Transcript The Humanitarian Charter

1.2
The Humanitarian
Charter and the
Rights - Based
Approach
Objectives of this Session
• Introduce the core principles found in the
Humanitarian Charter (HC) and the
international legal instruments on which
they are based
• To explain the meaning and hierarchical
relationship of the:
•Sphere Standards
•Indicators and
•Guidance Notes
The Humanitarian Charter is
based on 3 essential
principles:
1. The Right to Life with Dignity
2. The Distinction Between
Combatants and Non-combatants
3. The Principle of Non-Refoulement
(
 please see page 17 of the 2004 Edition)
1. HUMAN RIGHTS LAW
The Right to Life with Dignity
“We understand an individual’s
right to life to entail the right to
have steps taken to preserve life
where it is threatened, and a
corresponding duty on others to
take such steps. Implicit in this is
the duty not to withhold or frustrate
the provision of life-saving
assistance”
(
 please see page 17 of the 2004 Edition)
Human Rights:
The International Bill of Rights (IBR)
The UN Charter (1945)
The Universal Declaration
of Human Rights (1948)
The International Covenant
on Economic, Social &
Cultural Rights (1966)
The International
Covenant on Civil and
Political Rights (1966)
Collectively known as the The IBR
2. HUMANITARIAN LAW
The Distinction between
Combatants and noncombatants
“Non-combatants are protected
under international humanitarian law
and are entitled to immunity from
attack”
(
 please see page 17 of the 2004 Edition)
International Humanitarian Law
IHL, applies the laws of war, during armed conflict
and seeks to:
• Regulate the conduct of hostilities (Law of the
Hague, since 1907)
• Protect persons not, (or no longer) taking part in
hostilities (i.e. civilians) (Law of Geneva, since
1864)
• Save lives and alleviate suffering of those
combatants and non-combatants during armed
conflict
The Four Geneva Conventions of 1949
• First Convention on the care of the
wounded and sick armed forces
• Second Convention on the care of the
wounded, sick and shipwrecked
members of armed forces at sea
• Third Convention on the treatment of
Prisoners of War
• Fourth Convention on the protection of
the civilian population
3. REFUGEE LAW
The Principle of Non-Refoulement
“…no refugee shall be sent back to a
country in which his or her life or
freedom would be threatened on
account of race, religion, nationality,
membership of a particular social
group or political opinion; or where
there are substantial grounds for
believing that s/he would be in danger
of being subjected to torture”
(
 please see page 17 of the 2004 Edition)
1951 Convention Relating to
the Status of Refugees
A refugee is someone who:
• is outside his/her country of origin
• has a well-founded fear of persecution,
because of race, religion, nationality,
membership of a particular social group,
political opinion,
• and who is unable or unwilling to avail
him/herself of the protection of that country,
or to return there, for fear of persecution
Who is not a refugee?
excluded from status:
• e.g. someone who has committed a
crime against peace, a war crime or
a crime against humanity
• who has committed a serious nonpolitical crime, prior to admission
The Principle of non-refoulement
article 33
• No contracting State shall expel or return
(refouler) a refugee in any manner
whatsoever to the frontiers of the territories
where his life or freedom would be
threatened on account of his race, religion,
nationality, membership of a particular
social group, or political opinion.
EXERCISE
Fill in the
blanks on
the chart
The main legal instruments
Human Rights
Example of
Documentary
Source
Core Ideas
Who has
rights
Who has
duties?
When do
they Apply
Universal Declaration
of Human Rights
Humanitarian
Law
The Geneva
Conventions
The right to life
with dignity
The distinction b/w
combatants and
non-combatants
All people
Non-combatants in
conflict
States (legally) but
everyone’s (morally)
Most apply always,
some don’t in states
of emergency
Warring parties
In armed conflicts
only
Refugee Law
The Convention on
protection of
refugees
Principle of nonrefoulement
Refugees, but not
IDPs
States where
refugees reside
Wherever refugees
exist
The Sphere Project
HUMANITARIAN CHARTER
… and Minimum Standards in
Disaster Response
Handbook Structure
Humanitarian Charter
Code of Conduct
Health
Shelter & Settlement
Food & Nutrition
Water & Sanitation
Common Standards Chapter
Minimum
Standards
Indicators
Guidance
Notes
Water supply standard 2:
water quality
Water is palatable, and of sufficient
quality to be drunk and used for personal
and domestic hygiene without causing
significant risk to health
What is a
minimum
standard ?
• A universal,
qualitative,
statement
about what is
necessary
Drinking dirty water in Eastern Chad
July 20, 2004. (Newsday / Jiro Ose)
(
 please see page 66 of the 2004 Edition)
What is an indicator?
A signal or tool to measure aspects of situations,
programs, or procedures: particularly
Participation, Process, and Outputs
(
 please see page 69 of the 2004 Edition)
Guidance notes
• Disseminate
experience,
illuminate areas of
controversy and
help use indicators
properly.
How will people use relief
materials, what kinds of
problems will there be?
(
 please see page 70 of the 2004 Edition)
In Summary…..
The Humanitarian Charter is about principles and values
based on an appreciation of all people’s rights, based on
existing international law - These principles are made
“practical” by…
Standards - that are universal, open to interpretation, and
applicable in any situation - These standards are made
“measurable” by…
Indicators - that allow direct observation and comparison
against a baseline situation that may be either quantitative,
qualitative, or process-based. - These are further clarified
and related to context by…
Guidance notes - that show specific ways of carrying out
procedures in field conditions.
Sphere Humanitarian Charter
and Minimum Standards--- So what?
•
Advocate for rights of affected populations
•
Advocate for non-return of refugees
•
Use indicators to plan immediate humanitarian aid
•
Use standards to guide immediate assessment
•
Code-of-conduct (HC) to guide humanitarian response
in the midst of political discussion (humanity,
impartiality)
•
Determine type and amount of humanitarian
assistance required
YOUR BOOK
Your notes and tabs
Humanitarian Charter rights based approach
Standards and indicatorsexperience- -based approach
• 1 set of common standards
• 4 technical chapters
Getting ready...
Find and mark these sections in your book with a
tab to help you in your future work using Sphere :
•
•
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The Humanitarian Charter…….p. 16
The Code of Conduct………….p. 317
Acronyms ……………………….p. 328
The index………………...………p. 332