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Report on Strengthening the Statutory and Legal Base EN CD/15/16 Original: English For information COUNCIL OF DELEGATES OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT Geneva, Switzerland 7 December 2015 Joint ICRC/International Federation Commission for National Society Statutes Strengthening the statutory and legal base instruments of National Red Cross and Red Crescent Societies Report August 2013 – July 2015 Document prepared by the Joint ICRC/International Federation Commission for National Society Statutes in consultation with National Societies Geneva, October 2015 CONTENTS EXECUTIVE SUMMARY……………………………………………………………………………1 i. Introduction…………………………………………………………………………………….2 ii. Strengthening the legal and statutory base instruments of National Societies: Maintaining the momentum of past commitments……………………………………...3 iii. Strengthening the legal and statutory base instruments of National Societies: On achievements and the progress made………………………………………………..4 iv. The Joint Statutes Commission’s new approaches and the way forward………….6 v. Conclusion……………………………………………………………………………………..8 ANNEX I: Council of Delegates, 2011: Resolution 4 on “Revision on National Society Statutes and legal base”………………………………………………………………………….9 ANNEX II: 31st International Conference, 2011: Resolution 4 on “Furthering the auxiliary role: Partnership for stronger National Societies and volunteering development”……………………………………………………………………………………...12 ANNEX III: Council of Delegates, 2011: Resolution 7 on “National Societies Preparing for and Responding to Armed Conflict and Other Situations of Violence”……………13 ANNEX IV: List of Communications of the Joint ICRC/International Federation Commission for National Statutes (August 2013-July 2015)...…………………………...14 CD/15/16 1 Report of the Joint ICRC/International Federation Commission for National Society Statutes on Strengthening the statutory and legal base instruments of National Red Cross and Red Crescent Societies EXECUTIVE SUMMARY This Report is submitted as a follow-up to Resolution 4 on the “Revision of National Society Statutes and legal base”, adopted by the 2011 Council of Delegates. It highlights the efforts carried out by National Societies to further strengthen their Statutory and legal base instruments in accordance with past commitments. It also aims to provide an overview of the dialogue and initiatives undertaken by the Joint ICRC/International Federation Commission for National Society Statutes (Joint Statutes Commission), in close consultation with ICRC and International Federation field Delegations, in support of National Societies during the reporting period (from August 2013 until July 2015). The Joint Statutes Commission has pursued its mandate to support National Societies in their endeavours to strengthen their legal and statutory base. During the reporting period, the Joint Statutes Commission issued over 110 official communications including recommendations to National Societies’ on adapting their Statutes/Constitutions and National Society laws and decrees of recognition in accordance with agreed standards within the Movement. Approximately 30 percent of all National Societies currently enjoy statutory base instruments conforming to the minimum requirements defined in the Guidance Document for National Societies Statutes (Guidance Document) and in the Joint Statutes Commission’s Advisory notes, while a further 60 percent remain engaged today in an active process of review and revision of their statutory base texts. The Joint Statutes Commission was actively engaged during the reporting period in a reflection on developing new approaches with a view to strengthening its working methods and its ability to provide more flexible and tailored advice to National Societies. In this context, the Joint Statutes Commission is currently initiating a process of revision of the Guidance Document for National Societies Statutes and of the minimum standards defined therein. This should notably involve a close coordination with current National Society development support initiatives and a thorough consultation process to be conducted with National Societies in different regions and from different legal, cultural and political traditions. In a year marking the 50th anniversary of the proclamation of the Fundamental Principles of the Movement, it is particularly fitting to reflect further upon the distinct purpose and roles played by National Societies within their local communities and on how the Fundamental Principles should best permeate a National Society’s internal organisation, objectives and modes of operation. In this endeavour, the adoption of sound statutory, legal and policy base texts should continue to represent a preeminent objective. CD/15/16 2 i. Introduction It is widely recognized and accepted that sound legal and statutory base instruments constitute a key attribute of a National Society’s development and a condition of a National Society’s ability to perform its humanitarian mandate and roles effectively. The legal and statutory base texts of a National Society are generally understood to include two sets of instruments: . A National Society’s law, act or decree of recognition serving to define the Society’s distinct and privileged status in the domestic legal order and its auxiliary role to the public authorities in the humanitarian field; and . A National Society’s Statutes or constitutional base instruments intended to ensure that the Society enjoys the necessary structures, rules and procedures in order to operate and deliver its services efficaciously, in an accountable and transparent manner, and in accordance with the Fundamental Principles of the International Red Cross and Red Crescent Movement (Movement). The commitments of National Societies to strengthen their legal and statutory base instruments in accordance with agreed standards have today been confirmed in a wide range of Resolutions, decisions and policies adopted by the Statutory Meetings of the Red Cross and Red Crescent Movement, the Council of Delegates and the International Conference of the Red Cross and Red Crescent, and by the General Assembly of the International Federation. These undertakings remain entirely relevant and should continue to be actively pursued by National Societies, with the support of Movement partners and the JJoint Statutes Commission. With regard to National Society laws or decrees of recognition, a close dialogue should also be pursued and maintained with the National Society’s line Ministry and with other concerned public authorities. Furthermore, in a year marking the 50th anniversary of the proclamation of the Fundamental Principles of the Movement, it is particularly fitting to reflect further upon the distinct purpose and roles played by National Societies within their local communities and on how the Fundamental Principles should best permeate a National Society’s internal organisation, objectives and modes of operation. In this endeavour, the adoption of sound statutory, legal and policy base texts must continue to represent a priority. The mandate of the Joint ICRC/International Federation Commission for National Societies to advise National Societies in the development and strengthening of their statutory and legal base instruments enjoys a central place in this regard. The present report provides an update on the efforts undertaken in this context by National Societies, together with their partners within the Movement, in the last two years since the 2013 Council of Delegates. It also describes the work carried out by the Joint Statutes Commission and the initiatives undertaken during the reporting period in order to enhance the Joint Statutes Commission’s ability to provide timely and tailored advice to National Societies engaged in a Statutes or legal base reform. CD/15/16 3 ii. Strengthening the legal and statutory base instruments of National Societies: Maintaining the momentum of past commitments A commitment reaffirmed The commitments of National Societies to undertake a regular revision of their statutory base instruments, as well as to engage in a dialogue with their public authorities with a view to strengthening their legal base in domestic law, have been affirmed today in a wide range of resolutions and outcomes of the Statutory Meetings of the Movement. These most recently include: . Resolution 4 of the 2011 Council of Delegates on “Revision of National Society Statutes and Legal Base” (see Annex I); . Resolution 4 of the 31st International Conference of the Red Cross and Red Crescent on “Furthering the auxiliary role: Partnership for stronger National Societies and volunteering development”, as adopted in November 2011 (see Annex II); and . Resolution 7 of the 2011 Council of Delegates on “National Societies preparing for and responding to armed conflicts and other situations of violence” (see Annex III). During the reporting period, National Society engagements in this respect were further reaffirmed in the decisions of different Regional Conferences of the International Federation, including . The Houston Commitments, issued at the 20th Inter-American Conference, held from 27 to 30 March 2015; . The Beijing Call for Innovation issued at the 9th Asia Pacific Conference, held from 22 to 24 October 2014; and . The Florence Call for Action, issued at the 9th European Regional Conference held from 4 to 6 June 2014. A central objective of National Society development support During the reporting period, the duty of National Societies to adapt their legal and statutory base texts in accordance with agreed
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