Third Committee
Safety and Security of Humanitarian Personnel
by
Raymond Fraters
Victimization of UN personnel rose markedly throughout the 1990s. UN humanitarian
missions have expanded dramatically, both geographically and numerically. Many such
operations occur in states suffering from tumultuous social or political situations, and with
dysfunctional or frail institutions. These unstable environments create hazardous conditions
for UN humanitarian workers and those from affiliated non-governmental organizations.
The Security Council and other UN organs have sought some remedies. Nevertheless,
violence against UN personnel persists. Medical, and other humanitarian missions have
been suspended due to attacks against UN workers. As the UN launches bold new
humanitarian initiatives for the millennium, the security of its human component must be
ensured. Efficient, cost effective means must be formulated to allow UN workers in the
field to accomplish their jobs safely.
UN humanitarian missions are dispatched around the world in response to a multitude of crises. Assistance in government, health and welfare, infrastructure, education, and peacemaking are but a few examples of UN humanitarian programs. Missions employ a wide spectrum of UN agencies, NGOs, and member-state institutions. Such assistance, except for the most extreme circumstances, is arranged at the request of the beneficiary state. As such, state cooperation with and facilitation of UN efforts is a welcome and necessary component of any humanitarian mission.
Responsibility for the safety of UN and affiliated local personnel rests primarily with the assisted state. In many cases, political turmoil or overburdened civil institutions make state sponsored security impossible or impracticable. While protected under international law, several charters, and conventions, humanitarian workers often operate in areas where such protections are ineffective. As a result, international personnel are increasingly intimidated, detained, robbed, beaten, kidnapped, ambushed and killed.
The International Civilian Mission in Haiti (MICIVIH) suffered threats and harassment in attempting to facilitate democratic elections in 1999. In June of 2000, a UNDAC earthquake response team in Indonesia was delayed by bandit activity and later detained, not by brigands, but by local citizens, irate over lagging relief efforts. In August, three workers from the UNHCR were severely beaten in Indonesia, forcing the suspension of the refugee repatriation program there. Three UNHCR staff were killed in West Timor on 6 September; another was killed one week later in Guinea. UN and affiliated personnel are often targeted for kidnapping, such as the UNICEF representative recently freed in Sudan. Belligerents often view humanitarian hostages as valuable commodities in negotiations with state governments.
Lethal encounters are increasing as well. Seven de-mining educators were ambushed and killed in Afghanistan, as was an International Medical Corps immunization supervisor in the Democratic Republic of Congo. Such murders are not isolated incidents. From January 1999 through August 2000, humanitarian workers have been assassinated in Angola, Burundi, East Timor, Haiti, Iran, Sudan, and the former Yugoslavia as well. Even the Russian Federation, a Security Council member, has come under scrutiny for its difficulties in protecting relief convoys into Chechnya. With UN peacekeeping forces often being attacked or ransomed, unarmed humanitarian personnel must mainly rely on intellectual protections against physical hazards.
Humanitarian personnel are protected by Article 3 of the Geneva Conventions of 1949, as pertains to assistance during armed conflicts. The definition and mission parameters of humanitarian assistance outside of a belligerent context are more vague, despite refining protocols in 1977. The 1994 Convention on the Safety of United Nations and Associated Personnel, enacted in 1999, remains unsigned by 135 member states. Security Council Resolution 1265 (1999), the resolution for the Protection of Civilians in Armed Conflict, urges combatants to respect humanitarian personnel and stresses their protected status under international law. It further reaffirms the right of the Security Council to react as needed with any appropriate means at its disposal. Since the UN is a peacemaking organization, alternatives to martial force in protecting associated personnel are the highest priority.
Document A/54/L.70, a draft resolution for the Security of United Nations Humanitarian Personnel, was shelved pending a budgetary evaluation. This resolution, if passed, would call for all states: to observe international law in granting necessary immunities to UN and associated personnel, to protect humanitarian workers and equipment, to fully investigate attacks against UN workers, and to expediently report the status of humanitarians in distress. It would further call upon the Secretary-General to engender respect for humanitarian personnel and their missions.
While protected in theory by international law, UN programs are evolving to face the realities of increasing victimization. Many assisted states lack the necessary police and judicial systems to assert the mandates of international law. In cases of armed conflict or civil war, numerous factions may be involved, each needing to be addressed to assure safe access for UN workers. Further, UN programs and processes are still being streamlined to obtain maximum efficiency as endemic budgetary restrictions hamper humanitarian programs. It is not feasible for the Security Council to assign a protective military force to every humanitarian mission. Other means of safeguarding UN and associated personnel must be explored.
Haiti’s capability to provide a secure environment for UN operations has been bolstered by training programs for local police. The United Nations Civilian Police Mission in Haiti (MIPONUH) promotes training and technical assistance in an effort to further empower the government to enforce international and national law. MIPONUH works to strengthen police, judicial, and penal institutions. A provisional program of this type was started in East Timor, which suffers from similar institutional deficiencies. Personnel in East Timor are evaluating the possibility of using disarmed belligerents as an auxiliary to government police. Renovating local civil institutions increases protection for the local population, as well as UN and affiliated personnel.
When intervening in situations of armed conflict, UN humanitarian missions must often coordinate with several belligerent factions in order to provide assistance. Humanitarian ceasefires have, with some exceptions, proved effective in allowing access to areas in need of assistance. World Health Organization officials cited the ceasefire in Afghanistan as a prime reason for the success of Immunization Days there. Such ceasefires have been utilized, with varying degrees of success, in disputed regions around the world. Peace building is among the surest, yet most elusive means of establishing security for UN and affiliated personnel.
A number of more practical approaches to safeguarding humanitarian personnel have been proposed. Lately, emphasis has been placed on security awareness training for humanitarian personnel. Such training has been credited with reducing the incidence of attacks. Other measures include limiting staff on the ground to those who can be expediently evacuated, and situating UN mission buildings in a less dispersed, more easily defended manner.
Security, a previously overlooked consideration of humanitarian aid, is now being figured into assistance packages. Resource pooling is proving an effective means of maximizing mission budgets by providing more access to body armor, communications devices, transportation, etc. Greater cooperation with and support of the United Nations Security Coordinator (UNSECOORD) is being urged.
More comprehensive recognition of humanitarian personnel is also being fostered. The Convention on the Security of United Nations Humanitarian Personnel of 1994 protects only those operating under mandate from the General Assembly or Security Council. Since then, a more inclusive definition has been pursued, generally encompassing affiliated NGOs, etc. Such inclusion currently requires a signed agreement between the UN and affiliate. Greater understanding of humanitarian assistance, and its non-partisan mandate, is also being promoted in strife torn regions. Education, planning, and coordination are key. These factors can help to decrease the risks that UN and associated humanitarian personnel are exposed to in carrying out their duties.
Violence against UN humanitarian personnel is on the rise, and takes myriad forms. Steps must be taken to improve the safety of UN and affiliated personnel. So far, a number of ad hoc measures have been taken. The UN is striving to strengthen the ability of assisted nations to protect humanitarian personnel by enforcing international law. They are also increasing their contacts in states undergoing armed conflict, as a means to create safe passage for UN personnel. Changes have been made to the way assistance programs are planned. Funding for security is becoming an integral part of many UN humanitarian missions. As usual, education and planning are being stressed in an effort to help humanitarian personnel to better protect themselves and to minimize the risks involved by promoting trust and understanding of UN humanitarian operations.
The need for UN humanitarian assistance is on the rise worldwide. In order to launch effective programs designed to alleviate human suffering, UN missions must take steps to ensure the safety of their own personnel. Attacks on UN personnel harm not only the individual victims, but also the programs they serve, thereby the assisted state. Means must be developed to protect UN and associated humanitarian personnel in the pursuance of their duties.
Questions for further consideration:
1) How can Member States be encouraged to ratify the Convention on the Safety of
United Nations and Associated Personnel?
2) To what extent should peacekeeping forces be used to support or protect
humanitarian personnel? In what situations?
3) What can be done to strengthen the ability of Member States to provide a safe
environment for humanitarian personnel?
4) What new initiatives should be tried by UN bodies themselves?