Protocols for Humanitarian Agencies in Sierra Leone

Statement of Principles

The recent events in Sierra Leone present a complex challenge to the international humanitarian community. While supporting ongoing initiatives to bring peace and stability to Sierra Leone, there is a growing realisation that basic humanitarian needs should be met now to avoid future nutritional and health-related emergencies.

Activities should be guided by accepted humanitarian laws and principles. The basic elements of these principles are drawn from the General Assembly Resolution 46/182 and from recognised legal instruments, including the 1949 Geneva Conventions relating to the protection of victims of war, the two additional protocols to the 1949 Conventions dealing with the protection of victims of international armed conflicts and non-international armed conflicts and the 1989 Convention on the Rights of the Child. These humanitarian principles include the following:

1. Humanity: Human suffering should be addressed wherever it is found. The dignity and rights of all victims must be respected and protected. Free and unimpeded access for humanitarian assistance activities and the staff of humanitarian organisations must be granted by all parties concerned.

2. Neutrality: Humanitarian assistance should be provided without engaging in hostilities or taking sides in controversies of a political, religious or ideological nature. Humanitarian aid is not a partisan or political act and should not be viewed as such. It has an independent status beyond political or military considerations.

3. Impartiality: Humanitarian assistance is provided without discrimination as to ethnic origin, gender, nationality, political opinion, race or religion.

4. Beneficiaries: All humanitarian assistance provided is for the use of identified civilian beneficiaries, guided solely by their needs. Priority is at all times given to vulnerable groups such as women, children, the elderly, disabled or displaced people.

5. Accountability: Humanitarian agencies hold themselves accountable to both those they seek to assist and those from whom they accept resources. Humanitarian agencies recognise the obligation to ensure the monitoring of aid distributions to ensure their appropriate end use.

6. Human rights: Protection of basic human rights is a fundamental aspect of humanitarian action. The fundamental human right of all persons to live in safety and dignity must be affirmed and protected.

7. Capacity Building: All humanitarian actions should be tailored to local circumstances and aim to enhance, not supplant, locally available resources and mechanisms. Strengthening local capacity to prevent future crises and emergencies is an integral part of the humanitarian mandate.

8. Cooperation: Agency interventions should continue to be guided by strategies established through inter-agency cooperation. All agencies will continue to work within the framework and mechanisms of inter-agency cooperation already established in Sierra Leone. For example:

a) New humanitarian agencies to a region must respect existing designated operational areas and sectors. Consultation through established coordination mechanisms should occur before any programmed planning and intervention in an area.

c) Information sharing, especially over security incidents such as harassment of staff, theft of communications equipment, vehicles and other assets, is paramount.

d) Respect for established working practices should continue. Etiquette over staff employment, salaries, rent for property, resources and general services should be followed.

9. Needs assessment: The humanitarian community is responsible for the identification of needs and the provision, monitoring and control of humanitarian resources. This will be realised through and with the ongoing involvement of local, national and international stakeholders.

10. In accordance with the principle of accountability, relief assistance should not be bartered for access to communities, to pass through checkpoints or to ameliorate working arrangements with local administration.

12. All agencies involved in humanitarian operations in Sierra Leone must abide by this Code of Conduct. Interagency structures will act as a self-regulatory mechanism to ensure adherence to the Code of Conduct. Compliance with the Code of Conduct will be achieved through transparency and concensus building.

General Assembly Resolution 46/182 and recognised legal instruments, including the 1949 Geneva Conventions relating to the protection of victims of war, the two additional protocols to the 1949 Conventions dealing with the protection of victims of international armed conflicts and non-international armed conflicts and the Convention on the Rights of the Child incorporate principles guiding the behaviour of Member States of the United Nations and non-state entities. These humanitarian principles make the following provisions with regard to States and Non-State Entities:

1. Primary responsibility for the protection and well-being of the civilian population and respect for their human rights rests with the Government of the state or authorities in control of the territory in which endangered persons are located. Insurgent groups and militia should be held to the same standard of responsibility as Governments.

2. States in proximity to emergencies are urged to participate closely with affected countries in international efforts with a view to facilitating, to the extent possible, the transit of humanitarian assistance and humanitarian personnel.