Reference Guide - Normative Developments on the coordination of humanitarian assistance in the General Assembly, the Economic and Social Council, and the Security Council since the adoption of General Assembly resolution 46/182

Preface

General Assembly resolution 46/182 has provided the framework for emergency relief for almost two decades. 46/182 was a comprehensive resolution that broadly addressed how to strengthen the coordination of the humanitarian system. It also laid down the principles and framework for humanitarian assistance, which continue to guide the work of the humanitarian system.

Since 1991, significant challenges have emerged from the changing environment in which assistance has been provided. These challenges are evident in a number of areas, such as those related to internal displacement, access, protection, safety and security of humanitarian personnel, humanitarian-military relation, and the frequency and magnitude of natural disasters. Despite the inherited difficulties of intergovernmental negotiations, significant progress have been made by the United Nations Intergovernmental bodies in addressing these new challenges.

The Reference Guide for United Nations Intergovernmental Decisions on Humanitarian Assistance is intended to provide a concise analytical overview of the key policy decisions of the principal United Nations intergovernmental bodies, namely the General Assembly,
Economic and Social Council, and the Security Council. It should be noted that all legislative decisions taken in each of the three intergovernmental bodies are equally binding on the UN Secretariat and recommendatory on Member States, with the notable exception of decisions of the Security Council related to the maintenance of international peace and security that are obligatory for Member States.

The Reference Guide is organized to follow the structure of 46/182 and is presented in fifteen thematic categories. The fifteen categories are grouped into three sections: the first section includes issues pertaining to humanitarian principles and the overall framework of assistance, the second section addresses the linkage between humanitarian response, disaster reduction and transition, and the third section examines humanitarian coordination and related tools and mechanisms, including humanitarian financing. Each section has been arranged with an initial focus on relevant policies followed by the role of the United Nations and other humanitarian organizations and the operational directives of these intergovernmental bodies.

The Reference Guide is drawn from the matrix of United Nations Intergovernmental Decisions on Humanitarian Assistance, a compilation of humanitarian legislative directives adopted by UN intergovernmental bodies since the adoption of GA resolution 46/182 in 1991. It should be noted that the Reference Guide, similar to the matrix, does not include decisions of other intergovernmental bodies of the UN system. The Guide is designed to be used as an aide-memoire on humanitarian legislation, with referencing of relevant resolutions provided for additional information purposes, on each page.The Reference Guide uses the precise language found in United Nations resolutions and decisions in almost all cases. While every effort has been made to use or adhere to the exact language of intergovernmental decisions of the United Nations in the preparation of the Reference Guide, there are some instances where editing was unavoidable in order to ensure consistency in format and presentation. Selectivity was employed only in cases where similar language adopted at different times by different bodies was consolidated for greater clarity and to avoid repetition. Intergovernmental decisions are not necessarily presented in chronological order and they are considered valid unless abrogated by subsequent decisions. In order to ensure the general nature of the text, the Reference Guide does not include intergovernmental decisions adopted for specific humanitarian emergencies or disasters. In all cases, the Reference Guide was written with due respect to the letter and spirit of international humanitarian law, refugee law, human rights law, and other relevant legal instruments that inform it.

The Reference Guide is intended for use by OCHA staff, particularly those in the field, so that their work can be better informed by these legislative decisions. The Reference Guide could also serve as a tool for their interaction with concerned governments and other relevant parties in strengthening better understanding of and support for a more principled, accountable and effective humanitarian response. It can also be useful for other humanitarian practitioners as well as for Member States who are interested in a concise presentation of the legislative decisions of the United Nations relating to humanitarian assistance.