6 So You're Negotiating... Now What?

Possible Negative Implications of Humanitarian Negotiations
Perceptions regarding neutrality
  • Changes in perceived neutrality and impartiality of humanitarian actors engaged in negotiations

    TO MITIGATE: (A) clearly communicate the objectives and the scope of the negotiations with armed groups; (B) communicate and negotiate with all parties to a given conflict.

Humanitarian security
  • Impacts on humanitarian security

    TO MITIGATE: (A) meet with the armed group in a neutral location/venue; (B) request security guarantees from the armed group prior to negotiations; (C) ensure that the necessary parties (e g host government) are informed of the humanitarian negotiations.

Third-party influence

 

(Negotiations manual Section 6.2)

  • Third-party influence and ‘sanctions' on humanitarian negotiators

    TO MITIGATE: (A) engage in parallel advocacy efforts and bilateral humanitarian diplomacy to gain support for the humanitarian negotiations; (B) ensure that the objectives and process of humanitarian negotiations with the armed group are effectively communicated to those that may seek to exert pressure to constrain the negotiations; (C) build consensus, support for negotiations across humanitarian organizations.

Commitment to the Agreement, Enforcement and Dispute Resolution

Commitment
(Negotiations manual Section 6.3)

  • Secure/enhance commitment by: (1) ensuring 'buy in' and ownership; (2) clear statement of roles and responsibilities for implementation; (3) emphasizing accountability; and (4) including all parties in monitoring of implementation.

Enforcement
(Negotiations manual Section 6.4)

  • Enforcement: By incentives or coercion (“carrot and stick”); other actors may be better placed to apply diplomatic/other pressure to armed group.

  • Humanitarian organizations can continue negotiating on issues of enforcement, attempt to persuade armed group, focusing on accountability of armed group.
Dispute resolution (Negotiations manual Section 6.4.2)
  • Three possible dispute resolution mechanisms for consideration: (1) Establishment of an implementation monitoring commission; 2) Referral of disputed provisions to an independent non-binding arbitration mechanism; (3) Appointment of a neutral mediator to assist the parties in resolving disputes.

Dealing with Non-Compliance

 
  • Enter into further negotiations with the armed group to arrive at an agreed outcome which may resolve the issues of noncompliance with the original agreement.

Engage external actors

  • Identify third party States, regional organizations or other actors (civil society, churches, notabilities) and engage, directly or indirectly, in advocacy and humanitarian diplomacy to get these actors to apply pressure (diplomatic, other) to the armed group to comply with the agreement.

Suspension of activities as last resort
(Negotiations manual Section 6.4.3)

  • If non-compliance with the agreed results in an operating environment which compromises humanitarian security; consider, as a last resort, suspension of humanitarian activities until a conducive humanitarian operating environment is reestablished.

 

 

   
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