MCDA Guidelines and Country-specific Civil-Military Guidelines

1. Tempest Express -25 June 2014 MCDA Guidelines and Country-specific Civil-Military Guidelines Viviana De Annuntiis OCHA Regional Office for Asia and the Pacific http://www.unocha.org

2. OCHA • Learning Outcomes • DEFINE THE PURPOSE OF THE GLOBAL • UN-CMCOORD GUIDELINES • IN COMPLEX EMERGENCIES • EXPLAIN THE APPLICABILITY • OF THE MCDA GUIDELINES At the end of the session participants will…. • HIGHLIGHT • THE KEY MESSAGES • OF THE IASC NON BINDING GUIDELINES FOR THE USE OF ARMED ESCORTS • COMPARE THE MCDA GUIDELINES WITH THE COUNTRY-SPECIFIC • GUIDANCE IN DRC • AND CAR

3. OCHA • Overview GLOBAL CIVIL-MILITARY COORDINATION GUIDELINES COMPLEX EMERGENCIY DIFFERENCES IN GLOBAL CIVIL-MILITARY COORDINATION GUIDELINES COUNTRY SPECIFIC CIVIL-MILITARY COORDINATION GUIDELINES

4. Part I – Global Civil-Military Coordination Guidelines Civil-Military Guidelines & Reference for Complex Emergencies

5. Complex Emergencies • Complex Emergencies • Civil-Military Guidelines & Reference for Complex Emergencies • MCDA Guidelines: The Use of Military and Civil Defence Assets to Support United Nations Humanitarian Activities in Complex Emergencies (Rev. 1, January 2006) • IASC Reference Paper on Civil-Military Relationship in Complex Emergencies (June 2004)

6. Scope: Use Of Military And Civil Defence Assets In Complex Emergencies

7. COMPLEX EMERGENCY “A humanitarian crisis in a country, region, or society where there is a total or considerable breakdown of authority resulting from internal or external conflict and which requires an international response that goes beyond the mandate or capacity of any single agency and/or the on-going UN country programme” (IASC)

8. MCDA Guidelines- Historical Background Late 90s: Humanitarian emergencies (Kosovo, East Timor, Sierra Leone, and Ethiopia/Eritrea); need for the development of new guidelines focusing on the complex emergency environment March 2003: First version released 26 June 2003: Launched in Brussels January 2006: Updated version (Revision 1)

9. The MCDA Guidelines - outline • Part 1: Principles and Concepts • Core Principles • Key concepts for Use of MCDA resources • Avoiding Reliance on Military Resources • When to use Military and Civil Defence Resources to Support Humanitarian Activities; • Operational Standards for the Use of UN-MCDA • Operational Standards for the Use of Other Deployed Forces • UN-CMCoord in Complex Emergencies • Part 2: Tasks and Responsibilities • Affected State and Transit States • HC/RC • UN Humanitarian Agencies • OCHA • Assisting State and Foreign Military or Civil Defence Commanders. UN-CMCoord Cell, Mali, 2013 – Credit: Sophie Solomon Central African Republic, 2013 – Credit: Sergio Da Silva

10. Key principles: • Humanitarian assistance must be provided in accordance with the principles of humanity, neutrality and impartiality. • The United Nations seeks to provide humanitarian assistance with full respect for the sovereignty of States. • As a matter of principle, the military and civil defence assets of belligerent forces or of units that find themselves actively engaged in combat shall notbe used to support humanitarian activities.

11. KEY PRINCIPLES Credit: WFP/Simon Crittle • Last Resort • Humanitarian operation retains its civilian nature and character • Use of MCDA should focus on indirect assistance and infrastructure support missions • Use of MCDA limited in time and scale • Avoid becoming dependent on military resources

12. Decision-makers must weigh the risk to relief workers and their ability to operate effectively at the moment, and in the future, against the immediacy of the needs of the affected population and the need for the use of military and civil defence assets.

13. Box 1. Key principles of the Oslo Guidelines5. Last resort: foreign military and civil defence assets should be requestedonly where there is no comparable civilian alternative and only the use ofmilitary or civil defence assets can meet a critical humanitarian need. Themilitary or civil defence asset must therefore be unique in capability andavailability. 22 24. Military and civil defence assets should be seen as a tool complementingexisting relief mechanisms in order to provide specific support to specificrequirements, in response to the acknowledged ‘humanitarian gap’ betweenthe disaster needs that the25. MCDA can be mobilized and deployed bilaterally or under regional or al-liance agreements as ‘other deployed forces’ or as part of a United Nationsoperation as ‘UN MCDA’. All disaster relief . . . should be provided at therequest or with the consent of the Affected State and, in principle, on thebasis of an appeal for international assistance.26. All relief actions remain the overall responsibility of the Affected Stateand are complemented by foreign MCDA operating bilaterally or within aninternational relief effort.27. Foreign MCDA assistance should be provided at no cost to the AffectedState, unless otherwise agreed between concerned States or regulated byinternational agreements.28. An Assisting State deciding to employ its MCDA should bear in mind thecost/benefit ratio of such operations as compared to other alternatives, ifavailable. In principle, the costs involved in using MCDA on disaster reliefmissions abroad should be covered by funds other than those available forinternational development activities.34. . . . as a general principle, UN humanitarian agencies must avoidbecoming dependent on military resources and Member States areencouraged to invest in increased civilian capacity instead of the ad hoc useof military forces to support humanitarian actors. Source: Oslo Guidelines, Nov. 2006 update. 22 For the most recent revision of the text on ‘last resort’, which was made in Nov. 2007, see chapter 6. A changing landscape for disaster relief assistance 11 Summary Key questions to help guide the decision to use MCDA: Are they the option of last resort, indispensable and appropriate? Are the countries offering MCDA also parties to the conflict? Based on the need, is a military or civil defence unit capable of the task? How long will they be needed? Can they be deployed without weapons or additional security forces? How will this association impact the security of UN personnel and other humanitarian workers? How will this impact the perceptions of UN neutrality and/or impartiality? What control and coordination arrangements are necessary? How and when will transition back to civilian responsibility be achieved? What are the consequences for the beneficiaries, other humanitarian actors, and humanitarian operations in the mid to long term? Scope of Use: Complex Emergencies 2010 Haiti, Cholera outbreak – Credit: UNICEF, M. Dormino

14. Part II – Global Civil-Military Coordination Guidelines Civil-Military Guidelines & Reference for Complex Emergenciesvs Guidelines on the use of Foreign Military and Civil Defence Assets (MCDA) in Disaster Relief

15. Key UN-CMCoord Guidelines Guidelines on the Use of MCDA to support United Nations Humanitarian Activities in Complex Emergencies (MCDA Guidelines) Guidelines on the use of Foreign Military and Civil Defence Assets (MCDA) in Disaster Relief (The Oslo Guidelines) Scope of use: - Natural, technological and environmental disaster (peacetime) Scope of use: - Complex emergencies Key concepts: - Last resort (complementarity) - At no cost - Consent of the Affected State - Avoid dependence on MCDA - Perception - Critical areas for coordination Key concepts: - Last resort - At no cost - Consent of the Affected State - Avoid dependence on MCDA - Perception - Time-limited- Smooth transition - Parties to conflict: no involvement - Hierarchy of tasks - Minimum amount of liaison required - Requirement for the sharing of information Key principles (common to both sets of guidelines): - Humanitarian principles / Humanitarian imperative

16. Hierarchy of Humanitarian Tasks Performed Direct Assistance: Face-to face distribution of goods and services - handing out relief goods, providing first aid, transporting people, interviewing refugees, locating families etc. Indirect Assistance: At least one step removed from the population - transporting relief goods, building camps and shelters, providing water sources, clearing mines and ordinance, etc. Infrastructure Support: General services that facilitate relief, but are not necessarily visible to, or solely for, the benefit of the affected population - repairing infrastructure, operating airfields, providing weather info, ensuring access to communications networks, etc.

17. Appropriate Relief Tasks of Military Actors - based on missions Availability and impartiality of forces decreases Peaceful Peace & Security Activities Combat Mission of Military Peacekeeping Peace Enforcement Humanitarian Tasks Direct Maybe Maybe No No Indirect Yes Maybe Maybe No Infrastructure Support Yes Yes Maybe Maybe Visibility of task decreases

18. UN-CMCOORD SPECTRUM OF STRATEGIES Coordination Cooperation Planning Task Division Information Sharing Co-existence Information Sharing Task Division Planning

19. Questions?

20. Updated Guidelines on the Use of Armed Escorts for Humanitarian Convoys IASC Non-Binding Guidelines (2013)

21. GENERAL RULE Humanitarian Convoys will not use armed escorts

22. Undermine position of neutrality, impartiality and independence • Armed escort may become a target • Armed escort capacity to respond • Pressure others to use armed escorts • Create dependence • Cooperation with one armed actor could reduce Humanitarian space CONSEQUENCES OF USING ARMED ESCORTS

23. ALTERNATIVES TO THE USE OF ARMED ESCORTS • Cultivate greater acceptance • Humanitarian negotiations (incl. access arrangements) • Remote management/programming • Low profile approach • Area security • Innovative program design and monitoring • Suspend or cease operationsn

24. CRITERIA FOR THE EXCEPTIONAL USE OF ARMED ESCORTS As a last resort, in exceptional circumstances and when key criteria are fulfilled, the United Nations Designated Official for Security will decide on the use of armed escorts for humanitarian convoys • Humanitarian Need & Programme Criticality • Responsible Authorities • Safety & Security • Sustainability

25. Guiding Principles • Primacy of humanitarian criteria • Humanitarian Identity • Primacy of humanitarian organisation in humanitarian work

26. Part III Country Specific Civil-Military Coordination Guidelines: Process and Challenges

27. Why UN-CMCoord HCT Position Papers & Country-Specific Guidance? • Lack of common position and country-specific guidance prior to an emergency may delayed decisions on use of MCDA. • Existing country-specific guidance contributes to successful civil-military interface and decision-making by HCT.

28. Do’s – Best Practices • Plan sufficient time to consult with all key stakeholders, both through a task force and in bilateral meetings with actors that may not (want or be able to) be part of the task force. • Ensure engagement and buy-in from the DSRSG/RC/HC and HCT from the start of the process and enlist HCT members or their representatives in the guidelines’ drafting task force. • Endorsement of the guidelines following an engaging and participatory process will facilitate acceptance of and adherence to the non-binding guidelines. • Ensure that there will be dedicated commitment and sustained involvement of the task force members throughout the process.

29. Challenges • Definition of the operating environment. • Definition of Last Resort. • Use of Armed and Military Escorts. • Developing guidelines with humanitarians, mission personnel, military and police forces  common ground vis-à-vis differences. • DSRSG/RC/HC in Integrated Missions. • Blurring of lines.

30. Guidelines for interaction between MONUC military and humanitarian organizations (2006)

31. Aim of the Guidelines Aim: Improvingthe interaction between the MONUC peacekeeping force (MONUC military) and the humanitarian organizations. Developed by the MONUC CIMIC Unit, OCHA and MONUC HAS, with the contribution of the UN Country team in the DRC, other civil components of MONUC, in-country humanitarian donors and INGOs

32. Part A GENERAL PRINCIPLES AND DEFINITIONS Part B OPERATIONAL GUIDELINES

33. Guidelines - outline Part A: General Principles and Definitions MONUC military and humanitarian actor’s mandates Principle of cooperation Principle of distinction Definition of key terms Principles of humanitarian action Principles of CIMIC operations Roles of OCHA, MONUC HAS and MONUC CIMIC Part B: Tasks and Responsibilities Liaison arrangements, lines of communication Coordination Type of information to be exchanged Security of humanitarian personnel Use by humanitarians of military assets Use by humanitarians and MONUC military of MONUC civilian asset Humanitarian operations carried out by MONUC military Training DDR process and reintegration programs for former combatants Implementation of the Guidelines

34. PRINCIPLE OF COOPERATION Cooperation between MONUC military and humanitarian actors is made necessary by the close inter-relation of the respective actors’ role in protection and assistance activities in protecting and assisting the civilian population, military and humanitarian actors represent different facets of the overall endeavor

35. PRINCIPLE OF DISTINCTION There should always be a clear distinction between peacekeeping military and humanitarian actors. The principle of cooperation between MONUC military and humanitarian actors must therefore be limited by the principle of distinction.

36. OPERATIONAL GUIDELINES Liaison arrangements

37. Range of Interfaces for Humanitarian-Military Liaison Range/Continuum of Strategies of Approaches Cooperation Co-existence The UN-CMCoord function facilitates the establishment and maintenance of all possible interfaces • Limited Liaison Liaison visits Liaison Exchange (secondment) Conduit or interlocutor Co-location Hum Hum Hum Hum Hum Liaison Officer Liaison Officer Mil Liaison Officer Liaison Officer Hum Liaison Officer Liaison Officer Mil Mil Mil Mil

38. Information Sharing • Humanitarian locations: coordinates of humanitarian facilities, especially if they are included in a possible military operating theatre. • Humanitarian activities: plans of action, routes and timing of humanitarian convoys and airlifts, in order to coordinate planned operations and avoid accidental strikes on humanitarian convoys • Mine-action activities • Security information • Population movements • Post-strike information • Customs and airport clearances

39. Information Sharing • MONUC military might not share some confidential information relating to certain military operations. • Humanitarian agencies and organizations might not share: • Information of a nature to compromise their independence, neutrality, impartiality or their security in the field; • Information relating to some victims or individuals assisted or protected, when they deem that transmitting such information might be detrimental to the security of these victims.

40. SECURITY OF HUMANITARIAN PERSONNEL The use of military/armed protection for humanitarian premises or personnel is an extreme precautionary measure that should be taken only in exceptional circumstances, on a case-by-case basis and on request of the agency/organization. This should be a last resort option when other staff security mechanisms are unavailable, inadequate or inappropriate.

41. USE BY HUMANITARIANS OF MILITARY ASSETS Military assets must be used in accordance with the guidelines on “The Use of Military and Civil Defense Assets to Support UN Humanitarian Activities in Complex Emergencies” issued in March 2003 (MCDA Guidelines)

42. Hierarchy of Humanitarian Tasks Performed Direct Assistance: Face-to face distribution of goods and services - handing out relief goods, providing first aid, transporting people, interviewing refugees, locating families etc. Indirect Assistance: At least one step removed from the population - transporting relief goods, building camps and shelters, providing water sources, clearing mines and ordinance, etc. Infrastructure Support: General services that facilitate relief, but are not necessarily visible to, or solely for, the benefit of the affected population - repairing infrastructure, operating airfields, providing weather info, ensuring access to communications networks, etc.

43. HUMANITARIAN OPERATIONS BY MONUC MILITARY • WHAM • They should in principle not be activities of direct relief or assistance, but rather be activities of indirect relief such as rehabilitation of infrastructure; • They should not be undertaken in situations where there are ongoing hostilities with one or more factions; • When planning and implementing WHAMS, it is recommended that these activities be coordinated by the MONUC military with the humanitarian organizations present in the area.

44. HUMANITARIAN OPERATIONS BY MONUC MILITARY - Direct Assistance • Only in exceptional circumstances and as a last resort measure; • No comparable civilian alternative to the military activities (MONUC military are the only actors on the ground or the humanitarians lack the capacity and/or resources to respond to critical and life threatening needs of the civilian population); • Operations necessary to meet urgent and critical needs of the civilian population; • The planning and implementation of these operations should take place in close coordination with OCHA and HAS.

45. Position of the Humanitarian Country Team (HCT) on the Interaction of the Humanitarian Community and the Armed Forces present in the Central African Republic

46. HCT Position Paper • Strategy of cooperation in the areas of security and protection of civilians (common objectives but different approaches and means). • Military involvement in humanitarian forums/ clusters is not desirable to maintain a clear distinction between humanitarian actors and military activities. • Civil-Military Coordination framework in place to facilitate dialogue and interaction necessary to promote humanitarian principles and discuss key issues related to access and protection of civilians.

47. HCT Position Paper • Distinction between military and humanitarian actors and activities is essential and necessary. • Humanitarian teams cannot carry equipment/ military personnel and this cannot be imposed by the armed forces. • Humanitarian workers must never present themselves or present their work as part of a military operation; military should refrain from presenting themselves as aid workers or claim to provide humanitarian assistance.

48. HCT Position Paper • The use of armed or military escorts for humanitarian actors is to be discussed on a case by case basis for each area; • Alternative strategies in place to ensure the safety and security of humanitarian convoys must be preferred; • The use of armed escorts by one humanitarian actor could affect the perception of neutrality of all humanitarian actors and compromise the independence of humanitarian operations while endangering aid workers and affected populations.

49. HCT Position Paper • Evacuation of civilians under direct threat might require armed escorts; this should be coordinated within the HCT and approved by the Humanitarian Coordinator. • The decision to request/accept the use of military or armed escorts cannot be imposed by the military and/or political authorities. • The use of armed escorts cannot be taken unilaterally; it must be the result of a transparent decision-making and collaborative process within the HCT. • Humanitarian agencies conduct independent humanitarian assessments to determine the nature and extent of needs and must be able to access all vulnerable populations in all regions affected by the emergency. • MISCA and Sangarisare mandated to contribute to the PoC and the creation of an enabling environment for the delivery of humanitarian assistance to people in need (SCR 2177).

50. OCHA • Learning Outcomes • DEFINE THE PURPOSE OF THE GLOBAL • UN-CMCOORD GUIDELINES • IN COMPLEX EMERGENCIES • EXPLAIN THE APPLICABILITY • OF THE MCDA GUIDELINES At the end of the session participants will…. • HIGHLIGHT • THE KEY MESSAGES • OF THE IASC NON BINDING GUIDELINES FOR THE USE OF ARMED ESCORTS • COMPARE THE MCDA GUIDELINES WITH COUNTRY-SPECIFIC • GUIDANCE IN DRC • AND CAR