Humanitarian access, negotiation and principled dilemmas

1Humanitarian access: a process, not a given

Humanitarian access has two dimensions: the ability of humanitarian actors to reach people, and the ability of people to access aid. IHL requires parties to a conflict to allow and facilitate the rapid and unimpeded passage of impartial relief (Additional Protocol I, art. 70; customary rule 55), but access is negotiated day by day.

Acceptance is built over time: consistency between words and deeds, transparency about selection criteria, staff drawn from all communities, and aid based on need alone. A single decision perceived as partisan can destroy years of acceptance.

2Preparing a negotiation: the CCHN method

The Centre of Competence on Humanitarian Negotiation (CCHN) proposes a three-step approach:

• Analyse the context and the counterpart: interests, motivations, network of influence (who influences them, whom they influence).
• Set your objectives and limits: what you want, what is negotiable (timing, routes, modalities) and what never is (needs-based selection, control of aid, armed presence).
• Build common ground: start from shared values (protecting civilians and children), then facts, before tackling points of friction.

A negotiation is documented: minutes, commitments obtained, and information shared with coordination (OCHA, access working group).

3Civil-military coordination and red lines

The Oslo Guidelines (disasters) and the IASC guidelines on armed escorts set the last resort principle: military assets are used only when there is no civilian alternative, for a life-saving need, for a limited time and under civilian control. OCHA leads humanitarian civil-military coordination (UN-CMCoord): information sharing and deconfliction of movements, without operational cooperation that would blur the distinction.

When facing a dilemma (paying a "right of passage", accepting an escort, keeping quiet about a violation to keep access), document the options, assess their consequences for people and for other actors, and decide collectively, at the right level, with reference to the principles and to "do no harm".