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