Humanitarian Negotiation with Armed Groups

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Dr. Paul Forage

IRCC Center for Disaster Relief and Humanitarian Assistance

Disaster Relief and Humanitarian Assistance

Humanitarian Negotiation with

Armed Groups

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What is Negotiation?

Negotiation is a process of communication and relationship building undertaken with the objective of arriving at an agreed outcome.

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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

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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

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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

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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

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Humanitarian Negotiations

 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

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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.

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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

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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

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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

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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

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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

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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

 Humanity

 Impartiality

 Neutrality

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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”

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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….”

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Negotiation Preliminaries

Common Article 3 of the Geneva Conventions

“Persons taking no active part in the hostilities…shall in all circumstances be treated humanely….”

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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….”

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Negotiation Preliminaries

Six Subject Areas of IHL

Principle of Distinction Weapons

Protected Persons Treatment of Civilians Methods of Warfare Implementation

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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

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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

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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

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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.

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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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Humanitarian Negotiation with Armed Groups

Disaster Relief and Humanitarian Assistance

Humanitarian Negotiation with

Armed Groups

What is Negotiation?

Why Humanitarian Negotiation?

Why Humanitarian Negotiation?

Humanitarian Purpose of Negotiation

Humanitarian Space

Humanitarian Negotiations

The Stakes are High

Strategic Objectives

Tactical Objectives

Potential Pitfalls

Characteristics of Armed Groups

Characteristics of Armed Groups

Negotiation Preliminaries

Negotiation Preliminaries

Negotiation Preliminaries

Negotiation Preliminaries

Negotiation Preliminaries

Negotiation Preliminaries

Negotiation Preliminaries

Negotiation Preliminaries

Three Phases of Negotiation

Making Contact

Exercise ROE

1. Little or no physical contact

2. Always obey orders (esp. if armed) 3. Follow safety instructions

4. Do not argue - discuss

Questions?