INTERNAL NGO REPORT OBSERVATIONS AND RECOMMENDATIONS COLOMBIA MISSION 12-13 AUGUST 2013 As a result of the November 2012 letter from international NGOs in Colombia to the United Nations Emergency Relief Coordinator, this joint mission sought to accomplish the following: a. Support international humanitarian actors to strengthen its leadership, coordination and commitment with the Government of Colombia to assist the most vulnerable and affected populations by the conflict. b. Elevate the profile of the humanitarian situation in Colombia, giving relevance to the most urgent needs of communities affected by the conflict. c. Offer perspectives on the current humanitarian strategy and architecture in order to improve the international humanitarian response in Colombia. The international mission deployed to Colombia included: John Ging, Director of Coordination and Response Division, OCHA NY Patricia Mcllreavy, Senior Director for Humanitarian Policy, InterAction, Washington DC Carlos Mansilla, Regional Humanitarian Manager for Oxfam in Latin America, Oxfam Regional Office in Mexico City Jake Morland, Humanitarian Affairs Officer, CAPALAC, OCHA Gemma Connell, Special Assistant to the Director, CRD OCHA MONDAY 12 AUGUST DAY 1 Field Mission Guapi (Santa Mónica and Limones), Cauca Findings The Victims and Land Restitution Law (2011) was recognized by many to whom the mission spoke as a positive development for Colombia in recognizing the humanitarian needs of populations affected by the conflict. Concerns exist for limited of resources at field level resulting in inconsistent implementation as well as the lack of follow-through on the recent court decision that victims of criminalization be included within the beneficiary catchment. There is a lack of capacity within local authorities, including Unidad de Victimas, to accommodate the needs of the displaced which have increased in recent months (2000 people in the last 6
months 1 ). This is evidenced through the following: lack of a contingency plan in case of natural disasters or mass displacement, gaps in provision (food aid, psychological support, health services) and protection, staffing (capacity, willingness and timeliness were all raised as issues) and facilities to receive IDPs (shelters). The resource deficiencies are compounded by the issue that often supplies and food aid that is provided is not culturally sensitive to the community in need. Transparency and trust remain a concern which highlights the lack of accountability at all levels. This is evidenced through the return processes, which occur at times without security or support. Secondary displacement, no matter the cause, needs to be addressed appropriately. Most of the assistance provided to displace communities in the areas visited is through National Red Cross and other local NGOs. Comments The complexity of needs for the people such as those visited in Limones and Guapi demand a strategy that balances humanitarian and development interventions (WASH, education, health, housing) and is also attentive to their human rights. The community s eagerness to be a partner in their own ascent from poverty and displacement should also remain a cornerstone of programming approaches. Stabilization and transition programs will need to work with government officials local and national on systemic inequalities. Populations need to be informed of their rights, and central government needs to show a respect and recognition of black and indigenous peoples. Including empowering them to manage their own development. International and national NGOs presence is still required to cover the needs of the affected population and more coordination/collaboration and capacity building with local authorities should be prioritized. Dinner with Donors There exists a need for more local-based assessments that include disaggregated data. Need to get the formula right in Colombia must be cautious not to accentuate the positive achievements at the detriment to our duty to assist people in need. Tied to this is the needs to examine humanitarian, human rights and development issues on the ground demonstrate how numerous factors impact populations. The Transitional Solutions Initiative needs more leadership from the development actors. More modesty is needed on behalf of international actors recognize the value-added of government. Humanitarian INGOs play an important role in the conflict in Colombia and there is donor community support for a common humanitarian strategy that serves as a road map (does not need to be validated by government). Must promote assessment of humanitarian action. While consensus may not always be possible, the strategy can promote a vision and demonstrate a value for diversity of actors. Government of Colombia requires better communications on architecture. What are our expected results? Be succinct, practical and clear. Develop constructive approaches and solutions to issues identified. International Humanitarian actors role is to complement efforts of the GoC: HCT should map out GoC engagement, commitment and capacities where is there a lack of capacity, a lack of willingness, a lack of security? Develop response according to actual reason for gap 1 Defensoria del Pueblo Guapi 2
TUESDAY 13 AUGUST DAY 2 Meeting with Fabrizio Hochschild, RC/Humanitarian Coordinator There are positive and negative trends in Colombia. Challenge is to recognize co-existence of both, supporting the positive and calling out the negative (double approach).. There is an increase in killing of land claimants and a diversification of financial earning by criminal armed groups (illegal mining and extortion of small local businesses). Conflict has move from urban to rural areas. Homicides in general have reduced but human right defenders killings have increased. OCHA commissioning study with InSight Crime to examine potential threats. There is a need for international actors to define our peculiar role in a context like Colombia. UN and INGOS role and added value is presence, impartiality and offer constructive guidance and complementary approach: Where are the implementation gaps in humanitarian assistance? What are the long term solutions for IDPs? Must provide clarity beyond numbers what is the solution? TSI? Humanitarian actors are fragmented (physically) and although coordination is better at local level there is a need to review coordination mechanisms at departmental and national level to make them more light, effective and strategic (clusters, CHAP, HCT). Building confidence and trust among the international community is key to improve coordination mechanism and accountability. New GoC recognizes the existence of the conflict and this should be used as an opportunity to develop more sophisticated advocacy messages and engagement between HCT and GoC. RC/HC has a huge task load and as a leader, requires support from UN agencies and INGOs to achieve results which should be sought through the construction of trust and confidence among all actors with accountability at the core of the relationships. RC/HC would like to develop a liaison role for the HCT with the government. HC needs to recognize that NGOs have engaged constructively and he should examine potential informal interactions with the NGO actors to get to know them better (individuals as well as organizational positions). Meeting with NGOs (OXFAM, ACF, Save, Diakonie, NRC, SI) and RC/HC Independence, impartiality and neutrality of HCT is important. Requires strategic coordination, leadership, partnership and accountability. Response must focus on prevention, protection and assistance. Need for 1) common positioning/strategy that will serve as a script for our advocacy, communications, donor searching, operations and coordination mechanisms; 2) understanding and trust among members of HCT ; 3) timely, impartial and effective responses which are able to show positive impact; 4) humanitarian situation to remain a priority; 5) participation of INGOs in decision making; and 6) transparency and accountability mechanisms between the GoC and the International humanitarian community in Colombia. There has been some progress in the coordination but expectations remain. HCT must be improved to allow for strategic discussions and decision making on how to better response and advocate. HCT must propose a relationship with GoC based on a principled humanitarian approach. Need improved advocacy internally and externally on the humanitarian situation in Colombia. It is a country of two realities. Reaching a peace agreement is not the same as obtaining peace. Humanitarian situation on the ground has to remain visible throughout the process of the peace agreement as well as in the aftermath. International humanitarian actors need to show positive impact and quality in their operations in order to ask for accountability to the GoC. Request from UN that NGOs remain principled and pragmatic. 3
Meeting with UNCT (UNDSS, UNDP, UN Women, UNICEF, FS Cluster Coordinator, FAO, IOM, PAHO, UNIC, OHCHR, Office of the RC, OCHA - notable absence of UNHCR and WFP) Little was stated by the UNCT on how to advance a humanitarian strategy. There was the usual discussion on improved data collection and new approaches, as well as the reach of the NGO community. The main take-away was John Ging s pronouncement that the TA is not an imposition of a change in attitude but rather a realization of our failings. There is a fatigue of reform. Now is the time to evolve. The UN (and the HCT) in Colombia will be held accountable for approaches that support bureaucratization and zero-tolerance for risk, as these are proven to result in a poor response. Colombia must respond at the strategic level and it has some work to do on this. Donors are also facing financial crisis and there is a need to look for other funding opportunities (private sector). Coordination in HCT should improve as a way to bring meaning to strategic discussions, not just for information sharing purposes. In December 2013, Colombia coordination structure will be discussed at the global level during the donors meeting with humanitarian emergency directors. Meeting with HCT (30 pax+) Presentation by OCHA Colombia highlighted the complexity of the response needs structural protection gaps, chronic protracted crisis; violence and threats take many forms; absence of services. The HCT needs to examine the two Colombias together and determine an appropriate response mechanisms not just about humanitarian or development but a double approach. Must strengthen institutions. Meeting with ICRC Humanitarian needs on the ground will continue despite peace talks or peace agreements, although may shift if peace agreed and country goes into transition. Havana talks may not result in full peace agreement by November; more likely to have a preliminary special agreement on key issues ceasefire possibly. There are various options, any of which can be taken by Santos to build trust of the population towards the peace process. Criminal violence will continue regardless of Havana as there are other illegal armed actors that will continue to exercise all types of violence against civilians. The recognition of the conflict by the GoC and the peace talks are an opportunity for UN and others to engage in open discussions and advocate with the GoC to allow access to armed parties, allowing better exchange of information and reach/assist to populations in need. Needs will increase in short-term landmine clearance, DDR, child DDR, sexual violence. Communities want assurance of assistance from a state system, not short-term responses. At the top levels of government, there is genuine will to help victims. Political, financial and legal institutions exist. What is missing is the management of these. Corruption, overcomplicating solutions will take time to resolve. Internal government debates on division of responsibilities and who gets what services will continue. Humanitarian structure needs to change, and gain better access. A key challenge is the return of the displaced as it is not only caused by the conflict but also due to underdevelopment and lack of basic services and economic opportunities. Even if security improves, we can assume that many will not go back. This calls for both a humanitarian and development solution. Role of international humanitarian actors is to intervene where GoC is not present (security access, 4
lack of capacity and resources) or when the ley de victimas does not apply (victims of violence by other illegal armed actors that are not FARC). Lunch with Vice Minister of Foreign Affairs & Presidential Agency for Cooperation in Colombia Humanitarian response by GoC is divided in natural disasters and conflict, caution not to mix pillars (UARIV and UNGRD) although they recognize that many people are affected by both (double affectation). Questioned why OCHA doesn t have a bilateral agreement with GoC (as other UN agencies). Suggested a reworked common humanitarian framework could provide this. OCHA agrees that a future framework should address issues such as: ways of working, structure, information sharing systems and response protocol. Government recognizes more coordination needed doesn t need to be formal agreements but would like to consider how to have joint guidance on humanitarian issues. Possibly the GoC can form a committee made of the international humanitarian actors and the GoC that will examine engagement on principles, access and relationship strengthening and identification of avenues for NGOs to assist under a common coordination framework. Concern over external portrayal of Colombia by international actors. Ask that UN, donors and NGOs examine national indicators as these demonstrate how Colombia sees itself. Government doesn t have a clear picture of who is doing what where. Would like more information so as to know each other better. Improve information flow. Any document prepared though would need to be based on agreed information expectations. What do international actors see as their value-added, their experiences and expertise that they can bring to Colombia? MFA and APC will talk to UARIC and UNGRD and examine what processes may be suitable (e.g. mapping of value-added) and look at when to call a meeting with OCHA and the international humanitarian actors (possibly within the next month) in order to advance on developing the common humanitarian framework. Meeting with Victim s Unit - UARIV Main humanitarian actor inside the GoC, capacity has been strengthened by international actors. Personal relationships exist, though may wish to formalize relationship to have better information of who is doing what and where. Welcome criticism of international actors, understand need for advocacy as a way to guarantee respect of international humanitarian principles. Ask that we recommend solutions. Political issues exist regarding court decision unit does not want responsibility for gang violence displacement. Government needs to do something, but not through the unit. There are differences of opinion related to this, and sensitivities (e.g. MoD is conceptually opposed to recognizing criminal groups as parties to the conflict). UARIV recognizes that there are gaps in the implementation but this is a structural problem that many other state institutions are facing. Where is the value-added for international humanitarian actors/hct? o Strengthen capacity of local actors to assist victims (staff, offices, emergency stocks, response protocols in place, etc); o Capacity building for the UARIV in WASH and emergency shelter; o Articulation and coordination of information at local and national level; o Coordination for joint interventions (including acting as a proxy for unit); o Assist communities that unit cannot reach and share information; o Support processes of social and economic stabilization in long term displacements (transition); 5
o o Generate capacity for self-sufficiency in communities (livelihoods). This could be seeds and tools distribution or delivery of construction materials. Also mentioned the construction of communal centers which could serve as IDP reception sites. Support grassroots/local participation by strengthening communities to be advocates of their rights for assistance and protection. Build resilience. Meeting with Disaster Response Unit - UNGRD Focused on natural disasters with 3 main tasks risk assessment; risk reduction; disaster management which includes preparedness and response. Closely coordinates with OCHA and HCT. See advantage in international humanitarian capacities, tools (standards), methodologies and experience. Sees role for intl actors within preparedness, training and response as a way to complement their capacity and expertise. They are building their capacities and see a role of international actors in WASH (Oxfam already supporting), Health in emergencies, Shelter and Emergency Food Security and Vulnerable Livelihoods. National contingency plan (response strategy) under development. Challenge is gaps within units double affectation of IDPs. Looks to build protocols. Local level coordination good, need to do better at national level. Constraints are legal and budget limits. Open to assistance from international actors. Top need is national sector coordination between the different state institutions involved in humanitarian assistance (UARIV and SNGRD). EXPECTED RESULTS / ACTION POINTS The expected results of the mission were interlinked: improve the international humanitarian response and coordinating mechanisms in Colombia and create an action plan to follow through on the intercluster evaluation recommendations. These can both be achieved through accomplishing the following actions. Suggested deadlines are provided, though it is noted that some of the below APs are already under discussion within the HCT and earlier timeframes should be sought as possible. AP: Create a strategic and representational smaller HCT, with decision-making authority (all tasks by September 13, 2013) o Representational will mean that the RC/HC will have to give guidance to the UN, donors and the INGOs on how many seats they will have at the HCT. o Clarity will need to be provided to remaining actors on how they can provide advice on decisions and receive information. o Representation of UN and INGOs will have to build on trust, confidence and accountability. o The TOR for the HCT will need to be updated, clarifying purpose and processes focused on strategic decision making. o NGOs may need to create a forum to guide and support representatives. NGO knowledge, access and expertise is critical (and this was noted by all parties with whom we met). AP: Smaller HCT to develop a humanitarian strategy (by October 31, 2013). o This approach will require actors to adjust and recalibrate while still moving ahead. But it will also provide a script for HQs, donors, etc on international humanitarian actor priorities in Colombia. Must define and deliver on your relevance. o In the development of a common strategy, the HCT will need to: assess gaps; draft a needs-based vision statement and action plan; 6
o o agree on the priorities of both the HCT and a holistic response plan; and elaborate common messaging through an advocacy strategy. The HCT will need to decide how role of the government vis-à-vis the strategy and the type of engagement required with the GoC. The HCT will need to follow-up with MFA/APC on their possibly formation of a humanitarian committee, and how the international humanitarian actors will be represented. AP: HCT to develop mechanisms to measure success. Can be simple: is the HCT agenda strategic? Is there a list of action points post-meeting? Are those action points followed? o Emergency Directors of the IASC (UN and NGOs) will meet with each other on December 2 for the global operational review, including HC leadership, and on December 3 with the donors for a meeting on the transformative agenda and Colombia new coordinating structure will be discussed. AP: Colombia INGOs need to guide mission participants on what other follow-up is desired. Possibilities include: o Review of draft strategic statement once developed; o Assistance with lessons learned guidance on HCTs, NGO forums and representational arrangements (consortium); o Assistance with arranging advocacy trips to US/Europe; o Representation of Colombia NGO voice at regular high-level OCHA meetings and/or December ED meeting; o Advocacy message delivery, on funding, response dimensions, access, etc. o Follow up/monitoring mission in the short or middle term. Drafted by IA (Patricia Mcllreavy) and OXFAM (Carlos Mansilla), final 29 August 2013 7