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NIB feasibility

A) Objectifs de l’engagement

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to an international armed conflict shall institute an official National Information Bureau for prisoners of war and other protected persons, who are in its power according to the GCIII, art. 122 and GCIV, art. 136. The National Information Bureau must register all persons of an adverse party held in its custody, and all known deaths resulting from hostilities, and transmit this information to the appropriate authorities, through the intermediary of the Protecting Powers and likewise of the ICRC Central Tracing Agency (CTA). In this way, it can be ensured that the family members of detained persons are informed about their whereabouts and state of health and that they are always accounted for. In addition, the administration of valuables of deceased prisoners of war and civilian internees falls under the responsibility of the NIB.

 

Resolution 14 on the National Information Bureau from the 25th International Conference of the Red Cross in 1986 notes the obligation of State Parties’ to the Conventions to establish such a Bureau and “considers the National Information Bureau to be one of the most effective means of protecting victims of armed conflicts” and “urges States Parties to the Conventions to consider taking such measures as may be necessary to institute their National Information Bureau in peacetime in order for it to fulfil its tasks as soon as possible at the outbreak of an armed conflict.”

 

This pledge is related to the resolution ‘Bringing IHL home: A roadmap for better national implementation of international humanitarian law’ as well as the resolution on ‘Restoring Family Links while respecting privacy, including as it relates to personal data protection’. Hence, the pledge relates to the fact that domestic implementation of international obligations plays a central role in fulfilling the obligation to respect IHL. The pledge is part of efforts in Denmark towards both adopting necessary administrative and practical measures at the domestic level to carry out analysis and preparation in relation to domestic implementation of the NIB, and at the same time taking effective measures to prevent persons from going missing and to clarify the fate and whereabouts of those who have gone missing.

 

To support the concerned prisoners of war and protected persons and their families, to know their whereabouts and state of health and to address humanitarian needs, the signing parties commit to:

 

– that DRC/Denmark will explore the feasibility of establishing a NIB in the DRC potentially utilizing the existing Restoring Family Links (RFL) case management system: Application for National Societies for Worldwide Enquiry and RFL services (FL Answers). The system is developed by the ICRC and implemented for use today in the Swedish NIB;

 

– that DRC/Denmark will outline the role of DRC in the context of a NIB, in accordance with its auxiliary role, and the agreed need for DRC to be able to respect the Red Cross Movement’s fundamental principles in any role it plays;

 

– strengthen the cooperation and coordination between the Danish Ministry of Defence (MoD) and the DRC regarding the establishment of a NIB providing that funding is made available;

B) Plan d’action

– A common Task Force with relevant authorities and the DRC has been established and has developed a flowchart identifying the process and steps necessary for the establishment of a NIB (by the end of 2020)

 

– Best practices have been identified from other European Red Cross National Societies including the RFL-network and the ICRC/CTA, and a NIB workshop bringing together practitioners and experts in Denmark hosted by the DRC has been held (by the end of 2020)

 

– The signatories have issued a joint report that aims to outline feasibility and modalities of how a NIB could be established and organized, potentially in the National Department of the DRC, and providing recommendations on the approach (by the end of 2020)

 

– The signatories have subsequently developed potential ways of collaboration between authorities in charge and the DRC and identified as necessary to establish a NIB (by the end of 2021)

 

– The signatories have identified the national legal and regulatory framework and if required suggested necessary amendments (by the end of 2021)

 

– The signatories are committed to explore a possible model for establishing the NIB that accommodates secure transmission of data between the State, the DRC and the ICRC/CTA (by the end of 2022)

C) Indicateurs permettant de mesurer les avancées:

– The DRC has hosted a NIB workshop for the ICRC/CTA and National Societies, which has NIB agreements with their respective States (before the end of 2019)

 

– The DRC has participated in NIB training, facilitated by the Swedish Red Cross (before the end of 2019)

 

– Thorough desk research and exchanges of experiences with relevant National Societies, the ICRC/CTA and the MoD has been commenced (before the end of 2020)

 

– All measures in terms of ensuring secure data transmission and the utilizing of FL Answers as a tool for centralizing information has been taken (before the end of 2021)

 

– The joint report, prepared by the signatories, is issued and presented to the appropriate decision-making apparatus of the DRC and Denmark (by the end of 2021)

D) Ressources nécessaires:

– The signatories have identified needs for resources that will be required to support the establishment and running of a NIB (by the end of 2021)

 

33IC-specific-pledge_MFA-DRC_NIB_final.docx