Regional Workshop on Strengthening the Facilitation and Regulation of International Humanitarian Response in the MENA Region Final Report

Transcription

1 Regional Workshop on Strengthening the Facilitation and Regulation of International Humanitarian Response in the MENA Region Final Report Qatar, December 2013

2 Acknowledgments The International Federation of Red Cross and Red Crescent Societies (IFRC) would like to thank Qatar Red Crescent (QRC) for hosting the event and the Norwegian Red Cross (NRC) for their generous support to the Disaster Law Programme (DLP) in the MENA Region. Background The regional Workshop on Strengthening the Facilitation and Regulation of International Humanitarian Response in the MENA Region was organized by the IFRC in partnership with Qatar Red Crescent (QRC). The workshop gathered representatives from five National Societies (NS) from the region namely Jordan, Lebanon, Morocco, Tunisia and Qatar. The workshop also included representatives from the Office of the Coordination of Humanitarian Affairs (OCHA), the International Committee of the Red Cross (ICRC), the League of Arab States (LAS) as well as well as senior representatives from the Arab Red Crescent and Red Cross Organization (ARCO). The workshop received high media coverage and its proceedings were covered live by Al Jazeera TV during the two days. The workshop included presentations and group discussions from practitoners on the regulatory problems they face in providing and/or coordinating international disaster response followed by presentations on the existing regional and international frameworks for international relief as well as the related regional efforts in this regard. This was combined with group discussions guided by simulation exercises and questionnaires. The experience of Lebanon in upgrading its legal framework for disaster management was presented as a good model from the region. Participants were also informed about the main findings and conclusions of IFRC s research on regulatory issues in international disaster response as well as some newer areas of work related to disaster risk reduction and prost-disaster shelter. At the end of the workshop, the participants developed national action plans that spell out their

3 priorities for strengthening the facilitation and regulation of international response in their countries with the support of IFRC in addition to elements fora regional plan. Proceedings Day one Day one stared with opening remarks by Dr. Fawzi OUSSEDIK, Head of International Relations and International Humanitarian Law (IHL) and Mr. MUHANADI from QRC followed by opening statements by Mr. Mohamed BABIKER IFRC Gulf Regional Representative, Dr. Taher CHINITY, IFRC Governing Board Member and Secretary-General of the Tunisian Red Crescent (TRC) Society, and Abdullah AL HAZAA, Secretary General of ARCO. The speakers focused on the importance of supporting the efforts aimed at facilitating and regulating international relief in the MENA region given the paramount need for it and in the light of the escalating disasters and crises in the region. Regulatory Problems in International Disaster Response Mr. Ivo FREIJSEN, Head of OCHA s Regional Office for MENA, started the session by discussing the importance of legal and policy frameworks to facilitate international relief in large emergencies and presented briefly OCHA s partnerships with related international organizations, including IFRC, on the matter. Mr. Bassam MOKDAD, Head of Beirut District and RDRT member at Lebanese Red Cross (LRC), presented the experience of his organization in providing relief, especially in the context of the Syria crisis. He addressed the main barriers LRC is facing in delivering relief, including visas for international relief personnel and customs barriers to the entry of relief goods and materials. Mr. MOKDAD added that with the absence of laws and policies to regulate the matter, personal contacts with related decision makers are being used to facilitate relief operations. Furthermore, he highlighted the need for having a team within LRC to follow up the processes for external relief and for working on facilitating external donations. He concluded his

4 presentation by stressing the importance of developing laws and policies for the facilitation of international humanitarian response to replace the non-institutional way of doing things that is being currently used. Mr. Ahmed KRIMI, Projects Coordinator at TRC, presented his organization s experience in offering relief during the Libya crisis. He noted a few existing laws that give TRC some privileges while shedding light on a number of gaps in existing Tunisian laws and policies. He highlighted the challenges TRC faced during the crisis, which included the lack of official mandate for TRC during disasters, lack of internal and external coordination between related actors, mismatch between the needs and the received aid. He added that despite the barriers and complications, the government through the Ministry of Foreign Affairs was helpful in providing directions to facilitate customs regulations for people and goods, however, these measures were adopted on an ad hoc basis. Finally, Mr. BABIKER presented some experience from the IFRC in providing international assistance, including challenges faced in field operations such as the difficulty in getting visas and needed permissions for entry of relief goods and materials. He added that even when permissions have been granted by one official, in many cases, other officials were not necessarily informed or willing to comply. He also added that the movement within the affected country can sometimes be impeded by local people of less affected regions who seek to have a share in the relief materials. Following the above presentations, participants discussed their own experiences of regulatory challenges in international humanitarian response. While the major challenges that were identified concurred with the ones presented by the speakers in terms of visas and custom fees, participants also added issues related to obtaining residence permits for personnel and tax exemptions for medications, equipment and other material, as well as the difficulty in opening bank accounts (due to the barriers faced by relief personnel and organizations in acquiring a legal personality), and the difficulty in making fund transfers. NSs concluded that strategies and laws and procedures for relief are needed and that they should play a bigger role with their governments in their capacity as auxiliaries to these governments. They also added that NSs

5 should ensure adequate internal organization and coordination. Finally, participants highlighted the need for playing an advocacy role for the proper implementation of the laws. Overview of the International and Regional Frameworks for International Relief Mr. David FISHER, Global Coordinator for DLP at IFRC, provided an overview of the existing international norms for international disaster response. While highlighting the fact that there is no comprehensive international legal regime governing international disaster assistance, Mr. FISHER identified the relevant legal instruments, including sectoral treaties and a growing number of regional treaties and soft law instruments that exist around this issue. He added that while these instruments are available, their collective impact on improving cooperation in international disaster response operations has been disappointing, resulting in many unnecessary chaos, delays, costs and inadequate aid in recent relief operations. Mr. FISHER then presented the work that IFRC has been undertaking since 2001, which resulted in the development of the Guidelines on domestic facilitation and regulation of international disaster relief and initial recovery assistance (also known as IDRL Guidelines ). He explained the importance of these guidelines as recommendations to states on how to prepare their domestic legal and institutional frameworks in a way that facilitates international humanitarian response. He concluded by discussing the global progress achieved so far by governments using the Guidelines to strengthen their laws and procedures. Mr. Ahmed SULEMAN, Cooperation Delegate from the Kuwait Regional Delegation of the ICRC, presented the provisions of international humanitarian law (IHL) related to the facilitation and regulation of humanitarian relief in international and non-international armed conflict. He addressed the conditions where IHL applies as well as the obligations that it entails, elaborating on the rights of states and humanitarian organizations willing to undertake relief actions. Ambassador Hesham YOUSSEF, Advisor to the Secretary General at LAS, presented the role of LAS in delivering humanitarian assistance, pointing out the challenges LAS and its members faces in promoting appropriate response and relief, especially in armed conflict areas. Mr. YOUSSEF highlighted the major achievements of LAS thus far in promoting effective

6 humanitarian assistance, made possible through the support of NSs and other CSOs. He added that further efforts should be deployed to make aid correspond better to the needs. He concluded by stressing three points; the importance of the implementation of the Arab Cooperation Agreement Regulating and FacilitatingRelief Operations, the need for an increased coordination between relief actors, and the importance of establishing a network between the humanitarian actors in the region. Finally, he stressed the important role that media should be playing in raising awareness on the urgent humanitarian situations in the region. Dr. Fawzi OUSSEDIK presented the draft Gulf Cooperation Council (GCC) manual on crossborder relief. He highlighted the fact that this manual is aligned with IFRC s IDRL Guidelines and Model Act but also reflects the specificity of the region. He stressed the urgent need for developing a legal framework as a reference for any international relief action. He added that this manual is a first step that might lead to a more formal approach to the issue by GCC countries, such as through the signature of an agreement or the development of further related instruments and tools. After the above presentations, participants were engaged in simulation scenarios to explore key issues in international and regional frameworks for international relief. Day two Strengthening Domestic Laws and Procedures for International Response in the MENA Region Day two started witha presentation of the Lebanese experience in upgrading its legal framework for disaster management, which was given by Colonel Jean FARAH, Chief Secretary of Army Staff for Operations at the Lebanese Army. Col. FARAH presented the process that led to the development of the National Framework for National Response during Disasters and Crisesin addition to the National Committee for the Coordination of Disasters and National Crisis Response. He stressed the importance of this plan in coordinating response efforts of all related actors. He also pointed out the draft law that would establish a Disaster Risk

7 Management Authority, adding that this draft law is currently with the related parliamentary committee, which is looking into its adoption. National Laws and Policies for International Disaster Response and Emerging Issues in Disaster Law Ms. Joyce HAKMEH, Regional Legal Consultant for the DLP at IFRC, presented an overview on the national laws and policies for the facilitation and regulation of international humanitarian assistance in the MENA region. She started by focusing on the disaster risk profile of the MENA region, which is witnessing an increased vulnerability from natural disasters on its people and economies. She then introduced the main findings so far of the research project that the MENA Zone at IFRC has launched. She pointed out the fact that, in the surveyed countries, national laws regulating international humanitarian response exist but they are not comprehensive and there are still many gaps. She added that in the absence of national laws, personal contacts in MENA are commonly used to facilitate international relief operations. Even when laws exist, not all stakeholders are aware of them. She concluded by saying that challenges to the facilitation and regulation of international humanitarian response in the region are big, however, resources and tools do exist and the work of IFRC in this regard can be of tremendous value to enhance the situation. Mr. FISHER then gave a presentation that provided the participants with models of legal framework from outside the region as well as the Model Act on IDRL. He also gave an overview on new areas in disaster law which may be of future interest in the region, i.e. DRR legislation and regulatory barriers to shelter. Way forward, Conclusions and Recommendations Based on the presentations given during the workshop as well as the group discussions, participants were asked in the final session to develop action plans for their own follow-up work toward enhancing the situation of the legal and policy frameworks for international

8 humanitarian response operations in their countries. Participants were also asked to give their thoughts on elements for a regional plan. The resulting plans were announced by Mr. BABIKER at the end of the session. 1 1 The detailed actions plans are included in this report as Annex 1.

9 Annex 1: National Action Plans and Elements for a Regional Plan Country Lebanon Activities/projects for short term Establish a disaster law (DL) team from within the NS Deploy efforts to support the ratification of the National Framework for National Response during Disasters and Crises Disseminate IFRC/OCHA/IPU Model Law to related government bodies Activities/projects for long term Establishing a National Task Force in partnership with the government Implement national workshops with the government Establish a database on DL and disseminate knowledge products Role of National Society Circulate among NS branches to choose interested and qualified members Follow-up and assist the official entities Facilitate its delivery to the government bodies and follow-up the legislation of relevant provisions as needed Nominate the members of the National Task Force (which would include the members of the DL team) Organize and participate Disseminate DL products on NS website and on the websites of related Role of IFRC Support and train the team Support and train the team and participate through the appointment of an advisor/observer member and participate

10 Jordan Morocco Establishing a Disaster Law (DL) team from within the NS Develop scenarios through which international disaster response law can be applied Conduct workshops with the government to spread the concept of IDRL Establish a team specialized in IDRL from the High Council ofcivil Defence Establish a database on IDRL Establish a Disaster Law (DL) team from within the NS to include volunteers with legal background Develop a list of existing Moroccan laws and acts related to IDRL Prepare a comparative paper on the existing relevant laws and compare it with IFRC s Model Law Develop a file to fill the gaps with regard to IFRC s Model Law official entities Disseminate the project to all NS members Organize lectures to increase the knowledge Liaising with the government Liaise with the High Council to establish the team Assist in the information gathering process Disseminate among volunteers and form the team Initiate and facilitate Facilitate the process Develop the required file and communicate with the relevant authorities Provide technical support Provide technical support Provide financial and technical support

11 Tunisia Qatar Prepare a list of interested focal points and coordinators on DL Establish a database on national legislation related to IDRL Spread knowledge and awareness on the laws and stimulate interest with relevant bodies Establish a national task force on IDRL in partnership with the government Develop a new law on IDRL in partnership with LAS Establish partnerships with relevant regional and international bodies Prepare a list of interested focal points and coordinators on DL Establish a database on national legislation related to IDRL Spread knowledge and awareness on the laws and Develop a file to fill the gaps with regard to Hyogo Framework of Action Develop the required file and communicate with the relevant authorities Play an organizing and stimulating role Include all related actors (Customs, Centre for Legal Studies, Ministry of health, etc) Play an organizing and stimulating role Advocate, motivate and support and share experiences and best practices

12 ARCO stimulate interest with relevant bodies Provide needed support to IFRC in its efforts to support NSs

13 Elements for a Regional Plan: Forming a regional group with specific tasks and duration in order to: 1. Prepare a database on human resources related to IDRL from the region 2. Compile all national laws related to IDRL from the region 3. Present the gathered laws to experts to compare them with the general directions of the IDRL Guidelines 4. Prepare a portfolio to the League of Arab States on the above findings 5. Establish a technical team to support this initiative

14 Annex 2: List of Participants Country Name Position Organization 1. Lebanon BassamMokdad Head of Beirut Lebanese Red Cross District-DMU, RDRT member 2. Youssef Hanna Boutros Head of North District- Lebanese Red Cross DMU 3. Jean Farah Chief Secretary of Lebanese Army Army Staff for Operations 4. Tunisia Taher El Chinity Governing Board IFRC Member Secretary General Tunisian Red Crescent 5. Ahmed Krimi Projects Coordinator Tunisian Red Crescent 6. Morocco Mohamed Bendali Director of Response, Morocco Red Crescent Youth and Disaster Management 7. Jordan Motlaq Al Hadid Youth Department Jordan Red Crescent 8. Qatar FawziOussedik Head of International Qatar Red Crescent Relations and IHL 9. Khaled Diab Head of Relief and Qatar Red Crescent International Development Department 10. Sabrina Meddour International Qatar Red Crescent Humanitarian Movement Coordinator- General Secretariat 11. Hesham Youssef Advisor to Secretary League of Arab States General (LAS) 12. Ivo Freijsen Head of Office Office of the Coordination

15 13. Ahmed Suleman Cooperation Delegate, Kuwait Regional Delegation of Humanitarian Affairs (OCHA) in MENA Region International Committee of the Red Cross (ICRC) 14. Abdullah Al Hazaa Secretary General Arab Red Crescent and Red Cross Organization (ARCO) 15. AbdelAzizMahmoud Al Racheed Responsible for Planning and Development 16. Mohamed Babiker Regional Representative for the Gulf 17. Joyce HAKMEH Regional Legal Consultant- MENA Zone 18. David FISHER Global Coordinator- Disaster Law Programme Arab Red Crescent and Red Cross Organization (ARCO) IFRC IFRC IFRC g rashiad@arabrcrc.org mohamed.babiker@ifrc.org Dlp.mena@ifrc.org David.fisher@ifrc.org