resolutions: council of delegates 2011 and 31st international conference of the red cross and red...

7/31/2019 Resolutions: Council of Delegates 2011 and 31st International Conference of the Red Cross and Red Crescent

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InternatIonal ConferenCe

ofthe red Crossand red CresCent

Geneva, 28 november 1 deCember 2011

CounCIlof deleGates

ofthe InternatIonal red Cross

and red CresCent movementGeneva, 26 november 2011

resolutIons

31st


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The resolutions are available on the websites o the International Committee

o the Red Cross (www.icrc.org), the International Federation (www.irc.org)

and the Standing Commission (www.standcom.ch) in the sections devoted

to the 2011 Council o Delegates and the 31st International Conerence o

the Red Cross and Red Crescent.

All documents related to the 31st International Conerence remain available

on its website at www.rcrcconerence.org.


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Table o contents

Cci D IriRd Cr d Rd Crc Mm

Geneva, 26 November 2011

Contents

Agenda 3

Resolution 1 Working towards the elimination o nuclear weapons 5

Resolution 2 Movement components relations with external humanitarianactors

7

Resolution 3 Strategy or the International Red Cross and Red Crescent

Movement (Movement Strategy)

8

Resolution 4 Revision o National Society statutes and legal base 10

Resolution 5 Implementation o the Memorandum o Understanding andAgreement on Operational Arrangements,dated 28 November 2005, between the Palestine Red CrescentSociety and the Magen David Adom in Israel

12

Resolution 6 Preserving the historical and cultural heritage o theInternational Red Cross and Red Crescent Movement

14

Resolution 7 National Societies preparing or and responding to armedconict and other situations o violence

15

Resolution 8 Agenda and programme o the 31st International Conerenceo the Red Cross and Red Crescent

19

Resolution 9 Proposal o persons to ll the posts o ocers at the 31stInternational Conerence o the Red Cross and Red Crescent

20

1

Resolutions o the 2011 Council o Delegates


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31 Iri Crc Rd Cr d Rd Crc

Geneva, 28 November 1 December 2011

Contents

Agenda and Programme 23

Resolution 1 Strengthening legal protection or victims o armed conicts 26

Resolution 2 4-year action plan or the implementation o internationalhumanitarian law

28

Resolution 3 Migration: Ensuring access, dignity, respect or diversity and

social inclusion

34

Resolution 4 Furthering the auxiliary role: Partnership or stronger NationalSocieties and volunteering development

36

Resolution 5 Health care in danger: Respecting and protecting health care 39

Resolution 6 Health inequities with a ocus on women and children 42

Resolution 7 Strengthening normative rameworks and addressingregulatory barriers concerning disaster mitigation, responseand recovery

45

Resolution 8 Implementation o the Memorandum o Understanding andAgreement on Operational Arrangements,dated 28 November 2005, between the Palestine Red CrescentSociety and the Magen David Adom in Israel

48

Resolution 9 Our World. Your Move For Humanity 51

Resolutions o the 31st International Conerence o the Red Cross and Red Crescent


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Agenda

3

Agenda

I. Elections, agenda and proceduralmatters

1. Opening o the Council

2. Election o the Chair, Vice-Chair and

Secretaries o the Council

3. Adoption o the Agenda o the Council o

Delegates

II. Issues for debate and decision

4. Nuclear weapons

Building on Resolution 7 adopted by the 2009

Council o Delegates, the drat resolutionhighlights the human costs o nuclear weaponsand the diculty o reconciling their use withinternational humanitarian law. It will urtherdene a position o the International Red Crossand Red Crescent Movement (Movement) onsuch weapons.

5. Movement components relations with

external humanitarian actors

As ollow-up to a recommendation rom the 2009Council o Delegates workshop on Relationswith Actors outside o the Movement, the draresolution calls on all Movement componentsto endorse a proposal or urther action insupporting Movement partners relations withexternal humanitarian actors in a coordinatedand coherent manner and in line with theFundamental Principles.

6. National Societies preparing or andresponding to armed conict and other

situations o violence

Following up the 2009 Council o Delegatesworkshop on Collective responsibility andpartnerships recommendation, in view o recent

world events and on the basis o a backgroundreport, the resolution calls upon leaders oNational Red Cross and Red Crescent Societies(National Societies) to improve preparation andpositioning or greater access to those in need inarmed conict and other situations o violence.

It encourages the International Committee o theRed Cross (ICRC), the International Federationo Red Cross and Red Crescent Societies(International Federation) and National Societiesto continue developing a practical guide that willenhance the saety and protection o NationalSociety staf and volunteers and improve accessto and protection o the beneciaries they serve.

Furthermore, the resolution invites theInternational Federation and the ICRC to denehow the mandates, roles and responsibilities oNational Societies in armed conict and other

situations o violence may best be relectedin National Societies statutory and legal baseinstruments.

7. Strategy or the Movement

As ollow-up to Resolution 2 o the 2009 Councilo Delegates, the Standing Commission presentsthe evaluation o the Strategy or the Movement.

Te dra resolution will outline continued workon Movement ora and on reviewing and/orrevising National Society statutes. Te resolutionwill urther outline options or Movement-levelstrategic guidance based on the evaluationndings and recommendations.

8. Memorandum o Understanding between

the Palestine Red Crescent Society and theMagen David Adom in Israel

Report by the Monitor on progress inimplementation

CounCIl o Delegates o the InteRnatIonalReD CRoss anD ReD CResCent MoveMent

g, 26 nmbr 2011

Table o contentsResolutions o the 2011 Council o Delegates


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III. Issues for decision

9. Red Cross Red Crescent heritage

Te dra resolution calls on all components o

the Movement to raise the priority accorded tothe preservation, utilization and promotion otheir historical and cultural heritage.

10. 31st International Conerence o the RedCross and Red Crescent

10.1. Adoption o the agenda o the 31stInternational Conerence o the RedCross and Red Crescent (InternationalConerence)

10.2. Proposed ocers or the 31st InternationalConerence

IV. Follow-up to the 2009 Council ofDelegates

Te ollow-up reports will be submitted as workingdocuments to all members, 45 days beore the openingo the Council o Delegates.

National Societies wishing to raise issues stemming

rom the reports shall inorm the Standing Commissionin advance or such requests to be added to the Councilo Delegates agenda. Written comments to the reportsare welcomed in advance.

No follow-up reports will be introduced / discussed at

the Council unless requested by a National Society as

per above.

1. Report on the work o the Standing Commission(Regular report to the Council o Delegates)

2. Report on the implementation o the Movementpolicy on internal displacement(Resolution 5 / 2009 Council o Delegates)

3. Report on experiences by Movement componentsrom the Code or Good Partnership(Resolution 9 / 2009 Council o Delegates)

4. Report on the progress in implementation o

the Seville Agreement and its SupplementaryMeasures(Regular report to the Council o Delegates)

5. Report on the Empress Shken Fund(Regular report to the Council o Delegates)

6. Report on implementation o the MovementStrategy or Restoring Family Links(Resolution 4 / 2007 Council o Delegates)

V. Closing of the Council

Conrmation o date and venue o the 2013 Councilo Delegates

VI. Commissions

Tree parallel commissions convene aer the closingo the Council to prepare or the 31st InternationalConerence.

Te discussions will ocus on Conerence proceduresand on key issues on the agenda rom a Movementperspective.

ime required: 1.5 hours

Henry Dunant Medal Ceremony, to be ollowed by areception hosted by the ICRC and the InternationalFederation


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Resolution 1: Working towards the elimination o nuclear weapons

5

Te Council o Delegates,

deeply concerned about the destructive power onuclear weapons, the unspeakable human suferingthey cause, the diculty o controlling their efectsin space and time, the threat they pose to theenvironment and to uture generations and the riskso escalation they create,

concernedalso by the continued retention o tens othousands o nuclear warheads, the prolieration osuch weapons and the constant risk that they couldagain be used,

disturbed by the serious implications o any useo nuclear weapons or humanitarian assistanceactivities and ood production over wide areas othe world,

believingthat the existence o nuclear weapons raisesproound questions about the extent o sufering thathumans are willing to inict, or to permit, in warare,

welcoming the renewed diplomatic eforts on nucleardisarmament, in particular the commitments madeby States at the 2009 United Nations Security CouncilSummit on Nuclear Non-Prolieration and NuclearDisarmament, the 2010 Review Conerence o thereaty on the Non-Prolieration o Nuclear Weaponsand the reaty Between the United States o Americaand the Russian Federation on Measures or the FurtherReduction and Limitation o Strategic Ofensive Arms,

welcoming also the commitments made by Statesat the highest levels in the above ora to create theconditions or a world ree o nuclear weaponsthrough concrete actions in the elds o nuclearnon-prolieration and nuclear disarmament,

recalling the 1996 advisory opinion o theInternational Court o Justice, which conrmed thatthe principles and rules o international humanitarianlaw apply to nuclear weapons and concluded that thethreat or use o such weapons would generally becontrary to the principles and rules o international

humanitarian law,

drawing upon the testimony o atomic bombsurvivors, the experience o the Japanese Red CrossSociety and the International Committee o the Red

Cross (ICRC) in assisting the victims o the atomicbomb blasts in Hiroshima and Nagasaki and theknowledge gained through the ongoing treatment osurvivors by the Japanese Red Cross Atomic BombSurvivors Hospitals,

bearing in mindthe resolutions on weapons o massdestruction in general and the abolition o nuclearweapons in particular, adopted by the InternationalConerences o the Red Cross and Red Crescent in1948, 1952, 1957, 1965, 1969, 1977 and 1981 and bythe Council o Delegates in 2009, and the statementson nuclear weapons made by the President o theICRC to the Geneva diplomatic corps in April 2010and by the President o the International Federationo Red Cross and Red Crescent Societies to Nobellaureates in Hiroshima in November 2010,

convincedthat the International Red Cross and RedCrescent Movement (Movement) has an historicand important role to play in eforts to create theconditions or a world without nuclear weapons,

1. emphasizes the incalculable human sufering thatcan be expected to result rom any use o nuclearweapons, the lack o any adequate humanitarianresponse capacity and the absolute imperative toprevent such use;

2. inds it diicult to envisage how any use onuclear weapons could be compatible withthe rules o international humanitarian law, inparticular the rules o distinction, precautionand proportionality;

3. appeals to all States:

to ensure that nuclear weapons are never againused, regardless o their views on the legalityo such weapons;

to pursue in good aith and conclude withurgency and determination negotiations toprohibit the use o and completely eliminatenuclear weapons through a legally binding

international agreement, based on existingcommitments and international obligations;

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4. calls on all components o the Movement,utilizing the ramework o humanitariandiplomacy:

to engage, to the extent possible, in activities

to raise awareness among the public, scientists,health proessionals and decision-makers othe catastrophic humanitarian consequences oany use o nuclear weapons, the internationalhumanitarian law issues that arise rom suchuse and the need or concrete actions leadingto the prohibition o use and elimination osuch weapons;

to engage, to the extent possible, in continuousdialogue with governments and other relevantactors on the humanitarian and internationalhumanitarian law issues associated withnuclear weapons and to disseminate theMovement position outlined in this resolution.

Resolution co-sponsors:

ICRC

Australian Red CrossAustrian Red Cross

Red Crescent Society o AzerbaijanBelgian Red CrossBulgarian Red CrossTe Canadian Red Cross SocietyCook Islands Red Cross SocietyCzech Red CrossDanish Red CrossFiji Red Cross SocietyRed Crescent Society o the Islamic Republic o IranJapanese Red Cross SocietyJordan National Red Crescent SocietyKiribati Red Cross SocietyLebanese Red CrossMalaysian Red Crescent SocietyRed Cross Society o MicronesiaMozambique Red Cross SocietyTe Netherlands Red CrossNew Zealand Red CrossNorwegian Red CrossPalau Red Cross SocietyPapua New Guinea Red Cross SocietyTe Philippine National Red CrossSamoa Red Cross Society

Swedish Red CrossSwiss Red Crossonga Red Cross SocietyTe rinidad and obago Red Cross SocietyVanuatu Red Cross Society


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Resolution 2: Movement components relations with external humanitarian actors

7


recallingthe 2009 Council o Delegates workshop onRelations with Actors Outside o the Movement,

1. welcomes the background report submitted tothe 2011 Council o Delegates on Movementcomponents relations with externalhumanitarian actors;

2. adopts the ollowing recommendations o thereport:

a) all Movement components should promoteto external humanitarian actors how theywork in accordance with the FundamentalPrinciples;

b) the International Federation o Red Cross andRed Crescent Societies and the International

Committee o the Red Cross, in consultationwith National Red Cross and Red CrescentSocieties, should continue to analyse theneed or and, where relevant, urther developguidance, with particular attention to:

i. coordination with UN agencies andcoordinating bodies, including orresource mobilization;

ii. relationships with various countrycoordination mechanisms and bodies(including country teams and clusters),

including in changing contexts, e.g. whenconict erupts where a natural disasteremergency operation is underway (or

vice versa);iii. the evolving role played by civil protection

and military and civil deence assets indisaster and crisis situations;

iv. the use o the emblem by all componentso the Movement in operations led byother organizations;

v. ways to engage with the private sector asan operational partner;

vi. strengthening the capaciti es o al lMovement components to develop andmanage relationships with externalhumanitarian actors, in line with theFundamental Principles, MovementStatutes, policies and guidelines;

vii. maintaining an overview o existingpolicies, strategies and guidance relating

to relations with external humanitarianactors and making these available in auser-riendly manner;

c) all Movement components should continueto strengthen Movement coordinationmechanisms at country and regional level, touse this as a means to improve relations withexternal humanitarian actors and capture andshare experiences o this in order to serve themost vulnerable better.

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1. Background

Te Strategy or the International Red Cross and RedCrescent Movement (Movement) was rst adopted atthe Council o Delegates in 2001. It was updated bythe 2005 Council o Delegates, as some actions wereconsidered completed and to review the relevanceo the remaining actions. Te number o actions wasreduced rom 17 to 10 while the strategic objectivesremained unchanged:

strengthening the components o the Movement; improving the Movements eectiveness and

eciency through increased cooperation andcoherence;

improving the Movements image and thecomponents visibility and relations withgovernments and external partners.

Te 2009 Council o Delegates in Nairobi ound itreasonable to assume that the Strategy and mosto its actions would be completed by 2011, aer 10years o work. It thereore requested the StandingCommission, with the International Federation oRed Cross and Red Crescent Societies (InternationalFederation) and the International Committee othe Red Cross (ICRC), to present to this Councilan evaluation o the achievement o the strategicobjectives and the expected results in the ten actionso the Strategy.

he main indings and recommendations o theevaluation are presented in the report on the Strategyor the Movement. he ull evaluation report isavailable to Council members upon request.

Te Nairobi resolution urther invited the StandingCommission to continue its work on reducing thecomplexities o the Movement ora, and to presentits proposals or change, as relevant, to this Council.

Encouraging improvements in consulting National

Red Cross and Red Crescent Societies (NationalSocieties) in the preparation o various Movementora have been recorded, as called or by NationalSociety leaders in comprehensive reviews on the issueat hand. However, key issues concerning questions

o requency and duration along with options oraligning or even merging some o the ora requiremore discussion on options to move orward.

2. Decision

As the trustee o the International Conerence o theRed Cross and Red Crescent, and as the permanentMovement body where all components arerepresented and which provides strategic guidancein matters which concern the Movement as a whole,the 2011 Council o Delegates calls on the incomingStanding Commission:

2.1. to nalize the work on Movement ora and tosubmit change proposals, as relevant, or decisionby the 2013 Council o Delegates, and to this endcreate an ad hoc working group representing

National Societies with a wide range o expertise,including a youth representative;

2.2. to base this work on the outcomes o thecomprehensive reviews already undertakenby the outgoing Standing Commission on theMovement with the aim o reaching agreementon concrete changes in the interest o greatereciency and efectiveness and reduced costsand environmental impact o meetings involvingall Movement components;

2.3. to update, in close cooperation with allcomponents o the Movement, the open-ended actions o the present Strategy, in orderto implement them and consequently reportto the 2013 Council. Tis efort should ocuson coordinated and ecient Movement-levelcooperation, to strengthen the Movementsimage and perormance in agreed key areas,in order to deliver on our mission or the most

vulnerable. It should also take into accounttrends in the internal and external working

environments;

2.4. to review the indings o the InternationalFederation and the ICRCs monitoring othe implementation o resolutions, including

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Resolution 3: Migration: Ensuring access, dignity, respect or diversity and social inclusion

9

inormation rom their regional structures, witha view to improving ollow-up and reporting andplanning or uture Movement-level meetings.

3. Follow-up

Te Standing Commission shall regularly reporton progress through its newsletter

Te Commissions www.standcom.ch website

shall be used as one channel o regular eedbackto/rom National Societies on the work inprogress



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rearmingthe objective o Action 3 o the Strategyor the International Red Cross and Red CrescentMovement (Movement), which called upon allNational Red Cross and Red Crescent Societies(National Societies) to examine their statutes andrelated legal texts and where necessary, to adoptnew constitutional texts, in accordance withthe Guidance or National Societies Statutes(Guidance document) and relevant resolutions othe International Conerence o the Red Cross andRed Crescent (International Conerence),

recallingResolution 3 o the 2009 Council o Delegatesurging National Societies to continue to work closelywith the International Committee o the Red Cross(ICRC) and the International Federation o RedCross and Red Crescent Societies (InternationalFederation), and to consult with the Joint ICRC/International Federation Commission or National

Society Statutes (Joint Statutes Commission) in orderto ensure that all National Societies have examinedand updated their statutes and related texts by theend o 2010,

welcomingthe report o Joint Statutes Commission,which summarizes the progress achieved, theexperience gained and the work still to be undertaken,

taking note with appreciation that close to 90 per cento all National Societies have initiated a process oreview o their statutes and related legal texts sincethe adoption o the 2001 Strategy or the Movement,while acknowledginghowever that signicant workis still required by many National Societies in orderto bring their constitutional and statutory baseinstruments in line with the minimum requirementso the Guidance document,

expressing its deep appreciation to those NationalSocieties which have successully completed arevision o their Statutes and related legal texts inaccordance with the Guidance document,

notingthat many National Societies continue to acechallenges in their eforts to work in accordancewith the Fundamental Principles in their respectiveoperational contexts, and reiterating the crucial

importance o high-quality statutes, and theimperative o a strong legislative base or NationalSocieties in domestic law in order to ensure theirability and capacity to deliver services to people inneed efectively,

recognizingthat the regular and periodical review oa National Societys legal base instruments (e.g. every10 years) is important in assisting National Societiesto adapt to new challenges and circumstances,

recognizing the many challenges which NationalSocieties may ace in order to comply ully withthe minimum requirements and recommendationsdeined in the Guidance document due to theirrespective contexts o operation,

rearmingin this regard the primary responsibility oNational Societies at the level o their leadership andmanagement to ensure that adequate constitutionaland statutory instruments are in place and duly

implemented,

1. congratulates National Societies or theircontinuing and considerable eforts invested inthe last decade in the revision o their statutesand related legal texts and in the strengtheningo their legal base in domestic law;

2. expresses its appreciation to National Societieswho have established a constructive dialoguewith the ICRC and the International Federation,as well as with the Joint Statutes Commission,which has allowed the Movement to progresstoward ullling the objective o strengtheningNational Societies legal base;

3. recommends that National Societies whichhave not yet initiated or successully completeda statutes revision process undertake thenecessary steps in order to update theirstatutory or constitutional base instruments inaccordance with the Guidance document andrelevant Council o Delegates and International

Conerence resolutions;

4. invites National Societies undertaking a revisiono their statutes and related legal texts to payspecial attention to the ollowing questions

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Resolution 4: Revision o National Society statutes and legal base

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identiied by the Joint Statutes Commissionas the issues most oen at variance with theGuidance document, including the denition o

the National Societys relationship with its

public authorities, in particular its status androle as an auxiliary in the humanitarian eld,in line with the Fundamental Principle oindependence;

the National Societys governing bodies(composition, duties, procedures and rotation);

the roles and responsibilities o governanceand management;

the National Societys membership;

the branch structure (e.g. how branchesare created, what bodies govern them andthe relationship between branches andheadquarters);

5. encourages National Societies to initiate orpursue a dialogue, as required, with theirnational authorities in order to strengthen theirlegal base in domestic law, through high-qualityRed Cross/Red Crescent laws, so as to ormalize

their auxiliary role in the humanitarian eldand to recognize the commitment o nationalauthorities to respect the ability o NationalSocieties to work and operate in accordance withthe Fundamental Principles;

6. callsupon National Societies, in particular at thelevel o their respective leadership, to continueworking closely with ICRC and InternationalFederation delegations in the revision o theirstatutes and related legal texts and in thestrengthening o their legal base in domestic

law, to take the recommendations o the JointStatutes Commission into account, as well asto keep the Joint Statutes Commission dulyinormed o any progress or new developments;

7. callsupon the ICRC, the International Federationand the Joint Statutes Commission to pursueactively their support to National Societies andto seek ways o increasing their capacity and theefectiveness o their working methods. In theirwork to support National Societies, they shouldpay particular attention to National Society lawsand regulations, to develop new advisory notesor National Societies as needed, and to ensurethat the new institution-building mechanismsand tools established within the Movement dulyinclude and reect the objective o strengtheningthe legal and statutory base instruments oNational Societies;

8. invites the ICRC and the International Federationto initiate a consultation with National Societieson the most eective ways to continue theprocess o strengthening National Society legalbase instruments in the uture, and thus toexplore and implement new and innovative waysand models to support National Societies, and todraw urther on existing resources, partnerships

and legal expertise within the Movement,including the use o new learning platormsand relevant National Society capacities andnetworks;

9. invites the ICRC and the InternationalFederation to draw on the work o the JointStatutes Commission in order to report onthe achievement o the ongoing objective ostrengthening the legal and statutory baseinstruments o National Societies to the 2013and subsequent Councils o Delegates.



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recalling the MoU signed by PRCS and MDA on28 November 2005, in particular the ollowingprovisions:

1. MDA and PRCS will operate in conormity withthe legal ramework applicable to the Palestinianterritory occupied by Israel in 1967, includingthe Fourth Geneva Convention o 1949 on theprotection o Civilians in ime o War.

2. MDA and PRCS recognize that PRCS is theauthorized national society in the Palestinianterritory and that this territory is within thegeographical scope o the operational activities

and the competences o PRCS. MDA and PRCSwill respect each others jurisdiction and operatein accordance with the Statutes and Rules o theMovement.

3. Aer the Tird Additional Protocol is adoptedand by the time MDA is admitted by the GeneralAssembly o the International Federation o RedCross and Red Crescent Societies:

a. MDA will ensure that it has no chaptersoutside the internationally recognized borderso the State o Israel;

b. Operational activities o one society withinthe jurisdiction o the other society will beconducted in accordance with the consentprovision o resolution 11 o the 1921international conerence,

taking note, with appreciation or his work, o thereport presented to the Council by Minister (Hon.)Pr Stenbck, the independent monitor appointed by

the International Committee o the Red Cross (ICRC)and the International Federation o Red Cross andRed Crescent Societies (International Federation)with the agreement o MDA and the PRCS uponrequest o the International Conerence to monitor

progress achieved in the implementation o the MoUand the AOA o 28 November 2005 between thePRCS and the MDA,

recalling Resolution 5 adopted by the Council oDelegates on 25 November 2009 concerning theimplementation o the MoU and AOA between PRCSand MDA,

recalling Resolution 5 adopted by the 30thInternational Conerence o the Red Cross and RedCrescent concerning the implementation o the MoUand AOA between PRCS and MDA,

rearmingthe importance o operating in accordancewith international humanitarian law and with the

Statutes, rules, and Fundamental Principles o theInternational Red Cross and Red Crescent Movement,

noting that National Societies have an obligationto operate in compliance with the Constitution othe International Federation o Red Cross and RedCrescent Societies and the existing policy on theprotection o integrity o National Societies andbodies o the International Federation adopted inNovember 2009,

rearming the necessity or efective and positivecoordination between all components o theMovement o Red Cross and Red Crescent or theull implementation o the MoU between the PRCSand MDA,

1. notes the reported progress that has been madewith respect to implementation and commendsthe eforts o both National Societies;

2. notes with regretthat ull implementation o theMoU has not yet been realized as observed by

the monitor;

3. strongly urges MDA to ulil its obligationswithout urther delay and complete the efortsunder way to bring its operations into compliance

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Resolution 5: Implementation o the Memorandum o Understanding and Agreement on Operational Arrangements,dated 28 November 2005, between the Palestine Red Crescent Society and the Magen David Adom in Israel

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with the geographic scope provisions o theMoU;

4. requests the ICRC and the InternationalFederation to reairm the mandate o the

monitoring process and to continue to supportand strengthen the monitoring process o theimplementation o the MoU;

5. decides that the monitoring process will continueuntil such time as the MoU is implemented inull and requests that regular reports on themonitoring mechanism are issued as deemednecessary;

6. requests National Societies to respond avourablyto any request or assistance and support in themonitoring process;

7. requests the ICRC and the International

Federation to arrange or the provision o areport on implementation o the MoU to thenext Council o Delegates and through it to theInternational Conerence.



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recognizing the universal value o the historicaland cultural heritage o all the components o theInternational Red Cross and Red Crescent Movement(Movement), that is, the International Committee othe Red Cross (ICRC), the International Federation oRed Cross and Red Crescent Societies (InternationalFederation) and National Red Cross and Red CrescentSocieties (National Societies),

emphasizing the paramount importance osaeguarding this humanitarian heritage, odisseminating it and promoting it by all appropriatemeans, with the aim o ostering a better awarenessand understanding o the roles and the identityo the Movement among current and uturegenerations in order to inspire them to undertakehumanitarian work in aid o vulnerable individualsand communities,

recallingthat awareness o the history and operationalexperience o the components o the Movement iscrucial to current and uture deliberations about itshumanitarian work and modes o action,

emphasizingthe joint responsibility o all componentso the Movement or ensuring that the Movementshistorical and cultural heritage is preserved,saeguarded and promoted,

recalling the sustained eforts undertaken thus arby the components o the Movement to make thisheritage accessible to as many people as possible,

recalling the role played by the International RedCross and Red Crescent Museum in enhancingthe prominence and inuence o the historical andcultural heritage o the Movement,

welcoming the cooperation with National Societiesinitiated by the Museum, intended to assist in thepreservation and promotion o their own heritage

in museums and other heritage acilities in their owncountries and regions,

mindulo national and international legal and ethicalrules and principles governing the preservation,archiving and dissemination o historical data,in particular with regard to the protection andaccessibility o personal data,

recognizingthe breadth o experience and expertiseo the components o the Movement, in terms oconserving, preserving and managing the Movementshistorical and cultural heritage, and also in terms odisseminating and promoting that heritage,

welcomingthe entry o the International Prisoners-o-War Agencys archives (1914-1923) into UNESCOsMemory o the World Register in 2007,

1. asks all components o the Movement to raisethe priority accorded to the preservation andutilization o their historical and cultural heritage,to make it better known and appreciated by

means o museums, exhibitions, archives, otherheritage acilities, and through promotionalactivities, and to make efective use o this wealtho knowledge and experience in their currenthumanitarian activities;

2. encourages all components o the Movementto share their experience in preserving andpromoting their historical and culturalheritage and to call upon the good oces othe International Red Cross and Red CrescentMuseum in Geneva and the expertise o theInternational Federation and the ICRC asneeded;

3. requests the International Red Cross and RedCrescent Museum, the International Federationand the ICRC, in consultation with NationalSocieties, to present recommendations to theCouncil o Delegates in 2015 on preservingand promoting the Movements historical andcultural heritage, based on the experiencesand the concrete action taken by the diferent

components o the Movement in this domain.

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Resolution 7: National Societies preparing or and responding to armed conict and other situations o violence

15

I. Background

Situations o violence can develop at any time andanywhere, as recent events demonstrate. heyoen give rise to issues o humanitarian concernthat require an immediate response by NationalRed Cross or Red Crescent Societies (NationalSocieties). In addition, armed conicts, chronic andsometimes protracted over several years or decades,require similar orms o humanitarian response.Demonstrations which lead to violence pose anotherkind o challenge to the humanitarian sector toadapt its working procedures, designed primarily orrural settings, to urban environments as well.

o enhance access to people and communitiesaected by armed conlict and other situationso violence,2 and to respond eectively to theirneeds, it is essential that all the components o theInternational Red Cross and Red Crescent Movement

(Movement) work together in preparedness, responseand recovery, to maximize their respective capacitiesand competencies.

Converging and Complementary Movement

Mandates and Capacities

National Societies have a mandate, as describedin the Statutes o the International Red Cross andRed Crescent Movement (Statutes) to organize,in liaison with the public authorities, emergencyrelie operations and other services to assist the

victims o armed conicts as provided in the GenevaConventions, and the victims o natural disastersand other emergencies or whom help is needed.3A number o resolutions adopted at Councils oDelegates and International Conerences o the RedCross and Red Crescent reinorce the mandate oNational Societies to act as auxiliaries to the publicauthorities in the humanitarian eld4 and to providehumanitarian assistance and protection to those inneed, including those aected by armed conlictand other situations o violence within their owncountries.5

Te International Committee o the Red Cross (ICRC)has a statutory mandate to endeavour at all times as a neutral institution whose humanitarian workis carried out particularly in time o internationaland other armed conicts or internal strie6 toensure the protection o and assistance to militaryand civilian victims o such events and o their

direct results.7

In such situations, the ICRC worksin close partnership with the National Society othe afected country as well as with participatingNational Societies and the International Federation oRed Cross and Red Crescent Societies (InternationalFederation) to prepare and carry out emergencyhumanitarian operations.

Te International Federations statutory mandateincludes the ollowing: to inspire, encourage,acilitate and promote at all times all orms ohumanitarian activities by the National Societies, with

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1 Other situations o violence as a component o the National Societies overall mandate, as set out in the Statutes o theMovement.

2 An ICRC description o Other situations o violence can be ound in the Background Report supporting this resolution.

3 Article 3, clause 2 o the Statutes o the International Red Cross and Red Crescent Movement.

4 Two such recent resolutions are: Resolution 2 o the 30th International Conerence and Resolution 3 o the 2007 Council oDelegates on the Specic nature o the International Red Cross and Red Crescent Movement in action and partnershipsand the role o National Societies as auxiliaries to the public authorities in the humanitarian eld.

5 For example, the General Principles contained in Resolution XIV o the 10th International Conerence in 1921, on CivilWar, state: The Red Cross () arms its right and duty o afording relie in case o civil war and social and revolutionarydisturbances () In every country in which civil war breaks out, it is the National Red Cross Society which, in the rst place

is responsible or dealing, in the most complete manner, with the relie needs o the victims 6 As dened in Part II, Article 5, clause 2 (b) o the Seville Agreement, internal strie does not necessarily imply armed action but

serious acts o violence over a prolonged period or a latent situation o violence, whether o political, religious, racial, social,economic or other origin, accompanied by one or more eatures such as: mass arrests, orced disappearances, detention orsecurity reasons, suspension o judicial guarantees, declaration o state o emergency, declaration o martial law.

7 Article 5, clause 2 (d) o the Statutes o the International Red Cross and Red Crescent Movement.



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a view to preventing and alleviating human suferingand thereby contributing to the maintenance andthe promotion o peace in the world; to act as thepermanent body o liaison, coordination, and studybetween the National Societies and to give them any

assistance they might request; and to bring helpto victims o armed conicts in accordance withthe agreements concluded with the InternationalCommittee.8

Te mandates and capacities, as well as the uniquepositioning o each o the Movements components,must be taken ully into consideration whenpreparing or and responding to armed conict andother situations o violence, in order to maximizethe impact o the protection and assistance providedto the populations most in need. Activities shouldbe allocated bearing these actors in mind as wellas considering the level o acceptance provided tothe various Movement components and whetherthe ICRC, the National Society or the two togetherwould be better placed to respond. ImprovedMovement coordination and urther discussionamong the components o the Movement on thespeciic questions raised by other situations o

violence which results in an increased convergenceo preparedness, response and recovery actions isrequired, in accordance with Movement agreements

and mechanisms, and on the basis o context-speciccircumstances and needs, to enhance access andresponse to the humanitarian needs o people andcommunities afected by armed conict and othersituations o violence.

The ICRCs Response to a Request by National

Societies

o adapt to the ever-changing environment, manyNational Societies have taken important measuresin recent years to strengthen their response duringarmed conict and other situations o violence.

Based upon the best practices o National Societies, theICRC developed the Saer Access Framework.9 TisFramework outlines the numerous interconnectedactions that a National Society needs to carry out

in order to increase its acceptance by individuals,communities, weapon-bearers and authorities andthereby gain saer access to people and communitiesduring armed conlict and other situations o

violence.

During a plenary session at the 2009 Council oDelegates,10 National Societies requested the ICRC todevelop operational guidance or National Societiesworking in armed conict and other situations o

violence. It was determined through a comprehensiveconsultation process with National Societies thatthe Saer Access Framework and the lessons learnedrom current National Society experience would beused as the oundation to develop a practical guideto strengthen the capacity o all National Societies toprepare or and respond to armed conict and othersituations o violence.

Te guide will also enhance the practical applicationo the Seville Agreement and its SupplementaryMeasures, in particular by providing support or hostNational Societies to ull their mandates and playtheir roles in a Movement-coordinated response toarmed conict or to other situations o violence.

II. Challenges

oday, armed conict and other situations o violencepose new, evolving challenges or the Movementsresponse. Some o the most signicant are set outbelow.

Recurrent attacks against Movement personnel,including National Society staf and volunteers, theiracilities and equipment, and the harm caused tobeneciaries are causing alarm.

Some National Societies are prevented, by all thosewho can inluence access to beneiciaries, romproviding humanitarian services to those in needon all sides o an armed conict or other situationo violence, or they are challenged or even harassedwhen they attempt to do so. In this respect, thereis, in some countries, a need to strengthen the

8 Article 6, clauses 3 and 4 (i) o the Statutes o the International Red Cross and Red Crescent Movement.

9 The Saer Access Framework is based on the concept o applying the Fundamental Principles and other Movement policiesduring response operations, which helps to position a National Society to secure greater acceptance and sae access to

beneciaries. Its elements include context/risk analysis, National Society legal and policy base to respond in armed conictand other situations o violence, securing the organizations acceptance, acceptance o the National Societies staf, volunteersand members, identication o the National Societies people, acilities and vehicles, internal and external communicationsand security management (guidelines and protective measures).

10 2009 Council o Delegates, Workshop 5 (Improving our Combined Output by Fostering Collective Responsibility andPartnerships) and the plenary linked to the discussion o the Seville Agreement and its Supplementary Measures.


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National Societys statutory and legal instrumentsto better reect its role in armed conicts and othersituations o violence. Tis should take into accountthe Fundamental Principle o independence, whichbalances the autonomy o National Societies with

their status and role as auxiliaries to the publicauthorities in the humanitarian eld.

Tere are many recent examples o well-coordinatedMovement responses during armed conict and othersituations o violence. However, our response to thehumanitarian needs o the people and communitiesaected could be improved. It is important todeepen our shared Movement knowledge andunderstanding o emerging trends in such situationsand their consequences or humanitarian action, inorder to improve the quality o our response anddevelop a uniorm Movement approach. Overall,the Movements components need to improve theirlevel o readiness to respond to the needs o afectedpeople rapidly and efectively in a coordinated andcomplementary manner, taking into account thechanging environments in which they work. TeICRC and National Societies should pay particularattention to developing contingency plans that arecoordinated and complement one another, to guidetheir responses during armed conlict and othersituations o violence.

Adherence to the Fundamental Principles, andostering respect in others or our adherence tothe principles, are permanent challenges or allMovement components and are vitally important inincreasing the degree o acceptance that is requiredto secure saer access to the people and communitiesafected by armed conict and other situations o

violence. Te Statutes o the Movement and relevantCouncils o Delegates resolutions11 emphasize thispoint.

III. Decisions

Recognizing the mandate o National Societies asper the Statutes o the Movement to operate andrespond to armed conlict, natural disasters andother emergencies including internal strie and other

situations o violence and in order to strengthen theMovements response to armed conict and othersituations o violence, the 2011 Council o Delegates:

1. encourages National Societies to intensiy their

commitment and eforts to adopt appropriatesecurity/risk management systems, and to takeother concrete measures to increase their saeraccess in armed conict and other situationso violence. Tis includes the need to enhancethe operational application o the FundamentalPrinciples and other relevant Movement policiesas well as to obtain insurance coverage12 or stafand volunteers working in crises, to adequatelycompensate them or possible injury, includingpsychological trauma/stress, or death in the lineo duty;

2. urges National Societies, where necessary,to engage in a dialogue with all concernedgovernments on the need or access to allpopulations afected by armed conict and othersituations o violence and to exert inuence,where possible, on all those who can inuenceaccess to beneciaries to respect the NationalSocieties role to provide neutral, impartial andindependent humanitarian services, (as denedby the Fundamental Principles), with the support

and involvement o the ICRC as appropriate;

3. urges National Societies, the ICRC and theInternational Federation to continue to exploreand analyse emerging trends and challengesto humanitarian action during armed conictand other situations o violence, with a viewto making such shared analyses the basis ocoordinated contingency planning or theprovision o rapid, eective and coherentresponse to the humanitarian needs o people andcommunities afected, while also strengtheningtheir resilience;

4. encourages National Societies to urther denetheir mandates, roles and responsibilities inarmed conict and other situations o violencewithin their statutory and legal base instruments,as appropriate, and to promote their role broadly,

11 For instance: 2009 Council o Delegates, Resolution 8, Respecting and protecting health care in armed conict and othersituations o violence; 30th International Conerence, 2007, Resolution 1, Annex Declaration: Together or humanity; 2005Council o Delegates, Resolution 7, Relations between the components o the Movement and military bodies; 2003 Council

o Delegates, Resolution 9, Promote respect or diversity and ght discrimination and intolerance clause 4 ( ) o the annexto the Resolution.

12 Ideally, insurance coverage should be provided to all volunteers, particularly those involved in emergency responseoperations, by the National Society through a national insurance company that provides insurance appropriate to thecontext and adapted to local realities. To deal with situations where this is not available, the Secretariat o the InternationalFederation has put in place global accident insurance available through the headquarters o all National Societies.



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both within their National Society, and withexternal actors and communities;

5. invites the ICRC and the International Federationto work closely with National Societies to dene

how the mandates, roles and responsibilities oNational Societies in armed conict and othersituations o violence may best be relectedin National Societies statutory and legal baseinstruments and to advise National Societiesengaged in revising their statutes accordingly;

6. recommends that National Societies, as part otheir permanent dialogue with their respectivegovernments, work towards strengtheningdomestic legislation, policies, agreementsand plans in order to establish the rameworkrequired to enable them to provide efectiveassistance and protection to populationsafected by armed conict and other situationso violence;

7. invites the components o the Movement tocontinue to develop a practical guide, to urtherclariy the term other situations o violenceand to strengthen the capacity o all NationalSocieties to prepare or and respond to armedconict and other situations o violence based

on the Fundamental Principles, the Statuteso the Movement, relevant Movement policiesand current National Society experience, asa valuable contribution towards building aMovement approach in this area;

8. encourages the International Federation to workclosely with the ICRC and National Societiesto develop efective mechanisms that ensurethe aorementioned guide and the ICRCsprogrammes and capacity strengtheningexpertise that support National Societies toprepare or and respond to armed conlictand other situations o violence, are taken intoaccount in the approach toward the developmento strong National Societies, with a particularemphasis on incorporating relevant elementsinto emergency preparedness, response, recoveryand organizational development initiatives.

IV. The Background Report and Annex

he Background Report and Annex are orinormation purposes only and are not a part odecisions.

V. Follow-up

All the components o the Movement are requestedto consider including the decisions listed above intheir strategies, plans and objectives, where relevant.

Progress in implementing the decisions listed abovewill be included in the report to the Council oDelegates on the Implementation o the SevilleAgreement and its Supplementary Measures in 2013and 2015.

he ICRC, with the continued involvement oNational Societies and the Secretariat o theInternational Federation, will develop the practicalguide, which will address many o the challengesidentied in this resolution, and more. It will becompleted by the end o 2012 and will be introducedto Movement partners in 2013.

Resolution co-sponsors:

Te Canadian Red Cross SocietyColombian Red CrossJamaica Red CrossNepal Red Cross SocietyRed Cross Society o PanamaParaguayan Red CrossRed Cross Society o Saint LuciaTe rinidad and obago Red Cross Societyunisian Red CrescentTe Uganda Red Cross Society


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having examined the Provisional Agenda andProgramme o the 31st International Conerenceo the Red Cross and Red Crescent, prepared by theStanding Commission o the Red Cross and RedCrescent,

adopts the Agenda and Programme o the 31stInternational Conerence o the Red Cross and RedCrescent.

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having examinedthe list o candidates nominated bythe Standing Commission or election as ocers othe 31st International Conerence o the Red Crossand Red Crescent (International Conerence),

endorses the list o candidates (see annex) and requeststhe Chairman o the Council to transmit it to the 31stInternational Conerence or approval.

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Annex Resolution 9

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Reerence: Article 14 / Statutes o the Movement:When meeting prior to the opening o the InternationalConerence, the Council shall propose to the Conerencethe persons to ll the posts mentioned in Article 11,paragraph 3: the Chairman, the Vice Chairmen,

Secretary General, Assistant Secretaries General andother ocers o the Conerence

Rrence : article 14 des Statuts du Mouvement Lorsquil se runit avant louverture de la Conrenceinternationale, le Conseil propose la Conrence descandidats pour remplir les onctions mentionnes larticle 11, alina 3 : le prsident, les vice-prsidents,le secrtaire gnral, les secrtaires gnraux adjointset les autres responsables de la Conrence.

Reerencia: artculo 14 de los Estatutos delMovimiento: Cuando se rene antes de la aperturade la Conerencia Internacional, el Consejo: a)propone a la Conerencia candidatos para los puestosmencionados en el prrao 3 del artculo 11, a saber:La Conerencia Internacional elige al presidente, a losvicepresidentes, al secretario general, a los secretariosgenerales adjuntos y a las otras personas elegidas dela Conerencia.

: 14 :

3 11.

Chair o the Conerence / Prsidente de la Conrence/ Presidenta de la Conerencia /Ms Niki Rattle (Cook Islands Red Cross Society)

Chair o the Draing Committee / Prsidente du

Comit de rdaction/ Presidenta del Comit deRedaccin /Ambassador Maria Farani Azevdo (Brazil)

Vice-Chair, political issues / Vice-Prsident, questionsde politique / Vicepresidente, asuntos polticos /

Ambassador Peter Gooderham (United Kingdom)

Conerence Vice-Chairs and Chairs o hematicPlenary sessions / Vice-prsident(e)s de la Conrenceet prsident(e)s des sances plnires thmatiques /Vicepresidente(s) de las sesiones plenarias temticas/

Plenary on IHL / Sance plnire sur le DIH / Sesinplenaria sobre derecho internacional humanitario /

Ms Liesbeth Lijnzaad (Te Netherlands)

Plenary on Disaster Laws / Sance plnire sur lalgislation relative aux catastrophes / Sesin plenaria

sobre normas jurdicas aplicables en caso de desastres/

Mr Fernando Jos Cardenas Guerrero (ColombianRed Cross Society)

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Conerence Vice-Chairs and Chairs o hematicCommissions / Vice-Prsident(e)s de la Conrenceet prsident(e) des commissions thmatiques /Vicepresidente(s) de la Conerencia y presidente(s)de las comisiones temticas/

Commission A: Migration / Migration / Migracin/ :Dr Muctarr Jalloh (Sierra Leone Red Cross Society)

Commission B: Partnership or strongerNational Societies & volunteering development/ Partenariat pour des Socits nationales plusortes et dveloppement du volontariat / Establecerasociaciones para el omento del desarrollo de lasSociedades Nacionales y del servicio voluntario /

:

Dr Dragan Radovanovic (Red Cross o Serbia)

Commission C: Health Care in Danger / Soins desant en danger / La asistencia de salud en peligro /

:Dr Mamdouh Gabr (Egyptian Red Crescent Society)

Commission D: Inequitable access to health care/ Ingalits en matire de sant / Inequidades

sanitarias/ :Ms Fatima Gailani (Aghan Red Crescent Society)

Commission E: Humanitarian access and assistance/ Accs et assistance humanitaires / Accesohumanitario y asistencia humanitaria/ :

Vice-Minister Gmez Robledo (Mexico)

Other oicers / Autres responsables / Otrosuncionarios /

Rapporteur o the Conerence / Rapporteur de laConrence / Relator de la Conerencia /

Ambassador Minelik Alemu Getahun (Ethiopia)

Elections / lections / Elecciones /Ms Annemarie Huber-Hotz (Swiss Red Cross)

Pledges / Engagements /Promesas /Mr Christian Ndinga (Congolese Red Cross)

Secretary-General o the Conerence / Secrtairegnral de la Conrence / Secretario general de laConerencia /Ambassador Jean-Franois Paroz (Switzerland)

Assistant Secretaries-General / Secrtaires gnrauxadjoints / Secretarios generales adjuntos /

Mr Frank Mohrhauer (International Federation)Mr Bruce Biber (ICRC)


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Agenda and Programme

Monday, 28 November (morning)

OPENING CEREMONY

Reading o the Fundamental Principles

1. Opening o the Conerence

Welcoming addresses Chairman o the Standing

Commission President o the Swiss Conederation

FIRST PLENARY MEETING

2. Electi on o the chairper son, vice-chairpersons, secretary-general, twoassistant secretaries-general andother oicers o the Conerence, andestablishment o the Conerencessubsidiary bodies (Commissions, DraingCommittee)

3. Organization o work Workshops, side events, pledges Procedure or electing the members

o the Standing Commission

4. Keynote addresses President o the International

Committee o the Red Cross President o the International

Federation o Red Cross and RedCrescent Societies

Monday, 28 November (aternoon)

PLENARY MEETING

5. Temes

5.1 Strengthen ing internati onalhumanitarian law (IHL)

Strengthening legal protection orvictims o armed conicts

COMMENCEMENT OF DRAFTINGCOMMITTEE WORK

23

31 InteRnatIonal ConeRenCeo the ReD CRoss anD ReD CResCent

or wrd. Yr m r miy

28 November 1 December 2011

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Tuesday, 29 November (whole day)

COMMISSIONS

5. Temes (continued)

5.2 Strengthening local humanitarianaction

Commission AMigration: Ensuring access, dignity,respect or diversity and socialinclusion

Commission BFurthering the auxiliary role:Partnership or stronger NationalSocieties and volunteering development

5.3 Addressing barriers to health care

Commission CHealth care in danger: Respecting andprotecting health care in armed conictand other situations o violence

Commission D

Health inequities: Reducing the burdenon women and children

5.4 Strengthe ning internati onalhumanitarian law (IHL) (continued)

Commission EHumanitarian access and assistance

Tuesday, 29 November (evening)

18:30 19:30 Meet the candidates or electionto the Standing Commission(Not part o the ormal agenda othe Conerence)

Wednesday, 30 November (morning)

PLENARY MEETING

6. Election o the members o the StandingCommission Roll call Launch o the election

7. Follow-up issues 30th International Conerence o

the Red Cross and Red Crescent:Implementation o the Declarationogether or humanity theresolutions and pledges

I m p l e m e n t a t i o n o t h eMemorandum o Understandingo 28 November 2005 between thePalestine Red Crescent Society andthe Magen David Adom in Israel

Wednesday, 30 November (aternoon)

PLENARY MEETING

8. Standing Commission election:Proclamation o results or continuationo election

5. Temes (continued)

5.5 Strengthening disaster laws Implementing the International

Disaster Response Laws (IDRL)Guidelines

Strengthening domestic legislationor disaster-risk reduction

Addressing regulatory barriersto providing emergency andtransitional shelter in a rapid andequitable manner ater naturaldisasters


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Agenda and Programme

25

DRAFTING COMMITTEE CONSOLIDATION OF RESOLUTIONS

WORKSHOPS

Monday 28 November andWednesday 30 November(after the plenary session

in the afternoon)

Not part o the ormal agenda o the Conerence

Thursday, 1 December (morning)

9. Report on the work o the Conerence

10. Report o the Drafing Committee

11. Adoption o resolutions

12. Overview o pledges made at the 31stInternational Conerence

13. Closing

Agenda and ProgrammeResolutions o the 31st International Conerence o the Red Cross and Red Crescent


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Te 31st International Conerence o the Red Crossand Red Crescent (International Conerence),

deeply concerned that armed conicts continue tocause enormous sufering, including violations ointernational humanitarian law, such as murder,orced disappearance, the taking o hostages, torture,cruel or inhumane treatment, rape and other orms osexual violence, and that such sufering afects entirepopulations, including among the most vulnerable,in various parts o the world,

stressingthat greater compliance with internationalhumanitarian law is an indispensable prerequisiteor improving the situation o victims o armedconict and rearming the obligation o all Statesand all parties to armed conict to respect and ensurerespect or international humanitarian law in allcircumstances,

recallingthe universal ratication o the 1949 GenevaConventions,

expressing the hope that other internationalhumanitarian law treaties will also achieve universalacceptance, and invitingall States to consider ratiyingor acceding to international humanitarian law treatiesto which they are not yet party,

recalling Resolution 3 on the Rearmation andimplementation o international humanitarian law,adopted by the 30th International Conerence,

reiterating that international humanitarianlaw remains as relevant today as ever beore ininternational and non-international armed conictsand continues to provide protection or all victimso armed conict,

recognizingthe importance o having due regard tohumanitarian considerations and military necessityarising rom armed conict, with the objective oensuring that international humanitarian law remains

essential in providing legal protection to all victimso armed conict and that States and other partiesto armed conicts ully implement their obligationsin this regard,

mindul o the need to strengthen internationalhumanitarian law, in particular through itsrearmation in situations when it is not properlyimplemented and its clarication or developmentwhen it does not suciently meet the needs o the

victims o armed conict,

emphasizing the primary role o States in thedevelopment o international humanitarian law,

recalling that one o the important roles o theInternational Committee o the Red Cross (ICRC),in accordance with the Statutes o the InternationalRed Cross and Red Crescent Movement (Movement),is in particular to work or the understandingand dissemination o knowledge o internationalhumanitarian law applicable in armed conlictsand to prepare any development thereo, andurther recalling the respective roles o the ICRCand National Red Cross and Red Crescent Societies

(National Societies) in the promotion, dissemination,implementation and development o internationalhumanitarian law,

recalling that the unctions o the InternationalConerence, in accordance with the Statutes o theMovement, include to contribute to the respect orand development o international humanitarian lawand other international conventions o particularinterest to the Movement,

taking note o the 2003 ICRC summary reporton regional expert seminars related to improvingcompliance with international humanitarian lawpresented to the 28th International Conerence, aswell as the 2009 report on a conerence o expertsentitled 60 Years o the Geneva Conventions and theDecades Ahead prepared by the Swiss Governmentand the ICRC,

1. thanks the ICRC or the report outlining themain conclusions o its study on strengtheninglegal protection or victims o armed conicts

and or the consultations carried out with Statesin this regard;

2. acknowledges that the report identies serioushumanitarian concerns and challenges that need

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Resolution 1: Strengthening legal protection or victims o armed conicts

27

to be addressed, in particular those related to theprotection o persons deprived o their libertyin relation to armed conict and the need toensure greater compliance with internationalhumanitarian law, and that, on the basis o the

consultations, the report calls or concrete andcoordinated action to address these concerns;

3. recognizes the importance o analysingthe humanitarian concerns and militaryconsiderations related to the deprivation oliberty in relation to armed conict with theaim, inter alia, o ensuring humane treatment,adequate conditions o detention, taking intoaccount age, gender, disabilities and other actorsthat can increase vulnerability, and the requisiteprocedural and legal saeguards or personsdetained, interned or transerred in relation toarmed conict;

4. recognizes, taking into account questions raisedby States during the preparation o and in thedebates at the 31st International Conerence, thaturther research, consultation and discussionare needed to assess the most appropriate wayto ensure that international humanitarian lawremains practical and relevant in providing legalprotection to all persons deprived o their liberty

in relation to armed conict;

5. recognizes, taking into account questions raisedby States during the preparation o and in thedebates at the 31st International Conerence,the importance o exploring ways o enhancingand ensuring the efectiveness o mechanisms ocompliance with international humanitarian law,with a view to strengthening legal protection orall victims o armed conict;

6. invites the ICRC to pursue urther research,consultation and discussion in cooperationwith States and, i appropriate, other relevantactors, including international and regionalorganizations, to identiy and propose a range

o options and its recommendations to: i)ensure that international humanitarian lawremains practical and relevant in providing legalprotection to all persons deprived o their libertyin relation to armed conict; and ii) enhanceand ensure the efectiveness o mechanisms ocompliance with international humanitarian law;and encourages all members o the InternationalConerence, including National Societies, toparticipate in this work while recognizing theprimary role o States in the development ointernational humanitarian law;

7. notes that such work should be carried out takinginto account existing relevant internationallegal regimes and other international processeson similar issues; in this sense expresses itsappreciation to the government o Switzerland orits commitment to explore and identiy concreteways and means to strengthen the application ointernational humanitarian law and reinorcedialogue on international humanitarian lawissues among States and other interested actors,

in cooperation with the ICRC;

8. invites the ICRC to provide inormation on theprogress o its work at regular intervals to allmembers o the International Conerence andto submit a report on this work, with a range ooptions, to the 32nd International Conerenceor its consideration and appropriate action.



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Te 31st International Conerence o the Red Crossand Red Crescent (International Conerence),

1. adopts the Action Plan in Annex 1;

2. urgesall members o the International Conerenceto implement the actions set out in the ActionPlan, in accordance with their respective powers,mandates, capacities and applicable obligationsunder international humanitarian law, with a

view to reaching the objectives dened in theAction Plan;

3. reminds States o the auxiliary role o NationalRed Cross and Red Crescent Societies to thepublic authorities in the humanitarian eld, inparticular where they work in the rameworko national international humanitarian lawcommittees or similar bodies, and encouragesStates to cooperate with them, as appropriate, in

implementing the actions set out in the ActionPlan;

4. takes note o existing initiatives by otherhumanitarian actors and organizations in certainareas covered by this Action Plan and stresses theneed to ensure synergies between such initiativesand this Action Plan in cooperation with States;

5. invites all members o the InternationalConerence to submit pledges, either individuallyor jointly, in relation to the recommendationscontained in the Action Plan;

6. invites international and regional organizationsto implement the actions contained in the ActionPlan which relate to their activities;

7. requests all members o the InternationalConerence to make every possible eort toensure that all actors concerned implement, asappropriate, the Action Plan,

8. invites all members o the InternationalConerence to inorm the InternationalCommittee o the Red Cross on progressmade on implementation o the Action Plan,with a view to the presentation o a reporton implementation to the 32nd International

Conerence in 2015;

9. requests the members o the InternationalConerence to report to the 32nd InternationalConerence in 2015 on the ollow-up to theirpledges.

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Resolution 2: 4-year action plan or the implementation o international humanitarian law

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Objective 1: Enhanced access by civilian

populations to humanitarian assistance in

armed conicts

States rearm the right o civilian populations inneed to benet rom impartial humanitarian reliein accordance with international humanitarian law.States will ensure, to the ullest extent o the meansavailable to them, that the civilian population isadequately provided with supplies in accordance withrelevant provisions o international humanitarian law.

States will also, in accordance with internationalhumanitarian law, allow and acilitate sae, rapid andunimpeded passage o impartial humanitarian relieor civilian populations in need and will respect andprotect humanitarian personnel and objects.

he components o the International Red Crossand Red Crescent Movement (Movement) must beable to deliver humanitarian assistance at all timesin conormity with the Fundamental Principles ohumanity, impartiality, neutrality and independence.States will respect the adherence by all componentso the Movement to these Fundamental Principles.

a) Remove administrative barriers to the rapiddelivery o humanitarian assistance orvictims o armed conicts

States consider, including through enactingdomestic legislation or concluding agreements withcomponents o the Movement: acilitating the rapid issuance o valid documents

allowing the mission o members o componentso the Movement access across the internationalborders o the State and within the Stateconcerned;

expediting procedures or monitoring the entryand distribution o humanitarian goods ocomponents o the Movement;

exempting personnel and goods o componentso the Movement rom taxes, duties and eeswhere necessary.

States endeavour to make available the necessarytelecommunication acilities to components o theMovement, taking into account the need o the

Movement or two-way wireless telecommunicationmeans when normal communication acilities areinterrupted or not available, in accordance withResolution 10 o the 2000 World RadiocommunicationConerence. Tey assign to the components o the

Movement the minimum number o necessaryworking requencies in accordance with the

applicable Radio Regulations and take all practicablesteps to protect such communications rom harmulintererence. States which have not already done soconsider acceding to the ampere Convention onthe Provision o elecommunication Resources orDisaster Mitigation and Relie Operations.

b) Establishing and maintaining an environmentconducive to dialogue

he International Committee o the Red Cross(ICRC) and the host National Red Cross or RedCrescent Society (National Society) concerned willestablish and maintain a constructive dialogue withall parties to armed conicts in order to obtain accessto victims and the necessary security guarantees orits staf. States respect the need or such dialogue andrearm the unique position and contribution o theICRC and National Societies in this regard.

Components o the Movement will continue toensure that in the planning, delivery and monitoringo humanitarian assistance the speciic needs o

victims o conicts as well as local capacities are takeninto account.

States and components o the Movement continuetheir dialogue to ensure a better complementaritybetween and efective international coordination withdiferent humanitarian actors, taking into accounttheir respective roles and mandates.

c) Implementation and enorcement

States ensure that instruction is provided to memberso their armed orces to respect the physical integrityand unimpeded passage o humanitarian personneland objects in accordance with internationalhumanitarian law.

States adopt adequate measures at a domestic level,including national legislation, to comply with theirinternational obligations concerning arbitraryobstruction o humanitarian assistance and to preventand sanction attacks on humanitarian personnel andobjects.

States ensure that perpetrators o attacks againsthumanitarian personnel, including personnel usingthe distinctive emblems in accordance with theGeneva Conventions and their Additional Protocols,

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are held accountable, by encouraging disciplinarymeasures and criminal prosecutions.

Objective 2: To enhance the specic protection

aforded to certain categories o persons, inparticular children, women and persons withdisabilities

Specic protection is due to certain categories opersons in recognition o actors such as age, genderor disabilities, which make such persons more

vulnerable in times o armed conicts. o saeguardadequate protection or all victims o armed conicts,including in situations o occupation, withoutdiscrimination, such actors must be taken intoaccount.

Objective 2.1: To enhance the protection o children

in armed conict

States, National Societies and the ICRC willraise awareness o the protection o children inarmed conict by international law, in particularinternational humanitarian law.

a) Prevention o recruitment o children inarmed orces or armed groups

States take efective measures to register childrenimmediately aer birth and endeavour to establishsupplementary identiication and registrationsystems or all children, including or particularly

vulnerable children like internally displaced childrenand reugee children, to protect them rom unlawulrecruitment.

States consider establishing domestic inspectionregimes independent rom the armed orces, suchas ombudspersons or annual external inspectionscommissioned by civilian governmental authorities,to monitor the compliance o armed orces with theprohibition o child recruitment.

States, in cooperation with National Societies and theICRC, design and set up educational and vocationaltraining programmes where possible, in combinationwith employment opportunities, to ofer boys andgirls viable alternatives to recruitment.

b) Ratication, national implementation and

enorcement o international law relevant tothe prevention and repression o participation

in hostilities by children and the recruitmento children into armed orces or armed groups

States which have not already done so considerratiying or acceding to the 2000 Optional Protocol

to the Convention on the Rights o the Child oninvolvement o children in armed conict.

States which have not already done so alsoconsider adhering to the 2007 Paris Principles andCommitments to protect children rom unlawulrecruitment or use by armed orces or armed groups.

States which have not already done so considerenacting national legislation or other measuresto regulate the minimum age o recruitment intoarmed orces and armed groups and to preventthe involvement o children in armed conlictin accordance with the Optional Protocol to theConvention on the Rights o the Child on involvemento children in armed conict.

States ensure that those who unlawully recruitchildren are held accountable or their acts throughappropriate measures, inter alia, by reerral tocourts especially when it constitutes a war crime, inaccordance with applicable international law.

c) Protection o education in armed conict

States rearm that attacks against civilians, includingchildren and teachers, are prohibited, unless andor such time as they are directly participating inhostilities. States also rearm that attacks againstcivilian buildings dedicated to education areprohibited unless they make an efective contributionto military action by their nature, location, purposeor use and their total or partial destruction, captureor neutralization, in the circumstances ruling at thetime, ofers a denite military advantage. In caseo doubt whether civilians or civilian objects loseprotection rom attack, States treat them as civiliansand civilian objects.

States take all easible precautions to protect childrenand teachers, as well as civilian buildings dedicated toeducation, rom the efects o attacks in accordancewith international humanitarian law.

States take all easible measures to prevent civilianbuildings dedicated to education rom being used

or purposes that could cause them to lose theirprotection under international humanitarian law.


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Resolution 2: 4-year action plan or the implementation o international humanitarian law

31

d) Rehabilitation o children afected by armedconicts

States ensure that specic provisions or the releaseo children associated with armed orces and

armed groups, or disarmament, demobilizationand reintegration o such children, or the care ointernally displaced children, and or medical care,psychosocial support and economic inclusion o allchildren afected by armed conicts, are included inpeace agreements. Te diferent needs o boys andgirls are given particular attention in such agreements.

Donor States endeavour to ensure long-term undingor the reintegration o children ormerly associatedwith armed orces or armed groups.

e) Juvenile justice

States consider children who have been unlawullyrecruited by armed orces or armed groups and areaccused o committing domestic or internationalcrimes associated with a conict primarily as victims,not only as alleged perpetrators.

States consider granting children ormerly associatedwith armed orces or armed groups amnesty romprosecutions brought solely on account o their

membership in armed orces or armed groups.

Whenever appropriate and desirable, States resort tomeasures other than judicial proceedings or dealingwith alleged child ofenders ormerly associated witharmed orces or armed groups.

States oster gender-sensitive rehabilitation andreintegration o children ormerly associated witharmed orces or armed groups when sentencing themand consider alternatives to imprisonment, such ascare, guidance and supervision orders, probation,oster care or education and vocational trainingprogrammes.

Objective 2.2: To enhance the protection o women

in armed conict

a) Ratiication, implementation andenorcement o relevant international law

States take appropriate legislative, judicial andadministrative measures to implement their

obligations regarding the protection o women andgirls under international humanitarian law.

States take all easible measures to reduce the impacto armed conict on women and girls, and to ensure

that their specic protection and assistance needsare met.

States commit themselves to putting an end toimpunity and to prosecute in accordance with

their obligations under international law seriousviolations o international humanitarian law involvingsexual and other orms o violence against womenand girls, and or this purpose, enhance their capacityto prevent, monitor and document acts o sexual

violence and other serious violations o internationalhumanitarian law, and to this end, to cooperate, inconormity with their international obligations, bothat inter-State level and with international criminaltribunals and courts.

b) Prevention o sexual and other gender-basedviolence against women

States ensure that all easible measures are employedto prevent all serious violations o internationalhumanitarian law involving sexual and other ormso gender-based violence against women. Suchmeasures include: pre-deployment and in-theatre gender training

o armed orces on their responsibilities, as wellas the rights and particular needs and protectiono women and girls;

military disciplinary measures and othermeasures, such as reporting requirements onincidents o sexual violence to avoid impunity;

ensuring that emale detainees and internees aresupervised by women and separated rom maledetainees and internees, except where amiliesare accommodated as amily units;

ensuring, whenever possible, that emalepersonnel are present during the interrogationo emale detainees; and

ensuring, whenever possible, womensparticipation in decision-making in peaceprocesses.

c) Displaced women

Recognizing the great number o women amongdisplaced pers

resolutions: council of delegates 2011 and 31st international conference of the red cross and red...

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