1 Introduction and Objectives

1.3 Background and Objectives

The increased need for humanitarian agencies to negotiate with armed groups has been reflected in successive reports of the UN Secretary-General on the protection of civilians in armed conflict since 1999. These reports have highlighted the importance of negotiations with parties to a conflict to ensure access to, and protection of, vulnerable groups.⁸ For UN humanitarian agencies, the UN General Assembly has also recognized the need to enter into negotiations with all parties to a conflict to facilitate humanitarian action (specifically to secure humanitarian access).⁹

In particular, the 2001 Report of the Secretary-General on the Protection of Civilians in Armed Conflict identified the need for a structured, consistent approach to humanitarian negotiations with armed groups. In that report, the UN Secretary-General stated that he had requested the Inter-Agency Standing Committee (IASC) to,

“… develop a manual for access negotiations and strategies, including benchmarks for the engagement and disengagement of aid agencies, demands of conditionality, clearance procedures, needs assessments, and other principles outlined in the present report [on the Protection of Civilians in Armed Conflict].”¹⁰

In response to the request of the Secretary-General, the IASC set up an Informal Working Group — consisting of OCHA, OHCHR, UNHCR, UNICEF, UNDP, WHO and WFP— to oversee the development of a manual on humanitarian negotiations, and initial research and consultations began in 2002. This manual builds on that prior research and process of consultation, and also on field experiences of UN agencies and non-governmental organizations, to provide a practical tool for humanitarian, development and human rights workers to guide and enhance their negotiations with non-State armed groups. It is envisaged that more consistent and effective negotiations will assist in securing agreed outcomes that improve humanitarian conditions of those in need.

This manual is intended for use by humanitarian, development and human rights organizations — for example, during pre-deployment training sessions — and also by individuals tasked with conducting humanitarian negotiations with armed groups.

Objective of this manual: To provide a practical guide for UN humanitarian, development and human rights workers to enhance their negotiations with non-State armed groups.

A set of concise Guidelines for Humanitarian Negotiation with Armed Groups accompanies this manual and provides a distilled, field-ready version of the guidance provided in this manual.

In addition to the guidance provided in this manual and the companion set of guidelines, individuals undertaking humanitarian negotiations must be provided with the necessary training and organizational support to effectively conduct these negotiations. The process of drafting this manual was coordinated by OCHA's Policy Development and Studies Branch (New York), working in close collaboration with members of the IASC. The project was funded by contributions from the Swiss Federal Department of Foreign Affairs, OCHA and UNICEF's Office of Emergency Programmes (EMOPS). OCHA's Policy Development and Studies Branch acts as a focal point for provision of support and advice on humanitarian negotiation with armed groups for particular inquiries or contexts, as and when requested.

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⁸Reports of the Secretary General on the Protection of Civilians in Armed Conflict were published in 1999 (UN document reference S/1999/957), 2001 (S/2001/331), 2002 (S/2002/1300), 2004 (S/2004/431) and 2005 (S/2005/740). Reports available at: http://ochaonline.un.org/webpage.asp?Site=civilians.

⁹See UN General Assembly resolution 46/182, Strengthening of the Coordination of Humanitarian Emergency Assistance of the United Nations, 19 December 1991. UN Document ref A/RES/46/182. Paragraph 35(d).