Field-Based Humanitarian Advocacy
A Concept Paper for Merlin
By Cynthia Scharf
January 2003
Scharf Draft 1/03
Table of Contents
1.0 Introduction
1.1 Humanitarianism and Advocacy
2.0 What is Advocacy?
3.0 Why Engage in Advocacy?
3.1 Humanitarian Principles
3.2 Humanitarian Practice in Context
4.0 What are the Benefits and Risks of Advocacy for Merlin?
4.1 Benefits
4.2 Risks
5.0 What Issues does Merlin Advocate On?
5.1 Key Principles
5.2 Identifying Violations
5.3 International Humanitarian Law (IHL)
5.4 Sphere Humanitarian Charter
5.5 Issues of Humanitarian Access under IHL
6.0 From Ideas to Action: Advocacy Issues in the Field
6.1 Providing and Receiving Humanitarian Assistance
6.2 Violence Against Civilians
6.3 Population Movements Within the Country
6.4 Population Movements Across International Borders
6.5 Attempts to Limit Humanitarian Independence
6.6 Violence Against Humanitarian Staff and Property
7.0 How to Collect Information for Advocacy Purposes
7.1 Who Collects It?
7.2 How is it Collected?
7.3 Access and Storage
8.0 From Information Gathering to Advocacy
8.1 Who Decides Whether or Not to Advocate?
8.2 Criteria for Engaging in Advocacy
8.3 Security Precautions
8.3.1 Safety of Beneficiaries
8.3.2 Safety of Merlin Staff
8.3.3 Communications
9.0 Types of Advocacy
9.1 Private
9.2 Semi Private
9.3 Public
10.0 Target Audiences
10.1 Local and National Authorities
10.2 International Institutions
10.3 Donor Governments
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10.4 Corporations and International Business
10.5 Mass Media and the Public
11.0 Designing an Advocacy Strategy At the Field Level
11.1 Possible Courses of Action
11.1.1 At the Private Level
11.1.2 At the Semi-Public Level
11.1.3 Public Action
11.2 Guidelines
11.2.1 Identify the Problem and Propose Desired Changes
11.2.2 Make Yourself Heard
11.2.3 Follow Through
12. Advocacy at Merlin Headquarters
12.1 Criteria for Undertaking Advocacy
13.0 Designing an Advocacy Strategy At Headquarters
14.0 Final Comments on Advocacy and Assistance
Appendices
1.0 Additional Resources
2.0 Reference Documents
2.1 International Human Rights Law
2.2 International Humanitarian Law
2.3 Principles of Conduct for the International Red Cross and Red Crescent
Movement and NGOs in Disaster Response
2.4 Sphere Humanitarian Charter
3.0 Sample Witness Statement Form
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Field-Based Humanitarian Advocacy
A Concept Paper for Merlin
1.1 Introduction
The goal of this document is to provide Merlin staff with the tools needed to conduct
field-based advocacy in support of our beneficiaries’ security and well-being. This
paper obviously does not presume to forecast the details of every advocacy situation
that might arise in the field. Instead, it provides some basic concepts, principles and
guidelines, which local field offices can use and adapt to their specific circumstances.
1.1 Humanitarianism and Advocacy
Merlin stands in solidarity with those who suffer from war, violence, disease, disaster
and deprivation and are in need of timely medical assistance. As a humanitarian
organisation, Merlin subscribes to the fundamental principles of impartiality,
independence and neutrality that are the foundation of our work.
Merlin’s mandate is to provide medical assistance to populations at risk. In and of
itself, however, such assistance is an insufficient response to human suffering when
the lives and physical security of those whom Merlin assists are in jeopardy. We
reject the complicity of silence that enables perpetrators to commit acts of violence
and intimidation against civilians in a climate of impunity. In cases such as these,
Merlin believes it is our obligation as humanitarians to address those external
conditions that imperil our beneficiaries and render our assistance necessary in the
first place.
For Merlin, advocacy emanates from a position of medical ethics and humanitarian
imperative. We are not lawyers or human rights specialists, but medical professionals
who feel a moral obligation to bear witness to the suffering of those whom we serve.1
We believe that all civilians have a right to protection and assistance, and we commit
ourselves to uphold these rights in accordance with the principles of the Geneva
Convention and the Code of Conduct for the International Red Cross and Red
Crescent Movement.
Advocacy represents a tool by which to link relief and protection activities into a
cohesive operational framework. Merlin’s advocacy efforts are driven by the needs of
its beneficiaries and undertaken with their security and well being our first priority. At
all times, our primary accountability is to those whom we serve. Through advocacy,
we call upon the relevant authorities to uphold their obligation under international law
to protect and provide for civilian populations. We also advocate for the right of
humanitarian actors to access and assist these populations in order to satisfy their
basic right to life with dignity.
Advocacy compliments Merlin’s core work in medical assistance by offering another
means of alleviating the suffering and protecting the physical security of our
beneficiaries. Through advocacy, Merlin can address the very conditions that make its
aid necessary in the first place, including access and protection issues that are central
to its relief activities.
1
See, for example, Merlin’s Code of Conduct for Individuals
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Silence on the part of international agencies in the face of ongoing abuses represents
complicity with the aggressors and a betrayal of victims’ right to assistance. In
rejecting this stance, Merlin stands in solidarity with the victims of suffering, and will
advocate on their behalf when their lives, security and physical well-being are
threatened.
2.0 What is Advocacy?
Definition: Advocacy is using information in a strategic manner to make arguments
seeking to change the policy or practices of local or national authorities, governments,
parties to an armed conflict, international institutions, corporations, donors and/or the
public at large.
The foundation of Merlin’s advocacy work is current, verifiable information from the
field in the form of medical data, interviews of patients and other interlocutors, the
testimonies of staff and patients, as well as field knowledge acquired by Merlin staff.
Objective: In all cases, Merlin’s goal in utilising advocacy is to better protect and
assist its beneficiaries, e.g., civilian populations who suffer from violent conflict,
disease, disaster, displacement, and/or violations of international humanitarian and
human rights law. Oftentimes access to vulnerable populations is blocked, violating
international law and putting the lives of civilians at risk. Increasing access to
populations in need will be a key objective of our advocacy efforts.
Focus: The audiences, messages, and methods of Merlin advocacy will vary
depending on the objectives Merlin sets for itself. In all cases, however, Merlin’s
advocacy efforts will be beneficiary-focussed, eschewing broad thematic or global
campaigns to focus on the specific humanitarian and protection needs of those whom
it serves. Merlin will not endeavour to address human rights concerns that go beyond
the principles, practices and rights accorded to it under international humanitarian
law.
This being said, Merlin reserves the right to speak out when egregious violations of
the principle of humanity – genocide, torture, extra-judicial killings, disappearances –
impel it to bear public witness as a humanitarian organisation.
Improving the safety and well being of populations at risk is the focus of Merlin’s
advocacy efforts. Advocacy is undertaken for the purpose of protecting the life and
improving the security, health and basic human rights of Merlin’s beneficiaries, and
promoting respect for the principles of independence, impartiality and neutrality that
guide its work.
3.0 Why Engage in Advocacy?
Both principles and practical realities underscore the need for advocacy.
3.1 Through advocacy, Merlin seeks to advance the fundamental humanitarian
principles that underlie its assistance programs:
Humanitarian principles:
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1. Independence – The independence of humanitarian actors is under increasing
threat of ‘mission creep’ by western militaries espousing the oxymoronic idea
of ‘military humanitarianism’. Merlin rejects this fallacious concept and will
continue to push for the strict separation of politics from humanitarian
activities. Merlin’s advocacy in this area will stress the need for complete
operational independence from political pressures exerted by donors,
governments and/or militaries. Merlin strictly repudiates any efforts to induce
it to act as a tool of any government’s foreign policy.
2. Impartiality – Merlin has a humanitarian obligation to provide assistance
wherever it is most needed. Obtaining unimpeded access to at-risk populations
is therefore of fundamental importance to Merlin’s operations, and will
constitute a key focus of Merlin field-level advocacy.
3. Neutrality – In advocating on behalf of the victims of suffering, Merlin will
continue to maintain a stance of strict neutrality.
3.2 Practical Context: The context in which humanitarian agencies operate today is
more fluid, chaotic and dangerous for our beneficiaries as well as staff. Advocacy has
become an increasingly important tool of humanitarian engagement as a result of
changes in the international arena.
1. The proliferation of non-state actors (local militias, rebel armies, terrorist cells,
separatist groups): In many cases, these actors do not adhere to or uphold the
tenets of international law. Many of the conflicts that spark humanitarian crises
(Congo, Ingushetia, Somalia, Sierra Leone, Angola, etc.) involve these poorly
defined, fluidly configured non-state actors. Their understanding of humanitarian
principles, as well as their own obligations to civilians under international law, is
poor at best. At worst, they actively obstruct or target humanitarian agencies
operating under in their areas of control. In this context, advocacy is necessary to
educate/inform all parties to a conflict of their obligations under international law
to protect and provide for non-combatants.
2. Displaced populations: The existence of some 39 million displaced persons in the
world today means that huge numbers of civilians exist in a grey area of
international law in which it is unclear who assumes responsibility for their
protection and provision of basic assistance. Humanitarian agencies can help
publicise the conditions in which these displaced persons live, and point a finger
toward local and national and international authorities to provide for their basic
needs.
3. Civilians as the primary victims: The Geneva Conventions stipulate that during
periods of armed conflict, non-combatants are to be protected and treated
humanely in all circumstances. Sadly, this basic principle of international
humanitarian law has been violated repeatedly in modern warfare. Civilians,
rather than non-combatants, are by far the greatest casualties of today’s conflicts,
with women and children constituting the primary victims. Given this context,
advocacy focused on the physical protection and basic physical and mental well
being of civilians is increasingly imperative. For Merlin, such advocacy forms an
integral part of its humanitarian mission as stipulated under international
humanitarian law.
4. Challenges to humanitarian independence: The US-led ‘war on terrorism’
threatens to compromise further the operational independence of humanitarian
agencies. The encroachment of military and political actors on what has been
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termed “humanitarian space” began in Bosnia and developed apace in Kosovo and
Afghanistan. Humanitarian agencies must strictly separate themselves from the
aims and operations of any military intervention, and adamantly reject any
insinuation that agencies might serve as a ‘force multiplier’ for donor
governments. Advocacy on behalf of the principle of humanitarian independence
is an increasingly necessary responsibility for all humanitarian organizations,
especially those like Merlin who are based in countries that may well be parties to
a conflict.
5. Selective adherence to international law: The ‘war on terrorism’ is also
undermining attempts to uphold international humanitarian law (IHL), which was
designed to protect civilians from the worst excesses of war. IHL also outlines our
rights and responsibilities as humanitarian actors in situations of conflict. The
‘war on terrorism’ has legitimized a selective adherence to IHL and subordinated
legal guarantees for civilians to the overall aims of military forces, which have hid
behind the anti-terrorism label while committing abuses (in Afghanistan,
Chechnya, Israel, Pakistan, and China, for example).
4.0 What are the Benefits and Risks of Advocacy for Merlin?
4.1 Benefits
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Advocacy challenges the causes of humanitarian suffering in addition to the 4.0
ymptoms by advocating for greater protection and access to populations in
distress. Emergency assistance only goes so far if the life that is saved is in
continued peril due to the absence of adequate protection.
Advocacy derives from and compliments Merlin’s programme experience. It
provides us with a tool for making a more sustainable improvement in the
security, health and well being of our beneficiaries.
Advocacy can increase Merlin’s profile with local and national authorities and
bolster chances of negotiating access to vulnerable populations.
Advocacy can help build local partnerships in the field, while aiding in the
creation of NGO coalitions and contacts in the west.
Advocacy can contribute to a more informed and engaged constituency, and has
the potential to heighten Merlin’s profile among donors, NGOs, and the public.
As the U.K.’s only medical relief agency, Merlin is in a unique position to affirm
publicly to a British audience (donors, lawmakers, the public) the principles of
independence, impartiality and neutrality that are the foundation of Merlin’s work
as a humanitarian agency.
If Merlin fails to advocate on a specific issue, it might damage its credibility (e.g.,
if it failed to speak out about genocide, massive abuses or refoulement policies
carried out on its direct beneficiaries).
4.2 Risks

If advocacy creates the perception that Merlin is no longer neutral, local parties to
a conflict could restrict or hinder access to vulnerable populations. Potentially
Governments/rebel factions could construe advocacy as a breach of Merlin’s
neutrality in a local conflict. This could lead to greater security risks for Merlin’s
beneficiaries as its field staff, particularly national staff.
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Merlin could be expelled from a region or country. In either case, Merlin would
fail to reach those who need assistance.
If local parties to a conflict believe Merlin is collecting evidence/testimony that
could be used against them (documentation of killings, rapes, other abuses), then
Merlin staff and/or its facilities could be targetted for retaliation.
Advocacy could divert scarce resources (especially staff time) away from the
direct provision of medical relief.
At present, no staff is assigned specifically to advocacy within Merlin
headquarters. Any follow-up to field level advocacy will be the responsibility of
already over-burdened desk officers or the communications department, which is
not yet set up to co-ordinate advocacy work.
5.0 What Issues Does Merlin Advocate On?
In general, Merlin field staff will initiate advocacy on concerns that arise from
humanitarian principles (impartiality, independence, neutrality and humanity) and
violations of international law (humanitarian law or the ‘law of armed conflict’;
refugee law, and human rights law).2
First, a few words about our approach. Merlin is a humanitarian organisation guided
by a set of fundamental principles enshrined in international law (specifically,
humanitarian, human rights and refugee law). We are humanitarians first and
foremost, medical professionals, not lawyers or human rights specialists. In
advocating on behalf of those who suffer, we do not pretend to be knowledgeable in
the fine points of international law. We serve on the frontlines of human suffering, not
in the hushed hallways of the barrister’s courtroom. Our advocacy efforts emanate
from a moral stance, not a legalistic one. As humanitarians, our advocacy is driven by
the need to express solidarity with our beneficiaries; it is driven by compassion and a
sense of moral outrage at the oftentimes-inhumane conditions in which they live.
We cannot halt the abuses we witness, but through our advocacy, we can call upon
those who are responsible – governments and all other parties to conflict – to uphold
their obligations under international law to protect and provide for the human
treatment of all non-combatants.
5.1 Key Principles:
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Beneficiaries first -- At all times, protecting the life, security, and well-being of
our beneficiaries is our first priority. Our goal is to make things better, not worse,
for those whom we are seeking to help. We must first ask ourselves if our
advocacy could expose beneficiaries to greater risks, and if so, seek alternative
means of assistance.
Protect your sources (see below for details)
Stick to humanitarian principles, not politics – Merlin is an impartial, nonsectarian organization. We do not take sides or offer commentary on a conflict,
nor do we propose political solutions. Our mandate is to ameliorate the
humanitarian consequences of political failures. At the same time, our
2
See reference documents on international human rights and humanitarian law cited in the appendices.
These documents can be accessed via the ICRC’s website: www.icrc.org
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humanitarianism should not be used as a convenient fig leaf for government
inaction or a substitute for political engagement.
Stay focused – Merlin’s advocacy should be driven by our medical relief
programmes and in most cases, focus on information obtained from or pertaining
to health concerns. Exceptions to this are obvious cases of abuse and violence as
well as egregious violations of international humanitarian law (see below for
details)
Do the right thing-- As humanitarians, we speak from a position of moral concern,
not from specialised legal or political expertise. If you don’t know for certain if
something is illegal -- but you know it’s wrong -- then go with your gut. Talk to
your colleagues and work out the best plan of action to ensure your beneficiaries’
well being.
5.2 Identifying Violations3
Advocacy begins with identifying the problem that needs to be addressed. For Merlin,
these problems generally can be identified by asking the following questions:
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Are there humanitarian principles that are being violated or compromised?
Are there obvious or repeated violations of international law?
Are civilians at immediate grave risk?
First of all, how do we know what constitutes a violation of humanitarian principles
or international law? We are medical professionals and humanitarians, not lawyers,
guided by a moral compass that directs us to action. That compass’s basic points of
reference are located in provisions of international law (humanitarian, human rights
and refugee law), the Code of Conduct for the International Red Cross and Red
Crescent Movement in Disaster Relief (1994) and the Sphere Humanitarian Charter.4
5.3 International Humanitarian Law (IHL)
IHL only applies during armed conflicts (domestic rioting or acts of sporadic violence
are not considered armed conflict) and differentiates between internal (civil wars) and
international conflicts. Significantly, IHL mandates that rules for the minimum
humane treatment of non-combatants apply equally to all sides of a conflict,
governments as well as armed insurgent groups, regardless of who started the
fighting. Neither side needs to have signed the Geneva Conventions for these rules to
apply, nor does the insurgent group have to be officially recognised.
IHL provides protection to certain categories of persons considered non-combatants,
which includes civilians, prisoners of war, and wounded, sick and shipwrecked
soldiers. Among these are:
3 Merlin gratefully acknowledge the contributions of MSF-Holland to the sections on humanitarian
law, the reporting of violations, and numerous other insights that inform this document throughout.
MSF-Holland’s contributions are taken from a manual on witnessing and advocacy prepared by its
Humanitarian Affairs Department.
These documents can be accessed from ICRC’s website (www. icrc.org/eng/party/_gc) or the
reference section of the Overseas Development Institute (www.odihpn.org) See appendix for a detailed
list of recommended reading and reference documents.
4
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 All wounded should be cared for;
 Medical personnel are protected persons. No one may be punished for
carrying out medical activities compatible with medical ethics, nor be
compelled to carry out acts contrary to medical ethics;
 In an international armed conflict, all captured combatants (prisoners of
war) shall be treated equally; have adequate conditions of captivity and be
entitled to inform their relatives;
 POWs shall be allowed visits by the ICRC;
 Starvation of civilians as a method of warfare is prohibited.
 It is forbidden to attack, destroy, remove or make useless objects
indispensable to the survival of civilians, such as crops, livestock, and
water supplies.
5.4 Sphere Humanitarian Charter
In addition to specific provisions of international law, Merlin abides by the Sphere
Humanitarian Charter, which is founded on the following principles:
1. The right to life with dignity – this includes the right to receive life-saving
assistance and to live free of threats to one’s personal security. It further
entails a responsibility to protect and preserve life when it is threatened.
2. The principle of non-refoulement – no forcible repatriation of any refugee
if his/her life, safety or freedom would be threatened.
3. The distinction between combatants and non-combatants – this distinction
forms the basic principle of international humanitarian law (IHL), which is
codified in the four Geneva Conventions of 1949 and their two additional
protocols. The Conventions designate the International Committee of the
Red Cross (ICRC) as the official monitor of how IHL is implemented. Any
questions about IHL should be addressed to the ICRC.
5.5 Issues of Humanitarian Access under IHL
IHL gives humanitarian personnel the ‘right of initiative’ to offer their services during
an armed conflict. While this right does exert moral pressure on a state to accept
assistance, it does not allow Merlin to provide humanitarian assistance without the
consent of the parties involved.
In other words, to access civilian populations at risk, Merlin (and all other agencies)
must obtain the consent of the parties to a conflict.
States may invoke national sovereignty to prevent humanitarian aid from entering
their territory. A state that refuses to allow needed humanitarian assistance, however,
may be violating the basic international human right to an adequate standard of living.
Prohibiting aid in a manner that threatens the life of its intended recipients could be
considered a violation of the right to life.
Under IHL, access may properly be denied if a state or party to a conflict can show
that aid is not provided impartially for humanitarian purposes. Access can also
properly be denied for urgent security reasons, though it may not be denied for longer
than is necessary.
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6.0 From Ideas to Action: Advocacy Issues in the Field
Merlin’s advocacy is driven by our overriding concern for the safety, health and wellbeing of those whom we assist. Identifying violations of international law or
humanitarian principles should not be an academic exercise, but one that is directly
relevant to our beneficiaries’ basic needs.
To simplify the task, we have highlighted below situations commonly encountered in
the field in which humanitarian principles and/or international law are threatened.5
Merlin staff should carefully record what they witness during these situations
according to the guidelines listed later in this document (see section on “How to
Gather Information”)
The examples below break down into six basic situations:
1.
2.
3.
4.
5.
6.
Providing and receiving humanitarian assistance (issues of access)
Violence and indiscriminate attacks on civilians
Population movements within borders (IDPs)
Population movements across borders (refugees)
Violence against humanitarian staff and property
Attempts to limit humanitarian independence
6.1 Providing and Receiving Humanitarian Assistance
Obtaining access to populations in need is one of Merlin’s prime objectives. Access
can be restricted for a variety of reasons (bureaucratic, political, military.). Even if
access is granted, aid can fail to reach its intended recipients due to corruption or
threat of violence to beneficiaries.
This section taken from MSF-Holland’s manual for witnessing and advocacy, which was prepared by
its Humanitarian Affairs department.
5
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Providing and Receiving Humanitarian Assistance
Take Notes and Keep Records when …
 Official restrictions are placed on access to the country, such as refusal of visas,
improper customs duties, prohibitions on necessary equipment.
 Access to specific areas is denied (note if a demand for fees or threats accompany
such refusals)
 Assistance is blocked by government forces or other forces
 Relief assistance is diverted or cannot be properly monitored
 Payment and/or sexual favors is demanded of those receiving aid that is distributed
by local authorities, militias, etc.
 Those in need have difficulty reaching you (note why and how: harrassed,
threatened, too weak to travel, etc.)
6.2 Violence against Civilians
Under international law, civilians and civilian populations should never be the object
of a military attack or threats of violence intended to spread terror. Civilians shall not
be subject to reprisals. Indiscriminate attacks are prohibited. Civilian casualties can
only be excused if they are incidental to an attack on a military target provided that all
precautions have been taken to protect civilians.
VIOLENCE AGAINST CIVILIANS
Take Notes and Keep Records When …
 Possible human rights violations of which you have personal knowledge, including
physical violence, unlawful arrests and detention and infringements of the
freedoms of expression, association, assembly and religion.
 Persons come to you having suffered violations of their human rights, or when they
are afraid their rights will be violated.
 the information cannot immediately be verified. Persons are able to describe
violations against others of which they are personally aware.
 Cases of an urgent nature (threat of killing or torture, “disappearances,” etc.) even
when
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6.3 POPULATION MOVEMENTS WITHIN THE COUNTRY
Displacement of civilians during armed conflict is allowed only when their security is
jeopardized or for urgent military reasons. When the safety of civilians is at risk,
parties to a conflict are themselves obligated to displace civilians from combat zones
and move them to safer areas. Displacement must be for genuinely necessary military
reasons, and not for political reasons (i.e., attempts to control minority populations).
During displacement, civilians must be provided with satisfactory shelter, hygiene,
health, safety and nutrition, and all measure should be taken to keep family members
together.
Under international law, the state retains primary responsibility for IDPs within its
terrority by virtue of the principle of sovereignty and non-intervention.
Population Movements within the Country
Take Notes and Keep Records When …
 IDPs are mistreated by government or other authorities in their camps.
 IDPs in a camp are quarantined or otherwise treated differently from others in the
group.
 IDPs are denied access to basic food, shelter or health care, or payment is
demanded by parties to a conflict for humanitarian assistance that was provided
free of charge by aid agencies.
 IDPs are going to be transferred from one locale to another by government or other
forces. Inquire why they are being moved and the manner in which they are
treated. Are they being adequately provided for?
6.4 POPULATION MOVEMENTS ACROSS INTERNATIONAL BORDERS
Under international law, refugees are to be protected from refoulement (forcible return
to any country where one is likely to face extreme danger, persecution or torture; for
example, the refoulement from Ingushetia back to Chechnya of Chechen refugees). In
special circumstances, usually related to national security reasons, states retain the
power to limit refugees’ freedom of movement. The fundamental rights of refugees
and displaced persons nevertheless are to be respected; for example, they cannot be
subject to arbitrary arrest or detention.
When a mass influx of refugees occurs (as in Zaire in 1994 after the Rwandan
genocide), states sometimes have decided to house refugees in closed or restricted
camps. In these cases, it is imperative that humanitarian agencies be afforded access
to refugee and at-risk populations.
Population Movements Across International Borders
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Take Notes and Keep Records When …
 Refugees (and displaced persons) are mistreated by government or other
authorities in their camps.
 Refugees are threatened with refoulement (forced return to their country of origin).
 Persons not entitled to refugee status (e.g. war criminals and other violent
criminals) are exercising control over the refugees or their camps
 Some refugees in a camp are quarantined or otherwise treated differently from
others in the group.
 Refugees are going to be transferred from one locale to another by government or
other forces. Inquire why they are being moved and the manner in which they are
treated. Are they being adequately provided for?
 A voluntary repatriation plan is being devised by government authorities,
international organisations, or the refugee themselves. Is sufficient information
being provided as to the conditions in the home country?
6.5 ATTEMPTS TO LIMIT HUMANITARIAN INDEPENDENCE
Military peacekeeping forces have become an increasingly common presence in many
of the areas Merlin works, raising questions about the degree to which humanitarian
agencies, military forces and the local population interact. Governments (in particular,
their military and intelligence wings) often have an active interest in the information
Merlin collects in the field, and/or recruiting personnel. As the line between military
and civilian intervention becomes increasingly muddied (Kosovo, Afghanistan, and
likely Iraq), humanitarian agencies including Merlin face the risk that one of their key
principles – independence of action – will be compromised.
Merlin is a signatory to The International Red Cross and Red Crescent Movement’s
Code of Conduct, which states unambiguously that: “We (NGOs)…formulate our
own policies and implementation strategies and do not seek to implement the policy
of any government, except in so far as it coincides with our own independent policy.
We will never knowingly – or through negligence – allow ourselves, or our
employees, to be used to gather information of a political, military or economically
sensitive nature for governments or other bodies that may serve purposes other than
those which are strictly humanitarian, nor will we act as instruments of foreign policy
of donor governments.”6
In Afghanistan, among other places, humanitarian aid workers have been mistakenly
confused with members of the armed forces who, out of uniform, provided some form
of material assistance to the local community. Any confusion on the part of the local
Article four of the “Principles of Conduct for the International Red Cross and Red Crescent
Movement” and NGOs in Disaster Response Programmes. All Merlin staff are expected to have read
and signed this Code of Conduct.
6
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population in distinguishing between soldiers and aid workers means humanitarian
personnel are potential targets of military action.
Limits on Humanitarian Independence
Take Notes and Keep Records When …
 Attempts are made by military or intelligence officials to solicit information
on Merlin’s operational activities (other than general information on transport
safety, airport closures, overall security situation, etc.)
 Attempts are made to recruit Merlin staff for intelligence purposes.
 Members of the armed forces are not clearly identified (i.e., wearing uniforms or
displaying military identification) while providing some form of material
assistance to civilians (e.g., food distribution).
6. 6 VIOLENCE AGAINST HUMANITARIAN STAFF AND PROPERTY
Humanitarian workers and their property are protected by national laws, relevant
provisions of international human rights law and special provisions that may be
provided under a Memorandum of Understanding (MOU) between a host government
and Merlin.
Humanitarian law provides that medical and relief workers have the right to be
“respected and protected” during periods of armed conflict and receive humane
treatment, as do all other non-combatants. In internal armed conflicts, formal legal
protections for humanitarian workers are significantly weaker. They basically have
the same rights as other non-combatants.
Violence Against Humanitarian Staff and Property
Take Note of and Keep Records When …
 Any threat, or possible threat, has been received by your office or any individual
member.
 A member of your office has been harassed, threatened with arrest or the target of
violence by the authorities (or other group).
 You receive information that suggests that your office or that of another
humanitarian agency might be the target of attack.
15
Scharf Draft 1/03
7.0 How to Collect Information for Advocacy Purposes
Merlin’s advocacy derives from the accurate, timely, and readily accessible
information gathered in the field from verifiable sources. The types of information
used may include medical information (e.g., nutritional surveys), witness accounts,
interviews with victims of violations, photographs/video, and physical and forensic
evidence. Information should verifiable. Do not leap to general, sweeping
conclusions based on specific, isolated incidents. Instead, look for patterns of abuse
and/or violations; repeated incidents are more likely to substantiate broad conclusions.
As mentioned earlier, our first concern in advocacy is the safety of those whom we
are there to assist with medical relief. We are there to help – not to make matters
worse. The interests of our beneficiaires must always come first; never undertake any
action that would harm them or jeopardize their security unnecessarily.
7.1 Who Collects this Information? Merlin field staff -- primarily expatriate
personnel, for security reasons -- should collect evidence of specific violations or
breaches of humanitarian law and principles. The information should be based on the
staff member’s direct witnessing of an incident, or the eyewitness testimony of
someone the staff member has spoken with.
7.2 How Is it Collected? All information should attempt to answer the basic 4 W’s:
Who, What, When, and Where, as well as How. (The “Why” is best left for another
forum). Information should be standardized for ease of use. A sample data collection
form is attached as an appendix. In situations where tensions are running high and
Merlin and/or its beneficiaries fear the threat of reprisal, information should be
recorded privately. In general, do not antagonize parties to a conflict by taking out pen
and paper or a camera and recording incriminating information in a publicly
confrontational manner. A public approach should be used only when all other means
of private, direct advocacy have been tried; if the evidence is so horrific that it
demands public witnessing (evidence of a massacre, for example); and/or if the
immediate security of civilians is at stake.
Again, take extra care to remove any names or personal data that might identify and
hence endanger victims or witnesses. Some agencies use a system of codes for
identification purposes.
7.3 Access and Storage of Information: Information is valuable for advocacy
purposes to the extent it is accessible and can be acted upon quickly. Data collected
by Merlin staff on humanitarian/human right violations should be stored in a format
that is standardized and readily usable (standardized data sheets, word files; jpeg
files, etc.). In particular, witness information gathered from beneficiaires should be
kept in a safe, secret place. Files (paper or electronic) should not be kept in the
Merlin field office for obvious security reasons. Merlin’s Country Director (CD)
should know where the files are kept and have access to them at all times.
On a monthly basis (or more frequently depending on tensions in the area) CDs
should read through data collected by the field staff pertaining to the five situations
above. The CD and relevant staff members should then assess the situation on the
ground to see if and how some form(s) of advocacy could improve conditions for our
16
beneficiaires. In particular, be alert to any patterns of repeated violations and/or
egregious abuses that require urgent action.
8.0 From Information Gathering to Advocacy
Identifying a violation of international law or witnessing specific abuses against
civilians (as cited in the examples above) is only the first step. Deciding what to do
with this information is crucial, and involves numerous considerations; again, first
and foremost, the safety and well-being of those whom we are trying to help. Since
we do not presume to anticipate every situation that might arise and lend itself to
advocacy, the following comments are simply a guideline listing the types of
questions and criteria that field offices might consider.
Emergency or Urgent Information: If a Merlin staff member hears and records
information indicating someone’s life is at immediate risk or otherwise in serious
danger, he/she should promptly notify the Country Director. A course of direct
action should then be undertaken. If the Country Director is not available, his/her
deputy should be informed. If a civilian has been detained, try to ascertain his/her
whereabouts and if possible, visit him/her, bringing a doctor with you. Merlin
personnel should not travel to detention centers, military bases, or police stations
alone.
8.1 Who Decides Whether or Not to Advocate? After reviewing all available
information, Merlin CDs will decide if and how to advocate in a given situation.
Field level advocacy on particularly sensitive issues (from the point of view of
politics, donors or extreme emergencies, for example) must be coordinated with the
Merlin London office. The relevant Ops Desk Officer is the first point of contact in
London.
8.2 What Are the Criteria for Action? The following issues should be considered
before deciding whether to take action:
Violations of Humanitarian/Human Rights Law
 How serious and/or urgent are the violations, and to what extent do they represents
a pattern of abuse versus an isolated incident?
 To what extent do the violations directly affect Merlin’s work, programmatic
goals, or medical ethics?
 Have the existence and extent of the violations been established by reliable and
verifiable sources?
Risks7
 What are the risks to the local population of taking action versus not taking action?
 What are the risks for Merlin staff – in particular, members of the national staff
who are always at greater risk for retaliation on the local level?
 If Merlin does not advocate, would that damage its credibility with beneficiaries
and/or the humanitarian community?
7
See the section below on special security precautions.
17
 Is engaging in advocacy going to drain critical resources (staff, time) from
necessary medical activities?
 Is engaging in advocacy putting Merlin’s operational activities in a given
area/country at risk?
What Can Be Achieved



What possibility is there that our advocacy will achieve the desired goal?
Does Merlin have the knowledge or experience to propose a feasible solution?
Does Merlin have some unique, distinctive contribution to bring to the table (new
or relevant medical evidence, inside contacts, a fresh angle to the issue) that other
NGOs or actors do not have?
8.3 Security Precautions
8.3.1 Safety of Beneficiaries: Before undertaking any and all advocacy, Merlin staff
must first determine if any risks to its beneficiaries and/or staff could result.
Safety for the victims of abuse and their families8
1. When gathering information for possible advocacy, make sure those interviewed
understand why you are meeting with him or her. Explain what you are going to do
with the information. (Will the information be publicised or not? What information
about the victim will be used?)
2. Sometimes victims and families want information about their case publicised. At
other times, they want to keep the information quiet because they fear additional
problems. In general (but not always), those at risk are the best judges of the danger
they face.
3. Only publicise information about a specific case if the person or their family
agrees. This is not necessary if the case has already received public attention and if
you can be sure no additional harm can come to the victim or their relatives by
publishing it.
4. Sometimes victims and families will allow the information about a case to be made
public if names or other identifying information is left out (such as village or date
where event occurred). You can sometimes use pseudonyms; give only a partial
description of the place or a general date.
5. Sometimes a victim or their family will permit you to use their names publicly
when you believe it is not safe to do so. It is better to err on the side of safety.
6. Be very careful with your notes and other documentation. In sensitive cases use
codes for names and keep the real names in a separate place (or commit them to
memory).
8
This information provided courtesy of MSF-Holland’s manual on witnessing and advocacy.
18
8.3.2 Safety of staff: As mentioned above, national staff is at greater risk of reprisal
or violent measures if and when advocacy is undertaken. CDs should ensure that
national staff are informed of whatever advocacy measures are taking place at the
field level, and take appropriate measures to safeguard their well being (including
staff rotations if necessary).
8.3.3 Communications: Witness reporting statements and other logged information
used for advocacy purposes should be treated as confidential.9 CDs should have
procedures in place for safely logging, storing, and transmitting (through secure lines
if necessary) sensitive information.
CDs, in conjuction with London HO, will decide whether advocacy information
should be shared with external agencies depending on the objectives, risks and
benefits of doing so.
9.0 Types of advocacy
Advocacy can take many forms and draw on several methods at once. Most people
tend to think of advocacy as a highly public activity, at times verging on rhetorical
grandstanding. This very visible form of advocacy is, in fact, the least common and
least likely advocacy Merlin will engage in. At all times, our advocacy seeks to bring
tangible improvements to the lives of those whom we are seeking to assist.
Advocacy can take place on several levels: private, semit public and public. In
general, the most common form of advocacy that Merlin engages in takes place at the
field level through private, direct advocacy with local interlocutors.
9.1 Private – sometimes called ‘silent diplomacy,’ meaning direct contact with
interlocutors (Ministry of Health, Interior, Justice, other local, regional and national
authorities, rebel leaders, parties to a conflict) through personal discussions, letter, etc.
A key question is who to approach and at what level of authority. All contacts
between officials and Merlin staff, as well as the outcome of those contacts, should be
logged in the data collection forms.
9.2 Semi-private – Advocacy can be conducted in collaboration with other NGOs
and/or medical forums. Merlin information can also be passed on quietly to donors,
other international agencies, or human rights groups working in the area. Similarly,
information might be given – for non-attribution only – to trustworthy members of the
media. Again, Merlin field offices should maintain a written record of all such
contacts even if they are done as third-party advocacy efforts.
9.3 Public – In cases of repeated abuse or egregious violations of international law,
Merlin may choose to issue public statements or position papers, approach members
of the media for attribution, and/or overtly lobby government officials. CDs must
approve any public advocacy initiatives and coordinate such efforts with Merlin
headquarters.
As a last resort, Merlin may decide to suspend or close down a program or withdraw
from an area altogether if it decides that (1) the safety of the population and/or the
staff is seriously threatened; (2) its very presence lends unwanted credibility to the
9
See appendices for an example of a witness reporting form.
19
perpetrators of violence, leading to the perception that Merlin is a silent accomplice to
their violations.
10.0 Target Audiences
Target audiences for an advocacy initiative will vary depending on the issue and
objectives in question.
10.1 Local and National Authorities. A key focus of Merlin’s field advocacy is to
improve access to populations at risk. The most relevant audience for this kind of
advocacy is local authorities at the municipal, regional and/or national levels. Merlin
might also advocate on behalf of improvements in safety and living conditions for
beneficiaries, register its protest over the illegal movement of civilian populations,
violence or threats against the beneficiary population or its own staff. It also may be
beneficial to join with other NGOs and/or local partners to advocate on these issues.
(Field office)
10.2 International institutions (UN agencies, etc). – Advocacy can be used to register
violations of international law and seek redress/apply pressure to stop abuses. (Field
and/or London office)
10.3 Donor Governments – Field and possiblMerlin can utilize the principle of
impartiality (assistance based on need) to advocate with donors for greater resources
and/or protection for vulnerable populations (in particular, those threatened by ‘silent
emergencies’). Merlin could also collaborate with other NGOs to advocate for greater
funding in a CAP (Consolidated Agency Appeal) for a given population or area.
(Field and/or London office)
10.4 Corporations and International Business – Advocacy could be employed to
apply pressure to improve health and protection of civilian populations living near
and/or affected by corporate operations, or to register violations of international law
conducted by corporate entities. (Field and/or London Office)
10.5 Mass media and the public – Public advocacy would draw attention to grievous
violations of international law witnessed in the field by Merlin, and attempt to focus
greater international political pressure on violators to desist. Given Merlin’s limited
resources and mandate, this kind of high profile advocacy, coordinated from the
London office, is not something Merlin expects to engage in frequently. (London
office)
11.0 Taking Action: Designing an Advocacy Strategy for the Field
Merlin’s field staff is likely to encounter numerous injustices and violations of
international law in the course of their work. Merlin cannot take on each issue, nor
should it try to do so. We must be realistic and concentrate our energies where we can
hope to make a tangible, positive difference for our beneficiaries. A
An advocacy startegy begins with identifying the problem at hand based on verifiable,
timely information recorded by field staff. After clearly stating the problem, the next
step is to identify the goal or changes desired to solve the problem. Begin by choosing
20
goals that are achievable – changes in routine practices, policies, administrative
orders, rules, etc. that directly affect our beneficiaries health and safety.
Make sure you have the information needed to back up your arguments. The existence
of credible information recorded in a logbook is absolutely central to any advocacy
effort.
11.1 Possible Courses of Action
The most common course of action will likely be conducted at a private level. Merlin
will advocate with local interlocutors, seeking tangible changes in policy or practices
that directly affect our beneficiaries. In general, Merlin’s advocacy is best initiated at
this low profile level. Higher visibility approaches are appropriate only if the results
from private forms of advocacy are not forthcoming. Emergencies, or incidences of
extreme violation of international law, are obvious exceptions to this rule and require
urgent public action.
The following are among the possible courses of action for field-level advocacy10:
11.1.1 At the private level:
 Oral or written communication with relevant authorities or decisionmakers. This could include local militia and military commanders, camp
authorities, police and interior officials, municipal and national leaders,
international representatives, donor representatives, corporate or business
leaders. Remember that whom one contacts can be more important than
what is actually said.
 Enlisting the support of other community leaders or local NGOs to
influence these decision-makers
11.1.2 At the semi-public level:
 Passing on information collected by Merlin to other trusted organizations:
human rights groups (Amnesty International, Human Rights Watch,
Physicians for Human Rights) or International Institutions (OSCE,
UNHCR, ICRC). All such exchange of information must be approved by
the CD, who will notify the London office. Information can also be passed
along through the London office, not at the field level, if security requires.
 Passing on information – Not for attribution, but on background only – to
trusted journalists. Any such contacts with journalists should be reported to
the London Communications department through the CD.
11.1.3 Public Action: Must be approved by the CD, who will coordinate with
headquarters.
 Official letters to government officials
 Media releases and press statements (the London Communications
department will draft these)
 Issue of reports on a situation or crisis
 Suspending or closing down of a field site or country operation
10
This section provided courtesy of MSF-Holland.
21
11.2 The following generic guidelines can help formulate a plan of action. (See also
sections 12.1 on “Criteria for Undertaking Advocacy” and 13.0 on “Designing an
Advocacy Strategy at Headquarters” for further discussion of these issues.)
11.2.1 Identify the Problem and Propose the Desired Changes
1. Clearly identify the problem: pinpoint the practices or policies that Merlin
seeks to change.
2. Prepare convincing arguments on why this is a problem – your target
audience will not see it as such, and will likely defend his current
practices. Bring all arguments back to improving the beneficiaries’ safety
and well-being: they are the reason we engage in advocacy.
3. Propose specific changes. How does Merlin seek to ameliorate or solve the
problem?
4. Build arguments for proposed changes – again, focus on the beneficiaries
and universal principles of humanity and international law. That being
said, do not hesitate to mention the benefits that might accrue to the
community at large from proposed changes (for example, opening up
access to a closed area will enable Merlin to help reduce the incidence of
infectious diseases, which can effect everyone in the village, including the
local commander and his family.)
11.2.2 Make Yourself Heard
1. Locate the key decision maker and address your efforts to him/her.
2. Seek advice from influential local leaders on how to influence this
decision-maker
3. Invite this person, as well as key community leaders, to visit your
operations and familiarize themselves with Merlin’s work. Educate them
as to Merlin’s humanitarian goals and independent, impartial status.
4. Create a contingency plan if efforts to reach this person fail or Merlin’s
proposed changes are rejected.
11.2.3 Follow Through
1. Suggest a drafting committee be established with Merlin’s participation to
bring about proposed changes
2. Follow through all procedural levels until the policy change is
implemented at all levels. Keep a logged record of changes that do and do
not occur.
3. Thank everyone who had a part in bringing about the changes, and keep
them informed of any progress or setbacks to the process. It’s likely you
will need their help again.
12.0 Advocacy at Merlin Headquarters
Merlin’s advocacy is driven from the field, not from London. In most cases, fieldlevel advocacy initiatives will be best handled through direct, private or semi-public
engagement with the parties involved.
22
Certain situations, however, call for the London office to act in concert with the field
on advocacy. These situations might involve a particularly sensitive, politicized issue
affecting Merlin’s credibility as an organization, or an emergency in which acute,
widespread human rights violations are witnessed by Merlin field staff and demand a
coordinated response with the London office.
The task of the London office is to build on the information and advocacy measures
initiated in the field. Examples of joint field-HO office advocacy include (but are not
limited to): direct approaches to the donor; sharing and coordinating information on a
given issue with other international NGOs for a collective initiative, private
discussions or correspondence with relevant MPs; or a statement for public and/or
press distribution written by the London Communications department.
The CD is the field contact for all advocacy work with London. The first point of
contact in London is the Operations desk officer, who will serve as the conduit of
information should other London staff (Operations Director, Head of
Communications, President) become involved.
12.1 Criteria for Undertaking Advocacy – London Office
The London office will take up advocacy depending on a number of criteria, including
those discussed above that are pertinent for field staff. (See section 5.2 above on
“Criteria for Deciding”). In addition to these factors, other considerations include:








Credibility -- Does Merlin have the experience and knowledge to address the
issue credibly? Conversely, if Merlin does not advocate on this issue, will it harm
its credibility?
Clear objective – Has a clear objective been identified before advocacy is
undertaken? How will progress toward that objective be monitored? How will
Merlin know if its efforts are having a result?
Probability of Change – How likely is it that Merlin’s advocacy will have the
desired result?
Resources – How much effort (ie, staff time and money) does Merlin want to
expend? Who in the London office will work on this issue?
Opportunity Cost – Would advocacy work come at the expense of other tasks
that are necessary to Merlin’s operations? What is the opportunity cost in terms of
other activities not pursued?
Profile and Relationships – Does Merlin have the contacts and/or a reputation in
this area that could be put to use for advocacy purposes?
Links with other Merlin issues – Is this issue related to other concerns Merlin
addresses, or is it a one-off?
Links between Merlin field programmes – Is this issue common to more than one
field site or country? Is it a regional issue that can be addressed by London with
several field offices at once for greater impact?
13.0 Designing an Advocacy Strategy at Headquarters
An advocacy strategy involving the London HO should be built around concrete
objectives that complement and bolster what is being done at the field level. In
designing a strategy, make sure the following questions are addressed:
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1.
2.
3.
4.
5.
6.
7.
What changes does Merlin seek through its advocacy?
Who can make those changes (who is the target audience?)
Who can influence our target audience?
What means do we have of influencing them?
What is our message?
What is the medium most effective for getting out this message?
What resources are required?
As an advocacy strategy gets underway, the London office must make sure to
communicate any progress or significant setbacks with the field through the CD.
Merlin’s field staff are the ones closest to, and potentially affected by, any advocacy
measures. Their involvement and support is absolutely vital.
Hypothetical Example
Issue: Threats to the independence of Merlin field programmes due to western
military encroachment on its operations.
1. What changes does Merlin seek through its advocacy: To halt the US and
UK military from wearing civilians clothes while performing “hearts and
minds” goodwill gestures in the local community – a practice that makes
soldiers and humanitarian workers appear equal in the eyes of the local
population, and thus turns humanitarians into potential targets.
2. Who can make those changes? Political and military leaders. Merlin to
focus only on the UK leadership. At the field level: military commanders
working in the same areas as Merlin.
3. Who can influence our target audience? MPs, the media, possibly major
institutional donors (DFID). At the field level: a coalition of NGOs active
in the region.
4. What means do we have of influencing them? Raising the issue publicly
and among MPs (London office). Direct correspondence and/or
discussions with political leaders (field and London office). Targeted
Merlin publicity on the issue (London office). Joint publicity with other
NGOs (field and London office).
5. What is our message? Humanitarian aid workers are not soldiers, and vice
versa. Confusing these roles jeopardizes our independence and puts our
staff at risk.
6. What is the medium best suited for putting out this message? Merlin’s
website, print correspondence and conversations with MPs, press releases
to newspapers and radio (offer interviews with appropriate Merlin staff);
joint publicity statements with other NGOs.
7. What resources are required: Staff time from Communications and
Operations departments, money for any publicity materials.
14.0 Conclusion. Advocacy and Assistance: Two Parts of a Unified Whole
Advocacy is an integral part of Merlin’s humanitarian mission. As humanitarians, we
offer compassion and impartial assistance, not false hopes or utopian promises, to our
beneficiaries. Today’s humanitarian crises result from a breakdown in political will
and imagination. At Merlin, our task is to ameliorate the suffering that results from
these political breakdowns. We accept that we do not have either the power or the
mandate to stop the conflicts that in the end make necessary our humanitarian work.
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The task of finding a solution to these conflicts is the responsibility of political actors
on the local, national and international level. Humanitarianism cannot serve as a fig
leaf for political inaction, nor is it a substitute for direct political engagement.
What humanitarians can do is combat the complicity of silence that enables
widespread abuses to continue, and point a finger at those responsible for finding a
solution. At Merlin, we are driven by a moral imperative to speak out about the
abuses we witness. Through advocacy, we will continue to challenge the pervasive
indifference, cynicism and moral nihilism that characterise western societies. Through
advocacy, we will also call upon political authorities to uphold their obligations to
protect and provide for civilian populations as mandated by international law.
Assistance and advocacy are part of one, unified humanitarian imperative: to alleviate
the suffering of civilians, irrespective of nationality, religion, gender or ethnicity. In
in so doing, we affirm our commitment to the principle of humanity that underlies our
work in every corner of the globe.
Appendices
1.0 Additional Resources
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
International Committee of the Red Cross (ICRC): “What is international
humanitarian law?”
http://www.icrc.org/Web/eng/siteeng0.nsf/iwpList104/707D6551B17F0910C1256
B66005B30B3
Overseas Development Institute (ODI) and the Humanitarian Practice Network
(HPN). See www.odihpn.org for a list of resources on humanitarian issues.
BOND – A coalition of UK-based NGOs. Website contains extensive materials on
how to carry out an advocacy campaign. Also offers training courses on advocacy.
www.bond.org.uk/advocacy
Crimes of War – edited by Roy Gutman and David Rieff. Easy to read primer on
international humanitarian law. Organized alphabetically for quick reference.
2.0 Reference Documents
2.1 International Human Rights Law
Universal Declaration of Human Rights
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
Convention on the Elimination of All Forms of Discrimination Against
Women
Convention on the Prevention and Punishment of the Crime of Genocide
Convention Relating to the Status of Refugees
Convention Against Torture & Other Cruel, Inhuman or Degrading Treatment
or Punishment
Convention on the Rights of the Child
Standard Minimum Rules for the Treatment of Prisoners
ILO Convention Concerning Indigenous & Tribal Peoples in Independent
Countries
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2.2. International Humanitarian Law
The four Geneva Conventions of 1949 and two additional protocols of 1977
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Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field (Convention I of 12 August 1949)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea (Convention 11 of 12
August 1949)
Geneva Convention relative to the Treatment of Prisoners of War (Convention
III of 12 August 1949
Protection of civilian persons and populations in time of war and Additional
Protocol I, Part IV
Geneva Convention relative to the protection of civilian persons in time of war
(Convention IV of 12 August 1949)
Protection of victims of non-international armed conflicts 1977 (Article 3
common to the four Conventions and additional Protocol II)
2.3 Principles of Conduct for The International Red Cross and Red Crescent
Movement and NGOs in Disaster Response Programmes. Go to www.icrc.org to
access documents
2.4 Sphere Humanitarian Charter
http://www.sphereproject.org/handbook/hc.htm
3.0 Sample Witness Statement Form (provided courtesy of MSF-Holland) – an
form field staff can use to ensure that information is standardized and verifiable.
WITNESS STATEMENT FORM
1
Documentation information
Reference number:
Interviewer:
Location of project:
Type date/location of incident:
Type of account: first or second-hand information:
Type of interview (in private, hospital etc.):
2
Witness information
Witness code:
26
Address/contact person:
Family status:
Position:
Name of victim (if different from witness):
Address/family status/position:
Affiliation, if appropriate:
3
Details of alleged incident
Date and time:
Description of alleged incident/violation:
What happened?
Description of incident/violation including:
Number of victims
Location (map or plan)
Location of (mass) graves
Where wounded persons were treated
Other witnesses
Who did it (alleged perpetrator(s))?
If military:
Description of uniform
unit
command
person in charge
name and rank perpetrator
ethnic affiliation
perpetrator known to victim
type of weapons used...
If not military:
perpetrator(s) known to victim/family/witness
name/organisation
number persons involved in attack
under influence alcohol/drugs
type of weapons used.
Motivation
Was anything said during the attack?
Where was the attack from?
What was the target?
27
Alleged action by responsible authorities (military, police, local officials, etc.)
Signed and dated by the interviewer
28