أ) أهداف التعهد
Humanitarian organisations are frequently denied the ability to reach crisis-affected populations and deliver principled humanitarian assistance in an effective and sustainable manner. In an increasing number of armed conflicts, impartial humanitarian organizations are not given the right or are unable to carry out humanitarian activities, as required by international humanitarian law. In contexts characterised by armed violence or natural disasters, crisis-affected populations are seeing their key human rights denied when humanitarian organisations cannot reach them.
Humanitarian actors are facing numerous access constraints both at political and operational levels. At a political level, non-compliance with IHL by parties to conflicts through unlawful denial of consent or the manner in which hostilities are conducted is blocking humanitarian access at critical moments. Additionally, bureaucratic and administrative obstacles are frequently imposed. As well, restrictive measures and counterterrorism laws have at times unintended negative consequences for humanitarian access. At an operational level, the main challenges include environmental and physical constraints, security concerns, and administrative obstructions to services and assistance such as limitations on movement within countries.
These constraints vary in intensity and nature across different contexts but often result in delayed or hindered delivery of aid, increased risks for humanitarian personnel, and in some cases, complete inability to reach affected populations.
It is crucial that political efforts are increased to ensure worldwide compliance with IHL and Human Rights Law. Additionally, at operational level, donors must endeavour to ensure that humanitarian organizations have the resources and are fully capacitated to overcome the different operational challenges.
The EU and its Member States, in accordance with their respective competences, pledge to:
- recognize humanitarian access as a key priority and strengthen the policy framework;
- use the EU’s political and diplomatic efforts in support of sustained humanitarian access at global and country levels;
- continue to transpose and operationalise well-framed humanitarian exemptions into restrictive measures at the EU level, as well as advocate for the adoption of all necessary legislative, regulatory and practical measures regarding counter-terrorism measures and domestic law to ensure effective humanitarian access in line with IHL.
The EU Member States pledge to:
- implement in good faith and in accordance with the relevant EU and national legislation the obligation to allow and facilitate humanitarian activities, in particular by ensuring that their armed forces comply with such obligation, subject to their right of control. Such implementation should include for instance: simplifying and expediting entry-visa procedures for personnel participating in humanitarian operations; granting permits for the passage of humanitarian supplies, equipment, and personnel, allowing the import of telecommunications equipment for the exclusive use in humanitarian operations without restrictions; exemptions of certain taxes (such as VAT), charges or customs on humanitarian items; expediting customs procedures and granting priority to consignments of humanitarian supplies and equipment;
- ensure that the IHL obligation to respect and protect humanitarian personnel is effectively incorporated in the national framework, notably by warranting that domestic legislation does not criminalize the provision of humanitarian activities, including medical activities, that are carried out in a manner consistent with IHL.
ب) خطة العمل:
The EU and its Member States, in accordance with their respective competences, intend to:
- promote at bilateral and multilateral level the preservation of principled humanitarian action, notably by ensuring that parties to armed conflict comply with their IHL obligations on humanitarian access and activities;
- support the development of guidance documents aimed at ensuring that the implementation of restrictive measures is consistent with IHL and does not hinder principled humanitarian action;
- exchange, in relevant forums, examples of good practices and measures that can be taken to respect and ensure respect for obligations stemming from international law pertaining to the delivery of humanitarian assistance;
- contribute to the overall strengthening of analysis and tools aimed at supporting humanitarian actors in securing humanitarian access;
- support capacity building initiatives for individuals and organisations undertaking humanitarian negotiations and engaging with armed actors;
- support the humanitarian community coordination efforts with respect to humanitarian access initiatives;
- provide to humanitarian organisations, international and in country logistics services (i.e. transport, warehousing, communication) that are safe, reliable, and necessary to address specific needs in crisis contexts that allow for such services to be made available.
ج) مؤشرات قياس التقدم المحرز
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د) الآثار المترتبة على الموارد:
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