By Nicola Reindorp, UN Representative
Oxfam InternationalApril 9, 2003
From the outset of war in Iraq, Oxfam has been focused on three central concerns:
i) The vulnerability of Iraq's civilian population after decades of war, human rights abuses, national mismanagement, and twelve years of sanctions;
ii) That warring parties uphold their obligations to protect Iraqi civilians and adhere to international humanitarian law. Right now, the growing threat from disorder in Baghdad and Basra, as well as fighting, has huge implications for civilians. It also has huge implications for the provision of humanitarian assistance. We believe it is vital that the coalition forces shoulder their responsibility as occupiers to ensure law and order.
iii) That adequate and appropriate humanitarian assistance is provided to civilians in need - in exceptional circumstances by military forces, but as soon as security allows, by civilian humanitarian organizations
And, although we remain preoccupied with the immediate needs of people on the ground, Oxfam's latest briefing note on the role of the UN in Iraq's reconstruction sets out our belief that the Iraqi people should be at the heart of the reconstruction of Iraq and that the UN should be enabled and authorized to play the central role in any political transition in Iraq.
My brief comments will touch upon these concerns and Oxfam's programme on the ground.
1. Description of what Oxfam is doing
On the ground, Oxfam has focused on using our expertise in the provision of water and sanitation to prepare for any refugee flows, to support UNICEF in its key role in the coordination of water and sanitation in Iraq through the secondment of staff, and preparing to assist inside Iraq as soon as security permits.
We have constructed the water and sanitation for camps in Jordan and Syria and currently have small teams in Jordan, Syria and Iran who are working closely with governments and UN agencies. These teams have a dual role - to prepare for any potential refugee flows, and to gain entry to Iraq as security permits.
Oxfam will work inside Iraq as soon as we are able to, when security and conditions allow. It is likely we will work with UNICEF – the UN agency with responsibility for water and sanitation. Initial work will concentrate on assessment combined with installation of temporary water systems in response to the immediate needs of vulnerable people.
In addition, this week, Oxfam funded an 11-tonne consignment of aid into Iraq from Jordan by aid consortium All Our Children. The truckload full of medicines, soap and detergent went to Baghdad to be dispatched to central and southern Iraq to help more than 14,000 malnourished Iraqi children in 68 hospitals and pediatric wards.
2. Refugee Movements
As we see it/as NGO colleagues have described it, the situation is characterized by fluidity and uncertainty, not least for Iraqi's civilians. The pattern of continuing conflict presents a patchwork of areas that are intensely insecure
To date, there have been minimal refugee flows across Iraq's borders. There are reports of newly displaced people, and populations up toward the north eastern border, but Oxfam has not been in a position to verify this.
As is clear from the presentations of other colleagues, there are impediments to the movement of any civilians seeking asylum, whether fear of losing property, or the threat of landmines, coercion. and threats from authorities, and the uncertainty that fleeing will be even worse than staying.
As Coalition forces secure rural areas, it becomes increasingly unlikely that people will flee Iraq. But the situation is very fluid, and the picture across the country, very uncertain.
3. The protection of civilians
Oxfam continues to be deeply concerned by the casualties and suffering of Iraq's civilian population, as a result of either fighting or increasing disorder.
From what we know of the situation in Baghdad, the threat posed to the protection of civilians is greater than ever. The tactics and weapons used by all sides are a critical test of the belligerent's commitment to uphold its obligations under international humanitarian law.
International Humanitarian Law imposes an unavoidable responsibility on warring parties to take all necessary precautions to avoid loss of civilians life by refraining from indiscriminate attacks; preserving the infrastructure upon which the civilian population depends and allowing free passage of humanitarian relief.
Over the past weeks, we have had a number of concerns in relation to these obligations over the past 3 weeks. How much they will be crucial in the next depends on events.
Looking at the current situation a major preoccupation is the impact on civilians, and any humanitarian response, of the civil disorder in key cities.
Today's events in Baghdad make us increasingly concerned that far worse disorder may scar much of the capital, as well as have impact on other cities.
It is essential that the Coalition forces demonstrate that they accept their responsibilities and are prepared on the ground to exercise this.
All parties to the conflict are responsible for respecting International Humanitarian Law. It is the responsibility of the whole international community to ensure that they do. Occupying Powers have particular obligations, including restoring order. We are urging UN member states to use all channels to impress upon all the warring parties the expectation that they uphold their obligations under International Humanitarian Law.
4. Civil military
We also concerned by the role of the military in the provision of relief assistance to Iraqi civilians. Warring parties have an obligation to protect and care for civilians, and to provide civilians with food and medical care as long as insecurity prevents civilian humanitarian agencies from operating. Under the Fourth Geneva Convention, any Occupying Power has particular obligations to ensure the supply of food and medical assistance, and the maintenance of public health.
But while these obligations - for warring parties to ensure access, and of Occupying Powers to ensure provision to the civilian population with the means at their disposal - this does not necessarily mean that military forces should provide food, water or supplies directly.
In the exceptional circumstances - where it is simply too insecure for civilian humanitarian agencies, warring parties must provide life saving assistance and meet water and sanitation needs of the civilian population. This is essential to save lives.
But aid for civilians is best delivered by civilian humanitarian agencies. Military involvement in relief provision blurs the boundaries between military strategy and the independent action of impartial humanitarians. Military involvement can compromise the effective delivery of aid and lead to unintended consequences, potentially threatening the security of civilian aid workers.
We have seen that aid provided by the military has not always been appropriate, well targeted, nor reaching the most vulnerable.
The focus of the military must be to achieve greater levels of security for the civilian population, which will humanitarian organizations like Oxfam to operate, under the coordination of the United Nations humanitarian agencies.
5. The future role
We remain preoccupied with the immediate needs of people on the ground. But Oxfam's latest briefing note on the role of the UN in Iraq's reconstruction sets out Oxfam's primary concern that the Iraqi people should be at the heart of the reconstruction of Iraq and that the UN should be enabled and authorized to play the central role in any political transition in Iraq.
We fear that any interim authority that is perceived to be handpicked by the Occupying Power will not be seen as credible by the people of Iraq, nor the wider region, and may provoke insecurity and thus a threat to the civilians of Iraq and the wider Middle East.
We have argued that the UN must be given a clear leadership mandate for the immediate aftermath of the war and should establish an Iraqi transitional authority early on. We believe the UN should not be asked to play a subordinate role to the effective leadership of coalition governments.
The UN should then play a strong role in supporting national reconciliation, the re-establishment of a national civil administration and protection of civilians.
It is vital that the UN is not set up to fail. Full support from the Coalition forces – both financially and politically – is evidently essential. A clear, credible and achievable mandate from the Security Council is critical. Support from the Coalition is also essential when it comes to security, as the UN may not have the capacity to maintain security and protect the civilian population. However, Oxfam believes that it is important that the allied forces work under, or in coordination with, the UN authority.
With regard to reconstruction, it is the responsibility of the coalition forces to meet the costs of direct war damage. But successful reconstruction will depend on local ownership and leadership by Iraqis alongside long term support, including aid and debt relief, from the international community.
But to return to our primary current concern:
Conflict continues and insecurity for civilians persists. All parties to the conflict are responsible for respecting International Humanitarian Law. It is the responsibility of the whole international community to ensure that they do. We are urging UN member states to use all channels to impress upon all the warring parties the expectation that they uphold their obligations under International Humanitarian Law.
International Humanitarian Law impose an unavoidable responsibility on warring parties to take all necessary precautions to avoid loss of civilians life by refraining from indiscriminate attacks; preserving the infrastructure upon which the civilian population depends and allowing free passage of humanitarian relief.
More Information on the Iraq Crisis
