Humanitarian assistance in Liberia Principles and protocol for operation November 1996 (Extracts)

Session 8: Handout 8.3

Introduction

The complex war in Liberia has, over the last five years, created an environment in which the delivery of humanitarian assistance has been difficult to plan and sustain throughout the country. Security for relief staff, supplies and assets has rarely been guaranteed, programmes commence only to close again due to factional fighting; and humanitarian assistance has been predominantly confined to "safe havens" created by ECOMOG.

All humanitarian agencies have mandates or charters which compel them to react to situations in which populations are in distress. Thousands of civilians are living in areas of Liberia where it is assumed that the need for assistance is high. Thus, UN Agencies and NGOs are continually investigating ways of accessing these populations without undue risk to staff or property.

The complexity of the Liberia situation does not, nevertheless, diminish the responsibility of the international community to uphold certain principles of humanitarian action. These principles have evolved through experience in crises in Liberia, and elsewhere, and are important to respect so that the concept of humanitarianism does not become compromised and diluted.

The following principles and protocols aim to reinforce the ideals of humanitarian assistance and provide cohesion to the international efforts. If all agencies apply the same principles and base their operational activities on them, a much stronger front for negotiating and maintaining access to populations would be created.

Principles

Impartiality: To help without discrimination such as ethnic origins-nationality, religious beliefs or political opinions.

Neutrality: Not taking the side of any of the parties to the hostilities nor supporting any aspect of the conflict.

Independence: To act solely on humanitarian considerations and to be independent of political or military agendas or other nonhumanitarian based pressures.

Consent: The consent of parties to the conflict guarantees sustainable action and safety of all those involved.

Targeted assistance: To engage in effective and transparent operations which are based on evaluated needs and which must be closely monitored.

It is not easy to work according to these principles. The approach is based on continuous negotiation and confidence-building. It needs patience, tenacity and hard and sustained work.

An argument is often forwarded that because of the apparent chaotic nature of the factions, it is impossible to hold strictly to principles; that they need to be flexible to cope with the situation. However, if all agencies apply the same principles to humanitarian aid and base their operations on them, a much stronger front for negotiating access to populations would be created in the long term.

When confronted with the realities in the field, with aggressive armed groups and checkpoints for example, the principles need to be translated into a code of practice or protocols for the specific operating conditions in Liberia.

Protocols

In light of the general principles above, there are essentially four main criteria in a practical sense on which we should be constantly evaluating our work:

Our work should be guided according to need.

We should work where the need is greatest. These needs should be able to be assessed accurately and action not be undertaken on the basis of vague media reports. While factions or even donors or other political bodies may pressure agencies to work in particular areas, the humanitarian agencies have a responsibility to work where the plight of civilians is most severe.

Our work should have independent access - i.e., it should be neutral in respect to political and military concerns.

Negotiations to enable access to work in an area, and maintain that presence, involve three components:

The general humanitarian principles for humanitarian operation should be circulated to faction leaders to be understood as a general template on which humanitarian assistance will be based.

Negotiation for access to particular areas is the responsibility of each agency. Where requested, the humanitarian community can negotiate access on behalf of particular agencies in a broad sense, i.e. the negotiation of the opening of a particular road. However, it is still the responsibility of individual agencies to make personal contact with the factions, particularly when present in the areas under their control.

Recognising the interdependence between humanitarian agencies, they should adhere to standards and protocols of working and agree to discuss problems when they arise.

Escorts.

Retaining independence from the military inevitably raises the question of armed escorts - including those from ECOMOG. The following should guide the use of military escorts:

Unarmed escorts should be minimised and only used where the agency feels they will assist their work. They should not be agreed to as a precondition for entry into an area. This will contravene the independence of the agency.

Armed personnel should not be carried in or on humanitarian vehicles.

The use of armed escorts, including ECOMOG, to accompany humanitarian vehicles should be used with extreme caution. They should never be used without questioning the nature of the humanitarian action, the increased threat to personal security and any distortion of humanitarian neutrality. It will necessarily involve prior discussion between humanitarian agencies. (See ‘Criteria for Armed Escorts’ below).

The use of armed escorts will necessarily lower the risk of property being looted, yet it is likely to increase personal risk for the following reasons:

- by the humanitarian agency being perceived by the faction as allied with the escort and therefore a legitimate target - either at the time or even later,

- by humanitarian personnel being caught in any crossfire which may occur.

There should be no payment for access to any area.

The importation of relief items into an area is a tempting target. A principle is that no payment should be made to bring relief to civilian populations. This applies to all levels from the faction leadership to the level of the checkpoint.

Demands from factions for a "cut" of relief aid should be refused. At all times compensation should only be given for a legitimate service, not as a precondition to working or access. Therefore, should international organizations require implementing partners - either local NGOS, or on occasion, the political wing or ministry of a faction - reimbursement for services should be considered carefully, keeping in mind the principles above.

Payments in cash or kind should not be made at checkpoints to enable passage through. Payment will inevitably be followed by further demands.

Persistent demands for payment will inevitably result in delays and inconvenience. It may be necessary to turn a vehicle or convoy around and abort the mission to avoid payment and return to negotiations.

These demands should not be resisted where there is a threat of injury. However, such a situation should be treated as armed robbery and the incident reported to their "commander" to take action. Other members of the humanitarian community should also be informed.

Humanitarian vehicles should avoid carrying any passengers, with the exception of those who are legitimately injured and needing hospitalization or those concerned with the work of the organization.

The safety of staff and property should be ensured.

The safety of staff is a self-evident pre-requisite. It should also be recognized that the looting of vehicles and property ultimately enriches the factions and contributes to sustaining the economy of war. Questions should be continually asked as to whether the current form of humanitarian assistance benefits the factions and as a consequence prolongs the fighting.

Safety in the Liberian context depends on:

- the image and integrity of the humanitarian community as a whole;

- the manner it conducts itself in the field, and

- the process of obtaining consents and permission which, in Liberia, will necessarily involve personal contacts.

Solidarity.

Too often in conflict agencies take unilateral action which violate agreed humanitarian principles or protocols of operation, often jeopardising another agency’s work or even safety. This type of action will inevitably reduce the credibility of the humanitarian community and threaten its long -term effectiveness, despite any short term success it might seem to produce.

The upholding of an agreed code of behaviour will strengthen the position of all agencies. Where lapses occur, the lack of consistency will provide a "chink" in which further demands will be made.

The agreement to the above principles lies at the heart of a humanitarian agency’s professionalism. They should not be subverted for reasons such as:

- competition between agencies to access an area before another;

- pressure from donors willing to "pay" for a quick humanitarian action;

- responding to the media or politicians which demand, or are expectant of, some form of action or to gain headlines for being first;

- a party offering some advantages to an agency if it is willing to work according to certain conditions;

- to speed up the passage at checkpoints by agreeing to some payment;

- high stock levels in an agency warehouse which encourages a rapid distribution.

Solidarity relies on two things:

- agreement on the principles by the humanitarian community before action is taken;

- adherence to them during the operation and, should any departure from the principles occur, a full disclosure of details of the extenuating circumstances.

Should conditions worsen considerably and a departure from the principles be thought expedient in the face of a massive life saving situation, the proposed humanitarian action will be discussed with other humanitarian agencies and, where possible, a consensus gained.

Criteria for armed escorts.

The exceptional decision to agree or refuse to take an escort should take all of the following criteria into account:

The party occupying and/or controlling the territory through which the convoy will pass, and in which the humanitarian assistance will be delivered, must give its full approval to the principle and modalities of an armed escort;

The humanitarian needs must be great enough (e.g., direct life saving on a large scale without it the victims would undoubtedly die) to justify the use of an armed escort - on each occasion;

The deterrent effect of the convoy must be enough to discourage any attack. An escort should be refused if it is probable that the escort might actually become involved in violence;

The protection afforded by the escort must be against unaffiliated bandits and common criminals, not against organized armed groups or parties to a conflict.