Following consistent blockade
of aid delivery by local authorities in regions controlled by Al-Shabaab, the
International Committee of the Red Cross (ICRC) announced that it has suspended all food and seed distributions to the areas until
local authorities cooperate in maintaining secure and unobstructed access to
populations in need. The current situation in Somalia has heightened on-going
dilemmas of humanitarian access. According to UNOCHA, while the humanitarian need
of populations should determine where relief efforts are directed, the prevailing
security environment remains a deciding factor in the ability of professionals
to operate. Humanitarian relief efforts require the assurance of a secure environment
and unimpeded access in order to effectively deliver aid to affected
populations. If the conditions for humanitarian assistance are undermined or
impeded, aid is jeopardized.
Humanitarian
organizations face a constant challenge as they implement their activities
according to international humanitarian law in complex environments. Under IHL,
humanitarian assistance is deemed to be independent, impartial, and neutral.
Its core purpose is to support authorities in the fulfilment of their obligations
to provide for the needs of the populations under their control. While there is
a dilemma regarding the actual responsibilities of the Al-Shabaab movement to
the Somali population under their control, Article 3 of the IVth Geneva Convention recognizes the Al-Shabaab movement as the practical
counterpart to the ICRC in negotiating access. In particular, negotiation at
the political level must take place in order to ensure that local and national
authorities maintain adequate access to populations in need, recognizing the
mandate of humanitarian organizations and their requirements in terms of
operational independence.
There has yet to be a
consensus on means and methods to seek the consent of local authorities in
these circumstances, as well as the type of support expected from them in ensuring
the security of staff and the delivery of assistance. Despite the need to
operate under the principles of humanitarian action, aid workers must obtain
guarantees of safety, for example through escort by local authorities and
assurance of safe passage through controlled areas to reach populations in
need. Ultimately, there are no clear prescriptions regarding the acceptable
level of risks in view of the particular humanitarian benefits. Absence of a
proper method to do a cost-benefit analysis complicates the elaboration of protocols
of access.
As noted by UNOCHA,
daily assessments of security in a given environment are critical to ensuring
that humanitarian operations are implemented whenever and wherever possible. Considering
the complexities of working in dangerous and highly complex environments, such
as Somalia, humanitarian professionals must come to a consensus regarding means
and methods to effectively deliver aid.
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