This document has been developed with the collaboration of a broad representation of the international humanitarian community, through a Drafting Committee consisting of representatives of Austria, Czech Republic, France, Germany, Italy, Sudan, Switzerland, UK, USA, DPKO, SCHR, UNHCR, UNICEF and WFP, as well as a Review Committee consisting of representatives of Australia, Canada, China, Costa Rica, Denmark, Ecuador, Egypt, Estonia, Finland, Ghana, Greece, India, Japan, Libyan Arab Jamahiriya, Madagascar, Mauritius, Mexico, Netherlands, Norway, Poland, Russian Federation, Sweden, Turkey, Yugoslavia, COE, ECHO, EC, EUMS, ICDO, ICRC, ICVA, INTERACTION, IOM, NATO, OCHA, THW and WHO.
This is a
non-edited version. The document will undergo professional editing and will be
translated into all UN languages.
Table of Contents
Page
Key Terms and Definitions 3
Aim
5
Scope
5
Status
6
Organization
7
Comments,
Recommendations and Future Changes
7
Core Principles
8
Avoiding
Reliance on Military Resources
9
When
to Use Military and Civil Defence Resources 10
to Support Humanitarian Activities
Operational
Standards for the Use of UN MCDA 12
Operational
Standards for the Use of Other Deployed Forces 13
United
Nations Humanitarian Civil Military Coordination (CMCoord) 14
in Complex Emergencies
Affected
State and Transit States 16 Humanitarian/Resident Coordinator 17
UN Humanitarian Agencies 19
Office
for the Coordination of Humanitarian Affairs (OCHA) 20
Assisting
State and International Military or 21
Civil Defence Commanders
Introduction
Key Terms and Definitions:
The
following terms are essential for establishing a common understanding of the
terminology used by the guidelines as set out in this document.
1. Complex Emergency: A complex emergency,
as defined by the Inter-Agency Standing Committee (IASC), is “a humanitarian
crisis in a country, region or society where there is total or considerable
breakdown of authority resulting from internal or external conflict and which
requires an international response that goes beyond the mandate or capacity of
any single and/or ongoing UN country programme.”
2. Humanitarian Assistance: Humanitarian
assistance is aid to an affected population that seeks, as its primary purpose,
to save lives and alleviate suffering of a crisis-affected population.
Humanitarian assistance must be provided in accordance with the basic
humanitarian principles of humanity, impartiality and neutrality.
For the purposes of these guidelines, assistance can be
divided into three categories based on the degree of contact with the affected
population. These categories are important because they help define which types
of humanitarian activities might be appropriate to support with international
military resources under different conditions, given that ample consultation
has been conducted with all concerned parties to explain the nature and
necessity of the assistance.
Direct Assistance is the face-to-face distribution of
goods and services.
Indirect Assistance is at least one step removed from the
population and involves such activities as transporting relief goods or relief
personnel.
Infrastructure Support
involves providing
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.
3. The
Humanitarian Operating Environment: A key element for humanitarian agencies and organizations when they
deploy, consists of establishing and maintaining a conducive humanitarian
operating environment (this is sometimes referred to as "humanitarian
space"). The perception of adherence to the key
operating principles of neutrality and impartiality in humanitarian operations
represents the critical means by which the prime objective of ensuring that
suffering must be met wherever it is found, can be achieved. Consequently,
maintaining a clear distinction between the role and function of humanitarian
actors from that of the military is the determining factor in creating an
operating environment in which humanitarian organisations can discharge their
responsibilities both effectively and safely. Sustained humanitarian access to
the affected population is ensured when the receipt of humanitarian assistance
is not conditional upon the allegiance to or support to parties involved in a conflict
but is a right independent of military and political action.
4. Military and Civil Defence Assets:
MCDA, as defined in the 1994 “Oslo Guidelines”, “comprises relief personnel,
equipment, supplies and services provided by foreign military and civil defence
organizations for international humanitarian assistance. Furthermore, civil
defence organization means any organization that, under the control of a
Government, performs the functions enumerated in Article 61, paragraph (1), of
Additional Protocol I to the Geneva Conventions of 1949”. When these assets are
under UN control they are referred to as UN MCDA.
5. Other Deployed Forces: These are all
military and civil defence forces deployed in the region other than UN
MCDA. For the purposes of these
guidelines these forces are divided into four categories based on their
missions. These missions are peacetime, UN commanded peacekeeping operations,
other peace operation/peace support, and combat. The mission of a force is the primary factor that determines a
military unit’s availability and appropriateness to humanitarian tasks, as it
impacts on whether or not it will be perceived by others as neutral and
impartial.
Peacetime missions include training and exercises in the
region with no hostile intent.
UN commanded peacekeeping operations include missions under the auspices of
Chapter VI or VII of the UN Charter.
Other peace operation / peace support
missions include a
range of tasks undertaken by military forces that are not under UN command, including
peacekeeping, peace enforcement, peace building and other so-called peace
support operations where forces are deployed under operational parameters that
dictate a minimum necessary use of force.
Combat missions
are those where the
primary purpose of the operation is the defeat of a designated enemy.
6. Civilian Control: A humanitarian operation using military assets
must retain its civilian nature and character. While military assets will
remain under military control, the operation as a whole must remain under the
overall authority and control of the responsible humanitarian organization.
This does not infer any civilian command and control status over military
assets.
7. Last Resort: Military assets should be
requested only where there is no comparable civilian alternative and only the
use of military assets can meet a critical humanitarian need. The military
asset must therefore be unique in capability and availability.
8. Resident Coordinator and Humanitarian
Coordinator: The Resident Coordinator (RC) is the head of the UN Country
Team. In a complex emergency, the Resident Coordinator or another competent UN
official may be designated as the Humanitarian Coordinator (HC). In large-scale
complex emergencies, a separate Humanitarian Coordinator is often appointed. If
the emergency affects more than one country, a Regional Humanitarian
Coordinator may be appointed. In
countries where large multi-disciplinary UN field operations are in place the
Secretary-General might appoint a Special Representative (SRSG). The
relationship between the SRSG and the RC/HC is defined in a note issued by the
Secretary-General on 11 December 2000 (Note of Guidance on Relations Between
Representatives of the Secretary-General, Resident Coordinators and
Humanitarian Coordinators, dated 30 October 2000).
9. Emergency Relief Coordinator and
Inter-Agency Standing Committee: The Emergency Relief Coordinator (ERC) is
the Under-Secretary-General for Humanitarian Affairs and coordinates the
international response to humanitarian emergencies and disasters. The Inter-Agency Standing Committee (IASC)
is chaired by the ERC and has the membership of all UN operational humanitarian
agencies, with standing invitation to ICRC, IFRC, IOM, UNHCHR, the
Representative of the Secretary-General on IDPs, the World Bank and the three
NGO consortia (ICVA, InterAction and SCHR).
It is important to note that the decision whether to and who to appoint
as Humanitarian Coordinator is made by the Emergency Relief Coordinator (ERC),
in consultation with the Inter-Agency Standing Committee.
10. UN Humanitarian Civil Military Coordination (CMCoord): 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.
Aim:
11. This document provides guidelines for the use of international military and civil defence personnel, equipment, supplies and services in support of the United Nations (UN) in pursuit of humanitarian objectives in complex emergencies. It provides guidance on when these resources can be used, how they should be employed, and how UN agencies should interface, organize, and coordinate with international military forces with regard to the use of military and civil defence assets. The document may also be of value in other large-scale emergencies.
Scope:
12. These guidelines cover the use of United Nations Military and Civil Defence Assets (UN MCDA) -- military and civil defence resources requested by the UN humanitarian agencies and deployed under UN control specifically to support humanitarian activities -- and military and civil defence resources that might be available. These other forces on other missions are referred to as other deployed forces.
13. Principles,
concepts, and procedures are provided for requesting and coordinating military
and civil defence resources when these resources are deemed necessary and
appropriate, and for interfacing with international military forces who are
conducting activities which impact on UN humanitarian activities.
14. These
guidelines are primarily intended for use by UN humanitarian agencies and their
implementing and operational partners, Resident and Humanitarian Coordinators,
UN MCDA commanders and commanders of other deployed forces performing missions
in support of the UN humanitarian agencies and liaison officers coordinating UN
humanitarian activities with international military forces. All humanitarian
actors should also be familiar with the principles, concepts and procedures set
out herein and encouraged to adhere to them, as appropriate.
15. They could
also be used by decision-makers in Member States and regional organizations
when considering the use of military and civil defence resources to provide
assistance to civilian populations. They may also be of value to international
military or civil defence commanders, including peacekeeping forces, in the
pursuit of their missions.
16. This document
focuses on the use of military and civil defence assets in complex emergencies.
The foundation for effective coordination of military and civilian assistance
during reconstruction and rehabilitation of a disaster or post-conflict society
is often established during relief operations, however reconstruction and
rehabilitation activities are beyond the scope of this document.
17. Guidelines
for the use of international military resources in natural disasters and
peacetime technological or environmental emergencies are provided in a separate
document entitled: “Guidelines on the Use of Military and Civil Defence Assets
in Disaster Relief” (May 1994), also known as the “Oslo Guidelines”.
Status:
18. The UN
Inter-Agency Standing Committee (IASC) and the UN humanitarian agencies have
agreed to these guidelines. Implementing and operational partners are
encouraged to follow this guidance.
Member States and regional organizations engaged in relief or military
operations in complex emergencies are also encouraged to use the principles and
procedures provided herein. While a
significant number of Member States have participated in the development of the
guidelines and endorsed their use, they are not binding on Member States. The
guidelines are considered a living document and may be reviewed as appropriate
in the future.
19. These guidelines will not, in any way, affect the rights, obligations or responsibilities of States and individuals under international humanitarian law. This includes, but is not limited to, the obligation to allow and facilitate rapid and unimpeded delivery of relief consignments, equipment and personnel, protect such consignments, and facilitate their rapid distribution. Nor will these guidelines affect the obligations of States that are parties to the United Nations Conventions on the Safety and Security of United Nations Personnel, the Geneva Conventions of 1949 and their Additional Protocols of 1977, or the United Nations Charter.
Organization:
20. The remainder of the document is divided
into two parts. The first contains
principles that guide the use of international military and civil defence
resources by UN humanitarian agencies in complex emergencies and their
coordination with international military forces. The second section describes the tasks and responsibilities of
key actors in situations where UN MCDA are used and in situations when other
deployed forces are requested by the United Nations to support humanitarian
activities.
Comments,
Recommendations and Future Changes:
21. This document
was prepared under the auspices of the UN MCDA Project. It complements the existing “Guidelines on
the Use of Military and Civil Defence Assets in Disaster Relief” (May 1994)
also known as the “Oslo Guidelines”.
The Military and Civil Defence Unit (MCDU) of the UN Office for the
Coordination of Humanitarian Affairs (OCHA) provides the Secretariat for the UN
MCDA Project and is responsible for maintaining these guidelines. Comments should be directed to the Chief,
MCDU, Emergency Services Branch, OCHA (Geneva), Palais des Nations, CH-1211
Geneva 10, Switzerland, or mcdu@un.org.
Proposed changes will be incorporated annually in the Consultative Group On The
Use Of MCDA in consultation with the Advisory Panel to MCDU, and when necessary
referred to the ERC and IASC.
Core Principles:
22. As per UN
General Assembly Resolution 46/182 humanitarian assistance must be provided in
accordance with the principles of humanity, neutrality and impartiality.
Humanity: 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.
Neutrality: Humanitarian assistance must be
provided without engaging in hostilities or taking sides in controversies of a
political, religious or ideological nature.
Impartiality: Humanitarian assistance must be
provided without discriminating as to ethnic origin, gender, nationality,
political opinions, race or religion. Relief of the suffering must be guided
solely by needs and priority must be given to the most urgent cases of
distress.
23. In addition
to these three humanitarian principles, the United Nations seeks to provide
humanitarian assistance with full respect for the sovereignty of States. As
also stated in General Assembly Resolution 46/182:
“The sovereignty, territorial integrity and national unity
of States must be fully respected in accordance with the Charter of the United
Nations. In this context, humanitarian
assistance should be provided with the consent of the affected country and in
principle on the basis of an appeal by the affected country.”
24. The United
Nations humanitarian agencies involved in humanitarian activities subscribe to
these principles and have incorporated these concepts in their respective
mandates and operational guidelines.
25. As a matter
of principle, the military and civil defence assets of belligerent forces or of
units that find themselves actively engaged in combat shall not be used to support
humanitarian activities.
26. In addition
and in the framework of the above-mentioned principles, the use of MCDA shall
be guided by the six following standards:
i.
Requests for
military assets must be made by the Humanitarian/Resident Coordinator on the
ground, not political authorities, and based solely on humanitarian criteria.
ii.
MCDA should be
employed by humanitarian agencies as a last resort, i.e. only in the absence of
any other available civilian alternative to support urgent humanitarian needs
in the time required.
iii.
A humanitarian
operation using military assets must retain its civilian nature and character.
While military assets will remain under military control, the operation as a
whole must remain under the overall authority and control of the responsible
humanitarian organization. This does not infer any civilian command and control
status over military assets.
iv.
Humanitarian
work should be performed by humanitarian organizations. Insofar as military organizations have a
role to play in supporting humanitarian work, it should, to the extent
possible, not encompass direct assistance, in order to retain a clear
distinction between the normal functions and roles of humanitarian and military
stakeholders.
v.
Any use of
MCDA should be, at its onset, clearly limited in time and scale and present an
exit strategy element that defines clearly how the function it undertakes
could, in the future, be undertaken by civilian personnel.
vi.
Countries
providing military personnel to support humanitarian operations should ensure
that they respect the UN Codes of Conduct and the humanitarian principles.
27. Implementing and operational
partners and members of international civil society, are expected to adhere to
these core principles and have been encouraged to adopt the "Code of
Conduct for the International Red Cross and Red Crescent Movement and
Non-Governmental Organizations (NGOs) in Disaster Relief”.
Avoiding Reliance on
Military Resources:
28. The UN
humanitarian agencies and their implementing and operational partners rely upon
States to guarantee their security and to respect the principle of full and
unimpeded access to the affected population.
When security cannot be assured by the host government (e.g. when areas
are controlled by non state actors), and/or when there are difficulties
accessing the affected people, the UN humanitarian agencies and their
implementing and operational partners must rely upon their neutrality for
security and use negotiation as the primary means of gaining access to the
affected population. Therefore, the use of military and civil defence resources
should under no circumstances undermine the perceived neutrality or
impartiality of the humanitarian actors, nor jeopardize current or future
access to affected populations.
29. Furthermore,
most military forces provided by Member States explicitly for UN MCDA or
resources diverted from other missions by international military forces to
support humanitarian assistance, are only temporarily available. When higher
priority military missions emerge these forces are often recalled by the Member
States or regional organizations.
Therefore, as a general principle, UN humanitarian agencies must avoid
becoming dependent on military resources and Member States are encouraged to
invest in increased civilian capacity instead of the ad hoc use of military forces to support humanitarian actors.
30. However,
there are circumstances when most requirements or security conditions are such
that military resources provide the means of last resort for addressing the
needs in a timely, effective way. In
such cases, military resources, when available, may be appropriate for use. In general these resources can be divided
into two categories: United Nations
Military and Civil Defence Assets (UN MCDA) and resources from other deployed
forces.
31. The principal
distinctions between these two types of resources are that UN MCDA have been
placed under the control of the UN humanitarian agencies and deployed on a
full-time basis specifically to support UN humanitarian activities. Only a
limited number of these resources are normally available for most emergencies.
Other deployed forces are under the direction, and/or support of other entities,
normally have security related missions, and may or may not be readily
available. However, there may be
occasions when support to humanitarian activities forms a specific part of the
mandate.
When to Use Military and Civil Defence Resources to Support
Humanitarian Activities:
32. The decision of whether or not to use military and civil defence resources in a complex emergency is one that must be taken with extreme care. The expedient and inappropriate use of military and civil defence resources can compromise neutrality, impartiality and other humanitarian principles of all humanitarian actors responding to the emergency. This loss of neutrality can result in relief workers becoming direct targets of the belligerents and being denied access to the affected population, not only in the current emergency, but also in future humanitarian crises. In addition, the loss of neutrality can result in the affected population becoming direct targets of the belligerents. Ultimately, decision-makers must weigh the risk to relief workers and their ability to operate effectively at the moment, and in the future, against the immediacy of the needs of the affected population and the need for the use of military and civil defence assets.
34. The start and duration of any support to UN humanitarian activities by UN MCDA should be determined by the Humanitarian Coordinator upon the request or consent by the affected sovereign State. Where such a request or consent can not be obtained, subject to the exceptional circumstances caused by the emergency situation, the decision to that effect must be taken by the Humanitarian Coordinator in strict conformity with the UN Charter and corresponding decisions by the UN Security Council.
35. The use of
other deployed forces to support UN humanitarian activities is more
problematic. Many international
military forces provide assistance to the civilian population in their areas of
responsibility. While motivation for
this can be purely humanitarian and needs based, assistance can also be
motivated by a desire to legitimize missions, gain intelligence, and/or enhance
protection of forces. Unilateral support
of this nature can be inappropriate, lack longevity, and can disrupt assistance
that forms part of a coherent immediate and long term programme. While there is a need for humanitarian
activities to be divorced from political and military agendas, this must be
balanced with a clear need for a level of consultation and coordination that
ensures assistance provided by international military forces does not undermine
the legitimacy and credibility of humanitarian efforts.
36. Nonetheless,
other deployed forces often have resources that might be extremely useful in an
emergency and, bearing in mind paragraph 24
above, should not be ignored. The
primary considerations, which should be evaluated on a case-by-case basis, will
be the immediacy of the need, ability to fulfill needs with civilian assets,
and the impact on the perceived neutrality and impartiality of the assistance
effort. It must be also recognized that the availability of these resources is
often depending on the mission, capability and discretion of the commander.
Operational Standards
for the Use of UN MCDA:
37. The following
operational standards, in addition to the Guidelines Key Principles, are
provided to ensure that when UN MCDA are used they are in concert with the core
humanitarian and UN principles as well as international humanitarian law.
Civilian Control: Safety of UN MCDA is the
responsibility of the designated military or civil defence commander. However, to be effective, direction and
coordination of an overall humanitarian effort is a function requiring
professional humanitarian staff. As such, UN MCDA should always remain under
civilian control. Nevertheless, the degree of UN control of UN MCDA will be
different than the UN direction of other deployed forces performing ad hoc support tasks. In the case of UN
MCDA they will normally be in “direct support” of a UN humanitarian agency. The
missions within the agreed Terms of Reference will be assigned by the
Humanitarian Coordinator in consultation with the Emergency Relief Coordinator
(ERC) and the Inter-Agency Standing Committee (IASC).
At No Cost: UN MCDA, like all UN humanitarian
assistance, is to be provided at no cost to the affected State or receiving
agency. This should not result in assisting States’ cutting or reducing other
planned and programmed assistance, such as development aid resources, to
recover the cost of UN MCDA or other relief support.
38. In principle,
unarmed UN MCDA, accepted as neutral and impartial, and clearly distinguished
from other military units, can be used to support the full range of
humanitarian activities. However, their involvement in direct assistance should
be weighed on a case-by-case basis and only if it satisfies the criteria of
last resort. Their activities should focus on indirect assistance and
infrastructure support missions.
39. Military and
civil defence personnel employed exclusively in the support of UN humanitarian
activities should be clearly distinguished from those forces engaged in other
military missions, including the military component of peacekeeping missions,
peace operations and peace support, and accorded the appropriate protection by
the affected State and any combatants.
40. Acceptable
means for distinguishing UN MCDA from security and forces engaged in military
operations are the markings of the supported UN humanitarian agency or the use
of civil defence markings accorded protection under the Geneva Conventions.
When UN MCDA are from military organizations the appropriate white markings and
UN symbols may be used. When civil
defence assets are employed they should be marked in accordance with the Geneva
Conventions. Military forces cannot be
marked as civil defence forces. In all cases, movement of UN MCDA, including
entry to the UN peacekeeping mission area, must be cleared by the UN
peacekeeping mission headquarters.
41. Military
personnel providing direct assistance should not be armed and should rely on
the security measures of the supported humanitarian agency. Guidelines for the security of UN personnel
are set by the UN Security Coordinator. However, if military forces providing
indirect assistance or infrastructure support missions must be armed, for their
security and/or the safeguarding of their equipment, they will operate under
strict rules of engagement based on the Law of Armed Conflict and should take
account of advice and guidance by the Humanitarian Coordinator, Special
Representative, or other appropriate UN official, in consultation with the
Inter-Agency Standing Committee.
42. Under no circumstance
will the request for UN MCDA be construed as an endorsement of any military
operations or be used as a justification for undertaking combat operations,
resorting to the use of force, or the violation of State sovereignty.
43. Under no
circumstance will UN MCDA be used to provide security for UN humanitarian
activities. A separate security force may, however, be used to ensure security
in areas where humanitarian personnel may be attacked while delivering
humanitarian assistance. Such assistance, however, is not addressed in this
document. Further reference can be found in the Non-Binding Guidelines on The
Use of Military and Armed Escorts for Humanitarian Convoys (text of 14
September 2001 approved by the IASC Working Group).
Operational Standards for the Use of Other Deployed Forces:
44. Bearing
in mind paragraph 25, as well as paragraph 37 with regard to civilian control, in the case of other deployed
forces, the Humanitarian Coordinator will determine what humanitarian tasks
need to be done, what modalities must be respected, and request appropriate support. The supporting military or civil
defence commander will determine whether he/she can complete the task within
his/her means and capabilities given his/her primary mission requirements. Provided
that the means indicated by the military or civil defence commander respect the
principles of these guidelines, the Humanitarian Coordinator will then, or not,
authorise the tasks to be undertaken by the designated unit.
45. Under the
Hague Conventions, the Geneva Conventions and their Additional Protocols,
States have obligations under International Humanitarian Law. These include an obligation not to impede
humanitarian activities as well as responsibilities to grant access to the
affected populations and the safeguarding of relief personnel.
46. Military forces deployed by Member States or regional organizations whose primary missions are other than humanitarian support may also provide support to UN humanitarian agencies when requested by the UN Humanitarian Coordinator or other designated officials. When these forces undertake activities in support of UN humanitarian agencies or their implementing and operational partners, this support will be on a case-by-case basis, subject to a request. The military resources will remain under the control of the military force commander.
47. Military or
civil defence forces undertaking missions to support UN humanitarian activities
should reconcile their modus operandi
with the circumstances of the operating environment. Under these conditions
only, and provided the modus operandi
in question respects all appropriate humanitarian principles, should the
Humanitarian Coordinator, or other responsible UN authority, authorise the
mission.
48. Military forces, other than UN MCDA,
performing assistance missions are in principle not granted any special
protection nor are they authorized to display the emblems of the supported UN
humanitarian agencies.
49. When other deployed forces are UN
peacekeeping forces operating under the auspices of a UN Security Council
mandate, the degree to which these forces can be used to support humanitarian
activity will be determined by the head of the UN mission, based on the mandate
and capabilities of the peacekeeping force.
The mechanisms for coordination between the UN humanitarian agencies and
the peacekeeping force will also be established by this authority, with careful
attention to the coherence of the mission. In all cases, movement of military
and civil defence resources supporting humanitarian activities, including entry
to the UN peacekeeping mission area, must be cleared by the UN peacekeeping
mission headquarters. Further details
are to be found in the DPKO Policy on Civil-Military Coordination of 9
September 2002, as well as the Note of Guidance on Relations Between
Representatives of the Secretary-General, Resident Coordinators and
Humanitarian Coordinators, issued by the Secretary-General on 11 December 2000.
United Nations
Humanitarian Civil Military Coordination (CMCoord) in Complex Emergencies:
50. International
civilian organizations providing humanitarian assistance to the affected
population and international military forces, regardless of their missions,
should maintain some level of interface to ensure that the civilian population
does not suffer unnecessarily, that those in need receive the necessary
assistance, and that relief personnel are safeguarded to the maximum extent
possible.
51. Liaison in the midst of perceived or
actual offensive military activity should nonetheless take place even when a
cooperative arrangement cannot be reached with military forces. Even in the worst of situations a minimum
amount of liaison is required in order to protect personnel and assets from
unintended harm, limit competition for resources and avoid conflict.
52. In all cases, regardless of the mission or status of the military force, there will be a requirement for the sharing of information. Considerable humanitarian information can be gleaned by military forces going about their military business (e.g. state of the affected population, availability of key services and critical infrastructure). Operational security notwithstanding, military forces should endeavour not to classify this type of information and should make it readily available to appropriate UN humanitarian agencies through the civil‑military coordination structure. Conversely, UN humanitarian agencies should provide necessary information regarding their activities in order that any military operations can be reconciled with those of humanitarian actors. Even this basic level of information exchange will help to avoid inadvertent damage, disruption and destruction of relief assets and preclude unnecessary risks to humanitarian personnel and the civilian population.
53. Military forces providing assistance to the affected population, for whatever reason, should in normal circumstances coordinate such action with the UN Humanitarian Coordinator. Military forces deployed as part of a UN commanded peace operation should coordinate all humanitarian assistance with the UN Humanitarian Coordinator through the missions' civil-military coordination structure. Timely coordination of such actions will avert inappropriate action, allow, where necessary, appropriate military‑humanitarian delineation and promote an increased impact for the affected population.
54. Critical
areas for coordination include security, logistics, medical, transportation,
and communications. In these areas the
steady flow of timely information is essential for the success of humanitarian
missions. Within these areas there will often be opportunities for task
division and planning at both senior levels of the UN and the military and at
the field level.
55. One of the effective ways to share information, and when appropriate share tasks and participate in planning, is through the exchange of liaison personnel from the appropriate UN humanitarian agencies and the military at the necessary levels. The United Nations Office for Coordination of Humanitarian Affairs, Military and Civil Defence Unit (MCDU) offers training to military and civilian actors in civil military coordination and liaison in a complex emergency. Several UN humanitarian agencies have built up cadres of personnel experienced in liaising with military personnel. Trained liaison personnel are also available through the MCDU to UN humanitarian agencies and other actors responding to complex emergencies.
56. The affected State has primary responsibility for providing humanitarian assistance to persons within its borders. Even though UN humanitarian agencies have been requested by the affected State or the UN Secretary General to provide additional assistance, the affected State has the right to decline the use of UN MCDA or the use of other military and civil defence resources by UN humanitarian agencies on a case-by-case basis.
57. States
adopting a specific policy on the use of foreign UN MCDA within its borders may
consider making this position known to the UN Resident Coordinator and/or UN
Humanitarian Coordinator (if present), and the UN Office for the Coordination
of Humanitarian Affairs (OCHA).
58. States that permit UN humanitarian agencies to call on external forces or forces already deployed by other nations within their borders should make any restrictions on the use of these forces known to OCHA and should include these restrictions in the Status of Forces Agreements (SOFA) established between their governments and the governments or responsible alliance/coalition which have forces stationed in their coun