Disaster Relief and Humanitarian Assistance
Humanitarian Negotiation with
Armed Groups
Dr. Paul Forage
IRCC Center for Disaster Relief and Humanitarian Assistance
What is Negotiation?
Negotiation is a process of communication
and relationship building undertaken with the
objective of arriving at an agreed outcome.
IRCC Center for Disaster Relief and Humanitarian Assistance
Why Humanitarian Negotiation?
The Humanitarian Operating Environment Today
 Conflicts mostly take place within States
 Engagement of military forces in relief operations
 Integrated UN peace operations
 Targeting of humanitarian workers
IRCC Center for Disaster Relief and Humanitarian Assistance
Why Humanitarian Negotiation?
The Humanitarian Operating Environment Today
Emerging competition among humanitarian and military actors is
evident in the comment that “[t]he military is dismissive of NGOs and
delving ever deeper into humanitarian programming.”
Meanwhile, the relationship with government - an important source of
funding for non-governmental organizations - presents its own
problems:
“The U.S. Government is obsessed with owning the NGOs through
rhetoric (force multipliers), actions (contracts vs. grants), and
sanctions (prohibiting even emergency humanitarian assistance
through OFAC licensing).”
Guttieri 2005
IRCC Center for Disaster Relief and Humanitarian Assistance
Humanitarian Purpose of Negotiation
Negotiations undertaken by civilians engaged in
managing, coordinating and providing humanitarian
assistance and protection to vulnerable populations
for the purposes of:
1. Ensuring the provision of protection and assistance
to vulnerable groups
2. Preserving humanitarian space
3. Promoting respect for international law
IRCC Center for Disaster Relief and Humanitarian Assistance
Humanitarian Space
 “A conducive humanitarian operating environment” (UN OCHA)
 “Scope for neutral and impartial humanitarian action in the midst
of conflict” (ICRC)
 “A space designed to protect the human rights of those in
danger” “safe areas” (Hikaru Yamashita 2004)
Key Concept
Humanitarian space is a negotiated area designated
for humanitarian action among potential stakeholders
IRCC Center for Disaster Relief and Humanitarian Assistance
Humanitarian Negotiations
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The stakes are high - life and death for vulnerable populations
De facto power imbalance between the stakeholders
Motivations, objectives, operational cultures differ sharply
Commitment to outcome of negotiation may be difficult
Acute time and communication constraints on negotiation
IRCC Center for Disaster Relief and Humanitarian Assistance
The Stakes are High
 Attack fatalities between 1997-2003 resulted from ambush (127)
and murder (72).
 Car/truck bombing (26), landmines (25), anti-aircraft attack (24)
and aerial bombardment (14) were also significant.
 There were more than 70 violent deaths in 2003, doubling the
number in 2002.
 More than half of the victims are local (not expatriate) staff.
Angola (58), Afghanistan (36) and Iraq (32) led the list of the
highest number of aid workers killed from 1993-2003.
IRCC Center for Disaster Relief and Humanitarian Assistance
Strategic Objectives
 The process of negotiation can build trust and confidence
 Negotiations can have a multiplier effect
 HN cannot be used to substitute for political negotiations
IRCC Center for Disaster Relief and Humanitarian Assistance
Tactical Objectives
 To secure humanitarian access to those in need
 To seek agreement on ground rules for activities and behavior
 To secure agreement on operational mechanisms
 To agree on rules and behavior for protection of civilians
 To safeguard humanitarian security
 To secure release of detainees (aid workers)
 To secure agreement on safe areas or safe periods
IRCC Center for Disaster Relief and Humanitarian Assistance
Potential Pitfalls
 Use of force against civilians as a bargaining tool
 Targeting of armed group interlocutors
 Use of negotiation status to enhance legitimacy
 Playing off several humanitarian actors against each other
 Attaching conditions that adversely affect civilians
IRCC Center for Disaster Relief and Humanitarian Assistance
Characteristics of Armed Groups
 Have potential to deploy arms in pursuit of objectives
 Have a group identity and act in pursuit of group objectives
 May not be part of formal State military structures
 May not be under command of State military
 Are subject to a chain of command
IRCC Center for Disaster Relief and Humanitarian Assistance
Characteristics of Armed Groups
 Motivations - reactionary, ideological, opportunistic
 Structure - leadership, organization, autonomy
 Principles of Action - religious, ideological
 Interests - are there shared interests?
 Constituency - popular mandate?
 Needs - organizational, resource, identity
 Ethno-Cultural dimensions and influences
 Control of population and territory
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
 Identify one or more lead negotiators
 Humanitarian negotiations must remain distinct from political
 Agree on process and intended outcomes
 Affirmation of fundamental principles of humanitarian action
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Humanity
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Impartiality
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Neutrality
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
Example of Principle Application
“Our organization cannot agree to distribute
food only to camps under your control
because, as you know, we provide assistance
wherever there is a need”
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
Real World Example
“In order to gain greater access to populations agencies
should explain their roles and mandates…. The
Burundian Army (in 1999) accused the UN of feeding
the rebels, while opposition forces accused the UN of
being too close to the government….”
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
Common Article 3 of the Geneva Conventions
“Persons taking no active part in the hostilities…shall in
all circumstances be treated humanely….”
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
Additional Protocol II of the Geneva Conventions
“…in cases not covered by the law in force, the human
person remains under the protection of the principles of
humanity and the dictates of public conscience….”
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
Six Subject Areas of IHL
Principle of Distinction
Weapons
Protected Persons
Treatment of Civilians
Methods of Warfare
Implementation
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
How Does IHL Help Humanitarian Negotiation?
1.
Defines boundaries within to seek agreement
2.
Frames legal obligations of armed groups
3.
Identifies substantive issues for negotiation
4.
Provides benchmarks
5.
Provides incentives
IRCC Center for Disaster Relief and Humanitarian Assistance
Negotiation Preliminaries
Framing Legal Obligations
1.
Legal basis for holding groups accountable
2.
Awareness not threats
3.
Tribunals do hold groups accountable
4.
Provides entry points for discussion
5.
Cultivation of a positive image
IRCC Center for Disaster Relief and Humanitarian Assistance
Three Phases of Negotiation
1.
Preparation - Coordinate Approach, Decide on
Strategy, Gather Information
2.
Seeking Agreement - Process, Issues,
Outcomes
3.
Implementation - Define Criteria for
Implementation
IRCC Center for Disaster Relief and Humanitarian Assistance
Making Contact
1.
Contact is best facilitated by intermediaries
2.
Intermediaries can include:
Church representatives
Other Humanitarian organizations
Community leaders
Business persons
3.
Intermediaries can be useful sources of
information.
IRCC Center for Disaster Relief and Humanitarian Assistance
Exercise ROE
1. Little or no physical contact
2. Always obey orders (esp. if armed)
3. Follow safety instructions
4. Do not argue - discuss
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Questions?
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