By Mr Bouvier.
Origins of ICRC :
- 1859: battle Solferino (France, italy and Austria).
- 1862: publication A memory of Solferino.
- 1863: founding International Committee for relief to the wounded.
- 1864: adoption of the Geneva Convention for the amelioration of the condition of the wounded armies in the field.
Development international humanitarian law. Important role of ICRC to this development (for instand to the development until Ottawa Convention on landmines).
Here we considere humanitarian law as what States are ready to accept.
Structure of ICRC:
Dual character:
- in terms of its organization, ICRC is a private association incorporated under Swiss land.
- In terms of its activities, ICRC has a distinct international status due to the public international functions it performs.
à Between intergovernmental and nongovernmental organization. Local institution with international mandate and personality.
Association on Swiss law is a simple legal form.
ICRC action:
At the beginning of the hostilities, the ICRC reminds the parties of their obligations under international humanitarian law, offers its services, evaluates needs and acts in favour of victims.
Definition of humanitarian law (unofficial definition, but commonly accepted):
Principles and rules which set limitations to the use of violence during armed conflicts, in order to:
- spare those persons (“civilians”) not directly involved in hostilities.
- Limit the effect of violence (even to “combattants”) to the amount necessary for the purpose of war. The goal is not to stop violence but at least to limit it.
People protected by humanitarian law:
Prisoners of war, military wounded and sick if not fighting any more, troups (reference to civil war, if recognized by State, for instance Colombia) and civilian population (with additional protection for children, women, refugees and IDPs).
ICRC activities:
- Conventional tasks in international armed conflict: visit and interview without witnesses of prisoners of war, provide relief to protect civilians, prisoners of war...
- Conventional and extra-conventional “right to initiative”: more used because broader implementation.
Different types of operational activities:
- Protect (civilians, deteinees, restoring family links),
- Assist (health, economic security, water, habitat),
- Preventive action (making the rules known).
Presence:
81 delegations.
more than 12.000 employees.
Resources of ICRC:
Voluntary contributions of States, not fixed.
Half of the budget expense in Africa, then Asia and Pacific and then Middle East.
For more informations please go on ICRC web site: www.icrc.org
Suzanne Roset.
Monday 17th March 2008: Human Rights Council, afternoon session
Review, Rationalization and Improvement of mandates (RRI)
Review of the mandate of the Special Rapporteur on situation of human rights in Myanmar
Slovenia, speaking on behalf of the EU, introduced this mandate. It recognized the fact that this mandate, established in 1992, has proven its usefulness in addressing human rights situation in Myanmar.
The Special Rapporteur has made a comprehensive work in a non-cooperative environment. Indeed as Mr. Pinheiro, the Special Rapporteur on situation of human rights in Myanmar has explained that since his appointment in 2000, he has been able to visit the country only seven times. Between 2003 and 2007, he was not allowed by the Myanmar authorities to access the country.
The EU and Mr. Pinheiro are deeply preoccupied by the situation of human rights in Myanmar.
Slovenia stressed different human rights violations such as
‘the continued imposition of restriction on the freedoms of movement, expression, assembly and association, prevalence of a culture of impunity, ongoing summary executions, torture, and forced labour practices, recruitment of child soldiers and sexual violence … the great number of political prisoners … ongoing large scale arbitrary land confiscation’.
According to Slovenia, Mr. Pinheiro and other countries such as Canada, the Republic of Korea, Japan, Sweden or the USA, this mandate should be renewed because it ‘allowed those inside the country to overcome the internal obstacles and to voice their concerns to the United Nations’ (Mr. Pinheiro’s speech).
This mandate is an important tool for the International Community to be aware of the situation and to ‘hear’ the voice of those who are suffering.
Pakistan (on behalf of the OIC) and China expressed their opposition to country-specific mandates because this kind of mandate has no positive impact but leads only to conflicts. It recommends dialogue and cooperation. As Myanmar is in a political transition process, trying to establish a peaceful and stable democracy, the International Community should testify more support to Myanmar.
Pakistan added that the UPR is a sufficient tool to review the commitments of Member States to human rights.
Myanmar criticised this mandate and as it will be reviewed under the UPR, it esteemed that this mandate is no longer required. Furthermore, it accused the Special Rapporteur to have used unfounded allegations (based mostly on rumors and unreliable sources).
Pakistan (on behalf of the OIC) and China expressed their opposition to country-specific mandates because this kind of mandate has no positive impact but leads only to conflicts. It recommends dialogue and cooperation. As Myanmar is in a political transition process, trying to establish a peaceful and stable democracy, the International Community should testify more support to Myanmar.
Pakistan added that the UPR is a sufficient tool to review the commitments of Member States to human rights.
Myanmar criticised this mandate and as it will be reviewed under the UPR, it esteemed that this mandate is no longer required. Furthermore, it accused the Special Rapporteur to have used unfounded allegations (based mostly on rumors and unreliable sources).
Mr. Pinheiro explained that he has created his own channel of information through 'reliable Civil Society Organizations, NGOs and individuals'. He has no interest to be against the Government of Myanmar
MJ
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