Regional Workshop on “Strengthening the Facilitation and

Regulation of International Humanitarian Response in the

MENA Region”

Final Report

Qatar, 19-20 December 2013

The International Federation of Red Cross and Red Crescent Societies (IFRC) would like to thank

Qatar Red Crescent (QRC) for hosting the event and the Norwegian Red Cross (NRC) for their

generous support to the Disaster Law Programme (DLP) in the MENA Region.

The regional “Workshop on Strengthening the Facilitation and Regulation of International

Humanitarian Response in the MENA Region”was organized by the IFRC in partnership with

Qatar Red Crescent (QRC).

The workshop gathered representatives from five National Societies (NS) from the region

namely Jordan, Lebanon, Morocco, Tunisia and Qatar. The workshop also included

representatives from the Office of the Coordination of Humanitarian Affairs (OCHA), the

International Committee of the Red Cross (ICRC), the League of Arab States (LAS) as well as well

as senior representatives from the Arab Red Crescent and Red Cross Organization (ARCO).

The workshop received high media coverage and its proceedings were covered live by Al

Jazeera TV during the two days.

The workshop included presentations and group discussions from practitoners on the

regulatory problems they face in providing and/or coordinating international disaster response

followed by presentations on the existing regional and international frameworks for

international relief as well as the related regional efforts in this regard. This was combined with

group discussions guided by simulation exercises and questionnaires. The experience of

Lebanon in upgrading its legal framework for disaster management was presented as a good

model from the region. Participants were also informed about the main findings and

conclusions of IFRC’s research on regulatory issues in international disaster response as well as

some newer areas of work related to disaster risk reduction and prost-disaster shelter. At the

end of the workshop, the participants developed national action plans that spell out their

Background

Acknowledgments

priorities for strengthening the facilitation and regulation of international response in their

countries with the support of IFRC in addition to elements fora regional plan.

Day one

Day one stared with opening remarks by Dr. Fawzi OUSSEDIK, Head of International Relations

and International Humanitarian Law (IHL) and Mr. MUHANADI from QRC followed by opening

statements by Mr. Mohamed BABIKER IFRC Gulf Regional Representative, Dr. Taher CHINITY,

IFRC Governing Board Member and Secretary-General of the Tunisian Red Crescent (TRC)

Society, and Abdullah AL HAZAA, Secretary General of ARCO. The speakers focused on the

importance of supporting the efforts aimed at facilitating and regulating international relief in

the MENA region given the paramount need for it and in the light of the escalating disasters

and crises in the region.

Regulatory Problems in International Disaster Response

Mr. Ivo FREIJSEN, Head of OCHA’s Regional Office for MENA, started the session by discussing

the importance of legal and policy frameworks to facilitate international relief in large

emergencies and presented briefly OCHA’s partnerships with related international

organizations, including IFRC, on the matter.

Mr. Bassam MOKDAD, Head of Beirut District and RDRT member at Lebanese Red Cross (LRC),

presented the experience of his organization in providing relief, especially in the context of the

Syria crisis. He addressed the main barriers LRC is facing in delivering relief, including visas for

international relief personnel and customs barriers to the entry of relief goods and materials.

Mr. MOKDAD added that with the absence of laws and policies to regulate the matter, personal

contacts with related decision makers are being used to facilitate relief operations.

Furthermore, he highlighted the need for having a team within LRC to follow up the processes

for external relief and for working on facilitating external donations. He concluded his

Proceedings

presentation by stressing the importance of developing laws and policies for the facilitation of

international humanitarian response to replace the non-institutional way of doing things that is

being currently used.

Mr. Ahmed KRIMI, Projects Coordinator at TRC, presented his organization’s experience in

offering relief during the Libya crisis. He noted a few existing laws that give TRC some privileges

while shedding light on a number of gaps in existing Tunisian laws and policies. He highlighted

the challenges TRC faced during the crisis, which included the lack of official mandate for TRC

during disasters, lack of internal and external coordination between related actors, mismatch

between the needs and the received aid. He added that despite the barriers and complications,

the government through the Ministry of Foreign Affairs was helpful in providing directions to

facilitate customs regulations for people and goods, however, these measures were adopted on

an ad hoc basis.

Finally, Mr. BABIKER presented some experience from the IFRC in providing international

assistance, including challenges faced in field operations such as the difficulty in getting visas

and needed permissions for entry of relief goods and materials. He added that even when

permissions have been granted by one official, in many cases, other officials were not

necessarily informed or willing to comply. He also added that the movement within the

affected country can sometimes be impeded by local people of less affected regions who seek

to have a share in the relief materials.

Following the above presentations, participants discussed their own experiences of regulatory

challenges in international humanitarian response. While the major challenges that were

identified concurred with the ones presented by the speakers in terms of visas and custom fees,

participants also added issues related to obtaining residence permits for personnel and tax

exemptions for medications, equipment and other material, as well as the difficulty in opening

bank accounts (due to the barriers faced by relief personnel and organizations in acquiring a

legal personality), and the difficulty in making fund transfers. NSs concluded that strategies and

laws and procedures for relief are needed and that they should play a bigger role with their

governments in their capacity as auxiliaries to these governments. They also added that NSs

should ensure adequate internal organization and coordination. Finally, participants highlighted

the need for playing an advocacy role for the proper implementation of the laws.

Overview of the International and Regional Frameworks for International Relief

Mr. David FISHER, Global Coordinator for DLP at IFRC, provided an overview of the existing

international norms for international disaster response. While highlighting the fact that there is

no comprehensive international legal regime governing international disaster assistance, Mr.

FISHER identified the relevant legal instruments, including sectoral treaties and a growing

number of regional treaties and soft law instruments that exist around this issue. He added that

while these instruments are available, their collective impact on improving cooperation in

international disaster response operations has been disappointing, resulting in many

unnecessary chaos, delays, costs and inadequate aid in recent relief operations. Mr. FISHER

then presented the work that IFRC has been undertaking since 2001, which resulted in the

development of the Guidelines on domestic facilitation and regulation of international disaster

relief and initial recovery assistance (also known as “IDRL Guidelines”). He explained the

importance of these guidelines as recommendations to states on how to prepare their domestic

legal and institutional frameworks in a way that facilitates international humanitarian response.

He concluded by discussing the global progress achieved so far by governments using the

Guidelines to strengthen their laws and procedures.

Mr. Ahmed SULEMAN, Cooperation Delegate from the Kuwait Regional Delegation of the ICRC,

presented the provisions of international humanitarian law (IHL) related to the facilitation and

regulation of humanitarian relief in international and non-international armed conflict. He

addressed the conditions where IHL applies as well as the obligations that it entails, elaborating

on the rights of states and humanitarian organizations willing to undertake relief actions.

Ambassador Hesham YOUSSEF, Advisor to the Secretary General at LAS, presented the role of

LAS in delivering humanitarian assistance, pointing out the challenges LAS and its members

faces in promoting appropriate response and relief, especially in armed conflict areas. Mr.

YOUSSEF highlighted the major achievements of LAS thus far in promoting effective

humanitarian assistance, made possible through the support of NSs and other CSOs. He added

that further efforts should be deployed to make aid correspond better to the needs. He

concluded by stressing three points; the importance of the implementation of the Arab

Cooperation Agreement Regulating and FacilitatingRelief Operations, the need for an increased

coordination between relief actors, and the importance of establishing a network between the

humanitarian actors in the region. Finally, he stressed the important role that media should be

playing in raising awareness on the urgent humanitarian situations in the region.

Dr. Fawzi OUSSEDIK presented the draft Gulf Cooperation Council (GCC) manual on cross-

border relief. He highlighted the fact that this manual is aligned with IFRC’s IDRL Guidelines and

Model Act but also reflects the specificity of the region. He stressed the urgent need for

developing a legal framework as a reference for any international relief action. He added that

this manual is a first step that might lead to a more formal approach to the issue by GCC

countries, such as through the signature of an agreement or the development of further related

instruments and tools.

After the above presentations, participants were engaged in simulation scenarios to explore key

issues in international and regional frameworks for international relief.

Day two

Strengthening Domestic Laws and Procedures for International Response in the MENA Region

Day two started witha presentation of the Lebanese experience in upgrading its legal

framework for disaster management, which was given by Colonel Jean FARAH, Chief Secretary

of Army Staff for Operations at the Lebanese Army. Col. FARAH presented the process that led

to the development of the National Framework for National Response during Disasters and

Crisesin addition to the National Committee for the Coordination of Disasters and National

Crisis Response. He stressed the importance of this plan in coordinating response efforts of all

related actors. He also pointed out the draft law that would establish a Disaster Risk

Management Authority, adding that this draft law is currently with the related parliamentary

committee, which is looking into its adoption.

National Laws and Policies for International Disaster Response and Emerging Issues in

Disaster Law

Ms. Joyce HAKMEH, Regional Legal Consultant for the DLP at IFRC, presented an overview on

the national laws and policies for the facilitation and regulation of international humanitarian

assistance in the MENA region. She started by focusing on the disaster risk profile of the MENA

region, which is witnessing an increased vulnerability from natural disasters on its people and

economies. She then introduced the main findings so far of the research project that the MENA

Zone at IFRC has launched. She pointed out the fact that, in the surveyed countries, national

laws regulating international humanitarian response exist but they are not comprehensive and

there are still many gaps. She added that in the absence of national laws, personal contacts in

MENA are commonly used to facilitate international relief operations. Even when laws exist,

not all stakeholders are aware of them. She concluded by saying that challenges to the

facilitation and regulation of international humanitarian response in the region are big,

however, resources and tools do exist and the work of IFRC in this regard can be of tremendous

value to enhance the situation.

Mr. FISHER then gave a presentation that provided the participants with models of legal

framework from outside the region as well as the Model Act on IDRL. He also gave an overview

on new areas in disaster law which may be of future interest in the region, i.e. DRR legislation

and regulatory barriers to shelter.

Way forward, Conclusions and Recommendations

Based on the presentations given during the workshop as well as the group discussions,

participants were asked in the final session to develop action plans for their own follow-up

work toward enhancing the situation of the legal and policy frameworks for international

humanitarian response operations in their countries. Participants were also asked to give their

thoughts on elements for a regional plan. The resulting plans were announced by Mr. BABIKER

at the end of the session.1

1 The detailed actions plans are included in this report as Annex 1.

Annex 1: National Action Plans and Elements for a Regional Plan

Country Activities/projects for short term

Activities/projects for long term

Role of National Society

Role of IFRC

Lebanon Establish a disaster law (DL) team from within the NS

Circulate among NS branches to choose interested and qualified members

Support and train the team

Deploy efforts to support the ratification of the National Framework for National Response during Disasters and Crises

Follow-up and assist the official entities

Disseminate IFRC/OCHA/IPU Model Law to related government bodies

Facilitate its delivery to the government bodies and follow-up the legislation of relevant provisions as needed

Provide support

Establishing a National Task Force in partnership with the government

Nominate the members of the National Task Force (which would include the members of the DL team)

Support and train the team and participate through the appointment of an advisor/observer member

Implement national workshops with the government

Organize and participate

Provide support and participate

Establish a database on DL and disseminate knowledge products

Disseminate DL products on NS website and on the websites of related

Provide support

official entities

Jordan Establishing a Disaster Law (DL) team from within the NS

Disseminate the project to all NS members

Provide support

Develop scenarios through which international disaster response law can be applied

Organize lectures to increase the knowledge

Conduct workshops with the government to spread the concept of IDRL

Liaising with the government

Establish a team specialized in IDRL from the High Council ofCivil Defence

Liaise with the High Council to establish the team

Establish a database on IDRL

Assist in the information gathering process

Provide support

Morocco Establish a Disaster Law (DL) team from within the NS to include volunteers with legal background

Disseminate among volunteers and form the team

Provide technical support

Develop a list of existing Moroccan laws and acts related to IDRL

Initiate and facilitate Provide technical support

Prepare a comparative paper on the existing relevant laws and compare it with IFRC’s Model Law

Facilitate the process Provide financial and technical support

Develop a file to fill the gaps with regard to IFRC’s Model Law

Develop the required file and communicate with the relevant authorities

Provide support

Develop a file to fill the gaps with regard to Hyogo Framework of Action

Develop the required file and communicate with the relevant authorities

Provide support

Tunisia Prepare a list of interested focal points and coordinators on DL

Provide support

Establish a database on national legislation related to IDRL

Provide support and share experiences and best practices

Spread knowledge and awareness on the laws and stimulate interest with relevant bodies

Play an organizing and stimulating role

Provide support

Establish a national task force on IDRL in partnership with the government

Include all related actors (Customs, Centre for Legal Studies, Ministry of health, etc)

Provide support

Develop a new law on IDRL in partnership with LAS

Play an organizing and stimulating role

Provide support

Establish partnerships with relevant regional and international bodies

Qatar Prepare a list of interested focal points and coordinators on DL

Advocate, motivate and support

Provide support

Establish a database on national legislation related to IDRL

Spread knowledge and awareness on the laws and

stimulate interest with relevant bodies

ARCO Provide needed support to IFRC in its efforts to support NSs

Elements for a Regional Plan:

Forming a regional group with specific tasks and duration in order to:

1. Prepare a database on human resources related to IDRL from the region 2. Compile all national laws related to IDRL from the region

3. Present the gathered laws to experts to compare them with the general directions of the

IDRL Guidelines 4. Prepare a portfolio to the League of Arab States on the above findings

5. Establish a technical team to support this initiative

Annex 2: List of Participants

Country Name Position Organization Email

1. Lebanon BassamMokdad Head of Beirut District-DMU, RDRT member

Lebanese Red Cross bassammokdad@hotmail.com

2. Youssef Hanna Boutros Head of North District-DMU

Lebanese Red Cross albalileh@hotmail.com

3. Jean Farah Chief Secretary of Army Staff for Operations

Lebanese Army jeanfarah@gmail.com

4. Tunisia Taher El Chinity Governing Board Member Secretary General

IFRC Tunisian Red Crescent

hilal.ahmar@planet.tn

5. Ahmed Krimi Projects’ Coordinator Tunisian Red Crescent ahmedcrt@yahoo.fr

6. Morocco Mohamed Bendali Director of Response, Youth and Disaster Management

Morocco Red Crescent bendalimed@gmail.com

7. Jordan Motlaq Al Hadid Youth Department Jordan Red Crescent anwar.jamal@jnrcs.org

8. Qatar FawziOussedik Head of International Relations and IHL

Qatar Red Crescent oussedik@hotmail.com

9. Khaled Diab Head of Relief and International Development Department

Qatar Red Crescent

10. Sabrina Meddour International Humanitarian Movement Coordinator- General Secretariat

Qatar Red Crescent sabrina.meddour@qrcs.org.qa

11. Hesham Youssef Advisor to Secretary General

League of Arab States (LAS)

heshamyoussef@yahoo.com

12. Ivo Freijsen Head of Office Office of the Coordination freijsen@un.org

of Humanitarian Affairs (OCHA) in MENA Region

13. Ahmed Suleman

Cooperation Delegate, Kuwait Regional Delegation

International Committee of the Red Cross (ICRC)

asuleman@icrc.org

14. Abdullah Al Hazaa Secretary General Arab Red Crescent and Red Cross Organization (ARCO)

alhazaa_abdullah@arabrcrc.org

15. AbdelAzizMahmoud Al

Racheed

Responsible for Planning and Development

Arab Red Crescent and Red Cross Organization (ARCO)

rashiad@arabrcrc.org

16. Mohamed Babiker Regional Representative for the Gulf

IFRC mohamed.babiker@ifrc.org

17. Joyce HAKMEH Regional Legal Consultant- MENA Zone

IFRC Dlp.mena@ifrc.org

18. David FISHER Global Coordinator- Disaster Law Programme

IFRC David.fisher@ifrc.org