{"id":197720,"date":"2021-08-09T17:49:49","date_gmt":"2021-08-09T15:49:49","guid":{"rendered":"https:\/\/www.myza.co.za\/comply-or-leave-the-dilemma-facing-humanitarian-agencies\/"},"modified":"2021-08-09T17:49:49","modified_gmt":"2021-08-09T15:49:49","slug":"comply-or-leave-the-dilemma-facing-humanitarian-agencies","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/comply-or-leave-the-dilemma-facing-humanitarian-agencies\/","title":{"rendered":"Comply or leave: the dilemma facing humanitarian agencies"},"content":{"rendered":"<div><img decoding=\"async\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2021\/08\/comply-or-leave-the-dilemma-facing-humanitarian-agencies.jpg\" class=\"ff-og-image-inserted\"><\/div>\n<p><em>The Ethiopian government has <a href=\"https:\/\/www.aa.com.tr\/en\/africa\/ethiopia-suspends-3-aid-agencies-for-breach-of-rules\/2324493\">suspended<\/a> the activities of three foreign humanitarian organisations which had been working in the Tigray region. Moina Spooner, from The Conversation Africa, asked <a href=\"http:\/\/www.mukeshkapila.org\/about\/inbrief.html\">Mukesh Kapila<\/a>, a specialist in humanitarian affairs, to provide insights into the challenges humanitarian agencies face and what can be done to better support them.<\/em><\/p>\n<h2>What are the main political challenges that humanitarian agencies face when working in volatile environments?<\/h2>\n<p>Humanitarian agencies are often thrust into the heart of divisive situations. These are contentious crises without easy or quick solutions. Tools we may have turned to before, such as <a href=\"https:\/\/www.europarl.europa.eu\/RegData\/etudes\/BRIE\/2020\/652071\/EPRS_BRI(2020)652071_EN.pdf\">multilateralism<\/a> \u2013 including the UN Security Council \u2013 seem to be paralysed nowadays. Diplomacy is generally ineffective and other UN-mandated interventions impossible.<\/p>\n<p>Examples of these crises include Ethiopia\u2019s <a href=\"https:\/\/www.bbc.com\/news\/world-africa-54964378\">Tigray<\/a> conflict, the resurgence of the <a href=\"https:\/\/www.cfr.org\/backgrounder\/taliban-afghanistan\">Taliban<\/a> in Afghanistan, or resistance against <a href=\"https:\/\/www.nytimes.com\/article\/myanmar-news-protests-coup.html\">Myanmar\u2019s<\/a> military regime. <\/p>\n<p>In such situations, the core operating <a href=\"https:\/\/www.unocha.org\/sites\/dms\/Documents\/OOM-humanitarianprinciples_eng_June12.pdf\">principles<\/a> of humanitarian agencies \u2013 neutrality and impartiality \u2013 are little match for the egregious bad behaviour of warring groups hell-bent on achieving their objectives by any means.<\/p>\n<p>The result is that humanitarian agencies are trodden-over and heavily pressured to co-operate with conflicted parties. Inevitably, compromises are struck to gain humanitarian access, and this can be manipulated as a war tactic. We see this with aid access controversies in <a href=\"https:\/\/www.csis.org\/analysis\/un-vote-aid-syria\">Syria<\/a> and <a href=\"https:\/\/www.thenewhumanitarian.org\/news\/2021\/7\/12\/aid-access-to-tigray-remains-stalled-despite-ceasefire\">Tigray<\/a>.<\/p>\n<p>In addition, part of the traditional humanitarian mission is to give \u2018voice to the voiceless.\u2019 But an agency doing that risks annoying one or other group, and suffers intimidation or expulsion. That means the end of any life-preserving help it was giving. A classic example was the <a href=\"https:\/\/odihpn.org\/magazine\/the-development-of-the-international-criminal-court-some-implications-for-humanitarian-action\/\">arrest<\/a> of M\u00e9decins Sans Fronti\u00e8res\u2019 (MSF) Darfur Coordinator in 2005 over a report on the high numbers of rape victims received in its clinics. <\/p>\n<p>There is always much internal angst among humanitarians: should we speak up or not?<\/p>\n<p>When humanitarianism is politicised, trust and respect can be lost. This results in a vicious downward spiral. It starts with increased suspicion, diminished access, and even attacks on aid workers. This happened recently with MSF staff <a href=\"https:\/\/www.msf.org\/msf-staff-killed-tigray-ethiopia-are-remembered-their-colleagues\">killed<\/a> in Tigray.<\/p>\n<h2>What are the implications of humanitarian aid agencies being forced to stop operations?<\/h2>\n<p>Many crisis-affected people are remarkably resilient, and should not be looked down upon as victims. They are immensely resourceful and draw on mutual support networks. I saw this, for example, in the <a href=\"https:\/\/www.youtube.com\/watch?v=NQSj6eIW8IE\">Nuba Mountains and Blue Nile<\/a> where people survived for many years with little aid while under constant attack by the Sudanese government.<\/p>\n<p>Nevertheless, there are always gross inequalities within crisis-affected communities. The <a href=\"https:\/\/www.oecd-ilibrary.org\/sites\/81e5965c-en\/index.html?itemId=\/content\/component\/81e5965c-en\">most vulnerable<\/a> -\u2013 the bottom 30% \u2013- are extra fragile. This is because they do not have any spare capabilities or resources to deal with sudden shocks. Typically, they include the unemployed, child-headed households, the elderly or disabled. They are the worst affected by disasters and wars. Often external humanitarian aid is their only means of survival.<\/p>\n<p>When wars are waged without limits, the prevalent social safety net of health, education, water, growing crops, shelter, and local services are often targeted to weaken the resolve and capacity of the enemy. This has happened in <a href=\"https:\/\/www.rescue.org\/article\/decade-destruction-attacks-health-care-syria\">Syria<\/a>, <a href=\"https:\/\/reliefweb.int\/report\/yemen\/civilians-yemen-remain-stuck-between-warring-parties-and-waiting-justice\">Yemen<\/a>, and <a href=\"https:\/\/www.bbc.com\/news\/world-africa-56399882\">Tigray<\/a>. The inevitable consequence is that the weakest are crushed first.<\/p>\n<p>So, when humanitarian agencies are forced to stop operations \u2013 by political decision or huge physical insecurity \u2013 the most vulnerable succumb first through starvation and disease. <\/p>\n<p>As the conflict goes on, the general population is affected with rising rates of hunger and malnutrition, breakdown of basic water and sanitation, collapse of health and social services. Death rates rise. For example since the current Tigray crisis <a href=\"https:\/\/www.dw.com\/en\/ethiopia-a-timeline-of-the-tigray-crisis\/a-55632181\">started<\/a>, 5.2 million have <a href=\"https:\/\/reports.unocha.org\/en\/country\/ethiopia\">urgent needs<\/a> including a million who are close to famine. Yet only <a href=\"https:\/\/www.africanews.com\/2021\/08\/05\/ethiopia-only-10-of-humanitarian-aid-reaches-tigray\/\">10%<\/a> of necessary aid has been allowed to get into Tigray.<\/p>\n<p>Tigray\u2019s experience is not unusual. For instance, <a href=\"https:\/\/youtu.be\/WEUWU8JwnDI\">I saw<\/a> this first hand in the genocidal war in Sudan\u2019s Darfur region. In 2004, I was obliged to leave my post as <a href=\"http:\/\/www.mukeshkapila.org\/book\/about-book.html\">UN Humanitarian Coordinator<\/a>, when I spoke up publicly on the government\u2019s obstruction of humanitarian operations.<\/p>\n<h2>Are there any legal mechanisms which can prevent this from happening?<\/h2>\n<p>We are not short of legal proscriptions. At the national level, most countries have laws to protect life and preserve human dignity. In addition, the <a href=\"https:\/\/ihl-databases.icrc.org\/customary-ihl\/eng\/docs\/v2_rul_rule32\">military laws and doctrines<\/a> of many countries include prohibitions on the violation of humanitarian installations or operations.<\/p>\n<p>Countries have also universally recognised the right to provide humanitarian aid through creating \u2013 by parliamentary or other <a href=\"https:\/\/media.ifrc.org\/ifrc\/guidance-for-national-society-statutes-2018\/\">statutes<\/a> \u2013 national Red Cross or Red Crescent organisations. These are not \u201cordinary NGOs\u201d but special <a href=\"https:\/\/media.ifrc.org\/ifrc\/what-we-do\/promoting-principles-and-values\/policy-and-diplomacy\/the-auxiliary-role\/\">auxiliaries<\/a> to national authorities. <\/p>\n<p>But when a state authority itself is party to a conflict or perceives itself to be under grave threat, it can suspend constitutional guarantees and legal safeguards. We have seen that in the mass arrests and disappearances of <a href=\"https:\/\/www.amnesty.org\/en\/latest\/news\/2021\/07\/ethiopia-end-arbitrary-detentions-of-tigrayans-activists-and-journalists-in-addis-ababa-and-reveal-whereabouts-of-unaccounted-detainees\/\">people of Tigray origin<\/a> inside Ethiopia.<\/p>\n<p>When there is no credible domestic remedy for deliberately-placed constraints on humanitarian access and assistance, international laws \u2013- to which most countries have signed up \u2013 are a fall back.<\/p>\n<p>In the modern age, the <a href=\"https:\/\/www.icrc.org\/en\/war-and-law\/treaties-customary-law\/geneva-conventions\">Geneva Conventions<\/a> on international humanitarian law prohibit attacks on humanitarian operations and workers. The <a href=\"https:\/\/www.icc-cpi.int\/resource-library\/documents\/rs-eng.pdf\">Rome Statute<\/a> of the International Criminal Court criminalises such aggression in the context of war crimes. And the UN <a href=\"http:\/\/unscr.com\/en\/resolutions\/doc\/1502\">Security Council Resolution 1502<\/a> protects humanitarian personnel and access.<\/p>\n<p>There are several other similar treaty laws. For example, the <a href=\"https:\/\/au.int\/en\/treaties\/african-union-convention-protection-and-assistance-internally-displaced-persons-africa\">Kampala Convention<\/a> prohibits attacks on relief work.<\/p>\n<p>Such international treaty-based laws may have a broadly positive effect because of the fear of prosecution under national and international laws. However, this is more theory than practice. There are few examples of successful accountability. The <a href=\"https:\/\/academic.oup.com\/jicj\/article\/7\/4\/723\/857155\">constraint<\/a> is in bringing transgressors physically to the courts. This is because states are often implicated themselves and unwilling to be held accountable.<\/p>\n<p>There is slow, but steady, progress in <a href=\"https:\/\/www.icc-cpi.int\/pages\/situation.aspx\">prosecuting<\/a> perpetrators of war crimes. However, there is no equivalent advancement of justice in relation to the specific transgressions of the right to give and receive humanitarian aid.<\/p>\n<h2>What can be done to ensure humanitarian agencies continue to help people in politically volatile situations?<\/h2>\n<p>There are no easy solutions. A \u2018zero tolerance\u2019 policy needs a multi-pronged, long-term approach.<\/p>\n<p>First, there could be better data collection and monitoring of humanitarian violations to understand patterns and trends. This would inform tailored strategies in particularly problematic contexts.<\/p>\n<p>Second, humanitarians must <a href=\"https:\/\/theconversation.com\/humanitarian-workers-risk-life-and-limb-to-deliver-aid-to-the-most-vulnerable-163980\">work professionally<\/a> and resist political manipulation and intimidation as courageously as possible. This needs better training and organisational management. It also means preparing-for inherent risks \u2013 including to life and limb \u2013 that come with operating in volatile contexts. Modern humanitarian practice is not for the faint-hearted.<\/p>\n<p>Third, politicians, law-makers, and legal practitioners must extend current frameworks \u2013 especially on where and how alleged offences are tried \u2013 to reduce the bureaucratic and physical spaces where perpetrators can hide.<\/p>\n<p>Fourth, the public can help by standing up more to egregious misbehaviours that threaten humanitarianism. This can be done through expressing outrage, lobbying political policymakers, and supporting reputable journalists and investigators who expose wrong-doings.<\/p>\n<p>In conclusion, the face of humanitarianism is <a href=\"https:\/\/www.thenewhumanitarian.org\/opinion\/2021\/7\/12\/three-challenges-for-humanitarian-impartiality\">changing<\/a> fast. Its values-driven, consent-based modus operandi frays in the face of so many threats. Reclaiming that noble mission will be a long and uncertain endeavour.<\/p>\n<p> <a href=\"https:\/\/theconversation.com\/africa\/\">Source: The Conversation<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Ethiopian government has suspended the activities of three foreign humanitarian organisations which had been working in the Tigray region. Moina Spooner, from The Conversation Africa, asked Mukesh Kapila, a specialist in humanitarian affairs, to provide insights into the challenges humanitarian agencies face and what can be done to better support them. What are the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[4584],"tags":[3257],"class_list":{"0":"post-197720","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-africa-news-2","7":"tag-mypr","8":"entry","9":"has-post-thumbnail"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/197720","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=197720"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/197720\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=197720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=197720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=197720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}