehabilitation of basic medical andeducational services. Another important responsibilityof the Child Protection Advisor is to organise appropriatetraining on the rights of children and womenfor peacekeeping personnel, both civilian and military.FP97 Specialised Workshops or Training Courses CanHelp Peacekeepers Understand Their Role in Protectingand Promoting Child RightsIn response to the United Nations General Assemblyand Security Council call (through resolution 1261) forUN field operations to reflect concern for childrenaffected by armed conflict, the Social Services Departmentof the UN mission in East Timor (UNTAET)initiated workshops for UN peacekeeping commandersfrom 22 different countries on the Convention onthe Rights of the Child and the need to incorporatethe protection of children, refugees, and women intothe peacekeeping mission. The Force Commander ofPeacekeeping Forces and Peace Education-ChildRights engaged UNICEF and other organizations inorganising the workshops. The trainers worked hardto consider the cultural differences among battalionsfrom different countries in terms of language, religionand tradition in order to best facilitate their understandingof the Convention on the Rights of the Child.They also tested the commanders’ knowledge of childrights, and learned that while nearly everyone mentionedthe rights to education, health and nutrition,children were still considered objects of assistancerather than human beings with rights. Commanderswere aware of the problem of the sexual exploitationof children, however, and indicated that they viewedthis as an especially terrible offence. After presentingand discussing rights, the commanders were asked toidentify specific actions that peacekeepers could taketo protect and promote respect for child rights.FP98 Protecting Minorities Under Threat ThroughInformal Cooperative Arrangements Between Peacekeepersand Humanitarian OrganizationsSome 3,000 to 4,000 KFOR (Kosovo Force, NATOpeacekeepers) troops out of some 40,000 were specificallydesignated to protect minorities andcultural/religious sites in Kosovo following deploymentin Kosovo. Humanitarian agencies and NGOSworked closely with KFOR and many reported informallyto KFOR on human rights problems observed inthe course of their work. Depending on the need,KFOR responded to these reports with increasedpatrols and, when required, evacuation. The peacekeepingoperation in Kosovo was one of the first thatmandated a specific protection role for peacekeepers.The mandate proved to be complex and difficult, andmany humanitarian actors were both disappointedand frustrated by the failure of KFOR to respond adequatelyand to more effectively prevent violations.Despite the significant shortcomings of the mission,however, it represented an important step towardrecognition of the international obligation to addressthe protection of civilians on the ground during atransition to peace.FP97FP98CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT91

Sierra Leone, 1998An instructor teaches girls to prepare for weaving in a vocational trainingworkshop at a centre run by the Christian Brothers, a local NGO that workswith unaccompanied, abused and street children, as well as former childsoldiers, in the southern town of Bo.© UNICEF HQ98-0548 ⁄ G. PIROZZI92

F. Supporting Community-Initiated Protection StrategiesFP99FP100FP99 Facilitating Grassroots Decision-Making CanLead to Self-Initiated Human Rights ActivitiesThe Rebuilding Communities in Urban Areas componentof the P.E.A.C.E.project in Afghanistan(described in Chapter 2. Humanitarian Assistance andProtection: Developing an Integrated Approach) wasconducted through the Community Forum Programmeof the UN Centre for Human Settlements.The Community Forum Programme supported thedevelopment of local decision-making bodies thatincluded women and men (although meeting in separategroups). Since decision-making at the local level isextremely important in Afghan society, but has brokendown after years of armed conflict and politicalupheaval, strengthening capacity and determinationfor local decision-making enhances both civil/politicalrights and economic and social rights. Importantly,the community fora have been used successfully bysome communities as an advocacy tool to regain internationallyrecognized rights enjoyed in the past thathad been revoked (such as the right to education andhealth for girls and women). Local authorities whohad initiated stringent restrictions that denied theserights seemed unable or unwilling in some cases todirectly challenge the determination of members ofthe community to remove those restrictions or mayhave realised that they could not enforce the restrictionsif the community pulled together against them.FP100 An Act of Resistance Against Armed Conflict bythe Internally Displaced: Communities of PeaceSeveral communities in Colombia, caught betweenwarring factions, attempted a unique and creativeresponse to the conflict: they declared themselves‘communities of peace’. Communities of peace haveessentially opted out of taking part or taking sides inthe multifaceted ‘civil war’ which involves many factions.Members of these communities pledged not tocarry arms or participate directly or indirectly inarmed actions and agreed not to provide informationto any of the parties to the conflict. Communities ofpeace, whose members also pledged increased cooperationin community affairs and production, wereencouraged by activists within the Catholic Churchand by some Church-related social agencies. Communitymembers were issued identity cards indicatingtheir neutrality in the armed struggle, and communitiesof peace often chose to erect signs that publiclystated their chosen course. Such a declaration becomes,in the words of one Colombian NGO, an “act of resistance”by displaced communities “searching for alternativestrategies for survival” in an environment wherethe government is unable to provide basic security.A concern was raised by some organizations regardingthe communities having to give up their freedomof expression. This concern is important, as individualshave the right to freely express their opinion or toassociate with whom they wish. Nonetheless, creatingcommunities of peace is an extraordinarily courageousattempt by the civilian population to takecontrol of their own destiny.The strategy generated mixed results in displaced andreturnee communities. Some communities reportedthat community of peace status deterred armed incursions,while others continued to face attacks.CHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT93

FP101FP104FP102FP103FP101 Important Steps to Promote Protection and PeaceAre Often Taken Out of the International SpotlightIn the summer of 1999,chiefs of the Sudanese Dinkaand Nuer tribes held talks for 10 days in Wunlit,Sudan. They came together to try to end further devastationcaused by in-fighting among southernSudanese. The visit to Dinkaland by a Nuer chief wasalso meant to build confidence among the Nuer peoplethat it was safe to travel there. During the talks,participants noted that the proliferation of small armsin the south had vastly worsened the level of abusesduring cattle raids. Before the introduction of smallarms, cattle raids had resulted in a much lower loss ofhuman life. The breakdown in culture fed on itself askilling became an act that became easier to commitand carried fewer moral consequences, as killing witha gun did not involve hand-to-hand combat. Thechiefs present committed themselves to addressingthis. The outcome of the talks was the Wunlit Dinka-Nuer Covenant,which named the terms of a cease-fireand called upon all in the south to adopt it. WhenNuer people were later forcibly displaced from theirhomes due to conflict based on exploitation of oilresources, some went toward Wunlit. “Without thepeace processes, these Nuers would have had nowhereto go,” one observer noted. Humanitarian organizationsand donors could approach groups involved insimilar initiatives to learn more about how they mightprovide support.FP102 Mobile Peace Units Can Engage Ex-Soldiers andReach Fighters Who Have Not Yet Given up Their ArmsMessages for peace do not reach remote areas withouta concerted effort. The NGO ActionAid in Sierra Leoneorganised a Mobile Peace Unit (MPU), which travelledto remote areas in a vehicle equipped with a big-screenTV,videos, etc. for entertainment purposes – and forthe dissemination of important messages related topeace. The MPU also disseminated a popularised versionof the peace agreement, and recorded oralhistories and the memories of youth about the war.FP103 Engaging the Public in Demobilization ProgrammesThe Children’s Committee for Disarmament in Freetown,SierraLeone, produced a call-in radio programmeto get the public’s views on how to spendpublic monies to achieve disarmament.FP104 Children Vote for Peace in a National Referendum:Voters Show Up by the MillionsIn Colombia, a large-scale, national effort to supportthe peace process called the Children’s Mandate forPeace and Rights involved an astonishing 2.7 millionColombian youth – and was nominated for the NobelPeace Prize.The Children’s Mandate for Peace effort was supportedby the National Peace Network (REDEPAZ), theCatholic Church, the Scout Federation and UNICEF,among others. The project centred on a national referendumby Colombia’s children and was organisedaround a formal voting process in more than 500 electoraldistricts. Accompanied by extensive mediacoverage and public organization efforts, the ballotscast by young voters emphasised two points: a vote forpeace in Colombia, and a choice of which guaranteeprovided in the Convention on the Rights of the Childwas most essential in the Colombian context. The childrenvoted overwhelmingly in favour of the right tolife and the right to peace.The voting process and related publicity significantlyraised awareness of the needs of Colombianchildren affected by war and displacement. Moreover,the Children’s Mandate for Peace had other lastingbenefits: it stimulated a legislative debate on increasingthe age for military recruitment in Colombia; helpedstimulate subsequent advocacy for peace by the adultpopulation; and encouraged many Colombian youthto become active in ongoing peace and social justicemovements.94

Sudan, 2001A 16-year old boy, walks arm in arm with a woman and girl, both relatives with whomhe has just been reunited, in the province of Northern Bahr el Ghazal. He has justarrived, with other demobilized child soldiers, transported by aeroplane by UNICEF froma transit camp in Rumbek, capital of the nearby province of Lakes. After each 50-minuteflight, the plane returns to Rumbek for other children, transporting several hundred a day.© UNICEF HQ01-0362 ⁄ R. LEMOYNECHAPTER 3. BROADER INITIATIVES & APPROACHES TOSTRENGTHEN THE PROTECTION ENVIRONMENT95

FP105FP105 Neighbourhood or Village Watches Can Providea Basic Early Warning SystemThis tactic involves the assignment of watches (periodsof observation) in high-risk areas. Persons onwatch are instructed to report any unusual activities toa central point in order to get help. Systems enablinground-the-clock notification of international organizations(if present) must be devised whenever feasible,especially in cases where the police or other authoritiesare responsible for carrying out abuses or are notable or willing to protect citizens. Warning systemsneed not be ‘high tech’. In Rwanda, according to ahuman rights monitor, discussions with Tutsi residentsin villages near the border or in other areassubject to attack by returning Hutu militias followingthe genocide in Rwanda revealed that Hutu militiasknew the villages well, even down to where each personwas sleeping. Villagers, with the support of thehuman rights monitor, developed a basic civil defencesystem, where lookouts were assigned just outside thevillage to keep watch. If any suspicious movement wasnoticed, the lookouts banged loudly on jerry cans as awarning to those sleeping. The word would be passedon to other villages and an alarm system set up tonotify local defence forces if there was an incursion.Similar watches have been set up around theperimeter of refugee or IDP camps, and could beimportant in protecting refugee women from sexualassault by outsiders. Humanitarian organizationscould encourage the development of such watches andperhaps work with the community to provide incentivesfor those willing to keep watch and to developstrategies to approach authorities regarding any incursionsinto the camp or attacks upon camp residents.96

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CHAPTER 4PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION4

life, health &India, 2000An elderly man stands in the village of Devikot, approximately 40 km southof the desert city of Jaisalmer in north-western Rajasthan, one of the stateshardest hit by the drought.© UNICEF HQ00-0625 ⁄ R. LEMOYNE

dignity

IntroductionRealizing the link between assistance and protection,many humanitarian organizations have begun to considernew approaches that incorporate thinking aboutprotection into regular programming.A relief worker delivering bags of wheat flourunderstands that her actions support the right to food.As she becomes more knowledgeable about rights andthe need to both promote and actively protect rights,however, she realises that supporting the right to foodby delivering material assistance alone is not a sufficientresponse to the many problems faced by thosereceiving the flour. Participants in her programmehave been directly attacked and forcibly displaced.Many women were sexually assaulted during flight andupon return to their village continued to fear for theirsafety. The elderly and disabled were in some cases leftbehind by families fleeing the violence, and someremained alone upon the return of other villagersbecause their families did not come back.Some of those on her distribution list belong to anethnic minority, and are fearful of coming to the distributioncentre to collect their food entitlement. Shehas heard that other people were targeted coming backfrom distribution by bandits, who preyed on the elderly,women and children.She starts thinking about what her programme isdoing in a new way. She knows that since the aid mightattract bandits, she must learn how to set up a distributionplan so that these problems are minimised.Upon consulting with the village elders, she learnsthat a number of children have been enticed to jointhe armed forces because the commanders promisedto provide food for them and for their families. Thevillagers are convinced that the presence of programmestaff as witnesses will discourage abuses, andthat access to food (and to education programmes) willdiscourage children from joining the soldiers (and willhelp families discourage the practice).She begins to consider ways to distribute food in away that will reach the poorest and most marginalizedof the people. She consults with the women in the village,who inform her that she must be careful how thefood is distributed – otherwise the most vulnerablewill be left out. They suggest the best way to help elderlyand disabled people is to arrange for villagewomen to take the food directly to their homes ratherthan expect them to come to the distribution point.They discuss ways of ensuring that the food reachesthe intended recipients.The aid worker also consults with members of theminority group to explore possible alternative distributionsites that would be more accessible to them.One person suggested that the home of a respectedelder sympathetic to their plight might be used as atemporary storage facility for the relatively smallamount of aid they received. They indicated that thisperson was unlikely to be targeted given his stature inthe surrounding area. The aid worker agreed to speakwith him.The villagers – both women and men – stress thatthey are anxious to go about growing their own foodagain but have no tools or seeds.Later, the relief worker consults with other organizationsand asks UNICEF about setting up aneducation programme in this village staffed with ateacher who lives in the village. She discusses theCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION103

eturn problems with the UNHCR protection officerand contacts the ICRC about a programme they havesupported which turns weapons into farming implementsand about their seeds programme. She speakswith several international NGOS including OXFAM andMSF about visiting the village to help address assistanceneeds, including protection through increasedpresence. She consults with other colleagues to learnmore about how to ensure the long-term sustainabilityof capacity-building projects.In this section, field practices relevant to humanitarianservice sectors have been gathered from avariety of sources to provide examples of wayshumanitarian activities can further protection. Asemphasised earlier in this collection of practices, it isthe way these activities are planned and carried outthat makes the difference. The focus is not solely onthe delivery of a particular service (i.e., digging a well)but how that service can prevent or mitigate protectionproblems.This chapter is based on the sectors included in theSphere Project Minimum Standards in Disaster Response(water supply and sanitation, nutrition, food aid, shelterand site planning and health services), but threehumanitarian sectors that do not appear in the SphereProject Standards are also included in this discussion:family unity and tracing, education and income-generatingactivities.104

Croatia, 1993Ensuring that the elderly are kepttogether with their families duringtimes of displacement secures theneeds of all family members.© D. PAULCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH & 105DIGNITY THROUGH HUMANITARIAN ACTION

FP106A. Family Unity & TracingFamilies are often separatedduring armed conflict, and familymembers may not know whatbecame of their loved ones. The‘pain of not knowing’ can neverbe assuaged. People continuesearching long after the war isover. Tragically, many will searchfor the remainder of their lives. Itis important that families aremade aware of the servicesoffered by the International RedCross and Red CrescentMovement and otherorganizations. While one doesn’twant to raise false expectations,many people have learned newsof family members and havesometimes been reunited thanksto these services.International humanitarian law provides for the rightof families to know the fate of relatives separated fromthem due to armed conflict. The parties to an armedconflict are responsible for gathering all informationwhich may help establish a missing person’s fate, forproviding a response in individual cases, for drawingup death certificates when death has been confirmedand for taking all measures to obtain a ruling on thelegal and administrative status of missing persons andtheir families. Human rights law, too, in particular theConvention on the Rights of the Child, containsdetailed standards on family unity which are applicablein times of war and peace.FP106 The Worldwide Network of the InternationalRed Cross and Red Crescent Movement Helps KeepFamily Links IntactAssistance to family members who have been separatedby armed conflict, internal violence orimprisonment can take different forms, such as collectingand delivering family messages, organisingfamily reunification, arranging for family members tovisit relatives in prison or across front lines, or searchingfor information about people reported missing.RED CROSS/FAMILY MESSAGES: Family messages,initiated during the First World War, still comprise amajor part of the services offered by the ICRC andNational Red Cross and Red Crescent Societies. Familymessages transmitted ‘across the lines’ thanks to theunique network of sister National Red Cross and RedCrescent Societies supported by the ICRC have provento be a simple, swift and effective way of helping separatedrelatives renew and sustain contact. Hundreds ofthousands of Family Messages are exchanged each year.TRACING: The International Red Cross and RedCrescent Movement around the world works cooperativelyto trace individuals separated from their familiesbecause of armed conflict, internal disturbances andtensions and imprisonment. Searches are carried outin many different ways: by collecting and deliveringfamily messages, sending Red Cross/Red Crescent staffto places where the individuals sought are thought tobe staying, contacting those who may have informationon their whereabouts, and publishing namesand/or photos. This work depends on the meticulousgathering, analysis and transmission of informationabout individuals. Those people who are successfullytraced are put in touch with their families thanks tothe world-wide network of 176 National Red Crossand Red Crescent Societies. The ICRC’s Central TracingAgency in Geneva acts as a clearinghouse fortracing requests sent across international borders. TheCentral Tracing Agency holds information about hundredsof thousands of displaced people, refugees,detainees and missing persons in its tracing files.In Bosnia and Herzegovina, the ICRC set up andchaired a Working Group to implement a process oftracing persons unaccounted for in connection withthe conflict in the territory of Bosnia and Herzegovina.The ICRC also instituted a missing personsprogramme that includes an on-line Internet databasewith a list of persons unaccounted for and informationabout them (name, father’s name, and date ofbirth and place of origin). The ICRC asks people tohelp clarify the fate of the missing by providing accurateinformation if available. The list has also been106

published in book form. BBC radio participated intracing by conducting call-in radio and other programmesto inform families about tracing services andallow people to announce they are alive and lookingfor family members. Following the massacre of some7,000 to 8,000 men in Srebrenica, Bosnia, a book containingphotographs of articles of clothing and otheritems recovered during the exhumation of mass graveswas published and placed in places open to the publicso that the dead might be identified.FAMILY REUNIFICATION: The ICRC and NationalSocieties, where possible and necessary, make arrangementfor the return home of persons located throughtracing efforts. In Somalia, Croatia, Cambodia and SriLanka, for example, several hundred cases wereresolved and families were reunited in each country.A number of NGOS are also engaged in tracing andreunification efforts (both in partnership with theICRC and National Societies and independently).Many of these programmes provide assistance to childsoldiers and their families.FP107 The Building of Partnerships Combined WithNew Technology Can Help Provide Answers to SomeFamilies Desperate for InformationThe International Commission on Missing Persons(ICMP) was founded in 1997.The objectives of theICMP included persuading responsible governmentsto intensify efforts to resolve cases of persons missingas the result of conflicts in the former Yugoslavia, supportingspecific projects of agencies involved inmissing persons issues, and assisting family membersof the missing and their associations. A key project ofthe ICMP (carried out by the human rights NGOPhysicians for Human Rights) was the Ante-MortemDatabase, a mechanism to collect information aboutthe physical characteristics of the missing person atthe time of disappearance by conducting interviewswith family members. The Identification Project comparedante- and post-mortem data and investigatedother clues to the identification of mortal remains.DNA testing has been conducted when necessary andpossible. Unfortunately, the process of identificationwas extremely painstaking and the location of manymass and individual graves remained a secret. A numberof missing persons associations were founded inthe former Yugoslavia to provide support for the manyfamilies anxiously awaiting the results of exhumationsand/or tracing requests and to advocate for theresources needed to continue the identificationprocess.FP108 On-Line Services Help Reunite Families andTrack Information About Persons Separated From theTheir FamiliesThe on-line Family News Network developed by theICRC with the assistance of national societies includesa searchable database of persons missing due to theconflicts in Bosnia and Herzegovina and Kosovo andhas been expanded to include persons missing due tocertain other events. The website has accelerated theprocess. The website for the Family News Network ishttp://www.familylinks.icrc.org. In November 2000,the ICRC published a guide for National Red Crossand Red Crescent Societies called ‘Restoring FamilyLinks’ to assist in family messages, tracing and reunification.The book can be ordered from the ICRC. 1FP109 Assisting Families of Missing and Killed Personsin Understanding Their Legal RightsIn order to help families resolve problems related tothe legal status of their missing relatives (and subsequentlytheir own legal status), the ICRC prepared amanual summarising the relevant legislation and therights of families of missing or killed during thearmed conflict. The ‘Manual on the Rights and Entitlementsof the Families of Missing and Killed Personsin the Republika Srpska/Bosnia & Herzegovina’ assistsfamilies in making representations to administrativebodies.1 The book can be ordered for a fee by emailingpkammer.gva@icrc.orgFP107 FP108 FP109With the help of Red Cross andRed Crescent National Societies,the ICRC assists in the collectionof tracing requests from families,helps authorities set up and runofficial mechanisms for collectingand processing such requests,offers technical advice based onits extensive experience intracing, and encourages andsupports the parties in the workof exhuming communal gravesand identifying human remains.The ICRC defines a missing personas anyone who goes missing asthe result of armed conflict –civilian or military – whoserelatives remain without news inspite of all efforts, including thoseby the ICRC and the InternationalRed Cross and Red CrescentMovement, to trace them orclarify their fate. The ICRC ’s dutyto try to determine the fate ofsuch persons stems from itsmandate to assist all victims ofarmed conflict.CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION107

Rwanda, 2000Family reunification in Gisenyi under the auspices of the ICRC.© ICRC RW-N-00174-01 ⁄ M. LONGARI108

FP110 Spreading the Word About Family Messages andTracing Services Through EntertainmentThe ICRC delegation in Addis Ababa, Ethiopia, establishedcooperation with Circus Ethiopia (see Chapter3.A. Dissemination of International Humanitarian,Human Rights and Refugee Law) in 1995 to highlightspecific activities carried out by the ICRC and TheEthiopian Red Cross Society for people separated orotherwise affected by war, such as the Red Cross familymessage service.FP111 Tracing and Reuniting Child Soldiers with TheirFamiliesHumanitarian organizations in Sierra Leone, led byUNICEF,created a database of missing children andcross-matched it with names of ex-fighters registeredin demobilisation centres. Since much of Sierra Leone’spopulation had become internally displaced or takenrefuge in neighbouring countries, the data-base includesinformation from IDP and nearby refugee camps.FP112 Satellite Telephone Communications Providedby an International NGO for Displaced Persons andAid Workers Help Maintain Family Unity (and CouldEnhance Protection for Marginalized Communities)Telecoms sans Frontieres’ (Telecommunications WithoutBorders, or TSF) mission is to quickly establishsatellite communications in areas struck by war andnatural disaster. TSF worked (with the assistance ofUNHCR) to assist refugees in Albania forced from theirhomes in Kosovo in informing family membersremaining in Kosovo of their survival. TSF teams useInmarsat satellite phones, which are the size of a laptop,are easy to use, and work anywhere in the world.Over a one-year period, TSF provided over 130,000telephone calls, enabling refugees to renew contactwith family members outside the Balkans, locate missingfamily members, and obtain needed documents.(The TSF website is http://www. tsfi.org).FP113 A Mobile Family Communication System HelpsRe-establish Contact and Mobilises Local CommunitiesThe ICRC established a Family Communication Systemin Kosovo composed of 10 mobile units. Themobile units were equipped with satellite and/ormobile phones and travelled throughout the province.Their arrival in towns and villages was announcedover the local radio. People who knew the telephonenumbers of their relatives were able to call them toinform them of their situation; others filled out traditionalRed Cross message forms; still others registeredtheir names on the ICRC’s Family Links website (see A.Family Unity and Tracing in this chapter). The workwas carried out in cooperation with volunteers fromall the communities visited.FP110 FP111 FP112FP113We saw that for people directlyaffected by disasters, the need forcommunication was almost asvital as food.– President of the NGOTelecoms sans Frontieres,quoted by Veronique Mistiaen inThe GuardianCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH & 109DIGNITY THROUGH HUMANITARIAN ACTION

FP114FP116FP115FP117B. Nutrition/Food Aid & FoodSecurityThe problem was sometimes nota problem of food availability, butof access to the food bycertain groups.– UN relief worker, AfghanistanFP114 Imaginative Use of Relief Food Resources CanMultiply Benefits for Displaced CommunitiesIn Sri Lanka, the WFP provided dry ration food assistanceto IDPs living in camps in government-controlledterritory.In order to maximise the impact of the foodassistance provided, WFP undertook an imaginativeprogram to stimulate economic activity within the IDPcommunity. The bags and containers in which thefood comes were collected and sold, and the moneyused for interest-free loans for small income-generatingprojects.FP115 Coming to a Different Concept of Fair ShareThrough ‘Proportional Piling’In Sudan, the ICRC used proportional piling to determinethe amount of assistance that should beprovided to particular areas. The first step in the systeminvolved an assessment mission (usually of oneweek in duration) to the area with an agronomist,nutritionist, and other specialists as needed. ICRC delegatesthen travelled to the area again to meet withvillage chiefs and other representatives for a day orlonger to discuss a distribution plan. The goal was tofacilitate a discussion where all present came to a distributionagreement based on need, not on equity.Beans were used to represent the food during the exercise.Often, the group began the process by dividingthe beans into equal piles, but after exploring possibledistribution plans thoroughly, realised that certainclans or families among them needed more than othersat that particular time. The meeting was not closeduntil an agreement is reached and signed. The delegatestravelled back at the time of distribution toensure that agreements were kept.FP116 Representation of Women on Relief CommitteesIn 1995, the WFP in Sudan began utilising relief committeescomposed of 55% women to participate indistribution planning. These relief committees wereseen as a vehicle “to get women into the debate” andthe decision was reached to select women to serve aschairpersons. WFP asked the designated chair of therelief committee to determine who was most in need,then asked community representatives if they agreedwith her assessment. The group was asked to come toagreement about who should receive the first distribution,based on need. On distribution days, villagesdivided into groups and the chief was asked to ensurelaw and order during the distribution process. Postdistributionmeetings were held to review whetheranyone fell between the cracks. Importantly, WFPexamined traditional kinship relationships to determinehow they were affecting distribution. Householdfood economy teams used local counterparts to learnabout how households accessed food and to learnmore about vulnerability.FP117 Ensuring the Right to Food, Right to Work andRight to Enjoy Just and Favourable Working Conditionsfor Women and Female Ex-SoldiersThe Food and Agriculture Organization (FAO) inSierra Leone supported women’s food cooperatives toproduce vegetables and provide vehicles to take themto the market. They were conscious of the need to takespecial care not to treat ex-soldiers differently fromother civilians.110

Niger, 1993Women in a cooperative use stonesto build a terrace to prevent soilerosion, in the village of Tshinkaki.© UNICEF 93-1973 ⁄ G. PIROZZICHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION111

FP118 FP119 FP120FP121 FP122 FP123Afghans eat meat, drink milk oryogurt, use wool for carpets anduse leather for all kinds of things.If they lose their animals, theylose their ability to support themselves.People are then renderedmore susceptible to recruitment– but I don’t think the donorsunderstand this one bit.– Livestock Development forFood Security in Afghanistan staffmember, AfghanistanWhen people are self-reliant theywon’t need to go join thewarlords. We found that in areaswhere we had been working forfive years consistently, peopleresisted sending their sons tofight, [but] if you are starving,you have to go and fight.– an Afghan relief workerFP118 Recognising the Link Between Mobilization ofSoldiers and Food SecurityThe Afghan Rural Rehabilitation Programme and theLivestock Development for Food Security Programme(two programmes in P.E.A.C.E. approach; see FP10description in Collaborative Efforts) noted a criticallinkage between food security and the mobilisation ofsoldiers not always perceived by donors and others.The Livestock Programme, the survival of which wasseriously threatened due to lack of funding anddrought during 2000/2001, was vital not only to thelivelihood and sustenance of families but to the abilityof men to resist joining the fighting. Loss of livestockrenders people more susceptible to joining in thefighting out of desperation to support their families.In one village, the local shura (traditional governingcouncil) gave a staff member a list of men who were tobe mobilised. P.E.A.C.E. targeted the area for a microcreditproject for agriculture, enabling the farmers togarner more courage to resist the demand to surrendertheir sons to the militia. They told the militia theyneeded their sons to help farm the land and that theycould not be spared. To their surprise, the militiabacked off.FP119 Livestock and Recovery from War: Success inSomaliaTwo million animals were treated under the ICRC veterinaryprogram in Somalia. Care of their livestock hasenabled the nomads to survive. At the same time,thanks to the concurrent distribution of food aid andseed, lands formerly devastated by war are turninggreen again. Run by the ICRC from 1991 to 1993,astrategy was devised and tested for the subsequenttransfer of these programmes to development agencies.FP120 Finding Ways for People on the Move to ProvideFood for ThemselvesThe National NGO Sudan Production Aid distributedfishing kits to IDPs given poor or no access to agriculturallyproduced goods, and because the kits are‘movable resources’, they enable people on the move tosustain themselves.FP121 Reaching the Marginalized Through the Marginalized‘Widow Bakeries’ in Afghanistan: In Afghanistan, manywomen were denied freedom of movement under theTaliban regime because of edicts issued by the de factoauthorities. In one programme, the WFP hired menand women to conduct surveys in the community. Themen conducted surveys of public places suitable forbakeries. The women, working in groups of four, conductedhouse to house city-wide surveys, enablingWFP to reach women they otherwise would not havebeen able to reach. Many bakeries were established andrun by women, serving primarily female-headed households(a vulnerable segment of the community) andthus became known as ‘widow bakeries’. Unfortunately,these bakeries were at times targeted for closure giventheir high profile and importance to women when thede facto authorities wished to assert their authority.FP122 Advocacy for Access to Land Benefits IDP CommunitiesFew IDPs in Sri Lanka, despite their primarily agriculturalbackgrounds, enjoyed access to garden plots.Space considerations within displaced camps andownership patterns outside have restricted IDPs’ abilityto supplement their livelihoods by growing consumablesor cash crops. CARE’s office in the Wanni regionof Sri Lanka successfully advocated with local authoritiesto allow IDP access to fallow agricultural landswithin walking distance from their settlement. Accessto garden plots both increased income and provided asense of normalcy to IDPs. CARE provided first-yearagricultural inputs to jumpstart the garden initiative.FP123 Focusing on Assistance to Indigenous Peoplewith a ‘Special Dependency on and Attachment toTheir Lands’ Within Displaced CommunitiesIn Colombia, many indigenous families have beenamong the displaced, usually as a result of entire communitiesfleeing violence in ancestral homelands. Even112

efore joining the ranks of the internally displaced,Colombia’s indigenous communities – composingabout 5% of the rural population – were at-risk, andwere experiencing a high degree of poverty with itsattendant problems: an infant mortality rate triple thatof other groups within Colombia and a 60% illiteracyrate.In response to these facts, and recognising thatdisplaced indigenous communities would encounterspecial difficulties integrating within urban or semiurbanareas outside their ancestral homelands, WFPtargeted its assistance to IDPs from indigenous communitiesin Colombia. This assistance began with theprovision of emergency rations of traditional, culturallyappropriate food-stuffs at displacement sites. Insome cases, while returnee communities were reestablishingthemselves, WFP worked to adapt itsnational plan for poverty alleviation for indigenouscommunities (consisting of rural infrastructure construction,rehabilitation of degraded micro-watersheds,and support for income-earning activities, includingcredit access and technical assistance) to displaced/returning communities.FP124 The Use of Wet Kitchens in SomaliaIn Somalia, the ICRC addressed the problem of banditsstealing humanitarian aid by setting up ‘wetkitchens’ that served people prepared porridge directlyrather than through distribution of sacks of food orparcels. Security was provided at the feeding sites.FP125 Discouraging Men from Diverting Food fromWomenBiscuits Most Men Wouldn’t Eat: One NGO facedthe problem of diversion of food from women andchildren by men in a creative way: they stamped thewords ‘Women’s biscuit’ on biscuits. The men didnot take them.FP126 Knowing Food Entitlements Can Help PeopleAssert Their RightsIn Sudan, OXFAM recognized that it was important forpeople to know what their food entitlements are“because they cannot assert their rights if they don’tknow their entitlement.” OXFAM joined a workinggroup to look at the issue of food diversion. Althoughdiversion is viewed by OXFAM as a law and order issue,the organization believes it is responsible to look at thedistribution system so that they can determine wherethe problems are and do what they can to decreasediversion.Addressing the Misuse of Food AidAlthough some humanitarians realised early on thathumanitarian assistance was not always helpful or evenbenign, the misuse by participants in the genocide inRwanda of humanitarian aid in UN border camps (inthen Zaire) brought home to humanitarian organizationsin a dramatic way the potential negative effectsof humanitarian action. Those who had perpetrated thegenocide in Rwanda used aid extorted from legitimaterefugees (many of them women and children) to buyarms and feed militias in order to conduct incursionsinto Rwanda from Zaire with the intent of continuingacts of genocide. They intimidated anyone who stood intheir way, including Hutus who wished to return toRwanda to live in peace with their remaining Tutsineighbours.The theft of food aid by bandits in Somalia andLiberia, the benefits warlords in Bosnia reaped fromhumanitarian assistance and black market activities(and later reconstruction aid) and other examplesdemonstrated to humanitarians the need to take a closelook at the potential negative repercussions of humanitarianaid. Over time, it has become accepted that it isbetter to do nothing than to contribute to the harmbeing done to a civilian population. This is easier saidthan done in terms of practice, however, given theethical dilemmas humanitarian organizations face indeciding when to provide assistance and when todecline to provide it.FP124 FP125 FP126We were not always sure aboutthe least harmful approachto take.– relief worker, AfghanistanCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION113

Rwanda, 1999A girl smiles as she collects water from a water point installed with UNICEFassistance in the town of Nyamata, east of Kigali, the capital.© UNICEF HQ99-0575 ⁄ G. PIROZZI114

C. Water & SanitationFP127FP128FP129FP127 Water, Women and Freedom of AssociationThe NGO AgroAction worked with women inAfghanistan to identify where they wanted to putcommunity wells. This helped avoid the placement ofwells in areas unsuitable to meet the needs of women.Women wanted wells that were strategically placed sothey could gather and talk with one another. Womenin many communities were not permitted to leavetheir homes without a male relative, but since collectingwater was a necessity – and was usually left towomen – the collection of water provided an opportunityto obtain the social support needed in difficulttimes.very old water pipelines under the city to get water toparticular areas. The water project played a key role insummer of 1995 in providing clean water when theexternal water supply to the city was completely cut offby the Bosnian Serb military laying siege to the city.The amount of water a personreceives may not be as relevant tothat person’s needs as theplacement of the water supply…women [are expected to] goand get the water.– relief worker, southern SudanFP128 Sanitation Projects Can Be Used to Further theParticipation of WomenSome 12,000 families were supported to constructfamily sanitary latrines (FSLS) in Afghanistan, supportedby a strong female mobilisation componentthrough home visits utilising female volunteers. Theinitiative was so effective that multiplication of FSLconstruction projects started without any UNICEFfinancial or material support.FP129 Repairing an Urban Water System to PreventShooting of People by SnipersThe IRC,led by American disaster expert Fred Cuny(later killed in Chechnya while on a humanitarianmission) developed a water project in Sarajevo duringthe war in Bosnia and Herzegovina to prevent peoplefrom having to go to the river or stand in long lines forwater from trucks, where they were exposed to sniperand artillery fire. The water project ingeniously usedCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION115

FP130D. Shelter & Site PlanningQuotes from residents of theplanned IDP village in Sri Lanka:“We feel comfortable here – andlooked after.”“We have more open space here –and we have more resistance tocommunicable diseases.”“We are together but we have ourprivacy as well.”“We can have a look at ourchildren while they play while weare at home.”“This is the closest thing tohome.”FP130 Humanitarian Assistance with Protection inMind: The Protection of IDPS in Sri Lanka ThroughSite PlanningAn escalation of hostilities in Sri Lanka in November1999 resulted in the further displacement of many families.Close to 1,000 families were unable to return totheir homes and were in need of shelter. The familieshad a tough choice to make: to go to a Welfare Centrewhere conditions were known to be difficult or to stayunder generally difficult circumstances outside the centres.UNHCR,which has a long history of working withIDPs in Sri Lanka, offered to accommodate IDPsingroups in various locations of their choice. ‘Standardpractice’ would have been to provide the IDPs withconstruction material to allow them to establish a ‘village’as best they could (in any form, shape or design).Past experience had shown, however, that this created ahost of other problems – with some areas not evenhaving the required minimum amount of land for avillage. UNHCR undertook to design various site planswith a focus on protection and respect for human dignity.The factors considered included the following:• PARTICIPATION: All residents participated in thedesign of the sites and were remunerated with asmall reward for the lost time of daily labour – thisensured that all residents felt included and a senseof ownership;• LAND ALLOCATION: As a first step, UNHCRensured that minimum land (30 to 45 sq. metres perperson) was made available before any work began;• OVERALL SITE PLAN: Site plans that were developedhad two distinct sections. Each family wasprovided access to a ‘common area’ and a ‘privatearea’. It was agreed that the common area would bekept clean and could be used by all residents,whereas the private family areas would be exclusivelyused by families for cooking, washing, and asmall vegetable garden;• EMPHASIS ON PRIVACY: Despite the number offamilies housed in relatively small areas, housingwas designed so that front doors did not directlyface one another;• FEELING OF CLOSENESS: Private areas were deliberatelykept close to one another so that familieswere not isolated;• ACCESSIBILITY TO WATER: The wells were situatedin the middle of the villages so that womenwould not have to walk far for water (in order toreduce vulnerability to sexual assault and for generalconvenience) – the wells were situated in openspaces that could be seen by all;• ACCESSIBILITY TO LATRINES: Latrines were alsoplaced nearby, but in locations where they wouldnot contaminate the water source or family huts;• ACCESSIBILITY TO EDUCATION: Care was takento ensure that sites were close to education facilities;• AWARENESS: The sites were designed so that a formof ‘neighbourhood watch’ could occur, where residentswould be able to note unusual movements orproblems;• SENSE OF SECURITY DUE TO PRESENCE OF AIDWORKERS: Regular visits of humanitarian aidworkers provide IDPs with a sense of security andcomfort. The villages were therefore designed sothat when aid workers or others came down the116

oad,or entered the village, everyone could see themfrom their huts;• PROTECTION UNDER THE ‘FLAG’ OF UNHCR:A signboard with ‘UNHCR’written on it in bold lettersdiscouraged outsiders from disturbing residentsof the village;• FREEDOM OF MOVEMENT: Residents of these villagesgenerally enjoyed more freedom of movementthan those living in Welfare Centres;• INCOME GENERATION: In some locations, theadjacent land was cultivated by the residents, providingthem work and extra income.FP131This approach may be used again in the near futureas the Government of Sri Lanka has agreed to help planother such sites to enable people in the Welfare Centresto find relief from the difficult conditions there.FP131 Refugee or IDP Camps Set up on the ‘ClusterPrinciple’ Encourage Social Stability Despite DisplacementDuring the creation of the safe haven in NorthernIraq, camps were set up on a cluster principle insteadof the ‘fire hazard straight line’ system as was commonlyused at the time. This permitted groups ofpeople, generally from the same extended family orclan, to place their tents in groupings of their choice inorder to preserve family and community ties. Theygenerally chose circular groupings.CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION117

FP132FP134FP133E. Health ServicesDiscrimination isn’t just an effect,it’s actually a root cause of thedisease.– Jonathan Mann, leader in thefight against HIV⁄AIDSFP132 Promoting the Right to Health: Youth to Youthon AIDSBefore the civil war in Sierra Leone, the incidence ofHIV/AIDS was relatively low – about 7% according toan official from WHO.Health officials believe that thepercentage rose significantly because of the widespreadabduction and rape of women and girls byrebel troops. Even if these violations were to stop, thespread of AIDS through unsafe sexual practices wouldstill effectively sentence many women to an earlydeath. The Sierra Leone Red Cross developed a programto change sexual practices by spreading themessage in a particularly effective way: from youth toother youth in their communities. Health and educationspecialists teach adolescents selected for theircommunications abilities about reproductive healthand HIV/AIDS and train them to train their peers tomake responsible decisions.FP133 Mobile ‘Health Brigades’ Reach Isolated ReturneeCommunities and Communities at Risk of DisplacementGiven the generally rural nature of the conflict inColombia and problems of insecurity in the countryside,isolated communities often faced two types ofthreats: direct attack or threats from armed groups,and restricted access to markets, health care and otherimportant services because of insecurity. Both types ofthreats entered into the community calculus ofwhether to flee and join the ranks of the displaced, andwhether, after return, to remain in the home area.Mobile health brigades, a project of the ICRC, theColombian Red Cross, and the Colombian Ministry ofHealth, sought to address the issue of access to healthservices in isolated communities. For example, in boththe Caguan River valley in the south of Colombia andalong the Atrato River in the north-west, ICRC ‘healthboats’ navigated the waterways to reach communitiesin regions of conflict. The health boats remained onthe river for weeks at a time, and had served more than11,000 patients by 1999.The availability of these healthservices may support community resolve to remain intheir place of origin.In Sri Lanka, the deterioration of the health infrastructurein conflict zones, the wide dispersion of thedisplaced, and concerns with security and transportationmade it difficult for IDPs to access adequate healthcare. UNICEF and program partners addressed thiscomplex problem in part by supporting mobile healthclinics that travelled to areas where the displaced wereconcentrated to provide basic diagnostic and curativeservices and referrals. The ICRC also supported amobile health brigade run by the Sri Lanka Red CrossSociety to ensure that civilian war victims, residentsand IDPs frequently on the move continued to haveaccess to basic health care. When security conditionsdeteriorated in certain areas, ICRC staff temporarilytook over the running of teams in those places. TheICRC furnished material support to the steadily growingnumber of primary health care centres run by theSri Lanka Red Cross in isolated areas.FP134 Decreasing the Risk of Landmine Injuries toChildren Through Peer Education ProgrammesThe Child to Child (ages 8 to 15 years) and Youth toYouth (15 to 24 years) programmes of the UN MineAction Coordination Centre in Kosovo (MACC) have118

Iraq, 1999Five-year old Zeki Karith, whoweighs only 12.2 kg as a result ofsevere malnutrition, is measuredby health workers in the NutritionRehabilitation Centre of KadumiaPaediatric Hospital in Baghdad,the capital. UNICEF assists the centrewith training for health workers,supplementary food, equipmentand other supplies.© UNICEF HQ99-0575 ⁄G. PIROZZI

FP135FP136widely decreased the incidence of landmine injuries toa group (children) that is most vulnerable to landmine injuries. This was accomplished effectively and atlow cost by training youth to pass along informationabout the danger of landmines to other youth. MACCCentre staff worked with communities and youth toidentify areas where it was safe for children to play andto mark safe routes to school. Ten children from eachschool (50% females and 50% males) were selected aspeer educators and were taught songs, games, androle-playing on mine safety to pass on to others. Aspart of the programme, the peer educators were tomake sure that children stuck to safe play areas androutes. The MACC Centre developed signs to markthese areas.MACC also developed a clever public educationcampaign by distributing T-shirts that say ‘WatchYour Step’ on the outside and ‘Mines are Invisible’on the inside (where no one could see the words).Finally, MACC adapted the sophisticated computerisedGlobal Information System (GIS) to provideinformation on known locations of mines, patternsof injuries inflicted by landmines, victims, mine clearanceactivities and public education. MACC also workedwith UNHCR and other UN agencies and NGOS to mapconditions related to health services, shelter, agriculture,and availability of food and non-food provisions.The system has helped MACC target high-risk areasand prioritise mine clearance.FP135 The Provision of Reproductive Health Kits inEmergency Settings Can Reduce the Effects of HumanRights Violations and Help Ensure the Right to HealthIn Congo/Brazzaville, the Minimum Initial ServicePackage (MISP) was provided to families when thedisplaced population returned after a five-month civilwar to the largely destroyed city of Brazzaville. TheInternational Federation of Red Cross and Red CrescentSocieties teamed up with the US-based NGOInternational Rescue Committee to distribute the kitsand to conduct training for local health staff onHIV/AIDS precautions, family planning, safe delivery,handling sexual violence, and other topics.The MISP “is designed to prevent and manage theconsequences of sexual violence, reduce HIV transmission,prevent excess neonatal and maternal morbidityand mortality [disease and deaths], and plan for theprovision of comprehensive reproductive health services…”1 The MISP should be implemented byappropriately trained staff from the start of the emergencyintervention. Implementation should becoordinated with other agencies and sectors andshould include reporting of cases of sexual violence tohealth services...” MISP kits were initially developedand field-tested by the United Nations PopulationFund. They contain material resources to supplementservices, including essential drugs, supplies, basic surgicalequipment; guidelines, manuals and importantly,human resources in the form of a reproductive healthcoordinator.FP136 Mental Health Service Issues May Help KeepCommunications Lines Open Between Divided CommunitiesIn the divided city of Mitrovica in Kosovo, Albanianand Serb communities lived on opposite sides of thetown,mental health proved to be one of the first subjectsboth communities agreed to talk about. Internationalhealth NGOS joined WHO in setting up a seriesof mental health coordination meetings for the Mitrovicaregion to discuss the future organization ofmental health services in Kosovo and the principles ofcommunity-based care, and the planning of mentalhealth seminars that would include speakers from thetwo communities. The meetings did not always runsmoothly; sometimes the political situation preventedone or the other of the parties from attending; sometimesthe needed military protection for one group to1 The Sphere Project Humanitarian Charter and Minimum Standardsin Disaster Response (Geneva: The Sphere Project) p. 253.Available from The Sphere Project, P.O. Box 272, 17 Chemin deCrêts, CH-1211 Geneva 19,Switzerland. The website ishttp://www.sphereproject.org.120

cross the river dividing the town was not forthcoming.Still, the initiative was a successful and valuable firststep to better communications across the communitiesconcerning mental health. The initiative led tocross-community training in child psychiatry, a disciplinethat has received little attention in Kosovo, andto plans to allow a day care centre for children of bothcommunities affected by psychiatric and psychologicaldisorders to be set up in the town. It is important tonote that subsequent developments made it difficult tocontinue these efforts, but at the very least contact hadbeen initiated between groups with common goals.FP137 New Freedoms Exist in Post-Conflict Situations,but Old Problems Haunt; Discussions Within CommunitiesMay Reveal Need for New Approaches to theProblem of Violence in a SocietyVery soon after the return of the ethnic Albanian populationto Kosovo, local and international NGOSworking with WHO began to develop a framework inwhich women and men could explore the effects of theviolence in individuals and society and begin identifyingthose support and services crucial to helpingpeople cope. A series of group discussions conductedseparately with randomly selected women and men(not patients evidently suffering from the effects ofviolence) were held. Facilitators used a series of questionsthat drew out the participants’ perceptions ofsocial change since the crisis regarding gender roles,definitions of health (particularly mental and reproductivehealth), forms of violence and the methodsand services available to help people cope with warrelatedand domestic violence. The groups shared thebelief that although the war was over, violence persistedthroughout society in a variety of ways. Localhealth worker facilitators, trained by Mercy CorpsInternational, led the focus groups, a move that helpedempower local professionals to act on their findings.The report from the focus group discussions served toidentify needed health and social services, includingcounselling and the specific needs of women, andbecame the basis of a multi-sectoral workshop on violenceprevention. WHO continued to support the worktechnically and financially, but the local professionalswere the driving force behind the project.FP138 Easing the Pain of Unwanted Pregnancy in Conflictor Post-Conflict ZonesUnwanted pregnancies occur in every society. Howwomen and their families deal with the situationdepends partly on what choices they have and the supportthey receive for any decisions they might make. InKosovo, as in other societies where pregnancies may bethe consequence of rape during conflict, the fact that abirth is unwanted often comes to the attention ofmedical and social services only after the child is born.UNICEF and the WHO conducted a trainers workshopfor nurses to assist health workers in offering appropriatepsychological support and counselling at suchtimes and to increase their capacity to identify thosewomen troubled by their pregnancy for whatever reason.The course covered issues such as the detection ofwarning signs, grief and loss, simple baby care (whichunwilling mothers often find almost impossible to dowithout help), domestic and sexual violence, rights toprivacy and confidentiality, ethics, and interviewingand communication skills.FP139 School Children Can Take the Lead on IssuesThat Threaten Health and Can Act as a Powerful Forceto Show City Authorities That They Must Do MoreThe children of Pristina, Kosovo’s capital city, decidedto tackle the city’s waste problem. Children from 26primary and secondary schools decided to take thecapital’s waste problems into their own hands in acity-wide school clean-up intended to spur the city’sadministration to sort out the municipal rubbish collectionwhich had totally collapsed during the crisis.Classes brought out brooms, bags, gloves, shovels andgood spirits to clean up their school premises and thesurrounding areas in the ‘Youth and Clean EnvironmentCampaign’ orchestrated by the KosovaIndependent Trade Union of Elementary and SecondarySchools and supported by WHO and BritishFP137FP138FP139CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION121

FP140FP143FP141FP142KFOR.The Campaign was based on a simple premise:to get out and clean up the rubbish that was in andaround school premises, then keep it clean with regularwaste patrols by ‘Waste Champions’. Teachers alsofocused classes on environmental issues and theirhealth effects and pupils were encouraged to draw,paint and write stories on the theme ‘We want ourtown to be clean!’Mrs. Mejrme Shema, a teacher at Shtatë ShatatoriSchool who was the driving force in the campaign,said “Our action for a clean environment will send amessage for the citizens to keep our town clean and forother officials to take the initiative not only to clean upthe city but to plant grass and flowers and create someparks.” The WHO environmental advisor, who puttogether a patchwork of donors to help re-establishlocal waste contractors, said the campaign wouldboost efforts to solve the two key problems hamperinggood waste collection.FP140 Ensuring Access to Health Care for IDPS ExperiencingDiscriminationAt the Konjic displacement camp in Podgorica, Montenegro,camp clinics were established by Intersos, anNGO.Although the Montenegrin government was initiallyreluctant to have separate camp clinics in light ofthe policy to integrate all refugees and IDPs into thecommunity health care clinics, in this case, it agreed toallow the clinics because it was demonstrated that displacedpersons of Roma ethnicity were experiencingdiscrimination. Roma clearly did not have equal accessto care compared to other ethnic groups. The clinicswere staffed by personnel from local institutions whoprovided daily consultation, treatment and referral ingeneral practice and paediatrics. A pharmacist andepidemiologist/hygienist were also present. The clinicsserved some 3,600 Roma IDPs and around 600 Bosnianrefugees.FP141 Ensuring Isolated Populations Are Not Cutoff from Medical Supplies in a Zone of Violence: Shepherdingof Medical Supplies to Palestinian Self-RuleAreasThe physical accompaniment of medical supplies totheir destination may require that medical coordinatorsbecome shipping and transport agents as well. Inthe case of the Palestinian Self-Rule Areas, the WHOspecial coordinator spent many hours physically onthe receiving dock getting medical emergency kitscleared through security and customs, and then transportingthem in WHO vehicles through road blocks tocut-off communities. The physical presence of WHOmedical officers not only ensured the supplies reachedthe Palestinian communities in need, but offered powerfulreassurance to the Israeli authorities that thegoods were truly humanitarian.FP142 The Desegregation of Data Allows Analysis ofAccess to Health Care from a Gender PerspectiveThe collection of data desegregated on the basis ofgender (collection of separate health information forwomen and men) helped WHO ensure that health conditionsmost suffered by women are understood andaddressed in Afghanistan. This has been importantbecause many of the health problems and needs ofwomen in Afghanistan were not obvious from thecountry’s normal published data and therefore gaps inservice were not highlighted.FP143 Conscious Efforts Must Be Made to ReachWomen in Indigenous CommunitiesIn Mexico/Chiapas, the ICRC organised trainingcourses for traditional midwives to ensure that allwomen, especially in indigenous communities,received adequate prenatal care.122

F. EducationFP144FP145FP146FP144 Creative Application of National StandardsCan Direct Resources to the Internally DisplacedMany IDPs in Sri Lanka were displaced to remoteand/or marginally secure regions of the country, makingthe recruitment of teachers to overcrowdedschools in those regions a difficult process. The Ministryof Education, which administers the nationalteacher qualifying exam and manages teacher transfers,waived the teacher exam qualifying score forthose applicants willing to teach in schools with largenumbers of IDP students. Applicants scoring justbeneath the normal qualifying mark were accepted asteachers, provided they agreed to work in these hardshipposts for a specified period, thereby expandingeducational opportunities for displaced children.The Ministry also took steps to encourage volunteerteachers to work with IDP children. A number ofinternational and Sri Lankan organizations institutedvolunteer teacher programmes, sometimes recruitingamong IDPs themselves, to fill gaps in teacher rostersin overcrowded schools. Although these volunteerprogrammes were useful, they were plagued with highturnover, since volunteers received neither pay norofficial standing as educators. The Ministry helped byawarding bonus points to any volunteer teacher whosubsequently applied for a regular teaching job,increasing the chances that volunteers would gain fulltimeemployment as teachers.FP145 Giving Local Population Opportunities withInternational Organizations May Provide an Incentivefor the Community to Place Children in SchoolThe local population in Wau, Sudan, lived in a warstrickencountry for many years. It had not goneunnoticed by the local community that internationaland local NGOS in Wau have hired educated people.This provided an incentive for children to go toschool. Through these campaigns, community leadersrealised they had lost everything, and that the bestfuture for their children was to have an education sothey might have some skills and perhaps an opportunityto work in the future.FP146 Floating Classrooms in Cambodia Move withthe People During the Rainy Season and Are an Agentfor ReconciliationThe Cambodian government, in cooperation withUNICEF, established a core group of ‘cluster schools’ inseven rural areas – schools that serve a population thatis forced to move each year because of heavy seasonalrains. The cluster schools were houseboats that couldbe temporarily moored and moved easily. The clusterschools proved so popular that many villages demandedtheir own, and by 1999 there were over 600 suchschools in the country. The major objective of theclusters was to redress imbalances in school quality bysharing resources, administrators and teachers toimprove weaker schools without diminishing the workof stronger ones. Enrolment rates at these schools werehigher than at other schools. In one village, parentstravelled for more than two days to insist to a governmentoffice that they come to the village to discuss theneed for a cluster school. When the officials came afew months later, they learned that the parents hadalready initiated a parent-teacher association – despitethe fact that all the parents were illiterate. There hasWhen people have access to food– the next thing they want iseducation.– Afghan relief workerCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION123

FP147 FP148 FP149FP150Protection is when I am allowedto go freely to school or to workwithout someone asking me‘Why are you going there?’– a female Afghan reliefstaff memberbeen an important side benefit to the floating schools:given the genocide that took place in Cambodia andthe resultant psychological suffering of survivors, ithas been difficult for people to trust their neighbours.A Cambodian UNICEF officer noted, “Since 1979 peopledo not talk freely to each other, or share thingswith each other. The cluster’s concept of sharingresources, materials and ideas between schools and villagescan only help. We look at the school as an agentof change in the community. It is one mechanism wecan use to build harmony in society; a willingness toshare and develop together.”FP147 ‘Child Friendly Spaces’ Can Provide Support toFamilies and Create a Safe Place for ReconciliationThe ‘Child Friendly Spaces’ initiative (operated by theChristian Children’s Fund with UNICEF support)began in East Timor with a centre in Comoro, a suburbof Dili. Nine Timorese staff members providedservices and care to more than 800 children aged threeto eight years old and their parents in the ComoroCentre. Services included health care for mothers andchildren (with special emphasis on expectant mothers),age-appropriate educational and recreationalactivities for children and adolescents, and a light mealfor pre-school aged children. Child Friendly Spaces,however, provided another important service – theybecame an ideal place to carry out activities promotingpeace, tolerance and reconciliation. Parents fromdifferent backgrounds met together with the interestof their children as common ground. Community theatre,art, and music brought people together toencourage expression. Training seminars on childrights and early childhood united parents further.FP148 Advocating for the Displaced Child’s Right toEducationDisplaced and returnee children attempting to reenterschool in environments where crowded facilitiesand teacher shortages are the norm can face significantbarriers to enrolment. The cost of school uniformsand other materials, registration or documentationissues, malnourishment, issues of stigmatisation ofdisplaced children, and resistance by local communitiesthat already face shortages lessen the likelihoodthat displaced children will be permitted to continuetheir education. UNICEF and program partners in SriLanka advocated vigorously and designed programinterventions to break down barriers to education fordisplaced children. For example, advocacy efforts ledto the issuance by the Sri Lankan Ministry of Educationof a national circular aimed at lifting registrationbarriers, and UNICEF financially supported trainingfor teachers regarding the special needs of childrenwho had lost several years of education during theirdisplacement.FP149 Mobile Education Facilities May Provide anOpportunity for the Children of Nomadic Peoples toAttend SchoolIn El-Obied, Sudan, a community initiative ‘NomadicSchools’ (also called ‘Nomadic Education’) providededucation for children of nomads by training mobileteachers who stayed with the nomads. Educationalmaterials and other supplies (foldable tables andchairs, a tent, solar lamp, etc.) were provided. Participationof the nomadic community in this programmewas high: the community supported the teacher withone head of cattle and 10 sheep. Teachers agreed toserve for four years and during that period, the communityagreed to provide housing, meals, milk andsome cash. Such programmes could be very useful foraddressing educational needs during displacement.FP150 Offering Educational Opportunities to LocalSchoolchildren Through a Child Soldier ReintegrationProgramme Can Help Open the Door to Acceptanceand Reduce Resentment Over ‘Special Treatment’Schooling was part of the interim care centre routinefor recently demobilised child soldiers in Sierra Leone.Some reintegration centre schools were opened up tothe local community, a process enabling former childsoldiers to become re-aquainted with other children inthe community. This initiative helped eliminate the124

Pakistan, 1992In the middle of a large boulevard in the eastern city of Lahore, an olderman holds informal classes for a group of neighbourhood children, whilealso tending his nearby store.© UNICEF HQ92-0961 ⁄ J. ISAACCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH & 125DIGNITY THROUGH HUMANITARIAN ACTION

FP151appearance of discrimination in favour of the formersoldiers (education, even at the primary level, is tooexpensive for many families in Sierra Leone). The provisionof education only to child soldiers in a particularcommunity would in fact be discriminatory (representinga violation of several human rights laws,including the Convention on the Rights of the Child,which the Lomé Peace Agreement specifically recognized)and might interfere with the community’sreception of former child soldiers.FP151 Linking Non-Emergency Assistance to ProgrammesThat Fulfill Human RightsAs in many developing countries, even primary educationin Sierra Leone is not universal. Parents oftenallocate their limited resources toward educating sonsrather than daughters. Although this discriminationwas not a product of Sierra Leone’s civil war, helpinggirls achieve realisation of their rights to food, educationand equality for women could help diminish thelikelihood of future poverty-based strife there. WFPran a program in Sierra Leone that simultaneously andeffectively addressed these rights. WFP agreed todeliver food to schools – but only if at least 30% of thestudents were girls, a figure well above the 12% in thecountryside. Parents sent their daughters so theywould have something to eat and both boys and girlseagerly attended school because of interest in the foodand education. The food for schools programme wasso popular that many children brought their ownbenches and travelled long distances to go to school.Later, children asked their parents to participate in afood-for-work program that focused on the buildingof schools and roads to the schools. The programmehas faced challenges, however. Parents sometimeswith-drew children because the school feeding programmein a particular place had ended, leading toquestions about sustainability.126

G. Income GenerationFP152FP153FP154FP155FP152 Creating Employment Opportunities for IDPSCan Address Immediate Needs for Local CommunitiesIn many parts of Sri Lanka, UNHCR implementedmicro-projects to provide employment opportunitiesfor the displaced, often in partnership with NGOS likeCARE.These activities could be linked with other programmesseeking to stabilise conditions to preventdisplacement or assisting in early return. For example,many micro-projects involved the restoration or rehabilitationof the many irrigation tanks that dot the SriLankan landscape, work that could contribute tofuture agricultural productivity. Micro-projects providea way to remain in close contact with the localpopulation and to develop participatory programmesthat improve prospects for a sustainable return.FP153 Micro-Credit Programmes Can Be Extended tothe Displaced CommunityCARE,with UNHCR funding, designed small-scaleloan programmes for IDPs in Sri Lanka’s Wanni regionto encourage economic activity. Despite great poverty,limited familiarity by IDPs with the local economy,and multiple displacements, CARE reported a highrate of loan repayment. The loan program was structuredto favour single heads-of-household, especiallywar widows. Many women-headed households startedsmall businesses such as selling food on the street,making soap, etc. These activities provided a sourceof income for families who did not have any means ofsupport and contributed indirectly to stability byenabling families to send children to school.FP154 Careful Targeting of Economic Sectors CanImprove IDP Incomes and Stimulate ReconstructionFishing is a major economic activity in Sri Lanka, aswell as an important source of protein in the diet ofmost citizens. Large-scale population movement,destruction of equipment including nets and boats,ongoing security concerns in coastal regions, and disruptionof markets all contributed to a reduced catch,however. This resulted in declining access to nutritiousseafood, especially for internally displaced persons.International organizations working with IDPs in SriLanka, based on careful analysis of important businesssectors, have supported a number of activities to stimulatefishing. The UN Development Programme, forexample, began constructing markets in coastal areasof the Jaffna Peninsula as part of its reconstructionprogram.FP155 Small Projects to Grow Food and GenerateIncome Can Have a Large Cumulative Effect on theLives of IDPSAfter 30 years of conflict in Guatemala, an estimated1.5 million IDPs faced special constraints on their rightto earn a decent living. To respond to the need for adecent standard of living that would provide futurestability as well, the International Organization forMigration (IOM), over a period of five years, initiatedmore than 1,000 small projects that benefited an estimated20,000 IDPs. The projects included:• the purchase of agricultural land;• the promotion of projects that would make productsmore useful;Economic stability improvesprotection.– Afghan relief workerCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION127

FP156FP157• technical assistance to participants in credit programmes;• the promotion of soil conservation and forest development.FP156 A Database of the Specific Needs of IndividualDemobilised Soldiers to Promote Peace and DiscourageRemobilizationThe UNHCR office in Sierra Leone initiated a databaseproject profiling every demobilised person, includingtraining and education needs to enable demobilisedsoldiers to seek employment. Each demobilised soldierreceives an identity card that will link with benefits.FP157 Unity of Effort to Reach Groups with SpecialProtection NeedsIn Burundi, the ICRC, in collaboration with 20 associationsrepresenting vulnerable people (street children,single women, former detainees, etc.) began planningin 2001 a project to provide material support for suitableincome-generating projects (i.e., sewingmaterials, farming and carpentry tools).128

H. Identification & DocumentationFP158FP159FP160FP158 ‘Registration Brigades’ Can Help GuaranteeIDPS the Right to a Legal IdentityAs in many environments of large-scale displacement,Colombians forced to flee their homes often encounteredproblems with identification documents.Documents were lost, children were born in circumstanceswhere registration is difficult or, in some cases,fear of being recognized by persecutors drove displacedindividuals to destroy their identity cards. Theloss of identity cards meant one could not work orobtain public services.A cooperative program between UNICEF andColombian government agencies, supported by ECHO,organised one-stop registration campaigns that madeit easier for IDPs to regain identity documents. Materialsdeveloped by these registration brigades werewritten clearly, in simple language, and widely distributedto encourage participation. Multiple sites wereselected for visits by the registration brigades, to overcometransportation difficulties faced by displacedfamilies. And, of special note, registration programmeswere targeted at border areas – like theColombian-Ecuadorian border region – where temporarydisplacement across national boundaries mayconfuse registration requirements. During one registrationcampaign, dozens of registration sites wereopened in border areas and individuals carrying eitherColombian or Ecuadorian citizenship were eligible toparticipate at any centre, on either side of the frontier.FP159 Assisting Refugees, IDPS and Stateless PersonsWithout Travel Documents in Reaching a Place ofSafetyThe ICRC Travel Document is intended for the use ofinternally displaced, stateless persons and refugeeswho have no valid identity papers and cannot returnto their country of origin or of habitual residence ortravel to a country of their choice when such travel isnecessary generally for the purpose of permanentresettlement. It is issued on the basis of statementsmade by the applicant or any document, which he/sheis able to produce (identity card, driving licence, etc.).The document is neither a passport nor an identitycard. Its issuance neither establishes nor alters the statusor nationality of its holder and only the ICRC mayissue it. UNHCR also issues travel documents forrefugees without identity documents.FP160 Inventive Approaches Can Assist IDPS WithImportant Documents (Helping to Ensure the Right toRecognition Before the Law)The loss of important documents can be one of themost damaging results of displacement. Without abirth certificate, identity document, school registrationform or other important papers, IDPs may facediscrimination, loss of citizenship rights, suspicion,limited employment opportunities, loss of inheritanceor other consequences. In Sri Lanka, after studies indicatedmany children were without birth certificates,Save the Children Fund (SCF) undertook a creativeremedy. SCF advocated with government authoritiesfor the deployment of mobile registrationCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION129

FP161clinics to IDP centres. These mobile clinics areintended to provide IDP children with at least basicidentity documents on which school registration andother important activities are based.FP161 Government Initiatives Can Open EducationalOpportunities for More Displaced ChildrenSchool admissions, even for primary school, are carefullyregulated in Sri Lanka through residencyrequirements and requirements for documentation.Many internally displaced children, especially thosewho endured multiple displacements or who had toflee quickly without important papers, subsequentlyfaced barriers to school enrolment either during displacementor upon return to their homes. Recognisingthis widespread problem, the Government of SriLanka issued a nation-wide circular easing administrativerequirements for admission. Although notimplemented perfectly, the government initiative createdan enabling environment for efforts to enroldisplaced children in school.130

Macedonia, 1999An identification card shows the four children of Fikrije and RexshepShala, Kosovar refugees recently arrived in Macedonia and now livingin the Radusa refugee camp, run by the Macedonian government.© UNICEF HQ99-0011 ⁄ M. BRANDTCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION131

FP162FP163I. Preventing & Respondingto Threats to LifeArbitrary or Summary Execution,Disappearances, Indiscriminate AttackTo speak of the importance ofPeace Brigades Internationalpresence in the region over thelast five years is to speak of thepossibility of life itself… attacksand threats have come up againstthe solid wall which PeaceBrigades International hasbecome in the region. The deathsentences against each and everyone of us have not been carriedout, only because we are notalone, because we have PeaceBrigade International’saccompaniment andunconditional defence.– Francisco Campo, RegionalCorporation for the Defence ofHuman Rights (CREDHOS)FP162 ‘Accompaniment’ Can Prevent Assassinationsand DisappearancesAccompaniment refers to a strategy where foreignersand others provide unarmed, protective presence tothose under threat. At times, accompaniment involvesa round-the-clock effort for lengthy periods of time.PBI has the explicit mission to provide protectiveinternational accompaniment for individuals andorganizations who have been threatened by politicalviolence or who are otherwise at risk. PBI worksclosely with local human rights or political activists,but refrains from advising them on how to conducttheir activities. Accompaniment, as described by PBI,can involve many activities, including providing 24-hour escort, being present at community events,holding vigils, and so on. PBI’s volunteer staff membersare trained in non-violence and all are committedto political neutrality during their service. PBI has anumber of sister organizations around the world. PBIhas used the strategy of accompaniment in Guatemala,El Salvador, Sri Lanka, Colombia, Haiti, North America,and elsewhere. PBI has also participated in jointprojects with other NGOS in the Balkans and in Chiapas,Mexico.PBI has maintained a significant field presence inColombia (39 expatriates and seven local staff) for sixyears. The primary focus, following PBI’s mandate, isto advocate for the inclusion of protection for humanrights defenders and IDPs in the agenda of organizations,both governmental and non-governmental. PBIprovided services to more than 25 NGOS and IDPorganizations in at least seven regions of Colombia. Inthe year 2000 alone, PBI held over 500 meetings withgovernment ministries and the Vice-Presidency, highofficials of security forces, and the diplomatic corps.PBI worked closely with UN agencies and with anextensive network of international and national NGOS.Discussions got underway in 2001 for a Memorandumof Understanding between PBI and UNHCR to encouragecollaboration between representatives of the twoorganizations in the field. PBI set up an Early Warning/Action/ReactionSystem (EWARS) in order to setinto motion advocacy action aimed at mobilisingpolitical action by the authorities in case accompaniedIDPs came under threat. The EWARS was based onfield presence (early warning by being on the spot),codification of the early warning (the operative ‘translation’of this warning into identification of a specificrisk in concrete, easy-to-understand and transmittableterms), and the activation of formal and informal networks(in coordination with local NGOS and IDPorganizations). The focus of EWARS is to ensure thatconcrete results are achieved by measurable stepstaken by national and foreign governments, UN bodiesand others for IDPs at risk.FP163 A Complementary, Integrated Approach toAdvocacy Combined with International Presence MayPrevent Political KillingsIn October 1999, there were several threats by paramilitariesin Colombia to enter returnee communitiesin Urabá to kill all the civilians the paramilitaryregarded as ‘guerrilla supporters’. These threats wereanalysed by considering a similar scenario that hadoccurred several months before when paramilitarieshad entered some communities and killed several per-132

sons and by reviewing the situation in the field asreported by IDPs, local NGOS and PBI observers. Theconclusion was reached that there was measurable riskof a new attack. PBI,together with IDP organizationsand local and international NGOS, set up a preventiveplan that included extensive presence in the field;advocacy meetings with government officials andsecurity forces, diplomats and UN representatives;contact with international NGOS outside the countryand governments closely following events in Colombia.Several dozen meetings were held within a shortperiod of time, and among other preliminary results ajoint delegation of the diplomatic corps visited theaffected area and some of the IDP communities.Whatever the plans of the paramilitaries, no attacktook place. It was believed that a strong message wassent that there would be a high political price to pay ifthe IDP communities were attacked at that time. LuisEnrique Eguren, who set up PBI’s programmes inColombia, states that while there have been manyattacks on IDP communities, “In most or all the cases,the international presence is a factor which enters intothe political calculations of costs by the attackers.”Forced disappearances occurboth during armed conflict andin peacetime. Within the humanrights community, the term ‘todisappear someone’ means toarrest and hold someone indetention or prison secretly,and/or to secretly kill them.Peace Brigades Internationalbelieves that it would beextremely beneficial for otherinternational organizations tobecome involved inaccompaniment work inColombia as the demand for theservice highly exceeds thecapacity of two or threeinternational NGOS.CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION133

FP164J. Preventing & Respondingto Torture and MutilationFP164 Humanitarian Health Organizations Can ProvideCritical Information on the Nature and Frequencyof Violations Relating to Health, Leading to PublicDemands for International Responses to End Violenceand Pursue JusticeThroughout 1998, the staff of MSF (Netherlands)based in Freetown, Sierra Leone, chronicled hundredsof cases of mutilation by amputation of hands, arms,lips, legs and other body parts by rebel forces. Ratherthan address the issue as a medical crisis alone, theyensured that the data was made available to the UNhuman rights bodies as well as to the world’s media.The information provided by MSF played a centralrole in the decision to establish a UN human rightsteam in Sierra Leone and helped enormously in generatingthe will of the international community to takeaction to address the situation.134

K. Preventing & Respondingto Sexual ViolenceFP165FP166FP165 Programmes That Assist Survivors of SexualViolence Can Promote Public Awareness of the Problemand Break Down StereotypesThe Forum for African Women Educationalists(FAWE), a pan-African NGO,ran a programme for survivorsof sexual assault of both women and men. Theprovision of services to males who have suffered sexualassault is important (just as with women who haveexperienced sexual assault) because revealing orreporting sexual violence may carry a social stigma.Sexual violence toward men is much more common –especially during armed conflict and periods of governmentoppression – than many people are aware.The FAWE programme provided counselling and areintegration programme (education and vocationaltraining), and sought to sensitise the public about sexualassault, explaining how important it is thatsurvivors be accepted back into the society.FP166 Taking Practical Measures to Protect Womenand Girls from Attack in Camp SettingsIn a study conducted in Tanzania in 1995, the Women’sCommission on Refugee Women and Children foundthat refugee women from Rwanda and Burundi facedthe same problems that Somali refugee women hadfaced in camps along the Kenyan border two years earlier:women were being sexually assaulted whencollecting wood and water. An NGO worker told theCommission that such attacks were so common theywere even expected. And as was the case in Kenya,attacks were often being committed by governmentsoldiers/security forces who were not well supervisedand did not receive clear directives from superiorsregarding their duties. Alcohol abuse and personalgain from robbery was often involved. Very youngwomen were often the target of attacks given the perpetrators’desire to avoid getting HIV⁄AIDS.The initialresponse to attacks upon women was often to set uppsychological support programmes for survivorsrather than to focus on prevention. Over time, however,more action was taken to prevent assaults, and toaddress other issues that affected women in camp settingssuch as domestic violence. In 1999, the Women’sCommission returned to evaluate Sexual and Gender-Based Violence Programmes, but again found manydifficulties. Despite many shortcomings in theapproach to the problem of violence against women inthe camps, however, there were a number of positiveinitiatives – and the previous visits of the Women’sCommission seemed to have spurred some action. Initiativesincluded the following:• UNHCR staff in the Mukgwa camp in the Kigomaregion of Tanzania took action to decrease attacksupon women through practical measures as cuttingthe grass on a route which women frequently travelled,providing women with torches, educatingwomen to walk in groups, and assisting communitiesin setting up ‘neighbourhood watches’. Theorganization also developed an information campaignto inform women about ways they couldprotect themselves, resulting in an improved securitysituation. Precautions were also taken to ensurethat latrines were placed in safer areas. There was aneffort to bring community-based service workersand protection officers together to discuss protectionstrategies, emphasising the UNHCR Guidelineson the Protection of Refugee Women and Girls.UNHCR’s Guidelines on theProtection of Refugee Women(1991) and the publication SexualViolence Against Women,Guidelines on Prevention &Response suggest valuable,practical approaches to theprotection of women, such as:• The installation of lights indangerous areas;• The strategic location ofhygiene, water, garbage andother facilities to prevent theneed to walk in unprotectedareas;• The placement of fences orbarbed wire (in some remotecamps, even thorn bushes havebeen used with success to keepout intruders);• Implementation of securitymeasures such as night patrolsby security personnel;• The location of sleeping quartersin protected areas whichcan be locked;• Separation of unrelated familiesin sleeping and communalspaces;• Special accommodations forunmarried or single womenheads of households;• Full consultation with womenat risk when developing protectionplans;• Emphasis on hiring and placingof female staff and interpreters;• Training of field personnel.CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION135

• ‘Drop-in Centres’ had been created as part of theInternational Rescue Committee’s Sexual and Gender-BasedViolence Programme (SGBV) in four areacamps at health facilities, and some of the staff hadtaken it upon themselves to provide safe houses forwomen in danger (although the Commission feltthis dangerous for the staff, UNHCR did not wishto set up actual Crisis Centres, arguing that theywere unsuitable in emergency situations). AlthoughUNHCR initially did not place emphasis on programmesfocused on gender-based violence, theorganization did later reinforce protection staff.The Commission found that the SGBV programmeraised awareness about the problem as a humanrights issue and about how to report violence; builtstrong community participation and empoweredwomen within the community in a culturally sensitiveway; developed support within the malepopulation for the programme; convinced morewomen to take legal action; was universallyregarded as helpful by survivors of SGBV and theirfamilies; encouraged the development of complementaryprogrammes; and increased the awarenessof Tanzanian authorities about SGBV. 1• In Kenya, UNIFEM’s African Women in Crisis NGOdeveloped a training module for Kenyan militaryunits in an effort to stem abuses and encouraged theplacement of a police post near the camps. UNHCRalso established a programme to plant ‘live’ fencesto discourage incursions into the camp area, andinvolved the women in developing responses. Thenumber of reported rapes dropped significantly as aresult of these programmes (nearly 50 per cent),although it is unclear how many rapes wentunreported. Young girls continued to be the primaryrape victims, however, and impunity for perpetratorscontinued to undermine protection.• In another project, CARE employed environmentalliaison officers to patrol the areas where women collectedfirewood and arranged for the community tocollect firewood in groups.1 See Women’s Commission for Refugee Women and Children,‘Refugee Women in Mozambique’, Delegation Visit to Rwandanand Burundian Refugee Camps report, May 27-June 1995. Seealso Sylvia Gurrola, ‘Evaluation of the Sexual and Gender-BasedViolence Program, Kibondo, Tanzania, Final Report’, Women’sCommission for Refugee Women and Children and the InternationalRescue Committee, 5 April 1999.136

Bangladesh, 1994In 1994, a woman passerby isattacked by angry men in Dhaka,the capital.© UNICEF HQ94-1533 ⁄ S. SALIMCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH & 137DIGNITY THROUGH HUMANITARIAN ACTION

FP167FP169FP168FP170L. Preventing & Respondingto Forced Recruitment,Trafficking, Abduction &SlaveryFP167 The Creation of Inter-Agency Prisoner ReleaseCommittee Creates a Protection AllianceThe Lomé Peace Agreement provided for the release ofall abductees in Sierra Leone. Estimates were that thenumber of abductees ran into the thousands, the vastmajority of them women and children. It was clearfrom the outset that the formal peace agreement wasonly a tentative small step toward addressing the problemof abductions in Sierra Leone. Intensive localadvocacy work would be required to ensure actualreleases from camps all over the country, and a widerange of humanitarian services was needed to meetthe needs of returning abductees for shelter, food,counselling and tracing services. In an attempt toaddress these issues in an integrated and comprehensivemanner, the humanitarian community, togetherwith the human rights and military components of theUN mission, created the Prisoner Release Committee.The Committee sought to raise the profile of protectionby focusing attention on protection problems andacting as a catalyst in resolving them through an integrated(multi-disciplinary and multi-organizational)approach. In one innovative and successful endeavour,the Committee fielded an integrated release negotiationteam composed of humanitarian workers, UNhuman rights officers and UNICEF representatives, thatsuccessfully negotiated the release of children fromcamps in central and eastern Sierra Leone.FP168 The Creation of a Government and Inter-TribalCommittee to Address Abductions and SlaveryIn Sudan, the government, with the support ofUNICEF and Save the Children, agreed to establish theCommittee for the Eradication of Abduction of Womenand Children.The Committee functions under theMinistry of Justice and, importantly, includes a Dinkagroup that has worked for years on the problem ofabductions and slavery (the Dinka people have oftenbeen targeted). The Committee, chaired by a memberof the Dinka tribe, works with tribal committees froma number of different tribes at the village level. Localpeople are trained in the tracing, retrieval and reunificationof abductees.FP169 A Joint Programme Against Trafficking in Personsfor the Purpose of Forced Prostitution HelpsWomen Return Home SafelyThrough a programme initiated in 1999 by the InternationalOrganization for Migration (IOM), theUnited Nations Mission in Bosnia and Herzegovina(UNMIBH) and the office of the High Commissioneron Human Rights (OHCHR)developed a system ofassistance to victims of trafficking in Bosnia andHerzegovina. In cooperation with the InternationalPolice Task Force, OHCHR and IOM assisted in therepatriation of trafficked women. The programme hasprovided essential protection for persons in need, andalso served to raise awareness on the issue of trafficking.FP170 Creating Reception Networks to Ensure ThatTrafficked Women Can Return Home SafelyIn 1998, La Strada, an anti-trafficking NGO in Ukraine,created a programme to meet women returning hometo Ukraine after suffering debt bondage and slaverylikeconditions abroad. La Strada’s leaders negotiatedan agreement with the Ministry of the Interior allow-138

ing activists to pass behind passport control and customsto meet the women and escort them safelythrough the airport (returning women risked beingmet by their traffickers in the arrival hall at the KievBorispol Airport). To avoid this danger and the threatof harassment by border control agents often suspiciousof the women’s irregular travel documents, LaStrada sent advocates to meet women as they disembarkedfrom their aircraft. The advocates thenaccompanied the women through passport controland customs, sneaking them out a back door, thus successfullyeluding traffickers and agents waiting forthem in the arrival area.campaigns targeted to reach potential victims and thegeneral public – as well as potential sexual partners oftrafficked women. Support to governments in the developmentof new legislation to fight against traffickinghas been provided and IOM has sponsored a number ofmeetings among affected countries. IOM has committeditself to closer cooperation with NGOS and regionalorganizations working in counter-trafficking and hascommissioned studies on best practices.FP171FP171 The Creation of a Counter-Trafficking FocalPoint in Missions to Combat Trafficking and Act as aCatalyst for Inter-Agency CooperationThe IOM has appointed a Counter-Trafficking FocalPoint for every mission to facilitate implementationand coordination of activities.In the Balkans, IOM chairs the return and reintegrationassistance working group, and co-chairs withUNICEF an awareness-raising working group. With theInternational Commission for Missing Persons(ICMC) Victim Protection Working Group, IOM hascreated a database exclusively relating to cases involvingtrafficking (the database includes informationrelating to the experiences of trafficking victims, traffickingroutes, and the modus operandi of traffickers).IOM also developed a Standard Operating Procedure(SOP) – rules and regulations designed to ensure securityfor victims of trafficking who are being assisted byIOM and for IOM staff.Ofspecial importance is afocus on rapid response to stranded persons, particularlywomen and children in need of immediateprotection even if they do not fall within the definedcaseload of existing IOM counter-trafficking projectsor comparable assistance schemes.At the national level, IOM offices have implementedprojects to assist in the orderly, safe and dignifiedreturn of trafficked women to their home countries.The organization has also engaged in informationCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION139

FP172M. Preventing & Respondingto the Taking of HostagesFP172 A Neutral Intermediary Such as the ICRC canSeek to Ensure That Hostages Are Treated HumanelyIn keeping with its mandate, ICRC’s involvement inhostage-taking situations is based solely on humanitarianconsiderations. During one such incident inColombia, the ICRC delegation there did what theorganisation’s delegates would typically do when facedwith a hostage taking situation – they contacted thecaptors, ensured an exchange of Red Cross messagesbetween the hostages and their families, visited thehostages, furnished them with material assistance and,where necessary, provided logistical support for theirrelease. The ICRC did not intervene in negotiationsrelating to the conditions for the hostages’ release, norwas it in any way involved in the payment of ransoms.In this, and other cases of hostage taking, the ICRCacts as a neutral intermediary.140

Uganda, 1998A child’s drawing depicts a massacre of Sudanese refugees by LRA rebels atthe Achol Pii Refugee Camp in Kitgum District. In the drawing, the victimsare lying on the ground in a semi-circle around a tree, while the soldiersshoot them and slash them with machetes. Other soldiers attack fleeingcivilians or set fire to buildings in the camp.© UNICEF HQ98-0321 ⁄ HORNERCHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH & 141DIGNITY THROUGH HUMANITARIAN ACTION

FP173FP175FP174N. Preventing & Responding toAbuses Relating to DetentionOur mission is a mission of hope.– Sudan Council of Churches, onvisiting women in prisonWomen have specific rightsrelating to detention that havebeen recognized and addressed ininternational humanitarian lawand human rights law (and ofcourse should enjoy the generalprotections afforded all detaineesembodied in those bodies of law).In international humanitarianlaw, there are special referencesrelating to the treatment ofwomen detained because ofarmed conflict (i.e., separateaccommodation of women frommen – at minimum separatesleeping and sanitaryarrangements; provision ofadditional food to pregnant ornursing mothers; medical care forpregnant women; body searchesof women should only beconducted by women; specialarrangements for the earliestpossible release of women whoare pregnant or with youngchildren, etc.).FP173 Registration by the ICRC of Persons DetainedDue to a Conflict Can Decrease the Risk of SummaryExecution and Other Violations of Humanitarian andHuman Rights LawSpecially trained ICRC delegates conduct prison ordetention visits under a strict set of conditions developedover long experience to protect prisoners fromharm. The ICRC requires military or civilian authoritiesto permit unsupervised visitation of the delegatewith detainees and to allow the registration ofdetained persons. Once registered by the ICRC, therisk of summary execution (or ‘being disappeared’),torture and mutilation decreases because the authoritiesunderstand the ICRC knows who is being held andwhere. Detainees are also provided with a special ICRCdetainee identification card that helps them to provetheir detention later for purposes of compensation,resettlement, etc. Although humanitarian staff shouldrefrain from visiting persons detained due to armedconflict without first consulting with the ICRC (visitsconducted on terms other than what may have beenworked out by the ICRC with the holding authoritycould place people in danger by eroding the strict visitationstandards ICRC has established over many decades),humanitarians can pass on information to the ICRCabout places of detention they learn about or plan interventionsthat will support ICRC’s work to reachdetainees.At the start of the Rwandan conflict in 1991, theICRC obtained immediate access to alleged RwandanPatriotic Front (RPF) supporters who had beendetained and was able to proceed with the registrationof this population at risk. A few years later, followingthe 1994 genocide, the ICRC was also able to veryquickly access detained persons suspected or accusedof genocide by the new RPF authorities. Each detaineewas registered and a regular census of the prison populationwas undertaken. Over 120,000 detainees werevisited between 1995 and 2000.The fact that the ICRCwas known to the RPF and had demonstrated concernon the behalf of all persons detained because of armedconflict helped open the door for access to detainees.FP174 Prison Visits to IDPS Mitigate Poor Prison Conditionsand Provide Some HopeAn informal consortium of national NGOS in Khartoum,mixed Muslim and Christian, along with anumber of individual professionals, visited internallydisplaced women and other women in prison to alleviatepoor prison conditions through legal assistance andadvocacy, adult literacy training, health care, provisionof material needs, and psychological support. Althoughmaterial support was quite limited, visits by membersof the community provided an extremely importantpresence in the prison that may have helped discourageabuses and the further deterioration of conditions forwomen and children. These visitors represented animportant and unique informal inter-religious network(although they do not necessarily perceive their actionsas a combined effort). Their assistance provided importantcontact with the outside world and gave thewomen hope for better conditions – and for somewomen, the possibility of release through advocacy.FP175 Protective Documents/Passes May Prevent ArbitraryArrest, Detention or DisappearanceProtective documents or passes are documents issuedby agencies, governments, organizations or well-known142

individuals to persons in danger of arbitrary arrest ordetention or disappearance. Such passes may discourageabuses at checkpoints, while in transit, or duringperiods when roundups or arrests are occurring. Aprotective pass informs the authorities there is outsideinterest in what happens to an individual. Obviously,for the pass to have some currency to the authoritiesor actors in control of an area, the entity that issuesthe pass must be respected by the authority or be perceivedas neutral or ‘friendly’.In 1993 in Croatia, UNHCR issued protection lettersto draft-age male Bosnian Muslim refugees in dangerof arrest and refoulement (forced return to country oforigin). Field staff with another international organizationassisted in collecting the necessary documentationand distributing the letters in refugee camps.Recipients were given duplicate copies of the lettersand advised to put them in safe places, since policeoccasionally tore them up. The letters stated that theperson carrying the document was under the protectionof UNHCR.A photograph of the refugee wasattached, and identifying information such as name,date and place of birth appeared on the letter. Importantly,the letter bore UNHCR’s official stamp and thesignature of an official. In the vast majority of cases,these letters prevented the arrest and refoulment ofrefugees who carried them. UNHCR protection staffinterviewed during later studies of protection strategiesexpressed interest in coordinating and issuingsuch passes, working with governments or othersinterested in developing such a project.The following factors seem to increase the effectivenessof protective documents:• The passes or letters are issued by a party – a government,organization, religious or civic group, etc.– recognised and respected by the authorities;• The documents should have an official appearance(stamps, seals, signatures, etc.);• A limited number of protective documents shouldbe issued (distribution should usually be limited tothe most vulnerable segment of the population atrisk as the documents may lose their effect if toomany are circulating. Further, the authorities maybecome alarmed by the numbers of persons holdingsuch documents or may begin to disregard them;• The authorities might be prevailed upon to respectthe documents, depending upon who issues them. Ifthe authorities agree to cooperate, and issue ordersthat the documents are to be respected, the chancefor success improves. Agreements can be publicisedif it will help ensure respect for the documents bysoldiers, police, or officials;• Something has to happen if the document is disregarded– action must be taken by someone,somewhere.Note: Documents that identify the ethnicity or religionof individuals may place individuals at greater risk.FP176 Special Attention to the Needs of Women inDetention Is CriticalIn Rwanda, given the overcrowding of detention facilities,the ICRC pays particular attention to the cases ofdetained women and children to ensure that their conditionsof detention and treatment are adequate. Inthe Democratic Republic of Congo, as everywhere else,the ICRC is working to ensure that imprisoned womenare held in separate facilities from male detainees andare guarded by female prison wardens. This reducesthe chances of ill treatment, particularly sexual assault.FP177 Using Religious Clergy to Visit Persons Detainedby One’s Own Forces During Armed Conflict and toRemind Guards of the Rights of the DetaineeThe main rebel movement in southern Sudan createda chaplaincy unit staffed with clergy by the New SudanCouncil of Churches. The chaplains underwent ninemonths of theological training before going out to thefield. One of the roles of chaplains was to have a presencein the detention centres to liaise with rebelsoldiers about the treatment of detained Governmentof Sudan soldiers in accordance with internationalhumanitarian law. Military chaplains may be grantedaccess to detained persons where others are not.FP176FP177CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION143

Rwanda, 1994Women, many with their children, crowd a narrow courtyard that is theironly access to light and exercise, in the women's section of a prison that nowholds five times its prisoner capacity, in Kigali, the capital. Suspected ofparticipating in the mass killings that began in April 1994, the number ofprisoners, including these children and women, have overwhelmed a judicialsystem that was also destroyed in the civil conflict.© UNICEF HQ94-1046 ⁄ B. PRESS144

O. Preventing & Respondingto Violations of Freedom ofMovementFP178FP179FP180FP181FP178 A Civilians-Only Passenger Ferry Sails ‘Underthe Flag’ of ICRC ProtectionThe passenger ferry ‘City of Trinco’ regularly carriescivilians from Trincomalee to the Jaffna Peninsula underthe protection of the ICRC.At the request of the SriLankan government, the ICRC agreed to let the ferry flythe ICRC flag on its twice weekly trips to and from thenorth, provided that only civilians were on board. TheICRC had previously obtained written guarantees forthe safe passage of the vessel from both the Sri Lankangovernment and the major rebel movement. Accordingto the terms of the agreement, the transport of militarypersonnel and arms and ammunition is strictly prohibitedand military escorts must not accompany the ship.FP179 A Free Bus Service to Enhance Freedom ofMovement and Confidence-BuildingIn Bosnia and Herzegovina, bus lines were establishedby UNHCR in partnership with the Danish RefugeeCouncil in the immediate post-conflict period so peoplecould cross ethnic lines (former confrontationlines) to visit friends and relatives and participate in‘go and see’ visits to assess whether conditions existedfor the return of refugees and IDPs. Buses in Bosniaand Herzegovina were initially driven by expatriatesregarded by the Parties as neutral. After some monthsof operation, the population in Bosnia and Herzegovinabecame accustomed to the buses and local driverscould be used. The bus service was initially underutilised,but the need for people to have contact withfriends and relatives on ‘the other side,’ the fact thatthe service was free, and the low incidence of incidentsrelative to the number of trips motivated more andmore people to use the service until eventually ‘crossingover’ became completely normalised on manyroutes.In Kosovo, the NATO peacekeeping force (KFOR)provided support to UNHCR in enhancing freedom ofmovement through projects such as ‘go and see’ visitsfrom Serbia (where people could travel in safety to seewhat living conditions are) and escorting bus linesthat crossed inter-ethnic boundaries, enabling peopleto visit relatives.FP180 Removing Practical Obstacles to Freedom ofMovement to Enhance ConfidenceIn Bosnia and Herzegovina, a law was established bythe Office of the High Representative (internationaloverseer of the implementation of the Dayton PeaceAgreement) regarding vehicle license plates helpingguarantee freedom of movement and increased confidencein personal security. The new license plates madeit impossible to identify the origin of the vehicle (previously,the ethnic identity of the driver could be guessedat by the letters on the license plate, which indicated thetown in which the vehicle had been registered).FP181 Protecting Visitors of Detainees ‘Across theLines’ and Escorting Released DetaineesIn Kosovo, the ICRC organised family visits to detentionplaces in Serbia. People, mostly mothers andwives from different areas in Kosovo, were accompaniedto Belgrade central prison under the protectionof the Red Cross emblem. Priority was given to familieswho had been unable to visit their relatives for along time because of financial reasons or because oflack of identity papers. The ICRC also transportedreleased detainees from Serbia home to Kosovo.CHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH &DIGNITY THROUGH HUMANITARIAN ACTION145

FP182P. Preventing & Respondingto Arbitrary Expropriation ofProperty or DiscriminatoryProperty LawsFP182 Combating Obstruction of Property Law byPressing the Neutral Application of Property Law byLocal AuthoritiesAlthough the Dayton Peace Accords for Bosnia andHerzegovina required the return of all unlawfullyacquired property to the rightful owners/tenants, localauthorities (often at the direction of political bosses)continued to obstruct implementation of the propertyprovisions. The first step in overcoming resistance wasthe repeal of wartime property laws that permitted thereallocation of property ‘abandoned’ by lawful ownersand tenants (property had often been deemed ‘abandoned’by the rightful occupants even when they wereforced to leave during ethnic cleansing operations,many of them under immediate threat of death).Compounding the problem was that a number of peoplewere forcibly evicted and their property taken evenafter the Dayton Agreement was signed. Redresswithin the legal system was rare as the courts andpolice often acted on behalf of unlawful new occupantsor refused to act at all.Once wartime laws were repealed, a new form ofobstruction emerged – the refusal of property commissionsand local housing authorities to processclaims in a lawful and transparent manner and, again,the refusal of the courts and police to stand behind theclaims that were resolved. The international communityresponded by using a carrot and stick approach,but many officials continued to balk, claiming that itwas unfair that they be expected to cooperate whenpeople ‘on the other side’ were not – thus creatinggridlock in many towns.The Property Law Implementation Plan (PLIP), apartnership including UNHCR, the OSCE and theOffice of the High Representative (the office responsiblefor overseeing implementation of the civilianaspects of the Dayton Agreement), varied from earlierplans by promoting the neutral application of lawacross the board, insisting that no deviation fromequal standards and procedures be tolerated. The messageof the PLIP is that property rights are individual,not reciprocal and that they are neither negotiable norsubject to political or ethnic considerations. The PLIPcreated legal/administrative structures that addressproperty claims in a standardised and professionalmanner. A number of activities were initiated toimprove compliance:• Clear directives were issued from the InternationalPolice Task Force to the Ministers of the Interior(responsible for the police) to ensure that policeproperly carried out their duties to conduct legalevictions of unlawful tenants (failure of police toenforce court decisions has been a major problemin the past);• Emphasis was placed on ensuring that police officers,prosecutors and judges were not occupyingproperty that was not legally theirs;• International organizations participating in thePLIP agreed not to tolerate violations by their ownstaff in double occupancy (some persons claimedoccupancy rights on more than one house or apartment);• Field officers filled out non-compliance reportswhen local authorities refuse to abide by the law;• PLIP members advocated for the prosecution of146

Kosovo, 1999A woman walks down a street past a discarded oven and other refuse inthe town of Vucitrn in the province of Kosovo.© UNICEF HQ99-0729 ⁄ R. LEMOYNECHAPTER 4. PRESERVING & PROTECTING LIFE, HEALTH & 147DIGNITY THROUGH HUMANITARIAN ACTION

FP183FP184FP185those who obstructed property law implementation;• PLIP members undertook to review and disseminaterelevant law.An important aspect of the PLIP was the Focal PointScheme,which involved the assignment of persons toevery municipality to provide statistics, keep records,act as information conduits, monitor the conduct andpractices of housing staff,provide guidance to housingoffices on working practices and ensure transparencyof the process to the public.FP183 Concentration on Property Issues PromotesDurable Solutions for Displaced Persons and RefugeesIn Georgia, a comprehensive study of housing andrestitution issues facing returnees and displaced communitieswas undertaken by UNHCR.The studyhelped clarify the dimensions of the problem andoffered constitutional and legal options for their resolution.UNHCR also supported a network of jurists toprovide advice and counselling to displaced personson property and related matters.tographic materials that will not deteriorate tooquickly as there is often a long period that passesbefore claims can be made.FP185 Pre-War Telephone Directories Provide Proofof Residence in Property ClaimsDuring the wars in the former Yugoslavia, many peoplelost documentation of residence or property whenthey were ‘ethnically cleansed’ or otherwise uprooted.In addition, many archives and registration centreswere destroyed in the fighting or deliberatelydestroyed or removed to prevent people from reclaimingproperty. A unique project to collect andmicrofilm pre-war telephone books was initiated inthe late 1990s by a group of librarians and scholarsworking with a private corporation. Since then, scoresof directories have been located and microfilmed. Thedata can be scanned directly from the films and reformattedfor electronic databases, or used in originalformat (which is already organised by locations,names and dates). The data has been used to bolsterproperty claims – a critical issue for return in the formerYugoslavia.FP184 Simple Methods to Document Property CanFacilitate the Return of Property to the RightfulOwner (Photo Files – Documentation of Propertyfor Future Claims)Property restitution or the return of housing to therightful owner following displacement is of greatimportance for sustainable return. One practical interventionis to act, when possible before displacement,to document property. Photo files include photographsof the property with the owner in front; awritten description; witness statements and signatures;any supporting legal documentation such asproof of habitation, deeds, telephone book listings;etc. The original and a copy of the file are given to theowner. If possible, a copy of the file should be kept byneutral international organization such as UNHCR.Local or international NGOS could work with UNHCRto establish such a project. It is important to use pho-148

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CHAPTER 5PRACTICES THAT PROMOTE & PROTECTTHE RIGHTS OF SPECIFIC GROUPS5

specificVietnam, 1999Two women from the H’mong ethnic group share a book during a trainingsession at the women’s union in the town of Yen Bai in the north-westprovince of Yen Bai. The training sessions cover gender and developmentissues and incorporate Facts for Life, the UN inter-agency booklet that offersessential child health information.© UNICEF HQ99-0742 ⁄ R. LEMOYNE

groups

A. Practices to Promote &Protect the Rights of Women& GirlsFP186FP187The right of women to be treated equally to men isprotected under international law. It should be notedthat temporary special measures aimed at acceleratingachievement of equality between men and women arepermitted and are not considered discriminatory. Similarly,special measures to protect women are highlightedin humanitarian and refugee law. Discriminationagainst women is prohibited irrespective of maritalstatus.The Code of Conduct for the International RedCross and Red Crescent Movement and NGOS in DisasterRelief notes that in implementing a non-discriminatoryapproach, the crucial role played by women indisaster-prone communities (and we would add, thoseliving in war-torn societies or under repressive regimes)should be recognized and that humanitarians shouldensure that this role is supported and not diminishedby aid programmes. The experience of war, displacement,loss of family members, etc., is likely to affectsocial relationships between genders. Women are oftenaffected more dramatically given the social responsibilitiesthey carry in many cultures for the feeding andcare of family members including the young, the disabled,the sick and the elderly. Recognition of this realityis an important element of sound action.1. PARTICIPATION OF WOMEN IN PROGRAMMES,POLITICAL AND CULTURAL LIFEFP186 Incorporating Commitments to Women in AllAspects of Food ProgrammingThe WFP believes that strengthening opportunitiesand options for women is key to solving the problemsof hunger, and continues its efforts to fully implementa set of Commitments for Women launched in 1995 inBeijing through efforts to a) ensure direct access towomen to appropriate and adequate food intakemeasures; b) ensure women’s equal access to and fullparticipation in power structures and decision making;c) facilitate women’s equal access to resources,employment, markets and trade; d) generate and disseminategender-desegregated data and informationfor planning and evaluation; and e) improve accountabilityfor actions taken. WFP has set specific targets toachieve these goals:• Women will control the family food entitlement in80% of WFP operations;• At least 25% of project outputs and assets createdwith food for work are of direct benefit to and arecontrolled by women;• 60% of country programme (development)resources are targeted to women and girls in countrieswhere the gender gap shows a 25% disadvantagefor women;• 50% of education resources target girls;• Women have a lead role in the design, planning,implementation and monitoring of food aid operations.FP187 Raising Awareness of Women Rights by Celebratingand Publicising Women’s DayThe UN Gender Advisor’s office for Afghanistanworked with other organizations in Afghanistan toorganise a large Women’s Day (8 March) celebration inKabul in March 2000.Some 700 women gathered at aThe people may have a differentview of who is vulnerable than wedo. The way we approach thingsmust be generally acceptable tothe community. When we giveblankets [to families in southernSudan] for children, they shouldnot be small blankets for children– they must be bigger blankets,because mothers sleep with theirchildren.– Humanitarian aid worker,southern SudanDeveloping countries may haveslightly different concepts ofhuman rights than the West, butit is not cultural imperialism tosuggest that women should notbe mutilated, enslaved orcondemned to die in childbirth.– Nana Agyema Rawlings,the First Lady of GhanaThese programmes are a light inthe darkness. They keep the fireburning. These are the things thatkeep Afghan women alive.– an Afghan relief workerCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 155

FP188 FP189Local women used meetings toidentify what enterprises theycould engage in (what there was amarket for) and to discusscommunity problems suchas health…We kept running into theproblem of continually discussing[the problems of the community]with men. It was only when wetried to get meetings with thewomen to get their opinions thatwe realised the women had noplace to meet.The women started a clinic in oneroom of the house, and atailoring shop in another.local hospital for readings of poetry and essays. Theevent was well attended by representatives of nationaland international humanitarian organizations – andby the de facto authorities. It was covered by the internationalpress. In the middle of the ceremony, a malerepresentative of the leader of the authorities gave awelcome speech. Six women were released from prisonin honour of the event. This was one of the few timessince the takeover of large parts of Afghanistan by theregime in question that men and women were permittedto gather together. Given the violations of women’srights that have occurred in Afghanistan in recentyears, this was a highly significant event.FP188 The Role of Drama, Song and Dance to RaiseGender Issues Are Popular Because of Their EntertainmentValueThe International Rescue Committee organised aproject in and around Kenema, Sierra Leone, whichemployed women to raise gender issues throughdrama, song and dancing. The programme raisedissues of sexual violence and female genital mutilation,relying on communication mechanisms such as dramathat were appealing to audiences. In one example, atroupe of women put on a skit that used comedy toconvey the sidelining of women – the method wasamusing and interesting to people, but the underlyingmessage was quite serious.2. PROTECTION AGAINST FORCED MARRIAGEFP189 A ‘Safe Haven’ for the Protection of Women in aRefugee Camp from Forced Marriage, Sexual Assaultand Domestic ViolenceWhen women become refugees, their vulnerability toproblems such as rape, domestic violence, and forcedmarriage substantially increases. A study conducted byRefugees International at Knembwa Camp in Tanzania,for example, revealed that 26% of Burundianwomen between the ages of 12 and 49,who had alreadysuffered ethnic violence that included rape, had beenraped again as a refugee.Jesuit Refugee Services, in cooperation with UNHCR,implemented an important initiative at Kakuma RefugeeCamp in northern Kenya. The agencies constructed asafe haven for the protection of refugee women andgirls, most from Sudan, Somalia and Ethiopia. In afenced compound patrolled 24 hours a day by campsecurity guards, the safe haven provided room andboard, as well as counselling services, for six womenand their children. While a modest effort, it was animportant one that could be replicated. There is a particularneed for programmes for adolescent refugee girls,who often suffer sexual assault and domestic slavery –they are also frequently unable to attend school becausethey are forced to fetch water and firewood, watchyoung children and cook food for ‘foster families’.Refugees International has recommended that safehavens such as that described above offer protection tothose at risk of gender-related violence as well as thosewho have already been victimised. It was further recommendedthat:• Bureaucratic procedures be streamlined to allowsame-day admittance at the recommendation ofcommunity service workers, members of theUNHCR protection unit or members of a refugeewomen’s support group, or upon convincing evidenceprovided by the woman or girl at risk;• UNHCR circulate admittance guidelines widelyamong camp personnel and train staff of organizationsinvolved with referrals in uniform procedures;• Camp authorities ensure that the safe haven compoundis secure with barred windows, an indoortoilet and security guards on 24-hour patrol;• UNHCR allows women to stay at the safe haven untiltheir safety and well-being on their return to theircommunity can reasonably be assured. Communityand security personnel should collaborate to ensurethat the threat to a woman, once back in her community,is eliminated to the greatest degreepossible. 11 From ‘Kenya, Safe Haven for Women Opened’, by Mary AnneFitzgerald, Refugees International, 26 April 2000.156

Bangladesh, 1994In 1994, women, some carrying lighted torches, pause at dusk during a rallyheld on International Women's Day – March 8 – in Dhaka, the capital.Among other issues, the rally called for equality between women and men,and safety for women while in the street.© UNICEF HQ94-1531 ⁄ A. ABDULLAHCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 157

FP190 FP191 FP192FP193They realised they needed somemanagement structure, anddecided they needed an accountmanager. They paid her a smallamount from their profits. Theystarted some education courses.Then they decided to hold aninaugural ceremony – and menattended it!– Community Forums staffmember, AfghanistanA criticism of programming ingeneral is that decisions regardingprogrammes are still made largelyby or through men.– UN staff member, AfghanistanThe UN itself has had few womenin lead roles – and at the agencyheads meetings, there are veryfew women.– a female UN staff member,seconded in the opinion by NGOfemale representatives,AfghanistanFP190 Discouraging Early or Forced MarriageThrough Education for GirlsThe Lobby Group, a Kenyan women’s NGO formed toprevent forced marriage, a common practice amongcertain tribes, in which young girls are often marriedoff to elderly men in polygamous marriages. TheLobby Group raises money for school and livingexpenses for girls in order to permit them to finishsecondary education. The Lobby Group also seeksto raise awareness about female circumcision. In additionto the physical and psychological effects of forcedmarriage, female genital mutilation often occurs inforced marriage.3. ENDING THE PRACTICE OF FEMALE GENITALMUTILATIONFP191 A Change in Traditional Practices Is More LikelyWhen the Community Agrees It Is HarmfulHow One Committee Brought About Wider SocialChange: In Senegal, a two-year basic active educationcampaign was conducted by women in the village ofMalicounda Bambara (co-sponsored by an NGO,Tostan, UNICEF and the Government of Senegal).Men and women were presented with information onthe health and mental health consequences of femalegenital mutilation and encouraged to discuss theirfeelings about it. They were asked to decide whetherthey thought the practice should continue. In the end,the community decided to make a formal pledge torefrain from female genital cutting, an event known asthe ‘Malicounda Commitment’. The idea caught on.Tostan participants in two other villages discussed thepractice with women from Malicounda, and while oneof the two villages agreed on their own to stop thepractice, the other decided they could not do so withoutconsulting their extended family – in 10 other villages!Two men went together to all the villages, andafter some heated discussions, the villagers gathered(in February 1998) and vowed never again to circumcisetheir girls. Some villages in the south followed.The Government of Senegal has since banned thepractice nation-wide.Tostan’s general programming was not solelyfocused on ending female genital mutilation, but sawit as a part of other problems. Tostan sees educationand skills-building as the key to change. Women wholearned how to read, write and do math in theirmother tongue led the way as others saw that basiceducation could lead to improvements in manyaspects of daily life. The women had discovered newways to generate income, plan for the future, and protectthe health of their children.FP192 Celebrating and Promoting Rites of PassageThat Do Not Include Harmful RitualsIn Kenya, a big ceremony was held and was televised tocelebrate the rites of passage for young women whocelebrated their rite of passage into adulthood withoutfemale circumcision.FP193 Using Health Repercussions as an Entree to DiscussFemale Genital CuttingThe Sudanese National Committee on TraditionalPractices, a women’s group based in Khartoum, developeda training curriculum for schools on the healthconsequences of female genital mutilation, the causeof more health problems for women and girls inSudan than famine or war. After 10 years of effort, theCommittee received permission from the Ministry ofEducation to introduce the curriculum to teachers inthe public education system. The programme includesgraphic videos for adult education classes and an illustratedbooklet to reach people who are not literate.The NGO has enlisted well-known and respected doctors,religious leaders and politicians to add credibilityto its teams – and to its claims. The teams are workingto present their case in a clear manner to leaders ingovernment, the judiciary and law enforcement.Also in Sudan, UNICEF staff came up with innovativeways to address female genital mutilation. It waslearned that some religious leaders were not allowingtheir daughters to be circumcised. One religious leaderinsisted that the Hadith did not call for circumcision,and it was pointed out that Mohammed’s own daughterswere not circumcised. These leaders were asked to158

Senegal, 1998Challenging female genital mutilation(FMG) in senagal.© UNICEF HQ98-0236 ⁄ R. GROSSMANCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 159

FP194FP197FP195FP198FP196speak out in community meetings, and a number ofthem agreed to do so. During discussions, womensometimes actually confronted the men and accusedthem of supporting circumcision not out of religiousbeliefs but because they believed it enhanced theirown sexual pleasure. An UNICEF staff member notedthat while the incidence of female circumcision hasnot really decreased in many areas, the severity of circumcisionshas decreased. She also noted the importanceof substituting income for midwives who werepaid to perform the practice in order to ensure thatloss of income did note cause resistance to changes inthe practice. Incentives could be provided to midwives– the UNICEF worker thought, for example, that handpumps for water could be a strong motivator as theywere very much in demand. 24. ENSURING GIRLS’ AND WOMEN’S RIGHT TOEDUCATIONFP194 Ensuring the Participation of the Communityand Women in ProgrammesThe WFP in Sierra Leone provides schools and healthcentres with food, clean water, and sanitation facilities.WFP-funded programmes must have local communitysupervision, parent/teacher involvement, and maintain50% female representation on WFP programmecommittees or they risk the loss of funding.FP195 Making School Programme Support Contingentupon a Percentage of Female Students EncourageEqual Educational OpportunitiesMany NGOS in Afghanistan insisted on working withgirls and boys on an equal basis in education. Somemade it clear that they would withdraw services if this2 Adapted from example in Only through Peace: Hope forBreaking the Cycle of Famine and War in Sudan,Women’sCommission for Refugee Women and Children, New York,September 1999, page 5. The website for the Women’sCommission is http://www.intrescom.org/wcrwc.html.were not permitted.FP196 Providing an Incentive for Girls to AttendSchool May Promote Non-DiscriminationUNICEF in El-Obied, Sudan, provides evening classesfor girls so they can catch up on learning missed lessonsif they were not able or allowed to attend schoolbefore. Girls’ schools are not being set up, but the girlsare expected to attend regular school as soon as theyhave had the opportunity to catch up on their learning.Girls are also provided school uniforms as anincentive to attend school.5. PREVENTING THE MOBILIZATION OF WOMENSOLDIERSFP197 Involving Female Ex-Soldiers in Efforts toDemobilise Female SoldiersAn ex-rebel to rebel campaign was initiated in SierraLeone with funding from World Vision. Womenabducted and then indoctrinated as soldiers fear theywill be blamed for their actions and may not returneven if they have the opportunity to escape from theircaptors. An abducted woman trained as a rebel fighterhad escaped from rebel forces and returned to hertown,where she agreed to make a radio appeal toother abducted women and to the rebel forces to stopfighting and return home. She wanted to let otherwomen know that they could find acceptance back intheir home communities.FP198 Working Around Cultural Restrictions to EnsureWomens’ Right to HealthIn Iraqi Kurdistan, the ICRC pays for travel expensesand accommodation for female patients and theiraccompanying male relatives to be treated in the physicalrehabilitation centre with prostheses and physiotherapyto ensure that women have access to this care.160

B. Practices to Promote & Protectthe Rights of ChildrenFP199Children are particularly vulnerable during situationsof armed conflict, but they should also not be seen asjust victims in need of assistance. Working with childrenrather than just for children is an important elementof promoting and protecting the rights ofchildren.It is predominantly the same groups of childrenwho become child soldiers in times of armed conflictas become street children or child labourers in peacetime.The groups who form the overwhelming majorityof child soldiers are children separated from theirfamilies or with disrupted family backgrounds (e.g.,orphans, unaccompanied children, single-parent families,child-headed households); economically andsocially deprived children (the poor, whether rural orurban, and those without access to education, vocationaltraining and a reasonable standard of living);and other marginalized groups (e.g., street children,certain minorities, refugees and the internally displaced).The welfare of unaccompanied children has alwaysbeen a chief concern of organizations such as theICRC, UNICEF, and certain NGOS such as Save theChildren Fund. In Africa’s Great Lakes region, activitiesbegun in 1994 to reunite children with their familiesare continuing. Many refugee children fromRwanda found living in Goma (formerly Zaire, nowthe Democratic Republic of the Congo) have nowbeen reunited with their parents. The ICRC initiatedtalks with the Rwandan government authorities todiscuss long-term social and legal arrangements forthose unaccompanied children not reunited with familymembers, an especially important issue given thatthe chances of locating their parents grows slimmerwith time. The complexity and scope of the activitiesundertaken to assist unaccompanied children in theGreat Lakes region led to an unprecedented coordinationof efforts between the ICRC and other humanitarianorganizations, such as UNHCR, UNICEF and Savethe Children Fund.1. INCLUSION OF CHILDREN IN PLANNING ANDIMPLEMENTATIONFP199 Meeting the Psychosocial Needs of Displacement-AffectedChildren Through Maximum Use of theCommunity’s Resources, Including Adolescents(Trained as Play Group Leaders)Since internal displacement in Colombia is oftenrelated to violence or the threat of violence, many IDPchildren – as well as adults – suffer emotional and psychologicaltrauma as well as physical deprivation. AUNICEF-supported programme to meet the psychosocialneeds of these children called El Retorno de la Alegria(the Return of Happiness) is well regarded. Anotable strength of El Retorno is its reliance on participationfrom within the displaced community, and itsemphasis on building capacity among IDPS.Leaders for therapeutic games and recreationalactivities – an important component of El Retorno –were recruited from among the internally displaced,and ‘production groups’ were formed among IDPS toproduce shoulder bags, toys and other programmematerial. Training materials for El Retorno de la Alegriaincluded a volunteer’s manual that empowered IDPvolunteers by providing basic instruction in earlyCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 161

Sierra Leone, 1998Led by an instructor, boy soldiers (members of the now government alliedKamojor – civil defense forces in the south), one holding a rifle, are awaitingdemobilization at a centre run by the Christian Brothers, a local NGO thatworks with unaccompanied, abused and street children, as well as formerchild soldiers, in the southern town of Bo.© UNICEF HQ98-0578 ⁄ G. PIROZZI162

childhood development. The manual emphasised theessential role of family and community structures tothe child’s well-being. Community volunteers wereasked to share their experience and training with otherdisplaced or returnee communities, enhancing theirstatus and self-esteem. Of particular note, numbers ofdisplaced teenagers were recruited as leaders of playgroups, providing these adolescents with an importantanchor to the community and source of self-esteem ata time of considerable stress in their own lives.2. CHILD SOLDIERSFP200 Reintegrating Child Soldiers into Civil SocietyTakes Extra Care but Can Provide Long-lastingHuman Rights RewardsRebel groups in Sierra Leone forcibly recruited manychildren, potentially creating an enduringly violentsubstrata of Sierra Leonean society: a large group ofyoung men (and some women) who had spent theirformative years on the battlefield. Reintegrating childsoldiers successfully into society is critical to reducingthe potential for future human rights problems in thecountry and to meeting the psychological needs of adeeply traumatised population. A programme to disarm,demobilise and reintegrate child soldiers wasdeveloped and implemented by four humanitarianNGOS:Save the Children Fund, the International RescueCommittee, Caritas and Coopi, supported by theEuropean Union and UNICEF.The programme involved a number of steps:• SEPARATING CHILDREN FROM OTHER SOL-DIERS: Recognising the special needs of children,officials at demobilisation centres were giveninstructions to question any young-looking soldier.Fighters appearing to be under 18 had to demonstrateproof of age or they were assumed to beunder age and were included in the demobilisationprogramme. Children to be demobilised wereplaced for 48 hours in a demobilisation camp.(Although the children would ideally be placed farfrom the war culture, children were encamped fordemobilisation within a section of the adult demobilisationcamps.)• ADDRESSING THE INDOCTRINATION OF CHIL-DREN THAT OCCURRED IN ARMED UNITS: Afterthe initial brief period of demobilisation, childrenwere transferred to interim care centres closest totheir areas of origin for counselling and to beginfamily reunification. The children stayed in theinterim care centres at least six weeks.• REINTEGRATED SCHOOLING (see Chapter 4.F.Education,for a description of this component).• FAMILY TRACING (see Chapter 4.A. Family Unityand Tracing,for a description of this component).• RECONCILIATION: The demobilisation process notonly provided essential services to former child soldiers,but contributed to reconciliation. Posterswere put up and activities launched to communicateto the local population how badly the youngpeople wanted to become part of Sierra Leoneansociety again. Accepting these children back intosociety is an important step in the peace process.FP201 Asking for Child Soldiers by Name May ImproveRetrieval RatesIn southern Sudan, the chairman of the rebel movementgave the order to his commanders to demobiliseall children. Interviewers (some of them soldiers or exsoldiers)were trained by Rädda Barnen to use theirinterviewing skills in the community in order to learnwhich children had been recruited by which commanders.The commanders were then approached byrepresentatives of the chairman with a list of children’snames and were ordered to release them. This waseffective because the commanders understood thatthey could not deny having the individual children intheir units – the interviewers knew something aboutthem. Once gathered, the children were interviewed todetermine their histories. A caretaker was selected forFP200FP201CHAPTER 5. PRACTICES ON SPECIFIC GROUPS 163

FP202 FP203 FP204Children join the army becausethey have no education. Somebecause they lost their familiesand are traumatised. We cannotwait for ‘stabilisation’ of thesituation – we can teach ourchildren even if we do it under atree. We can follow them if theybecome displaced and continuetheir education.– a former rebel mobiliser,now a demobiliser of childreneach group of children. Each group designated a childrepresentative. UNICEF monitored the project andWFP provided allotments of food to each group to lastfor a three-month orientation programme. At thecompletion of the orientation, the children werereunited with their families and a celebration was heldto mark the occasion. Some interviewers noted, however,the serious problem of recurrence: whenever displacementoccurred and families were separated andscattered, children were often re-recruited into themilitary units. Further, some demobilised child soldiersran back to their former commanders becausethey had been promised an education after reintegrationand had been indoctrinated into believing thecommander would provide a home and future wellbeing.3. UNACCOMPANIED CHILDRENFP202 Family Tracing in Rwanda Using a ComputerisedDatabaseIn June 1994, the ICRC, the International Federation ofRed Cross and Red Crescent Societies, UNHCR, andUNICEF agreed that a coordinated approach to theplight of unaccompanied children from Rwanda wasessential. On the assumption that computerisedmatching would facilitate reunification of childrenwith their families, it was decided to centralise on adatabase the names and other details of unaccompaniedchildren and of parents looking for their children.The agencies agreed on general criteria for theregistration and reunification, and the information foreach unaccompanied child was standardised for use. Acopy of each paper registration in the field was transferredto the ICRC for entry into its database at theICRC Tracing Office in Nairobi. A second transferform was used to register tracing requests, that is,enquiries from parents looking for their children. Theinformation given on such forms was likewise transferredto the central database in Nairobi.4. STREET CHILDRENFP203 Involving Street Children as Researchers in aStudy of Street Children Helps to Ensure That Children’sViews Are Taken SeriouslyIn Khartoum, Sudan, a consortium of NGOS (localand international) initiated a project to address theproblem of street children, at least half of whombecame street children after internal displacement dueto war or famine. The project focused on two especiallyvulnerable groups within the street children population:girls and disabled children. An important elementof the programme was the involvement of streetchildren as researchers (participatory research). Childresearchers were trained in child rights, researchmethods and facilitation skills. The programme highlightedthe Convention on the Rights of the Child –and major emphasis was placed on the views of streetchildren themselves about their fears, hopes and ideas.In the early stages of the project, for example, childrenidentified police raids as one of their biggest concerns.The programme is linked to local NGOS such asMutawinat, a legal assistance programme in Khartoum.Similar projects in Tanzania, Kenya, Ethiopia,South Africa and Cambodia also use ‘participatoryaction research’ methodology. The word ‘action’ isdeliberately used to communicate the need to movefrom the collection of information to specific action toaddress needs.FP204 Preventing Violence Against and Exploitationof Street ChildrenCasa Alianza,a Latin American NGO,works in severaldifferent Latin American countries to address theproblems of street children. Casa Alianza worksdirectly with street children in a variety of ways. InGuatemala, teams go out on the street every morningin teams of two to make contact with street children.They carry medical kits with basic supplies like disinfectantand cough medicine along with games, pencilsand colouring books. Children who wish to do so can164

stay at one of Casa’s crisis centres, where they are temporarilygiven a clean bed, shelter and food – andimportantly, respect. Children who stay can move to atransition home and then to group homes, receivingeducation or vocational training along the way. Casaalso operates a home for pregnant girls and teenagemothers, many of whom had turned to prostitution tosurvive.Casa Alianza, in partnership with the Center forJustice and International Law and other organizations,also goes after the perpetrators through the legal system.A legal office was started in Guatemala after apolice officer who had witnessed her colleagues kick a13-year-old child named Nahaman Carmona Lopez(causing his death) came forward because of her guiltabout having done nothing to stop the attack. AmnestyInternational issued an Urgent Action Appeal after aphone call from Casa’s director about Nahaman, andthousands of letters started pouring in to police headquarters.The police commander began an investigation,but it was primarily Casa’s own research andAmnesty’s pressure that led to the trial of four officers.The officers were convicted and received a reducedsentence of twelve years. (Unfortunately, the officerswere secretly released after serving less than half theirsentences). Since then, Casa has brought nearly 400cases before the court, although only 14 have beenresolved. One positive effect of the publicity has beenthat abuses by the police seem to have decreased, butthere are private “security firms” involved in killingstreet children. These so-called security firms arethought to have links to the police. The staff of Casa hasreceived death threats, but they still continue their work.5. ENSURING THE ECONOMIC, SOCIAL AND CUL-TURAL RIGHTS OF CHILDRENFP205 ‘Child-Friendly Villages’ May Provide an Opportunityto Look at Human Rights in a Holistic Way and toTeach the Public About the Rights of the ChildA project in El-Obied, Sudan, mobilised the communitythrough ‘village development committees’ toaddress collapsed public sectors, including health,education and water. UNICEF provided training inplanning, monitoring and management for the community,as well as specialised training for health services.Educational facilities included not only classrooms,but also productive activities for the school,such as gardens and bakeries. Villages wishing to bedesignated ‘child-friendly villages’ participated in acommunity-based monitoring system. Informationabout progress made toward specific goals was enteredinto a computer programme and an analysis of thedata was provided to the community, which thendecided on the next level of action. Seven elementswere identified as ‘indicators of progress’ (the extentto which the village is ‘child-friendly’):• a 90% child immunization and sustainability rate• safe deliveries of newborns• an 80% enrolment rate in schools• safe drinking water• adequate sanitation facilities• establishment of a village development committeethat prepares activities and keeps records• awareness activities related to child rights and protectionof the rights of the child6. MEETING THE MENTAL HEALTH NEEDSOF CHILDREN AFFECTED BY WAR AND DISPLACE-MENTFP206 Meeting the Psychosocial Needs of ChildrenThrough Community ‘Drop-in’ ProgrammesMany Sri Lankan children experienced the trauma anddisruption of war. When families were displaced orreturned home after many years away, children had toadjust to a new environment, one that often includedmajor changes in family and community life. In theJaffna Peninsula and elsewhere in Sri Lanka, localNGOS opened community based drop-in centres forwar-affected children where normal play and artisticFP205FP206CHAPTER 5. PRACTICES ON SPECIFIC GROUPS 165

FP207activities were encouraged in a calm, supportiveatmosphere, reintroducing children (or in somecases introducing for the first time) to normal childhoodactivities. This helped children adjust to going toschool on a regular basis.FP207 Meeting the Psychosocial Needs of ChildrenThrough Teacher TrainingGiven the importance of formal education in SriLanka, enrolling displaced and returnee children inclasses is a high priority for IDP families. UNICEF SriLanka recognized that many of these re-enrolled studentswere still deeply affected by the conflict, and thatteachers are in a unique position to observe studentsfacing adjustment difficulties. Training programmeswere initiated in cooperation with the Catholic Churchfor primary school teachers to aid them in recognisingsigns of psychological stress in IDP children and toguide appropriate interventions or referrals.166

Macedonia, 1999An older woman refugee presses a small sign that reads “s.o.s.” up to the window of abus, one in a long line of buses transporting Kosovar refugees from the Blace transitcamp on the Macedonia-Kosovo border to UN and NATO assisted camps furtherinside Macedonia. Having arrived by train or on foot between 31 March and 7 April,thousands of refugees spent more than a week in Blace without access tointernational assistance, helped only by the local NGO.© UNICEF HQ99-0219 ⁄ R. LEMOYNECHAPTER 5. PRACTICES ON SPECIFIC GROUPS 167

C. Practices to Protect DisplacedPeopleUNHCR has a special mandateand many years of practicalexpertise in protecting refugeesand, in certain circumstances,internally displaced persons. Thisexpertise covers all aspects ofprotection ranging from practicaloperational work andprogrammes that supportrefugees in the field to advocacyand promotion of refugee lawprinciples. UNHCR works in closepartnership with governments,other international organizationsand a broad range of NGOS byproviding training, advice,logistical and financial supportfor its much diverse refugeeprogrammes in all parts of theworld. UNHCR encourages NGOSto contact staff in the field forinformation about protectionconditions, to share NGOconcerns regarding refugeeprotection, and to inquire abouttraining on international refugeelaw. UNHCR’s website ishttp://www.unhcr.chFor the purposes of this collection of field practices,the term ‘displaced’ may refer to either internally displacedpersons (those who have fled or been forced toleave their homes but have not crossed an internationalborder) or refugees (people who have crossed aninternational border and do not wish to return becauseof fear of persecution, armed conflict or serious violationsof human rights). Many of the examples in thissection refer specifically to one group or the other, butmost could be adapted for either group.It must be stressed, however, that IDPS are especiallyvulnerable to violations of international humanitarianlaw and human rights abuses during internalarmed conflict, often because there is little internationalpresence on the spot when displacement takesplace.When internal displacement occurs as a result ofarmed conflict, IDPS are, as civilians, protected byinternational humanitarian law. This body of law aimsfirst to prevent displacement, and second, to provideprotection during displacement. IDPS are also protectedby national law – which must be in conformitywith international human rights standards – on thesame basis as persons who have not been displaced.While IDPS are therefore not without sources of legalprotection, more must be done to respect and promotetheir rights. There is now wide agreement withinthe humanitarian community that what is needed arenot new laws but education about the protectionsIDPS enjoy under international law and the enforcementof existing protections. Toward this end, the UNSpecial Representative on Internally Displaced Persons,Francis M. Deng, developed the Guiding Principlesof Internal Displacement. The Guiding Principleshave been widely distributed around the world to governments,humanitarians, and importantly to groupsrepresenting IDPS.Although IDPS do not fall within the mandate ofany one organization under all circumstances, it isimportant to note that those affected by armed conflict– one of the main categories of IDPS – constitutea primary target group for ICRC activities. Indeed,their protection as members of the civilian populationin armed conflict situations lies near the core of theICRC’s mandate, and represents a considerable part ofits caseload.As noted in the introduction, there has been erosionof compliance with international refugee law in recentyears. Wealthier states often do not want to acceptmore refugees and in some cases have enacted legislationcontrary to the principles stated in internationallaw. UNHCR’s ReachOut Initiative, as noted previously,represents an effort to pull countries ‘back into thefold’ and to improve the protection regimes of states.The implementation of international humanitarianlaw would go a long way toward preventing internaldisplacement, as this body of rules prohibits (amongmany other things) indiscriminate attacks againstcivilians, the targeting of civilians or the forciblemovement of civilians. While the warning signs ofimpending displacement are often evident, far too littleattention is given to the development of preventionand contingency plans. The need for theprotection of frontline communities in order to preventdisplacement is critically important, but theinternational community at large and humanitarian168

actors on the ground have often focused on respondingafter displacement has already occurred.There is a critical need for protection from violationsduring and immediately after flight. Displacedpersons are subjected to roundups, forcible resettlement,arbitrary arrest and detention, forced conscription,sexual assault, and other abuses during flight.They may not be welcome at their destination, andmay face discrimination or lack of access to food,water, and energy sources for cooking and medicalcare. Too often, families are displaced more than once.The special protection needs of IDPS and refugeesin camp settings has been emphasised in many studiesof the conditions in camps. Women in camps are especiallyvulnerable to sexual assault and theft of foodaid.Another challenge lies in meeting the needs of displacedpeople dispersed amongst the non-displacedpopulation, especially in larger urban areas. Marginalizedor vulnerable groups among the displaced alsorequire special attention.Returnees also face difficult problems. People oftenreturn in the midst of conflict. Even if peace agreementshave been signed, the situation usually remainsunstable for long periods of time, often years. Thesame persons who perpetrated the violations thatcaused people to flee may remain in positions ofauthority. Returnees who are minorities, disabled, elderlyor are otherwise disadvantaged or marginalizedface additional problems.Many returnee families have female heads of household,yet female returnees often face discrimination inreceiving rehabilitation/housing materials, equal participationin lending programmes and equal access tojob opportunities (due to ongoing societal genderinequities, the assignment of jobs to demobilised soldiers,etc.). Educational and medical systems may notbe accessible for many returnees. Long-term sustainabilityof return through full reintegration into thecommunity is often elusive.1. PREVENTING DISPLACEMENTFP208 A Multi-Level, Focused Approach with ClearObjectives Can Help Prevent DisplacementUNHCR Sri Lanka, concerned about imminent dangerof displacement in a fishing village called Salli, took anumber of measures based upon relevant GuidingPrinciples of Internal Displacement and internationalhumanitarian law to prevent displacement. The populationin danger in the village of Salli included some450 families. The village had on several occasions beencaught in the cross-fire of confrontation between arebel group and government forces, and at one pointthe property of the villagers was burned and vandalised,apparently because of suspicions that villagerswere sympathetic to the rebels. UNHCR’s interventionsincluded:• Facilitation of reconciliatory dialogue betweenarmed forces and the civilian population and advocacyfor compensation for property;• Protection through presence of UNHCR staff;• Early warning through monitoring of the behaviourof certain patrols in the area;• Stabilisation of the village through the implementationof micro-projects;• Close dialogue with commanders of specific militaryunits;• Discouraging the use of the village road as a supplyinfiltration route by armed groups.The effect of these intensive interventions was theprevention of displacement, improved relationsbetween the population and military personnel, andreduced rebel activity near the village. Follow-upincluded ongoing contacts through regular field visits.(See Chapter 2. Humanitarian Assistance and Protection:Developing an Integrated Approach for a descriptionof the use of a Guiding Principles matrix to planand evaluate such activities.)FP208Although everybody claimsvehemently that human rightsare a major concern for theinternational and nationalcommunities, from an operativepoint of view the protection ofhuman rights is not a mainstreamconcern when defining strategiesand planning activities for IDPS.Too often, assistance action istaken instead of protectionaction, leaving national NGOS andIDP organizations on their own inthe midst of protracted conflicts.– Luis Enrique Eguren, PeaceBrigades InternationalCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 169

FP209FP212FP210FP213FP211FP209 Remaining in an Area When DisplacementSeems Imminent May Help Prevent DisplacementDuring the approach of armed militias toward a villagein Afghanistan, a WFP national staff field officerworking in partnership with an NGO to conduct fooddistribution in the village realised that if the assistanceorganizations evacuated, they would precipitate flightof the people in the village. He knew that the villagerswould head for the mountains, and that it would bedifficult, if not impossible, to reach them there to provideassistance later. The WFP staff member had anAfghan colleague with him. They thought through aplan, and decided they had enough contacts and connectionsbetween them to try to negotiate with theapproaching militia. The NGO agreed to the plan. Thetwo negotiators succeeded in convincing the fightersnot only to leave the village alone, but also to guaranteethe security of the WFP and NGO staff, and to allow thefood distribution to continue. There were no incidents.The decision to remain in an area where displacementseems imminent must be based upon carefulanalysis of risks and consideration of relevant UN andother security guidelines.residents in insecure areas. Prior to this programme,KFOR troops had had to guard many homes aroundthe clock – an expensive and cumbersome effort.When tensions in some areas reduced somewhat, theDoors and Locks Programme was initiated, freeing upthe troops to attend to others in need of more intensiveprotection measures.FP212 Ensuring Communication for Minorities UnderThreat – and Building Confidence Through CommunicationsEquipment May Decrease Isolation and InstilMore Confidence in Remaining in the CommunityIn another angle on the Telecoms sans Frontieres project(discussed in Chapter 4 under Family Unity andTracing), TSF used technicians from the majority communityto install communication equipment in ethnicAlbanian Serbian minority villages/enclaves. Theminorities under threat warmly greeted the installers,motivated in part by the connection they so desperatelyneeded to relatives outside the country.2. PROTECTION DURING FLIGHT AND DISPLACE-MENTFP210 Programme Interventions May Help PreventFurther DisplacementIn areas of Sri Lanka like northern Anuradapura District,Sri Lankan families who lived close to conflictzones faced daily security concerns from governmentand rebel forces. These families faced difficult choicesabout whether to join the ranks of the displaced or, asthey strongly preferred, to remain on their own land.UNICEF’s willingness to support health and educationprogrammes in these border areas, and even the temporarypresence of UNICEF staff,have been widelycited as supporting the voluntary choice of many familiesto remain in their communities.FP211 Protecting the Right to Remain Through theProvision of Basic Home Security (Doors and Locks)UNHCR and KFOR (Kosovo Force) teamed up to purchaseand install strong doors and locks for minorityFP213 Careful Analysis of the Dynamics of DisplacementImproves the Timing and Targeting of ProgrammeInterventionsInternal displacement is often a two-stage process inColombia. First, individuals or groups flee their homecommunities to reach a nearby, relatively safe haven,perhaps the largest town close to their area of origin.Then, because services are not available, or because ofcontinued insecurity or continued threats, they maymove to the relatively anonymity of a poor urbanneighbourhood in a large city. There, they mix withother people displaced from various rural areas andwith economic migrants.Programme analysts who have studied this patternhave used their research to propel a more rapidresponse to internal displacement during the initialstage of flight. If resources can be mobilised at the firststage, research indicates that IDPS may be more likely170

to maintain supportive ties to their own communities,and may be more likely to return, eventually, to theiroriginal homes. If, on the other hand, registrationand assistance are delayed until the displaced familydecides to flee to a large urban barrio, effective programmedesign and programme targeting becomemuch more difficult. Analyses by Colombian organizationslike CODHES have contributed to this enhancedunderstanding of the pattern of displacement inColombia.FP214 Rapid International Response While IDPS AreFleeing Can Ameliorate Conditions of DisplacementFollowing a major military offensive, IDPS from theKilinochche District of Sri Lanka fled westward to theOpen Relief Centre (ORC) at Mahdu. Fearing overcrowdingof facilities at Mahdu, UNHCR staffresponded rapidly, meeting groups of IDPS en routeand assessing their security and humanitarian needs.After determining that IDPS were secure in their currentlocation, UNHCR provided programme services insitu. This response avoided overcrowding, allowedIDPS to settle where more land was available, and supportedIDP settlements closer to places of originthereby facilitating visits and potential return.FP215 Moving with the Displaced Can DiscourageAbusesThe ICRC, as it has done in other areas, moved alongthe road in Afghanistan with IDPS in flight in an effortto prevent violations of international humanitarianlaw. In Bosnia and Herzegovina, UNHCR and ICRCpersonnel attempted to follow persons who were“ethinically cleansed” or displaced until they couldreach a crossing point. Care must be taken, however,not to appear to be condoning through one’s presencethe behaviour of the parties to the conflict.3. PROTECTION IN CAMPS AND SPECIAL SETTINGS(i.e., URBAN AREAS)FP216 Presence and a Creative Approach to Assisting aPopulation in Danger of Displacement Can ProvideRelative Safety to ThousandsUNHCR focused its assistance activities on behalf ofIDP assistance activities in parts of Sri Lanka to createand support the model of the Open Relief Centres(ORCS) ‘in areas of relative safety’. UNHCR did notoperate the ORC at Madhu (a site of several thousanddisplaced families) as a camp, but maintained a fulltimepresence in the centre of the ORC with internationalstaff.The UN flag was flown at the camp, andthe international staff worked diligently with authoritiesto maintain a strictly demilitarised environment.Displaced residents of the centre reported they feltmore secure because of the UNHCR presence. The factthat Madhu is a recognized shrine and that the camphas the protection of both the church and the UNHCRhas been instrumental in the reputation of the ORC asa safe area. The ORC has been in operation for a numberof years.FP217 International Presence May Prevent IllegalRemoval/Closure of an IDP CampIn Sri Lanka in 1993,a paramilitary force linked to apolitical group threatened to close down an IDP campby expelling from the camp and then destroying it. Atthe request of the local IDP organization, PeaceBrigades International (PBI)sent two observers to thecamp. They arrived early in the day and placed themselvesat the entrance to the camp, in a clearly visibleposition. Some local journalists turned up in themeantime. All waited several hours in the morningheat, until eventually two vehicles arrived with peoplein uniform. They entered the camp shouting but theirattitude changed when they saw the internationalobservers and the local press. After a tense meetingwith the IDPS in the camp, the paramilitaries left, visiblydistressed and threatening that they would be backto evict the IDPS once and for all. They never cameFP214FP215FP216FP217CHAPTER 5. PRACTICES ON SPECIFIC GROUPS 171

FP218FP221FP219FP220back. IDP leaders told PBI members that the paramilitariesleft because of the international presence andscrutiny.FP218 Appointment of an IDP Coordinator for SpecialCircumstances Helps Bring Attention to the SpecialNeeds of IDPSAn UN IDP Coordinator for Special Circumstanceswas appointed in Khartoum, northern Sudan. TheCoordinator has worked to address the problem ofIDP children in reformatories through joint advocacyprojects with other organizations.FP219 Mapping Urban Neighbourhoods to Identifyand Access Concentrations of IDPS Can Lead toEmpowerment and Better Services for an Often ‘Invisible’CommunityDuring Peru’s long internal conflict, many of the estimated600,000 internally displaced fled to urbanshantytowns around Lima and other major cities.Some groups of displaced settled with others from thesame home locale, while others dispersed in vastsquatter communities. Fearful of being singled out asdeserters from self-defence forces or as traitors, manydid not readily identify themselves or their origins,some going so far as to destroy their personal identitycards in a quest for anonymity. To target resources tothe neediest communities, international NGOS workingin Peru conducted community surveys and interviews– with sensitivity to the legitimate securityconcerns of individuals – to map concentrations ofIDPS in urban areas.In Afghanistan, the Community Forum Programmeworked to support the creation of self-run communitygroups that would represent the voices of the grassrootslevel of the community. The initial step in establishingthe Forums involved carrying out surveys ofurban communities. In the process, the programmefound there was concentrations of IDPS in certainareas, and used the Community Forums to conductoutreach to them. This not only helped identify vulnerablepersons, but also created contacts with thelocal community that had not existed before. Thesecontacts resulted in representation of IDPS in theForums and improved conditions for IDPS in somelocal communities, in some cases having direct protectionbenefits during periods of high tension.4. PROTECTION DURING AND AFTER RETURNFP220 Insertion of ‘Positive Conditionality’ Into ProgrammeDesign May Facilitate Return of MinorityDisplaced CommunitiesThe Dayton Peace accord for Bosnia and Herzegovinaguaranteed internally displaced persons and refugeesthe right to return to their homes. Several years afterthe peace agreement, however, only a small percentageof displaced and refugees had returned to their formercommunities. The problem was acute for those returningto communities where they were in the ethnicminority, especially when displaced members of themajority group had been resettled from other regionsinto the homes of others. Attempts to solve this problemincluded linking international non-emergencyassistance in the local community to the return ofrefugees, including minority returnees. This “positiveconditionality” meant that the non-emergency rehabilitationof housing, schools, health facilities, waterand electricity supplies, as well as income-generatingprogrammes, were made conditional on the formalacceptance, in writing, by the municipality of thereturn of minorities, on respect for human rights, andon guaranteed security for returnees. Although not apanacea (cure-all), indications are that positive conditionalitycaused at least some municipalities to altertheir attitudes toward returnees.FP221 ‘Advance Teams’ from Displaced Communities,Supported by Outside Organizations Through TheirPresence and Assistance, Can Assist in the Process ofReturnAfter a long period of displacement, certain IDP communitiesin the Uraba region of north-west Colombiadecided to return to their home areas. The community172

made this decision after intensive internal discussionsabout the security situation and the prospects forresuming lives of relative normalcy.Displaced community leaders also agreed that itmade sense for the return process to proceed in stages,with ‘advance teams’ of several dozen communitymembers – primarily adult males – returning to homevillages first. The advance teams accomplished severalimportant tasks: they completed an assessment ofrecoverable assets; made preliminary repairs to homes;gathered remaining livestock scattered during militaryassaults; assessed the availability of seed stocks in thearea; and began planting essential food crops. Aftercompleting these preparatory activities, advance teamsreturned to the displacement site to escort remainingcommunity members home.FP222 Assisting IDPS to Assess Conditions in HomeCommunitiesIDPS are often eager to ascertain conditions in theirhome communities. Accurate information on securityand other matters is essential to voluntary decisionsregarding whether or not to attempt return. Yet, IDPSmay lack access to home regions, either because ofsecurity concerns or inadequate transportation. In SriLanka’s Puttalam area, the government sponsored bustrips by leaders of the displaced community to homeareas in Mannar District, permitting free access inMannar to information sources chosen by the IDPS.Such visits empower internally displaced communitieswith information essential to critical decisions they face.FP223 In Returnee Communities, ‘Mobile TrainingFacilities’ Can Help Fill Gaps While Educational InfrastructureIs RebuiltReturnee communities in the Rio Atrato area ofnorth-west Colombia faced many critical issues uponarriving in their home areas. Families faced periods ofhunger and malnutrition as food supply systems werere-established and farmers – the great majority ofthem returnee heads of household – were consumedwith accessing seed stocks. In this environment ofscarcity, with ongoing security concerns, communityleaders recognized the need to rebuild schools andresume educational activities, but were unable todevote resources to the effort during the first monthsof return. Consequently, many children lost valuableeducational opportunities.With support from UNICEF and others, this problemwas partially overcome through the interventionof ‘mobile training facilities’. Students and facultyfrom the nearest high school were recruited to visitoutlying returnee communities. Classes conducted bythese mobile training teams and the educational materialthey distributed maintained a degree of continuityin education until regular classroom facilities could bere-established. In addition, they provided a psychologicalboost and symbol of hope to returnee children.FP224 Accompaniment of Returnees May PreventDenial of Access to Humanitarian AssistanceIn mid-1998,returnees in Chalatenango, El Salvador,were forced by the army to leave building materialsdonated by a humanitarian organization some twomiles away from their settlement, at a spot where therewas a military checkpoint. This was one in a chain ofincidents of harassment of returnees (who had beenforced to flee their homes 10 years before by the samearmy). PBI volunteers, who had followed the returns,immediately asked for permission (‘salvoconducto’) tovisit the settlement in accordance with their internationalaccompaniment programme. Permission wasfinally given, and the day following the denial of theassistance, five PBI members escorted the settlers’ walkback to where the building materials were piled. Thearmy did not show up. The women, men and childrenwalked back to the community, each carrying a load.The same tactic of using presence of international volunteersto gain access to humanitarian aid was usedmany times by returnees to El Salvador, and althoughit was not successful in all cases, it became anotherimportant step in the struggle to regain dignity andthe return to a more normal existence.FP222 FP223 FP224“Women, men and children tooka piece of the materials each, andwalked back to their community,forming a dusty row spotted withthe sparkling zinc sheets underthe heavy sun. The army didn’tshow up”.– PBI Volunteer recalling howaccompaniment discouraged thearmy from harassing returnees inGuatemala.CHAPTER 5. PRACTICES ON SPECIFIC GROUPS 173

FP225FP225 A Returnee Monitoring Framework HelpsEnsure Ongoing Protection of ReturneesFollowing a UNHCR initiative, the inter-agencyReturnee Monitoring Framework was established in1999 in Bosnia and Herzegovina. A Memorandum ofUnderstanding was signed with the OSCE, the EuropeanCommission Monitoring Mission (ECMM) andthe UN Mission in Bosnia and Herzegovina to ensureinter-agency participation in the systematic monitoringof the situation of persons returning to their placeof origin in accordance with the Dayton Agreement. Anumber of field studies involving the collection of dataand extensive interviews of returnees were conductedin 1999 and 2000, and the findings widely disseminated.These studies provided the international communityand local authorities with reliable informationabout the situation for returnees, promoted the rightsof returnees, and facilitated the planning of futurepolicy and programmes.174

D. Practices to Promote &Protect the Rights of the‘ Invisible Vulnerable’,Including Older PeopleFP226FP227When humanitarians speak of vulnerable groups, theyare often referring to women and children, or – lessfrequently, the disabled or elderly. It is important,however, to consider other groups – the ‘invisible vulnerable’– who may not come immediately to mind.The protection of human rights defenders is anespecially important issue, for it is they who are thevoice of the ordinary people – when they are silenced,fear and impunity reign. Moderate community leaders,human rights workers, independent journalists,and other members of civil society come to mindwhen the term ‘human rights defender’ is mentioned,but national staff of international organizations couldalso be considered ‘Human Rights Defenders’ andtheir protection should be included in thinking abouthumanitarian operations. (See E. Practices to PromoteStaff Security and Protect Human Rights Defenders).Some groups may not be vulnerable in most situationsbut are extremely vulnerable in others. In theformer Yugoslavia, for example, male civilians of draftage have been much more likely to be detained, tortured,summarily executed or ‘disappeared’ than personsin other groups, but with the exception ofUNHCR and ICRC,few organizations sought toaddress their vulnerability. The denial of the rights ofcivilian men and boys drastically affects family life.The elderly and disabled (including mentally illpeople), although often listed along with women andchildren as vulnerable, still do not receive adequateattention. Likewise, vulnerable persons within ‘traditional’vulnerable categories may not be included inplanning or programmes (i.e., widows, child-headedhouseholds and adolescents).Prisoners or detainees and their families are anotherfrequently often neglected group. Although the ICRChas a special mandate with regard to persons detainedbecause of armed conflict, other detainees may be visitedby the ICRC depending on the situation in thecountry. Following consultation with the ICRC andothers in the field, humanitarian organizations maydecide to engage in activities to complement ICRC’Swork on behalf of detainees. In cases where the ICRC isnot involved, however, detainees may receive few servicesand may lack advocates.FP226 Take Home Rations Can Limit Exposure toDanger for ‘Targeted’ GroupsIn the Kamenge quarter in Bujumbura, Burundi, MSFand GVC ran nutritional centres for malnourishedpeople predominantly from Bujumbura Rural. Displacedcommunities tended to form around the centres,and the centres were on occasion subject tomilitary attacks owing to the government’s alleged fearof infiltration by rebels into these areas. Young malecivilians of fighting age were often the main targets ofgovernment troops; therefore, it was not consideredsafe for them to remain in or around nutritional centres.Consequently, although the centres generally providedwet rations, take-home rations were provided tomalnourished young men.FP227 Helping Identify Who Is Vulnerable WithinIDPS Populations and Where They Can Be LocatedThrough Data AnalysisBy the mid-1990s, the Angolan crisis had led to overone million displaced persons within the country.We want rights for Afghan men,too. One man told me that hehadn’t laughed for four years.– Afghan female relief workerFamily members are not securebecause draft age males are notsafe. We need to speak aboutvulnerable families.– an Afghan relief workerMen’s rights in Afghanistan arealways neglected. Men areinsulted, beaten or imprisonedbecause they don’t have a beard.This is not our tradition.– Afghan female relief workerCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 175

FP228 FP229 FP230Support us where we are strong,not where we are weak.– An older woman in Rwanda, toHelpAge InternationalOne of the tragic outcomes ofarmed conflict and flight is thebreakdown of family and societalstructures, leading to thebreakdown of traditionalprotections for the vulnerable.Older people are the ‘standardbearers’ of the community. Oncerespect for their wisdom andauthority has diminished, thethread of culture begins todisintegrate. When the fabrictears, the labour of wholegenerations striving toward abetter life may be lost.Information about the location and condition of thedisplaced persons was fragmented. The government’sNational Institute of Statistics, with the support ofUNICEF and the United Nations Development Programme(UNDP), conducted a multi-province sociodemographicstudy of IDPS in cooperation with theNational Union for the Total Independence of Angola(UNITA). By looking at the data in relation to genderand age, the study alerted agencies to concentrationsof women, teenagers and girls who were vulnerable.The findings permitted more precise targeting of programmeefforts to ensure that women’s status andviews were considered. It was discovered that in thecase of one province, women headed some 63% of thehouseholds. Because such data may be misused byauthorities in some situations, caution should be usedto ensure that no one’s security will be compromisedby the collection or sharing of specific informationregarding the numbers, status and exact location ofgroups.FP228 Helping Demobilised Soldiers Return HomeIn Ethiopia, following the overthrow of the Mengisturegime (1991), tens of thousands of members of thearmed forces based in northern Ethiopia were demobilisedby the new authorities and began to go homeby foot. The men were in a situation of extreme destitutionso the ICRC and the local Red Cross launched alarge-scale assistance programme (including the setupof transit camps and the provision of medicaltreatment, food, water, clothing, etc.) The men werealso provided transport to return to their homes. Morethan 240,000 men were taken back to their places oforigin.FP229 Special Programmes Can Be Developed to SupportDisabled People and Promote Awareness of TheirRightsThe Comprehensive Disabled Afghans Programme,part of the P.E.A.C.E. Programme in Afghanistan, hasnot only provided rehabilitation services to disabledpersons, but has supported the development of disabledpeople’s organizations to advocate for disabledpersons. The programme worked toward the reintegrationof disabled persons (who have often been isolated)into the society. Five regional programmes wereestablished, each providing physical therapy, occupationaltherapy, home-based training for daily living,and special education for disabled children. The programmesused local resources and local methods ofrehabilitation, working closely with shuras (local decision-makingbodies) where they existed and creatingcommunity-based rehabilitation committees wherethey didn’t. This approach helped revive traditionalhelping mechanisms that had been disrupted by thewar.Since the rights and needs of disabled people areoften ignored by their own families, community educationis an important part of the programme. Islamicprinciples related to the treatment of the disabled wereused in Afghanistan to emphasise rights and the mullahs(religious clergy) were asked to deliver speechesabout these rights in the mosques. A local scholar washired to develop a tool to approach the rights of thedisabled by identifying relevant passages from theKoran and other Islamic sources.Home visits were an important part of the programmebecause disabled persons were often kept isolatedat home. One of the most effective staff memberswas a disabled man who was injured by a land mine. Hispresence was both inspirational and non-threatening topeople who had been isolated from the community.FP230 Requesting the Release of Older People Held inDetentionWhenever possible, the ICRC requests the release ofvulnerable categories of detainees, including the elderly.In 1992,during the conflict in Cambodia, theICRC secured the release of elderly detainees on theoccasion of the Khmer New Year. In July 1998,inRwanda, the authorities released a number of elderlydetainees from Kibuye and Nyanza prisons. Shortly176

Croatia, 1993An elderly man in an IDP camp in Croatia found new hope when theIFRC supported him in developing a cottage industry making and sellingbrooms. He also taught others his craft and regained a sense of prideand accomplishment.© D. PAULCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 177

FP231 FP232 FP233We lost some ground with theloss of respect for the elderly.Communists – and then themujahidin – told people ‘Yourparents are ignorant.’ Childrenwent off to fight and the nextthing was that they weresupporting their parents – this isbackwards!– Afghan relief workerafter the hijacking of an aircraft by an oppositiongroup in Colombia, the ICRC secured the release of acertain number of hostages, some of whom were elderly,following repeated representations to the group’sleaders.FP231 Involving Community Elders in the Screening ofAsylum Seekers May Help Ensure a Fair RegistrationProcess During a Mass Influx – and Reinforce Respectfor Older People to SocietyDuring the early days of a new influx of Eritrean asylumseekers into Sudan, the UNHCR office in Kassala,Sudan, realised that there was fraud in registrations ofnew asylum seekers (some were Sudanese posing asEritreans and others were Eritreans seeking to registertwice). In order to address this issue, the UNHCR officeset up a screening committee that included eldersfrom the refugee community, UNHCR officials andgovernment officials. This programme enabled theengagement of older refugees together with the hostcommunity and permitted assistance to be reservedfor those for whom it was intended.FP232 Going to Where They Are: The Right of OlderPeople to Protection and Assistance Can Be Supportedby a Home Visiting ProgrammeSince the Kosovo crisis began, age has been no protectionfrom violence and harassment. HelpAge International,a global network that focuses on the needs andstrengths of the elderly, initiated a home-visiting programmein coordination with other agencies in thecity of Pristina. The programme seeks to ensure thatolder people from minority ethnic groups receivewarm clothing, meals and medical attention in theirhomes.HelpAge International also renovated the facilitiesof the Gerontoloski Centre, which provides care forfrail and vulnerable people from all communities. Thiscare centre for the elderly is the only facility in Kosovothat provides long-term care for older people unableto care for themselves. The residents are predominantlypensioners, many with senile dementia, andothers are physically or mentally disabled. Of the 200residents, 40% are Serb, 15% are Roma/Croat ormixed, and 45% are ethnic Albanian.FP233 Helping Older People Unable to Flee DangerZonesDuring the conflict in Bosnia and Herzegovina, olderpeople were regarded as particularly vulnerable, especiallywhen atrocities were being committed againstminority groups. The ICRC reached elderly and isolatedmembers of minorities through its food-aid programmes.The combination of assistance andprotection activities enabled delegates to visit theseelderly people regularly without drawing attention tothem. During the visits, the ICRC collected informationabout problems relating to the protection of thegroups concerned so as to make the necessary representationsto the relevant authorities. In the Dvor area,where only a few elderly Serbs remained, for example,an ICRC health delegate conducted an intensive healthcare/protection programme for six months.178

E. Practices to Promote StaffSecurity & Protect HumanRights DefendersFP234FP235In the humanitarian context, the issue of staff securityis closely related to the desire to increase presence onthe ground in order to effectively meet the needs ofthe civilian population. Put another way, investmentin measures to protect humanitarian staff is criticalnot only for their personal safety but also to ensuretheir ability to remain and continue work that willenhance the protection of the populations they serve.When staff is attacked or threatened, their access toand ability to protect the rights of the civilian populationis obviously negatively affected.Unfortunately, some perpetrators have deliberatelyattacked, threatened, and even murdered humanitarianand human rights workers in order to continue tocarry out violations of international law without interferenceor witnesses. They have also used the pretenceof security concerns to deny access.The issue of impunity becomes important in termsof justice for acts committed and the need to create adeterrent effect. Attacks on staff and the local population,if tolerated, only embolden perpetrators. Currentjurisprudence on universal jurisdiction for seriouscrimes, national processes for prosecution, as well asthe future International Criminal Court will beimportant in this regard.A community-based approach to security issuesappears to be among the most successful approaches.It is very difficult to have good security measures inplace unless personal relationships on the ground aregiven critical importance.FP234 Regular and Direct Contact (Building Relationships)Is a Key to Staff SecurityThe OLS (see Operation Lifeline Sudan, FP238)humanitarian programme’s security operation insouthern Sudan based in Lokichokio, Kenya, notesthat the biggest key to success of a security programmeis regular and direct contact with commanders in thefield to build trust and clarity. Personal relationships –described as “ a process of communication and consultation”– go a long way toward preventing incidentsinvolving UN and NGO staff.Developing such relationshipscan take time, so frequent turnover of securitystaff is avoided whenever possible.FP235 International Accompaniment Has Saved theLives of Many Human Rights DefendersThere are many examples of the use of internationalaccompaniment to protect the lives of human rightsdefenders. Here we present only one case, but PBI canprovide additional case examples and guidance relatingto the planning and implementation of such activities(see information about PBI and it’s website in theBibliography).Mario Calixto was the President of the HumanRights Committee of Sabana de Torres, a small townin central Colombia. He was at great risk of attack bylocal paramilitary forces because of his denouncementof human rights violations they had committed. Giventhe threats and attacks against other human rightsdefenders in the community, he was the last remainingperson able and willing to speak out against abusesand therefore the only voice that could be heard out-You must focus on the immediateprotection of internally displacedpersons – and their leaders, whoare often targeted.– Leader of an IDP coalition inColombia, addressing a group ofAmerican humanitariansThe human rights of the averagecitizen are in much greaterjeopardy when civil rights lawyersare killed with impunity; thethreat to the unknown labourerrises dramatically when tradeunion leaders are ‘disappeared’;and peasants or indigenouspeoples fighting for land rightsare more likely to be brutalisedwhen their spokespeople arearrested and tortured.– Laurie Wiseberg, 1991The security of nationalpersonnel is still a problem andthere is not a lot of confidence inthe UN to help us.– Afghan relief workerCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 179

FP236 FP237Security officers should get stressdebriefing – they may have to goin and get people out – and [as asecurity officer you know that]their lives depend on you.– a field security officer,southern Sudanside regarding the human rights abuses being sufferedby the displaced population. On the evening of 23December 1997,two armed men came to his house andbegan to intimidate and threaten him. They asked himto go with them – the method widely used in Colombiato ‘disappear’ and then kill human rights defenders.Fortunately, however, two members of PBI werepresent; they had been accompanying Mario on a regularbasis for several weeks. They intervened and askedthe gunmen to leave, which they finally did, appearingvery unsure of what the consequences of acting beforeinternational witnesses (the only foreigners in thissmall town) might entail. After this incident, Marioand his family felt forced to leave for another part ofthe country, but Mario continued his human rightswork… good news in a country where dozens ofhuman rights defenders are killed every year. PBIpoints out that the combination of the presence ofinternationals familiar with a local situation (and whoare in constant contact with a variety of actors, includingmilitary and civilian authorities) with the frequentlyencountered uncertainty of the perpetratorsabout how to act in the presence of witnesses can be avery effective protection strategy.FP236 Food for Work to Support Human RightsDefendersIn Angola, the NGO Trocaire has teamed up with theHuman Rights Division of the UN Office in Angolaand WFP to build human rights awareness andimprove communications between civil society andstate institutions on human rights issues. The projectinvolves the training of people as human rights promotersand counsellors who then work with targetgroups (schools, churches, IDPS,street children,women’s organizations, police, military and othermembers of the community) to build knowledge andawareness of human rights. The promoters/counsellorsalso provide communities information aboutinstitutional resources available to guarantee rights;ensure better community mobilisation in defence ofrights; improve dialogue between the community andlocal police/justice systems, and reinforce the police andjustice systems (capacity-building). The promoters/counsellors volunteer their services, but WFP providesa monthly allocation of food to support their work.FP237 Protection From the Psychological Effects ofHumanitarian Work in a War ZoneHumanitarian relief workers working in areas ofarmed conflict may witness human rights abuses ormay be in danger themselves. Expatriate staff shouldbe sensitive to the extreme stress that national colleaguesexperience as they have families in danger.Relief from psychological stress is an important componentof the protection of humanitarian field staff,but is often neglected, according to field personnelworking in southern Sudan. Stress counsellors canplay an important role in helping relief workers toacknowledge and address stress, they said – but counsellorswill be more effective if they have field experiencethemselves. It is important for staff to supportone another – and to have an opportunity to burn offsteam if possible. A staff member at the OLS compoundin Kenya (that runs operations into Sudan)remarked that there was a need for some kind of physicalactivity to burn off stress, for example, a squashcourt or swimming pool (that could be used bynational and expatriate staff). While at first mentionsome thought this would only create problems and beseen as UN extravagance, recreational activities forstaff working in a war zone for months on end isimportant and recreational projects could be organisedin a manner that is not ostentatious or expensive.It was noted that staff morale is often low and thatthere is not a strong sense of camaraderie at times tohelp carry one through one’s emotional reactions tothe work. Recreational activities could help promoteteamwork and improve staff effectiveness.180

East Timor, 1999In East Timor, the violence also targeted the UN Mission for East Timor(UNAMET), which had monitored the election process, forcing most UNAMETstaff and some 1,500 East Timorese to evacuate to Darwin, Australia. The abovephoto depicts the burned out shells of four cars sitting in a lot strewn with emptycartons of relief supplies and other refuse in Dili, capital of East Timor.© UNICEF HQ99-1002 ⁄ J. HOLMESCHAPTER 5. PRACTICES ON SPECIFIC GROUPS 181

FP238FP239FP238 Clear Incidents Management and ReportingGuidelines Help Staff Assess SituationsThe WFP in Sudan, a participant in OLS, has developeda set of guidelines for the management andreporting of incidents affecting delivery of assistanceand for the safety of staff and beneficiaries. Incidentsare classified from the less serious general incidents(no immediate effect on WFP operations and no threatto lives); to grave or critical (events that impede WFP’sactivities and/or involve misappropriation of food); tomajor issues (losses that warrant cancellation of a distributionor impede the process of collecting information);to the most serious category, security incidents(events that are potentially life-threatening to WFPstaff in the field and over which staff has no control).Personnel are provided written procedural guidelinesdescribing the levels and the respective steps to betaken at each. OLS Humanitarian Principles Officersare called in immediately in case of any violations ofthe “Ground Rules” by parties and assist in an investigationof the incident. If a pattern of violations of theGround Rules exists, the Humanitarian Principlesofficer intercedes if possible and also informs theauthorities that they are obligated to organise workshopsfor local authorities and others on human rightsand humanitarian principles (see section on OperationalLifeline Sudan for description of the HumanitarianPrinciples Programme and the Ground Rules).court. They were charged with manslaughter or violenceleading to the death of the three UNHCR staffers(charges carrying potential sentences of up to 12 to 15years in jail). Shortly after the trial began, the IndonesianForeign Ministry encouraged UN relief workersto return to West Timor, saying security had improvedfollowing the murders. It was hoped that the trialwould serve as a deterrent to future attacks againsthumanitarian aid workers.FP239 Ensuring an End to Impunity for Attacks onHumanitariansThe West Timor Case: After the killing of threeUNHCR staff members in West Timor who were beatenand hacked to death by East Timorese militiamen inSeptember 2000, the UN Security Council demandedthat the perpetrators of the attack be brought to justice.The attack led to the pullout of all foreignhumanitarian aid workers from West Timor, wheremore than 300,000 East Timorese sought refuge fromthe militia violence that erupted in September 1999.In January 2001, six suspected perpetrators went ontrial amid tight security at the North Jacarta district182

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CHAPTER 6REMEDIAL ACTIVITIES & ACTION TOENSURE ACCOUNTABILITY6

ensuringLebanon, 1992At the Mishmish Education for Peace Camo in the mountains of Akkar innorthern Lebanon, men and women from 17 to 25 years of age participatein a ten-day training session to become peace counsellors.© UNICEF HQ92-1089 ⁄ N. TOUTOUNJI

accountability

IntroductionThe goal of remedial action is to restore dignified livingconditions, a condition that includes elements ofjustice and reconciliation. Public acknowledgement ofwrongs committed and appropriate reparations forsurvivors of injustice are viewed by many as necessaryin order for reconciliation among members of a tornsociety to take place. Humanitarian and human rightsorganizations can play many roles in supporting activitiesrelated to justice and reconciliation.Reconciliation among members of a society whohave fought each other or have otherwise becomeestranged may be extremely difficult, especially inearly stages. Those victimised or otherwise directlyaffected by violations of international law often wantand expect acknowledgement of their suffering, somedegree of admission of guilt, and some form of redressfrom other members of the society who participatedor permitted the abuses to take place. This presents amajor challenge to victims and other members oftraumatized societies as well as to humanitarian andhuman rights organizations. It is one thing to preachforgiveness as an outsider; it is quite another to walkin the shoes of a person whose family members havebeen slaughtered, whose house has been burned to theground, and whose family inheritance (land or othervaluable property) has been confiscated. Sensitivity,patience and humility on the part of humanitariansis important and humanitarian organizations will dowell to seek out the opinions of a variety of persons wholived through abuses prior to setting up programmes.International law is clear on the point that thosewho commit war crimes, crimes against humanity orgenocide must be brought to justice. It is the duty ofStates to hold individuals accountable for atrocities,but when they fail to do so, the international communitymust step in. This responsibility was acknowledgedat the time of the Nuremberg trials, but has beenstrengthened greatly through the creation of the adhoc international criminal tribunals (the InternationalCriminal Tribunals for the former Yugoslavia andRwanda and other developing ad hoc tribunals) andthe new International Criminal Court, whose statuteis expected to enter into force within the next fewyears. It is important that all members of the humanitariancommunity support the concept of individualresponsibility for serious crimes under internationallaw and fair trial rights for suspected perpetrators.A number of societies have chosen to addresswrongdoing through public truth-telling, using a varietyof methods to ensure both public acknowledgementof crimes committed and individual accountability forcriminal acts.Some countries will be more concerned with rebuilding/rehabilitation,at least initially. Getting back tonormal – or as close as possible to normal life, isimportant to all countries coming out of conflict orother upheaval.CHAPTER 6. REMEDIAL ACTIVITIES & ACTION TOENSURE ACCOUNTABILITY189

FP240A. Justice:Ending Impunity“We will ‘Pinochet’ you!”– human rights activist in SierraLeone speaking of the rebel leaderRevelations of genocide andother massacres in several partsof the world highlight theurgency of setting up effectivemechanisms to make sure thatthose who violate human rightswith impunity are brought to trialand severely penalised.– H.H. Prince Sadruddin AgaKhan, address for the ICRC’s‘People on War’ project.FP240 NGOS Lobby Successfully for Expanded Definitionsof Crimes Against Women as Crimes AgainstHumanity and War CrimesTogether with the Women’s Caucus and the NGO Coalitionfor the International Criminal Court, OXFAM lobbiedthe United Kingdom (UK) delegation to theInternational Criminal Court to ensure that the newCourt would be empowered to prosecute and sentencethe perpetrators of sexual violence, which since timeimmemorial has been hidden behind silence andshame, with individual perpetrators and states complicitin blaming the victims of these horrible crimes.Impunity ensured that the devastation of women’slives was considered a by-product of war, and sexualcrimes against women condoned as part of the victorioussoldiers’ spoils of war. The definitions of warcrimes and crimes against humanity now specificallyinclude rape, sexual slavery, enforced prostitution,forced pregnancy and enforced sterilisation. Alsoincluded are other forms of sexual violence constitutinggrave breaches of the Geneva Conventions,opening the way to prosecuting sexual violence astorture or wilfully causing great suffering.Several landmark decisions by the InternationalCriminal Tribunals for Rwanda (ICTR) and the formerYugoslavia (ICTY) have contributed to the change inperception of sexual violence against women duringarmed conflict or during genocide. Jean-Paul Akayesu,an ex-mayor in Rwanda, was found guilty of genocide,and of rape and sexual violence as a form of genocide,the first such conviction under international law. Butinitial charges against Akayesu did not include rape. Itwas due to the intervention of the Court’s only femalejudge, Justice Pillay, and the legal briefs and pressurebrought by women’s groups and individual womenhuman rights lawyers that rape was investigated andnew charges brought. A decision of the ICTY court inFebruary 2001 found three men guilty of charges allrelating to sexual violence; specifically sexual enslavement,and systematic rape and torture – as war crimesand crimes against humanity – another first in internationallaw. 11 This information is adapted from http://www.oxfam.org.uk/policy/gender/99mar/399impu.htm. See the NGO Coalition foran International Criminal Court (CICC) website athttp://www.igc.org/icc for information on the status of the ICCand related links to advocacy and other groups.190

Zaire (now the DemocraticRepublic of Congo), 1997Having recently re-emerged fromthe forest into which they hadfled to escape fighting afterrelief workers' access to theencampments was cut off, aRwandan refugee woman sitsand reads, in a crowded transitcentre near the airport of the cityof Kisangani, where she awaits aUNHCR-led airlift back to Rwanda.© UNICEF HQ97-1093 ⁄ROGER LEMOYNE

FP241B. Truth CommissionsFP241 The Intensive Participation of Humanitariansin the Development of Truth and ReconciliationProcesses Ensure That Important Needs of Familiesand Specific Groups Such as Child Soldiers Affected bythe Conflict Are Given Full Consideration and ThatRich Cultural Traditions Are IncorporatedDuring the late 1990s and early part of the new century,there were extensive debates in East Timor, SierraLeone, Bosnia and Herzegovina, and the FederalRepublic of Yugoslavia regarding the best form oftruth and reconciliation processes to address the specificneeds of each country. The humanitariancommunity played a full part in the debates. Withoutthat participation, many of the issues at the heart ofreconciliation processes would be overlooked. InSierra Leone, for example, childcare agencies havefocused attention on the need to calibrate truth andreconciliation activities to the ongoing and very delicatework of rehabilitation of child combatants. Inboth Sierra Leone and East Timor, it has been recognizedthat all parts of the humanitarian communitymust be invited to participate in discussions, includingand especially grass roots community-based organizations.Grass-roots organizations are the voice of thepeople – it is they who can ensure that proper respectis given to the vast number of healing and reconciliationmechanisms that already exist in local popularculture and provide guidance as to how these might befolded into more formal commissions or other mechanismsthat often occur at the government level.192

C. Reconciliation Projects &ProgrammesFP242FP243FP242 Encouraging Reconciliation Through Musicand a Public Showing of SupportThe Royal Embassy of the Netherlands sponsored amusical concert by two Sudanese musical groups, onefrom the North (Igd Al Galad) and one from the South(Kwoto, a drama and dance troupe). The musiciansand dramatists included children, women and men;Christians and Muslims. The largest concert hall inKhartoum was booked for the opening and the eventwas attended by over a thousand people, includingmany prominent citizens and diplomats. Two otherconcerts were held and were open to the public. Themedia hailed the concert as the most unique event in awhole decade. As the organiser put it, the performanceshowed the possibility of co-existence. Importantly,the concert has served as a springboard for other ideas.A follow-up concert was held in Juba, the main townin southern Sudan.One of the two groups, Kwoto, was established withthe goal of strengthening the identity of IDPS.It drewits members from southern Sudan and Nuba displacedboys and girls living around Khartoum. Its goal was tostrengthen the southern Sudanese identity and to contributeto the Sudanese national culture. Kwoto hasperformed over 200 shows in Khartoum, many ofthem in displaced persons camps.FP243 Combining a Message of Peace with an Educationand Therapeutic Feeding Programme for IDPSIn the Jaba Rone IDP camp outside Khartoum, theNGO Fellowship for African Relief (FAR) created theChild to Child programme to teach concepts related tohealth, education and peace. The programme usedgames, songs and drama to raise awareness about theeffects of war on children and families and to encouragehope for and movement toward peace. While anumber of programmes engage children with the goalof influencing peers, FAR’s Child to Child programmesought to send a message to parents through theirchildren. “The children go home and sing these songsto their mothers,” one facilitator explained. The childrenand facilitators made up the songs themselves.Why do we fight?Why do we fight?The war is a bad thingThe war brings deathThe war brings sufferingIn the Sudan many people have diedOthers have left their houses and children have leftschool because of the warThey are now street boys and street girlsBecause of the warMothers left their housesThey move on the road from place to placelooking for jobsThese women cannot bring the future to their childrenThe children are without a futureOur future is doomedPray hard that peace comesWhy do we fight?In another song, the children sing:You and ILet us go and stop the warCHAPTER 6. REMEDIAL ACTIVITIES & ACTION TOENSURE ACCOUNTABILITY193

FP244 FP245 FP246“Even though war reflects lack ofunderstanding among peoples, itstill concerns us all.” With thesewords the compelling voice ofIvorian singer Ano Mira soaredover the crowd gathered in theopen-air theatre at Abidjan CityHall in Côte d’Ivoire (Ivory Coast).The occasion was a three-daycultural festival organised by theRed Cross Society of Côte d’Ivoirein cooperation with the cityauthorities and the ICRC to markthe 50th anniversary of theGeneva Conventions. Over twodays, 50 of Côte d’Ivoire’s bestgroups and entertainersperformed on the open-air stageduring two non-stop shows ofmusic, dance, theatre andcomedy. In addition, seven artistsshowed their works alongside theICRC’s People on War photoexhibition. Numerous informationand activity stands and (ofcourse) local culinary delightsgave a real fairground atmosphereto the event, which wasdesigned to raise awareness of thelimits that must be placed on war.and live in peace.Say yeah!In the north people dieIn the south people dieTell me why.In the east people dieIn the west people dieTell me why.You and ILet us go and stop the warAnd live in peaceSay yeah!FAR also used songs and games to teach internallydisplaced children about sanitation, hygiene and diseaseprevention. An associated therapeutic feedingcentre for undernourished children and health educationprogrammes for nursing mothers and pregnantwomen emphasised the benefits of breastfeeding, theimportance of immunisations and other methods ofdisease prevention. The NGO also conducted homevisits within the IDP settlement.FP244 Popular Musicians as Witnesses and Advocatesfor Respect for Human Dignity and Principles of InternationalHumanitarian LawIn 1996,five leading African musicians – YoussouN’Dour, Papa Wemba, Jabu Khanyile, Lagbaja, andLourdes Van-Dunem – visited some of Africa’s mostdesperate war zones (Liberia, the Sudan-Kenyan border,Angola and KwaZulu-Natal), where they werehosted by Africa’s reggae superstar Lucky Dube. Followingtheir journey, the musicians held a concert inParis to kick off a campaign being launched in Africafor greater respect for civilians in war through arecord/CD called ‘So Why’, a documentary film, anda book, Woza Africa! (Come on Africa!) Music Goes toWar. The ICRC sponsored the tour and concert.FP245 Reacquainting Soldiers with Civilian LifeThrough the Medium of Music May Help ConvinceThem to Demobilise and Build Confidence on BothSides in the Possibility of ReconciliationThe demobilisation of soldiers is key to rebuilding awar-torn society and promoting confidence and reconciliation.Many months after the peace accord thatwas supposed to end the armed conflict in SierraLeone was signed, only a small percentage of the fightershad volunteered to disarm and rejoin civil society.One provincial official came up with a novel plan tolure rebel soldiers out of the jungles and back intocivilian life: the ‘Peace Disco’. Many observers surmisedthat demobilisation had stalled because bothsoldiers and civilians were afraid of each other: thecivilians feared the soldiers would not abandon theirviolence even if they returned to their towns and villages,and the soldiers feared reprisals or rejectionfrom civilians for what they had done during the war.Those who created the ‘Peace Disco’ thought theycould reduce the anxiety by reacquainting the soldierswith their civilian peers gradually, and in a pleasantsetting. In a country enamoured of song and dance,the weekly dance was particularly attractive to thefighters, most of whom were teenagers and youngadults who had lived through their adolescence in junglecamps without basics such as electricity, much lessmusic. The ‘Peace Disco’ was apparently quite popular– to both civilians and fighters. According to unofficialreports, the disco experience convinced some soldiersto return to civilian life.FP246 Returning Children Across Fighting Lines MaySend a Reconciliatory Message to the Other SideIn Aweil, southern Sudan, a children’s transit centrebecame much more than just a transit centre. Itbecame a place, even in the midst of armed conflict,where people from either side could meet peacefullyover issues of mutual interest. Contacts across fightinglines had been useful in tracing children separatedfrom their families. Over time, these contacts and the194

SudanAn invitation to the concert by two Sudanese musical groups, one from theNorth (Igd Al Galad), and one from the South (Kwoto). The music concertcalled “This War Has to Stop” showed the possibility of coexistence. Theevent was sponsored by the Royal Netherlands Embassy in Khartoum.CHAPTER 6. REMEDIAL ACTIVITIES & ACTION TO 195ENSURE ACCOUNTABILITY

FP247FP248physical space of the transit centre began to serveanother function – it developed as a mechanism forreconciliation. IDPS have upon their return homeused the centre as a safe place to meet those withwhom they wish to re-establish a relationship.In East Timor, a former militiafighter who had turned on hisown neighbours and destroyedthe village school during thefighting of 1999 returned to hishome in 2000. He asked thevillagers for forgiveness. Thevillagers decided to welcome himback on condition that he let hishome be used as a temporaryschool. Once he had fullyrepaired the actual schoolbuildings he would be grantedrepossession of his own home. Heimmediately set about repairingthe school.FP247 Sports Can Provide an Opportunity forRenewed Contact and Mutual GoalsAthletes from all three major ethnic groups in Bosniaand Herzegovina competed together as a team for thefirst time since the war at the Sydney Olympics, andthe athletes expressed their unity. And for the firsttime since the war, in another sports event, two ethnicgroups living in a divided city came together to playsoccer in front of 8,000 fans from both sides.FP248 Confidence Building and ReconciliationThrough Interfaith InitiativesWorld Vision made some initial attempts in Kosovotoward conflict negotiation/mediation, bringing in aninternational Islamic expert who brought togetherMuslim imams and Serb Orthodox priests in thedivided municipality of Mitrovica. Eventually, it isanticipated that all religious groups should take anactive part in conflict resolution. Some participantssuggested that there was a need for a more assertivemedia campaign aimed at tolerance building.196

D. Demobilisation, Disarmament& RehabilitationFP249FP250FP249 Tools for PeaceThe humble tools used for toiling the neglected soilsof Afghanistan are a powerful symbol of hope for thepeople who use them. The steel they are made fromhas been recycled by the Afghans from the carcasses ofRussian tanks and weapons, which still litter the countryside.An international organization has sponsoredmany such workshops in Afghanistan in recognitionof the fact that helping people cultivate their future isas important as emergency relief.FP250 Providing an Incentive to Give up ArmsThat Provides Benefits Over Time May Help ReduceViolence‘Wilde Ganzen’ (Wild Geese), an interreligious NGO inthe Netherlands, works with an implementing partner(Conselho Cristao de Mocambique) in the province ofZambezia in Mozambique to exchange utilitarianobjects such as bicycles, sewing machines, wheelchairs,typewriters and other items for small arms. The projectis called Transformacao de Armas em Exadas.Anarrangement has been worked out with the MozambiqueCouncil of Churches so that those wishing toturn in weapons may do so without drawing attentionto themselves.CHAPTER 6. REMEDIAL ACTIVITIES & ACTION TOENSURE ACCOUNTABILITY197

Sudan, 2001Surrounded by smiling onlookers, a boy grins as he is kissed by a womanrelative after disembarking a transport plane. The plane has brought himand some 60-80 other demobilized child soldiers from a transit camp inRumbeck to the village of Malual Kon to be reunited with his family.© UNICEF HQ01-0358 ⁄ R. LEMOYNE198

CHAPTER 6. REMEDIAL ACTIVITIES & ACTION TO 199ENSURE ACCOUNTABILITY

NotesNOTES

Notes

NotesNOTES

IndexNumbers refer to field practice (FP) number unless otherwise indicated.Aaccess 23, 42, 80, 86, 127, 129, 140, 173, 224national immunisation days (NIDS) 24, 78reaching isolated populations 20-1, 31-2, 35-6, 102, 113, 133, 141,144, 146, 149, 232accountability principle 43, 83-7, 90-3ActionAid 102advocacy 11, 104, 148, 160, 163, 218Afghanistan 8-10, 17, 21, 24, 31, 46, 55, 58-59, 63, 99, 118, 121, 127-8,142, 187, 195, 209, 219, 229, 249agriculture 118, 122, 152Angola 91, 227anti-personnel landmines 58, 134assessment 17, 45, 221-2awareness raising 58-61, 64, 66, 72-73, 75, 126, 134, 165, 169,177, 187-8, 190-1, 193child soldiers 81, 88, 96, 150, 167, 168demobilisation 103, 117-8, 156, 197, 200, 228, 245Commonwealth of Independent States 64-5communication and media 40, 50, 55, 59, 61-2, 73, 103, 112-3, 164,187, 192, 212complementarity 24, see also Chapter 1joint efforts by human rights and humanitarian organisations1, 11, 19, 43, 79mainstreaming 2, 18, 71, 77confidentiality 138contingency and preparedness planning 42Coopi 200co-ordination of humanitarian work 5, 7-10, 171, 218cultural sensitivity 49, 51, 54, 56-9, 61-2, 64, 110, 187-8,192, 198, 242-5, 247INDEXAc–EaBBBC 59, 106Bosnia and Herzegovina 13, 29, 32-3, 79, 106, 129, 169, 175, 179, 180,182, 215, 225, 233, 247British government 12, 66, 240Burundi 5, 32, 35, 157, 226CCambodia 146, 230Canadian government 95capacity building 74CARE 23, 122, 152-3, 166Caritas 200children 12-3, 51, 58, 66-7, 70, 77-8, 81-2, 87-8, 96-7, 104, 125,134, 139, 144-5, 147-8, 151, 153, 161, 167-8, 174, 176, 191, 199-201,204-7, 218, 243, 246civilian objects, protection of 178Colombia 15, 25, 27, 41, 48, 57, 75, 76, 100, 104, 123, 133, 158, 163, 172,199, 213, 221, 230combatant 201DDanish Refugee Council 179Democratic Republic of Congo 176detained persons 67, 173-177, 181, 230disabled persons 229discrimination, prevention of 35, 44, 115, 140, 148, 150-1,see also Chapter 1. A & Bdisplaced persons 20, 131, 208-12dissemination of international law 14, 50-57, 59-70, 72-3, 75, 80,88-9, 102, 110, 229diversion of humanitarian assistance 32, 83, 124-6, 238documentation 112, 158, 160-1, 175, 181, 184-5domestic violence 189donor governments 2, 12, 22involvement in humanitarian and protection efforts 91, 95Dutch government 12Eearly warning 41, 105East Timor 97, 147, 241INDEX 207

INDEXEc–MoECHO 41, 158, 200economic security 122-3, 130, 147, 152, 154-5, 157, 205education, right to 64-5, 68, 144-6, 148-9, 150-1, 153, 161,190-1, 194-6, 205-6, 223, 243Egypt 53-4El Salvador 224employment, right to 152, 156environment, protection of 139, 249-250Eritrea 231Ethiopia 56, 110, 228ethnic cleansing 31, 33, 36, 62evacuation 13Ffamily unity 13, 76, 106, 108, 110-3, 179, 181, 200, 246tracing 70, 202FAO 117FAWE 165Federal Republic of Yugoslavia 36, 69female genital mutilation 191-3fishing 120, 154food aid and food security 10, 22-3, 32, 35, 42, 44, 72, 83, 92,114-120, 125-6, 147, 151, 209, 221, 226, 236, 238, 243food and food security 124, 186forced marriage 189-190forced movements 33relocations 7former Yugoslavia 6fundraising 2, 12IICRC 1, 22, 27, 45, 50, 54, 56-9, 61-2, 64-5, 70, 72, 88-9, 106, 108-110,113, 115, 119, 124, 133, 143, 157, 159, 172-3, 176, 178, 181, 198, 202, 215,228, 230, 233, 244ICVA 6IFRC 89, 135, 202implementation of international law 8, 11, 15, 38, 51-2, 83, 85-7,90, 95, 150, 220impunity 43, 239, 240income generation 114, 118, 121, 123, 153-5, 157Indigenous People 123, 143information management 14, 73, 105-8, 111, 142, 156, 164, 182-3, 202,219, 225, 227, 233internally displaced persons (IDPS) 5, 7, 14-5, 17, 38, 41-2, 45, 48,75-6, 114, 120, 122-3, 130, 144, 148, 152, 154-5, 158, 160-1, 163, 207,213-9, 221-3, 227, 242-3international criminal tribunals 240IOM 155, 169, 171Iraq 131, 198IRC 12, 18, 34, 71, 129, 135, 166, 188, 200JJesuit Refugee Services 189KKenya 62, 166, 190, 192Kosovo 4, 16, 26, 30, 32-4, 74, 98, 134, 136, 138-9, 179, 181, 211,232, 248Kyrgyzstan 7Ggender perspective 137, 142, 151, 165-6, 176, 186, 194-6, 198,226-8Georgia 183Guatemala 155, 204Hhealth, right to 24, 70, 93, 132-3, 135-137, 140-1, 143, 164, 194,198, 205, 226, 229, 233HelpAge International 39, 232HIV/AIDS 12, 132, 135hostages, taking of 172, 230Human Rights Watch 11, 43humanitarian organisations and principles 8-10, 22, 84, 86, 89,93-4, 238Llegal advice 4, 20, 67, 109, 174, 183-4, 204life, right to 25, 163livestock 118-9MMercy Corps International 137MERLIN 93Mexico 143minorities 16, 21, 30-2, 34, 74, 79, 98, 212, 220missing persons 107, 109, 175mobility 102, 113, 133, 144, 146, 149, 158, 223monitoring 11, 23, 32, 43, 46, 225Montenegro 140movement, freedom of 159, 179-180, 217208

Mozambique 250Medecins Sans Frontieres (MSF) 18, 94, 164, 226Nneutrality 86, 100, 172, 178Nigeria 61non-governmental organisations (NGOS) 3-4, 6, 21, 25, 120, 127, 145,240, 243non-state entities (NSES) 84-5, 87-8, 90-1, 118Norwegian Refugee Council (NRC) 14, 20nutrition 125, 226OOffice for the Co-ordination of Human Affairs (OCHA) 22, 59, 83Office of the High Commissioner for Human Rights (OHCHR) 96,169older people 39, 230-3Organisation for Security and Cooperation in Europe (OSCE) 16,26, 182, 225OXFAM 28, 31, 45, 126, 240PPakistan 51Palestinian self-rule areas 141participation of local actors 9-10, 44-5, 75, 85, 90, 99-101, 104-5,116, 128, 131, 168, 186, 194, 197, 199, 203, 231, 234, see also Chapter 1. Bpeace agreements 101-2, 167, 220inclusion of international standards 79-82, 87peace processes 104Peace Brigades International (PBI) 163, 217, 224, 235peacekeeping operations 95-8peacekeepers 43Peru 219police 12, 66-7, 72, 79, 169, 182preparedness 48presence 29-30, 163, 217, 224, 235accompaniment 25of human rights monitors 26of humanitarian workers 27-8, 30-1, 33, 36-7, 141, 173, 209,215-6prevention of harm and violations of international law 7, 26, 29,33, 36, 41, 97, 105, 129, 135, 137, 152, 163, 166, 170-1, 173-5, 204, 208-13,215privatisation of warfare 91promotion of international law and principles 8property, protection of 52, 82, 122-3, 182-5proportionality, based on need 115-6, 176protectiondata collection 41, 43, 45, 142, 201-2, 219definition of 1, see also Chapter 1. Cleadership 1, 3, 5, 7, 46, 71, 77-8, 94, 98, 100, 218linkage with humanitarian action 18-9, 68, 79-80, 84-5, 89-90,94-5, 164, 241, see also Chapter 1. Apartnership in 3-8, 13, 15, 24planning of 38, see also Chapter 1.working group 8psychosocial impact of war 13, 136, 147, 165, 199, 205-7, 237psychosocial care 34Rrapid response 17, 213-4reconciliation projects 34, 69, 74-6, 99, 101, 137, 146, 150, 179-180,200, 212, 241-50Red Cross and Red Crescent Societies 64, 106, 108, 110, 132-3, 228refoulement 175refugees 3-4, 6, 40, 69, 71, 166, 231religion, as an entry point 51-3, 55, 63, 177, 248reproductive health 132, 135, 137Republic of Congo 72, 135Republika Srpska 109returnees 52, 76, 79, 133, 184, 220-5, 246Rotary International 24Rwanda 13, 105, 173, 202Ssafe areas 189, 213-4, 216, 226sanitation 128, 243Save the Children Fund (SCF) 45, 63, 160, 168, 200Security Council of the UN 16, 95-6security of staff 37, 234-7, 239Senegal 191sexual violence 138, 165-6, 189, 240shelter 130Sierra Leone 11, 19, 22, 24, 42, 44, 60, 68, 72, 78-80, 83, 86-7, 91-3, 102-103, 111, 117, 132, 150-1, 156, 164, 167, 188, 197, 241, 245site planning 130-1slavery 167-8, 197Somalia 85, 119, 124Sri Lanka 24, 38, 45, 88, 122, 130, 133, 144, 152-154, 160-1, 178,206-8, 210, 214, 217, 222INDEXMo–SrINDEX 209

Special Representative of the Secretary-General for Children &Armed Conflict (SRSG-CAC) 88, 96standards development 95street children 203-4Sudan 12, 24, 28-9, 40, 49, 52, 66-7, 70, 77, 84, 101, 115-6, 120, 126,145, 149, 168, 174, 177, 193, 196, 201, 203, 205, 218, 231, 234, 238, 242,246sustainability 119Yyouth 34, 64-5, 132, 134, 139, 199INDEXSu–YoTTanzania 166Telecoms sans Frontieres (TSF) 112trafficking 169-71training and learning 1, 8, 12, 48-9, 63, 97, 143, 147, 156transporting humanitarian assistance 23, 42, 92travel documents 159truth commissions 241UUkraine 170United Nations High Commissioner for Refugees (UNHCR) 3-4, 16,32-3, 36, 38, 40, 48, 52, 69, 74, 96, 112, 134, 152-3,156, 159, 166, 175, 179, 182-4, 189, 202, 208, 211, 214-6, 225, 231United Nations Centre for Human Settlements (Habitat, UNCHS) 99United Nations Children’s Fund (UNICEF) 24, 37, 41, 49, 51, 53, 63,66, 78, 81, 84, 87, 96, 111, 133, 138, 146-8, 158, 167-8, 171, 191, 193, 196,199-202, 207, 210, 223, 227United Nations Development Fund for Women (UNIFEM) 82, 166United Nations Development Programme (UNDP) 154, 227United Nations Mission in Sierra Leone (UNAMSIL) 19, 87United Nations Observer Mission in Sierra Leone (UNOMSIL) 43, 87United Nations Transitional Administration in East Timor(UNTAET) 97United Nations Interim Administration Mission in Kosovo(UNMIK) 74Wwater 127, 129West Timor 239women 39, 67, 72, 77, 82, 105, 116-7, 121, 125, 127-8, 138, 153, 170,174, 176, 186-90Women’s Commission for Refugee Women & Children 166World Food Programme (WFP) 22-3, 32, 35, 37, 42, 44, 83, 92, 114, 116,121, 123, 151, 186, 194, 201, 209, 236, 238World Health Organization (WHO) 24, 37, 93, 136, 137-9, 141World Vision 197, 248210

AppendicesAPPENDIX 1. Selected On-Line Resources &Bibliography for Field PersonnelGLOBAL IDP PROJECT(http://www.idpproject.org) provides an internationaldatabase on internally displaced persons, searchableby theme and country. The objective of the databaseis to gather and disseminate information about thepredicament of internally displaced persons and toenable effective advocacy.RELIEFWEB(http://www.reliefweb.int/w/rwb.nsf) provides upto-dateinformation on humanitarian emergencies,reference documents, training programmes and materials,on-line humanitarian community informationcentres, organization directories, job postings,emergency telecommunications information, andmultiple links for information on natural and manmadedisasters. The UN Office for the Coordination ofHumanitarian Affairs (OCHA) sponsors RELIEFWEB.REFWORLD(http://www.unhcr.ch/refworld/welcome.htm)providesdaily news on refugee and humanitarian issues andaccess to newswire services, provides source materialssuch as legal information, UN documents, referenceand teaching materials, bibliographic information,country reports, maps, a research network and valuablerelated links. REFWORLD is also available onCD-ROM. REFWORLD is a service of the UnitedNations High Commissioner for Refugees (UNHCR).THE BROOKINGS PROJECT ON INTERNALDISPLACEMENT(http://www.brook.edu/fp/projects/idp/idp.htm)seeks to improve the international community’sresponse to the global crisis of internal displacement.The site also lists numerous articles and books onthe subject of internal displacement by the UNRepresentative to the Secretary-General on InternallyDisplaced Persons Francis M. Deng, Roberta Cohen,Guest Scholar at Brookings and others.PEACE BRIGADES INTERNATIONAL (PBI)(http: www.igc.apc.org/pbi/index.html)is a grassroots organization that explores andpromotes nonviolent peacekeeping and support forhuman rights. When invited, PBI sends teams ofvolunteers into areas of political repression andconflict. The volunteers accompany human rightsdefenders, their organizations, and others threatenedby political violence. Those responsible for humanrights abuses usually do not want the world towitness their actions. The presence of volunteersbacked by an emergency response network thus helpsdeter violence. In this way, we create space for localactivists to work for social justice and human rights.SUGGESTED HANDBOOKS & REFERENCEMATERIALS TO TAKE TO THE FIELDBuergental, Thomas. 1995. International HumanRights in a Nutshell. St. Paul: Westshing Company.APPENDICES 213

Center for Sustainable Human Rights Action. 2001.New Media Guide for Human Rights GroupsWorldwide. New York: Center for Sustainable HumanRights Action. (Available in English. Spanish, Arabicand French translations in process.)Darcy, James. 1997. Human Rights and InternationalLegal Standards: What do Relief Workers Need toKnow? RRN Network Paper 19. Relief andRehabilitation Network. (Note: RRN is now calledHumanitarian Practice Network, or HPN).Doswald-Beck, Louise and Vité, Sylvain. 1993.International Humanitarian Law and Human RightsLaw, Review of the International Red Cross, no. 293,March 1993, pp.94-119.Gasser, Hans Peter. 1993. International HumanitarianLaw and the Protection of War Victims: AnIntroduction. Geneva and Berne: Henri DunantInstitute and P. Haupt. Available on ICRC websitehttp://www.gva.icrc.org/eng/ihlGutman, Roy and David Rieff, Eds. 1999. Crimes ofWar: What the Public Should Know. New York: W.W.Norton and Company.HelpAge International. 1999. Older People in Disastersand Humanitarian Crises: Guidelines for Best Practice.London: HelpAge International.ICRC. 1983. Basic Rules of the Geneva Conventions andTheir Additional Protocols. Geneva: ICRC.Available onICRC website http://www.gva.icrc.org/eng/ihlICRC. 1998. International Humanitarian Law: Answersto Your Questions. Geneva: ICRC.Available on ICRCwebsite http://www.gva.icrc.org/eng/ihlKalshoven, Fritz. 2001. Constraints on the Waging ofWar.Geneva:ICRC.Mahony, Liam and Eguren, Luis Enrique. 1997.Unarmed Bodyguards: International Accompanimentfor the Protection of Human Rights. West Hartford:Kumarian Press.O’Neill, William G. 1999. A HumanitarianPractitioner’s Guide to International Human Rights.Occasion Paper No. 34. Brown University Thomas J.Watson, Jr. Institute for International Studies.United Nations Children’s Fund. 1999. Children inArmed Conflict. New York: UNICEF.United Nations High Commissioner for Refugees.1991. Guidelines on the Protection of Refugee Women.Geneva: UNHCR.United Nations High Commissioner for Refugees.1995. Sexual Violence Against Refugees: Guidelines onPrevention and Response. Geneva: UNHCR.United Nations High Commissioner for Refugees.1999. Protecting Refugees: A Field Guide for NGOs.Geneva: UNHCR.United Nations Office for the Coordination ofHumanitarian Affairs. 1999. An Easy Reference toInternational Humanitarian Law and Human RightsLaw. http://www.reliefweb.int/ocha_ol/United Nations Office for the Coordination ofHumanitarian Affairs and The BrookingsInstitution Project on Internal Displacement. 1999.Handbook for Applying the Guiding Principles onInternal Displacement.United Nations Office for the Coordination ofHumanitarian Affairs, Inter-Agency StandingCommittee Policy Paper Series No. 1. 1999. Manual onField Practice in Internal Displacement: Examples fromUN Agencies and Partner Organizations of Field-BasedInitiatives Supporting Internally Displaced Persons.United Nations Office of the Secretary General,Guidance from the United Nation’ Secretary-General onthe Observance of International Humanitarian Law byUnited Nations Forces, Bulletin of 6 August 1999.van Brabant, Koenraad. 2000. Operational SecurityManagement in Violent Environments. London:Humanitarian Practice Network. This publicationprovides information about how aid agencies can and214

should protect staff working in crises. Topics includebanditry, kidnapping, sexual assault, landmines, directattack, etc. Humanitarian organizations are urged toengage in contingency planning and to keep aware ofthe changing security picture in the areas they areworking. The need to recognize and manage stress isalso addressed. Importantly, van Brabant makes practicalsuggestions relating to radio procedures, trackingof staff in the field, identification of landmines, etc.Williamson, Jan and Moser, Audrey. 1988.Unaccompanied Children in Emergencies: A FieldGuide for their Care and Protection. Geneva:International Social Service.THOSE WHO WISH TO LEARN MORE ABOUTINTERNATIONAL HUMANITARIAN LAW MAY WISHTO REFER TO:Fleck, Dieter. 1995. The Handbook of HumanitarianLaw in Armed Conflicts. New York: Oxford UniversityPress.Green, Leslie C. 2000. The Contemporary Law ofArmed Conflict. New York and Manchester:Manchester University Press.HOW TO OBTAIN SOME OF THE ABOVEPUBLICATIONS:ICRC publications can be obtained from many ICRCdelegations, or by writing to: ICRC,Production-Marketing-Distribution Unit, 19 Avenue de la Paix,CH 1202 Geneva, Switzerland.E-mail: webmaster.gva@icrc.orgFax: ++ 41 22 730 20 82Center for Sustainable Human Rights Action NewMedia Guide for Human Rights Groups Worldwide canbe obtained for a fee (approximately $20 US) from122 West 37th Street, 10th Floor, New York, NY 10001USA.This handbook is based on experiences ofhuman rights activists and journalists around theworld, with special focus on the Global South–Africa,Asia and Latin America. Topics include understandinglocal and international press, the realities of moderncoverage, choosing the right media strategy,monitoring the media and using the media to promotehuman rights issues and organizations. Thewebsite for the Center for Sustainable Human RightsAction is www.ceshra.org.HelpAge International Publications can be obtainedfrom: Publications, HelpAge International, 67-64Saffron Hill, London EC1N 8QX, United Kingdom.E-mail: hai@helpage.orgWeb: http://www.helpage.org/publicationsOverseas Development Institute/HumanitarianPolicy Group (ODI⁄HPG) publications can be orderedby mail from Overseas Development Institute, ODIPublications, 111 Westminster Bridge Road, LondonSE1 7JD, UK or through the ODI websitewww.odi.org.uk.Humanitarian Practice Network (formerly Relief andRehabilitation Network) publications are availableonline or may be ordered online athttp://www.odihpn.org or write HPN,OverseasDevelopment Institute, 111 Westminster Bridge Road,London SE1 7JD.Telephone: +44 (0) 20 7922 0300Fax +44 (0) 20 7922 0399Email: hpn@odi.org.ukHumanitarianism and War Project publications maybe ordered online at http://www.hwproject.tufts.eduor from: Brown University. Box 1970, Providence, RI02912-1970.Telephone: (401) 863-9384Fax: (401) 863-3808UN Office for the Coordination of HumanitarianAffairs publications: OCHA,United Nations RoomS-3600, E. United Nations, New York, NY 10017 or viaInternet at http://www.reliefweb.int/ocha_ol/pub/index.html. Inquiries relating to materials can bedirected to the Internally Displaced Persons FocalPoint by e-mail at ocha-pdu@un.org or by fax toOCHA in New York at 212-963-1040. The GuidingPrinciples on Internal Displacement can be obtainedfrom the UN Office for the Coordination ofHumanitarian Affairs (UN OCHA,see above). Theyare available on the Internet on the OCHA website, theAPPENDICES 215

Global IDP Database website (see above) and at theBrookings Project on Internal Displacement websiteat: http://www.brook.edu/fp/projects/idp/idp.htm.UNHCR publications can be obtained from manyUNHCR offices, or write UNHCR CP 200, 1211 Geneva2, Switzerland. Telephone: 41 22 739 8111. Some can bedownloaded from REFWORLD.UNICEF’s publications are mostly available on theInternet at http://www.unicef.org/emerg/theme.htm,or you can also write to the UNICEF,Office ofEmergency Programmes, Three United Nations Plaza,New York, NY 10017, USA.Did you know? A directory of internationalorganizations can be found at:http://reliefweb.int/contacts/dirhomepage.html216

APPENDIX 2. Interact! How to Contact Us with YourIdeasThe members of the Inter-Agency StandingCommittee and the Reference Group on HumanitarianAction and Human Rights invite andencourage you to comment on this collection of fieldpractices, add some of your own, and providefeedback on what has worked where.To keep in touch: our interactive websitehttp://www.reliefweb.int/iasc/. The website will havelinks to member organizations of the IASC,humanrights sites, the Global IDP network, and otherprotection-related websites.APPENDICES 217

AcknowledgementsSpecial mention goes to Yasmine Sherif (OCHA), BoViktor Nylund (UNICEF), and Susan Kinsley(independent consultant) for initiating this project,participating in several of the missions and collectingmany of the field practices listed in this publication.Sincere thanks to Diane Paul for participating intwo of the missions to collect field practices, for allthe hard work writing this collection of field practices,and for having integrated all the agencies’comments into the various drafts.The members of the IASC Reference Group onHuman Rights and Humanitarian Action have allspent a great deal of time reviewing the various draftsand providing ideas for issues. They include: ValerieGuarnieri from WFP,Helena Nygren-Krug fromWHO,Bo Viktor Nylund and Silvia Danailov fromUNICEF,Michael O’Flaherty and Matthias Behnkefrom OHCHR,Jelena Pejic from ICRC,EdSchenkenberg from ICVA,Yasmine Sherif and TanyaKaranasios from OCHA, and Rick Towle andAlejandro Cedeno from UNHCR.A great debt is owed to those in the field who sowillingly shared their experiences with the missionteams. Thanks so much to all of you. You haveinspired all who have read of your work by yourcourage and goodwill. The contribution of nationalstaff and NGOS who have persevered under the mostdifficult circumstances despite the risk to them and totheir families deserves special mention. Many thanksalso to the UN country teams who went above andbeyond in facilitating our visits and tolerating yetanother interruption of their daily work.We would like to thank the Government of Canadaand the Government of Norway without whosefunding this project could not have been undertaken,and to OCHA, the ICRC, UNHCR and UNICEF for alltheir contributions. Particular thanks to Iain Levine,Silvia Danailov, Irena Stevcevska, Ayda Eke, and SubaMahalingam from UNICEF for undertaking the coordination,publication and dissemination of this work.Also to Rodrigo Benadon of OKS NEW YORK fordesigning the publication.In addition, a number of individuals were generousin taking their time to review drafts, provide additionalexamples from the field, and assist withproduction issues. Thanks to John Fawcett, LouisGentile, Michael Lindenbauer and UNHCR Sri Lankastaff, Martina Vendenberg, Luis Enrique Eguren,Osama Makkawi, Isabelle De Chezelles, and the staffat the UNICEF Photo Unit.The examples of a number of field practices fromColombia (1999) and Sri Lanka (1998) were adaptedfrom two UNICEF reports by James Kunder,Consultant, and Bo Viktor Nylund, Project Officer,Humanitarian Principles, Office of EmergencyProgrammes: Mission to Colombia with a View toDevelop Best Practices in Internal Displacement andMission to Sri Lanka with a View to Develop BestPractices in Internal Displacement.The examples of field practices from Angola,Guatemala, Congo, and Georgia were adapted fromthe Inter-Agency Standing Committee WorkingGroup, Manual on Field Practices and InternalDisplacement, Policy Paper Series No. 1., 1999.ACKNOWLEDGEMENTS 219