3. United Nations High Commissioner for Refugees (UNHCR)
As an international agency with a mandate for protection, the UNHCR has a rich history in initiatives and activities to enhance the protection of refugees and other persons of concern. To include all of the accomplishments of the agency, therefore, would require more than is possible in the scope of this paper. As such, the following activities were selected to represent the plethora of UNHCR initiatives related to protection.
Established in 1994 at a conference in Oslo, the Partnerships in Action (PARinAC) program created a framework for greater cooperation and strengthened partnerships between UNHCR and its NGO partners to better meet humanitarian and protection needs. The conference developed a broad plan of action, including more than 130 recommendations in such areas as refugee protection, internally displaced persons, and emergency preparedness. Beginning in 2000, the PARinAC program underwent a review process in an effort to revitalize the dialogue between UNHCR and its NGO partners. A report released in February 2000 set forth a series of recommendations for strengthened partnerships between UNHCR and NGOs on a variety of activities, including refugee protection. Included in these recommendations were proposals to develop NGO field guidelines on "Protecting Refugees," and efforts to strengthen UNHCR-NGO partnerships on protection through the Reach Out initiative (described below).
UNHCR established the Reach Out consultative process to restore support for the institutions that provide protection to refugees, asylum seekers, and internally displaced persons, and for UNHCR's protection mandate. The purpose of the consultations was two-fold: to persuade international and humanitarian agencies to act in support of refugee protection, and to explore how to do so more effectively; and to elaborate a common protection agenda and establish a dialogue to develop concrete, focused partnerships that promote protection in each region.
The first phase of consultations began in 1998 with a series of bilateral consultations between UNHCR's Executive Committee (ExCom) member states. NGOs and the Red Cross and Red Crescent Movement joined the dialogue in 1999 at a consultation on "Strengthening Collaboration with Humanitarian and Human Rights NGOs in Support of the International Refugee Protection System," in New York. From this process, the Reach Out Refugee Training Project was developed, spearheaded by international NGO networks and the Red Cross and Red Crescent Movement.
In late 2000, UNHCR launched the Global Consultations on International Protection, a process of broad consultations to discuss the international framework for protection and its relevance to contemporary population movements and to explore opportunities to strengthen protection through new approaches. The Global Consultations process consisted of three tracks, which focused respectively on the 1951 Refugee Convention and its 1967 Protocol, clarification of certain aspects of the 1951 Convention, and the development of operational approaches to address contemporary challenges not fully covered by the Convention and its Protocol. The Global Consultations officially came to a close in May 2002.
As part of this process, the International Council of Voluntary Agencies (ICVA) seconded a consultant to the Department of International Protection (DIP) at UNHCR to serve as an NGO liaison to the Global Consultations. The consultant was tasked with soliciting contributions from NGOs on issues addressed in the consultations and ensuring NGO input in all UNHCR documents and meetings related to the Global Consultations.
Following the final meeting of the Global Consultations process, UNHCR issued the "Agenda for Protection," a comprehensive framework for global refugee policy. Derived from discussions of the consultations process, the Agenda for Protection addresses a broad range of protection concerns, including: strengthened implementation of the 1951 Convention and the 1967 Protocol; protection of refugees within broader migration movements; the sharing of burdens and responsibilities more equitably and building capacities to receive and protection refugees; addressing security-related concerns more effectively; redoubling the search for durable solutions; and meeting the protection needs of women and children.
In 2001, UNHCR and the International Rescue Committee (IRC) initiated the Protection Surge Capacity Project, commonly referred to as the "Surge Project," to strengthen UNHCR's protection capacity through the deployment of qualified professionals on a temporary basis to UNHCR operations. UNHCR maintains responsibility for supervising deployed staff while also providing ongoing functional support and guidance.
UNHCR has also undertaken a number of initiatives around the prevention of and response to sexual violence, exploitation and abuse of refugees. In March 2001, UNHCR hosted an inter-agency Conference on Sexual and Gender-Based Violence (SGBV) in Geneva, Switzerland, bringing together more than 130 UN officials, NGO staff, experts, and refugees, to examine ways to prevent and respond to incidents of SGBV in refugee settings. The conference provided a forum for discussing progress on UNHCR's Sexual Violence Against Refugees: Guidelines on Prevention and Response (1995), reviewing UN Foundation-supported initiatives in establishing multi-sectoral prevention and response initiatives, sharing lessons learned in addressing prevention and response to SGBV among a wide range of actors working in a variety of refugee settings worldwide, and determining next steps for addressing SGBV among refugee populations.
In September 2002, the "UNHCR Code of Conduct," was formally issued to serve as a guide on appropriate professional conduct to international and local staff of UNHCR. The Code of Conduct describes the standards of conduct that all UNHCR staff are expected to uphold in accordance with the UN Charter and the Staff Regulations and Rules. The Code of Conduct, while not legally binding, applies to all UNHCR staff members. All UNHCR staff members were requested to sign the Code of Conduct.
In July 2002, UNHCR issued the document "Designing Protection Strategies and Measuring Progress: Checklist for UNHCR Staff," commonly referred to as the "Protection Checklist." This document identifies the goals for protection work in UNHCR operations, from the beginning of an emergency to the achievement of durable solutions. The checklist highlights protection issues that should be of concern to all UNHCR staff in the planning of operations, recommends practical activities for achieving protection goals, and identifies indicators to assist in measuring progress in meeting protection needs.
The NGO-UNHCR Retreat on Protection Partnerships, held in Geneva, Switzerland, in December 2003 provided a forum for UNHCR and NGOs to continue the dialogue around inter-agency protection partnerships. During the retreat, participants from several NGOs had an opportunity to discuss with UNHCR key challenges for the protection of refugees and the displaced, as well as brainstorm around ways to address such challenges through strategic partnership programs with UNHCR. Participants at the retreat developed an Action Plan outlining specific recommendations for follow-up activities. One outcome of the retreat was a directive to field offices through the issuance of a UNHCR IOM/FOM on Protection Partnerships in October 2004.
As part of a broad effort to ensure the quality of UNHCR's protection and assistance activities globally, the agency recently adopted a core set of readily-quantifiable "Standards and Indicators" around protection and assistance. The set of 52 standards and indicators, developed through consultations among several UNHCR divisions and bureaus, was formally integrated into the project planning process in October 2003. The standards and indicators cover protection issues in a range of sectoral programming areas, including community services and development, food and nutrition, water, sanitation, health, shelter/site planning, crop production, and education. UNHCR is also developing a detailed Field Guide as a companion piece to assist humanitarian field staff in the operationalization of the standards and indicators.
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4. United Nations Children's Fund (UNICEF)
UNICEF has long been involved in providing protection and assistance to children in conflicts and emergencies. UNICEF's central role in unstable situations is advocacy, assessment and coordination to ensure the care and protection of vulnerable children, and has undertaken a variety of activities in numerous countries affected by conflict to accomplish this task.
In 1999, UNICEF developed a course to enhance the understanding of UNICEF and partner staff around international law applicable to complex emergencies and to enable them to better apply that knowledge in practice. Humanitarian Principles Training: A Child Rights Protection Approach to Complex Emergencies provides participants with an overview of protection in complex emergencies; the international humanitarian and human rights legal framework for protection; and the particular protection needs and concerns for children in situations of armed conflicts. UNICEF organizes workshops for the training in a variety of regions around the world to deliver the training for UNICEF field staff, as well as staff of other UN agencies, international and local NGOs, donor representatives and government counterparts.
UNICEF published The Impact of War on Children, a study conducted in 2001 to raise awareness of the impact of armed conflict on children. The study analyzes the specific vulnerabilities of children in situations of conflict and outlines how violence and war can continue to affect children long after hostilities cease.
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5. UN Office for the Coordination of Humanitarian Affairs (OCHA)
In 1991, the UN General Assembly established the post of Emergency Relief Coordinator (ERC) to strengthen the reaction of the United Nations (UN) to complex emergencies and natural disasters, and created the Department of Humanitarian Affairs, now known as the UN Office for the Coordination of Humanitarian Affairs (OCHA), to serve as the ERC's secretariat. Tasked with the coordination of the UN's humanitarian response, policy development, and humanitarian advocacy, OCHA has been actively engaged in a number of inter-agency initiatives around protection.
Responding to calls by the UN Security Council and the Secretary-General in 1999 and 2000, UN OCHA undertook a major effort around the Protection of Civilians in Armed Conflict by developing a policy framework for a culture of protection, in close collaboration with other UN departments, humanitarian partner agencies and interested governments. As part of this initiative, OCHA's Policy Development and Studies Branch (PDSB) developed an "Aide Memoire" on the protection of civilians in armed conflict to serve as a diagnostic tool or framework to assist the Security Council and associated departments in defining threats to civilians in conflict situations, in drafting resolutions that better safeguard civilians, and in reviewing peacekeeping operations and threats to international peace and security. The Aide Memoire was adopted by the Security Council as an annex to Presidential Statement 2002/6, with the understanding that it would be updated periodically to reflect emerging issues. The first updated version of the Aide Memoire was adopted by the Security Council in 2003.
OCHA further plans to promote the protection framework through the development and distribution of a variety of resource tools on the protection of civilians in armed conflict, including a glossary of humanitarian terms and a bibliography of related resources. These tools are available online at:
www.reliefweb.int/ocha_ol/civilians/.
In addition, OCHA held a series of regional workshops on the protection of civilians in armed conflict beginning in 2002. The series of seven consultations brought together representatives of Governments, UN country teams, and civil society organizations to identify and address major regional protection concerns. Consultations were held in Southern Africa, East Asia-Pacific, Europe and the Balkans, West Africa, the South pacific, South Asia, and Latin America. In addition, country-level workshops have also been undertaken as a part of this effort to broaden the audience for protection policies and mainstream them within Member States' decision-making processes.
OCHA has also taken the lead in coordinating inter-agency consultations on implementation of a 10 Point Plan of Action on the protection of civilians in armed conflict, introduced by the Under-Secretary-General for Humanitarian Affairs to the Security Council in December 2003. The plan of action was developed after an extensive consultation process that completed the interdepartmental and inter-agency work on the UN system's responsibilities for protection of civilians in conflict, as outlined in a "Roadmap" on the topic.
In 2002, the Internal Displacement Unit was established within OCHA as a non-operational unit responsible for monitoring situations of internal displacement globally, conducting systematic review of selected countries, identifying operational gaps to the protection and assistance of IDPs, and making recommendations.
In 2003, the Internal Displacement Unit, in collaboration with the Brookings Institution-SAIS Project on Internal Displacement, prepared the "Protection Survey" in order to examine the capacity of UN agencies and other relevant bodies to meet the protection needs of IDPs. The survey report identifies gaps in protection work in field settings and considers the institutional constraints that pose challenges to the provision of critical protection programs at the field level.
Commissioned by OCHA in 2003, the "External Evaluation of OCHA's Internal Displacement Unit" served to examine the degree to which the Internal Displacement Unit is able to respond to the needs of the internally displaced and provides a set of recommendations to improve the effectiveness and capacity of the unit. In response to this evaluation, the Internal Displacement Unit has undergone a process of restructuring and was renamed the Inter-Agency Internal Displacement Division (IDD) in May 2004 in an effort to enhance the Collaborative Approach to protection and assistance to IDPs and the division's engagement with other actors in this process. The division consists of international staff seconded by the UN Development Programme (UNDP), the UN High Commissioner for Refugees (UNHCR), the World Food Programme (WFP), UN OCHA, the UN Children's Fund (UNICEF), the International Organization for Migration (IOM), non-governmental organizations (NGOs), and the Representative of the Secretary-General (RSG) on IDPs. The UN Under-Secretary General for Humanitarian Affairs and Emergency Relief Coordinator appointed a Special Adviser on Internal Displacement to lead the IDD.
The IDD is also considering the establishment of a Protection Standby Capacity. Such an initiative would provide a pool of protection experts able to be deployed at the request of Humanitarian Coordinators/Resident Coordinators and country teams in order to provide strategic advice and undertake protection monitoring and reporting on IDPs as a last resort when protection mandated actors are not present in the field or not willing to take on this task.
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6. UN Representative of the Secretary-General on Internal Displacement
Responding to the urging of the international community to improve protection and assistance to internally displaced persons (IDPs), the UN Secretary-General established the post of Representative of the Secretary-General on Internal Displacement in 1992 to raise awareness around problems of internal displacement and investigate ways to improve the UN response. The work of the Representative includes such efforts as: awareness raising and advocacy on behalf of IDPs; developing and promoting a normative framework to ensure protection and assistance to IDPs; promoting effective institutional arrangements for IDPs at the international, regional and national levels; undertaking country missions to draw attention to specific IDP situations; building capacity of civil society and national human rights institutions; and conducting policy-oriented research. The Representative has reported annually to the Commission on Human Rights and the General Assembly on the mandate and activities of the position.
At the request of the UN General Assembly and the Commission on Human Rights, the Representative on Internal Displacement, through a process of broad-based consultation, developed and drafted the Guiding Principles on Internal Displacement in 1998. The Guiding Principles are based on existing provisions of international law and outline the international framework upon which the protection and assistance to internally displaced persons (IDPs) is based and identifying the rights if the internally displaced during all phases of displacement. The Representative actively promotes the dissemination, use, and application of the Guiding Principles at the international, regional, and national levels.
The mandate of the Representative of the Secretary-General on IDPs ended in August 2004. In Resolution 2004/55, the Commission on Human Rights requested the UN Secretary-General to establish a mechanism that will address the complex problem of internal displacement, building on the work of the Special Representative. In September 2004, the Secretary-General appointed a Representative on the Human Rights of Internally Displaced Persons to serve as an independent expert. The Representative on the Human Rights of Internally Displaced Persons will be supported by the Office of the High Commissioner for Human Rights and will work in close cooperation with the Emergency Relief Coordinator, the Internal Displacement Division (IDD) within UN OCHA, and the United Nations High Commissioner for Refugees.
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7. Global IDP Project
Established by the Norwegian Refugee Council (NRC) in 1996, the Global IDP Project was created to respond to growing information needs related to internal displacement. As part of this effort, the first-ever global survey of internal displacement was published by the project in 1998. Soon after, the Global IDP Project and the Norwegian Refugee Council undertook an effort to develop and maintain an integrated information system of facts, statistics, and analysis on internal displacement worldwide.
The following year, the NRC officially launched the Global IDP Database. The purpose of the database is threefold: to promote the use of the Guiding Principles on Internal Displacement; to make available information on issues around internal displacement and country-specific situations; and to support the capacity of the international community to better respond to situations of internal displacement.
Since 1999, the NRC has conducted a series of workshops on the Guiding Principles to enhance the capacities at the local and national level to respond to the needs of the internally displaced. To facilitate these workshops, the NRC developed a set of five training modules that are structured according to the sections of the Guiding Principles and describe the content of the principles as well as their background to international human rights, humanitarian and refugee law.
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8. The Inter-Agency Standing Committee
The Inter-Agency Standing Committee (IASC) was also created to strengthen the UN's capacities in country-level coordination for responding to crises of internal displacement. Comprising representatives of the key humanitarian, human rights, and development agencies of the UN as well as several standing invitees, including the International Committee of the Red Cross (ICRC), the International Federation of the Red Cross and Red Crescent Societies (IFRC), the International Organization for Migration (IOM), the UN Office of the High Commissioner for Human Rights (UNOHCHR), the Representative of the Secretary-General on Internal Displacement, the World Bank, and three NGO consortia, the IASC was established in 1991 by the UN General Assembly with the purpose of facilitating the country-level coordination mechanisms in international responses to crises of internal displacement. Although the scope of the IASC has since expanded, improving protection and assistance to IDPs remains a critical component of its work and several protection initiatives have been undertaken under the auspices of this body.
In 1999, the IASC released a policy paper on "Protection of Internally Displaced Persons," which formally outlined the "Collaborative Approach" to internal displacement and identified necessary mechanisms for the coordination of inter-agency responses to IDP crises. The policy paper further identified a series of strategic areas for the development of a protective environment for IDPs and the integration of protection mechanisms into operational response and remedial action, including: dissemination of promotion of the Guiding Principles on Internal Displacement, advocacy, prevention and preparedness, strengthening of national and local capacities, training, community-based protection, protection strategies for vulnerable groups, and operational monitoring and reporting.
Recognizing a need to improve assistance to and protection of IDPs at the field level, the IASC established the Senior Inter-Agency Network on Internal Displacement in 1999. Composed of senior focal points within concerned agencies, the Senior Network was mandated to review selected countries with internally displaced populations and make recommendations for improved inter-agency response to their needs. Beginning in October 2000, the Senior Network undertook a series of country reviews, including such countries as Ethiopia and Eritrea, Burundi, Angola, Afghanistan and Colombia. Reports of these missions have been made available to members of the International Council of Voluntary Agencies (ICVA) at www.icva.ch.
The Senior Network, through its Special Coordinator, further proposed in April 2001 the establishment of the Internal Displacement Unit within UNOCHA, which was ultimately created in early 2002. Despite this, it was determined that the Senior Network should continue to exist as an inter-agency support and advisory mechanism for the Internal Displacement Unit. The Senior Network meets with the IDD on a regular basis.
In September 2004, an updated and improved IASC Policy Package on IDPs, developed by the IDD in collaboration with the Senior Network, was endorsed by the IASC Working Group, on behalf of the IASC Principals. The purpose of the policy package is to provide Humanitarian Coordinators (HCs) and/or Resident Coordinators (RCs) and UN Country Teams with the guidance and tools necessary to implement the "Collaborative Approach" in a more effective, transparent, and comprehensive way.
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9. The IASC Task Force on Human Rights and Humanitarian Action
The IASC Task Force on Human Rights and Humanitarian Action has also been engaged in activities to strengthen the capacity of the humanitarian community around human rights activities. To this end, the Task Force organized a "Workshop on Human Rights and Humanitarian Action" in November 2001, bringing together training experts and practitioners from a range of UN agencies, NGOs, and the ICRC to review existing training material on human rights and consider the usefulness of developing training modules on human rights for the humanitarian community. A second workshop on "Human Rights and Humanitarian Action" was convened in April 2004 to further clarify the links between human rights and humanitarian action, consider challenges to pursuing a rights agenda in humanitarian settings, explore opportunities for joint projects and activities for linking human rights and humanitarian action, and to discuss next steps for the international community in this area.
The Task Force on Human Rights and Humanitarian Action has undertaken additional initiatives to promote thinking around linkages between human rights and humanitarian activities more broadly, including the publication of Growing the Sheltering Tree: Promoting Rights through Humanitarian Action and "Frequently Asked Questions on International Humanitarian, Human Rights and Refugee Law" in 2002, and ongoing work to develop guidelines on human rights for HCs/RCs. These initiatives are discussed at greater length below.
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10. The IASC Task Force on Protection from Sexual Exploitation and Abuse
Established in March 2002, the IASC Task Force on Protection from Sexual Exploitation and Abuse made considerable progress on the development and clarification of minimum standards for the prevention of abuse and exploitation by humanitarian workers and peacekeeping personnel. Co-chaired by UN OCHA and UNICEF, the Task Force comprised a range of UN agencies and NGO consortia, including: WFP, UNHCR, the UN Office of the High Commissioner for Human Rights (UNHCHR), the Department of Peacekeeping Operations (DPKO), the UN Office for Project Services (UNOPS), UNDP, the Office of the Special Adviser to the Secretary-General on Gender Issues and Advancement of Women (OSAGI), InterAction and the Steering Committee for Humanitarian Response (SCHR).
In June 2002, the Task Force presented the "The Report of the Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises," and the Plan of Action, which identify core principles for humanitarian workers; call for the incorporation of the core principles into agency codes of conduct, staff rules, and regulations; articulate Task Force recommendations; and establish more effective response mechanisms to address sexual exploitation and abuse in humanitarian crises.
The UN Secretary-General issued a bulletin on "Special Measures for Protection from Sexual Exploitation and Sexual Abuse" (ST/SGB/2003/13) in October 2003, setting forth minimum standards for personal conduct of UN civilian personnel and prohibiting acts of sexual abuse and exploitation. The Secretary-General's Bulletin applies to all civilian staff of the United Nations, who were requested to sign it.
In May 2004, the Chair of the IASC and the UN Under-Secretary-General for Management issued a series of tools and guidelines to provide guidance to field staff around implementation of the SG's Bulletin. In addition, the IASC Task Force also oversaw the preparation of model complaints mechanisms and investigation procedures.
The Task Force concluded its work in June 2004 with the submission of the "Final Report to the Inter-Agency Standing Committee Working Group on the Activities of the IASC Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises." Although the regular work of the Task Force has concluded, the Task Force co-chairs will continue in their capacities in a number of activities, including: chairing an informal network of focal points on Sexual Exploitation and Abuse within IASC to provide advice and guidance on implementation of the SG's Bulletin; providing ongoing support to RCs and HCs on implementation issues; providing input to relevant General Assembly and Security Council reports and resolutions on issues related to sexual abuse and exploitation; and providing support to DPKO in its engagement with Member States to address sexual exploitation and abuse by uniformed personnel in peace operations.
The activities of the IASC Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises served as a catalyst to the establishment of numerous independent, yet complementary, interagency initiatives to enhance the capacity of UN agencies, NGOs, international organizations, and other relevant bodies to prevent and respond to incidents of sexual exploitation and abuse among displaced populations, through the adoption of codes of conduct, trainings, and accountability mechanisms.
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11. International Commission on Intervention and State Sovereignty (ICISS)-The Responsibility to Protect
Responding to calls by the UN Secretary-General for the international community to "forge unity" around questions of principle and process related to humanitarian intervention, the Canadian government established the International Commission on Intervention and State Sovereignty (ICISS) in September 2000. Following a process of extensive consultations with representatives of governments, inter-governmental organizations, NGOs, universities, research institutes and think tanks worldwide, the commission produced The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty, which reframes the debate around intervention in terms of an obligation to protect populations at risk.
Based on the premise that states are ultimately responsible for protecting the dignity and basic rights of their citizens, the report emphasizes that it is the responsibility of the international community to react "where a population is suffering serious harm, as a result of internal war, insurgency, repression or stat failure, that the state in question is unwilling or unable to halt or avert it." In addition, the report concludes that the responsibility to protect also encompasses the responsibility to prevent atrocities by addressing root causes and the responsibility to rebuild following an intervention. The report was formally presented to the Secretary-General and the United Nations in December 2001.
Since the publication of The Responsibility to Protect, the Government of Canada and other interested governments have undertaken a process to gain support for the principles set forth in the ICISS report and to develop mechanisms for their implementation. A series of roundtable discussions on the report, its recommendations, and mechanisms to move the process forward is being held at the regional level and at the UN missions in New York. In March 2003, a civil society roundtable discussion, co-organized by the International Council on Voluntary Action (ICVA) and the World Federalist Movement-Institute for Global Policy (WFM-IGP) was held to promote discussion around the potential roles of civil society in ensuring that governments respond earlier and more effectively to emerging crises.
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12. Field-based Inter-Agency Protection Working Groups
In addition to the many initiatives to address protection of refugees and IDPs amongst institutions at the headquarters level, recent crises have witnessed the emergence of a number of emergency-specific protection working groups to coordinate the international response to protection violations in the field. Following allegations of abuse and exploitation of refugee children in West Africa, a broad-based group of agencies working in Sierra Leone came together to form the Coordination Committee for the Prevention of Sexual Exploitation and Abuse and designed a number of tools and training to prevent incidents of abuse and exploitation by humanitarian workers. In Liberia, UN agencies, international and local NGOs established several working groups around protection, including: the Liberia Protection Forum, the Child Protection Working Group, and the Sexual & Gender-Based Violence Working Group. A similar mechanism was initiated in Iraq with the establishment of the Inter-Agency Protection Working Group. Following security incidents in the country, however, the group relocated to Amman, Jordan. The Protection Working Groups in Darfur, Sudan, composed of UN agencies and international NGOs working in the region, are currently addressing the many protection concerns relevant to that crisis, as well as providing advice on protection issues to UN agencies and international organizations operating in the region.
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13. Donor Agencies
Within the United States Government, the U.S. State Department's Bureau for Population, Refugees, and Migration (PRM) has undertaken a number of activities and initiatives in recent years around protection. To assist PRM refugee program officers in the field monitor refugee protection, the agency published Monitoring Refugee Protection in February 2002. The handbook includes chapters on identifying protection issues, legal issues and treatment, physical security, equal access to assistance, and protection in refugee camp settings. This handbook has been used in trainings for Reach Out as well as the Protection Surge Project.
PRM has also undertaken efforts to enhance UNHCR's protection capacity through increased protection staffing. The UNHCR Senior Coordinator for Children post was created in 1992 at the suggestion of PRM, following a PRM evaluation in 1991 of the UNHCR Guidelines on Refugee Children (1988). PRM is continuing its efforts to enhance UNHCR capacity around protection by funding an additional 27 protection posts within UNHCR for Fiscal Years 2004 and 2005.
In addition, PRM has implemented requirements for its NGO partners to better ensure the protection of refugees and displaced. As of December 31, 2002, the U.S. Department of State's Bureau for Population, Refugees and Migration (PRM) requires implementing partners to adopt a code of conduct that reflects the six core principles identified by the Inter-Agency Standing Committee (IASC) Task Force on Protection from Sexual Exploitation and Abuse in Humanitarian Crises as a part of cooperative agreements and grants. This requirement is now included in all NGO guidelines issued by the Department of State/PRM.
The United State Agency for International Development (USAID) officially adopted a new policy on internal displacement in September that cites protection for the first time as a key priority in USAID activities. The agency is currently in the process of introducing the new policy internally as well as externally. Because protection is an unfamiliar concept to some bureaus and overseas missions within USAID, the agency will mount a series of internal initiatives to raise awareness among USAID personnel. A new USAID training program on protection is nearing completion. USAID's Office of Transition Initiatives has established a new three-person protection unit to serve as an internal resource on protection issues. USAID's Office of Foreign Disaster Assistance issued revised guidelines to grant applicants in July encouraging implementing partners to integrate protection into the design, implementation, and evaluation of relief programs. Protection officers served for the first time on USAID Disaster Assistance Response teams in Iraq, Liberia, Haiti, and Sudan during the past two years to ensure that protection concerns were properly analyzed and included in USAID assistance strategies.
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14. Danish Refugee Committee
In 2002, the Danish Refugee Committee (DRC) produced a comprehensive Protection Training Manual, which serves to introduce staff to international law, including Human Rights Law, Humanitarian Law; and Refugee Law, which provides the international legal framework for protection and assistance to refugee and IDPs. The manual is primarily designed for use by DRC training purposes but is available to external agencies.
In 2003, the DRC launched a policy development initiative aimed at a) enhancing DRC policy and strategy development in relation to protection and b) to strengthen the agency's operational capacity in relation to integrating protection related aspects in the programs. At the same time DRC hope to contribute, through this initiative, to the wider efforts within the humanitarian community to enhance understanding of protection and develop protection oriented humanitarian operations.
The initiatives draw from the ICRC-led protection workshops and the ALNAP Humanitarian Protection Guidance Booklet. The initiative, which involved several field programs (Sri Lanka, North Caucasus, Liberia and Serbia) is in the concluding phase, with field reports and synthesis report is to be issued in November 2004. In addition to the reports - and the internal clarification - a significant output of the initiative has been the development of a range of practical assessment tool aimed at assisting programs to better reflect protection concerns. DRC is currently consulting with IRC and one of the authors of the ALNAP Humanitarian Protection Guidance Booklet on a possible process for developing these further.
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15. InterAction Protection Working Group
The InterAction Protection Working Group, established in October 2002, comprises 30 humanitarian organizations with the goals of building capacity of member agencies around protection and encouraging donors and U.S. Government assistance agencies to adopt a protection lens to humanitarian work. The working group evolved from earlier activities by InterAction around the prevention of sexual exploitation and abuse, including the March 2002 Task Force on Prevention of Sexual Exploitation of Displaced Children and the issuance in June 2002 of the "Report of the InterAction Task Force on the Prevention of Sexual Exploitation of Displaced Children." It's scope has since broadened to include a rang of protection concerns.
The working group aims to foster approaches that incorporate protection elements into multi-sectoral program planning, design and implementation; to explore the role for NGO participation in providing protection in the field with a particular focus on women, children, and other vulnerable groups; to examine the on-the-ground impact of current initiatives in the area of protection of internally displaced persons and the role of US government and international agencies around this issue; and to advocate for policies, funding and programming that address protection needs.
In recent months, the InterAction Protection Working Group has developed documents and tools to assist member agencies in the process to integrate protection mechanisms into humanitarian operations. In April 2004, the working group launched "Making Protection a Priority: Integrating Protection and Humanitarian Assistance," which called for a more holistic, integrated approach to humanitarian programming to fulfill a collective responsibility for the protection of refugees and the displaced.
The working group is also in the process of finalizing companion pieces on the inclusion of protection mechanisms in data collection activities and multi-sectoral integration of protection in humanitarian response. In addition, training of senior levels of member organizations is planned for the coming year.
The working group is also planning a Protection Workshop for CEOs to be held during the annual InterAction CEO Retreat in December 2004. The workshop will emphasize the importance of incorporating protection mechanisms into humanitarian operations.
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16. International Council of Voluntary Agencies (ICVA)
Since the end of nineties, ICVA has promoted, supported, and facilitated policy discussions and sharing of experiences on protection within the NGO community, in order to increase the expertise of NGOs in protection, as well as to operationalise protection at the field level. Examples of ICVA's work in this regard have been its involvement in the IASC Task Force on Humanitarian Action and Human Rights, the participation in the ICRC protection seminars, and the participation in the Reach Out Refugee Protection training project. In its advocacy, ICVA has emphasised a focus on protection in policy forums and coordination mechanism dealing with refugees and/or IDPs.
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17. International Rescue Committee
The International Rescue Committee (IRC) began its protection initiative in January 2000 with the creation of a Protection Unit, responsible for increasing the awareness of basic protection principles among IRC staff and for incorporating protection activities into IRC programs in 25 countries. Currently, the Unit oversees IRC protection-related projects in thirteen countries and offers information and advice on protection problems affecting refugees, IDPs, and returnees. Protection staff works closely with other IRC staff to combat gender-based violence, discrimination and other human rights violations. In a few countries including Afghanistan, Sudan, and Pakistan, IRC field-based protection projects are helping to build the protection capacity of government officials, usually in close association with the UN.
The Unit also supervises the global "Protection Surge" staff recruitment
project, which is responsible for fielding 36 Protection Officers to UNHCR
offices around the world each year. Additionally, IRC seconded its Abuse and Exploitation Policy Advisor to UNHCR to help develop joint strategies and practical measures for NGOs and UNHCR to address this problem at the field level. IRC is committed to raising awareness of protection principles throughout the world, and was a founding member of the Reach Out protection training project, based in Geneva. IRC is a member of a variety of field-based protection working groups, and contributes to policy discussions, research and advocacy initiatives around the world.
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18. Oxfam-Great Britain
Oxfam-Great Britain has been investing in protection since 2002. There is a full time protection adviser based in headquarters who works with a peer group of advisers in 10 key countries to simultaneously develop and implement Oxfam GB's protection work. The approach taken to protection is deliberately built out of existing organizational expertise and values, using Oxfam's skills in civil society building, advocacy and campaigning and a strong theme of participation, to improve our programming. The core of Oxfam's protection approach is the recognition of violence, coercion and deliberate deprivation as humanitarian needs (alongside lack of food, water etc.) and to intervene either to reduce the level of threats, or to reduce people's vulnerability to those threats. This may result in longer-term interventions (over several years, rather than several months) at multiple levels (from the local to national and international).
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19. Peace Brigades International
Peace Brigades International (PBI) deploys teams of international personnel for protection purposes in Colombia, Indonesia, Guatemala and Mexico. The agency's Research and Training Unit in Brussels has been involved for the last 3 years in a program called the "Mainstreaming Protection Program," which aims to facilitate the process to mainstream protection into sectoral activities, including protection of IDPs and human rights defenders in areas affected by conflict.
This program has several areas of work, including: research on operationalizing protection in field operations; enhancing current training initiatives on protection; organizing seminars and fora for reflection and information sharing on protection needs and ongoing challenges; and conducting advocacy efforts with European governments and institutions around protection needs.
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20. Women's Commission for Refugee Women & Children
The Women's Commission for Refugee Women & Children has long been engaged in activities around protection for refugee women and children. In May 2002, the Women's Commission issued UNHCR Policy on Refugee Women and Guidelines on Their Protection: An Assessment of Ten Years of Implementation, an independent assessment of UNHCR's activities around protection of women since the adoption of Guidelines on the Protection of Refugee Women in 1991. The assessment was based on a review of previous assessments and reports, visits to five field sites (Eritrea, Ethiopia, Zambia, Pakistan, and Turkey), interviews with UNHCR Headquarters staff, and information and materials collected during ten years of Women's Commission field missions and technical assistance activities. The report identifies a number of challenges to the implementation of the guidelines and proposes a set of recommendations based on the assessment findings.
The Women's Commission has also undertaken the Protection Partners Project, in which the agency develops advocacy messages and strategies around the protection needs of women and girls that are addressed at policy and funding decision-makers among US and other governments, UN agencies, international NGOs, and donors based on information provided by a variety of supporting partners in Sierra Leone, Colombia, Afghanistan, and Pakistan.
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Section II: Protection Tools
- Addressing the Needs of Women Affected by Armed Conflict: An ICRC Guidance Document-Publishes in 2004 by the ICRC, this document serves as an operational tool for policymakers and humanitarian practitioners to ensure that humanitarian programs and services adequately address women's needs. The document is organized according to a variety of needs and risks facing women in situations of conflict, including: personal safety; sexual violence; displacement; food and essential household items; water; sources of livelihood; shelter; health; hygiene and sanitation; preservation of family links; access to education and information; social groups; and legal issues. The document includes a number of recommendations for operational activities to mitigate the impact of armed conflict on women based on good practices and lessons learned in the field.
- Adolescent Programming in Conflict and Post-Conflict Situations-Published by UNICEF in 2004, this document provides field staff with examples from nine case studies from conflict areas across the globe of ways to enhance adolescent participation in disarmament, demobilization and reintegration, and other humanitarian programs.
- Camp Management Toolkit-Developed in 2004 by the Norwegian Refugee Council, in coordination with the Danish Refugee Council, the International Rescue Committee, UNHCR, and the OCHA IDP Unit, the toolkit aims to define and compile information on all aspects of camp operations with which a camp manager and camp management team should be familiar; to identify the roles and responsibilities of camp managers and camp management teams; to provide a list of essential reading on aspects of camp management; and to offer practical and reference tools to support camp managers and camp management teams in their daily work. The toolkit includes specific chapters on a variety of issues, including: protection, child protection, prevention of gender-based violence; and camp security, among others.
- Child Protection: A Handbook for Parliamentarians-Issued in 2004 by UNICEF and the Inter-Parliamentary Union, this handbook offers guidance for governments and legislators around the need for strong laws, financial resources, and advocacy to alleviate the suffering of children worldwide. The handbook provides examples of parliamentarians' responses to the challenges of child protection and addresses specific protection issues.
- Data Collection in Humanitarian Response: A Guide for Incorporating Protection-This guide, to be published in November 2004, was developed by the InterAction Protection Working Group as a complement and supplement to existing publications that detail how to conduct data collection activities. The guidebook identifies a sampling of protection concerns in humanitarian and post-conflict settings and provides recommendations for incorporating protection elements into data collection activities.
- Frequently Asked Questions on International Humanitarian, Human Rights and Refugee Law-Developed by the IASC Task Force on Human Rights and Humanitarian Action as a complement to Growing the Sheltering Tree, this document seeks to respond to questions often posed by humanitarian workers around the international legal framework on which assistance and protection activities in humanitarian crises are based.
- Growing the Sheltering Tree: Promoting Rights through Humanitarian Action-Published by the IASC Task Force on Human Rights and Humanitarian Action, this document is a compendium of field practices on the promotion and protection of human rights through humanitarian action, with the aim of assisting humanitarian field workers to undertake human rights activities.
- Guidelines on the Protection of Refugee Women-Published in 1991, the Guidelines on the Protection of Refugee Women are designed for UNHCR field staff and NGO partners and outline specific protection issues, problems and risks facing refugee women and suggest concrete examples of how to improve protection as well as prevent or deter protection problems.
- Handbook for Applying the Guiding Principles-Published by UN OCHA and the Brookings-SAIS Project on Internal Displacement in 1999, the handbook outlines the Guiding Principles on Internal Displacement in non-technical language and provides suggestions for their practical realization.
- Handbook on Voluntary Repatriation-This handbook, developed by UNHCR in 1996, is designed to provide guidance to UNHCR staff and others on the role of UNHCR in voluntary repatriation operations. The handbook focuses primarily on large-scale refugee situations, and outlines practical approaches to protection issues in voluntary repatriation operations.
- Humanitarian Protection: A Guidance Booklet-This handbook was published by ALNAP in March 2004 by to improve the understanding of humanitarian field staff around protection concerns and improve practice in this area. The booklet will be piloted by several agencies in emergency contexts to assess its relevance and comprehensibility for humanitarian practitioners, after which a final version will be produced.
- IASC Policy Package on IDPs-Developed by the IDD, the policy package is designed to provide HCs/RCs and UN Country Teams with the guidance and tools necessary to implement the "Collaborative Approach" in a more effective, transparent, and comprehensive manner. The policy package consists of the following documents: "Guidance on Implementing the Collaborative Response," "Annex 1: Strategy Checklist," "Annex 2: Activities List," "Annex 3: Protection," and "Annex 4: External Support."
- IASC Task Force on Protection from Sexual Exploitation and Abuse Tools and Guidelines-The IASC Task Force on Protection from Sexual Exploitation and Abuse published six documents in May 2004 to assist humanitarian agencies in implementing the Secretary-General's Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse. The series of tools includes: "Terms of Reference for In-Country Focal Points on Sexual Exploitation and Abuse," "Terms of Reference for In-Country Network on Sexual Exploitation and Abuse," "model Information Sheet for Local Communities," "Model Complaints Referral Form," "Scenarios Covering Prohibited Acts, and "Implementation Guidelines."
- InterAction Online Protection Resource Library-The Protection Resource Library, to be launched in January 2005, is an extensive collection of policies, guidelines, training, and other materials around protection.
- Manual on Field Practice in Internal Displacement-Also published by UN OCHA and the Brookings-SAIS Project on Internal Displacement, the manual includes examples of field initiatives supporting the application of the Guiding Principles on Internal Displacement.
- Model Complaints and Investigation Procedures and Guidance Related to Sexual Abuse and Sexual Exploitation-Commissioned by the IASC Task Force on Protection from Sexual Abuse and Exploitation and funded and developed by UNICEF, this document serves to facilitate a consistent and effective approach across United Nations agencies in addressing "concerns with regard to violations of UN Staff Rules and Regulations and applicable codes of conduct regarding sexual exploitation and abuse by a United Nations staff member". The paper is subdivided into 4 parts: essential elements of a complaints protocol, the needs of the victim, essential elements of investigation procedures and taking disciplinary action. It provides essential guidance on how to conduct an investigation and interviewing mechanisms.
- Monitoring Refugee Protection-Published by the U.S. State Department Bureau for Population, Refugees and Migration (PRM) in 2002, this handbook was designed to assist PRM refugee program officers in the field monitor refugee protection. The handbook provides guidance to refugee program officers on such issues as identifying protection issues; legal issues and treatment; physical security; equal access to assistance; and protection in refugee camps.
- Operational Protection Reference Guide-Currently being developed by UNHCR in collaboration with NGOs, the purpose of the guide is to provide UNHCR and NGO field staff with practical guidance, examples, and approaches for the implementation of existing protection guidelines and tools through the collection of good practices. The guide is being developed through a number of field consultations to discuss challenges and problems encountered in implementing protection in the field and examples of practical approaches for broader application.
- Protecting Refugees: A Field Guide for NGOs-Published in 1999 by UNHCR and its NGO partners, this guidebook provides humanitarian staff of NGOs with a fundamental understanding of the legal concepts that underpin refugee protection and offers practical advice for field-based interventions to enhance the protection of refugees and the displaced through all stages of response. The guide also serves as the primary text of the Reach Out training program on refugee protection.
- Refugee Children: Guidelines on Protection and Care-Published in 1994, these guidelines were created for UNHCR staff and staff of operational partners. The guidelines suggest various protection measures in areas such as health and nutrition, psychosocial well-being, and prevention and treatment of disabilities and outline specific actions that ensure the safety of refugee children and protect them from abuse, exploitation and military recruitment.
- Refugee Protection in International Law: UNHCR's Global Consultations on International Protection-Published in 2003 by UNHCR, this document includes a number of papers commissioned as part of the Global Consultations on International Protection. The volume examines key challenges to the 1951 Refugee Convention, including the scope of the principles of non-refoulement and the proper application of the elements of the refugee definition.
- Refugee Protection: A Guide to International Refugee Law-This guide was published in 2001 by UNHCR and the Inter-Parliamentary Union to provide parliamentarians with a fundamental understanding of the international legal framework for refugee protection.
- Sexual and Gender-based Violence against Refugees and Internally Displaced Persons: Guidelines for Prevention and Response-These guidelines developed in 2003 for use by staff of UNHCR, UN agencies, inter-governmental organizations, NGOs, and host government agencies, outline the various types, causes and consequences of sexual and gender based violence and introduces a framework for the prevention of and response to SGBV. The appendices include various sample report/information forms, the UNHCR code of conduct, a guide for protection officers and additional resources.
- Sphere Handbook 2004-Initially launched in 1997 by a group of humanitarian NGOs and the Red Cross and Red Crescent movement to develop minimum standards for humanitarian assistance, the Sphere Project has been an ongoing effort to improve the quality and accountability in humanitarian practice. Revised in 2004, the Sphere Handbook includes protection as a cross-cutting issue throughout the handbook.
- UNHCR Handbook for Registration-Issued in 2003, the UNHCR Handbook for Registration provides UNHCR staff and government and NGO partners with detailed information around how to set up registration activities, important data to collect in registration processes, and how to manage and protect the information gathered. The handbook emphasizes the importance of registration as a key protection tool.
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Section III: Protection Training
- Building Safer Organisations-Initiated in April 2004 by the International Council of Voluntary Agencies (ICVA), the Building Safer Organisations project aims to develop training materials for NGO staff designated to undertake investigations of allegations of abuse or exploitation of beneficiaries by humanitarian workers. Two training curricula are currently being developed for senior managers of organizations and for investigators.
- Ecogia Protection Seminars-Initiated in November 2001, the Ecogia Protection Seminars aim to help humanitarian and human rights workers develop an enhanced understanding of the conceptual framework of protection activities in the context of conflict; analyze different ways in which humanitarian and human rights organizations become involved in conflict situations; identify the responsibilities of humanitarian and human rights organizations with regard to protecting civilians; review strategies for dealing with protection issues; and consider how various organizations involved in protection can implement strategies in a complementary manner. Each seminar is divided into four sessions to discuss protection as it relates to the following topics: violations of the law; information gathering, processing, and methodology; influencing state and non-state actors; and operations on behalf of specific groups. The ICRC is currently developing plans to organize decentralized Protection Seminars, which would adapt the content of the Ecogia Protection Seminars to regions and contexts and would target primarily national NGOs and local representatives of international NGOs and UN agencies.
- Human Rights & Refugee Protection Training Module-UNHCR produced this training module in 1995 to help familiarize UNHCR staff with the principles and provisions of international human rights law, and how human rights law may be used to complement and enhance refugee protection. The module is designed to be a practical reference tool and addresses issues that most commonly arise in the course of protection activities of UNHCR.
- Humanitarian Principles Training: A Child Rights Protection Approach to Complex Emergencies-This course was developed by UNICEF in 1999 to enhance the understanding of UNICEF and partner staff around international law applicable to complex emergencies and to enable them to better apply that knowledge in practice. The training program provides participants with an overview of protection in complex emergencies; the international humanitarian and human rights legal framework for protection; and the particular protection needs and concerns for children in situations of armed conflicts. Training workshops have been organized worldwide and are open to UNICEF field staff, as well as staff of other UN agencies, international and local NGOs, donor representatives and government counterparts.
- IASC Training Modules on Internally Displaced Persons-This training program includes six distinct modules that provide a basic level of understanding around the nature of internal displacement and the international legal and institutional frameworks for programmatic action on behalf of IDPs, as well as the programmatic mechanisms through which the international community is able to provide protection and assistance to the internally displaced. The IASC Training Modules on Internally Displaced Persons have been made available on the Global IDP Project website, www.idpproject.org, to facilitate widespread dissemination and use.
- Introduction to the International Protection of Refugees Training Module-Developed by UNCHR in1992, this training module is designed to provide UNHCR staff as well as staff of government agencies and NGOs with a fundamental understanding of international refugees protection. The module includes information and training on the historical background of refugee protection, international refugee law, who is eligible for international protection, linkages between refugees and human rights, and protection in practice.
- Norwegian Refugee Council Training Modules on the Guiding Principles-The NRC developed a set of five training modules that are structured according to the sections of the Guiding Principles on Internal Displacement. The modules provide users with a description of the content of the guiding principles and the relationship of the guiding principles to international human rights, humanitarian and refugee law.
- Protection Learning Programming for UNHCR Partners-In 2004, UNHCR launched the Protection Learning Programme for UNHCR Partners, a training program targeting UNHCR's NGO partners. The program is based on the Protection Learning Programme for UNHCR staff, but attempts to address the specific needs and concerns of UNHCR partner organizations. The program aims to develop a common understanding among UNHCR partners on protection and the international legal framework on which it is based, enhance the knowledge and skills of partner organizations around protection activities, and promote a strong partnership approach between UNHCR and its NGO partners. The program is divided into three phases: self-study (10 weeks); a four-day workshop; and a post-workshop project (6 weeks).
- Reach Out Refugee Protection Training Project-Initiated in 1999, the Reach Out project represents a collaborative effort by UNHCR, NGOs, and international organizations to improve the capacity of humanitarian workers to meet the protection needs of refugees by enhancing the protection awareness, knowledge, and skills of individuals and organizations that directly assist refugees, as well as increasing cooperation and collaboration between UNHCR and humanitarian actors around protection issues. The training program provides participants with a basic understanding of the principles of refugee protection, identifies categories of individuals in need of international protection, examines durable solutions for refugee problems, and recognizes the variety of actors involved in the protection of refugees worldwide. In addition, the Reach Out Project also conducts training-of-trainers workshops. Reach Out is now in its final year and is undertaking a review of its training materials and exploring options for housing these resources. Reach Out Training Modules are currently available online at:
http://www.reachout.ch/train.htm.
- Training of Trainers: Gender-Based Violence Focusing on Sexual Exploitation and Abuse-This training document outlines a module for a training workshop on gender-based violence, focusing on sexual abuse and exploitation. This program is a two-day training designed to increase participants' knowledge and understanding of the concept of gender and gender-based violence, and explore principles for a code of conduct and reporting mechanisms and programmatic response.
- Training Module on Humanitarian Principles and Human Rights-Developed in 2001 by the OCHCR in coordination with the IASC Sub-Working Group on the Consolidated Appeals Process (CAP), the training module aims to develop a framework reflecting the essential foundations of the CAP strategies: humanitarian principles and human rights; complementarity; vulnerability assessment and analysis; and prioritization. The training module is available on the Relief Web website, www.reliefweb.int.
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Section IV: Selected Protection Resources
Anderson, M.B., Do No Harm: How Aid Can Support Peace or War, (Boulder: Lynne Rienner, 1999).
This book examines the impact of international humanitarian and development assistance on violent conflict and serves as a tool for humanitarian and development organizations working in conflict settings to provide assistance in ways that reduce tensions and strengthen capacities for peace, rather than reinforce, exacerbate, and prolong conflict. The author provides lessons learned from around the world to illustrate examples of how aid has strengthened local capacities for peace as well as examples of how aid has exacerbated conflict. Using these lessons, the author offers an analytical framework as a practical planning and evaluation tool for aid workers to analyze the potential impact of aid on conflict and develop conflict-sensitive approaches to planning, implementing and monitoring humanitarian and development programs.
Bagshaw, S., and Paul, D., "The Protection Survey," UN Office for the Coordination of Humanitarian Affairs/Internal Displacement Unit and the Brookings-SAIS Project on Internal Displacement, 2003.
This survey analyzes to what extent protection policies have converted into practice at the field level. Based on missions to the Russian Federation, Somalia, Burundi, Liberia, Angola, the Democratic Republic of the Congo, Nepal, Sri Lanka and Colombia, the survey team examines how UN country teams and other relevant actors are working to support states in meeting their primary responsibility for the protection of internally displaced persons (IDPs) or, in some cases, are directly provide protection themselves. The paper concludes that the protection of IDPs remains largely ad-hoc, driven by personalities on the ground and lacks precisely what it needs, a predictable, consistent and systematic approach. Several recommendations are presented to address this problem.
Bookstein, A., Beyond the Headlines: An Agenda for Action to Protect Civilians in Neglected Conflicts, Oxfam International, 2003.
This report identifies the growing threats to civilians caught in armed conflicts in the wake of September 11, 2001, and outlines a set of recommendations to better ensure the protection of conflict-affected populations. The author raises such concerns as the increased targeting of civilians with violence in conflict settings, the contribution of substantial humanitarian aid to "priority" emergencies, and growing threats to the independence and impartiality of humanitarian assistance. The report further calls on the international community to strengthen mechanisms for the protection of refugees, internally displaced persons, and civilians in armed conflict and provides a series of recommendations to improve international activities to respond to and mitigate humanitarian crises; to provide more adequate and effective contributions of humanitarian aid; and to strengthen the system of international protection for asylum seekers, refugees and IDPs.
Captier, C., "What Does Humanitarian Protection Really Mean?" Humanitarian Exchange, March 2003.
This article examines the challenges that the concept of protection poses to humanitarian agencies. The article examines the approach of a humanitarian NGO to operationalizing protection and the limits of humanitarian protection. The author distinguishes between protection and humanitarian protection arguing that humanitarian organizations have the responsibility to compel others to protect, rather than provide protection themselves.
Darcy, J., "Human Rights and International Legal Standards: What Do Relief Agencies Need to Know?" Relief and Rehabilitation Network (RRN) Paper 19, Overseas Development Institute (ODI), London, 1997.
This paper argues for the recognition that humanitarian action is not limited to relief, but is a spectrum of human rights activity that includes assistance and protection to communities affected by conflict and other disasters. It explores the roles and mandates of the ICRC and of UNHCR and the tensions and potential dilemmas that may arise from trying to combine human rights advocacy with relief assistance. The paper examines issues of responsibility, protection and enforcement within both a moral framework and a legal framework that includes different branches of international law (human rights law, humanitarian law, and refugee law). The paper concludes with recommendations to include protection needs in needs assessment and to minimize potential negative side-effects of relief intervention.
Frohardt, M., Paul, D. and Minear, L., "Protecting Human Rights: The Challenge to Humanitarian Organisations," Occasional Paper 35, Thomas J. Watson Jr. Institute for International Studies, Brown University, 1999.
The paper looks extensively at the issue of protecting human rights in complex emergencies and highlights the practical challenges faced by humanitarian organizations in protecting civilians in contemporary armed conflicts. The paper discusses practical measures to enhance the security of individuals and populations in danger, including measures to prevent or deter attacks, whether in the form of direct assaults, torture, or cruel, inhuman or degrading treatment or in the form of deprivation of the essentials of survival. The paper is divided into four chapters examining in order: the current geopolitical setting for humanitarian action, the practical strategies that have been devised for protecting populations in danger, the dilemmas inherent in the specific challenge of mounting aid operations among belligerents and criminals and finally, the challenge of improving protection in the future.
Goodwin-Gill, Guy, "Refugees: Challenges to Protection," International Migration Review, Vol. 35, No. 1, Spring 2001.
Reflecting on fifty years of the UNHCR, the author attempts to offer an evaluation of the strengths, weaknesses, achievements and challenges for the future of the organization and for the furthering the protection mandate of UNHCR and other international agencies. There is a brief discussion of the High Commissioner's role and the legal framework in which it is grounded. This is followed by the challenges to the mandate of protection, divided under five rubrics: principle, law, organization, solutions, and leadership.
ICRC, Strengthening Protection in War: A Search for Professional Standards, Caverzasio, S.G., ed., (Geneva: ICRC, 2001).
The ICRC has compiled the results of workshops, presented over four years by various professionals, regarding the protection of civilians in armed conflict and situations of internal violence. This volume is designed as tool for professionals working in the field of protection to promote shared principles and practices and to raise the levels of professionalism and effectiveness within organizations.
InterAction, "Report of the InterAction Task Force on the Prevention of Sexual Exploitation of Displaced Children," 2002.
This report provides a discussion on the roots of the sexual exploitation and abuse of refugee children as well as recommendations for the international humanitarian community and its efforts to improve protection mechanisms for refugee minors. The report identifies factors that contribute to the creation of an environment in which sexual exploitation and abuse may occur, and calls for increased monitoring and protection initiatives, the sharing of resources on child protection and related issues, and the strengthening of training and accountability mechanisms.
InterAction Protection Working Group, "Making Protection a Priority: Integrating Protection and Humanitarian Assistance," 2004.
This paper presents the concept of protection for refugees, internally displaced persons (IDPs), and other civilians affected by armed conflict as a collective responsibility that requires a holistic approach to address the physical, social, and emotional aspects of emergencies. The paper calls for the integration of protection mechanisms into all humanitarian programs and outlines practical steps for implementing protection in such programmatic areas as multi-sectoral integration, data collection, capacity building, coordination, and advocacy.
Inter-Agency Standing Committee (IASC), Growing the Sheltering Tree: Protecting Rights through Humanitarian Action, (New York: UNICEF, 2002).
This publication is a collection of field practices that incorporate a rights-based approach to humanitarian assistance programs. According to the authors, the protection of human rights is fundamental to the general effectiveness of humanitarian assistance. The book begins with a general discussion of protection, followed by a series of sample practices collected from national and internal, governmental and non-governmental, and humanitarian relief and human rights agencies, during field studies in Afghanistan, Kosovo, Sierra Leone, and Sudan.
---. "Report of the IASC Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises," (New York: IASC, 2002).
The Inter-Agency Standing Committee Task Force is mandated with strengthening and enhancing the protection and care of women and children in situations of humanitarian crisis and conflict and making recommendations that aim to eliminate sexual exploitation. The report reviews the principle issues and constraints affecting the implementation of Task Force recommendations and gives a general overview of the Plan of Action, which applies to all IASC members and standing invitees. The Plan of Action is attached to the report and addresses the areas of prevention, response and management and implementation issues. The plan outlines steps that should be taken by the humanitarian community towards preventing sexual exploitation and abuse.
International Commission on Intervention and State Sovereignty (ICISS), The Responsibility to Protect: Report of the International Commission on Intervention and State Sovereignty, (Ottowa: ICISS, 2001).
The report focuses on the "right of human intervention" and aims to provide concise guidance to states faced with human protection claims in other states. The report outlines four basic objectives for intervention on human protection grounds and underlines the importance of meeting the requirements of those who seek or need assistance. It also addresses three key responsibilities of protection: the responsibility to prevent, the responsibility to react and the responsibility to rebuild; prevention is the priority. Finally, the report presents key operational principles that address the necessity of clear and unambiguous mandates, the involvement of the military, limitations, rules of engagement and coordination.
Martin, S., and Moller, E., "NGOs and Practical Protection in Humanitarian Crises," Humanitarian Exchange, November 2002.
This article presents key messages from a workshop on practical protection, held in Washington, DC, in December 2001. As a result of the increased scrutiny of the existing protection regime, NGOs are now discussing new roles in protection at the field level. The authors identify the possible roles of NGOs in practical protection, including: presence and advocacy; providing education and training as protection tools; mobilizing vulnerable groups for self-protection; and participating in direct primary protection activities. The authors discuss approaches to incorporating protection into NGO activities, establishing strategic protection partnerships, and developing critical training around protection.
Minear, L., "Partnerships in Protection: An Overview of Emerging Issues and Work in Progress," UNHCR Conference on Strengthening Collaboration with Humanitarian and Human Rights NGOs in Support of the International Refugee Protection System, (Geneva: UNHCR Center for Documentation and Research, 1999).
The author examines the increasing protection needs in humanitarian crises and emergencies and the emergence of protection partnerships among and between NGOs and relevant UN agencies as a result. The author further examines the interface between humanitarian assistance and human rights agencies around protection, and identifies both the challenges and opportunities that may arise from such partnerships, including operational challenges and questions around the division of labor for refugee protection. Despite the numerous challenges, the author notes significant progress in the development of productive inter-agency protection partnerships.
Nicolai, S., and Triplehorn, C., "The Role of Education in Protecting Children in Conflict," Humanitarian Practice Network Paper No. 42, March 2003.
This paper examines the links between education in emergencies and the broader protection needs of conflict-affected children, and calls for a reexamination of education as a tool of protection in humanitarian programming. The authors identify the risks that education programming presents in humanitarian emergencies as well as potential roles that education can play in providing protection to children displaced or affected by war and conflict. The paper presents a set of recommendations for the humanitarian community around the provision of educational programming in emergency settings, while calling for additional research to further enhance understanding of the links between emergency education and child protection.
Office for the Coordination of Humanitarian Affairs (OCHA), No Refuge: The Challenge of Internal Displacement, (New York and Geneva: United Nations, 2003).
This report provides a critical review of the current system for the protection of internally displaced persons (IDPs) and outlines the primary challenges for protecting and assisting IDP populations. The report examines the evolution of the international mechanisms for the protection of IDPs as well as the current "collaborative approach" adopted to address IDP issues. The author also identifies major issues of concern around internal displacement, including access, sovereignty, physical and legal protection, and the resolution of displacement for IDPs.
Pax International, Invisible Refugees: Internally Displaced Persons and the New Understanding of Protection and Sovereignty, Williams, J., ed., 2003.
This document is based on a conference organized by Pax International and the Chicago Kent Law School. It includes drafts of speeches and documents primarily focused around the possibility of legal protection for IDPs. Major topics include: the extent of the IDP problem; the question of state sovereignty and IDPs; whether IDPs should be given separate legal status; whether the international community should work towards adopting an international convention on IDPs; and whether the definition of "refugee" should be reconsidered. The document also discusses the existing codified rights under which IDPs can be protected. Although the document consists of separate speeches and papers, the overall conclusion is that greater thought is needed on legal protection for IDPs by the international community to better ensure IDP protection.
Paul, D., "Protection in Practice: Field Level Strategies for Protecting Civilians from Deliberate Harm," RRN Paper 30, ODI, London, 1999.
The author argues that international organizations operating in areas where violations of human rights and humanitarian law occur have an obligation to act in ways that enhance protection. The paper calls for an integrated approach to protection, including the identification of a protection focal point in each humanitarian crisis and the establishment of locally and regionally based protection working groups. The paper discusses such topics as field-level protection strategies, vulnerable groups in crises, and the role of NGO relief organizations in protection activities.
Slim, H., and Eguren, L.E., Humanitarian Protection: A Guidance Booklet, (London: ALNAP, 2004).
Acting as a complement to agency knowledge, this booklet serves as a general guide for staff considering or managing any form of humanitarian response that includes protection. It describes the ideas behind humanitarian protection, identifies the fundamentals of basic protection-focused programming and offers guidance on how to monitor and evaluate humanitarian action and its results in protection terms.
Slim, H., "Military Intervention to Protect Human Rights: The Humanitarian Agency Perspective," Background Paper: Meeting on Military Intervention and Human Rights, Oxford Brookes University, March 2001.
This paper provides an overview of the manner in which humanitarian agencies value the use of military force in humanitarian crises, while identifying the many concerns humanitarian agencies share regarding the manner in which such force is used. The author identifies two major categories of humanitarian concerns around military force, namely concerns in reaching a decision that force is morally acceptable in a situation and concerns around the preservation of humanitarian principles and operational difficulties while working in a context of international military intervention.
---. "Why Protect Civilians? Innocence, Immunity and Enmity in War," International Affairs, Royal Institute of International Affairs, May 2003.
This article looks at the nature of the concept of civilian in the context of war and armed conflict to explore issues around the conventional humanitarian call to protect civilians, as well as historical examples of the rejection of the civilian idea in war. The author identifies five main ideological arguments against the civilian idea and offers a civilian ethic challenging these objections.
UNHCR, Guidelines on the Protection of Refugee Women, (Geneva: UNHCR, 1991).
Published in 1991, the Guidelines on the Protection of Refugee Women are designed for UNHCR field staff and NGO partners and outline specific protection issues, problems and risks facing refugee women and suggest concrete examples of how to improve protection as well as prevent or deter protection problems.
---. Protection Refugees: A Field Guide for NGOs, (Geneva: UNHCR, 1999).
Published in 1999 by UNHCR and its NGO partners, this guidebook provides humanitarian staff of NGOs with a fundamental understanding of the legal concepts that underpin refugee protection and offers practical advice for field-based interventions to enhance the protection of refugees and the displaced through all stages of response.
---. Refugee Children: Guidelines on Protection and Care, (Geneva: UNCHR, 1994).
Published in 1994, these guidelines were created for UNHCR staff and staff of operational partners. The guidelines suggest various protection measures in areas such as health and nutrition, psychosocial well-being, and prevention and treatment of disabilities and outline specific actions that ensure the safety of refugee children and protect them from abuse, exploitation and military recruitment.
---. Sexual and Gender-based Violence against Refugees, Returnees and Internally Displaced Persons: Guidelines for Prevention and Response, (Geneva: UNHCR, 2003).
These guidelines developed in 2003 for use by staff of UNHCR, UN agencies, inter-governmental organizations, NGOs, and host government agencies, outline the various types, causes and consequences of sexual and gender based violence and introduces a framework for the prevention of and response to SGBV. The appendices include various sample report/information forms, the UNHCR code of conduct, a guide for protection officers and additional resources.
---. United Nations Training Manual on Human Rights Monitoring, (Geneva: UNHCR, 2001).
This training is intended to provide guidance on international human rights standards, monitoring methodology and selected organizational issues related to the establishment of human rights field operations. It integrates and builds on the experience of several United Nations Field Operations, under the responsibility of both the United Nations High Commissioner/Centre for Human Rights and the UN Department for Peace-Keeping Operations.
Van Goethem, H., "NGOs in Refugee Protection: An Unrecognised Resource," Humanitarian Exchange, March 2003.
This article suggests that the field presence of humanitarian NGOs necessarily entails the integration of protection. The author argues that while some humanitarian organizations have concerns around the politicization of humanitarian work, a hand-off approach to protection is no longer justifiable. The author further discusses the risks for NGOs in refugee protection, the UNHCR's Reach Out project and the limitations of protection training.
Vann, B., Gender-Based Violence: Emerging Issues in Programs Serving Displaced Populations, Reproductive Health for Refugees Consortium, September 2002.
This document is a compilation of key lessons learned around GBV programs in twelve countries. It is intended for staff and volunteers who work to protect displaced populations-both in the field and at the policy level. The document provides on overview of GBV programming, discusses critical issues of concern around GBV and proposes practical solutions, and presents a series of case studies of GBV programs from around the world.
Women's Commission for Refugee Women & Children, "UNHCR Policy on Refugee Women and Guidelines on Their Protection: An Assessment of Ten Years of Their Implementation," May 2002.
In 1991, the UNHCR adopted the Guidelines on the Protection of Refugee Women, emphasizing the linkages between protection and assistance. Based of on a review of other assessments and reports and visits to five field visit and interviews with UNHCR staff and other materials, this paper assesses the extent to which the UNHCR has successfully implemented the principles laid out by the guidelines. The assessment looks at the measures taken by the UNHCR in response to the risks and needs of women and girls, the effectiveness of UNHCR protection activities in relation to the risks and needs and the progress towards establishing gender equality.
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