Humanitarian implications of SNAF/AMISOM Military Operation in Somalia

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1 SOMALIA HUMANITARIAN COUNTRY TEAM Humanitarian implications of SNAF/AMISOM Military Operation in Somalia Date: Situation Overview Somalia s humanitarian crisis is among the largest and most complex in the world, despite recent modest improvements in food security. An estimated 2.9 million people are in need of immediate life-saving and livelihood support. With roughly 30 per cent of the total population in need, humanitarian needs in Somalia are significant. One in seven children under the age of five, or 203,000 children, is estimated to be acutely malnourished. More than 50,000 of these malnourished children are currently at death s doorstep, and without assistance this number could double in the next six months. Poor and inadequate basic social services continue to undermine the resilience of the people while 635,000 people i in settlements need support to meet basic minimum standards including education, health, shelter and WASH. The child and maternal mortality rates for Somalia are among the highest in the world; one in every 10 Somali children dies before seeing their first birthday, while one in every 12 women dies due to pregnancy related causes. Millions of Somalis remain vulnerable to disease outbreaks due to the absence or the weak state of health and WASH services. In some areas one in three children suffer from diarrhea, while polio re-emerged in May There is no protective environment for vulnerable people particularly women and children. As a result, gender-based violence and violations against children are common and the level of responsive assistance provided to victims is very low. Upcoming military offensive The planned AMISOM military offensive to recover Al Shabaab (AS) controlled areas, known as the 25-district offensive, could have serious humanitarian repercussions and affect an estimated 3 million people living in those regions. Since early February, Ethiopian troops, now part of AMISOM, have moved military assets into Somalia crossing from Dolo Ado in Ethiopia into Doloow (Gedo region) in Somalia. Other cross-border areas are Godey crossing to Ceel Barde (Bakol region) and Qura Joomo crossing into Belet Weyne (Hiran region). The AMISOM Kenyan contingent is also expected to protect the border along Bula Xaawa. In Lower Juba, the AMISOM Sierra Leone contingent is anticipated to increase in number and take over from the AMISOM Kenyan contingent. AMISOM Kenyan and Sierra Leonean troops in Afmadow town may be responsible for the offensive in the district, pushing AS towards Middle Juba, considered to be its main stronghold. AMISOM Burundians and Somali National Government Forces (SNGF) ii in Mogadishu (Banadir region), are anticipated to lead the offensive along the coastal road down to Lower Shabelle and up to Middle Shabelle Regions. On 16 February, the AMISOM Ethiopian contingent arrived in Guriel town of Galgaduud region in preparation for a possible offensive in the region. Based on the positioning of the military assets, several offensives could take place at the same time.

2 Possible humanitarian impact of a military offensive In Somalia, large-scale displacement due to conflict has in the past created complex emergencies characterized by increased humanitarian needs. Depending on the geographical coverage of the upcoming offensive and the duration, up to 2.6 million people iii could be affected with the majority residing in Bay, Bakool, Hiraan, the Jubas and the Shabelles. At least another 300,000 to 500,000 people from the host community and those who could be potentially displaced currently live in areas where affected people are likely to seek protection. Considering the offensives in 2011 and 2012, intensified military activities are likely to result in increased displacement of people from rural areas towards the urban centres in southern and central areas, such as Baidoa, Mogadishu and Kismayo, where access to basic services could be severely overstretched, high number of child recruitment, abandonment of previously recruited children, separated and unaccompanied children, and very high increase in sexual violence could occur. Children's access to education could be disrupted due to the military operation and resulting displacement and insecurity. The deprivation of children s right to education will potentially have grave effects the longer the operation lasts. The impact on children also includes physical harm and psycho-social trauma. A military offensive against AS in key food producing areas of Somalia, such as Lower and Middle Shabelle and Lower and Middle Juba, is likely to aggravate the humanitarian situation. Fighting could disrupt the planting season, livestock movement and reduce access to markets and basic services. It will also result in civilian casualties and will displace people from their home areas and lead to increased violations against civilians. Furthermore, population movements could also increase the risks of transmission of diseases, including polio which re-emerged in Somalia in While AMISOM may gain more territory through military action, this does not immediately translate to increased humanitarian access. The ability to do vaccinations in hard-to-reach areas could increase as more urban centers open up, but this is likely to take time. In the long run, if the offensive leads to the establishment of stable administrative structures in the newly controlled areas, it may provide an opportunity for humanitarian agencies to have safe and predictable access to people in need who live in these areas. In the present circumstances, however, agencies are now facing significant funding gaps to address needs as they stand for Should new areas become accessible, these gaps, if left unaddressed, will significantly widen and significantly hamper the ability to immediately scale up and respond to the needs of people in these areas and ultimately damage their coping mechanism and resilience capacity. Responsibilities and parties to the conflict The primary responsibility to protect the Somali people lies with the Federal Government of Somalia (FGS). People look to their national and local authorities, the United Nations and the broader humanitarian community for protection. They require protection to save their lives, ensure their safety and security, alleviate their suffering and restore their dignity in accordance with international human rights law and international humanitarian law as well as internationally and regionally recognized protection standards. Additionally, in situations of armed conflict, non-state parties to conflict are obliged to protect people affected and at risk in accordance with international humanitarian law. The humanitarian community therefore has an essential role to fill the gap engaging with relevant actors to protect and assist people in need.

3 Adherence to humanitarian principles The humanitarian community has reiterated the need to uphold the humanitarian principles; humanity, neutrality, impartiality and operational independence; and international humanitarian law. Guidelines on civil-military coordination for military and humanitarian partners have been drafted and shared among all partners for adherence. Primary consideration will be given to accountability to affected populations, to identify, understand and support their own protection measures. Different segments of affected people need to be meaningfully engaged in all decisions and actions that have a direct impact on their well-being. A commitment to support national and local civil society in their important role to enhance the humanitarian assistance and protection of people affected and at risk is therefore central to this endeavor. Humanitarian planning All clusters are engaged in response plans and preparedness activities. However, uncertainty related to the whereabouts of the initial locations of intervention, the scope and duration of assistance is impeding the preparation of effective contingency plans and prepositioning of stocks at key sites. WFP has announced that it has 40,000-50,000 MT of food currently inside Somalia, which could be used to respond to emerging needs. The response time will depend on where the needs emerge and which routes will be used. Nutrition and WASH clusters estimate a response time of two to three weeks to deliver from the main hubs to the people in need depending on accessibility of the routes. They also note that the currently available supplies would be reallocated from the normal programming and would, thus need to be replenished. If these supplies are not replenished, some of the programmes designed to assist the 2.9 million people in need of life-saving and livelihood support in Somalia would be suspended. UNHCR has also indicated that stocks pre-positioned for the return of refugees from Kenya in areas such as Baidoa, Luuq, and Dollow, could potentially be made available to people affected by the military operation. OCHA is preparing a detailed mapping of needs, available resources and capacities. The mapping will inform response planning to the affected areas. Next Steps To differentiate humanitarian response during and after the military operations from the actions of agencies with political and military agenda, the HCT will devise strong and clear messaging on the principles that guide the provision of humanitarian assistance and will disseminate it widely before, during and after the military operation. The HCT will consider the use of Somali media to disseminate these messages to the beneficiaries, general public and all parties involved in the conflict. It will explore ways of engaging community leaders in the areas affected by the military operation to gain their trust and support for these principles. Furthermore, the HCT will continue to engage political actors with stabilization agendas to reaffirm its position that humanitarian programmes cannot in anyway complement stabilization packages, and that the latter should be delivered by agencies with experience in stabilization work. On protection of civilians, discussions will be held with the government and AMISOM on the standards of conduct expected of them, and other actors, in military operations. The RC/HC/DSRSG will call upon on AU/AMISOM/SNAF and allied regional authorities to ensure that military operations are conducted in accordance with international norms including

4 International Humanitarian Law (IHL) and Human Rights Law, so as to limit civilian casualties, prevent sexual exploitation and abuse and displacement/disruption of economic activities. These actors will be asked to endorse and implement a set of context-specific guiding principles iv, along with, inter alia, the following themes: Good conduct of troops; Prevention of obstruction of aid; Prevention of punitive actions against civilians, such as unlawful detentions and extrajudicial killings; Prevention of starvation of civilians as a method of combat, such as confiscation of food, water, medicines and other utilities and services; Prevention of recruitment and separation of children prior to and during the offensive and immediate handing over of children rescued from armed forces to humanitarian agency responsible for interim care, family tracing and reunification; Refraining from using children as spies, informers or check point guides; Prevention and response to sexual exploitation and abuse by troops by ensuring good conduct and access to justice; Refraining from occupation of facilities that civilians depend on for basic services, such as schools, health centers, water wells etc. Donors will be engaged so that they continue to adhere to the general principles of the Good Humanitarian Donorship (GHD) initiative, which reaffirms the core humanitarian principles of humanity, impartiality, neutrality and independence in financing humanitarian assistance. In line with the GHD initiative, the importance of saving lives and alleviating suffering, delivering relief according to assessed need and without discrimination among recipients, refraining from taking sides and keeping humanitarian action autonomous from political, economic and military interests will be reinforced. In the current context of Somalia, and in light of the SNAF/AMISOM military offensive, donors must ensure timely funding to meet assessed needs. They should strive to ensure that funding for programmes that address new emerging needs resulting from the military operations, does not adversely affect the ability to meet existing needs. While promoting the principles of accountability, efficiency and effectiveness in implementing humanitarian action, donors will be called upon to explore ways of enhancing the flexibility of funding arrangements due to the exceptionally difficult operational environment and the dynamic and fluid nature of the needs expected to arise as the result of the military operation. i IDPs in Crisis and Emergency FSNAU projection June 2014 ii Previous Somali National Armed Forces (SNAF) iii According to UNDP figures 2005 (rural populations) iv The guiding principles will cite relevant international conventions and Security Council Resolutions which prohibit the commission of any of the violations outlined.

5 Annex GUIDING PRINCIPLES AND CODE OF CONDUCT Provision of Humanitarian Assistance and Protection of Civilians in the Context of Armed Conflict in Somalia Guided by international human rights law, international humanitarian law, and international refugee law, the African Union Charter, Somalia laws, and all applicable international standards; Recognizing that the primary responsibility to protect and assist the victims of emergencies, including those affected by conflict, is that of the authorities of the territory in which the emergency causing urgent humanitarian needs occurs, in this case the Federal Government of Somalia; Mindful that human sufferings, as a result of armed conflicts, in all their aspects profoundly trouble the conscience of mankind and bearing in mind that effective measures must be undertaken to reduce the impact of the conflict on civilians to the greatest possible extent; Stressing that humanitarian assistance, both as regards those granting and those receiving it, should always be provided in conformity with the principles inherent in all humanitarian activities; the principles of humanity, neutrality, impartiality and independence, so that political considerations should not prevail over these principles; Calling upon all parties to the conflict to ensure the protection and well-being of human beings, and also respect international human rights law, international humanitarian law, refugee law and other applicable national and regional conventions; The Somalia Humanitarian Community reaffirm its firm commitment to adhere to the following principles and code of conduct while providing humanitarian and protection assistance to people in need, including those affected by conflict: 1. Humanitarian Imperative: We are guided by the humanitarian imperative which obligates the provision of assistance wherever it is needed. We provide life-saving and livelihood assistance to people affected by natural and man-made disasters in Somalia. Our assistance focuses on preventing and alleviating human suffering and destitution, enabling communities to become resilient to shocks and protecting civilians. 2. Humanity: We treat all human beings humanely in all circumstances, while ensuring respect for the individual. This is the fundamental principle of our humanitarian response. We respect the dignity of people, their culture, religion and customs. 3. Neutrality: We do not take sides in hostilities. We do not allow our humanitarian assistance, supplies, vehicles, facilities or equipment to be used for any military, political or sectarian purposes. 4. Impartiality: We provide humanitarian and protection assistance to all people in need, regardless of location, ethnicity, clan, gender, and social status, solely on the basis of

6 assessed needs and availability of access, and not as part of or in complementarity to stabilization packages. 5. Operational independence: We preserve the independence of humanitarian action and decision-making at the operational and policy levels at all times. We do not work in a situation where we are required to hand over control for major aspects of our contribution to the humanitarian response to government or military counterparts. The civilian and humanitarian character of assistance is an important protection standard that we maintain at all times. 6. Transparency and accountability: We are accountable to those whom we seek to assist and from those we accept resources to assist people. We ensure that our assistance is transparent. We do not tolerate any corruption, theft or misuse of humanitarian supplies or equipment. 7. Consultation and participation: We work in response to the expressed wishes of local communities. We endeavor to involve communities in the design, planning, management, implementation and evaluation of programmes implemented for their benefit. 8. Zero tolerance: We have zero tolerance for all forms of sexual exploitation, gender-based violence and other violations of human rights, including child rights. In light of the above and bearing in mind the State s and the national authorities prime responsibility to protect its citizens as well as the overall normative framework that applies to Somalia, we call upon the Federal Government of Somalia (FGS), the African Union Mission in Somalia (AU), the Inter-Governmental Authority for Development (IGAD) and other parties to the conflict to: Respect the humanitarian principles outlined above; and facilitate the delivery of aid to people in need, by providing unrestricted access to all people in need of assistance and protection. This includes facilitating the movement of humanitarian personnel and humanitarian goods and services; Humanitarian agencies should have the option to travel without armed escorts if they choose to do so; Protect and promote the safety, security and freedom of humanitarian agencies and their personnel; and ensure that humanitarian personnel are not subjected to violence, abduction, harassment or intimidation; Prevent the use of vehicles, equipment and facilities of humanitarian agencies for purposes that have no connection with humanitarian work; Respect and protect humanitarian corridors if and where humanitarian assistance is made available through such corridors; Ensure good conduct of troops under their command and prevent punitive actions against civilians, such as unlawful detentions and extra-judicial killings; Ensure the provision of security to civilians, in particular women and children; and refrain from engaging directly or indirectly in acts that can lead to violations such as forced

7 displacement, gender-based violence, forced recruitment and participation of children in hostilities; Refrain from using children as spies, informers or check point guides and immediately immediate hand over children rescued from armed forces to humanitarian agency responsible for interim care, family tracing and reunification; Refrain from and prevent recruitment and use of children in armed conflict in compliance with the United Nations Security Council resolution 1612; Protect displaced civilians against forcible return to or resettlement in any place where their life, safety, liberty and/or health would be at risk. Ensure that displaced civilians and others affected by displacement have access to humanitarian relief and assist the affected people to find solutions to their displacement, including return in safety and with dignity to pre-flight places of origin. Refrain from engaging in combat methods that can lead to starvation of civilians such as attacking, destroying, removing or rendering useless objects or resources indispensable to the survival of the civilian population, such as foodstuffs, agricultural land, livestock, drinking water installations, supplies and irrigation works. These acts constitute a violation of article 14 of Protocol II of the Geneva Convention, which is related to the protection of victims of Non-International Armed Conflict. Respect the United Nations Security Council resolution 1998 which prohibits the use of schools for military purposes and urges them to refrain from actions that impede children s access to education"; Respect international conventions that prohibit attacks on medical facilities and personnel.