HUMANITARIAN ASSISTANCE FROM THE PERSPECTIVE OF DIPLOMACY

Setsuko KAWAHARA

Professor, Graduate School of Law, Hitotsubashi University

(Former Director, Humanitarian Assistance and Emergency Relief Division, MOFA )

*All views expressed are purely personal ones and don’t represent the government at all.

IHL and HA●IHL and HA = 2 sides of 1 coin

• History: “Un Souvenir de Solferino” by Henry Dunant

• Humanitarian catastrophe + realistic view (war can’t be abolished)

• Resolution of Geneva International Conference, 1863

(establishment of a Committee to assist Army Medical Service for treatment of wounded soldiers) 1st organization for HA

• Geneva Convention, 1864

(military hospitals shall be neutral + wounded combatants, regardless of nationalities, should be cared for and returned. ) 1st IHL

●Common objective: mitigate the human damages & sufferings

●Difference: IHA(armed conflicts)vs. HA(armed conflicts + natural disasters)

Change of focus in IHL and HA• Traditional war: soldiers vs.

soldiers in war fields

• Focus: mitigate damages and sufferings of soldiers

• Modern war: devastating damage by modern weapons ⇒civilian casualties (unintentional)

• Internal conflicts in post Cold War:

⇒attack to civilians and hindrance of HA as strategic means

・Focus: mitigate damages to civilians

War field

Main actors of IHL and HAIHL

• ICRC(guardian+promotion)

• Governments(create IHL, interpret and implement IHL)

• Parties to the conflict(obliged to respect and comply with IHL)

HA

• ICRC, IFRC, national societies

• UN organs(UNICEF, UNHCR, WFP, UNOCHA, UNRWA etc.)

• Governments

• NGOs(international, domestic)

• Private sector(donation + in-kind contribution)

• Citizens(donation)・Everybody should work together!・Many common basic principles and guidelines were created.

HA by governments: 3 tools(Japan’s case)①Personnel/team

• Natural disaster: Rescue, medical team + SDF(medical, transportation)

• Armed conflict: necessary personnel + SDF(transportation etc.)

②Relief goods/equipment

• Natural disaster: tent, blanket, generator, water purifier etc.

• Armed conflict: same as above

③Funding

• Natural disaster & conflict: funding to international organizations, ICRC, IFRC, affected governments, NGOs.

PKO Act

JDR Act

JICA Act

Funding Mechanism

6

citizen/tax payer

Governments Red CrossUN agencies

NGOs

affected people/government

donationdonation

Budget from taxation

donation

contract

contribution contribution

contribution

blue line : financial flow, red line : delivery of services

ccCoordination on the ground!

Global Principles on HA●Fundamental Principles: Neutrality, Independence, Impartiality, Humanity

⇒NIHA (4 among 7 principles agreed at international conference, 1965 )

●Basic Principles on HA by governments: based on the request/consent of the government of the affected country ⇔unlawful intervention

●Principles on HA by military

①based on the request/consent

②last resort(only in cases civilian capacity can’t meet the humanitarian needs)

③in principle, unarmed

●Principles on Funding by governments(Good Humanitarian Donorship)

①based on the needs

②speedy, flexible funding

③preferably un-earmarking

Related to NIHA Principles

Challenge 1 : consent of the government●2/27 (Sat) Earthquake, M 8.8 at 3 p.m.(Japan T)・Japan offered assistance by diplomatic channel・Statement of President on TV: ①78 deaths, ②will not accept/request foreign assistance●2/28 (Sun) • Strong domestic criticism to the statement• Increase of victims to 700 deaths• Domestic pressure to receive assistance ●3/1(Mon)• Diplomatic Note requesting GOJ to send “field

hospital(hospital campagna)”• Decided to send a medical team, it departed Narita●3/2(Tue)• Chili declined to accept the medical team 27 February, 2010, Chilean earthquake

Challenge 2: security of HA workers

• 13 Jan(Japan T), 2010 Haiti Earthquake (M 7.0)

• Immediately decided on financial contribution & relief items

• News: collapse of UN office, death of the Head of MINUSTA and many UN staff, break up of jails, thousands of prisoners escaped

• Japan’s Law: prohibition on carrying arms by police and SDF staff when deployed for HA in natural disasters

• Gave up deployment of the rescue team

• In stead, decided the deployment of a civilian medical team & SDF medical unit (protected by foreign PKO troops) UN Headquarters in Haiti,

January 2010

Challenge 3: neutrality and impartiality• Governments play a crucial role as donors

in making financial assistance

• Ideal: completely neutral, impartial, purely based on needs assessed by HA organs ⇒no-earmark, rely on HA organs

• Reality: accountability (difficulty in explaining needs and outcomes), diplomatic priority + tax payer’s views

(e.g. DPRK)

• How to strike a balance between HA principles and diplomacy (=pursue national interests)

Total ODA ranking

HA funding ?

US US 6.5%

UK UK 10.8%

France Japan 10.8%

Germany Sweden 54.1%

Japan Norway 48.8%

Spain Spain 10.8%

Canada Australia 8.2%

Norway Germany 18.1%

Sweden Netherlands 38%

Australia Switzerland 51.8%

OECD/DAC statistics 2010 (ODA and HA funding) UNOCHA financial tracking service (2010 for non-earmarking)

Thank you for your Attention!

Any question?