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Victim Assistance in the Context of Mines and Explosive Remnants of War

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Victim Assistance in the Context of Mines and Explosive Remnants of War Policy Paper Victim assistance in the context of mines and explosive remnants of war Technical Resources Division July 2014 PP 11 Author Graphics Elke Hottentot IC&K, Frédérick Dubouchet Maude Cucinotta Main Contributors Hervé Bernard Layout Wanda Munoz NJMC, Frédéric Escoffier Other Contributors © Handicap International. Use or Marion Libertucci reproduction of this guide is permitted Shirin Kiani for non-commercial purposes only, on Jeanne Batello condition that the source is cited. Rashmi Thapa Camille Gosselin Review Committee Ludovic Bourbé Gilles Delecourt Nathalie Herlemont-Zoritchak Marion Libertucci Claudio Rini Editor Handicap International Technical Resources Division Knowledge Management Unit Michael Guy Stéphanie Deygas Policy paper Victim assistance in the context of mines and explosive remnants of war Foreword 4 Principles and benchmarks 7 Definitions, importance and context 8 Why intervene? 18 Principles of intervention 23 Methods of intervention 37 Projects with a victim assistance approach 39 Projects with a specific victim assistance intervention 47 Perspectives 60 Appendices 63 Acronyms 64 Glossary 64 Bibliography 66 Notes 69 Given that States Parties have obligations towards mine / explosive remnants of war (ERW)1 victims as per the Mine Ban Treaty (MBT) and the Convention on Cluster Munitions (CCM), VA is a doorway by which the inclusion of all people with disabilities can be advanced in countries affected by mine/ERW. Handicap International’s2 work in VA has evolved tremendously over the last three decades. Five distinct periods mark this evolution. Our first activities in the early 1980s focused mainly on physical rehabilitation. This was then followed by the organizations’ strong advocacy role leading up to the entry into force of the Mine Ban Treaty (MBT) in 1999. The organization then developed an increasingly comprehensive and holistic approach to victim assistance and disability that includes increasing access to education, social services and livelihoods. The fourth period is marked by advocacy work to ensure strong victim assistance obligations in the MBT and 2008 CCM building on practice and the standards set by Convention on the Rights of Persons with Disabilities (CRPD) and their comprehensive implementation. The fifth and last period began in 2010, where, in addition to its previous work, Handicap International has been getting involved in building national level capacity to coordinate VA. This policy paper aims to consolidate a VA culture in the organization. It purports to expand our view to consider whether there is mine/ERW contamination in the countries in which we 4 work and what situation is being faced by its victims. This paper promotes embracing VA as a cross-cutting issue and it does so for the following reasons: Our mandate is to advance the inclusion of the most vulnerable with a strong focus on people with disabilities The MBT and the CCM offer a strategic and historic opportunity. So this policy paper aims to guide Handicap International’s teams in their victim assistance (VA) efforts, but can be distributed more widely, notably amongst our local partners. This paper presents background information on VA; reveals how it is rooted in two instruments of international humanitarian law and guided by the CRPD; resumes the current situation in terms of our day-to-day interventions and lays out a vision of VA that is in line with our 2011 – 2015 strategy3. In addition, it provides answers to some “frequently asked questions (FAQs) on VA” that deal with potentially sensitive issues. Overall, it aims to contribute to a common position and coherent communication on VA among Handicap International staff, whether at the operational, advocacy, communication or campaigning level and to instigate new ways of operating in order to capitalize on the opportunity presented by VA at this point in time. The issue of mine/ERW victims cuts across three complementary conventions, namely the MBT, the CCM and the CRPD. The latter is the overarching human rights treaty, the enforcement of which would encompass adherence to VA as per the disarmament conventions. If States Parties to the MBT and the CCM took steps to comply with the CRPD and ensured victims other than mine/ERW survivors with disabilities were included at all levels of society, they would have effectively implemented their VA, as well as related their international cooperation obligations. When speaking of VA in the context of the MBT and the CCM, the term “victim” ought to be interpreted in the narrow sense of “victims of mine/ERW”. It does not include the more general understanding of victims of conflict, such as child soldiers, nor victims of small arms or rape. That said, paradoxically, “victim assistance” in the context of these same legal instruments refers to any activity that advances the inclusion of mine/ERW victims and any person disabled through other causes, whether as a result of an accident with an improvised explosive device, a car accident or polio, to name only a few. As such, working on VA contributes to implementing Handicap International’s strategy 2011 - 2015 and it opens doors with stakeholders not yet working on disability, whether in mine/ERW affected -or donor countries (more about this in a later section of this paper titled “Perspectives”). Mines and explosive remnants of war (ERW) continue to kill, injure and destroy lives and livelihoods. These weapons remain lethal long after a conflict has come to an end and kill or injure innocent civilians; men and women, boys and girls going about their daily life. They “… instill fear in communities, whose members often know they are working or walking in contaminated areas, but have no possibility to farm other land, or take another route to school. When land cannot be cultivated, when medical systems are drained by the cost of attending to landmine/ERW casualties, and when countries must spend money clearing mines rather than paying for education, it is clear that these weapons not only cause appalling human suffering, they are also a lethal barrier to development and post-conflict reconstruction”4. Mine/ERW cause a minimum of 11 to 12 casualties on a daily basis and are not confined to a single part of the world. People fall victim to these weapons, generally not out of ignorance about their presence, but because they knowingly engage in risky activities mostly due to livelihood pressure. Whether farming a mined piece of land because this is the only parcel available, or searching for unexploded ordnance because of its scrap metal value, people that knowingly take risks almost always do so out of a situation of poverty and extreme vulnerability. The risk of getting injured is deemed lower than the risk of going hungry. Whether a child falls ill, or a crop fails, it is the increased value of scrap metal due to rising value of metal secondary to economic prosperity in China and Thailand that has caused a sharp rise in the number of cluster munitions casualties in countries such as Lao, Cambodia and Vietnam in the past six years. Foreword The Landmine Monitor has been recording annual casualty figures in all affected countries around the world since 1999, with a total of 4,286 new casualties from landmines and explosive 5 remnants of war being recorded in 20115. The number of survivors in the world is estimated at hundreds of thousands, often with a need for a lifelong support, while the number of indirect victims is significantly greater given that it includes all affected family members and people living in mine/ERW affected areas. Those countries most affected in terms of mine/ERW casualties in 2012 were Afghanistan (766), Colombia (496), Yemen (263), Pakistan (247), Cambodia (186), Iran (127), Sudan (109) and Myanmar (106). The numbers quoted here are known casualties, however, it is estimated that the actual number is much higher. The goal of VA is the inclusion of victims in society. When a person has an accident with a mine/ ERW, the most urgent requirement generally is medical care and rehabilitation. However, VA does not stop there. Medical care and rehabilitation alone will not reach the goal of inclusion. VA is an integrated part of the global operational strategy to reduce the risk OR manage the consequences produced by mine/ERW. This strategy is commonly referred to as humanitarian mine action (HMA) and is comprised of five pillars6, namely: 1) humanitarian demining (survey, clearance and land release), 2) stockpile destruction, 3) risk education, 4) advocacy, and 5) victim assistance7. “The origins of HMA can be traced back to 1988, when for the first time the United Nations appealed for funds to carry out demining activities in Afghanistan”8. This paper is grounded in Handicap International’s experience in VA dating back from 1982 all the way through to the present (2014) in which we are working in more than 40 countries/ independent territories that are affected by mine/ERW. It takes into account the organization’s internationally recognized advocacy role for a global ban on landmines and cluster munitions, field expertise from programmes in each continent and that of headquarter and national associations, survivors and their families, as well as other international organizations involved in VA and civil society organizations. As Handicap International’s role in VA has developed significantly over the last three decades, 2014 presents a timely opportunity to review its past activities on VA and establish a policy to serve as a guideline for future interventions for Handicap International staff and its partners. Cambodia Principles and benchmarks DEFINITIONS, IMPORTANCE AND CONTEXT 8 A. Definition: victim versus survivor 8 B. What is victim assistance? 9 C. Legal frameworks 11 The Mine Ban Treaty The Convention on Cluster Munitions Victim assistance and the CRPD go “hand in hand” An integrated approach to victim assistance WHY INTERVENE? 18 A.
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