Jeffery H. Norwitz - Pirates, Terrorists, and Warlords: The History, Influence, and Future of Armed Groups Around the World

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Table of Contents

Appendix

United Nations Guidelines on Humanitarian Negotiations with Armed Groups

Gerard Mc Hugh Manuel Bessler

United Nations

January 2006

Reprinted by permission from Guidelines on Humanitarian Negotiations with Armed Groups , by Gerard Mc Hugh and Manuel Bessler. Published by United Nations Office for the Coordination of Humanitarian Affairs (OCHA), 2006. Copyright United Nations. Available online at http://www.unicef.org/emerg/files/guidelines_negotiations_armed_groups.pdf .

Produced by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in collaboration with members of the Inter-Agency Standing Committee (IASC).

Gerard Mc Hugh and Manuel Bessler

For more information, contact:
Manuel Bessler
Policy Development and Studies Branch (PDSB)
Office for the Coordination of Humanitarian Affairs (OCHA)
United Nations
New York, NY 10017, USA
Phone: +1 (212) 963-1249
Fax: +1 (917) 367-5274
Email: bessler@un.org
New York, 2006 2006 United Nations. All rights reserved.

1 Objectives and Application of these Guidelines

Partner to manual: Humanitarian Negotiations with Armed Groups	This set of guidelines is intended to provide concise advice and guidance to humanitarian practitioners on how to prepare for and conduct humanitarian negotiations with non-State armed groups. This booklet summarizes the essential guidance presented in the more comprehensive partner publication titled, Humanitarian Negotiations with Armed Groups: A Manual for Practitioners.
The six sections of this set of guidelines follow closely the sequence and content of the chapters in the partner manual. In addition to the guidance presented here, the manual provides comprehensive information on the important framing and contextual elements for undertaking humanitarian negotiations with armed groups. The manual also contains short case studies and examples of practical experiences of humanitarian negotiations with armed groups.
Throughout this set of Guidelines references are provided to the corresponding sections of the partner manual that provide more detailed information on a particular topic.1
Non-State armed groups: working definition (Negotiations manual Section 1.1)	Working Definition of Non-State Armed Groups
Groups that: have the potential to employ arms in the use of force to achieve political, ideological or economic objectives; are not within the formal military structures of States, State-alliances or intergovernmental organizations; and are not under the control of the State(s) in which they operate.
Objectives (Negotiations manual Section 1.3)	The primary objectives of humanitarian negotiations are to: (i) ensure the provision of humanitarian assistance and protection to vulnerable populations; (ii) preserve humanitarian space; and (iii) promote better respect for international law.
Negotiation does not confer legitimacy	Because of their exclusively humanitarian character, humani tarian negotiations do not in any way confer legitimacy or recognition upon armed groups.
Security considerations (Negotiations manual Section 1.5)	The guidance presented here and in the partner manual does not supplant or circumvent existing security policies and guidelines. Operational aspects of humanitarian negotiations with armed groups must be conducted in accordance with the relevant security procedures.
1. References to the corresponding sections of the partner publication, Humanitarian Negotiations with Armed Groups: A Manual for Practitioners, are provided to the left of the text in this booklet.

2 Humanitarian Negotiations: Motivations and Partners

Motivations for Entering into Humanitarian Negotiations
To facilitate and enhance humanitarianaction (Negotiations manual Section 2.2)	The overall objective of humanitarian negotiations is to secure the cooperation of an armed group in reaching an agreed outcome or understanding that will facilitate or enhance humanitarian action.
Process-related motivations for humanitarian negotiations with armed groups may include: (i) building trust and confi dence between the parties, and (ii) the process of negotiation can have a multiplier effect in terms of involving armed groups in a wider dialogue that may bring additional benefits.
Substantive Areas for Negotiation
Humanitarian access	To secure humanitarian access to reach populations in need;
Ground Rules	To seek agreement with an armed group on a basic opera tional framework -consisting of humanitarian principles, operating guidelines and commitments of both parties-to ensure the safe and efficient provision of humanitarian assis tance and protection (often referred to as Ground Rules agreements). For example, the Ground Rules agreement concluded between the Sudan Peoples Liberation Movement/ Army (SPLM) and Operation Lifeline Sudan (OLS).
Protection of civilians	To seek agreement on behaviour of belligerents that will improve the protection of civilians in areas under the control or influence of armed groups;
Humanitarian security	To safeguard humanitarian security;
Special protection areas/periods	To secure agreement on special protection areas or periods; For example, agreement to facilitate immunization campaigns or food distribution at specific times;
(Negotiations manual Section 2.2.1)	To secure the release of persons being held by armed groups against their will.
Knowing When to Adopt a More Cautious Approach to Negotiations
Impact on humanitarian conditions	When there is the likelihood that negotiations themselves could negatively impact humanitarian conditions, constrain the delivery of humanitarian assistance and protection or jeopardize the security of the beneficiaries.
Possible manipulation of humanitarian negotiations (Negotiations manual Section 2.2.2)	When armed groups attempt to use humanitarian negotia tions to enhance their perceived legitimacy and/or to promote their political agendas/objectives.
When armed groups are believed to be playing several humanitarian actors off against each other for their own gain.
When the negotiations put the lives of the armed group interlocutors at risk.
When the armed group attaches conditions for the imple mentation of an agreement that could adversely affect the civilian population.
Characteristics of Armed Groups
Key features	Table 1 (page 457) presents some of the key features of non-State armed groups, and what these features mean for humanitarian negotiations with these groups.
(Negotiations manual Section 2 .3)	Consideration of the following characteristics of armed groups can increase the efficiency of the negotiations as well as the desired outcomes: (a) motivations; (b) structure; (c) principles of action; (d) interests; (e) constituency; (f) needs; (g) ethno-cultural dimensions; (h) control of population and territory. (See Annex I )
Humanitarian Partners in Negotiations
Identify one or more lead negotiators (Negotiations manual Section 2.5)	The humanitarian actors in a specific context/region should identify one or more lead negotiators, who should act as the primary representative(s) of humanitarian agencies (country team, humanitarian community in a specific context/region) .

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