Duke University Program on Global Policy and Governance

Course: Humanitarian Action: Policy, Law and Practice 2016

The Duke University Program on Global Policy and Governance

Humanitarian Action: Policy, Law and Practice

Course Outline and Syllabus

July 4-July 8 2016

Location: UNI MAIL (University of Geneva)

A. Program on Global Policy and Governance

Offered by Duke University’s Terry Sanford Institute of Public Policy, the Program on Global Policy and Governance is designed to expose future international policy leaders to the field of global governance and policy from an academic and experiential perspective. In addition to the Geneva Policy Internships, a major element of the Program is the course Humanitarian Action: Policy, Law and Practice as described in this outline and syllabus.

B. Course Description

This course is intended to provide students with a thorough introduction to international humanitarian action covering legal aspects and major practical and policy considerations with regard to implementation. The course is practitioner oriented with a strong foundation in both academic theory and current events.

The course begins by outlining the framework of international human rights law and other branches of international law relevant to humanitarian assistance including international humanitarian law and refugee law. In doing so, it discusses major humanitarian principles of humanity, neutrality, impartiality and independence. Given their current international relevance, it also presents a brief history and the main elements behind the notion of “human security,” humanitarian reform, as well as, the importance of coherence within the UN system.

The course continues by exploring key considerations regarding the implementation of humanitarian assistance, including early warning systems, and operational challenges such as timely response and unhindered access; funding; coordination and cooperation; political considerations; the relationship between humanitarian assistance and longer-term sustainable development. In doing so, it looks at the many actors that play a part in providing humanitarian assistance ranging from the United Nations to the International Committee of the Red Cross (ICRC) to non-governmental actors.

Finally, the course considers those who are specifically affected by humanitarian crises and specific approaches to respond to their situations. It looks at protection and assistance for refugees and internally displaced persons (IDPs); and the special needs of particularly vulnerable groups including women and children.

The course will include institutional briefings and class lectures from experienced high-level practitioners. These interactive presentations will encourage students to apply the knowledge they have acquired to actual and hypothetical situations with case studies of modern humanitarian crises and “hands on” exercises.

C. Course Timetable, Materials and Readings

This section describes the main elements of the course, including the dates and topics of the lectures, as well as the associated readings and materials.

The course readings are drawn from a variety of sources. They include outcomes of major international meetings and conferences, scholarly writings, excerpts of reports by international organizations, NGO papers, and cutting-edge reflections on current affairs.

Course readings

The course readings are designed to provide the necessary background information for the various speaker presentations as well as, present a spectrum of opinions, philosophies and perspectives on the implementation and effectiveness of humanitarian assistance in a range of conflicts and natural disasters. The majority of readings are listed with their web link in this syllabus or on Blackboard. Additional readings will be emailed to you or provided in hardcopy as appropriate.

Given the concentrated nature of this one-week course, I strongly encourage you to review the reading material (Introductory and Topical) prior to June 30, 2014.. The success of the course depends heavily on your class contributions and participation.

·  Students are required to participate in an author role play exercise on the first day of class. Please complete the introductory readings prior to June 30 and your Assigned author role will be emailed to you in advance.

D.  Instructor

Amy E. Hepburn has researched, published, and programmed extensively on issues affecting children in complex humanitarian emergencies including armed conflict and HIV/AIDS in the Balkans, Eastern and Southern Africa, and the Republic of Georgia.

Her projects include extensive work with international and local NGOs, the United Nations High Commissioner of Refugees in Geneva, Refugee Children’s Unit, the United States Department of State, Displaced Children and Orphans Fund, and the United States Agency for International Development, Office of HIV/AIDS. Her research and programming interests include increasing the access and quality of education for girls in resource poor settings and the holistic care of children in complex humanitarian emergencies-- particularly those orphaned by HIV/AIDS in eastern and southern Africa and/or affected by armed conflict.

Ms. Hepburn is the Executive Director of WomenOne, a non-profit focused on increasing girls access to quality education globally. She is a Senior Research Fellow in the Duke University, Health Inequalities Program, and Adjunct Faculty at The George Washington University, Elliott School of International Affairs where she teaches a course on the care and protection of children in complex humanitarian emergencies. She is Adjunct Faculty at Duke University’s Sanford School of Public Policy where she is also the Director of the J. Kirk Felsman Program on Children in Adversity and teaches a course on Human Rights and Humanitarian Action as part of the Duke Program on Global Governance in Geneva, Switzerland.

Ms. Hepburn currently resides in the Washington, D.C. area. She received both her undergraduate and graduate degrees from Duke University.

Introductory Course Readings: History and Critique of Humanitarian Aid

Recommended Films: Hotel Rwanda; Frontline: The Ghosts of Rwanda

Assignment: Prepare for debate. Produce one paragraph summary of assigned position.

1.  Mary B. Anderson, Do No Harm: How Aid Can Support Peace-Or War, Framework for Analyzing Aid’s impact on Conflict, Chapters 1-6 (1999)

2.  Fiona Terry, Condemned to Repeat? The Paradox of Humanitarian Action, Introduction and Chapter 1(2002)

3.  David Rieff, A Bed for the Night, Chapter 1, 2, 3, 8 (2002)

4.  Ruth Gidley, “MSF Staffer Warns of Ethical Pitfalls”, December 9, 2002

http://globalpolicy.org/ngos/aid/2002/1209ethic.htm (see link to Gerald Martone response at end if interested)

5.  Gerald Martone, “Relentless Humanitarianism”, in Global Governance: A Review of Multilateralism and International Organizations, Volume 8, Number 2, May, 2002, pages 149-154. Blackboard

6.  Paige Arthur, Roy Gutman, Gerald Martone, Nicolas de Torrenté, “Humanitarianism Under Fire.” November 30, 2004, Carnegie Council. http://www.cceia.org/resources/transcripts/5094.html

7.  Alex DeWaal, Famine Crimes: Politics and the Disaster Relief Industry in Africa. Chapter 4: The Humanitarian International: pp 65-85 (1997) Blackboard

8.  Alex De Waal, “Humanitarianism Unbound” in African Rights, 1994.

http://www.netnomad.com/DeWaal.html

9.  The United Nations System Organogram

10.  United Nations Non-Governmental Liaison Service, NGLS Handbook,

http://www.un-ngls.org

NOTE: read excerpts providing an overview of the United Nations including the Preface, Introduction, United Nations Organization

11 . Gourevitch, P. Alms dealers: Can you provide humanitarian aid without facilitating conflict? The New Yorker, October 11, 2010.

http://www.newyorker.com/arts/critics/atlarge/2010/10/11/101011crat_atlarge_gourevitch

12.  International Committee of the Red Cross. “What is International Humanitarian Law?” Geneva, Switzerland: ICRC, 2004. http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/humanitarian-law-factsheet/$File/What_is_IHL.pdf

13.  Gasser, Hans-Peter. “International Humanitarian Law and the Protection of War Victims.” Geneva, Switzerland: ICRC,1998. http://www.icrc.org/Web/Eng/siteeng0.nsf/html/57JM93

14.  The Code of Conduct for the International Red Cross and Red Crescent Movement and Non-Governmental Organizations (NGOs) in Disaster Relief, 1994. http://www.icrc.org/Web/Eng/siteeng0.nsf/html/64ZAHH

15.  The Sphere Project, “What is Sphere?” and “Humanitarian Charter” in Sphere Handbook, 2004. http://www.sphereproject.org/handbook/index.htm

16.  IASC. “Guidance Note on Using the Cluster Approach to Strengthen Humanitarian Response”, November 24, 2006. http://www.reliefweb.int/humanitarianreform/IASC%20GUIDANCE%20NOTE%20ON%20CLUSTER%20APPROACH.pdf


Topic Specific readings:

Monday, July 4

17.  Graca Machel, Impact of Armed Conflict on Children, (1996)

Access at : http://www.unicef.org/graca/

18.  UNICEF, State of the World Children’s 2012

http://www.unicef.org/sowc2012/

19.  Convention on the Rights of the Child (CRC)

http://www.unhchr.ch/html/menu3/b/k2crc.htm

20.  Optional Protocols to the CRC

http://www.unhchr.ch/html/menu2/6/crc/treaties/opsc.htm

http://www.unhchr.ch/html/menu2/6/crc/treaties/opac.htm

21.  Caspar Strand, Protection of Children in Emergencies: An Overview of the Needs, Precautions and Main Issues (2005) (Blackboard)

22.  Kathryn Whetten et. Al. A Comparison of the Wellbeing of Orphans and Abandoned Children Ages 6–12 in Institutional and Community-Based Care Settings in 5 Less Wealth y Nations: http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0008169

23.  Satchit Balsari, M.D., M.P.H., et. Al Protecting the Children of Haiti, ( 2010) (Blackboard)

24.  John Williamson, Families Not Orphanages, (2010) USAID, Better Care Network (Blackboard)

25.  Oxfam, Impact Measurement and Accountability in Emergencies:The Good Enough Guide, (2007) http://publications.oxfam.org.uk/oxfam/display.asp?isbn=0855985941

Tuesday, July 5

26.  Ted R. Gurr and Barbara Harff, “Early Warning Systems: From Surveillance to Risk Assessment to Action,” in Kevin M. Cahill (Ed. ) Emergency Relief Operations, 3-31 (2003)

27.  Francesco Pisano, Leveraging Satellite Applications to Improve Emergency Relief, (2005)

28.  Francesco Pisano, Analysis of Technology Factors Influencing the Demand of EO by the Humanitarian Community, (2005)

29.  OCHA, Update on Humanitarian Reform, (2011) http://ochaonline.un.org/roap/HumanitarianNews/tabid/4604/language/en-US/Default.aspx

30.  OCHA, Guiding Principles on Internal Displacement (2004)

http://www.brookings.edu/projects/idp/gp_page.aspx

31.  The Brookings Institution-University of Bern Project on Internal Displacement, Addressing Internal Displacement: A Framework for National Responsibility (2005)

32.  Norwegian Refugee Council, Internal Displacement: Global Overview of Trends and Developments in 2011, (2012)

http://www.internal-displacement.org/

33.  Forced Migration Review, Humanitarian Reform: fulfilling its promise? Issue 29, December 2007 http://www.fmreview.org/FMRpdfs/FMR29/FMR29.pdf

34.  The United Nations, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime.

35.  UNHCR, Guidelines on International Protection: Protocol Relating to the Status of Refugees to Victims of Trafficking and Persons at Risk of Being Trafficked.

Wednesday, July 6

36.  ICRC, Addressing the Needs of Women Affected by Armed Conflict: An ICRC Guidance Document, Section 1.2, 24-35 (2004)

37.  Kofi A. Annan, “Peacekeeping, Military Intervention, and National Sovereignty in Internal Armed Conflict,” in Jonathan Moore (Ed.), Hard Choices: Moral Dilemmas in Humanitarian Intervention, 55-70 (1998)

38.  Amartya Sen, Development As Freedom, Introduction 3-11 (1999)

39.  Kenneth W. Abbott and Duncan Snidal, International Organization 54, Hard and Soft Law in International Governance, 21-56 (2002)

40.  UNHCR, Global Report (2011)

http://www.unhcr.org/4dfdbf5cb.html

Thursday, July 7

41.  Thomas Risse and Kathryn Sikkink, “The Socialization of International Human Rights Norms into Domestic Practices: Introduction” in Thomas Risse, Stephen C. Ropp and Kathryn Sikkink (Eds.), The Power of Human Rights: International Norms and Domestic Change, 1-38 (2001)

42.  Ian Martin, “Hard Choices after Genocide: Human Rights and Political Failures in Rwanda”, in Jonathan Moore (Ed.), Hard Choices: Moral Dilemmas in Humanitarian Intervention, 156-174 (1998)

43.  Larry Minear, The Humanitarian Enterprise: Dilemmas and discoveries, Human Rights, 37-54 (2002)

Friday, July 8

44.  Alex De Waal, Famine Crimes: Politics & the Disaster Relief Industry in Africa, Chapter 8, (1997)

45.  United Nations Security Council, Resolution 1325 (2000)

46.  Larry Minear, The Humanitarian Enterprise: Dilemmas and discoveries, Humanitarian Architecture, 119-144 (2002)

47.  Ian Smillie and Larry Minear, The Way Ahead, 225-248 (2004)

48.  Felsman Fellowship Resources Page: felsmanfellowship.weebly.com (Newsletter and Resources)

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