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Report | Doc. 11608 | 05 May 2008
Activities of the International Committee of the Red Cross (ICRC)
(Former) Committee on Migration, Refugees and Population
Summary
The report gives an overview of the main areas of the ICRC’s activities, in particular in Europe, between 2002 and 2008 and evaluates the new challenges reflected in the institutional strategy of the organisation from 2007 to 2010.
It pays special attention to the ICRC’s efforts in protecting migrants, refugees, internally displaced persons and its activities in favour of missing persons.
The report encourages the ICRC to continue its participation in the institutional and operational humanitarian co-ordination with other humanitarian organisations and to promote further its co-operation with Red Cross and Red Crescent national societies.
As regards co-operation with the Council of Europe, the report calls for developed co-operation in particular in fields such as conditions of detention, humanitarian assistance for people affected by armed conflict and other situations of violence (including refugees and internally displaced persons – IDPs) and solving the issue of missing persons in Europe and the promotion, dissemination and national implementation of international humanitarian law.
A. Draft resolution
(open)1. The International Committee
of the Red Cross (ICRC) was established in 1863 and is at the origin
of the International Movement of the Red Cross and Red Crescent
(the Movement).
2. It is an impartial, neutral and independent organisation with
an exclusively humanitarian mandate to protect the lives and dignity
of victims of war, armed conflict and internal violence and to provide
them with assistance. It directs and co-ordinates international
relief activities conducted by the Movement in situations of conflict.
It also seeks to prevent suffering by promoting and strengthening
humanitarian law and universal humanitarian principles.
3. The ICRC has an international legal mandate under the Geneva
Conventions of 1949 and the Additional Protocols of 1977 to visit
prisoners, organise relief operations, reunite separated families
and to undertake other humanitarian activities during armed conflicts.
It also has a mandate under its statutes to undertake similar work
in situations of internal violence where the Geneva Conventions
do not apply.
4. The ICRC has a dedicated staff of over 12 000 persons worldwide,
maintaining a presence in 80 countries around the world and helping
millions of persons affected by armed conflict and other situations
of violence. It is generously supported by European states, in particular
by Belgium, Denmark, France, Germany, Italy, the Netherlands, Norway,
Sweden, Spain, Switzerland and the United Kingdom.
5. International humanitarian law (IHL) remains as relevant today
in international and non-international armed conflicts and it remains
imperative to provide protection for all victims on all sides of
armed conflict.
6. The Parliamentary Assembly welcomes the universal ratification
of the 1949 Geneva Conventions and the entry into force of Protocol
III additional to these Conventions on 14 January 2007. It also
expresses the hope that all international humanitarian law treaties
will achieve universal acceptance.
7. The Assembly further welcomes the progress made in the implementation
of international humanitarian law and acknowledges the importance
of taking measures at all levels to achieve its effective implementation, dissemination
and enforcement. Therefore, the Assembly recommends to the Council
of Europe member states to:
7.1. actively
support the work of the ICRC and its Advisory Service on international
humanitarian law aimed at assisting states to accede to and implement
international humanitarian law treaties;
7.2. encourage partnerships and synergies in the implementation,
dissemination and development of international humanitarian law
with other countries, international and regional organisations,
the ICRC, National Red Cross and Red Crescent Societies and their
International Federation, academic institutions and non-governmental
organisations;
7.3. strengthen the efforts to enforce international humanitarian
law at the domestic and international levels, bearing in mind that
impunity for crimes under international law is not acceptable and
that victims’ rights must be addressed in accordance with international
law;
7.4. translate international humanitarian law in the conduct
of military operations into military regulations and mechanisms;
7.5. provide ongoing in-depth training for armed and security
forces personnel at all levels on the rules of international humanitarian
law and their concrete application, including in the context of
multinational peacekeeping operations.
8. The Assembly fully supports the ICRC’s institutional objective
for 2007 to 2010 aimed at adapting the ICRC’s operational framework
and activities in order to respond to the needs of the victims of
armed conflicts and other forms of armed violence in the most timely
and effective ways possible. The Assembly encourages the ICRC to:
8.1. further increase its focus on
protection activities which can be best done by improving its financing;
8.2. continue its efforts to prevent enforced disappearances;
8.3. provide more support to governments to resolve the issue
of persons unaccounted for as a result of armed conflict or internal
violence, especially in the countries of former Yugoslavia and those
in the Caucasus region;
8.4. further contribute to building and maintaining the capacity
of National Red Cross Societies to promote international humanitarian
law, the principles and humanitarian values of the International
Red Cross and Red Crescent Movement and to consolidate the National
Red Cross Societies’ capacity to restore family links;
8.5. continue to participate in institutional and operational
humanitarian co-ordination with other humanitarian organisations
and adapt to new forms of co-ordination developed within the current
UN humanitarian reform, while upholding the neutral and independent
approach of the ICRC;
8.6. further promote international humanitarian law through
education and, in particular, through the implementation of the
project “Exploring humanitarian law” aimed at integrating international humanitarian
law in the formal curricula of secondary schools around the world,
as part of the basic education given to schoolchildren;
8.7. pursue work aimed at minimising the suffering of civilians
due to landmines, cluster munitions and other explosive remnants
of war;
8.8. continue its work on protection of migrants, refugees
and internally displaced persons.
9. The Assembly recommends to member states of the Council of
Europe and to the states whose parliaments enjoy observer status
with the Parliamentary Assembly to:
9.1. ratify, if they have not done so, and fully implement, inter alia, the Additional Protocols
to the Geneva Conventions of 1977 and 2005, the 2003 Protocol on
Explosive Remnants of War, the 2000 Optional Protocol to the Convention
on the Rights of the Child concerning the involvement of children
in armed conflict, the International Convention for the Protection
of All Persons from Enforced Disappearance, the Ottawa Convention
on the Prohibition of the Use, Stockpiling, Production and Transfer
of Anti-Personnel Mines and on Their Destruction;
9.2. create a domestic legal framework for the investigation
and prosecution of crimes under international law, in particular
war crimes, and for those states that have not yet done so, ratify
the statute of the International Criminal Court;
9.3. support the development of legally binding rules to end
the suffering of civilians caused by cluster munitions and participate
in the ongoing work to achieve this in the context of the Oslo Process
and the Convention on Conventional Weapons and examine possible
measures at the national level to prevent the use of cluster munitions
by armed forces;
9.4. support the adoption of an international humanitarian
law treaty on the prohibition of cluster munitions, as advocated
by the ICRC;
9.5. enact the necessary legislation implementing international
humanitarian norms and allocate the necessary financial resources
for their implementation;
9.6. accord to ICRC personnel unconditional access to persons
deprived of their freedom in order to monitor the well-being of
detainees;
9.7. solve the problem of missing persons using the good office
and experience of the ICRC;
9.8. protect cultural property from the effects of armed conflicts;
9.9. provide ICRC with financial support for its onward going
activities and its future monetary appeals;
9.10. integrate education on international humanitarian law
in the formal curricula of secondary schools as part of the basic
education of schoolchildren;
9.11. promote knowledge of the ICRC and its activities;
9.12. promote the independence and auxiliary role of the Red
Cross and the Red Crescent National Societies;
9.13. adopt measures on the use and protection of the distinctive
emblems and signs of the Red Cross Movement recognised under the
Geneva Conventions and their protocols.
B. Draft recommendation
(open)1. The Parliamentary Assembly
refers to its Resolution... (2008) on the activities of the International Committee
of the Red Cross (ICRC) and invites the Committee of Ministers to
take into account the ideas and proposals contained therein.
2. The Assembly recommends that the Committee of Ministers:
2.1. support the ICRC in its work
on monitoring conditions of detention;
2.2. co-operate with ICRC on promoting humanitarian assistance
for persons affected by armed conflict and other situations of violence
(including refugees and internally displaced persons);
2.3. contribute to solving the issue of missing persons as
a result of armed conflict and other situations of violence in Europe;
2.4. promote the dissemination and national implementation
of international humanitarian law.
3. The Assembly furthermore asks the Committee of Ministers to
instruct the Steering Committee for Education (CDED) of the Council
of Europe to examine ways to support the ICRC in their efforts to
include knowledge about international humanitarian law in the school
curriculum under the “Exploring Humanitarian Law” Project of the
ICRC.
C. Explanatory memorandum, by Mr Hancock
(open)1. Introduction
1. The Committee on Migration,
Refugees and Population of the Parliamentary Assembly of the Council
of Europe actively co-operates with the International Committee
of the Red Cross in various areas of its activity. The present report
was initiated by the rapporteur with the aim of attracting the attention
of Assembly members, the Committee of Ministers and the Council
of Europe member states to the new challenges facing the ICRC and
the necessity to strengthen co-operation between the Council of
Europe and the ICRC, in particular in fields such as conditions
of detention, humanitarian assistance for people affected by armed
conflict and other situations of violence (including IDPs and refugees)
and solving the issue of missing persons in Europe.
2. In the framework of the preparation of this report, your rapporteur
made a fact-finding visit to the headquarters of the ICRC where
he met the President of the ICRC, Mr Kellenberger, and other responsible officials.
The committee also held a number of exchanges of views with the
representatives of the International Federation of the Red Cross
and Red Crescent and European national societies.
3. The rapporteur expresses his gratitude to the ICRC secretariat
for their assistance in the preparation of this report and their
constant active involvement in the work of the Committee on Migration,
Refugees and Population.
2. Fundamental principles of the ICRC: impartiality, neutrality, independence
4. The ICRC is a component of
the International Red Cross and Red Crescent Movement, which also includes
the national Red Cross and Red Crescent societies and the International
Federation of the Red Cross and Red Crescent Societies.
5. All the components of the Movement act in accordance with
the three fundamental principles of impartiality, neutrality and
independence, which are the result of a century of experience and
guarantee the continuity of the Movement and its humanitarian work.
i. Impartiality
6. When carrying out its activities,
the ICRC makes no discrimination as to nationality, race, religious
belief, class or political opinion. It endeavours only to relieve
suffering, giving priority to the most urgent cases of distress.
ii. Neutrality
7. In order to continue to enjoy
the confidence of all, the ICRC may not take sides in hostilities
or engage at any time in controversies of a political, racial, religious
or ideological nature.
iii. Independence
8. The Red Cross is independent.
The national societies, while auxiliaries in the humanitarian services
of their governments and subject to the laws of their respective
countries, must always maintain their autonomy so that they may
be able at all times to act in accordance with the Red Cross principles.
iv. Mandate
9. The mandate of the ICRC is
based on international humanitarian law, in particular the four
Geneva Conventions (1949) and their three additional protocols (1977
and 2006). The main mission of the organisation is to protect and
assist the civilian and military victims of armed conflicts and
internal disturbances, on a strictly neutral and impartial basis,
and to promote compliance with international humanitarian law. The
ICRC is also called by its mandate to prevent suffering by promoting
and strengthening international humanitarian law (IHL) and universal
humanitarian principles.
10. The ICRC must always adapt to the realities of a given situation
and to the people it is helping, whether they are persons deprived
of their liberty, wounded, sick or displaced persons or resident
populations. In meeting their needs, the ICRC makes sure, at all
times and in all places, that its humanitarian action is impartial. Moreover,
its neutral and independent approach facilitates the ICRC’s access
to persons in need. By not taking sides between parties to a conflict,
the ICRC improves the chance of bringing protection and assistance
to those in need. It is a real challenge to ensure that this identity
is clearly perceived and respected by all concerned, especially
belligerents. This identity produces tangible benefits for the victims. 
11. The ICRC’s international legal status is recognised by the
international community based on its international mandate conferred
upon it by treaties of international humanitarian law. This is further
supported by the fact that the ICRC enjoys observer status at the
United Nations.
12. Under international law, the ICRC has been accorded a special
right to refrain from providing evidence. This right is expressly
referred to in the Rules of Procedure and Evidence of the International
Criminal Court and was confirmed by the International Criminal Tribunal
for the former Yugoslavia (ICTY) when, in its decision of 27 July
1999, in the case Prosecutor v. Simic
et al., the ICTY ruled that the ICRC’s absolute privilege
to withhold its confidential information was a matter of customary
international law.
13. Being independent of affiliation with any state, the ICRC
is a part of the International Red Cross and Red Crescent Movement.
The International Conference of the Red Cross and Red Crescent determines
the ICRC’s statutory authority to offer services or intervene in
armed conflicts.
v. Emblem
14. The Red Cross and Red Crescent
emblems are universally recognised symbols of assistance for the victims
of armed conflicts and natural disasters. In use since the 19th
century, these emblems unfortunately do not always enjoy the respect
to which they are entitled as visible signs of the strict neutrality
of humanitarian work. Moreover, certain states find it difficult
to identify with one or the other.
15. To resolve these issues, the states parties to the Geneva
Conventions adopted a third additional protocol to the conventions
at the diplomatic conference in December 2005 establishing the red
crystal.
3. ICRC operational activities
16. Today, the ICRC is working
in over 80 countries. Its 800 headquarters staff members, 1 500
expatriates in the field and 11 000 national staff members help
millions of people affected by armed conflict and other situations
of violence.
17. In accordance with its mandate to protect and assist these
affected populations, the ICRC carries out its work on the basis
of needs.
18. The year 2007 was a significant one for the ICRC in operational
terms. The organisation started out with an overall field budget
of €530.4 million and in the course of the year issued nine individual
budget extensions amounting to an additional €77 million. Throughout
the year, the ICRC combined its commitment to alleviate human suffering
resulting from longstanding, often neglected, crises such as those
in the Central African Republic, Colombia, Haiti, the Philippines,
Somalia and Yemen with responses in higher-profile conflicts such as
Afghanistan, Iraq and the occupied territories/autonomous territories,
Sri Lanka and Sudan.
i. Main areas of activities
a. Protection
19. Protection activities lie at
the heart of the ICRC’s mandate and seek to ensure that the parties
to a conflict meet their obligations and that the rights of individuals
under international humanitarian law and other fundamental norms
are respected. They cover all activities designed to ensure the
protection of victims of armed conflicts and other situations of
violence.
20. Protection activities comprise:
- protection of the civilian population, that is, individuals and groups not, or no longer, taking part in conflict or violence, notably persons or groups exposed to specific risks such as children, women, the elderly, the handicapped and displaced persons (this includes monitoring the compliance by all parties to the conflict with their obligations under international humanitarian law and other relevant instruments and enhancing such respect through confidential actions);
- protection of persons deprived of their liberty, particularly those detained in connection with an armed conflict or other situation of violence;
- restoring or maintaining links between members of families separated from each other and unable to establish contact by themselves, with priority given to children separated from their parents and other vulnerable groups and persons;
- clarifying the fate of people missing as a result of an armed conflict or other situation of violence.
Detention
21. Prison visits and re-establishing
contact between detainees and their families is a core activity
of the ICRC. In 2006, the ICRC visited or assisted close to half
a million people in more than 2 500 places of detention. It enabled
families to keep in touch with their loved ones through the collection
or distribution of more than 630 000 Red Cross messages. In
the Balkan region, the ICRC has regularly facilitated family prison
visits from Serbia to Croatia since 1997, as a lack of complete
travel documents, as well as security and financial concerns, make
it difficult for most families to visit their relatives in prison,
especially abroad. In many countries, delegates continue to monitor
the conditions of detention of people detained for security reasons,
such as those held in connection with past conflicts in the former
Yugoslavia. After conducting private interviews with the detainees,
the ICRC submits confidential reports to the authorities containing,
where necessary, recommendations for improving treatment and living
conditions.
In
the Balkan region, the ICRC has regularly facilitated family prison
visits from Serbia to Croatia since 1997, as a lack of complete
travel documents, as well as security and financial concerns, make
it difficult for most families to visit their relatives in prison,
especially abroad. In many countries, delegates continue to monitor
the conditions of detention of people detained for security reasons,
such as those held in connection with past conflicts in the former
Yugoslavia. After conducting private interviews with the detainees,
the ICRC submits confidential reports to the authorities containing,
where necessary, recommendations for improving treatment and living
conditions.Missing persons
22. In late 2001, the ICRC launched
the “Missing” project to heighten awareness of both the tragic fate
of people who are unaccounted for as a result of armed conflict
and other situations of violence and of the anguish suffered by
their families. The 28th International Conference of the Red Cross
and Red Crescent (2003) adopted the Agenda for Humanitarian Action,
which provided concrete objectives to be achieved by the states and
the Movement between 2004 and 2008 in order to prevent disappearances
and to respond to the needs of the families left behind.
23. The ICRC expanded its activities in favour of missing people
by offering legal advice to the governments concerned on how to
legislate in favour of the families of the missing so that the legal
obstacles caused by the absence of a missing person can be overcome,
allowing families to get on with their lives.
24. It was actively involved in the development of the International
Convention for the Protection of All Persons from Enforced Disappearance,
adopted in December 2006 by the United Nations General Assembly.
25. The ICRC carried out specific activities to address the problem,
particularly in the countries of the former Yugoslavia and those
of the Southern Caucasus. Some activities focused directly on measures
to clarify the fate of persons unaccounted for, such as technical
support in the handling of human remains and the collection of ante-mortem
data. Others involved the provision of support to the families of
missing persons to help them cope with the situation, either directly,
by enabling them to travel to exhumation sites to identify their
relatives, or indirectly, by providing technical and financial assistance
to family associations and advocating recognition of their legal
and administrative rights.
Women
26. The ICRC made substantive progress
in addressing the specific needs of women and girls and protection
of their rights, with particular focus on sexual violence. For example,
it supports health centres and provides counselling to victims of
sexual violence.
b. Assistance
27. The ICRC runs assistance activities
aimed at preserving or restoring acceptable living conditions for people
affected by armed conflicts or other situations of violence. Vital
measures include convincing the authorities to end specific patterns
of abuse and alleviating suffering by providing material or medical assistance.
28. Assistance activities consist of ensuring economic security,
access to food, water and other vital necessities and to restoring
satisfactory hygiene conditions. They also include health-related
activities by providing people affected by conflict with appropriate
preventive and curative health care.
29. A lot of attention is paid by the ICRC to physical rehabilitation
projects designed to provide physically disabled people with prosthetic/orthotic
appliances.
c. Prevention
30. Preventive activities receive
more and more attention inside the organisation. They seek to ensure
that the ICRC’s mandate and activities are accurately projected
to a range of audiences throughout the world and to promote more
widespread respect for international humanitarian law. Particular
emphasis is placed on ensuring that key messages of humanitarian
concern are communicated to those who can help or hinder ICRC action,
or influence the fate of victims of armed conflicts and other situations
of violence. The aim is to strengthen the ICRC’s ability to gain
access to and help those most in need. The ICRC engages in both
public communication, in order to mobilise key stakeholders to act
on pressing humanitarian issues, and operational communication in
order to gain acceptance for its work and access to victims. It
also carries out a range of preventive actions which aim to ensure
that international humanitarian law is integrated into armed forces doctrine,
education and training and into the curricula of schools and universities.
31. In addition, a range of activities are aimed at the promotion
of international humanitarian law and the promotion of measures
to restrict or prohibit the use of weapons that have indiscriminate
effects or cause superfluous injury or unnecessary suffering.
32. The ICRC places strong emphasis on its work to promote the
universal ratification of humanitarian treaties and their adoption
at national level.
33. One of the key components of preventive activities is the
communication strategy of the ICRC. It tries to enhance awareness
and understanding of IHL by the general public. One of the best
examples of this strategy is its youth education programme “Exploring
humanitarian law”. It also supports academic institutions in promoting
IHL and international exchange of IHL experiences.
34. As stated above, the ICRC has also made substantive progress
in addressing the specific needs of women and girls and protection
of their rights, with particular focus on sexual violence.
Mine action and cluster munitions
35. The ICRC actively implements
preventive mine action activities in countries affected by anti-personnel mines.
In Europe, 11 countries could be considered as affected, among them
several Balkan countries which suffer from important anti-personnel
mine contamination.
36. Mine action activities are planned and implemented in close
co-operation with national societies and national authorities. Great
progress has been achieved by the ICRC in preventive mine actions
in Europe due to mine risk education and mine clearance activities.
Some countries have put in place national mine action plans. It
is very important to continue to ensure the necessary human and
financial resources for these actions.
37. The ICRC attaches special importance to the issue of the tragic
impact on civilian populations of cluster munitions. Cluster munitions
are large weapons that open in mid-air and scatter widely in smaller
submunitions, which usually number in the dozens or hundreds. Such
weapons were used in Laos, Afghanistan, Iraq, Chechnya, Kosovo,
Lebanon and in the Ethiopia-Eritrea conflicts. But unlike landmines,
which were in the hands of all armed forces, relatively few states
currently possess cluster munitions.
38. The ICRC therefore came up with an initiative for a new international
treaty to prohibit this kind of weapon. Such a treaty should prohibit
the use, development, production, stockpiling and transfer of inaccurate and
unreliable cluster munitions. It should require the elimination
of current stocks of these cluster munitions and should provide
assistance for victims and minimise the impact on the civilian population.
39. Before adoption of this treaty, the ICRC has called on all
states to immediately end the use of such weapons and to refrain
from transferring them to others. Austria, Belgium, Hungary and
Norway have already supported this initiative.
ii. Activities concerning issues of internally displaced persons (IDPs), refugees and migration
a. IDPs
40. IDPs are of primary concern
to the ICRC. Internal displacement is mainly due to armed conflicts
and other situations of violence. Consequently, as part of the civilian
population affected by such events, IDPs are entitled to the ICRC’s
support. Due to the severity of their needs and their often greater
vulnerability, IDPs may in many contexts be the object of more attention
from the ICRC. This has led the organisation to increasingly intervene
in order to prevent displacement, addressing its causes, supporting
and protecting the IDPs and ensuring their safe and sustainable
return.
41. In 2001 the Council of Delegates of the International Red
Cross and Red Crescent Movement adopted a resolution on “Movement
action in favour of refugees and internally displaced persons”.
Since the adoption of the resolution, the ICRC has been actively
involved in protection and assistance activities for IDPs and to some
extend for refugees.
42. In January 2002, in co-operation with the secretariat of the
International Federation of Red Cross and Red Crescent Societies,
the ICRC started work on the Movement’s position as regards co-operation
with the Office of the United Nations High Commissioner for Refugees
(UNHCR) ensuring that activities for refugees and IDPs are carried
out in line with the fundamental principles and policies of the
Movement.
43. As regards protection activities, the ICRC persuades the parties
to the conflict, through confidential dialogue, to fulfil their
obligations not to displace civilian populations or commit other
violations of the law that would result in displacement. It also
intervenes as a neutral intermediary between parties to the conflict
in order to facilitate the conclusion of agreements aimed at resolving
humanitarian issues.
44. Through its assistance activities, the ICRC tries to preserve
and restore acceptable living conditions and enable IDPs to maintain
adequate living conditions by providing food, water, farming tools,
restoring family links and implementing mine-action programmes.
These activities are carried out in close co-operation with the national
Red Cross or Red Crescent societies.
45. In 2006, the ICRC distributed food to more than 2.6 million
IDPs, returnees and vulnerable residents and households, and hygiene
items to more than 4 million, while 3.4 million people benefited
from sustainable food production programme or micro-economic initiatives.
46. One of the remarkable examples of the work of the ICRC for
IDPs is its actions in Sudan among the affected population in the
Darfur region. In 2006, the ICRC distributed over 19 million tonnes
of food to a monthly average of 177 000 residents and IDPs in rural
areas and in the Gereida IDP camp.
b. Refugees
47. Concerning refugees, the ICRC
works primarily in co-operation with the UNHCR which has a specific mandate
for protection of this vulnerable group. Nonetheless, its own activities
in favour of refugees are considerable.
48. For instance, in Chadian refugee camps, the ICRC has set up
offices (managed by refugee volunteers) which try to reunify families
scattered in different locations across Darfur or along the Chadian
border using Red Cross messages. In 2006, it forwarded 8 800 Red
Cross messages. For 554 people (especially unaccompanied children)
it became possible to communicate with their families and 30 families
have been reunited thanks to the ICRC’s efforts. The ICRC is helping
50 000 IDPs with access to water, shelter and non-food items, and
with programmes supporting self-sufficiency and health care facilities.
c. Migration
49. Migration was one of the key
themes of the recent 30th International Conference of the Red Cross
and Red Crescent, meeting in Geneva from 26 to 30 November 2007.
The outcome document, the declaration “Together for Humanity”, adopted
by the components of the Movement and the states parties to the
Geneva Conventions, recognised the particular vulnerability and
needs of migrants, irrespective of their legal status. While acknowledging
that the prime responsibility of addressing migrants’ humanitarian
needs lies with the state, the role of the Movement based on its
considerable experience was underlined.
50. The ICRC has a specific role to play in the protection of
migrants. As a co-ordinator and technical adviser in the field of
restoring family links, the ICRC provides technical services to
national societies on matters including disappearance of migrants
and the management of human remains. In addition, it has given technical support
to national societies involved in providing services to detained
migrants. On the basis of this work, the ICRC Protection Division
is currently drafting guidelines for national society visits to
detained migrants.
51. As part of its commitments in the field of migration, the
ICRC actively participates as an observer in the platform for European
Red Cross/Red Crescent co-operation on refugees, asylum seekers
and migrants.
4. New challenges reflected in the ICRC activities: 2007-2010 institutional strategy
52. If the nature, the number and
the intensity of armed conflicts may vary depending on the time
and the regions considered, they still affect millions of persons
worldwide. In the past years, the ICRC had to face and respond to
increasingly diverse crises and consequently adapt its operations
and institutional strategies to these new challenges.
53. In its institutional strategy for 2007-2010 the ICRC defined
four main global challenges as regards the crisis situations and
the position of the organisation on these problems.
i. Global war on terrorism
54. The ICRC strongly condemned
acts of violence which spread terror among the civilian population.
It has responded to a growing variety of crisis situations provoked
by indiscriminate attacks, such as the emergency after the 11 September
2001 attacks in the United States of America, followed by confrontations
in Afghanistan, Iraq and other regions in the Middle East, Africa
and Asia.
55. These events have raised new challenges for the institution.
The fight against terrorism has led to a reexamination of the balance
between state security and individual protections. Specific aspects
of the so-called “war on terrorism” amount to an armed conflict
as defined under international humanitarian law. However, much of
the ongoing violence taking place in other parts of the world that
is usually described as “terrorism” does not fall under IHL.
56. Under the Geneva Conventions, the ICRC must be granted access
to persons detained as a result of international armed conflicts
such as in Afghanistan. This access applies both to persons detained
in Afghanistan and at the United States naval base in Guantánamo
Bay.
ii. Great variety of situations of internal violence
57. Situations of internal violence
result in grave humanitarian consequences, in particular in “fragile
states”. In such contexts, poverty, increasing socio-economic disparities
and important “urbanisation” trends contribute to outbreaks of armed
violence and intensification of migration.
58. Present armed conflicts are very often provoked by pressure
to ensure immediate access to or control over economic resources.
The ICRC considers the development of a universal and professional
humanitarian response to needs arising from armed conflicts as its
major task. It can offer specific expertise and added-value which
are based on an effective early warning system and a capacity to
respond rapidly to needs and to adapt operations quickly on the
basis of previous experiences.
iii. Natural disasters and pandemics
59. The International Red Cross
and Red Crescent Movement is involved in humanitarian assistance
to the victims of natural disasters and pandemics which can provoke
instability and armed conflicts.
iv. Problems in implementing activities
60. The ICRC’s operational philosophy
of working in the closest possible proximity to those it seeks to protect
and assist requires the development and maintenance of a broad network
of staff in the different contexts in which it operates and is based
on the concept of highly decentralised security management. The way
the ICRC is perceived and the extent to which it is accepted by
all stakeholders is constantly monitored.
61. In 2007, the institution’s role of neutral intermediary was
reaffirmed in several contexts and it gained broad recognition of
its independent and impartial approach.
62. Non-respect of IHL by parties to a conflict continues to be
the main challenge for the ICRC in the implementation of its mandate
to protect and assist victims of armed conflict and to promote IHL.
63. Problems of access in the field is a main challenge for the
ICRC’s operational activities. In many armed conflicts the fragmentation
of non-state armed groups creates great problems for humanitarian
workers in their access to victims of conflicts.
64. Security has a major impact on the ICRC’s actions in the field
and its capacity to respond to the needs of people. Lack of proper
security guaranteed by the parties of the conflict can significantly
reduce access to the victims of conflicts and therefore can limit
the efficiency of the ICRC’s activities.
5. Co-operation with national societies of the International Red Cross and Red Crescent Movement
65. The International Federation
of Red Cross and Red Crescent Societies and 186 Red Cross and Red Crescent
societies work very closely with the International Committee of
the Red Cross and together compose the International Red Cross and
Red Crescent Movement.
66. With the aim of ensuring a concerted, rational and rapid humanitarian
response to the needs of the victims of armed conflict or any other
situation of internal violence, the ICRC co-operates with national
societies in four main areas: in operational activities during armed
conflicts; in co-ordinating the Movement’s components in situations
of conflict or internal violence; in capacity building of national
societies, by passing on the ICRC’s expertise in the fields of promoting
international humanitarian law and the Movement’s fundamental principles, emergency
aid and health care for those affected by conflict and in restoring
family links and in developing and promoting the Movement’s policies.
i. 30th International Conference of the Red Cross and Red Crescent: new priorities for the Movement
67. The 30th International Conference
of the Red Cross and Red Crescent, which took place in Geneva from 26
to 30 November 2007 and gathered together some 1 500 representatives
of the International Red Cross and Red Crescent Movement and states
parties to the Geneva Conventions, focused on the humanitarian consequences
of four great challenges facing the world today:
- environmental degradation and climate change;
- humanitarian concerns generated by international migration;
- violence, in particular in urban settings;
- emergent and recurrent diseases and other public health challenges.
68. The Movement has a long record as a provider of first response
to humanitarian emergencies, be they the result of natural disasters
or of conflict. But it also prioritises the preparedness for disaster
by seeking to improve individual and collective capacity to respond
to humanitarian challenges induced by environmental degradation
and climate change. As national societies are always first hand
witnesses to the effects of environmental degradation they have
a crucial role to play in raising awareness of the humanitarian
dimension of the issue and the need for national and international
policies to address the humanitarian consequences of climate change.
69. As regards humanitarian concerns generated by international
migration, the conference stressed the important role of national
societies in providing humanitarian assistance to vulnerable migrants,
irrespective of their legal status.
70. In countries of origin, transit and destination, efforts have
been recently initiated aimed at addressing the plight of people
made vulnerable by migration, and human trafficking and exploitation
in particular, whatever their legal status. The commitment includes
not only material help, but also advocacy to combat discrimination against
migrants and promote respect for human dignity.
71. Organised under the theme “Together for Humanity”, the five-day
meeting also adopted several resolutions including on the specific
nature of the relationship between national societies and their governments
and on reaffirmation and implementation of IHL.
72. The conference also adopted a resolution concerning “Guidelines
for the domestic facilitation and regulation of international disaster
relief and initial recovery assistance”. The guidelines allow the
governments to solve legal problems before disaster strikes, instead
of addressing them in the chaos following a crisis to ensure aid
reaches victims more quickly and effectively.
ii. Dialogue with national societies
73. Within their own countries,
national societies are autonomous organisations working with professional staff
and trained volunteers. They carry out their humanitarian activities
according to local needs, in line with their own statutes and subject
to national law.
74. In situations of armed conflict, the ICRC, in close cooperation
with the host national society, co-ordinates the response by the
Red Cross and Red Crescent national societies and their international
federation.
75. The ICRC contributes to building and maintaining the capacity
of the national Red Cross/Red Crescent societies to promote international
humanitarian law and the Fundamental Principles of the International
Red Cross and Red Crescent Movement.
76. The ICRC’s Central Tracing Agency, based in Geneva, also consolidates
the national Red Cross/Red Crescent societies’ capacity to restore
family links as part of the worldwide Red Cross and Red Crescent tracing
network. Furthermore, the ICRC assists the national Red Cross/Red
Crescent societies in coping with other humanitarian activities,
such as problems posed by the ever present risk of mines and explosive remnants
of war.
6. The ICRC’s strategy for Europe
i. Relationship with the European Union (EU)
77. Since 1999, the ICRC has had
a presence in Brussels in charge of the institution’s relationship
with the European Union’s institutions and NATO.
ii. European Union guidelines on promoting compliance with international humanitarian law
78. During the 29th international
conference, the member states of the European Union committed themselves
to promoting international co-operation among all political, military
and humanitarian actors with the objective of ensuring respect for
international humanitarian law. As a follow-up to this commitment
in 2005, the “Guidelines on promoting compliance with international
humanitarian law (IHL)” were adopted by the General Affairs and
External Relations Council of the EU.
79. The main purpose of this document is to set out the operational
means of action for the European Union to promote compliance with
international law. Such
actions include: monitoring by the EU bodies of situations within
their areas of responsibility where IHL may be applicable and recommending
actions to promote compliance with IHL; an assessment of the IHL
situation in the reports by EU Heads of Mission, Commanders of EU
Military Operations and EU Special Representatives about the given
state or conflict; analysis of the applicability of IHL in background
papers for the EU, where appropriate; the issue of compliance with
IHL in dialogues with third states; emphasising the need to ensure
compliance with IHL in general public statements; making démarches
and issuing public statements when violation of IHL is reported;
using sanctions against states and non-states involved in conflicts
which violate IHL; co-operation with the United Nations and relevant regional
organisations for the promotion of compliance with IHL; including
the importance of preventing and suppressing violations of IHL by
the third parties in the mandates of EU crisismanagement operations; encouragement
of third states to enact national penal legislation to punish violations
of IHL; and providing training and education in IHL in EU countries
and in third countries.
Such
actions include: monitoring by the EU bodies of situations within
their areas of responsibility where IHL may be applicable and recommending
actions to promote compliance with IHL; an assessment of the IHL
situation in the reports by EU Heads of Mission, Commanders of EU
Military Operations and EU Special Representatives about the given
state or conflict; analysis of the applicability of IHL in background
papers for the EU, where appropriate; the issue of compliance with
IHL in dialogues with third states; emphasising the need to ensure
compliance with IHL in general public statements; making démarches
and issuing public statements when violation of IHL is reported;
using sanctions against states and non-states involved in conflicts
which violate IHL; co-operation with the United Nations and relevant regional
organisations for the promotion of compliance with IHL; including
the importance of preventing and suppressing violations of IHL by
the third parties in the mandates of EU crisismanagement operations; encouragement
of third states to enact national penal legislation to punish violations
of IHL; and providing training and education in IHL in EU countries
and in third countries. 80. The European Union guidelines build on a wide range of prior
commitments made by the EU and its member states in support of IHL.
iii. Operations in Europe
81. In the European region the
ICRC remains actively involved in the quest to determine the fate
of missing persons and deals with issues relating to people detained
or gone missing in connection with previous conflicts. Another important
task is to help to strengthen the national societies in the region
and to promote greater knowledge of IHL among different actors.
It continues to work with governments towards the ratification of
IHL instruments and incorporation of their provisions into domestic
legislation.
82. The Budapest regional delegation which covers 11 countries
of central Europe concentrates its activities on the national implementation
of IHL.
83. Through its delegation in Brussels, the ICRC implements its
humanitarian diplomacy in relation to the European Union and NATO.
iv. Eastern Europe
a. Russia (Chechnya, Dagestan and Ingushetia)
84. As it stands, the ICRC in the
Russian Federation is its seventh largest action worldwide in budgetary terms,
after Sudan, Israel and the Occupied and Autonomous Territories,
Iraq, Afghanistan, the Democratic Republic of the Congo (DRC) and
Colombia.
85. The ICRC’s regional delegation in Moscow covers the activities
to assist and protect people affected by the conflict in Chechnya.
86. The ICRC maintains permanent offices in seven locations in
the Northern Caucasus, including Grozny, Khasavyurt, Nalchik and
Nazran, in addition to its regional delegation in Moscow.
87. An extended expatriate presence, especially in Chechnya, including
in the southern part of the republic, has put the ICRC in a better
position to monitor the situation of the civilian population. As
the local authorities in Chechnya have begun to devote more attention
to the problem of missing persons, the ICRC has developed contacts
with official structures and organisations addressing the issue.
88. Families continue to approach the ICRC to report alleged arrests
and disappearances in Chechnya, Dagestan and Ingushetia. The ICRC
urges the authorities to investigate these reports and to inform
the relatives accordingly. Contacts have been forged with the newly
established Chechen parliamentary commission on missing persons
and with organisations involved in addressing the issue of missing
persons. Relatives separated by conflict continue to use the ICRC’s
Red Cross messages network to keep in touch, and refugees and asylum
seekers are provided, on request, with documents to facilitate their
resettlement in host countries.
89. The organisation is developing a steady dialogue on the issue
of missing persons with the authorities in the Russian Federation
at all levels, and has made strong representations to national authorities
and international organisations dealing with the issue in other
contexts across the region.
90. The ICRC is also pursuing its dialogue and cooperation with
the Commonwealth of Independent States (CIS) Interparliamentary
Assembly on the drafting of a model law on the protection of the
rights of missing persons and their families. A draft of the law
was adopted at its first reading by the Assembly’s Standing Commission
on Social Policy and Human Rights.
91. Regular contact is maintained with the authorities and other
humanitarian actors in order to ensure that the increasing numbers
of Chechen IDPs returning to Chechnya do so on a voluntary basis
and that conditions in places of return are adequate. In Dagestan
and Ingushetia, over 22 000 IDPs continue to receive essential household
items to cover their basic needs, including oil and sugar for food
preservation. The number of beneficiaries in both Dagestan and Ingushetia
has decreased over the years.
92. Rehabilitation of IDP centres has been carried out in co-operation
with the Ingush branch of the Russian Red Cross.
93. Through micro-economic projects, households in Chechnya, Dagestan
and Ingushetia receive in-kind grants from the ICRC enabling them
to generate regular additional income and thus reduce their dependence on
outside assistance. In all three republics, the number of planned
projects has been revised downwards in order to ensure higher quality
of those implemented. In all, 2 234 people (379 households) in Chechnya,
293 IDPs (67 households) in Dagestan and 1 144 IDPs (189 households)
in Ingushetia have benefited from such projects.
94. The ICRC was unable to resume its visits to detainees in the
Russian Federation in 2006. After suspending the programme in September
2004, it entered into negotiations with the Russian authorities
in November 2004. Although the Russian authorities accepted the
principle of ICRC visits to people arrested in relation to the conflict
in Chechnya, no agreement was reached with respect to the ICRC’s
standard procedures. Nevertheless, between October and December
2007, the ICRC sponsored 110 family visits to detainees in the Russian
Federation.
95. The Russian Red Cross, with the support of the ICRC and the
international federation, provides emergency assistance, psycho-social
counselling, legal advice and medical services to IDPs from Chechnya accommodated
in regions outside the Northern Caucasus.
b. Ukraine (regional office for Belarus, Moldova, Ukraine)
96. The ICRC continues co-operation
with the region’s national societies focusing on restoring family
links and disseminating information on IHL.
97. The tracing programme for detained migrants initiated in 2004
with the Ukrainian Red Cross Society has been extended from western
Ukraine to three new provinces.
98. The ICRC maintains regular contacts with other agencies involved
in issues pertaining to detained migrants. A joint evaluation has
been made of the psychological needs of children affected by explosions
in old Soviet ammunition depots in the south and plans have been
made to set up a rapid response trauma unit in 2007.
99. In addition, 21 first-aid points run by the Crimean branch
of the Ukrainian Red Cross Society, benefiting over 27 000 vulnerable
Tatar returnees and isolated elderly people, have received medical
supplies and emergency kits from the ICRC.
100. The second of four regional Restoring Family Links (RFL) conferences
took place in Kyiv, Ukraine from 15 to 17 November 2006. Dr Ivan
Usichenko, President of the Ukrainian Red Cross Society at this
conference lamented the continued disruption of contacts between
family members and the losses of the next of kin during wars and
other emergencies. As a result, the Ukrainian Red Cross has chosen
to intensify its network with other national societies such as the
German Red Cross and the ICRC Central Tracing Agency.
v. Southern Caucasus (Armenia, Azerbaijan, Georgia)
a. Armenia
101. In 2006, ICRC President Jakob
Kellenberger visited the Southern Caucasus and met the highest authorities
in Armenia, Azerbaijan and Georgia. In Armenia, the main focus of
the talks was on the fate of persons missing as a result of the
Nagorno-Karabakh conflict. The impact of ongoing tensions between Armenia
and Azerbaijan on the population living along the international
border continues to elicit the ICRC’s attention. Regular field missions
enhance the organisation’s already well-developed presence established through
programmes conducted in partnership with the Armenian Red Cross
Society. The ICRC continues to monitor the conditions of detention
and treatment of people deprived of their liberty, in particular
certain categories of detainees more vulnerable than others. It
maintains its support to the Ministry of Justice in strengthening
its medical services in prisons, especially the tuberculosis (TB)
control programme, in relation to which the ICRC concentrates on
building the capacity of the authorities in preparation for phasing
out its involvement in 2008.
102. The ICRC continues to support the Armenian Red Cross Society
in strengthening its capacity, particularly in IHL dissemination
and tracing activities. It has also laid the groundwork for an operational partnership
in the collection of ante-mortem data from the families of persons
missing in connection with the Nagorno-Karabakh conflict.
103. The consolidation of the ICRC’s list of persons missing in
relation to the Nagorno-Karabakh conflict with that of the authorities
continues through direct contacts with families. By the end of 2007,
the ICRC’s list of missing persons from Armenia, Azerbaijan and
NagornoKarabakh totalled 4 176 names.
104. The Ministry of Justice, together with the ICRC, organised
a first-of-its-kind workshop aimed at fostering dialogue between
various ministries and nongovernmental organisations (NGOs) on issues
related to health care and social and psychological support in places
of detention. The ICRC continues to monitor the treatment of detainees,
the preservation of contacts with their families and respect for
basic judicial guarantees. Cooperation has been strengthened with
international organisations such as the Organization for Security
and Co-operation in Europe (OSCE) and the Council of Europe, as
well as with civil society groups active in this domain and organisations
providing legal counselling.
b. Azerbaijan
105. The Azerbaijani and Armenian
State Commissions on Missing Persons pursue dialogue with the ICRC on
the implementation of proposals outlined by the ICRC in its January
2005 memorandum.
106. Co-operation with the Red Crescent Society of Azerbaijan has
been strengthened through operational partnerships in the “Safe
play areas” programme and the preparation of ante-mortem data collection
from the families of persons missing in connection with the NagornoKarabakh
conflict.
107. The ICRC has reopened an office in Barda and has carried out
regular field missions close to the front line in order to better
understand the situation faced by populations affected by conflict.
In general, communities welcome the ICRC’s return, especially in
respect of its efforts on behalf of the families of missing persons
and the tangible support provided through the “Safe play areas”
programme.
108. The number of refugees/asylum seekers in Azerbaijan requesting
travel documents to resettle in third countries has fallen sharply
in 2006, with only 18 people requiring this service. Indeed, many
Afghan refugees, who made up around half of the beneficiaries in
2004 and 2005, have now left Azerbaijan. Additionally, stricter rules
are being applied in countries of resettlement, especially regarding
Chechen asylum seekers.
c. Georgia
109. The ICRC continues to provide
assistance and protection to the population in the conflict zones
of Abkhazia and South Ossetia through a permanent presence in Sukhumi,
Gali, Zugdidi and Tskhinvali. In light of its observations of the
effects of the conflict on the civilian population, the organisation
reminds the authorities of their obligations under IHL. With the
improved security in 2006, the ICRC has been able to reach all the
communities in Gali for the first time in over five years and extend
its presence in South Ossetia.
110. More than twelve years on, some 2 000 people remain unaccounted
for in relation to the conflict in Abkhazia and about 120 in relation
to the conflict in South Ossetia. The ICRC submitted a position
paper to the Georgian and de facto Abkhaz presidents highlighting
six priority areas to be worked on to resolve cases of missing persons.
The authorities from both sides have expressed a renewed interest
in finding solutions. Scant progress in ascertaining the fate of
the missing has, however, been offset by the reappointment of a Commission
on Missing Persons in Georgia, the drafting of new statutes for
the commission in Abkhazia and working sessions with both commissions.
The ICRC has facilitated two missions to Georgia, including one
to Abkhazia, of the special rapporteur of the Parliamentary Assembly
of the Council of Europe on missing persons in Armenia, Azerbaijan
and Georgia.
111. In 2007, the ICRC pursued its visits to detainees in Georgia,
including to Abkhazia and South Ossetia, individually monitoring
people arrested for security reasons. Most arrests were linked to
the tensions between Georgia and the Russian Federation, as well
as to the elections that took place in South Ossetia and Georgia. In
14 places of detention, 15 983 detainees were screened for active
tuberculosis. The ICRC implemented renovation projects in various
detention facilities, in order to improve the delivery of health
care and detention conditions.
vi. Balkans
112. Throughout the territory of
the former Yugoslavia there remain close to 19 000 missing persons,
most of them in Bosnia and Herzegovina, whose fate remains unknown
to their families. In Serbia, 1 440 persons are still unaccounted
for, following the conflicts in Bosnia and Herzegovina, Croatia
and Kosovo. The ICRC continues to address the authorities throughout
the region, urging them to fulfil their responsibilities in providing answers
to families and speeding up the search for the mortal remains of
their loved ones.
113. In Bosnia and Herzegovina, the ICRC continues to try and help
determine the fate of nearly 15 000 people still registered missing
from the war and to provide moral and practical support for their
families. Working independently, but in close co-ordination with
the authorities and international organisations, the ICRC’s aim
is for the families of the missing to receive the answers to which
they are entitled under international humanitarian law.
114. The ICRC also works closely with the national Red Cross society,
supporting its efforts to strengthen its structures and activities.
One of the main operational programmes supported by the ICRC helps
high-risk communities to take measures to prevent casualties caused
by mines and other unexploded devices.
115. In 2006, the ICRC provided the authorities of Bosnia and Herzegovina
with technical and legal assistance in drafting the bylaws required
to implement the Law on Missing Persons and with training in running the
Missing Persons Institute.
116. In Croatia, the ICRC continues its activities in examining
the fate of missing persons in connection with the conflicts in
Croatia between 1991 and 1995. In 2006, a total of 154 ante-mortem
data forms that had been collected in Bosnia and Herzegovina, Montenegro
and Serbia by national societies in other countries were transmitted
by the ICRC to the Croatian Department for Detained and Missing
Persons. Coming mostly from Montenegro or Serbia, families attended
two identification sessions organised in Zagreb with the ICRC’s support
concerning people who went missing or were killed in Croatia between
1991 and 1995. As a result, 36 bodies were identified. Five families
that could not identify their missing relatives by traditional methods requested
DNA analyses. Seven families received assistance to bury their relatives
in their native villages in Croatia. Taking into account the current
situation and the capabilities of the Croatian Red Cross, the ICRC transferred
responsibility for files on missing persons to the national society,
effective as of 2007.
117. The ICRC mission in “the former Yugoslav Republic of Macedonia”
continues to visit people detained in relation to the conflict and
for security reasons. The ICRC supports the Macedonian Red Cross
in its work to trace missing persons, promote knowledge of international
humanitarian law and raise awareness among the civilian population
of the danger of mines and other explosive remnants of war.
118. The ICRC closed its office in Tirana in 2004 but, through
its mission in Skopje, it continues to support the Albanian Red
Cross in various activities; these include efforts to raise awareness
among the civilian population of the danger of mines and other explosive
remnants of war.
119. In Serbia, following a year-long stalemate, the ICRC, acting
as a neutral intermediary, chaired the second meeting of the working
group on missing persons between Kosovo and Serbian authorities
in March 2005. Nearly 3 000 persons remain unaccounted for following
the events in Kosovo between January 1998 and December 2000.
120. To draw attention to the problems of the families of the missing,
the ICRC in Belgrade has published a legal study suggesting changes
in local legislation and legal practice. It also advises authorities
on how better to inform the families of their rights under the law.
The ICRC has also been publishing regular updates of The Book of the Missing used by
concerned organisations and authorities.
121. In late 2004, the ICRC organised workshops in Serbia and Montenegro
to help about 250 families with relatives missing due to the conflicts
in the region. In addition to receiving moral and psychological
support, the families learned how to deal with the social, administrative
and legal problems they face. The management of these workshops
has now been handed over to associations regrouping the families.
The ICRC continues to chair the working group on missing persons
in Kosovo and the sub-working group on forensic issues and to promote
the legal and administrative rights of families of missing persons
in Serbia and in Montenegro.
122. In 2006, the ICRC organised the 2006 Jean Pictet moot court
competition and a national IHL moot court competition in Serbia
and welcomed the decision taken by Serbia to integrate the “Exploring
humanitarian law” programme into the school curricula.
123. In February 2006, the state commissions on missing persons
of Serbia and Montenegro and Croatia met for the first time in two
years, exchanging lists of missing persons and agreeing on a schedule
for exhumation work.
124. In Kosovo, the ICRC funds the work of psychosocial support
groups for families with missing relatives. In 2004, the ICRC sponsored
10 small-scale support group projects, benefiting about 150 families.
125. At the end of 2004, five years after the conflict in Kosovo,
the ICRC phased out direct assistance programmes to IDPs in Serbia.
126. In Kosovo, throughout 2004, the ICRC repeatedly drew the attention
of local and international authorities concerned to problems faced
by minority communities in terms of their security, access to health
care and living conditions in displacement. Some 2 500 IDPs, who
left their homes following riots in March 2004, were assisted with
food and/or essential household items during the year.
127. In December 2004, the ICRC ended its involvement in a three-year
pilot project, undertaken with the Health Ministry, to meet the
primary health care needs of Kraljevo municipality, which has the
country’s highest concentration of IDPs, refugees and social hardship
cases. The project aimed to develop a sustainable primary health
care system with an emphasis on the needs of IDPs and vulnerable
groups.
128. In 2006, actual or perceived insecurity remained a major concern
of minority communities in Kosovo, whether residents, IDPs or returnees.
Access to basic public services was difficult because of limited
freedom of movement. Some 1 074 people (199 families) among the
most vulnerable members of resident minority communities, IDPs and
returnees received food and non-food items.
129. The ICRC conducted an assessment of the Kosovo Bosnian minority
community in western Kosovo to identify their main concerns and
find appropriate ways to address them.
130. In co-ordination with the Movement, international organisations
and NGOs, the ICRC addresses the immediate basic needs of the most
vulnerable social cases among minority communities.
131. The ICRC representatives visit forced returnees from western
countries to assess their basic needs and main concerns, with specific
cases referred to the relevant authorities.
7. Relations between the ICRC and the Council of Europe
i. Co-operation with the Assembly
132. The ICRC actively participates
in the work of the Parliamentary Assembly of the Council of Europe,
in particular through close co-operation with the Committee on Migration,
Refugees and Population.
133. The ICRC representatives regularly attend the committee’s
meetings as observers and keep its members up to date on the ICRC’s
activities. At the same time the committee has the benefit of the
ICRC’s experience and information both in preparing reports and
at hearings and conferences.
134. In July 2004, the Parliamentary Assembly adopted Resolution 1414 (2004) and Recommendation
1685 (2004) on persons unaccounted for as a result of armed conflicts
or internal violence in the Balkans, which was the result of a very
effective co-operation with the ICRC in researching the situation
of missing persons in the Balkans.
135. The president of the ICRC was invited to have an exchange
of views with the Committee on Migration, Refugees and Population
on the occasion of the Parliamentary Assembly Seminar on the Establishment
of the Centre for European Nations’ Remembrance under the auspices
of the Council of Europe (Geneva, November 2004).
136. The Assembly also adopted Resolution 1553 (2007) and Recommendation
1797 (2007) on missing persons in Armenia, Azerbaijan and Georgia
from the conflicts over the Nagorno-Karabakh, Abkhazia and South
Ossetia regions, in which it recognised the key role played by the
ICRC in working with the parties to the conflict in the region,
assisting them in solving the issue of missing persons.
137. In its latest Resolution
1570 (2007) on the humanitarian crisis in Darfur, the Assembly reiterated
its support for the ICRC in its efforts to save the lives of thousands
of people in the Darfur region.
ii. Co-operation with other Council of Europe bodies
138. The representatives of the
ICRC participate in the high-level tripartite meetings between the
Council of Europe, United Nations Office in Geneva and the OSCE,
in order to exchange information and to promote co-ordination of
activities of common concern.
139. In October 2003, the Committee of Ministers of the Council
of Europe granted the ICRC observer status to the Committee of Experts
on Terrorism (CODEXTER) and to the Committee of Legal Advisers on
Public International Law (CAHDI).
140. On the occasion of the 28th meeting of the CAHDI (13-14 September
2004) the President of the ICRC, Mr Kellenberger, was invited as
a special guest.
141. The ICRC also participated in the Council of Europe’s Steering
Group on Prison Reform in Georgia in September 2004.
142. Lastly, it is worth noting that an institutional working relationship
has been established with other Council of Europe organs, including
the Office of the Commissioner for Human Rights, the Committee of
Ministers and the European Court of Human Rights.
8. Evolution of the ICRC budget
143. The ICRC is funded by contributions
from the states parties to the Geneva Conventions (governments); national
Red Cross and Red Crescent societies; supranational organisations
(such as the European Commission); and public and private sources.
All funding is voluntary.
144. The ICRC does not wait to receive funds before it responds
to urgent needs in the field and counts on the goodwill of its contributors
to provide the funds as quickly as possible. The six main donors
of the organisation are the United States of America, the United
Kingdom, the European Commission, Switzerland, the Netherlands and
Sweden.
145. At the end of each year the ICRC launches two budget appeals,
for headquarters and the field, to cover the coming year.
146. The year 2003 was a significant one for the ICRC in operational
terms. The organisation started out with an overall field budget
of CHF 959.8 million and in the course of the year it received an
additional CHF 149.9 million.
147. Last year, in 2007, the organisation’s overall field budget
was CHF 843.3 million and in the course of the year it issued nine
individual budget appeals amounting to an additional CHF 122.4 million.
148. In 2008, the ICRC budget has a record figure of CHF 932.6
million for field operations and CHF 161.5 million for support provided
by the organisation’s headquarters in Geneva. The top six donors
of the organisation have not changed. The European Commission has,
however, become the second most important donor after the United
States of America. The contribution of the European Commission has
significantly increased since 2002, when it contributed CHF 40.46
million compared to CHF 104.10 million in 2007.
149. Iraq will be the ICRC’s largest humanitarian operation in
2008 at an extended cost of more than CHF 107 million to respond
to the medical needs of people in the country and to aid a large
number of displaced Iraqis. Other major expenditures will be for
operations in Sudan, Afghanistan, Israel and the Occupied and Autonomous
Territories, DRC and Colombia.
150. The overall budget of activities in Europe and the American
region has decreased by 6% in comparison to the 2007 initial budget.
This includes a significant reduction of 33% for the regional delegation
in Moscow, a 32% reduction for the activities in Georgia and a 12%
reduction for expenditure in the western Balkans. The decrease in
the budget for the European region can be explained by the stabilisation
of the situations in the region.
151. The increase in the overall field budget reflects a special
focus of the organisation on protection and assistance to internally
displaced persons.
9. The ICRC’s position on humanitarian co-ordination
152. The increased complexity of
humanitarian crises, the diversification of the actors in conflicts
and the major changes in the nature of conflicts demand more effective
co-ordination between humanitarian organisations.
153. The ICRC strives continuously to tie its activities to the
specific needs of the affected populations but cannot – and does
not claim to – meet all these needs. Humanitarian co-ordination
is thus a tool through which the ICRC systematically pools efforts
with other humanitarian organisations. The kind of co-ordination
in which the ICRC intends to take part must, on the one hand, aim
to meet all the needs of those affected by conflict by promoting
complementary roles among the various humanitarian organisations
(avoiding duplication or gaps) and, on the other hand, maximise
the impact of the ICRC’s response.
154. In recent humanitarian crises, the capacity of the “humanitarian
system” to respond to the needs of affected populations in an adequate
and timely manner has been put into question. At the same time, discussions
are taking place concerning UN reforms, including those relating
to aspects of the humanitarian system. In 2005, a new concept of
“clusters” was launched by the UN in order to improve the effectiveness
of UN humanitarian responses to the needs of people affected by
a crisis.
155. Supporting efforts to strengthen the UN humanitarian response,
the ICRC has stated its commitment to participate in this process
in a constructive manner. However, as cluster leads are accountable
to the UN system through the UN Emergency Relief Co-ordinator (ERC)
and the Humanitarian Co-ordinator (HC), the ICRC has made it clear
from the outset that it cannot be either a cluster lead or a cluster
member. In clarifying this role, the ICRC has participated at a
global level in the discussions and attended all the meetings relating to
this new approach.
156. The cluster approach has also been created in order to strengthen
the collaborative approach to IDP crises. Among the nine clusters,
three are led by the UNHCR (namely protection, camp co-ordination
and management and emergency shelter) and relate only to conflict-generated
IDPs. In view of the fact that, as civilians in situations of armed
conflict, IDPs have always been traditional beneficiaries of ICRC
activities and, moreover, that in such situations international
humanitarian law is an important source of protection, the ICRC has
carefully followed efforts to put together this new approach.
157. At the field level, the ICRC considers it a priority to establish
contact with the humanitarian co-ordinator – and even more so where
the humanitarian co-ordinator will be co-ordinating different sectors
via the cluster leads.
158. The ICRC is keen to work with other humanitarian organisations
both at the headquarters level and in the field. It takes part in
both institutional and operational humanitarian co-ordination with
the declared aim of improving directly or indirectly the fate of
persons affected by armed conflict and other situations of violence.
It also adapts to new forms of co-ordination developed within the
current UN humanitarian reform process. Where there is no formal
mechanism for humanitarian coordination, the ICRC endeavours to
work with other organisations and to forge links and exchange information
with them.
159. Through a reality-based and action-oriented humanitarian co-ordination,
the ICRC seeks to maximise the impact of its work while making sure
that all the needs of the affected populations are met. To complement the
full spectrum of humanitarian actors, the ICRC upholds its neutral
and independent approach and endeavours to be a benchmark for impartial,
relevant, timely and effective humanitarian action.
10. Conclusions and recommendations
160. The ICRC’s institutional objective
for 2007 to 2010 will be to adapt its operational framework and activities
in order to respond to the needs of the victims of armed conflicts
and other forms of armed violence in the most timely and effective
way possible. The strategic objectives, as outlined in a note from
the ICRC regarding the programme of the directorate for 2007-10,
are:
- strengthening the ICRC’s capacity to design and manage its multidisciplinary operations;
- enhancing accountability;
- increasing the effectiveness of ICRC operations.
161. The ICRC could further increase its focus on protection activities
by increasing its financing and including a protection dimension
in its assistance activities.
162. The member states of the Council of Europe should allow ICRC
personnel access to persons deprived of their liberty to allow them
to visit and monitor the well-being of detainees.
163. The solution of the problem of missing persons is a crucial
issue in the reconciliation process in post-conflict societies.
It is very important that all countries concerned implement the
recommendations for the development of domestic law contained in
Chapter V of the ICRC report entitled “The missing and their families”.
164. European states should sign and ratify as soon as possible
the International Convention for the Protection of All Persons from
Enforced Disappearance, adopted in December 2006 by the UN General Assembly.
165. Most European states have signed the Convention on the Prohibition
of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on Their Destruction. The Assembly should call on Armenia, Azerbaijan,
Finland, Georgia and the Russian Federation to join this important
convention and on all member states of the Council of Europe that
have not ratified this convention to do so as soon as possible.
166. The Council of Europe member states should be called upon
to commit themselves to the objective of adopting an international
treaty of humanitarian law on the prohibition of cluster munitions,
initiated by the ICRC.
167. The governments of the Council of Europe member states should
be encouraged to promote the independence of Red Cross/Red Crescent
national societies.
168. The ICRC should continue its active participation in the Inter-Agency
Standing Committee (IASC) and should co-ordinate its activities
with the clusters, humanitarian co-ordinators and with the Office
for the Coordination of Humanitarian Affairs (OCHA).
169. The Council of Europe member states should contribute generously
to the ICRC budget and should increase their donor contributions
to future additional appeals. Countries such as France, Germany
and Austria should be encouraged to join the list of the most generous
donors to the ICRC.
170. 170. The Council of Europe and its relevant services should
be actively involved in spreading knowledge about IHL and co-operating
with the ICRC on the “Exploring humanitarian law” project.
Appendix 1 – Principal legal instruments on international humanitarian law
(open)1907: Hague Convention IV Respecting the Laws and Customs of War on Land.
Annex to the 1907 Hague Convention: Regulations Respecting the Laws and Customs of War on Land.
1925: Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare.
1949: Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.
1949: Geneva Convention II for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.
1949: Geneva Convention III relative to the Treatment of Prisoners of War.
1949: Geneva Convention IV relative to the Protection of Civilian Persons in Time of War.
1977: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I).
1977: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).
1954: Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.
Regulations for the Execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict.
1954: First Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.
1999: Second Protocol to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.
1972: Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.
1980: UN Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects.
1980: Protocol I on Non-Detectable Fragments.
1980: Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices.
1996: Amended Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices.
1980: Protocol III on Prohibitions or Restrictions on the Use of Incendiary Weapons.
1995: Protocol IV on Blinding Laser Weapons. 2003: Protocol V on Explosive Remnants of War.
1993: Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction.
1997: Ottawa Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction.
1993: Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.
1994: Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994.
1998: Rome Statute of the International Criminal Court.
2000: Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.
Appendix 2 – ICRC appeals for 2008
(open)Emergency appeals 2008 – breakdown by programme
It is to be noted that the amount budgeted for assistance programmes accounts for more than half the overall budget.
|
Programme |
Total appealed for in 2008 in millionCHF |
% of overall 2008 budget |
Total appealed for in 2007 in million CHF (initial budget) |
% of overall 2007 budget |
|---|---|---|---|---|
|
Protection |
180.5 |
20 % |
174.8 |
22 % |
|
Assistance |
489.3 |
55 % |
416.5 |
52 % |
|
Prevention |
133.3 |
15 % |
131.2 |
16 % |
|
Co-operation |
84.7 |
10 % |
80.5 |
10 % |
|
General |
0.4 |
0 % |
0.2 |
0 % |
|
Sub-total initial appeals |
888.1 |
100 % |
803.1 |
100 % |
|
Contingency |
44.4 |
40.2 |
||
|
Total initial appeals |
932.6 |
843.3 |
Emergency appeals 2008 – top 10 operations (in million CHF)
|
Rank |
Top 10 in 2008 |
Initial 2008 budget |
|---|---|---|
|
1 |
Iraq |
107.3 |
|
2 |
Sudan |
106.4 |
|
3 |
Israel, the Occupied and Autonomous Territories |
68.2 |
|
4 |
Afghanistan |
60.3 |
|
5 |
Congo, Democratic Republic of the |
37.1 |
|
6 |
Colombia |
34.2 |
|
7 |
Somalia |
30.2 |
|
8 |
Chad |
27.9 |
|
9 |
Sri Lanka |
26.7 |
|
10 |
Uganda |
23.2 |
|
Total Top 10 |
521.5 |
|
|
Total appeals (contingency included) |
932.6 |
|
|
Top 10 as proportion of total |
56% |
|
|
Top 10 in 2007 |
Current 2008 budget |
|---|---|
|
Sudan |
105.4 |
|
Iraq |
91.3 |
|
Israel, the Occupied and Autonomous Territories |
71.0 |
|
Afghanistan |
48.2 |
|
Somalia |
46.3 |
|
Sri Lanka |
38.7 |
|
Congo, Democratic Republic of the |
33.5 |
|
Colombia |
28.5 |
|
Moscow (regional) |
28.0 |
|
Ethiopia |
27.5 |
|
Total Top 10 |
518.4 |
|
Total appeals (contingency included) |
960.0 |
|
Top 10 as proportion of total |
54% |
|
Top 10 in 2007 |
Initial 2007 budget |
|---|---|
|
Sudan |
73.1 |
|
Israel, the Occupied and Autonomous Territories |
71.0 |
|
Iraq |
56.3 |
|
Afghanistan |
48.2 |
|
Congo, Democratic Republic of the |
33.5 |
|
Colombia |
28.5 |
|
Moscow (regional) |
28.0 |
|
Somalia |
27.7 |
|
Ethiopia |
27.5 |
|
Sri Lanka |
26.1 |
|
Total Top 10 |
419.7 |
|
Total appeals (contingency included) |
843.3 |
|
Top 10 as proportion of total |
50% |
Appendix 3
(open)Reporting committee: Committee on Migration, Refugees and Population.
Reference to committee: Doc. 11169 and Reference No. 3327 of 16 April 2007.
Draft resolution and draft recommendation unanimously adopted by the committee on 15 April 2008.
Members of the committee: Mrs Corien W.A. Jonker (Chairperson), Mr Doug Henderson (1st Vice-Chairperson), Mr Pedro Agramunt (2nd Vice-Chairperson), Mr Alessandro Rossi (3rd Vice-Chairperson), Mrs Tina Acketoft, Mr Ioannis Banias, Ms Donka Banović, Mr Italo Bocchino, Mr Jean-Guy Branger, Mr Márton Braun, Mr André Bugnon, Lord Burlison (alternate: Mr Michael Hancock), Mr Mevlüt Çavuoğlu, Mr Sergej Chelemendik, Mr Christopher Chope, Mr Boriss Cilevičs, Mrs Minodora Cliveti, Mr Telmo Correia, Mr Ivica Dačić, Mr Joseph Debono Grech, Mr Taulant Dedja, Mr Nikolaos Dendias, Mr Mitko Dimitrov, Mr Karl Donabauer, Mr Tuur Elzinga, Mr Valeriy Fedorov, Mr Oleksandr Feldman, Mrs Doris Fiala, Mr Paul Giacobbi, Mrs Gunn Karin Gjul, Mrs Angelika Graf, Mr John Greenway, Mr Tony Gregory, Mr Andrzej Grzyb, Mr Michael Hagberg, Mrs Gultakin Hajiyeva, Mr Davit Harutyunyan, Mr Jürgen Herrmann, Mr Bernd Heynemann, Mr Jean Huss, Mr Ilie Ilacu, Mr Tadeusz Iwiński, Mr Mustafa Jemiliev, Mr Tomáš Jirsa, Mr Reijo Kallio, Mr Hakki Keskin, Mr Egidijus Klumbys, Mr Ruslan Kondratov (alternate: Mr Ivan Savvidi), Mr Dimitrij Kovačič, Mr Andros Kyprianou, Mr Geert Lambert, Mr Massimo Livi Bacci, Mr Younal Loutfi, Mr Andrija Mandić, Mr Jean-Pierre Masseret, Mr Slavko Matić, Mr Giorgio Mele, Mrs Ana Catarina Mendonça, Mr Gebhard Negele, Mr Hryhoriy Omelchenko, Mr Morten Østergaard, Mr Alexey Ostrovsky, Mr Grigore Petrenco, Mr Cezar Florin Preda, Mr Gabino Puche, Mr Milorad Pupovac (alternate: Mr Mario Zubović), Mrs Mailis Reps, Mrs Michaela Sburny, Mr André Schneider (alternate: Mr Denis Jacquat), Mr Samad Seyidov, Mr Steingrímur J. Sigfússon, Mrs Miet Smet, Mr Giacomo Stucchi, Mr Vilmos Szabó, Mrs Elene Tevdoradze, Mr Tuğrul Türke, Mrs Özlem Türköne, Mrs Rosario Velasco García, Mr Michał Wojtczak (alternate: Mr Tomasz Dudziński), Mr Andrej Zernovski, Mr Yury Zelenskiy, Mr Jiří Zlatuška.
NB: The names of the members present at the meeting are printed in bold.
See 26th Sitting, 26 June 2008 (adoption of the draft resolution, as amended, and draft recommendation); and Resolution 1623 and Recommendation 1842.