Humanitarian Negotiations with Armed Groups

4 Working Towards More Effective Negotiations

4.6 Linkages Across Different Levels of Negotiation with Armed Groups

Humanitarian negotiations with armed groups can take place at global, regional, national and local levels. The guidance provided in this chapter is applicable to all these levels of negotiation. However, humanitarian negotiators should be aware of the opportunities to leverage ongoing negotiations and existing agreements at other levels, or in other contexts, to assist in securing an agreed outcome.

A good example of the potential for leveraging the linkages between global and local level negotiations/agreements lies in the Deed of Commitment for Adherence to a Total Ban on Anti-Personnel Mines and For Cooperation in Mine Action.³⁹ TheDeed of Commitmentis a mechanism developed by the NGO Geneva Call to engage armed groups in an agreement to prohibit them from using, manufacturing, stockpiling, or transferring anti-personnel landmines. As of December 2004, 26 armed groups had signed the Deed of Commitment. This instrument, once signed by an armed group, is deposited with the Government of the Canton of Geneva.
It includes in its preamble:

“Accepting that international humanitarian law and human rights apply to and oblige all parties to armed conflicts; Reaffirming our determination to protect the civilian population from the effects or dangers of military actions, and to respect their rights to life, to human dignity, and to development;”

Armed groups that have signed the Deed of Commitment have therefore recognized the relevant provisions of international humanitarian and human rights law. Knowledge of this type of recognition can assist humanitarian organizations in approaching the armed group for negotiations on other humanitarian issues.

Moreover, issue-specific agreements such as the Deed of Commitment can provide a basis for negotiating similar agreements with the armed group. Once armed groups have been engaged in the process of entering into an agreement, and have developed a sense of ownership of the agreement and the process, it is more likely that they will enter into negotiations on other humanitarian issues, potentially using similar mechanisms or processes.

Points to Remember—Working Towards More Effective Negotiations

NINE STEPS ACROSS THREE PHASES OF NEGOTIATION (Figure 1)

PREPARATION >>

1. Coordinate Approach With Humanitarian Partners

2. Decide on Objectives and Strategy

3. Learn About, Analyze Your Negotiating Partner

SEEKING AGREEMENT >>

4. Build Consensus on the Process of Negotiations>

5. Identify the Issues

6. Develop Options

7. Work to Seek Agreement on the Option(s) that Best Meet the Humanitarian Objectives

IMPLEMENTATION >>

8. Define Criteria for Implementation

9. Follow-up: Monitoring and Relationship Building

MODES OF NEGOTIATION: DIRECT, INDIRECT

Direct negotiation with the armed group helps to foster personal relationships between negotiators that can assist in building consensus and securing agreement; can bring personal commitment to ensuring implementation of an agreed outcome.
Indirect negotiations using an intermediary can leverage the negotiating experiences and contacts of that intermediate organization, and can free up resources (personnel, logistics, time) within a delegating humanitarian organization to enable it to focus on other aspects of its humanitarian work.
Considerations of whether and when to enter into indirect negotiations should include: (1) political or security concerns dictate indirect negotiations with the armed group; (2) the intermediary humanitarian organization has ongoing negotiations/contacts with the armed groups and can effectively represent the organization's interests; and (3) the intermediary organization has experienced negotiators available to lead the process.

WHAT TO DO IF NEGOTIATIONS FAIL TO CONVERGE OR BREAK DOWN

Review Strategy, Confirm Issues and Develop More Options
Keep Open Alternatives on SUBSTANCE
Try Building on the Existing Process
Explore Alternatives to PROCESS
Don't Burn Bridges
Reinforce Lines of Communication

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³⁹ Geneva Call, Deed of Commitment Under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine Action (Geneva: Geneva Call [undated]) Available at: http://www.genevacall.org.