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| Contents: Objectives Method Timing Materials Preparation Activities |
Handouts: Readings: Presentation:
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Objectives At the end of this session, participants should be able to:
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Method Presentation/lecture |
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Timing 1 hour 20 minutes |
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Materials PowerPoint
Slides or Overhead Transparencies 1.1 to 1.11 |
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Preparation Photocopy the handouts and the reading for distribution to all participants. Prepare for the PowerPoint or overhead transparency presentation as described in the Opening Session. |
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Activities Activity
1
Answer key For political reasons it has been very sensitive whether to call a situation an armed conflict or not. When the term complex emergency first came into use, the dichotomy between the East and West was still a reality. The use of language was depending on who was fighting the war, which government provided some type of aid to the government or the non-state entity involved, and who was talking about that situation. In addition, calling a situation an armed conflict may trigger a certain type of recognition for those fighting the government. Giving them recognition would also, under certain circumstances, give recognition to their claims, for example, the right to self-determination. As a result, naming a certain situation a complex emergency has little legal significance and is therefore less political and sensitive. Ask participants to read Handout 1.1: "Definition of complex emergencies". They should take approx. five minutes for the reading. Activity
2 Emergencies are normally based on civil conflicts. Since the end of the cold war the nature of emergencies have changed dramatically. Conflicts are increasingly of an internal nature, exacerbated by uneven social and economic development, religious identities, lack of democratic space, and ethnic versus national identity. In the past when most armed conflicts were international, i.e. between states, armies fought each other, not individuals. While realities have changed, the international legal frameworks still reflect the realities as they were during the two World Wars. At that time, it was clearly a question of an international war between several states and therefore a matter that could be referred to the international arena. It has been much more challenging to "internationalize" civil wars. Some call the trend "privatization" of war and relief, not only because private actors rather than states are involved, but because it is difficult to distinguish between political and criminal violence. In today's internal conflicts, not only are individuals victims of warfare, but they are also perpetrators of violence and genocide. Typical to complex emergencies is the lack of authority and security. National authorities, where they exist, are normally not in effective control of the territory, or control only part of the territory. As a result, there is lack of security both for the civilian population and the humanitarian community. Working in complex emergencies means dealing with government authorities as well as non-state entities, i.e. rebel movements and insurgent groups, and this causes legal and political dilemmas. In some recent crises it has become a rather difficult task to keep track of which party to deal with. In some situations there are so many different warring parties and authorities to deal with, and the situation is so extremely volatile there may be different authorities on different days. Because of lack of "responsible" authority, flagrant violations of human rights and massive displacement are the result. The type of emergencies that are evolving today, are particularly horrific in that human rights are being increasingly violated and the erosion of humanitarian space is endemic. For example, humanitarian agencies are denied access to groups of people who are in need of their assistance. Women and children are not only the victims of war, they have become deliberate targets of warfare. As a result, the numbers of displaced and victims of armed conflicts are enormous, and humanitarian actors face not only financial hurdles, but also legal, moral and political dilemmas. It has been estimated that more than 80% of the victims in today's conflicts are women and children. It is clear that in today's conflicts we are dealing with erosion of traditional values. For example, in all societies children are accorded some level of special protection, but during an internal conflict, those values are eroded by the circumstances. This is also reflective of the changing nature of conflicts. Disruption of infra-structure and economic system are likely to occur. Political aspects give complex emergencies their unique characteristics. Some situations that are described as complex emergencies could also be argued to be, in effect, deep and protracted political crisis engendered by profound social change, or sometimes even the lack of it. Most emergencies stem from the complex interaction among a wide variety of social, economic and political factors. Instability is extremely disruptive to any effort in maintaining an infra-structure that supports society. Roads, movement of services and goods, cash flow, etc. -- all are affected by warfare. In some emergencies it may even be the humanitarian community which lays the basis for an infra-structure and an economic system. This fact carries with it certain responsibilities and duties to act so that the affected population can benefit in the longer term perspective as well. Activity
3 Inform the
groups that they have 15 minutes to complete the task.
Ask the rapporteurs of each group to present their answers to the plenary. Allow 5 minutes for plenary discussion. Answer key For the facilitator, it may be useful to cluster the concerns that come out of the discussion on protection issues in plenary. You can cluster them under the headings of the characteristics of complex emergencies, i.e. make four groups under which most, if not all, concerns should fit. The following are just some examples of frequently occurring protection concerns in complex emergencies, and they are listed in no particular order:
With regard to constraints in addressing protection concerns, these examples will provide the basis for the presentation on protection in the context of emergencies that follows. Listed below are some concerns that may arise in relation to constraints encountered:
Activity
4 Protection in the context of complex emergencies There are a number of definitions of "protection", and in the context of complex emergencies and this manual, we will be using the following definition: The term "protection" entails all activities aimed at ensuring respect and fulfilment of human rights as expressed in international human rights instruments (including refugee law) and international humanitarian law (see also Unit 7). It is important to note, that all activities aimed at protecting the rights of civilians in armed conflicts, must be conducted in accordance with universally accepted humanitarian principles. For our purposes it will be useful to distinguish protection activities in two different categories, namely those activities seeking to address immediate effects of a specific human rights violation (responsive action) and activities which seek to create an environment conducive to respect for human rights (environment building). While the first set of activities are short-term in perspective, they would include preventive action, as well as special protection measures aiming at restoring human rights. The second set of activities are long-term in perspective, and comprise activities such as initiating new pieces of legislation, or training of enforcement officials. It is important to include both types of activities in a holistic manner, although one and the same organization may not be involved in all relevant areas. Activity
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