DOCUMENTI: DL MISSIONI, ART.7 (2012)
DL MISSIONI IN VOTO ALLA CAMERA 31/1/12
DOCUMENTI: DL MISSIONI 29/12/11
AFGHANISTAN, SCHEDA PAESE 2011
BONN CONFERENCE: JOINT POSITION PAPER OF EUROPEAN NGO'S AND CIVIL SOCIETY
PEACE JIRGA, AFN POSITION PAPER 29/5/10
LINK 2007, MISSIONI MILITARI E AIUTO UMANITARIO 22/7/09
AFGHANISTAN (Food Security Outlook Usaid Jul-Dec 2008) 11/1/09
AFGHANISTAN PAKISTAN JIRGA 27-28 OCT 2008
AFGHANISTAN, 40 YEARS LATER 14/10/08
OPIUM, QUESTION AND ANSWER (The Independent) 14/10/08
SECURITY COUNCIL EXTENDS ISAF FOR ONE YEAR 23/9/08
HRW ON CIVILIAN DEATHS (Report) 8/9/08
TALIBAN/ NEW REPORT OF ICG 24/7/08
GUIDELINES HUMANITARIAN ACTORS /MILITARY IN AFGHNAISTAN (Un) 28/5/08
GUIDELINES HUMANITARIAN ACTORS /MILITARY IN AFGHNAISTAN (Un) 28/5/08
Mercoledi' 28 Maggio 2008
These non-binding guidelines have been developed by Unama Civil-Military Working Group in Kabul and are based on international guidelines for civil-military coordination adapted for the specific situation in Afghanistan (from the Unama Letter of presentation. May 20, 2008)
Guidelines for the Interaction and Coordination of Humanitarian Actors and Military Actors in Afghanistan
Version 1.0 (20 May 2008)
1 Definition of Key Terms 1
2 Background and Introduction 3
3 Key Actors 3
4 Principles 5
5 Liaison Arrangements 6
6 Security and Neutrality of Humanitarian Personnel 8
7 Use of Military or Armed Protection for Humanitarian Agencies 9
8 Use of Milit Assets in Natural Disaster or Humanitarian Relief Operations 9
9 Provincial Reconstruction Teams 10
10 Gender 11
11 Information Sharing 12
12 Human Rights Reporting 12
13 Assessment of Humanitarian Needs 13
14 Training 13
15 Monitoring and Resolution of Disputes 14
16 Approval 15
Appendix 1 - Acronyms 16
1 Definition of Key Terms
In order to facilitate a clear understanding of these Guidelines the following key terms are defined for the purposes of this paper, based on internationally-agreed definitions:
1) Civil-military coordination: The essential dialogue and interaction between civilian and military actors in humanitarian emergencies that is necessary to protect and promote humanitarian principles, avoid competition, minimize inconsistency, and when appropriate pursue common goals. Basic strategies range from coexistence to cooperation. Coordination is a shared responsibility facilitated by liaison and common training.
2) CIMIC: ‘civil-military cooperation’: this is a military term for the relationship of interaction, co-operation and coordination, mutual support, joint planning and constant exchange of information at all levels between military forces, civilian organisations, agencies and in-theatre civil influences, which are necessary to achieve an effective response in the full range of military operations.
3) Humanitarian actors: non-profit civilian organisations, whether national or international, UN or non-UN, which have a commitment to humanitarian principles and are engaged in humanitarian or development activities. Humanitarian actors share a commitment to working in accordance with the Red Cross Code of Conduct, the Sphere Humanitarian Charter and Minimum Standards in Disaster Response, and other recognised humanitarian guidelines. Some humanitarian actors maintain strict neutrality whilst others have taken positions in support of the Government of Afghanistan (GoA).
4) Military actors: official military actors that are subject to a hierarchical chain of command, be they armed or unarmed, governmental or inter-governmental. This includes the Afghan National Army, all members of the International Security Assistance Force (ISAF), whose authority is established by the UN Security Council, and forces serving in Operation Enduring Freedom.
5) Other security actors: any lawful security actors other than the military, including both public entities, such as the Afghan National Police and other national and international security agencies, as well as private entities, such as commercial security contractors and guards. This definition does not include illegal armed groups which are not covered by this paper which is limited to coordination between civilian and military actors. Other security actors are currently not signatories to these Guidelines but are urged to have reference to and act in accordance with them; as such, in future they may be requested to give formal commitment to this effect.
6) Humanitarian assistance: aid to an affected population that seeks, as its primary purpose, to save lives and alleviate suffering. Humanitarian assistance must be provided in accordance with the basic humanitarian principles of humanity, impartiality and neutrality. Assistance can be (1) direct: the face-to-face distribution of goods and services; (2) indirect: at least one step removed from the population and involves such activities as transporting relief goods or relief personnel; and (3) infrastructure support, involving the provision of general services, such as road repair, airspace management and power generation that facilitate relief, but are not necessarily visible to or solely for the benefit of the affected population.
7) Military assets: relief personnel, equipment, supplies and services provided by foreign militaries and civil defence organizations.
2 Background and Introduction
Traditionally there has been a distinction between the military and civilian domains but military actors have become increasingly involved in operations other than war, including the provision of relief and reconstruction work. At the same time, it has become apparent that security and humanitarian activities and their outcomes are often interconnected, which necessitates increased communication, coordination and understanding between humanitarian actors and the military, including mutual awareness of mandates, capacities and limitations.
These Guidelines have been developed by the Afghanistan Civil Military Working Group which is co-chaired by the Office of the Deputy Special Representative of the Secretary-General of the United Nations Assistance Mission for Afghanistan (UNAMA) Resident / Humanitarian Coordinator and the Agency Coordinating Body for Afghan Relief (ACBAR). The Group has the participation of senior military officials serving with the International Security Assistance Force, including the ISAF HQ Chief of CJ9, OEF and a range of humanitarian actors working in humanitarian and development spheres in Afghanistan.
The Guidelines are based on policy guidance issued by the UN Office for the Coordination of Humanitarian Affairs (OCHA), particularly on the use of military assets in complex emergencies (March 2003) and in disaster relief, (the ‘Oslo Guidelines’ May 1994, updated November 2006) and the Inter-Agency Standing Committee (IASC) Reference Paper ‘Civil-Military Relationship in Complex Emergencies (June 2004).
The purpose of the Guidelines is to establish principles and practices for constructive civilian-military relations, and for effective coordination, which is critical for achieving security and stability in Afghanistan. The Guidelines are intended to address civil-military coordination, and not CIMIC activities, which are substantially broader in scope. The Guidelines are intended to support the development of a relationship between military and humanitarian actors in which differences are recognized and respected.
3 Key Actors
International Security Assistance Force (ISAF)
As provided by United Nations Security Council Resolutions (UNSCR) 1386 (2001) and 1510 (2003), ISAF is a multi-national force acting under Chapter VII of the UN Charter. Under the first resolution ISAF was mandated ‘to assist the Afghan Interim Authority in the maintenance of security of Kabul and its surrounding areas’, as provided for under Annex I of the Bonn Agreement, 5 December 2001.
UNSCR 1510 (2003) authorises the expansion of the ISAF mandate ‘to support the Afghan Transitional Authority and its successors in the maintenance of security in areas of Afghanistan outside of Kabul and its environs, so that the Afghan Authorities as well as the personnel of the United Nations and other international civilian personnel engaged, in particular, in reconstruction and humanitarian efforts’ and to provide security assistance for the implementation of the Bonn Agreement. ISAF’s mandate has since been extended by UNSCRs 1563 (2004),1623 (2005) and 1707 (2006).
Provincial Reconstruction Teams
ISAF has facilitated the establishment of 25 Provincial Reconstruction Teams (PRTs), endorsed in UNSCR 1563 (2004) and subsequent UNSCRs. As agreed by the PRT Executive Steering Committee in January 2005, the mission of PRTs is to “assist The Islamic Republic of Afghanistan to extend its authority, in order to facilitate the development of a stable and secure environment in the identified area of operations, and enable Security Sector Reform (SSR) and reconstruction efforts.”
Operation Enduring Freedom (OEF)
The presence of actors operating under US-led OEF is defined in a bi-lateral agreement between participating actors and the GoA of May 2005. The Coalition is referred to in UNSCR 1510 (2003) and subsequent Resolutions, which call for ISAF to work with OEF in the implementation of both forces’ mandates.
United Nations (UN)
United Nations Assistance Mission in Afghanistan (UNAMA)
UNAMA was established by UNSCR 1401 (2002) with a mandate set out in the UN Secretary-General’s Report of 18 March 2002, which includes, (a) fulfilling responsibilities related to human rights, rule of law and gender issues entrusted to it under the Bonn Agreement; (b) promoting national reconciliation and (c) managing UN relief, recovery and reconstruction activities. UNAMA’s mandate has been subsequently extended and elaborated by UNSCRs 1471 (2003), 1536 (2004), 1589 (2005), 1662 (2006) and 1746 (2007).
UNSCR 1746 (2007) stresses the role of UNAMA ‘to promote a more coherent international engagement in support of Afghanistan, to extend its good offices through outreach in Afghanistan, to support regional cooperation in the context of the Afghanistan Compact, to promote humanitarian coordination and to continue to contribute to human rights protection and promotion, including monitoring of the situation of civilians in armed conflict’
United Nations Agencies
There are 17 UN agency funds and programmes as a part of the integrated mission in Afghanistan, under the coordination umbrella of UNAMA. The Agencies include WFP, UNICEF, UNDP, UNHCR, UNIFEM, FAO, UNFPA, UNOPS, IRIN and others. UN Agencies have separate mandates, but all adhere to UN values; they are providers of humanitarian assistance and long term development programmes.
Non-Governmental Organisations (NGOs)
NGOs are civil society actors which may be national or international, are non-profit, civilian organizations dedicated to providing humanitarian assistance and development support in Afghanistan. NGOs are independent and diverse in their objectives, operations and the degree to which they operate within the principles of neutrality, humanity, impartiality and independence. NGOs also vary greatly in terms of the level of interaction or collaboration with military actors. As civil society actors some NGOs may not directly engage in the provision of assistance or service delivery but seek to achieve policy change.
All NGOs in Afghanistan are regulated by Law on Non-Governmental Organisations, June 2005, which regulates permissible activities and sets criteria for the establishment and internal governance of NGOs. Members of ACBAR and other NGOs have committed to abide by the NGO Code of Conduct, September 2006, which almost 100 Afghan and international organisations have signed.
Principles regarding international military actors and Afghan National Security Forces
1) Observance of international law and human rights: military actors will comply with their obligations under international law, including international humanitarian law, human rights and UN Security Council Resolutions to which they are subject.
2) Respect for the neutrality and independence of humanitarian actors: military actors should seek to avoid operations, activities or any conduct which could compromise the independence or safety of humanitarian actors. To the greatest extent possible military operations should be conducted with a view to respecting the humanitarian operating environment. The operational effectiveness of humanitarian actors depends upon the actual and perceived adherence to the principles of neutrality and impartiality. Maintaining a clear distinction between the role and function of humanitarian actors from that of the military is a determining factor in creating an operating environment in which humanitarian organizations can discharge their responsibilities both effectively and safely. Sustained humanitarian access to the affected population may be ensured when it is independent of military and political action.
3) Security role: In line with recognised principles of humanitarian assistance and existing guidelines on civil-military relations, the overall humanitarian assistance effort in Afghanistan is best served through a division of responsibilities: government and humanitarian actors have the primary role of providing humanitarian assistance, and the military is primarily responsible for providing security, and if necessary, basic infrastructure and urgent reconstruction assistance limited to gap-filling measures until civilian organisations are able to takeover.
4) Reporting of violations of human rights or international humanitarian law: such violations or crimes witnessed by military actors, whoever the perpetrator, must be reported to the appropriate authorities.
5) Women in peace and security: military actors must respect fully international law applicable to the rights and protection of women and girls, especially as civilians, and to take special measures to protect them from gender-based violence including rape and other forms of sexualised violence. The differential impact of armed conflict on women, girls, boys and men should inform activities; and women, as well as men, should be recognised as important actors in the promotion of peace and security as recognised by UNSCR 1325.
Principles regarding humanitarian actors
1) Humanity: the principle of humanity requires that human suffering must be addressed wherever it is found, with particular attention to the most vulnerable in the population, such as children, women and the elderly. The dignity and rights of all victims must be respected and protected. Humanitarian actors must seek to ensure sustainable access to all vulnerable populations in all parts of the country and the freedom to negotiate access across divides to such people.
2) Operational independence of humanitarian action: humanitarian actors must retain their operational independence, including the freedom of movement, recruitment of national and international staff, non-integration into military planning and action, and access to communications.
3) Impartial aid distribution: humanitarian actors and donor governments must ensure that assistance is provided in an equitable and impartial manner without political conditions; it must be provided without discrimination as to ethnic origin, gender, nationality, political opinions, social status, race or religion and solely on the basis of needs.
4) Neutrality: all humanitarian assistance must be provided without engaging in hostilities or taking sides in controversies of a political, religious or ideological nature.
All humanitarian actors, military actors and other security actors should at all times be respectful of international law and Afghan laws, culture and customs.
5 Liaison Arrangements
For any interaction and coordination between humanitarian and military and/or other security actors, liaison arrangements and clear lines of communication should be established at all relevant levels.
UNAMA headquarters, regional and provincial offices must ensure permanent means of communication with all relevant commands of ISAF and other military actors, including all PRTs.
The head of each regional office of UNAMA should establish contacts with all Afghan Government and international military actors in the area, in order to maintain channels of communication, to enable rapid contact/coordination where necessary, and to provide information on humanitarian and development activities in the area.
Given military hierarchy, humanitarian actors should ensure that all communication and humanitarian advocacy is directed to the appropriate authorities within the chain of command. Where regular direct liaison is necessary, it should be conducted through UNAMA field offices or headquarters, ACBAR, or Afghanistan NGO Safety Office (ANSO).
It is preferable for there to be designated persons within both military and humanitarian actors to conduct regular liaison. If possible, liaison meetings should be held at ‘neutral’ venues, as locally agreed, and other interaction should be discreet, preferably through e-mail or telephone.
Liaison staff of humanitarian and military actors should not be physically permanently co-located. However, the security situation might require temporary co-location of dedicated UN security and/or military liaison personnel.
Wherever possible and appropriate, transparency should be maintained on the participants and purpose of civil-military liaison. Liaison meetings should where possible involve representatives of human rights and women’s rights organisations.
In Afghanistan, civil-military coordination takes place at a number of levels. The following are existing mechanisms for coordination:
The Afghanistan Civil Military Working Group, responsible for this paper, co-chaired by UNAMA and ACBAR, with the participation of ISAF and a range of humanitarian actors, which was established, in its Terms of Reference, to ‘facilitate timely and sufficient communication between NGOs, international military actors and other stakeholders over military activities, security of operations and aid coordination with the objective of identifying and addressing issues of concern.’
The PRT Executive Steering Committee (ESC) is an ambassadorial/ ministerial-level body co-chaired by the Minister of Interior and COMISAF, which provides guidance for and oversight of all existing and proposed PRTs in Afghanistan. Its membership includes the ambassadors of all the PRT troop-contributing states and potential contributing nations, and key Afghan ministry officials. The ESC considers action on issues developed by the PRT Working Group, its subordinate body. Action by the ESC includes enacting Policy Notes which set out operating guidance for PRTs on key issues.
The PRT Working Group is a subordinate body of the ESC co-chaired by the Ministry of Interior, UNAMA and ISAF. Its role is to resolve PRT operational issues, prepare the ESC agenda, and prepare issues for ESC decision; it includes Afghan ministerial officials, UNAMA, ISAF, EU and Embassies of PRT troop-contributing states. The Group also includes members of NGO representative bodies.
Regional / Provincial / District Coordination meetings, under the government supported by UN/UNAMA/NGO Field offices.
UN/UNAMA Field Office bilateral meetings with civilian and military organizations.
UN/UNAMA/NGO Field office weekly security meetings.
Bilateral engagement between local CIMIC/Civil Affairs teams and NGOs.
The Comprehensive Approach Team which meets on a weekly basis at ISAF HQ and includes representatives of government, military and humanitarian actors.
The National Emergency Response Commission (NERC) is the highest emergency coordination body in the country. It is chaired by the Afghan Vice-President and comprises 22 key government ministries, UNAMA, Kabul Municipality and ISAF. Meeting every two weeks, and more frequently as required this body approves policy, coordinates response and makes requests for assistance from the international community. The Afghanistan National Disaster Management Authority (ANDMA) is the secretariat of this group.
To contact or access these mechanisms of coordination, the following post-holders, units or organisations should be contacted: UNAMA Civil-Military Coordination Officers, UNAMA Military Advisory Unit (MAU), ISAF CJ9 Branch (CIMIC), UNAMA Humanitarian Affairs Officers, ACBAR and ANSO.
6 Security and Neutrality of Humanitarian Personnel
Humanitarian actors in Afghanistan have adopted a security protocol which relies primarily on acceptance, combined with protection and deterrence strategies. Given that in some areas of Afghanistan humanitarian actors may be targets of armed elements, this may involve adopting a ‘low profile’ approach, paired with protective strategies for travel.
As all actors who have taken a proactive stance in support of the GoA (including the UN, EU, ISAF and other security actors) are currently targets of armed opposition groups in Afghanistan, a distinction must be retained between the identities, functions and roles of these entities and those actors who seek to preserve their neutrality.
The independence and civilian nature of humanitarian assistance should be clear at all times. Failure to observe this distinction could compromise the perception of neutrality and impartiality of humanitarian activities and thereby endanger humanitarian personnel and intended beneficiaries.
Given the importance of how humanitarian actors are perceived by the population, they should ensure that at all times their outward appearance could not be perceived as military. Humanitarian actors should not therefore wear uniforms or use military vehicles. Military actors should liaise with humanitarian actors in order to identify means of distinguishing between their respective vehicles.
Since current assistance work in Afghanistan largely entails rehabilitation and reconstruction rather than urgent life-saving activities, humanitarian actors should give careful consideration to the security risks and political implications of working with military actors or other security actors. Humanitarian actors should be aware that strategies adopted by one might have implications for others: at a local level if one agency is perceived as cooperating closely with the military the population may assume the same of other local actors.
7 Use of Military or Armed Protection for Humanitarian Agencies
The use of military or armed protection for humanitarian agencies or for specific humanitarian activities is a measure that should be taken only in exceptional circumstances in order to meet critical humanitarian needs. Similarly, only in extreme circumstances should staff of humanitarian actors travel in vehicles belonging to military actors. The majority of humanitarian actors have internal regulations which prevent armed personnel of military actors from travelling in their vehicles.
Any decision to request or accept military or armed protection must be made by humanitarian organisations, not political or military authorities. It should be based on the principles endorsed in the non-binding guidelines issued by the IASC in September 2001 on ‘Use of Military or Armed Escorts for Humanitarian Convoys’.
8 Use of Military Assets in Natural Disaster or Humanitarian Relief Operations
In accordance with UNSCR 1510 (2003) and subsequent resolutions the mandate of military actors in Afghanistan is to provide security. In the case of a natural disaster or other civil emergency, the primary responsibility for managing the response is with the, led and coordinated by the ANDMA, supported by the Humanitarian Coordinator in UNAMA.
In exceptional circumstances and as a last resort, military assets, which includes personnel, equipment, supplies and services, may be deployed for the purpose of providing humanitarian assistance.
The use of such assets in Afghanistan must adhere to the principles set out in the IASC ‘Guidelines on the Use of Military and Civil Defence Assets to Support UN Humanitarian Activities in Complex Emergencies’, (MCDA Guidelines) issued in March 2003, and ‘Guidelines on the Use Of Military and Civil Defence Assets in Disaster Relief’ (‘Oslo Guidelines’) updated November 2006.
In accordance with these guidelines, military assets may only be used at the request or with the consent of the GoA, at national or local level, as appropriate. In exceptional circumstances, the military may respond to or support humanitarian disaster relief operations prior to receiving a formal request / approval from the GoA if the local commander deems it necessary to save lives.
As set out in the MCDA Guidelines, military assets should only be used in the following circumstances: (1) there is no comparable civilian alternative; (2) the assets are needed to meet urgent humanitarian needs; (3) to the extent possible there is civilian control over the operation involving the assets, meaning civilian direction and coordination, as defined in the Oslo Guidelines; (4) to the extent possible the assets are used only for indirect assistance or infrastructure support; (5) military assets are clearly distinguished from those used for military purposes; (6) the use is limited in time and scale; and (7) there is an exit strategy defining how to achieve a civilian response in the future.
Policy Note Number 3 of the PRT ESC, ‘PRT Coordination and Intervention in Humanitarian Assistance’ reaffirms this approach and provides that humanitarian assistance “must not be used for the purpose of political gain, relationship-building, or ‘winning hearts and minds. It must be distributed on the basis of need and must uphold the humanitarian principles of humanity, impartiality and neutrality.”
No asset of any kind belonging to a humanitarian actor may be used by military actors without explicit, prior permission of the actor concerned.
9 Provincial Reconstruction Teams
The PRT Mission Statement, as agreed by the PRT ESC in January 2005, states that: ‘PRTs will assist the Islamic Republic of Afghanistan to extend its authority, in order to facilitate the development of a stable and secure environment in the identified area of operations, and enable Security Sector Reform (SSR) and reconstruction efforts.’
Although the mandate of PRTs does not refer to humanitarian activities, given the significant involvement of PRTs in civilian affairs, and in civil-military liaison, this section outlines the principles which govern their operations.
Where activities are undertaken by the military to enable SSR or reconstruction efforts, whether or not through a PRT, they should accord to the following principles:
Coordination: in accordance with PRT ESC Policy Note 1 endorsed on 7 December 2006:
PRT activities are to support local priorities within the national development framework, such as the Afghan National Development Strategy.
PRTs should coordinate their activities with the GoA/UNDP/UNAMA sub-national governance programme and other stakeholders in provinces where the programme is being implemented.
PRTs are strongly encouraged to coordinate all projects with the Provincial Development Committee, link with provincial requirements and involve relevant line ministries in all phases of the relevant project.
Provincial Councils are also an important facet of provincial development and PRTs should consult them regularly about their activities.
Local resources: in accordance with Annex II of the Afghanistan Compact, reconstruction projects should make maximum use of local human and material resources, and should be according to local standards.
Ownership: to the extent possible intended beneficiaries in the affected population should be involved in the design, management and implementation of the assistance.
Respect for culture and custom: PRT activities must be respectful of local culture and customs.
Gender: in accordance with UNSCR 1325, and as stated below, activities should reflect the particular rights and needs of women and girls.
Identification: outside of designated military facilities military personnel should at all times wear military uniforms.
Military and humanitarian actors should have an understanding of how conflict and disaster affect women, girls, boys and men differently, that they have different coping strategies, roles, capacities and constraints. Their differing needs and capabilities must be identified to make sure all have access to services and information, and can participate in the planning and implementation of relief programmes. (See IASC Gender Handbook in Humanitarian Action: Women, Girls, Boys and Men – Different Needs, Equal Opportunities.)
Under UNSCR 1325 all peacekeeping operations are required to mainstream gender issues. The resolution specifically requires special consideration by all military actors, humanitarian actors and all other entities, of the needs and capabilities of women and girls. In particular, all actors should ensure that:
Efforts are made to involve greater numbers of women at all levels of decision-making and in field based operations;
Institutional arrangements are made to identify the needs and capabilities of women and girls in conflict through participatory methods and incorporate them in conflict into humanitarian, development, reconstruction, security and peace-building activities;
The human rights of women and girls are protected in accordance with international and national law;
Special measures are taken to protect women and girls from violence in situations of armed conflict with specific steps taken to prevent gender-based violence, particularly rape and other forms of sexual abuse; and
Training, guidelines and materials are developed which incorporate the need to protect and ensure the rights of women and girls.
11 Information Sharing
As a matter of principle, any information gathered by humanitarian actors which might endanger lives if used for non-humanitarian purposes, jeopardise humanitarian operations, compromise the impartiality and neutrality of humanitarian actors, or be used for military purposes, shall not be shared with military or other security actors.
However, to ensure the provision of protection, humanitarian assistance or the safety of civilians and/or humanitarian staff, information sharing with the ISAF and other military actors may be necessary.
Specific information which may be appropriate to share includes:
Security information: information relevant to the security of civilians and humanitarian staff including the coordinates of humanitarian staff and facilities in the military operating theatre;
Relief needs: identified by the military or other security actors;
Humanitarian activities: humanitarian plans and intentions of humanitarian actors, including routes and timing of humanitarian convoys and airlifts;
Mine-action activities: information relevant to mine-action activities;
Population movements: information on major movements of civilians;
Movement of good or personnel: information on the movement of humanitarian personnel or goods within the country or across borders.
So far as possible, military actors should provide accurate and timely information to humanitarian actors on:
Relief activities: information on relief efforts undertaken by the military and/or other security actors;
Post-strike information: information on strike locations and explosive munitions used during military campaigns to assist the prioritization and planning of humanitarian relief and mine-action/UXO activities;
Pending military operations: at the strategic, operational and tactical level concerning military operations which could affect the safety of civilians or humanitarian personnel, or have an impact on population displacement and the provision of humanitarian assistance, to the extent feasible within operational security requirements.
12 Human Rights Reporting
Military and humanitarian actors should report as soon as possible any alleged violations of human rights, women and children’s rights, international humanitarian law or Afghan criminal law by any of the parties to the conflict to the appropriate staff within their organisations or chains of command. Humanitarian actors may refrain from reporting violations where this could create an unacceptable security risk. Military actors shall report in accordance with their respective national law.
Such alleged violations should then be reported, as appropriate, to the relevant Afghan authorities, Afghan Independent Human Rights Commission, the International Committee of the Red Cross, UNAMA or, where appropriate, UNHCR. Where appropriate, rights violations should also be reported to relevant members of the National Assembly or local Provincial Council.
Military and humanitarian actors will cooperate with any investigation conducted by these authorities, particularly with respect to civilian casualties whether caused by military actors, other security actors or armed groups.
13 Assessment of Humanitarian Needs
While humanitarian actors may be able to benefit from the findings of assessments conducted by military actors, they should conduct independent humanitarian assessments, using their own evaluation and monitoring capacities.
Humanitarian actors may evaluate and consider as appropriate findings of military assessment missions; they may also, when appropriate, share the results of their own needs assessments with military actors so long as these will not endanger lives or be used for military purposes.
Training in civilian-military coordination should be conducted for responsible staff at all levels with in humanitarian, development, military and other security actors, including national police and private security actors, both prior to and during the mission. This may take the form of lectures, briefings and/or joint workshops, both in-country and outside.
The UN shall ensure that there is regular training on the application of the Sphere Humanitarian Charter and Minimum Standards in Disaster Response. This training should be undertaken every six months, particularly at PRT level, so that humanitarian and military actors have an understanding of the Sphere Code of Conduct and are familiar with terminology relevant to humanitarian coordination.
The UN shall also ensure that there is specialised training on the protection, rights and particular needs of women and girls in conflict situations, the importance of a gender perspective in humanitarian, development and reconstruction activities, and the essential roles of women in peace-building and peace-keeping.
15 Monitoring and Resolution of Disputes
Incidents involving military or other security actors in which these Guidelines appear to have been breached should be documented and reported as soon as possible to UNAMA, either the regional office or headquarters, or alternatively, to ACBAR or ANSO.
Where such incidents cannot be resolved, or if a party to these Guidelines fails to act in accordance with them, the issue shall be referred to the Afghanistan Civil-Military Working Group. Any actor involved my raise the issue for consideration by the Group. Such incidents should be reviewed by the Working Group on a periodic basis. The Guidelines are non-binding but the Working Group may by make recommendations on their application.
These Guidelines have been prepared and adopted by the Afghanistan Civil-Military Working Group.
The Group has representation of the following organisations and missions who have agreed to the Guidelines and shall seek to ensure that they act in accordance with them:
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United Nations Assistance Mission for Afghanistan and UN Agencies
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The Agency Coordinating Body for Afghan Relief
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The International Security Assistance Force
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Forces serving in Operating Enduring Freedom
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National Security Forces of the Government of the Islamic Republic of Afghanistan
Appendix 1 - Acronyms
ACBAR - Agency Coordinating Body for Afghan Relief
ANDMA - Afghanistan National Disaster Management Authority
ANSO - Afghanistan NGO Safety Office
CIMIC – Civil-Military Coordination
COMISAF – Commander ISAF
FAO – Food and Agriculture Organisation of the Untied Nations
EU – European Union
GoA – Government of the Islamic Republic of Afghanistan
ISAF – International Security Assistance Force
IASC - Inter-Agency Standing Committee
MAU – Military Advisory Unit (UNAMA)
NERC – National Emergency Response Commission
NGO – Non-Governmental Organisation
OCHA – Office for the Coordination of Humanitarian Affairs
OEF – Operation Enduring Freedom
PRT – Provincial Reconstruction Team
PRT ESC – PRT Executive Steering Committee
SSR – Security Sector Reform
UNAMA – United Nations Assistance Mission for Afghanistan
UNDP – United Nations Development Programme
UNFPA – United Nations Population Fund
UNHCR – United Nations High Commission for Refugees
UNICEF – United Nations Children’s Fund
UNIFEM – United Nations Development Fund for Women
UNOPS – United Nations Office for Project Services
UNSC – United Nations Security Council
WFP – United Nations World Food Programme