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“Partnering to Build a Resilient Civil Society”

The Canadian Red Cross Society

Auxiliary to Government Project

Final Report

September 30, 2008

Acknowledgements

The Canadian Red Cross Society wishes to express its appreciation to Public Safety Canada for their support of this project, a support that extends beyond the resources provided to conduct research and hold these consultations.

Sincere thanks to all of those individuals, too numerous to mention both inside and outside the Canadian Red Cross, who contributed to the project, participated in the meetings and consultations, and whose wise counsel helped shaped the final report. Special mention must also be made of those who took the time and effort to prepare submissions and presentations. They stimulated excellent discussions on the Society’s relationship between governments at all levels as well as with other stakeholders, all of which resulted in very valuable ideas and policy suggestions.

The support of Zone volunteers and staff who helped organize and execute the meetings was essential to the success of the consultations. Many hours were devoted to ensure a meaningful process. The leadership and support of Zone General Managers were indispensable: John Byrne (Atlantic), Claude Tremblay (Ontario), Leslie Dunning (Western) and Conrad Sauvé in his role as the Quebec Zone General Manager and since March 2008 as the Society’s Secretary General. I also wish to thank Kathryn Howard, a Visiting Fellow from the Federal government, who was very helpful in the consultation phase. Very special thanks to MP Nancy Karetak-Lindell and her staff for their assistance in organizing the meeting in Iqaluit.

In all, 22 consultations were held across Canada and two meetings were held in Geneva and Washington. Thanks are extended to Geoff Loane, ICRC Head of Delegation in Washington; Lucy Lindale-Brown from the American Red Cross; Michael Meyer from the British Red Cross; Baptiste Rolle and Stéphane Hankins, Legal Advisors at ICRC Geneva; and Carine Layoun, Legal Advisor at the International Federation Secretariat also in Geneva.

At the Canadian Red Cross National Office, the advice of Don Shropshire, Melinda Wells, Yvan Chalifour, Alan Reid, Sanaz Pournasseh, Tania Lafrenière and Bekele Geleta was extremely helpful. I would be remiss if I did not also acknowledge the assistance of special consultant Stephen Davey from Geneva and Jean Slick from our Western Zone. The continuing support of the Society’s Board of Governors and two Presidents, Jane McGowan and Mario Dionne, has been exceptionally strong and for this we are very grateful.

A sincere word of thanks also to the Auxiliary Role Project Team: Caroline Gagnon, Catherine Tierney and Ilario Maiolo. A special thank you to Major General (Ret’d) Jerry Pitzul, whose knowledge and strategic advice helped the project move forward considerably. Finally, the Society wishes to pay tribute to the Honourable David Pratt who, as Special Advisor to the Society, conceived and led the project until the summer of 2008. Although David left the Canadian Red Cross before the end of the project, his vision, commitment and passion have been instrumental to the completion of this endeavour.

Paul Wharram Deputy Secretary General Canadian Red Cross

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Executive Summary “Partnering to Build a Resilient Civil Society”

In April 2007, a contribution agreement was signed between Public Safety Canada and the Canadian Red Cross providing the Society with $816,728 for the purposes of conducting “a wide-ranging public consultation on the status/future of the recipient as auxiliary to public authorities in the humanitarian field”. In addition to the public consultations, the project included the production of an Interim Report to be submitted to the Federal government prior to the International Conference of the Red Cross and Red Crescent in Geneva in November 2007 and a final report which will include, as per the agreement, “possible legislative changes to the existing legal framework of the Canadian Red Cross Society”. The final report starts by laying out the necessary background information on the International Red Cross and Red Crescent Movement (the Movement). It then provides an overview of the relationship between Canadian public authorities and the Movement and, more specifically, the relationship between the Canadian Red Cross and Canadian public authorities in both its domestic and international activities. What is meant by auxiliary roles and status?

The main purpose of the project was to research and provide clarity around what is meant by the auxiliary role in Canada. In these efforts, the project team was guided by the Movement as well as the International Conference. Resolution 2 of the 30th International Conference provided the following relationship of the auxiliary role of National Societies:

[Recognises that] public authorities and National Societies as auxiliaries enjoy a specific and distinctive partnership, entailing mutual responsibilities and benefits, based on international and national laws, in which the national public authorities and the National Society agree on the areas in which the National Society supplements or substitutes public humanitarian services; the National Society must be able to deliver its humanitarian services at all times in conformity with the Fundamental Principles, in particular that of neutrality and independence, and with its other obligations under the Statutes of the International Red Cross and Red Crescent Movement as agreed by States in the International Conference of the Red Cross and Red Crescent.1 [emphasis added]

1 Available at : http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/30-international-conference-resolutions-061207/$File/30IC_Resolution2_Auxiliary_ENG__ADOPTED.pdf

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/30-international-conference-resolutions

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Based on the definition provided by the International Conference, identification of specific auxiliary roles is a matter of simply answering the following questions:

• Does the Society supplement or substitute a public humanitarian service? • Is there an agreement as to the specific roles and responsibilities between that

National Society and the specific public authority? Based on this “auxiliarity test”, the Society’s auxiliary role becomes evident through the various aspects of disaster management, Community Home Services and certain aspects of its programming in the area of health and injury prevention. Defining and labelling auxiliary roles must not remain an academic exercise. Once a role is identified as auxiliary, the Society and the public authority should continuously engage to ensure that a fruitful dialogue is maintained on operational and policy issues while respecting the Fundamental Principles. In this sense, labelling an auxiliary role as such is a call for engagement and vigilance towards ensuring that the relationship is maintained and that channels of dialogue remain open and respectful in order to achieve the common goal of serving beneficiaries effectively. In this sense, rather than focusing on which specific roles are considered auxiliary, the solution lies in establishing a process to a relationship that creates a venue where humanitarian matters, including the auxiliary roles, can be discussed with Governments as a whole. It is for this reason that the report will focus on the overall relationship with Canadian public authorities at all levels. Relationship with public authorities: strengths

As noted in the interim report, four “key strengths” were emphasized across the country in support of the auxiliary role of the Canadian Red Cross. They include:

• The ability to mobilize human, financial and material resources; • The broad reach of the Canadian Red Cross nationally and the even broader

network that exists through the Movement; • The organization’s leadership in fostering an ethic of volunteerism; and • The Fundamental Principles.

The Canadian Red Cross was often seen by government participants as a strategic asset, as an organization that can make a contribution to public policy and be fully integrated into system-wide planning for emergency management and pandemics.

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In essence, the main value of the Canadian Red Cross to Canadian public authorities resides

• in the nature of its work: building a resilient civil society and providing emergency response capacity

• in the manner in which it achieves this goal efficiently by mobilizing the power of humanity through volunteers and other donated resources.

This work, of course, is facilitated by the symbolic strength of the emblem, which, in times of difficulty, serves as a rallying point for both those in need and those who wish to give help and support. In this sense, the “auxiliary status” is not a tool to grant a specific role or advantage to the Society but rather, as previously noted, it is a reminder of the Society’s mandate and role. For example, the role of the Canadian Red Cross in building civil society resilience while mobilizing volunteer resources is notably well represented by the new Ready When the Time Comes program (RWTC). RWTC is an extensive network of well-trained volunteers from local companies and organizations that can quickly mobilize in the event of a local, large-scale disaster. In early 2008, the Canadian Red Cross commissioned a consultant to “conduct a review of value added by the international efforts of the Canadian Red Cross to the Government of Canada” in the international sphere. The subsequent report, tabled with the Society in July 2008, conceptually laid out the future added value of the Canadian Red Cross to the Government of Canada and proposals for how to articulate the value added, in order to renew dialogue with the government to establish a sustainable partnership. The perceptions of the added value of the Red Cross in relation to the Society’s international work included:

• The strength of the global network of National Societies; • The capacity in disaster response, disaster preparedness and health (do not

diversify too much and where other capacities are needed, consider possible alliances with other organizations);

• The organization’s independence (with some qualifications about how that may vary from country to country);

• The possibility to promote key issues for Canada, such as gender equality, through the Movement and the policy meetings to which the Government of Canada has access; and

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• The access that National Societies provide to countries with limited international relations, providing the Government of Canada with a channel (through Federation or ICRC programs) for humanitarian and/or development assistance; this may also provide a possibility to maintain contact with and even visits to the country.

Relationship with public authorities: shortcomings Ø “Siloed” relationship between the Society and public authorities

The Society’s vast scope of activities touches many levels of government as well as many different departments and ministries. In most cases, the fragmented view that the Society and Government reciprocally hold leads most often to a project-by-project approach. This in turn fosters a reactive relationship, not a strategic proactive approach. The Society is often seen as a cost-effective implementer of Government policy. Consequently, engagement and the dialogue around public policy issues and humanitarian affairs, particularly humanitarian advocacy, are limited. Ø No consistent view of the Society across the provinces and territories

As is the case at the federal level, the relationship between the Zones and the provinces is often siloed and limited to a department-by-department approach. In each province, the relationship is fragmented and therefore an overall strategic relationship is not present. Not all public authorities are aware of the full range of Canadian Red Cross programmes and services and there is little or limited acknowledgement of the auxiliary nature and global network of the Canadian Red Cross. Ø The Society’s legal framework is not what it should be:

The 10 conditions of recognition for National Societies, required by the Movement’s Statutes, are not clearly articulated in law. Furthermore, joint or delegated responsibilities such as emblem protection, the dissemination of IHL and Restoring Family Links (RFL) are not clearly defined or articulated.

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Recommendations First Recommendation: Formalize the relationship between the Government of Canada and The Canadian Red Cross Society by updating the Canadian Red Cross Society Act Ø Providing for the relationship between the Society and the Government of Canada

A proactive process of engagement can be achieved through legislative support to ensure adherence to the Movement’s Fundamental Principles on the one hand and accountability for good governance by both parties and to the public on the other hand. The creation in law of a Liaison Committee is proposed in order to provide a forum within which the cooperative and consultative engagement envisioned here and already in existence at the international level with States Parties could occur. The Committee could bring together the head of the Canadian Red Cross, or his or her deputy, and Ministers of the Crown designated for this purpose by the Government of Canada. In addition, this Committee could provide a report to Parliament through its “Lead Minister” informing Canadians of the state of engagement between the Government of Canada and the Canadian Red Cross. This would allow for a high level, strategic engagement on humanitarian issues. The Society and the Government would meet with each other institutionally: a whole-of-Canadian Red Cross, whole-of-government approach. The Committee would meet annually but could do so more frequently should circumstances warrant. This mechanism for engagement would fulfill the expectations of Canadians and meet the obligations of both the Canadian Red Cross and the Government of Canada under the Geneva Conventions.

In addition to creating a Liaison Committee, the statute would identify the areas and/or events where the Government should consult the Canadian Red Cross. Information could be shared, perspectives exchanged, expertise solicited and capacities to act verified through such a process of engagement. Identified areas of consultation could be:

• The strength of the global network of National Societies; • The capacity in disaster response, disaster preparedness and health; • The organization’s independence (with some qualifications about how that may

vary from country to country); • The possibility to promote key issues for Canada, such as gender equality,

through the Movement and the policy meetings to which the Government of Canada has access;

• The value of counterpart relations between the Canadian Red Cross and other National Societies and the potential for peer-based learning;

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• The value of work with and through Red Cross local branches in Canada to develop awareness of international issues and the capacity and motivation for action on them; and


This would allow the parties to develop and solidify relationships and activities around core areas essential to both institutions and provide a model for engagement that both parties can put forward in the fulfillment of their obligations to their constituencies and the Movement. Ø Providing for the 10 conditions of recognition

There is no doubt that the ICRC and the Movement have recognized the Canadian Red Cross. Demonstrating this in a clear and straightforward manner is another matter. Historical research, inference and interpretation leads to the conclusion that, although the recognition exists, it can be easily characterized as ambiguous. In the centenary of the Canadian Red Cross, its recognition by the Movement should not rest on ambiguity and we should seize the opportunity to regularize the basis for that recognition in law as required by the Movement’s Statutes and as agreed to by States Parties including Canada. The proposed legislation therefore provides for the 10 conditions to be clearly articulated. Ø Providing enhanced emblem protection

The proposed legislative updates correct the deficiencies in the current Act by redrafting the offences and bringing together the various stakeholders (both the Government and The Canadian Red Cross Society) with an interest or duty to protect the emblem in a forum that would allow them to review alleged misuse and make appropriate referrals to the authorities for the disposition of the allegations. Ø Providing for the role of the Canadian Red Cross in the dissemination of

International Humanitarian Law The deficiencies of the CNCHL can be addressed by identifying in law a venue where the Government of Canada and the Canadian Red Cross can consult on the dissemination of International Humanitarian Law (IHL). It is proposed that this consultation could occur through the creation of a subcommittee of the Liaison Committee. This process would bring

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the necessary stakeholders together with the appropriate expertise to provide advice on issues under IHL such as RFL. Both the Government of Canada and the Canadian Red Cross would then be in informed positions to fulfill their statutory obligations. Second Recommendation: Formalize Strategic Relationships with Provinces and Territories It is recommended that efforts be made to encourage and develop cohesive relationships between the Society and provincial and territorial governments. The specific content of each agreement may vary from province to province. Indeed, as auxiliary, the Society is called to supplement or substitute public humanitarian services only if there is a need to do so. A cohesive relationship with the provinces and territories does not necessarily rest in the same offer of services, rather it consists in a common understanding of the Society as auxiliary, as well as a common approach to the relationship based on the one proposed with the Federal government. It is further recommended that the Society and public authorities engage in a holistic manner in order to avoid siloed relationships with various provincial and territorial departments. In the same way that it was recommended, at the federal level, that the Society adopt a “whole-of-government approach” to the relationship, the same is to be said for provincial and territorial relationships. Practically speaking, this exercise is one of both outreach and capacity building in the field of government relations through the various Canadian Red Cross Zones. Proposed legislative changes Finally, one of the aims of the contribution agreement was “to initiate possible legislative changes to the existing legal framework of The Canadian Red Cross Society”. On this note, and in order to provide a concrete example of possible legislative changes, a sample draft bill will be used to introduce matters progressively and provide comment on the matters being advanced. The language of the suggested statute is meant to accomplish the policy objective sought and not to provide legal drafting language, which is the clear responsibility of government. Conclusion The final report concludes by focussing on the increased humanitarian challenges ranging from climate change, natural disasters and pandemics to security threats. To address these issues,

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change is required. This was recognized by both the Government of Canada and the Canadian Red Cross through a joint pledge at the 30th International Conference where both parties committed to renew the framework for cooperation. It was further supported by over 70 municipalities who have adopted resolutions to this effect. In 2009, the centennial year of the Canadian Red Cross, the draft statue will provide Canada with a solid basis to declare that it has fulfilled its pledge to the 30th International Conference of the Red Cross and Red Crescent. It will also demonstrate that Canada is a healthy participant in the world’s largest humanitarian network, fulfilling its obligations in a robust, active and confident manner underscored by modern, cutting-edge legislation. Such legislation will allow the Society and public authorities at all levels to engage in a meaningful manner in order to both mobilize the power of humanity in times of crisis and partner to build resilient and vibrant communities in Canada and throughout the world.

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Contents

Introduction............................................................................................................................3

1) MANDATE OF THE AUXILIARY ROLE PROJECT ................................................................3

2) FINAL REPORT OBJECTIVES ...........................................................................................4

Part I The Canadian Red Cross’ Relationship with Canadian Public Authorities.........7

1) FUNDAMENTAL BACKGROUND: STRUCTURE OF THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT ..................................................................................................7

2) THE INTERNATIONAL DIMENSION OF THE RELATIONSHIP ...............................................12

3) THE DOMESTIC DIMENSION OF THE RELATIONSHIP ........................................................16

i) Health and Injury Prevention.......................................................................................17

ii) Humanitarian Issues Programs ...................................................................................20

iii) International Humanitarian Law................................................................................21

iv) Emblem Protection....................................................................................................23

v) Emergency Management ............................................................................................24

4) THE AUXILIARY DIMENSION OF THE RELATIONSHIP ..........................................................31

i) International Impetus and Guidance ...........................................................................31

ii) Auxiliary Relationship in Canada...............................................................................35

Part II Strengths and Shortcomings of the Canadian Red Cross’ Relationship with Public Authorities in Canada...............................................................................................39

1) STRENGTHS .................................................................................................................39

i) Domestic ....................................................................................................................39

ii) International...............................................................................................................43

2) SHORTCOMINGS...........................................................................................................46

i) Siloed View of the Society ..........................................................................................46

ii) Lack of Strategic Provincial Relations........................................................................47

iii) Legal status and joint obligations under international law..........................................48

A) Legal Status...........................................................................................................48

B) Joint Obligations....................................................................................................48

a) Dissemination of IHL .........................................................................................48

b) Emblem Protection .............................................................................................48

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Part III Recommendations: Partnering to building resilient Communities.....................53

1) FIRST RECOMMENDATION: FORMALIZE THE RELATIONSHIP BETWEEN THE GOVERNMENT OF CANADA AND THE CANADIAN RED CROSS SOCIETY BY UPDATING THE CANADIAN RED CROSS SOCIETY ACT ......................................................................................................................53

i) Recognition.................................................................................................................54

ii) Engagement ...............................................................................................................55

iii) International Humanitarian Law................................................................................57

iv) Emblem Protection....................................................................................................57

v) Draft Statute...............................................................................................................57

2) SECOND RECOMMENDATION: FORMALIZE STRATEGIC RELATIONSHIPS WITH PROVINCES AND TERRITORIES...............................................................................................................59

3) THE TIME TO ACT ...........................................................................................................61

i) The Call from the Movement ......................................................................................61

ii) The Call of the Changing Times.................................................................................64

iii) The Beginning of a Canadian Response ....................................................................67

Conclusion ............................................................................................................................70

Appendices

A: Draft Canadian Red Cross Act........................................................................................A-1

B: The Canadian Red Cross Society – Historical Background .............................................B-1

C: Pledges and follow-up to the 30th International Conference of the Red Cross and Red Crescent ...............................................................................................................................C-1

D: Resolutions of the 30th International Conference of the Red Cross Red Crescent ........... D-1

E: Highlights of Major Canadian Red Cross Domestic Emergency Management Responses–1917 to Present.....................................................................................................................E-1

F: Highlights of Canadian Red Cross International Emergency Management Responses– 1996 to Present..................................................................................................................... F-1

G: Canadian Red Cross International Operations: Strategy and Relations with the Government ........................................................................................................................ G-1

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Introduction 1) Mandate of the Auxiliary Role Project On April 3, 2007, Public Safety Minister Stockwell Day signed a contribution agreement with the Canadian Red Cross to undertake the Auxiliary Role Project. The project, which was also supported by substantial in-kind contributions from the Society, had two specific stated objectives. The first part of the project involved wide-ranging public consultations on the status/future of the Canadian Red Cross as “auxiliary to the public authorities in the humanitarian field”. The consultations were intended to educate key stakeholders on the auxiliary role of the Red Cross in Canada and to seek input, ideas and suggestions for better defining and recognizing the auxiliary relationship. The second portion of the contribution agreement authorized the Canadian Red Cross to examine and put forward “possible legislative changes to the existing legal framework of The Canadian Red Cross Society”. Virtually all National Societies are recognized by their respective States through either laws or special charters. The statutory basis of the Canadian Red Cross can be found in the Canadian Red Cross Society Act (1909). The Society’s Letters Patent (1970) under the Canada Corporations Act contain the formal terms of incorporation and provisions related to the internal governance of the Society. While some minor amendments have been made to the legislation over the years, no substantive re-examination of the Act has occurred since its passage 99 years ago. A cursory examination of the Canadian Red Cross Society Act reveals many provisions that are completely outdated and antiquated. In addition to the two stated objectives outlined in the project contribution agreement, the Canadian Red Cross saw several other broader public policy objectives. The first was to focus on the auxiliary role as a means to renew and regenerate the overall framework for cooperation between the Society and public authorities at all levels and particularly in the area of disaster response and emergency management. The second was to help the process of not only re-branding the Canadian Red Cross in its emergency management role, but also strengthening its role as auxiliary to government and increasing preparedness for response through a formalized process of collaboration with all levels of public authorities. The Canadian Red Cross believes that the Government of Canada views these additional objectives as desirable public policy goals.

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As required by the contribution agreement, in early November 2007 the Canadian Red Cross provided Minister Day and government officials with an interim report on the public consultation process entitled: “Revitalizing the Framework for Cooperation with Public Authorities”. This report conveyed the general messages that were heard during the consultation process as well as the results of research on the legal foundation of the Canadian Red Cross. The report was also intended to inform the discussion on the auxiliary role among representatives from the Canadian Red Cross and the Government of Canada to the International Red Cross and Red Crescent Conference in Geneva in November 2007. As stated in the Interim Report, the message received from key stakeholders such as provincial and territorial government ministries and municipal authorities was clear: “relations with governments are tremendously important, but must be carefully managed to preserve the Red Cross’ independence.” 2) Final Report Objectives The purpose of this final report is to address the three key interim report findings, which are the need to

• propose an inventory of instruments of cooperation and assess strengths, weaknesses and best practices

• suggest methodologies to support the definition of auxiliary roles at the federal, provincial, territorial and municipal levels

• bring new urgency and new energy to further improve the very complex and extensive web of good relationships that currently exists between the Society and public authorities and provide a concrete path and process, a framework for cooperation, which will advance theory into action

The recognition of these needs and the information that has been generated by the process of reviewing and analyzing the rights and obligations and the various strengths and shortcomings in the existing auxiliary relationship between the Canadian Red Cross and public authorities present a feasible opportunity to improve this collaboration for the benefit of the Canadian public. Because of increasing humanitarian challenges, it is essential that public authorities work hand-in-hand with civil society to ensure greater personal and societal resilience in the face of both domestic and global issues such as terrorism, pandemics, climate change, natural disasters, health education and warfare, to name just a few. If the Government of Canada and the Society can work together in strategic planning, developing proactive measures and processes

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to be prepared for the unexpected, Canada will position itself as one of the safest, most secure and most prepared countries in the world. This final report will make the case that updating the existing legislation, which will include a formalized process for a collaborative relationship with the Government of Canada, is essential to ensure a stronger Canadian Red Cross emergency management capacity not only in response but equally, if not more importantly, in preparedness. The annotated draft statute is provided (Appendix A) as suggested legislation to replace the existing Canadian Red Cross Society Act. It contains, among other things, specific legal recognition of the Canadian Red Cross’ auxiliary status, new emblem protection measures and other provisions to fully modernize the statute and outline a process to a more productive working relationship between the Canadian Red Cross and the Government of Canada.

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Part I The Canadian Red Cross’ Relationship with Canadian Public Authorities

1) Fundamental Background: Structure of the International

Red Cross and Red Crescent Movement The International Red Cross and Red Crescent Movement (the Movement) is the world's largest organized humanitarian network. It provides humanitarian assistance to vulnerable people around the world. The Movement is made up of almost 97 million members and volunteers and approximately 300,000 staff worldwide assisting 233 million beneficiaries in 186 countries annually. It has three main components:

• The International Committee of the Red Cross (ICRC) • The International Federation of Red Cross and Red Crescent Societies (the

Federation) • 186 Red Cross and Red Crescent National Societies (National Societies).

The Movement’s different components working individually or collectively in cooperation with governments, donors and other aid organizations:

• provide protection and assistance to victims of armed conflict; • provide humanitarian assistance to the victims of natural disasters and other

emergencies; • work for the improvement of health, prevention of disease and the mitigation of

human suffering; and • promote and disseminate International Humanitarian Law (IHL) and humanitarian

values. Essential to the Movement are its Statutes and Fundamental Principles. The Statutes are adopted or modified by the International Conference, and thus consented to by States Parties (including Canada). Included in the Statutes are the Fundamental Principles, adopted in Vienna in 1965 during the 20th International Conference of the Red Cross and Red Crescent. The Fundamental Principles are:

HUMANITY The Red Cross, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours—in its international and national capacity—to prevent and alleviate human suffering wherever it may be

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found. Its purpose is to protect life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, cooperation and lasting peace amongst all peoples. IMPARTIALITY It makes no discrimination as to nationality, race, religious beliefs, class or political opinions. It endeavours only to relieve suffering, giving priority to the most urgent cases of distress. NEUTRALITY In order to continue to enjoy the confidence of all, the Red Cross may not take sides in hostilities or engage at any time in controversies of a political, racial, religious or ideological nature. INDEPENDENCE The Red Cross is independent. The National Societies, while auxiliaries in the humanitarian services of their Governments and subject to the laws of their respective countries, must always maintain their autonomy so that they may be able at all times to act in accordance with Red Cross principles. VOLUNTARY SERVICE The Red Cross is a voluntary relief organization not prompted in any manner by desire for gain. UNITY There can be only one Red Cross Society in any one country. It must be open to all. It must carry on its humanitarian work throughout its territory. UNIVERSALITY The Red Cross is a world-wide institution in which all Societies have equal status and share equal responsibilities and duties in helping each other.

The International Committee of the Red Cross is an impartial, neutral and independent organization whose sole mission is to protect the lives and dignity of victims of armed conflict and internal violence and to provide them with assistance. In situations of armed conflict, the ICRC is responsible for directing and coordinating the Movement's international relief activities. The ICRC has a permanent mandate under international law to visit prisons, organize relief operations, reunite separated families, meet the needs of internally displaced persons, trace people who have gone missing during conflicts and undertake other humanitarian activities.

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As the custodian of the Geneva Conventions, the ICRC promotes the importance of IHL, draws attention to universal humanitarian principles, and promotes and raises public awareness of the dangers of mines and explosive remnants of war. The ICRC also has the mandate to recognize new National Societies as part of the Movement. The ICRC's headquarters are in Geneva, Switzerland. The organization has more than 12,000 staff in 80 countries around the globe. About 30 percent of the ICRC's operational activities are carried out in cooperation with National Societies.

The International Federation of Red Cross and Red Crescent Societies is a global humanitarian organization that coordinates international assistance following natural and man-made disasters in non-conflict situations. Its mission is to improve the lives of vulnerable people by mobilizing the power of humanity.

The Federation works with National Societies in responding to catastrophes around the world. Its relief operations are combined with development work, including disaster preparedness programmes, health and care activities, and the promotion of humanitarian values. In particular, it supports programs on risk reduction and fighting the spread of disease such as HIV/AIDS, tuberculosis, avian influenza and malaria.

The Federation has adopted the following goals:

• Reduce the number of deaths, injuries and impact from disasters.

• Reduce the number of deaths, illnesses and impact from disease and public health emergencies.

• Increase local community, civil society and National Societies capacity to address the most urgent situations of vulnerability.

• Promote respect for diversity and human dignity, and reduce intolerance, discrimination and social exclusion.

National Red Cross and Red Crescent Societies embody the Movement’s work and Fundamental Principles in 186 countries. National Societies act as auxiliaries to the public authorities of their own countries in the humanitarian field and provide a range of services including disaster relief, emergency management, health, injury prevention and the promotion of humanitarian values. During armed conflict, National Societies assist the affected civilian population and may support the medical services of their armed forces where appropriate. The ICRC recognizes National Societies once they meet the conditions laid out in Article 4 of the Movement’s Statutes. The core condition for recognition of a National Society is that the

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National Society be recognized in law by its national government as being obliged to conduct itself in accordance with the Movement’s Fundamental Principles. Article 4 of the Statutes provides as follows: In order to be recognized in terms of Article 5, paragraph 2 b) as a National Society, the Society shall meet the following conditions:

1. Be constituted on the territory of an independent State where the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field is in force.

2. Be the only National Red Cross or Red Crescent Society of the said State and be directed by a central body which shall alone be competent to represent it in its dealings with other components of the Movement.

3. Be duly recognized by the legal government of its country on the basis of the Geneva Conventions and of the national legislation as a voluntary aid society, auxiliary to the public authorities in the humanitarian field.

4. Have an autonomous status which allows it to operate in conformity with the Fundamental Principles of the Movement.

5. Use a name and distinctive emblem in conformity with the Geneva Conventions and their Additional Protocols.

6. Be so organized as to be able to fulfill the tasks defined in its own statutes, including the preparation in peace time for its statutory tasks in case of armed conflict.

7. Extend its activities to the entire territory of the State. 8. Recruit its voluntary members and its staff without consideration of race,

sex, class, religion or political opinions. 9. Adhere to the present Statutes, share in the fellowship which unites the

components of the Movement and cooperate with them. 10. Respect the Fundamental Principles of the Movement and be guided in its

work by the principles of international humanitarian law. The International Conference of the Red Cross and Red Crescent (International Conference) assembles every four years, reuniting the Movement’s various components with States Parties to the Geneva Conventions (including the Government of Canada). The following diagram demonstrates the interaction of the bodies of the Movement and States at the International Conference:

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The International Conference is the supreme deliberative body for the Movement and examines and decides upon humanitarian matters of common interest.

In brief:

The Movement

Ø International Committee of the Red Cross (ICRC) • an impartial, neutral and independent organization whose sole mission is to

protect the lives and dignity of victims of armed conflict and internal violence and to provide them with assistance

Ø International Federation of Red Cross and Red Crescent Societies

• mission is to improve the lives of vulnerable people by mobilizing the power of humanity

Ø 186 National Societies embody the Movement’s work and Fundamental

Principles Ø The International Conference is the Movement’s supreme deliberative body

• the Movement and States Parties to the Geneva Conventions assemble every four years to discuss humanitarian matters of common concern

194 States Parties to the

Geneva Conventions

International Committee of the Red Cross

ICRC

International Conference

of the Red Cross & Red Crescent

Societies

186 National Red Cross & Red Crescent

Societies

International Federation of Red Cross and Red Crescent

Societies

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2) The International dimension of the relationship The Government of Canada has had a long relationship with the Movement.2 Since the Movement’s foundation in 1863, Canada has either signed or acceded to all of the Geneva Conventions and Additional Protocols:

• Geneva Convention of 1864: Convention for the amelioration of the condition of the wounded and sick in armies in the field.

• All British colonies including those that would later form the Dominion of Canada were bound by the convention on February 18, 1865.

• Geneva Convention of 1906: Convention for the amelioration of the condition of the wounded and sick in armies in the field.

Canada signed the Convention on July 6, 1906, and ratified it on April 16, 1907.

• Geneva Convention I of 1929: Convention for the amelioration of the condition of the wounded and sick in armies in the field. Canada signed the Convention on July 27, 1929, and ratified it on February 22, 1933.

• Geneva Convention II of 1929: Convention relative to the treatment of prisoners of war.

Canada signed the Convention on July 27, 1929, and ratified it on February 22, 1933.

• The Four Geneva Conventions of 1949: • Convention (I) for the Amelioration of the Condition of the Wounded and Sick

in Armed Forces in the Field. Geneva, 12 August 1949. • Convention (II) for the Amelioration of the Condition of Wounded, Sick and

Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949 • Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12

August 1949. • Convention (IV) relative to the Protection of Civilian Persons in Time of War.

Geneva, 12 August 1949. Canada signed the Conventions on December 8, 1949, and ratified them on May 14, 1965.

• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

2 Refer to Appendix B for a brief historical background of The Canadian Red Cross Society.

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Canada signed the Protocol on December 12, 1978, and ratified it on November 20, 1990.

• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. Canada signed the Protocol on December 12, 1978, and ratified it on November 20, 1990.

• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005. Canada signed the Protocol on June 19, 2006, and ratified it on November 26, 2007.

As a State Party to the Geneva Conventions, the Government of Canada takes part in the Movement’s International Conferences. Since 1999, the Government of Canada has systematically reported on all outcomes from the International Conferences.3 Moreover, Canada has committed itself to a number of pledges: five at the 27th International Conference in 1999, five at the 28th International Conference in 2004 and nine at the 30th International Conference in 2007. Refer to Appendix C to review the Pledges. The Movement’s Statutes contain provisions that specifically apply to States Parties, including Canada, concerning their relationship and interaction with the Movement:

1. The States Parties to the Geneva Conventions cooperate with the components of the Movement in accordance with these Conventions, the present Statutes and the resolutions of the International Conference.

2. Each State shall promote the establishment on its territory of a National Society and encourage its development.

3. The States, in particular those which have recognized the National Society constituted on their territory, support, whenever possible, the work of the components of the Movement. The same components, in their turn and in accordance with their respective Statutes, support as far as possible the humanitarian activities of the States.

4. The States shall at all times respect the adherence by all the components of the Movement to the Fundamental Principles.

3 Reports are available online 27th International Conference: http://www.icrc.org/Applic/p127e.nsf/va_navPage/IBP!OpenDocument&Start=1&Count=1000&Expand=1.25 28th International Conference: http://www.icrc.org/Applic/p128e.nsf/va_navPage/IBP!OpenDocument&Start=1&Count=1000&Expand=1.27

http://www.icrc.org/Applic/p127e.nsf/va_navPage/IBP!OpenDocument&Start=1&Count=1000&Expand=1.25

http://www.icrc.org/Applic/p128e.nsf/va_navPage/IBP!OpenDocument&Start=1&Count=1000&Expand=1.27

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5. The implementation of the present Statutes by the components of the Movement shall not affect the sovereignty of States, with due respect for the provisions of international humanitarian law.

The Government of Canada has demonstrated its commitment to these Statutes and the Movement by funding a number of capacity-building initiatives. Most notable among these was the co-sponsoring in 1975 of a study and report entitled Final Report: An Agenda for the Red Cross. Better known as the “Tansley Report”,4 the report assesses the Movement’s role and outlines key strategic and organizational challenges for the Movement for the last quarter of the twentieth century. At the operational level, the Government of Canada works with the Movement’s various components throughout the world. It interacts with the Canadian Red Cross in situations of domestic disasters and with the Federation in international disasters such as the 2004 Southeast Asia Tsunami.5 The Canadian Forces has contact with the ICRC most notably in Afghanistan where the ICRC conducts statutory visits of detention centres. Furthermore, the ICRC regularly interacts with various government departments, especially the Office of the Judge Advocate General, on a number of operational and IHL issues. The Government of Canada continues to provide core funding to the ICRC and responds to emergency appeals from the ICRC, the Federation and the Canadian Red Cross. Several mechanisms have been established to facilitate timely contributions from the Government of Canada to the Society and the Movement. These are:

• Red Cross International Aid Trust • This Trust, administrated by the Society, was created on July 6, 2000, to hold

funds received from the Canadian International Development Agency (CIDA) until their disbursement to international relief projects.

4 The “Tansley Report” marks a turning point in the Movement’s history. It notably pointed out that National Societies excel particularly in the emergency phase of assistance, in which they have done much pioneer work and gained irreplaceable experience. The Government of Canada provided support not only in terms of financing but also in terms of information and personnel. The report was named after Donald Tansley, the Vice-President of the Canadian International Development Agency, who conducted the study from 1973 to 1975. In recognition of his work, in 1999, he received the Order of Canada as well as the Henry Dunant Medal, the highest award conferred by the International Red Cross and Red Crescent Movement. 5 Following the 2006 Southeast Asia Tsunami the Canadian Red Cross received approximately $195 million in donations from generous Canadians. In response to this overwhelming generosity, CIDA offered the Society $132.5 million in matching funds. To date, the Canadian Red Cross has successfully provided tsunami relief and recovery projects in four countries: Indonesia, Sri Lanka, Maldives and India.

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• Rapid Response Project • In collaboration with CIDA, the Canadian Red Cross has undertaken a Rapid

Relief Project. The three-year initiative enables the procurement, warehousing and deployment of emergency supplies such as tents, blankets and health kits for natural disasters and humanitarian crises. It also allows us to maintain a roster of humanitarian sector specialists who can be called into immediate action when needed.

In 2007, CIDA contributed close to 17 million Canadian dollars to the international programs of the Canadian Red Cross and this will rise to some 48 million Canadian dollars in 2008, primarily earmarked for tsunami-related housing reconstruction programmes. The following table illustrates CIDA’s current projects with the International Red Cross.

Funding to the Canadian Red Cross

• Networks for Community Health in Honduras REDES Project

• Linkages for Community Health In Nicaragua ENLACE Project

• Health Rehabilitation in Pakistan (HRP)

• Housing Reconstruction and Rehabilitation in Aceh and Nias, Indonesia

• Maldives Waste Management

• Sri Lanka WUSC Vocational Training

• Rapid Response Project

• CRCS Overseas Delegates Project

Funding through the Red Cross International Aid Trust

• Life-Saving and Primary Health Care in Conflict Areas of Colombia 1

• Africa Integrated Approach to Mortality and Morbidity Reduction (2005-07)

• Africa Integrated Child Survival Program (2007-09)

• IFRC Emergency Disaster Assistance Fund (EDAF) 2007 In times of crisis, Canadians turn to their Red Cross and time and again the Society provides a vehicle through which Canadians can demonstrate their concern for vulnerable persons by contributing both funding and volunteer hours to relief efforts. In 1999, the Canadian Red Cross established the International Disaster Response Fund (IDRF) to accelerate public contributions through the Society to large-scale disaster operations. When a crisis occurs, funds can be accessed within 24 hours, allowing for immediate relief prior to an appeal being

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launched. Canadians place their trust, time and funding in the hands of the Canadian Red Cross, which has actively assisted over 5 million people around the world. Appendix F identifies some of the major international appeals in which the Canadian Government and the Canadian Red Cross International Program participated over the past 20 years. The significance of the Government of Canada’s contributions is notable and commendable; Canada was the fourth-ranked donor to IFRC appeals during the period 2004-2007.

In brief: International dimension of the relationship

Ø Since the Movement’s foundation in 1863, Canada has either signed or acceded to all of the Geneva Conventions and Additional Protocols

Ø The Government of Canada participates in the Movement’s International

Conferences Ø The Government of Canada interacts regularly with the ICRC on a number of

operational and IHL issues Ø The Government of Canada provides core funding to the ICRC and responds to

emergency appeals from the ICRC, the Federation and the Canadian Red Cross

3) The Domestic dimension of the relationship In Canada, the Canadian Red Cross and Canadian public authorities interact on a number of issues. The Society’s relationship with governments in Canada spans the continuum from federal to provincial to local, and the nature of the relationship often differs between the Society’s programs. Below is a description of the different levels of interaction, broken down thematically. The Canadian Red Cross is the National Society in Canada. In 2002, the Canadian Red Cross launched an internal process that created a new Strategic Plan for the period 2003-2008.6 In this plan, Canadian Red Cross activities focused around four core areas: humanitarian values, disaster and conflict, health and injury prevention, and organizational capacity. These four program areas are inextricably linked. Humanitarian values, health and injury prevention, and

6 This Strategic Plan was recently extended to 2010.

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capacity building are all connected to the ultimate goals of building resilience among Canadians, assisting the most vulnerable in disasters and conflict, and promoting and safeguarding the dignity of the individual. The Government of Canada and the Canadian Red Cross work together at all levels of government and within those levels with many departments. The interim report identified the many collaborative programs and services that the Society provides along with assistance from provincial and territorial governments. To fully illustrate the scope of programs and services that the Canadian Red Cross offers in cooperation with public authorities in building civil society and responding to the most vulnerable, an overview is provided. It will cover the Society’s Injury Prevention, First Aid, Home Services, RespectED,7 Emergency Preparedness, and Humanitarian Issues programs. i) Health and Injury Prevention The Canadian Red Cross works in collaboration with individual provinces to deliver First Aid and Water Safety. Swimming lessons were first put in place as a public health program and, since 1946, the Canadian Red Cross has helped in reducing drowning from 8 in 100,000 people to 1.4 in 100,000. This model is extremely successful in terms of training and execution, as witnessed by the large number of people that have benefited from this program. The Red Cross Water Safety program has its strongest relationships with governments at the municipal level, where the Society provides expertise in swimming, water safety and leadership development. In 2007, the Red Cross trained over 1.6 million Canadians in its Water Safety programs. The Canadian Red Cross’ First Aid programs provide education and training in the concepts of preserving life, preventing further injury, and promoting recovery in emergency situations. First aid training also incorporates the prevention of initial injury and responder safety. Every Canadian, no matter where they live in Canada, is provided with access to first aid skills. The origins of the First Aid program date back to the 1930s when Canadian Red Cross First Aid posts were located on the highway between Montréal and Toronto to provide emergency care for victims of traffic accidents. By 1947, First Aid programs were available nationally. Today, the Red Cross delivers its First Aid programs through more than 3,100 training partners (Authorized Providers) across the country, who trained approximately 475,000 Canadians in 2007. The Red Cross follows regulations from Provincial Worker Safety and Insurance Boards for First Aid Programs across Canada (with the exception of Quebec), regulations from

7 RespectED is the Society’s Violence and Abuse Prevention Program.

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Transport Canada for Marine First Aid Programs and regulations from Human Resources and Social Development Canada (HRSDC) for First Aid Programs in the workplace. Approximately, 2,500 instructors and instructor trainers were trained to deliver a wide variety of First Aid and CPR training courses to help workplaces be compliant with both federal and provincial or territorial regulations, as each province and territory defines workplace health and safety regulations differently. The Red Cross developed a Web cast in 2007 to educate workplaces and individuals to prepare for a pandemic flu event. The role of the voluntary sector in the delivery of health programs has changed over time, and this same evolution has been seen in the programming offered by the Society. In the past, the Society operated hospitals, outpost hospitals and managed volunteer nursing services. Today, the Society has two primary domestic health programs that assist Canadians in home support to both an aging population and those with health problems. The Health Equipment Loan Program (HELP) is available in seven provinces, and Community Health Services (CHS) are delivered in Nova Scotia, New Brunswick and Ontario as shown in figure below. As health care service delivery is the responsibility of the provinces and territories, it is at this level that the Society formalizes its role in health care. In situations where the Society delivers similar services across provinces, the Society may standardize practices where feasible and improves the quality of care or service.

CHS is the largest not-for-profit provider of home-making and personal support services in Ontario with more than 3,000 workers who provide almost three million hours of client

HELP

Home Support

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services annually in person care, home management, and respite and companion care services. These services, delivered in cooperation with public authorities, are specifically covered under MOUs with the provinces. HELP services includes Meals on Wheels and Transportation Services and these services are offered in New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Ontario, Alberta and British Columbia. The HELP program is characterized by a range of relationships with government. HELP services have been expanding based on need and on increased recognition by provincial governments of Red Cross capacity to be a strong delivery partner. These services have been expanding, as the Red Cross needs to be able to assist Canadians all over the country and as services expand, the need increases. The CHS program has served over 27,695 people and the HELP program has served 123,316. It should be noted that there are no MOUs in existence between the territories and the Red Cross. This is an area where CHS capacity and relationships need to be increased. Another service that does reach the territories is the Society’s RespectED: Violence & Abuse Prevention program. This service was started in Western Canada in 1976 and has been expanded across the country in response to increased reports of violence and abuse. A program like this becomes essential for all civil society as an increase in urbanization is contributing to an increase in violence. RespectED emphasizes prevention education as a means to stop the cycle of abuse and violence. The Red Cross service helps to promote healthier relationships and safer communities. Built on decades of Canadian Red Cross experience in prevention education and community-based safety programs, RespectED is the only comprehensive national prevention program that addresses all types of abuse, harassment, neglect and relationship violence. This service has helped more than one million Canadian youth and adults understand what constitutes abuse, harassment and interpersonal violence, why these happen, and how to get help. RespectED workshops and presentations are delivered by highly trained and certified staff and volunteers across Canada. All programs engage learners in an interactive experience and encourage a community approach to prevention. Customized programs are delivered for the Department of National Defence’s Junior Canadian Rangers and Cadets. Various provincial ministries of Education,8 Social Services and Sports and Recreation work in cooperation with the Red Cross in promoting the RespectEd program. Nationally, RespectED has taken the lead

8 See Appendix X for a list of relationships.

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on the Canadian Red Cross Prevention of Sexual Exploitation and Abuse (PSEXA) project with the goal of maintaining safe environments. The Red Cross works with the Senate Committee against Commercial Sexual Exploitation of Children and Youth and with the Public Health Agency of Canada’s Injury and Violence Prevention Advisory Committees. The Canadian Red Cross held its first National Meeting for its Aboriginal RespectED coordinators in 2008, which included guest speakers from various Aboriginal organizations and Federal government departments. ii) Humanitarian Issues Programs The role of the Red Cross in this field is realized through the Restoring Family Links and Detention Monitoring programs. These are key services that the Canadian Red Cross offers in collaboration with other humanitarian organizations, Canadian public authorities, the ICRC and the Federation. The Canadian Red Cross Restoring Family Links program works with an international network of Red Cross and Red Crescent Societies worldwide to reunite family members where contact has been lost due to war, internal conflict, natural disaster, and other reasons such as a death or illness in the family. Each year, more than 1,000 people seek help from the Canadian Red Cross to re-establish contact with their family members. The Movement was given this mandate by States through the Geneva Conventions. The Society’s role in detention monitoring in Canada began in 1999 when the Government of Canada came to the Canadian Red Cross to help ensure that a group of Chinese migrants detained on the West Coast benefited from all of the appropriate protections afforded them under national and international law. Since that time, the Society’s Detention Monitoring program has grown to include federal and provincial facilities across Canada that hold over 12,000 persons detained under Canada’s Immigration and Refugee Protection Act each year. The Canadian Red Cross Detention Monitoring program promotes the basic rights of people detained under the Immigration and Refugee Protection Act by visiting and evaluating the centres where detainees are held. The Detention Monitoring Program provides independent monitoring to promote humane treatment in accordance with national and international standards. The Society considers these activities on behalf of immigration detainees as complementary to those of public authorities. The Canadian Red Cross has a formal agreement with the Canada Border Services Agency (CBSA) known as the “Memorandum of Understanding Regarding the Monitoring of Immigration Detention between the Canada Border Services Agency and The Canadian Red Cross Society”. The MOU, signed on November 3, 2006, by the President of the CBSA, Alain Jolicoeur, and Dr. Pierre Duplessis, Secretary General of the Canadian Red Cross, formalizes commitment and collaboration regarding the monitoring of immigration detention. The Society’s activities neither preclude nor replace the role of any public authorities with legal

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jurisdiction over immigration detention facilities in Canada, but act as a safeguard, and an increasingly recognized best practice. The MOU is not just about monitoring conditions, but also about sharing information and finding ways to build an environment in which best practices become standard practice. As auxiliary to the government in the humanitarian field, the Society plays an important role in monitoring the Canadian Government’s compliance with national and international standards in immigration detention. Hence, the Society commends the Government of Canada’s openness in allowing an independent monitor to assess detention conditions in immigration facilities. iii) International Humanitarian Law The Government of Canada and the Canadian Red Cross are responsible for the dissemination of IHL. Article 3(2) of the Movement’s Statutes provides that National Societies shall disseminate and assist their governments in disseminating IHL. Articles 82 and 83 of Schedule V to the Geneva Conventions Act impose obligations on the Government of Canada in the dissemination of IHL. Articles 82 and 83 provide as follows:

Article 82 — Legal advisers in armed forces

The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject. Article 83 — Dissemination

1. The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that those instruments may become known to the armed forces and to the civilian population. 2. Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof.

In addition to these statutory obligations, the Government of Canada and the Canadian Red Cross created the interdepartmental committee known as the Canadian National Committee on

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Humanitarian Law (CNCHL). The committee was established by MOU understanding in March 1998 and has five purposes:

• To recommend ratification of instruments of IHL;

• To facilitate the implementation of obligations arising from this body of law in particular by reviewing and advising on national legislation and administrative measures;

• To advise on disseminating and training in IHL in Canada;

• To recommend the adoption of measures to promote national implementation in other States drawing on the resources and expertise available in Canada; and

• To maintain a pool of personnel with expertise in IHL and ensure links with other National Committees and the ICRC.

The CNCHL includes representatives from the departments of Foreign Affairs, National Defence and Justice, from the Canadian International Development Agency, the Solicitor General of Canada as represented by the Royal Canadian Mounted Police (RCMP) and the Canadian Red Cross Society. The mandate of the CNCHL is to facilitate the implementation of IHL in Canada, including the Geneva Conventions of 1949 and the Additional Protocols of 1977. The major functions of the Committee include:

• Considering and, where appropriate, recommending the ratification of legal instruments pertaining to IHL;

• Coordinating the implementation of IHL obligations;

• Providing advice on IHL dissemination and training in Canada;

• Coordinating and stimulating the actions of governmental departments and other relevant organizations to strengthen compliance with and enhance the dissemination of IHL;

• Examining and, when appropriate, recommending measures to promote the national implementation of IHL in the domestic law in other countries drawing on the resources and expertise available in Canada; and

• Maintaining an updated list of experts in IHL and sharing information on IHL with other national committees, as well as the International Committee of the Red Cross.

The committee is chaired by its members on a rotational basis and The Canadian Red Cross Society acts as the Secretariat of the committee. It currently meets two or three times per year.

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iv) Emblem Protection The red cross on a white background, the red crescent on a white background and, most recently, the red crystal on a white background are all symbols of the humanitarian network which is the Movement. They signify neutral, impartial help for vulnerable people. The Red Cross and Red Crescent humanitarian workers seek access to places where suffering is greatest, often at great personal risk. Their only protection is the emblem they wear and the awareness of those around them that the emblem stands for neutral, impartial humanitarian aid. Protecting these symbols saves lives and mitigates suffering. Associating these symbols with any activity that diminishes their capacity to be symbols of impartial help can contribute to loss of life and exacerbate human suffering. The unique and distinct role of the Movement and in particular its relationship with States Parties is intertwined tightly with its symbols. The symbols are owned by no one and by everyone. The Movement uses them; but States Parties agree to protect them under their laws. The Movement undertakes to educate the public on the need to protect the symbols. States Parties pursuant to Articles 53 and 54 of the Geneva Conventions agree to take domestic legal measures to protect the emblems and ensure that their measures are sufficient. Articles 53 and 54 provide as follows:

Article 53

The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation “Red Cross" or "Geneva Cross" or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times. By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinctive emblem of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trademarks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be prohibited at all times. Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of 27 July 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to

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discontinue such use provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention. The prohibition laid down in the first paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of Article 38. Article 54

The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53.

The Movement’s emblems are integral to the organization’s original purpose. To assist the victims of armed conflict, it became essential to protect the personnel within army medical services and the volunteers with the national “relief societies”. Today, the red cross, red crescent and red crystal all enjoy a similar privileged and protected status under national and international law as emblems of the Movement and of the medical services of armed forces. v) Emergency Management The Red Cross has a proven track record in the development and successful execution of the various programs and services as outlined above and, although the Society’s Strategic Plan states that “no one core area is more important than the other”, disaster response and emergency management have nevertheless crystallized as an area of heightened focus for the organization. Emergency management is a role in which the Canadian Red Cross is often primarily associated. A recent poll of Canadians shows that, when it comes to disaster response, an overwhelming number of Canadians think of the Canadian Red Cross first before any NGO, the Canadian Forces or the Government of Canada.9 The results from the question “What organizations come to mind when you think of help to people affected by disaster in Canada?” are as follows:

9 Environics Research Group

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In the Emergency management role, as early as 1917 with the Halifax explosion and through many other major emergencies, such as the following, the work of the Red Cross in cooperation with the Government of Canada has been extensive and effective:

- the Edmonton Tornado (1987), - the Saguenay River floods in Quebec (1996), - the Red River floods in Manitoba (1997), - the ice storms in eastern Ontario and western Quebec (1998), - the terrorists attacks in Manhattan and Washington (2001), - the SARS epidemic in Toronto (2003), - the largest power blackout in North American history (2003), - Hurricane Juan in Nova Scotia (2003), - the fires in British Columbia (2004), - the floods and severe weather in western Canada (2005), and - the most recent explosion of a Toronto propane facility (2008). In March 2003, the Province of Ontario declared a state of emergency related to an outbreak of Severe Acute Respiratory Syndrome (SARS) and the Ontario Ministry of Health requested assistance from the Society. The Canadian Red Cross and approximately 379 of its volunteers provided support to more than 2,600 households. These volunteers paired up with their counterparts from St. John Ambulance to provide surgical masks, thermometers, SARS print information and health kits to people left isolated by voluntary quarantine in their homes. The Canadian Red Cross team participated in special training sessions established to educate the

10

20

4

6

9

13

58

None

Other

United Way

Government of Canada

Canadian Forces

Salvation Army

Canadian Red Cross

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volunteers on the strict protocols for delivering much-needed items to the homes of quarantined people. On a municipal level, the Red Cross responds to at least one fire emergency a day. Seasonally, the Red Cross has become increasingly active in supporting response to climate extremes. During times of severe heat waves in Toronto, the Red Cross provided an information line for the public, distributed water to the homeless population, worked closely with EMS to provide home visits to elderly and vulnerable clients, and opened and operated three cooling centres. BC coastal communities have been impacted annually by severe winter storms and the Red Cross has responded, providing services to homeless shelters and working closely with all levels of government, including First Nations, to support the development and implementation of community collaborative recovery initiatives. To formalize the Society’s role in the provision of emergency and disaster services at the local level, the Red Cross has signed a number of agreements with municipalities across the country; to date over 800 municipalities have service agreements with the Canadian Red Cross. Collaboration with provinces in Emergency Management is addressed in MOUs or other similar agreements. The Society has provincial agreements with Quebec, Ontario, Manitoba, Saskatchewan, Nova Scotia, Newfoundland, British Columbia and Prince Edward Island. Strengthened preparedness improves response. When an emergency occurs, depending on its size and nature, the Red Cross is called upon by either the municipality or the provincial or territorial government to provide services. The most common services delivered by the Society on behalf of public authorities are Emergency Social Services. The Society also has the capacity and expertise in other services that are requested during emergencies such as information management, fund management and volunteer coordination. The Society has also initiated major recovery programs following disasters such as the Saguenay floods, Manitoba floods, Badger floods and British Columbia fires. Appendix E identifies some of the major Canadian disaster to which the Canadian Red Cross responded since 1917. The following table outlines the formal agreements that currently exist between the Canadian Red Cross and provincial governments:

British Columbia

Letters of Understanding between the Province of BC and the Canadian Red Cross - April 2008; plus General Agreement

Purpose Canadian Red Cross will assist the Ministry of Public Safety through the Emergency Program in providing the following services: -Management of the Central Registry and Inquiry Bureau -Coordination of the provision of public information through an Emergency Information Call Centre

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-Coordination of the provision of Family Reunification training and services -provide Family Reunification Community Training

Funding Reimburse expenses related to the activation and operations of the CRIB during response and recovery operations; reimburse expenses related to activation and operation of the Call Centre; funding is received on an annual basis for the Family Reunification training

Newfoundland and Labrador

Agreement between the Government of NFLD and the Canadian Red Cross NFLD & Labrador Region - December 2000

Purpose Canadian Red Cross to assist the Department of Human Resources and Employment with the provision of emergency social services considered essential for the immediate and continued well-being of persons affected by an emergency/disaster situation. Emergency social services are defined as: -Family Reunification Services -Food Services -Lodging Services -Clothing Services

Funding No funding attached to the agreement

Nova Scotia Agreement between Her Majesty the Queen in Right of the Province of Nova Scotia and the Canadian Red Cross - March 2001

Purpose Canadian Red Cross to assist the Minister of Community Services in the provision of emergency social services. Both Parties will work together in the prior planning, training and preparedness for an emergency and for the provision of emergency social services in an actual emergency. Emergency social services are defined as: -Registration and Inquiry -Food Services -Lodging Services

Funding $100,000 per annum

Manitoba Agreement for Training and Registration and Inquiry Services between the Government of Manitoba and the Canadian Red Cross. Date: n/a

Purpose Canadian Red Cross to provide the following emergency services at the request of the Government of Manitoba: -Registration and inquiry -Preparedness and training to prepare personnel for response in the event of a disaster; including volunteer management, recruitment and training of all personnel each year.

Funding Reimbursement of up to a maximum of $11,500 per fiscal year for services provided

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Ontario Agreement for services between the Province of Ontario represented by the Minister of Community and Social Services and the Canadian Red Cross Signed in 2008

Purpose Canadian Red Cross will provide services and resources to the Ministry for the provision of Emergency Social Services in the following areas: -Emergency shelter; Reception Centre Services; Victim Registration and Inquiry Services; Personal Services; Food and Clothing Services Other obligations: -participate in joint Emergency Social Services Planning -provide orientation and training as required -coordinate, manage and use Canadian Red Cross trained staff and volunteers when assisting the Ministry in emergencies

Funding Reimbursement of expenses only for any requested service

Prince Edward Island

Agreement between the Government of PEI and the Canadian Red Cross Atlantic Zone - May 2002

Purpose Canadian Red Cross will provide services and resources to the Government of PEI for the provision of Emergency Health and Social Services in and throughout the Province of PEI. Both Parties will work together in the prior planning, training and preparedness for an emergency and for the provision of Emergency Health and Social Services in an actual emergency. Emergency Social Services are defined as: -Registration and Inquiry -Food Services -Lodging Services -Clothing Services

Funding $14,000 per annum

Quebec Agreement between the Minister of Public Security of Quebec and CRC Quebec Division defining collaboration in matters of emergency response. First signed in 1990, renewed in 1995, 2001, 2003 and 2007

Purpose Canadian Red Cross as an international humanitarian organization auxiliary to public authorities will collaborate and intervene with the designated Government of Quebec Department/Entity during an emergency situation. CRC’s collaboration with the Government of Quebec includes: -Management of Emergency Materials -Management of volunteer resources

Funding Reimbursement of costs related to the management of emergency materials (annually) and of expenses related to Canadian Red Cross disaster services provided during a disaster

Saskatchewan Agreement for Services between the Government of Saskatchewan and the CRCS At time of publishing Draft Only Agreement –not yet signed

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Purpose Canadian Red Cross will provide registration and inquiry services, being recognized officially as an auxiliary to the public authorities in providing protection and assistance to those impacted by disasters, and which has the resources and mandate to assist in the provision of disaster relief. The Services include: -Family Reunification Services and Central Registration and Inquiry -Preparedness and training including recruitment, training and equipping the Canadian Red Cross and municipal or community R&I volunteers

Funding Reimbursement of expenses only for any requested service other than R&I which the Canadian Red Cross will provide at no cost

At the federal level, the Canadian Red Cross has an MOU with Public Safety Canada. This MOU ensures collaboration in matters of emergency preparedness and prevention, as well as response and recovery. The following is an outline of this MOU: MOU with Public Safety Canada The Memorandum of Understanding between the Department of Public Safety and Emergency Preparedness and The Canadian Red Cross Society concerning their collaboration in matters of emergency management was signed on May 8, 2006, by the Honourable Stockwell Day, Minister of Public Safety, and Dr. Pierre Duplessis, Secretary General of the Canadian Red Cross. This MOU acknowledges the Society as auxiliary to the public authorities at the provincial, territorial and local levels to support their respective emergency management activities and establishes the principles that govern the relationship between the Department of Public Safety and Emergency Preparedness Canada (now called Public Safety Canada) and the Society for their collaboration in matters of emergency management.

The MOU’s objectives are:

• to identify how the Society may assist the department in supporting the Government of Canada’s response during an emergency;

• to promote emergency preparedness and public awareness of matters related to emergency management;

• to participate in exercises and provide education and training related to emergency management; and

• to promote a common approach to emergency management, including the adoption of standards and best practices.

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The intent of this agreement is to allow Public Safety Canada to better prepare and react to disasters across Canada with this strong and continuing partnership between the Canadian Red Cross and the Government of Canada. A comprehensive joint annual work plan was established in 2006, and is maintained by both parties in order to successfully meet the agreement’s objectives. The role of the Canadian Red Cross, and that of the volunteer sector, has changed over time in relation to other social and policy developments. The Society continues to be responsive to the dynamic and evolving humanitarian needs in Canadian society.

In brief: Domestic Dimension of the Relationship

Ø Programs and Services • The Canadian Red Cross provides a number of services across Canada,

including training and education, health services, humanitarian aid, and emergency preparedness and response

Ø Emblem protection • The Movement uses the emblems; but States Parties agree to protect them

under their laws

Ø Emergency Management • Emergency Management collaboration is addressed in Memoranda of

Understanding (MOUs)

Ø International Humanitarian Law • The Government of Canada and the Canadian Red Cross have responsibilities

for the dissemination of IHL

Ø Collaboration with provinces in Emergency Management is addressed in Memoranda of Understanding (MOUs) or agreements

Ø There is a Memorandum of Understanding between the Department of Public

Safety Canada and Emergency Preparedness and The Canadian Red Cross Society in matters of emergency management

• A comprehensive joint annual work plan exists

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4) The Auxiliary dimension of the relationship

i) International Impetus and Guidance One of the Movement’s defining characteristics is the status and role of National Societies as “auxiliaries to the public authorities in the humanitarian field”. This is an essential point. The status of National Societies as “auxiliaries” is not a notional or “self-appointed” role. From its inception in 1863 at the First Geneva Conference and then subsequently in 1864 with the First Geneva Convention, the idea of volunteer relief societies—auxiliaries—to assist army medical services and the protection afforded to them was firmly grounded in IHL.10 The concept of “auxiliarity” is firmly embedded in the Fundamental Principles of the Red Cross11 and in the Movement’s Statutes12 and is also recognized in a United Nations General Assembly Resolution.13 In short, auxiliarity is at the core of the identity of both National Societies and the Movement. In fact, having “auxiliary status” remains an important pre-condition for a new National Society to be recognized by and admitted into the Movement.

The concept of being auxiliary to the public authorities dates back to the Movement’s origins. Although it originally referred only to support provided to the medical services of the armed forces, it gradually came to be applied to other activities of National Societies and is referred to in the Movement’s Statutes. The wording of this condition has been broadened over time to reflect the emergence of professionalized humanitarian services. While formally the concept of being auxiliary to the public authorities is universal, it has however not been interpreted in the same way in all countries. The 27th International Conference of the Red Cross and Red Crescent in 1999 started the “renaissance” of the auxiliary concept. Supported by all States Parties to the Geneva Conventions (including the Government of Canada) and the Movement, a Plan of Action was adopted which called for the Federation to collaborate with the ICRC and National Societies to conduct a comprehensive study of the working relationship between States and National Societies. The expected result of the study was to ensure that:

10 See Appendix One, Chapter IV, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. 11 See Appendix Two, Fundamental Principles of the Red Cross Movement, XXth International Conference of the Red Cross, Vienna, 1965 12 See Appendix Three, Article 4.3 of the Statutes of the International Red Cross and Red Crescent Movement (as passed by States at International Conferences). 13 See Appendix Four, General Assembly Resolution 49/2 adopted in 1994.

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Components of the Movement and States have a clearer and more common understanding of the National Society auxiliary role, its advantages and restrictions, in light of changing needs and of the evolving role of other service providers.

The study, initiated in 1999 and completed in 2003, was entitled National Red Cross and Red Crescent Societies as Auxiliaries to the Public Authorities in the Humanitarian Field. The Movement responded to this important study with a resolution at the 2003 meeting of the Council of Delegates, which, among other things, encouraged National Societies to engage in discussions with States to strengthen “government understanding of the value of the auxiliary character of National Societies and the importance of a balanced relationship”. The “balanced relationship” mentioned in the motion refers to the creative tension that exists between the Red Cross Fundamental Principle of “Independence”—being separate and apart from government—weighed against a National Society’s close working relationship with government on humanitarian issues. It is, to say the least, a delicate equation requiring constant vigilance to ensure a careful reconciliation between a vital principle and an important role. The study concluded that the auxiliary relationship between states and their national society was centred upon the following characteristics:

• Involvement of the National Society in the implementation of the obligations incumbent upon the State on the basis of IHL and the resolutions of the International Conference of the Red Cross and Red Crescent;

• Utilization by the State of the National Society’s medical personnel put at the disposal of the medical services of armed forces, in strict accordance with the First Geneva Convention and, where applicable, the First Additional Protocol;

• Cooperation in respect of other tasks related to IHL where both the State and the National Society are involved, such as tracing services;

• Consultation with the National Society on major humanitarian issues;

• Participation of the National Society in the health and social sector and in actions of relief and disaster preparedness; this involves not only the National Society’s own service delivery action but also its contribution on the basis of its experience, and the policy of the International Federation, to governmental policy-making in these sectors;

• Cooperation respecting the distinct role of the Red Cross/Red Crescent in international operations; such operations include response to the needs of

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conflict and disaster victims, and building the capacity of National Societies in other countries to respond to needs in the health and social sectors;

• Utilization of the National Society’s capacity in the fields in which it is competent, and of its ability to act as a link between the organizations of civil society and the State (including, where necessary, the armed forces); and

• Support from the National Society of the State’s humanitarian activities, including acceptance of appropriate mandates.14

The study further stressed the importance of establishing a balanced relationship taking into account the Movement’s Fundamental Principles. To this effect, the study stressed the necessity for the National Society to remain neutral and impartial at all times. The study stressed that:

• At all levels, the representatives of the State and the National Society understand the importance of the Fundamental Principles and ensure that the work of the National Society is guided by the Fundamental Principles.15

• The State and the National Society work with a view to creating an enabling environment allowing the best possible action from the National Society. In particular:

• The State facilitates the functioning of the National Society by adopting appropriate legislation (or derogation to existing legislation) in the fields of voluntary service, tax and customs status of the National Society, and use of the emblem by the National Society, in conformity with the Geneva Conventions;

• The State and the National Society use the “Characteristics of a Well-Functioning National Society”16 and “Guidance for National Society Statutes” to facilitate changes in the legal status of the National Society, its structure and its rules of functioning; in this context, public authorities take into account the comments that the ICRC and the Federation may formulate in respect of National Society’s statutes; and

14 National Red Cross and Red Crescent Societies as Auxiliaries to the Public Authorities in the Humanitarian field. Conclusions from the study undertaken by the International Federation of Red Cross and Red Crescent Societies. 15 Statutes of the International Red Cross and Red Crescent Movement, adopted by the 25th International Conference of the Red Cross and Red Crescent, 1986, Preamble (http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement). 16 Statutes of the International Red Cross and Red Crescent Movement, adopted by the 25th International Conference of the Red Cross and Red Crescent, 1986, Preamble (http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement).

http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement)

http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement)

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• Mechanisms for dialogue and safeguards are established for all forms of State-National Society cooperation. This includes National Society contribution to governmental policy-making in the fields of disaster management, health and social services. The roles and responsibilities are established in general and for each operation or programme, preferably by agreement between both parties.

Within the Movement, work on the “auxiliary issue” and “balanced relationships” continued. At the Council of Delegates held in Seoul, South Korea, in November 2005, a background document was produced by the Federation and the ICRC which, among other things, noted that: “the type of environment where a ‘balanced relationship’ can be developed does not exist everywhere, for lack of a clear legal base (e.g. recognition law, statutes) or of political will, either on the part of the government or of the National Society”. A further resolution on the auxiliary issue was passed, which re-iterated the need for National Societies to work closely with their government to strengthen “government understanding of the value of the National Societies’ auxiliary role.” And finally, the document advised that: “In the lead-up to the International Conference in 2007, it will be necessary to intensify the consultation process with governments”. A number of preparatory meetings followed, notably two meetings of the National Societies and States representatives on the status and role of the National Societies as auxiliaries to their respective public authorities in the humanitarian field and The Second Commonwealth Red Cross and Red Crescent Conference on International Humanitarian Law. These meetings reaffirmed the findings of the Federation’s study and paved the way forward to the 30th International Conference by adopting a resolution on the auxiliary role. This resolution contained a formal definition of the auxiliary relationship. Refer to Appendix D to review the resolutions. At the 30th International Conference in 2007, the issue of “National Societies as auxiliaries” formed an important part of the agenda. Resolution 2, unanimously adopted by the Conference (including the Government of Canada), clearly outlined that it is the primary responsibility of States and their respective public authorities to provide humanitarian relief to vulnerable persons on their respective territories and that the primary purpose of National Societies as auxiliaries to the public authorities in the humanitarian field is to supplement them in the fulfilment of this responsibility. It also provided a more formal definition of the auxiliary by providing the following definition:

[Recognises that] public authorities and National Societies as auxiliaries enjoy a specific and distinctive partnership, entailing mutual responsibilities and

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benefits, based on international and national laws, in which the national public authorities and the National Society agree on the areas in which the National Society supplements or substitutes public humanitarian services; the National Society must be able to deliver its humanitarian services at all times in conformity with the Fundamental Principles, in particular that of neutrality and independence, and with its other obligations under the Statutes of the International Red Cross and Red Crescent Movement as agreed by States in the International Conference of the Red Cross and Red Crescent.17

The resolution reaffirms and officially recognizes that at the most basic level, the auxiliary relationship, and particularly the relationship between the Government of Canada and the Canadian Red Cross, exists on a foundation of shared values, respect for human dignity and a shared commitment by both to the Movement’s humanitarian objectives. Before the 30th International Conference, some may have claimed that, since humanitarian affairs are an issue of public policy, all of the National Societies’ humanitarian activities could have been deemed “auxiliary”. This current definition gives a more formal meaning to auxiliarity. National Societies are auxiliaries when they agree with their public authorities on the areas in which they supplement or substitute public humanitarian services. Agreement is key; that the above-mentioned wide view of the auxiliary nature of National Societies is not that which is held by the Movement. It is also a more grounded and realistic approach as the agreement allows outlining specific roles and responsibilities. In this sense, the auxiliary status of the Society, that is the formal textual recognition, serves as a reminder to States and their citizens that States created and recognized National Societies to aid in humanitarian matters. It also preserves the imperative for National Societies to recognize that their humanitarian mandate may exceed their auxiliary role. ii) Auxiliary Relationship in Canada

The search for clarity around what is meant by the term “auxiliary” has been the driving force at both the international and domestic levels behind the renewed legal basis and reinvigorated relationships between National Societies and national government. The direction provided by the International Conference, the Movement and public consultations gives meaning to the auxiliary role in Canada.

17 Available at : http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/30-international-conference-resolutions-061207/$File/30IC_Resolution2_Auxiliary_ENG__ADOPTED.pdf

http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/30-international-conference-resolutions

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The first question asked to Canadian participants in the public consultations related specifically to auxiliary roles. Participants often took a wider interpretation of the auxiliary role and often examined the nature of the roles rather than the criteria of the definition to be proposed at the International Conference.18 As noted in the Interim Report, while the auxiliary concept is not well-understood within governments or among the general public, that did not stop consultation participants from readily identifying auxiliary roles in the areas of emergency management, health and injury prevention, the promotion of humanitarian values, and the dissemination of IHL. There was also a clear consensus that collaboration in protecting the emblem was an excellent example of a specific auxiliary role. Although thematically all of these areas may be considered auxiliary in nature, the Canadian Red Cross does not have specific agreements with the public authorities on all of these matters. While the Canadian Red Cross’ work in emergency management and IHL dissemination seems to present clear-cut cases of auxiliary roles, there was somewhat less unanimity around other of the Society’s program activities. Some wide-ranging discussions occurred, for instance, around the topic of whether all of the Canadian Red Cross’ programs are characterized in some measure as auxiliarity, or whether a more narrow construction should apply. Examples of this diversity of opinion include:

• Some participants saw problems in categorizing activities in the Health and Injury Prevention sphere as auxiliary, since fees are charged for programs such as First Aid and Water Safety.

• Home Care programs are seen by some as being auxiliary, as are the Health/Medical Equipment Loans Programs. Because Home Care is a contracted service, many felt that the auxiliary role would only apply in certain circumstances where there are gaps in government programs and no similar service is offered by another agency. In this sense, the Society’s auxiliary status is not intended to grant the Society specific competitive advantages over other service providers.

However, the definition offered by the 30th International Conference does not speak to the specific means of the agreement, and therefore services that charge fees, or fall under the domestic legal terms “contracted out”, may still fall with the definition of auxiliary.

As noted above, the Society has many forms of agreement with various levels of public authorities from the municipal level to the provincial level to the various Federal departments. 18 Since the consultations took place through the summer of 2007, the definition had not yet been adopted by the 30th International Conference, which took place in November 2007.

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Some of the Society’s current agreements with public authorities, notably provincial and municipal, explicitly reference the Society’s auxiliary status. However, this alone does not suffice to constitute an auxiliary role. Based on the definition provided by the International Conference, identification of specific auxiliary roles is a matter of simply answering the following questions:

• Does the Society supplement or substitute a public humanitarian service? • Is there an agreement as to the specific roles and responsibilities between that

National Society and the specific public authority?

Based on this “auxiliarity test”, the Society’s auxiliary role becomes evident through the various aspects of disaster management, Community Home Services and certain aspects of its programming in the area of health and injury prevention. Defining and labelling auxiliary roles must not remain an academic exercise. Once a role is identified as auxiliary, the Society and the public authority should continuously engage to ensure that a fruitful dialogue is maintained on operational and policy issues while respecting the Fundamental Principles. In this sense, labelling an auxiliary role as such is a call for engagement and vigilance towards ensuring that the relationship is maintained and that channels of dialogue remain open and respectful in order to achieve the common goal of serving beneficiaries effectively. In this sense, rather than focusing on which specific roles are considered auxiliary, the solution lies in establishing a process towards a relationship that creates a venue where humanitarian matters including the auxiliary roles can be discussed with Governments as a whole. It is for this reason that we will now focus on the overall relationship with Canadian Public Authorities at all levels.

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In brief:

Auxiliary Relationship: current status

Ø Definition from the 30th International Conference:

[Recognises that] public authorities and National Societies as auxiliaries enjoy a

specific and distinctive partnership, entailing mutual responsibilities and benefits, based

on international and national laws, in which the national public authorities and the

National Society agree on the areas in which the National Society supplements or

substitutes public humanitarian services; the National Society must be able to deliver its

humanitarian services at all times in conformity with the Fundamental Principles, in

particular that of neutrality and independence, and with its other obligations under the

Statutes of the International Red Cross and Red Crescent Movement as agreed by States

in the International Conference of the Red Cross and Red Crescent

Ø Auxiliary status, that is, the formal textual recognition, serves as a reminder to States and their citizens that States created and recognized national societies to aid in humanitarian matters.

Ø Identifying auxiliary roles as such is a call for engagement and vigilance towards

ensuring that the relationship is maintained and that channels of dialogue remain open and respectful in order to achieve the common goal of serving beneficiaries effectively.

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Part II Strengths and Shortcomings of the Canadian Red Cross’ Relationship with Public Authorities in Canada

Part I outlined a picture of the Society’s current relationship and interaction with various levels of Government. Based on the results of the public consultations and the research of the Auxiliary Role Project team, it is now important to examine the strengths and shortcomings of this relationship in order to identify gaps and missed opportunities to achieve the common goal: effective and timely services to the most vulnerable. 1) Strengths i) Domestic Throughout the public consultation, it became apparent that the Society generally enjoys a good reputation among the public and public authorities. A recent Environics poll commissioned by the Canadian Red Cross found that nine in ten Canadians hold a positive view of the Society with over half saying that their view was very positive.19 The public confidence offers governments a legitimate reason to engage the Society. Perceptions of the Canadian Red Cross July 2004-March 2008

Verypositive

Somewhatpositive

Somewhatnegative

Verynegative

dk/na

49 52 54

40 35 37

6 6 4 3 4 2 3 3 3

July 2004

July 2005

March 2008

As noted in the interim report, four “key strengths” were emphasized across the country in support of the auxiliary role of the Canadian Red Cross. They include: 19 Q35R Overall, would you say your view of the Canadian Red Cross is positive or negative? Would that be very or somewhat positive?

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• The ability to mobilize human, financial and material resources; • The broad reach of the Canadian Red Cross nationally and the even broader

network that exists through the Movement; • The organization’s leadership in fostering an ethic of volunteerism; and • The Fundamental Principles.

Participants felt that the Fundamental Principles were in full accord with Canadian values and culture and in that respect presented no impediment to Canadians’ acceptance of the auxiliary role. As the ethical base for the Movement and the Canadian Red Cross, the Fundamental Principles were seen as resonating well with youth, Aboriginal groups and new immigrants. They were also seen as a “passport” allowing the Society to bridge political, cultural, religious, racial, ethnic and social divides. In addition, many comments were made concerning how effective both the Movement and the Canadian Red Cross have been in ensuring that the Fundamental Principles permeated every aspect of the Society’s behaviour and decision-making. The Canadian Red Cross was often seen by government participants as a strategic asset, as an organization that can make a contribution to public policy and be fully integrated into system-wide planning for emergency management and pandemics. This was often supported by a common remark heard from government representatives, especially those involved in emergency management: “We come to you [the Red Cross] because of what you can do, not because of your auxiliary role.” Furthermore, it was noted in the Montréal consultation that one of the Society’s major assets, as far as public authorities are concerned, is its organizational capacity. This has been demonstrated through the Society’s reliability and predictability in emergency and crisis situations.

In essence, the main value of the Canadian Red Cross to Canadian public authorities resides:

• in the nature of its work: building a resilient civil society and providing emergency response capacity

• in the manner in which it achieves this goal efficiently by mobilizing the power of humanity through volunteers and other donated resources.

This work, of course, is facilitated by the symbolic strength of the emblem, which in times of difficulty serves both as a rallying point for those in need and those who wish to give help and support. In this sense, the “auxiliary status” is not a tool to grant a specific role or advantage to the Society but rather, as previously noted, a reminder of the Society’s mandate and role.

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This perception of the National Society’s added value to government in Canada is generally in line with the view of other countries. In the international consultations, it was noted that sister National Societies have the impression that their governments see their added value in a range of general qualities, including that of being a reliable, competent and trustworthy partner with a strong volunteer base and a national and international network for operations. Moreover, the traditional discreet diplomacy employed by the Movement has served it, and particularly the ICRC, well for over 140 years. The private advocacy of the Movement, including that by National Societies, has often achieved remarkable humanitarian successes precisely because of the confidence felt by public authorities in the Red Cross and Red Crescent, based on long experience, and the fact that such representations were private, thus avoiding public confrontation or controversy. A significant aspect of such advocacy has been the Movement's reputation for what may be termed “realistic idealism”, for achieving practical results for the benefit of persons in need. Henry Dunant, in A Memory of Solferino, advocated a practical, realistic prescription to help the wounded and sick on the battlefield. Dunant detested war as much as anyone else, but he recognized that, since war exists, one must do what one can at a practical level to attenuate its horrors. A recent article by Stephen E. Flynn in Foreign Affairs entitled “America the Resilient – Defying Terrorism and Mitigating Natural Disasters” addressed the vital issue of citizen engagement. Flynn observed that when it comes to perils of the 21st century such as terrorism or natural disasters, Americans are generally unprepared.20 He pointed to a June 2006 report issued by the US Department of Homeland Security on disaster preparedness that found a quarter of state emergency operations plans and about one in ten municipal plans were able to deal with a terrorist attack or natural disaster. Overall, plans were deemed “not fully adequate, feasible, or acceptable to manage catastrophic events”.21 Even more troubling, said Flynn, is that the American public has been shunted to the margins by a post-9/11 US approach that failed to draw on the “legacy of American grit, volunteerism, and ingenuity in the face of adversity”.22 The very nature of these challenges, he adds, is that they require “the broad engagement of civil society” and can only “be managed by an informed, inspired, and mobilized public”. Societal resilience, traditionally a great national strength, has been allowed to slip. As he notes:

20 Stephen E. Flynn, “America the Resilient – Defying Terrorism and Mitigating Natural Disasters”, Foreign Affairs, March-April 2008. p. 2 21 ibid. p. 3 22 ibid. p. 3

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...this reservoir of self-sufficiency is being depleted. The United States is becoming a brittle nation. An increasingly urbanized and suburbanized population has embraced just-in-time lifestyles tethered to ATM machines and 24-hour stores that provide instant access to cash, food, and gas. When the power goes out and these modern conveniences fail, Americans are incapacitated.23

The way to build resilience, according to Flynn, is through volunteers. The U.S., he says, needs the type of resilience displayed by Londoners as bombs rained down on their city during the Second World War. “Volunteers,” he said, “put the fires out, rescued the wounded from the rubble, and then went on with their lives until the air-raid warnings were sounded again.” Building this type of resourcefulness, he insists, requires providing adequate support to various groups including “the National Guard, the American Red Cross, public health officials, firefighters, emergency room staffs, and other emergency planners and responders.” 24 Some might say that Flynn was stating the obvious on the importance of the voluntary sector in emergency management. Both States and the Movement have recognized for some time the need to work more closely together to build capacity and resilience within civil society. This resilience is based upon not only the self-sufficiency of individual citizens, but also the collective benefit that accrues to a state of having a well-organized and trained cadre of citizens whose talents would serve to “supplement or substitute” those of the State in a major emergency. This is an important and necessary public policy goal, but perhaps the more pertinent question is: “How can this be accomplished?” Almost a decade ago, realizing that it faced an entirely new paradigm, the Movement sought to enhance the relationships between National Societies and States. The Canadian Red Cross’ role in building this “informed, inspired, and mobilized public” is well demonstrated by the Ready When the Time Comes (RWTC) Programme. RWTC is an extensive network of well-trained volunteers from local companies and organizations that can quickly mobilize in the event of a local, large-scale disaster. RWTC volunteers are “reserves” who can be called up when a disaster response requires more than the local Disaster Services Human Resources (DSHR) capacity. Local companies and organizations partner with the Red Cross, allowing it to train their employees as disaster response volunteers. Partners commit to making these employees available for service for at least one day each year. When a local, large-scale disaster occurs, the Red Cross calls the RWTC partners, which then deploy their volunteers. 23 ibid. p. 2 24 ibid. p. 6

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All RWTC volunteers are provided with an overview of the Canadian Red Cross and the Movement, participate in the Introduction to Disaster Services course, and are trained to perform in one or more of the following disaster relief functions:

• Shelter/Reception Centre services including Family Reunification, Lodging, Feeding, Clothing, Personal Services, and Reception and Information

• Community Outreach • Other services that may be related to the organization’s professional activities

(e.g. call centre staff answering disaster inquiries) RWTC partners report that the program raises employee morale and shows employees, clients and the community that the partner is actively involved in addressing community needs and concerns. RWTC also demonstrates to disaster clients and their neighbours that the partner cares and wants to help. Employees can volunteer without a major time commitment. This is just one of many Red Cross programmes that aim to empower and build civil society resilience. ii) International In early 2008, the Canadian Red Cross commissioned a consultant to “conduct a review of value added by the international efforts of the Canadian Red Cross to the Government of Canada” in the international sphere. The subsequent report, tabled with the Society in July 2008, conceptually laid out the future added value of the Canadian Red Cross to the Government of Canada and proposals for how to articulate the value added in order to renew dialogue with the government to establish a sustainable partnership. The perceptions of the added value of the Red Cross in relation to the Society’s international work included:

• The strength of the global network of National Societies; • The capacity in disaster response, disaster preparedness and health; • The organization’s independence (with some qualifications about how that may

vary from country to country); • The possibility to promote key issues for Canada, such as gender equality,

through the Movement and the policy meetings to which the Government of Canada has access;

• The value of counterpart relations between the Canadian Red Cross and other National Societies and the potential for peer-based learning;

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• The value of work with and through Red Cross local branches in Canada to develop awareness of international issues and the capacity and motivation for action on them; and


Of particular note, the report concluded that

...in order to attain the overarching goal of the Canadian Red Cross to make a significant difference in the lives of the most vulnerable in the international arena, the Society must further develop its capacity as a reliable operator multilaterally and bilaterally. To achieve this objective, it is critical for the Canadian Red Cross to have sustainable partnership with the Government of Canada.25

It is interesting to note that the strengths of the Canadian Red Cross and the added value of all National Societies to government relationships echo the Movement’s strengths as a whole, as identified in the “Tansley Report” in 1975:

• Reputation: People all over the world have a positive attitude towards the Red Cross.

• Relevance of Red Cross Action: Red Cross activities are clear and relevant, particularly to Governments. The Red Cross seldom faces the need to justify its existence. Its fields of endeavour, protection, assistance, and health and welfare provide their own justification because of the very magnitude of unfilled humanitarian needs.

• Experience and History of Achievement: A great deal of the favourable image of the Red Cross across the world can be traced to the fact that, over the past 110 years, it has been present during events that moved people deeply: wars, natural disasters and epidemics.

• Network of Indigenous National Societies: The international network of indigenous National Societies places the Red Cross in a unique position with its almost dual nature local organization and a global organization.

• Dedication of Individuals: The strength of the Red Cross is fuelled by its ability to tap into the skills of volunteers and their desire to serve.

25 Report commissioned by the Canadian Red Cross Society – Canadian Red Cross International Operations: Strategy and Relations with the Government – 2008

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In brief, if numbers are any indicators of an overall good relationship, and confidence, the sum that the Society received from governments of all levels and jurisdictions in 2006-2007 totalled over $270 million, of which $19.6 million was from the Federal government, $104.1 million from provincial governments and $2 million from the municipal level. This represents close to 47 percent of the Society’s total revenue of $270 million. The size, scope and nature of the relationship can definitely be qualified as an operational symbiosis. This relationship was particularly well expressed in 1979 by Jean Pictet when he wrote:

Even though the auxiliary status of Red Cross Societies is mentioned in the Proclamation only in an incidental manner, noting that the Societies are auxiliaries in the humanitarian services of their Governments and subject to the laws of their respective countries, and under a heading which does not use the word “auxiliary,” this auxiliary status nevertheless constitutes one of the fundamental principles of the Red Cross. Because of it, the Red Cross is at one and the same time a private institution and a public service organization. The very nature of the work of the National Red Cross Societies implies co-operation with the authorities, a link with the State. Furthermore, as the Proclamation emphasizes, these Societies are subject to the law of the land; it could not be otherwise.26 [emphasis added]

In brief:

Relationship with public authorities: Strengths

Ø The Canadian Red Cross has a good overall reputation with public authorities (very supportive stakeholders)

Ø The work and expertise of the Canadian Red Cross is valued by public authorities:

building a resilient and empowered civil society by mobilizing the voluntary sector

Ø The local, regional, national and international scopes of the Red Cross are

particularly valued

26 Jean Pictet, The Fundamental Principles of the Red Cross: Commentary. Henry Dunant Institute, p. 63.

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2) Shortcomings

i) Siloed View of the Society

Through the public consultations, it became apparent that the Society’s interlocutors often have a “siloed” view of the Society. One senior provincial public service employee said after the consultation in St. John’s, Newfoundland: “I was embarrassed about how much I didn’t know about the Canadian Red Cross.” A representative of a major NGO who works closely with the Society told the Winnipeg meeting: “I was blown away by the scope of Canadian Red Cross programs and services... and I’m an informed stakeholder!” There was also general understanding that the auxiliary concept and specific auxiliary roles need to be better communicated at every level of government and with multiple agencies within those governments. Indeed, the Society’s vast scope of activities touches many levels of government as well as many different departments and ministries. Agreements with government are most commonly structured between a specific department, or ministry, and the Society, and this contributes to the fragmented view of the Society, and the lack of a strategic approach. The Society is often seen as a cost-effective implementer of Government policy. Consequently, engagement and the dialogue around public policy issues and humanitarian affairs and particular humanitarian advocacy are limited. Engagement on humanitarian affairs cannot occur solely at a departmental level since such matters are often cross-cutting and multidisciplinary in nature. Both the public, as well as Government stakeholders, generally felt that a greater and more active policy capacity, particularly in areas of core competence of the Red Cross, such as protection and humanitarian action and access, as well as flagging of emerging issues at thematic and country levels, may be warranted. The Society cannot afford to have such a reactive approach to Government relations. The Fundamental Principles and particularly those of Humanity, Independence and Impartiality require that the Society be able to proactively engage on humanitarian issues and advocate on behalf of the most vulnerable. Moreover, this input can be beneficial to government since it is most often a by-product of the Society’s operational experience. Sister National Societies mentioned being notably appreciated particularly for their ability to debate policy with government from well-founded positions, for their role in building civil society and for the ability to take on challenging humanitarian actions in politically charged environments.

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ii) Lack of Strategic Provincial Relations As mentioned in Part I, the Society has an operational presence in all of the provinces. In eight of these, the Society has formalized its role, particularly in times of disaster, by signing an MOU with the provincial government. This is notably the case in Quebec, where the agreement outlines the whole range of services to be offered to victims from shelter to registration and information (R&I). Moreover, the MOU is specifically predicated on the base of the Society’s auxiliary role as the title reveals: “Entente cadre de collaboration relative a l’intervention de la Société canadienne de la Croix-Rouge, division du Québec, comme auxiliaire des pouvoirs publics entre le Ministère de la Sécurité Publique et la Croix Rouge Canadienne Division du Quebec.” Conversely, in two provinces, Alberta and New Brunswick, the Society has no agreement with the provincial authorities. This is also true of the relationship between the Society and the Territories, where no formalized agreement exists. However, this does not mean that the Society is not operational in times of disaster. In the two above-mentioned provinces, the Society does have agreements with most major municipalities. For example, despite the lack of a provincial agreement during the floods in New Brunswick in 2008, Red Cross volunteers conducted relief and recovery efforts to aid the victims of the floods. Agreements with the provinces improve preparedness and the overall effectiveness of the response. However, even in provinces where MOUs have been reached, the relationship is much like at the federal level—siloed. The Society’s agreements with the provinces are most often related to emergency management or health. Seldom is there an all-encompassing whole-of-Canadian Red Cross / whole-of-province approach. Indeed, at the provincial or territorial level there exist cross-cutting humanitarians. Much like at the federal level, engagement on humanitarian affairs cannot occur solely at a departmental level because such matters are often cross-cutting and multidisciplinary in nature. In brief, at the provincial level two problems exist:

1. The lack of formalized agreements in each province (in accordance with the province’s needs)

2. Current agreements with provinces do not address all of the humanitarian issues in all-encompassing manner.

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iii) Legal status and joint obligations under international law A) Legal Status As was amply discussed in the Interim report27, the Society’s auxiliary status, that is the formal recognition required by the Movement’s Statutes, is unclear. Indeed, the textual recognition requires that the National Society “be duly recognized by the legal government of its country on the basis of the Geneva Conventions and of the national legislation as a voluntary aid society, auxiliary to the public authorities in the humanitarian field”. A clear statement on the basis of Canadian national legislation does not exist. Although the Letters Patent mention that the Canadian Red Cross is “recognized by the government as a voluntary relief society, auxiliary to the public authorities”, unlike the Canadian Red Cross Society Act, the Letters Patent are not part of the public law. As well, there is no reference to auxiliary status in the Act. Therefore, strictly speaking, the Canadian Red Cross does not satisfy in law a basic condition for recognition within the Movement. B) Joint Obligations a) Dissemination of IHL As previously noted, one of the key interactions between the Society and the Government of Canada takes place in relation to the dissemination of IHL. The Canadian National Committee on Humanitarian Law is one of the main points of contact on this issue. Although the goals of the committee are ambitious, they are unattainable for a variety of reasons. The committee has neither a legal basis for its activities nor funding. It also lacks an accountability structure and collective policy guidance from elected officials. At most, individual representatives can speak for their respective department but no one can speak for the Government of Canada as a whole. In addition, the Canadian Red Cross’ role in the committee is less than clear and risks offending the Movement’s Fundamental Principles concerning Neutrality and Independence. b) Emblem Protection Canada’s Geneva Conventions Act integrates into Canadian law the provisions of the Geneva Conventions, including articles 53 and 54 quoted earlier. It makes the Regulations on the use of the Red Cross and the Red Crescent by National Societies28 legally binding as a matter of domestic legislation. The Act also reiterates in domestic legislation the Canadian

27 Pages 47 to 51 of the Interim Report 28 Available at: http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMBG

http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMBG

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Government’s obligation to protect the Movement’s emblems at all times. The Act is, however, deficient since there are no specific mechanisms or procedures for enforcement in the absence of an armed conflict. In situations of armed conflict, the alleged emblem misuse must result from an act of perfidy (a grave breach of the Convention) and death must ensue from that breach. The Geneva Conventions Act is therefore not a tool to protect the emblems from other forms of misuse, which can occur as peacetime commercial use of the emblems. The Trade-marks Act does have provisions for the protection of certain emblems, as follows:

9. (1) No person shall adopt in connection with a business, as a trade-mark or otherwise, any mark consisting of, or so nearly resembling as to be likely to be mistaken for,

… (f) the emblem of the Red Cross on a white ground, formed by reversing the federal colours of Switzerland and retained by the Geneva Convention for the Protection of War Victims of 1949 as the emblem and distinctive sign of the Medical Service of armed forces and used by The Canadian Red Cross Society, or the expression "Red Cross" or "Geneva Cross"; (g) the emblem of the Red Crescent on a white ground adopted for the same purpose as specified in paragraph (f) by a number of Moslem countries; (g.1) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, adopted for the same purpose as specified in paragraph (f); (h) the equivalent sign of the Red Lion and Sun used by Iran for the same purpose as specified in paragraph (f);

The Act prohibits the use of the emblems in connection with a business and prohibits their registration as registered trademarks. In essence, the Act creates private rights for owners or interested persons enforceable in Federal Court. There is a variety of deficiencies inherent in the protection scheme under the Trade-marks Act. The first is the inherent tension between private rights and public interest. The Act protects private rights; emblem protection is a public responsibility in the public interest. It is true that prohibiting the emblem from being registered as a trademark and permitting litigation to protect that mark constitutes legislative protection from the commercial use of the emblems.

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However, the matter does not end there. In order to protect the emblem from commercial use, one must either be the owner of the emblem or an interested party. Since the emblem cannot be registered or used as a trademark, no one owns the emblem for the purpose of this Act. In respect of interested parties, it can be said that the Canadian Red Cross, entitled as it is to use the “Red Cross” (see the Canadian Red Cross Society Act) is an interested party when it comes to protecting the “Red Cross” on a white background. However, it is doubtful that the same can be said in respect to the “red crescent” or “red crystal”. On the other hand, the Attorney General of Canada is, pursuant to the Act, always an interested party. When an interested party pursues enforcement under the Trade Marks Act, it does so in all but a few limited circumstances by undertaking litigation before the Federal Court. This is time consuming and expensive. In addition, not all stakeholders are participants in the litigation [e.g. the Federal government] and therefore cannot shape its progress. When the Canadian Red Cross proceeds with litigation in this area, it is taking donor funds away from providing aid and diverting them to the performance of a public responsibility of government. The funding of the performance of a public responsibility should be shared among all citizens and not be dependent on the generosity of a few. The Canadian Red Cross can embark on an education process to ensure that the emblems are not misused, or at least used in accordance with the Geneva Conventions Act. It is, however, only an interested party and asking it to initiate litigation to protect the public interest without the participation of the Government of Canada provides only limited protection to the emblems. The protection is limited in that there is no public policy input to the litigation process and the funding of the litigation is dependent on the financial capabilities of a not-for-profit charitable organization. Emblem protection is in the public interest and is a government responsibility in which the Canadian Red Cross is but one possible participant. The Canadian Red Cross Society Act provides protection for all unauthorized uses of the emblem in peacetime by creating two offences as follows:

4. (1) No person shall fraudulently represent himself or herself to be a member or representative of, or agent for, the Society for the purposes of soliciting, collecting or receiving money or material. (2) No person shall wear, use or display for the purposes of his or her trade or business, for the purpose of inducing the belief that he or she is a member or representative of, or agent for, the Society or for any other purposes whatsoever, without the Society’s written authorization, any of the following:

(a) the heraldic emblem of the Red Cross on a white ground, or the words “Red Cross” or “Geneva Cross”;

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(b) the emblem of the Red Crescent on a white ground, referred to in Article 38 of Schedule I to the Geneva Conventions Act, or the words “Red Crescent”; (c) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, or the words “Red Crystal”; or (d) any other word, mark, device or thing likely to be mistaken for anything mentioned in paragraphs (a) to (c).

(3) Every person who contravenes subsection (1) or (2) is guilty of an offence, and is liable on summary conviction to a fine of not less than $100 but not more than $500, or imprisonment for a term not exceeding one year, or both, for each offence, and any goods, wares or merchandise on which, or in connection with which, any of the emblems or words mentioned in paragraphs (2)(a) to (c) or any coloured imitation of them were used are liable to forfeiture to Her Majesty in right of Canada. The proceeds of the fine so collected shall be paid to the Society. (4) No person contravenes subsection (2) by wearing, using or displaying the emblem or words referred to in paragraph (2)(b) or (c), or any other word, mark, device or thing likely to be mistaken for them, if the person has done so lawfully since before the coming into force of this subsection.

These provisions are antiquated and need modernization in terms of language, penalties and Charter of Rights and Freedoms compliance. The enforcement of this offence requires the involvement of an interested police force and a crown attorney’s office interested in utilizing scarce resources to prosecute such offences. Alternatively, private prosecution is available. If the Canadian Red Cross undertakes a private prosecution, it places itself in a difficult situation where a humanitarian organization would be using donor funds (given for the purpose of alleviating human suffering and not causing it) to pursue the judicial punishment of a potential donor. The irony is not lost on the objective observer. It bears repeating that emblem protection is in the public interest and is a public responsibility. Seeking to potentially deprive a citizen of his or her liberty in support of a public responsibility is the function of the State and not a private responsibility. Furthermore, private prosecutions are prohibitively costly to undertake. It is strongly suggested that private prosecutions are not the appropriate way to provide for emblem protection. The above legislative mechanisms to protect the emblems from misuse, while having some utility, are deficient to the point that emblem protection is seldom enforced, frequently

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challenged, insufficiently funded, devoid of public policy input from government stakeholders and totally dependent on a non-profit voluntary organization to protect the public interest. The fact remains that many people mistakenly believe that the Red Cross name and emblem is in the public domain and that its use is unrestricted. It becomes imperative to the safety of Red Cross workers that civil society is educated in the neutral political position of those who provide aid in any conflict. The importance of the need to protect the emblem and educate the public on the symbolism of the emblem and the Fundamental Principles of the Red Cross was particularly noted in Canada during the Oka Crisis in 1990. The Fundamental Principles of Neutrality, Impartiality and Independence afforded the Canadian Red Cross the unique ability to provide food and medical supplies to those behind the barricades at Kanesatake and Kahnawake in Quebec. The Red Cross once assured that all parities understood and respected its neutral role, provided aid. However, there were occasions when the issue or principles of Neutrality and Impartiality needed to be re-addressed when the Red Cross was mistakenly accused of being politically aligned with parties to the disturbance. This was problematic in the continual need for the Red Cross to send out communications and press releases in the midst of the disturbance in order to educate engaged parties and the general public on the Red Cross’ Fundamental Principles.

In brief: Relationship with public authorities: Shortcomings

Ø “Siloed” relationship between the Canadian Red Cross and public authorities • Project-by-project approach, the Canadian Red Cross is a cost effective

“implementer” • Limited reciprocal policy dialogue • Reactive relationship, not a strategic proactive approach

Ø Limited dialogue • Limited reciprocal policy dialogue • Quality of engagement could be better and at a different level

Ø Limited strategic relationships with the provinces • The lack of formalized agreements in each province (in accordance with the

province’s needs) • Current agreements with provinces do not address all of the humanitarian

issues in all-encompassing manner

Ø Federally and provincially, the legal framework of the Canadian Red Cross is not what it should be:

• Auxiliary status unclear • Joint responsibilities unclear: emblem, IHL (CNCHL)

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Part III Recommendations: Partnering to building resilient Communities

1) First recommendation: Formalize the relationship between the

Government of Canada and The Canadian Red Cross Society by updating the Canadian Red Cross Society Act

As noted in Part II, the relationship between the Government of Canada and The Canadian Red Cross Society is often siloed. Moreover, the relationship also suffers from a lack of defined roles, especially in the area of emblem protection. The Society also lacks the fulfillment of the conditions of recognition required by the Movement’s Statutes and the CNCHL lacks a clear mandate and accountability structure. The governance machinery of the Canadian Red Cross is best served by the current corporate governance process enveloped by its Letters Patent pursuant to the Canada Corporations Act.29 The Canadian Red Cross Society Act is antiquated, outdated and should be replaced. Indeed, the Canadian Red Cross Society Act is nearing its centennial. The most recent change to the Act was in June 2007 to reflect the addition of the new red crystal emblem under the provisions of the Third Additional Protocol to the Geneva Conventions. Prior to that, it had been last amended in 1950. The relationship between the Act, the Letters Patent and the Society’s bylaws is often unclear. The Act also does not contain all of the provisions required by international law and the Movement’s Statutes. In its place should be a modern statute that reflects the best of the humanitarian ideals committed to by the Government of Canada and the Canadian Red Cross. On a practical note, some may wonder if the current situation prevents the Society from carrying out its activities. Clearly, the answer is “no”. Nothing in the current Act prevents the Society from fulfilling its humanitarian tasks. However, an unbending attachment to the status quo fails to grasp the advantages that new legislation would offer in terms of re-invigorating and renewing the mandate of a great national humanitarian institution that is part of an even greater international humanitarian organization. It is also an opportunity to profile Canada’s leadership and commitment within the Movement. As previously mentioned, rather than focusing on what specific roles are to be considered auxiliary, the solution lies in establishing a process to a relationship and creating a venue where 29 It should not be inferred from this that the Canadian Red Cross is content with the current legislative framework for federally incorporated not-for-profit corporations. Rather, the Canadian Red Cross has been supportive of two federal bills introduced in recent years to bring much needed reform to the dated regulatory structure governing such corporations in Canada. Unfortunately, both bills died on the order paper.

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humanitarian matters, including the auxiliary roles, can be discussed with governments as a whole. The statute should therefore reflect the model of cooperative and consultative engagement reflected at the international level by the Movement and States Parties. This engagement needs to allow for the obligation of the parties to fulfill their responsibilities in a fashion that respects their institutional requirements. For example, the Canadian Red Cross must be able to engage with government while respecting the Movement’s Fundamental Principles and Statutes. The Government of Canada, on the other hand, needs to have meaningful engagement in order to fulfill its responsibilities under both international and domestic law. This meaningful engagement can occur in four areas:

• Legislative provisions to regularize the recognition by the ICRC of the Canadian Red Cross [i) Recognition];

• A legislative mechanism for respectful but meaningful engagement between the Government of Canada and the Canadian Red Cross [ii)Engagement];

• A legislative mechanism for the dissemination of IHL [iii) International Humanitarian Law];

• Emblem protection [iv) Emblem Protection]. One of the aims of the contribution agreement was “to initiate possible legislative changes to the existing legal framework of The Canadian Red Cross Society”. On this note, in order to provide a concrete example of possible legislative changes, a sample draft bill will be used to introduce matters progressively and provide comments on the matters being introduced. The language of the suggested statute is meant to accomplish the policy objective sought and not to provide legal drafting language, which is the Government’s responsibility. i) Recognition There is no doubt that the Canadian Red Cross has been recognized by the ICRC and the Movement. Demonstrating this in a clear and straightforward manner is another matter. Historical research, inference and interpretation lead to the conclusion that, although the recognition exists, it can easily be characterized as ambiguous. As discussed in Part 1, the Movement’s Statues demand that several criteria be met before a National Society is recognized. The nature and antiquity of the Canada Red Cross Society Act are such that there is some question as to the ICRC’s de jure recognition of the Society; a recognition it has had de facto since 1927. In the centenary of the Canadian Red Cross, its recognition by the Movement should not rest on ambiguity and we should seize the opportunity to regularize the basis for that recognition in law as required by the Movement’s Statutes and as agreed to by States Parties, including Canada.

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An updated statute should ensure that:

• The Canadian Red Cross is the National Red Cross Society for the purposes of the Geneva Conventions Act;

• The Canadian Red Cross is entitled to use the Red Cross emblem; • The Canadian Red Cross is the only National Society of the Red Cross in Canada

and is entitled to operate throughout Canada; • The Canadian Red Cross is recognized as a voluntary aid society auxiliary to the

public authorities in the humanitarian field; • The Canadian Red Cross shall be required to adhere to the Movement’s Statutes

and act at all times in accordance with the Movement’s Fundamental Principles; • The Government of Canada shall respect adherence by the Canadian Red Cross

to the Fundamental Principles. All of these are conditions required for the ICRC’s recognition of a National Society. ii) Engagement Part II identified that one of the major weaknesses of the relationship between the Society and public authorities is that the dialogue is often siloed and reactive. A proactive process of engagement can be achieved through legislative support to ensure adherence to the Movement’s Fundamental Principles on the one hand and accountability for good governance by both parties and to the public on the other hand. The creation in law of a Liaison Committee can provide for a forum within which the cooperative and consultative engagement envisioned above and already in existence, at the International Conference, could occur. The Committee could bring together the head of the Canadian Red Cross or his or her deputy together with Ministers of the Crown designated for this purpose by the Government of Canada. A “Lead Minister” could be designated by the Governor in Council and the Committee itself could create its own process for engagement in the areas of consultation. In addition, this Committee could provide a report through its “Lead Minister” to Parliament informing Canadians of the state of engagement between the Government of Canada and the Canadian Red Cross. This would allow for high-level strategic engagement on humanitarian issues, the Society and the Government would meet with each other institutionally: a whole of Canadian Red Cross, whole of government approach. The Committee would meet annually but could do so more frequently should circumstances warrant. This mechanism for engagement would fulfill the expectations of Canadians and meet the obligations of both the Canadian Red Cross and the Government of Canada under the Geneva Conventions.

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In addition to creating a Liaison Committee, the statute should have provisions that would assist the Canadian Red Cross in the performance of its auxiliary role by identifying the areas and/or events where the Government should consult with the Canadian Red Cross. Information could be shared, perspectives exchanged, expertise solicited, and capacities to act verified through such a process of engagement. Identified areas of consultation could be:

• When a Public Welfare emergency, Public Order National emergency, International emergency or war emergency is declared by the Government of Canada pursuant to the Emergencies Act;

• When the Canadian Forces are called out in aid to the civil power under the National Defence Act;

• When the Government of Canada enters into an armed conflict of an international or non-international character;

• When a situation arises that is critical, seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with, or that seriously threatens the ability of the Government to preserve the sovereignty, integrity and territorial integrity of Canada but that falls short of a declared emergency under the Emergencies Act;

• When embarking on a national program of public awareness, education or training related to emergency management or IHL;

• When establishing national standards in respect of emergency management; • When embarking on a national program of public awareness, education or

training related to the improvement of health, prevention of disease, and the mitigation of suffering and where the Canadian Red Cross is a participant;

• Prior to an International Conference of the Red Cross and Red Crescent and in follow-up to the Conference to address the humanitarian agenda;

• In the event of a major international humanitarian emergency or disaster to which the Government of Canada is responding.

Consultation in these areas permits a level of engagement that can be left up to the two parties. In some areas, consultation may lead to formal practices and even agreements on better ways to interact while in other areas more efficient and less formal practices may constitute the norm. The issue is to provide for an engagement that does not presume to force any greater commitment than a dialogue. This would allow the parties to develop and solidify relationships and activities around core areas essential to both institutions and provide a model for engagement that both parties can put forward in the fulfillment of their obligations to their constituencies and the Movement.

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iii) International Humanitarian Law The deficiencies noted in Part II can be addressed by identifying in new legislation the dissemination of IHL as a matter for consultation. This consultation could occur through the creation of a subcommittee to the engagement committee described above. The purpose of the subcommittee would be to advise its parent committee on the dissemination of IHL and deal with issues of joint responsibility under IHL such as Restoring Family Links. This process would bring the necessary stakeholders together with the appropriate expertise to provide advice on this issue. Both the Government of Canada and the Canadian Red Cross would then be in informed positions to fulfill their statutory obligations.30

iv) Emblem Protection The deficiencies outlined in Part II may be corrected by redrafting the offences and bringing together the various stakeholders with an interest or duty to protect the emblem in a forum that would allow them to review serious alleged misuses and make appropriate referrals to the authorities for the disposition of the allegations. Such a group could monitor progress and report on the disposition of allegations. In this way, the Government and the Canadian Red Cross can be assured that their obligation in both law and policy are being actively fulfilled. v) Draft Statute As previously noted and based on the above recommendations, a draft statute was developed to provide concrete examples of possible outcomes for this first recommendation. The mechanisms proposed in the draft statue ensure that issues of joint concern are dealt with efficiently and that the right actors are at the table. The draft statute also proposes reporting mechanisms to Parliament, ensuring democratic checks and balances. It also enables both parties to have the flexibility to respect their respective policies, priorities and regulations. In the case of the Government of Canada, this means the ability to respond to the political direction of the law and, for the Canadian Red Cross, this means being able to respect the Fundamental Principles. In the end, the “auxiliary status” does not grant a competitive advantage or a “privileged status” to the Canadian Red Cross. Rather, as previously mentioned, it serves as a reminder to the State and its citizens that the State has created and recognized a National Society to aid in humanitarian matters. It does not grant any privileges per se.

30 Many States have created National Committees on Humanitarian Law through legislation. See: Table of National Committees and other Bodies on Humanitarian Law; December 31, 2007; ICRC. Available at: http://www.icrc.org/web/eng/siteeng0.nsf/html/table-national-committees.

http://www.icrc.org/web/eng/siteeng0.nsf/html/table-national-committees

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The proposed recommendations are meant to ensure increased clarity of purpose, transparency and accountability. Please refer to Appendix A for the example of a draft statute with commentary. As noted above, the language of the suggested provisions is meant to accomplish the policy objective sought and not to provide legal drafting language, which is the government’s responsibility.

In brief: First recommendation:

Formalize and solidify the relationship by updating legislation: Ø Providing for the relationship between the Canadian Red Cross and the

Government of Canada (whole-of-Canadian Red Cross / whole-of-Government of Canada approach)

• Liaison Committee • Consultative Process

Ø Providing for the 10 conditions of recognition

• Auxiliary status recognition • Fundamental Principles

Ø Providing enhanced emblem protection

• Updating criminal provisions • Creating a protection mechanism

Ø Providing for the Canadian Red Cross’ role in the dissemination of IHL

• Strengthening CNCHL

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2) Second recommendation: Formalize Strategic Relationships with Provinces and Territories As noted in Part II, the scope and quality of the interface between the Society and each of the provinces is not cohesive from coast to coast. The Society has agreements as to its role, particularly in disaster management, in most provinces; however, in provinces such as Alberta or in the territories, the Canadian Red Cross lacks a formal relationship with the public authorities. Additionally, if the public consultations demonstrated anything, it is that much more work needs to be done at the provincial, territorial and municipal levels to raise awareness of the auxiliary role and to work toward some type of more formal recognition. Moreover, in provinces where agreements with the provinces have been reached, the relationship is often siloed and does not encompass the whole of the provincial government. Consequently, the auxiliary relationship, as well as the Society’s national activities, are often misunderstood. Although the Society’s presence in the territories is very limited, the public consultations in Iqaluit revealed that there was recognition of the value of the Canadian Red Cross working in cooperation with public authorities at all levels and in ensuring that Red Cross programs and services are integrated into health and social plans. Participants expressed respect for the Society’s work at home and abroad and for the emblem, and were very interested in a stronger Red Cross presence in Nunavut. They saw parallels between the Fundamental Principles and their cultural values and did not express concern over the challenge to balance independence and auxiliarity. It is recommended that efforts be made to encourage and develop cohesive relationships between the Society and the provincial and territorial governments. The specific content of each agreement may vary from province to province. Indeed, as auxiliary, the Society is called upon to supplement or substitute public humanitarian services only if there is a need to do so. A strategic relationship with the provinces and territories does not necessarily rest in the same offer of services, rather it consists in a common understanding of the Society as auxiliary as well as a common approach to the relationship based on the one proposed with the Federal government. Practically speaking, this exercise is one of both outreach and capacity building in the various Canadian Red Cross zones. The Society and public authorities would engage in a holistic manner, in addition to nurturing relationships and securing agreements with specific provincial government departments. In the same way that it was recommended at the federal level that

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the Society and Government adopt a “whole of government approach” to the relationship, the same is to be said for its provincial relationships. From a national standpoint, an enhanced role for the Canadian Red Cross in emergency management at the provincial level would assist Public Safety Canada in raising awareness and engaging Canadians about the important role that the Canadian Red Cross specifically, and the voluntary sector in general, play in the safety and security of Canadians. Hence, it is in the Department’s interest to accelerate the process of having provincial, territorial and municipal public authorities and Canadians identify the Canadian Red Cross in its emergency management auxiliary role. The Society should aim to enhance relationships with local authorities by:

• Engaging public authorities at the grass roots level on emergency management issues;

• Engaging the voluntary and corporate sectors on emergency management issues and the role that individual citizens can play in enhancing the resilience of their community;

• Formalizing and enhancing the Society’s role as a partner of public authorities at various levels across the country to enhance the nation’s capacity in emergency management.

This initiative would support the Government of Canada’s priority of building safer communities and enhancing the quality of life in communities. Explicit in the government’s approach to overall preparedness is the expectation and goal that Canadians will take the necessary measures to prepare themselves on an individual level for risks and emergencies. Emergency management requires a collective effort to mitigate the impact of, prevent or prepare for, and respond to incidents of all types and scope known as “all hazards” in Canada. This collaboration must be developed between all jurisdictions including the private sector and non-governmental organizations, which is what the Canadian Red Cross does and in which it has proven expertise and experience. Finally, it is important to remember that a cohesive national presence is not just an advantage; it is a requirement for a National Society. As mentioned in section 3.7 of the Movement’s Statutes, a National Society must, as a condition of recognition, “extend its activities to the entire territory of the State”. It therefore becomes imperative not only as a matter of sound planning but also as a matter of identity and obligation under the Movement’s Statutes that the

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Society ensure a cohesive and comprehensive relationship with all of the provinces and territories.

In brief: Second recommendation

Strategic Relationships with Provinces and Territories be formalized: Ø The Society must continue to deepen engagement with the provinces

Ø Formal agreements should be pursued with each province

Ø A customized holistic relationship should be developed with each province to

ensure a better understanding of the auxiliary role and to enhance the ability to respond to local needs

3) The Time to Act i) The Call from the Movement The Government of Canada, in a number of international fora, has committed itself to having and promoting a National Red Cross Society on its territory. As a successor to Britain, it acceded to the resolutions of the Geneva Conference of 1863, which provided for each country to establish a “Committee” whose duty would be: “in time of war and if the need arises, to assist the Army Medical Services by every means in its power”. States were further encouraged to have a National Society by United Nations General Assembly Resolution 55 of the 49th plenary meeting, November 19, 1946. The term “legal base” is used by the Movement to reflect a National Society’s incorporating statutes, which are often supplemented by additional rules or bylaws regarding specific internal procedures. In addition, it consists of domestic legislation through which a government formally recognizes its National Society and affords protection to the Movement’s emblems. The terms “legal base” and “legal status” are used interchangeably in this document. The Movement sees increased National Society capacity and effective partnership with States as crucial in order to better serve the most vulnerable. The Movement has been focussing part of its efforts on this legal base. A growing desire for National Societies to re-examine their legal status has arisen in recent years. In recognition of this desire, the 27th International

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Conference of the Red Cross and Red Crescent in November 1999 adopted a resolution that provided for a Plan of Action that National Societies:

3.3,14 (b) review their legal base and statutes to determine whether they needed to be updated. As part of this process they will consider the draft model law prepared by the Federation and the ICRC, the guidelines for National Society statutes and other relevant decisions of Movement and Federation statutory bodies.31

Canada, as a member of the International Conference, voted for this resolution. The Plan of Action also provided that, in relation to the Auxiliary Role of National Societies, States would:

...where necessary, commit to further strengthening the capacity of the National Society of their own country, facilitating and supporting its role in response to new challenges in the national context.

Of particular interest is the legal status of the British Red Cross, Australian Red Cross and American Red Cross. These National Societies are incorporated and recognized through charters that are enacted by the Sovereign or Congress. Although each charter specifically caters to the specific circumstances of each country, the chosen statutes, namely those of the British Red Cross, Australian Red Cross and American Red Cross, are grounded in familiar common law jurisdictions and the operating environments share many similarities with the Canadian context. The British Red Cross renewed its legal base by revising its Royal Charter in 2003 and its Standing Orders in 2004. Its Charter explicitly recognizes the British Red Cross’ auxiliary status in article 3, which states:

The Society is recognised by Our Ministers as a voluntary aid society, auxiliary to the public authorities and particularly to the medical services of the armed forces in accordance with the Geneva Conventions for the Protection of War Victims of 12 August 1949 (as amended from time to time), and as the only National Red Cross or Red Crescent Society which may carry out its activities in Our Dominions.

Furthermore, the Society is authorized in Article 5.1 “to act as an autonomous auxiliary to the public authorities in the humanitarian field, with a special role in enhancing respect for humanitarian values and human dignity”.

31 27th International Conference of the Red Cross and Red Crescent, Geneva, October 31 to November 6, 1999, Plan of Action for the years 2000-2003, Annex 2 of Resolution 1, paragraph 14.B

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The British Red Cross Charter provides for meaningful engagement between the British Red Cross and the Government of the United Kingdom. This engagement requires the British Red Cross to cooperate with Ministers of the Crown to ensure respect for IHL, its dissemination and the protection of the Movement’s emblems.32 In 2006, the United States Congress began a performance management review of the American Red Cross as part of its review of emergency management policies and procedures arising from Hurricane Katrina. The American Red Cross’ original Charter dated back to 1900. Although much of the Charter remained unchanged, Congress focussed its efforts on updating the Society’s governance scheme. The Charter provides for the legal basis of recognition by the ICRC, for emblem use but not emblem protection, and for engagement with the Federal government by having senior Federal government representatives appointed to subcommittees of the Board of Governors. The American Red Cross Charter reflects the particular evolution of the Red Cross in the United States manifesting their experiences from Hurricane Katrina, the events of September 11, 2001, and the trademark obtained by the pharmaceutical company Johnson & Johnson in respect of the Red Cross emblem in the late 1800s. The Charter also mandates the American Red Cross with specific roles such as serving as an intermediary between deployed troops and their families at home. It also grants the use of a building for its national office, establishes an endowment fund, and grants other privileges to aid the American Red Cross in its mission. In Australia, the Royal Charter of the Australian Red Cross was last reviewed in 2005. The Charter incorporates and recognizes the purposes of the Society. It gives the organization a specific mission in the dissemination of IHL and sets out the Society’s governance structure. An overall review of the Charter is scheduled for 2008-2009. Canada is virtually alone among like-minded western countries (US, Britain and Australia) in not having conducted a recent review of its National Society’s statutory foundation. In 2006, the Canadian Red Cross Society did its part to answer the call to renew its legal base by adopting a modernized set of bylaws. However, it is now up to the Government of Canada to do its part so that, at the next International Conference, it may profile itself as a leader and demonstrate its commitment to the Movement.

32 Meyer M., Protecting the Emblems in peacetime: the experiences of the British Red Cross Society; International Review of the Red Cross no 272, p. 459-464. Available at : http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMBB

http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMBB

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ii) The Call of the Changing Times One of the overarching lessons of recent history is that the scale and complicated nature of today’s humanitarian challenges require a much more integrated approach by all concerned with public authorities working closely with other national and international agencies. For governments, fully engaging with all the major players—including the voluntary sector—also means developing better and more effective relationships with their own Red Cross or Red Crescent National Society and the Movement. Building stronger ties helps to ensure greater cooperation, coordination and access to additional resources, both human and material. With a constellation of various threats to safety and security, governments at every level need to ensure that they and their partners are ready. A comprehensive disaster management plan, whether national or local, requires an engaged and well-prepared voluntary sector whose assistance can be properly organized, resourced and deployed and which is capable of building resilience at every level. Although many of the largest recent natural disasters have taken place in Asia and Africa, the magnitude and complexity of these events was driven home in the western hemisphere by the 2005 hurricane season in the southern U.S. and, in particular, by hurricanes Katrina, Rita and Wilma. In fact, Katrina and her sisters represented a monumental “wake-up call” for western governments and the voluntary sector on emergency management. It is worth recalling that Katrina was one of the five deadliest hurricanes as well as the costliest disaster in American history. It claimed more than 1,800 lives and was responsible for over $80 billion US in property damage. Because of the extent to which the work of the Canadian and American governments and the Canadian and American Red Cross intersect on emergency management, the lessons learned from this terrible disaster are vitally important. The manner in which federal, state and local governments responded to the need for evacuations, food, shelter, water and medicine provoked immediate and widespread criticism. Federal Emergency Management Agency (FEMA) Director Michael D. Brown was forced to resign two weeks after Katrina hit and a subsequent U.S. congressional investigation entitled “A Failure of Initiative” released in February 2006 found significant faults “at all levels” in terms of both preparedness and response. The American Red Cross was not spared criticism. The report stated that “Contributions by charitable organizations assisted many in need, but the American Red Cross and others faced challenges due to the size of the mission, inadequate logistics capacity, and a disorganized shelter process.”33 Under the US National Response Plan (NRP), the American Red Cross had responsibility (shared with FEMA) to serve as a primary agency to lead and coordinate efforts to provide mass care, housing and human services; the 33 A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, US House of Representatives. p. 6.

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only non-governmental entity with status as a primary support agency within the NRP. Although the American Red Cross does not use the phrase “auxiliary to government” in describing its relationship with FEMA on disaster management, one would be hard pressed to find a better example of the concept being put into operation. There was also significant media comment about the Red Cross response to Katrina. An editorial in The New York Times dated December 4, 2005, entitled “Re-examining the Red Cross” noted that: “some victims and volunteers complained that the organization’s response to the disaster was slow and tangled in red tape”. The paper called for congressional hearings “into the Red Cross’ role in our overall strategy for dealing with catastrophes”. For its part, the American Red Cross responded with its own report entitled “A Year of Healing” in which it sought to explain and defend its record. Among other things, it noted that the 2005 hurricane season “created basic human needs that were 10 to 20 times greater than any domestic disaster in the past 125 years”. It also pointed out that the organization deployed almost a quarter million workers, 95 percent of whom were volunteers. It opened 1,400 shelters, provided 3.8 million overnight stays and served 68 million meals and snacks to about 4 million people. In addition to the congressional review of the overall response to Katrina, Congress also turned its sights more directly on the American Red Cross and other charities. The Subcommittee on Oversight of the House Committee on Ways and Means held a hearing on December 13, 2005, on the voluntary sector’s response to Katrina. The Senate Committee on Finance also initiated a review of the American Red Cross’ Congressional Charter since some legislators drew a connection between its governance structure and its performance in Katrina. Some members of Congress also suggested that the American Red Cross’ cumbersome 50-member governing board was having a negative impact on its management and operations.34 While the momentum for re-structuring the American Red Cross seemed to be gathering steam, some were not overly optimistic about the possibility for change. Former American Red Cross President Bernadine Healy told USA Today that reform was essential but unlikely since politicians would be loathe to challenge such a revered institution. Healy said that: “Taking on the Red Cross—it's like touching the third rail. And yet, making serious changes in the Red Cross is critical to its survival as an organization serving a crucial function for the American public”.35 In fact, the American Red Cross not only understood the need for change but also took the initiative. On March 3, 2006, the organization issued a statement welcoming congressional scrutiny and announced that it was also conducting an independent review aimed at producing “specific and concrete suggestions for improving Red

34 The American Red Cross received its first Congressional Charter in 1900. A subsequent Charter was enacted in 1905 and further revisions were passed in 1947. 35 “Legislators have critical eye on Red Cross”, USA Today, January 29, 2006.

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Cross governance and performance”.36 A little over a year later on May 11, 2007, the American Red Cross announced that President George Bush had “signed legislation that will modernize the governance structure of the American Red Cross and enhance the Red Cross Board of Governors’ ability to support the critical mission of the Red Cross in the 21st century”.37 The events of September 11 and Hurricane Katrina prompted significant institutional change on emergency preparedness and response within both the U.S. Government and the American Red Cross. The high level of cooperation on emergency management between Canada and the U.S. meant that the Government of Canada and the Canadian Red Cross were involved in responding to both of these events and have done careful reviews of lessons learned. Significant institutional and policy changes have also occurred in Canada with the creation of the Department of Public Safety as well as the adoption of Canada’s first National Security Policy in April 2004. While much work remains to be done, the current government has built on the measures taken by the previous government with a view to making Canadians better prepared, safer and more secure. Although a disaster of the size or scope of Katrina has not yet affected Canada, the overall frequency of natural disasters has dramatically increased as shown in the following chart:

36 “Fixing the Red Cross: Unnecessary Roughness” American Red Cross Press Release, March 3, 2006 37 “President Bush Signs Legislation to Modernize American Red Cross Governance” American Red Cross Press Release, May 11, 2007

11 21 24 22 2638

59

99

129156

1900

- 190

9

1910

- 191

9

1920

- 192

9

1930

- 193

9

1940

- 194

9

1950

- 195

9

1960

- 196

9

1970

- 197

9

1980

- 198

9

1990

- 199

9

Frequency of Natural Disastersin Canada (1900-1999)

Source: OCIPEP Disaster Database version 3.1 (2001)

Number of

Disasters

Number of

Disasters

10 Year Period

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The risk of an influenza pandemic must also enter into the equation. Health Canada estimates that 4.5-10.6 million people will become ill such that they are unable to attend work or participate in other activities; representing 15-35 percent of the total Canadian population. Social disruptions such as school and daycare closures are to be anticipated. Such an event will require a high level of multidisciplinary cooperation between public authorities and the Canadian Red Cross. The urgency to improve the collaborative process between the Canadian Government and the Canadian Red Cross is palpable when one looks at the frequency of natural disasters and the uncertainty of what unforeseen climate changes, the threat of terrorism, an influenza pandemic and other diseases may produce. iii) The Beginning of a Canadian Response The Canadian Government has already shown leadership and a commitment to renew the framework of cooperation with the Canadian Red Cross at both the international and domestic level. Through this contribution agreement, the Canadian Government and the Canadian Red Cross at the 30th International Conference in November 2007 jointly sponsored a workshop highlighting the work of the Auxiliary Role Project and introduced, for the consideration of other National Societies, a model pledge on the auxiliary role. The Canadian Red Cross and the Government of Canada also proactively committed themselves to change by making the following pledge on the auxiliary role:

For the years 2007-2010, the Government of Canada and The Canadian Red Cross Society jointly pledge: to renew the framework for cooperation between the Government of Canada and the Canadian Red Cross to address better the humanitarian challenges of the 21st century by: • working to reinforce the status and roles of the Canadian Red Cross as auxiliary to public authorities in the humanitarian field; and, • reviewing existing measures, arrangements and instruments supporting the relationship.

Moreover, this need for change in the framework of cooperation is also supported by many municipalities38 and, to a certain extent, by provinces.39 The Auxiliary Role Project sought to engage municipalities specifically on the auxiliary role and the renewal process at the annual

38 See Scheduled for list of municipalities 39 See Schedule for a copy of the letters.

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Meeting of the Canadian Federation of Municipalities. The following draft resolution was proposed to municipalities:

Whereas the Canadian Red Cross is celebrating the 100th anniversary of its creation as a national non-profit volunteer humanitarian organization under The Canadian Red Cross Society Act, 1909; And whereas, under national and international law, the Canadian Red Cross and other National Red Cross and Red Crescent Societies are considered “auxiliary to the public authorities in the humanitarian field;” And whereas, the mandate of the Canadian Red Cross is to: “In time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world;” And whereas millions of Canadians and beneficiaries in other countries have been assisted by the Canadian Red Cross for over a century through programs aimed at disaster assistance, emergency preparedness, international aid, assistance and development, health, injury prevention and the promotion of international humanitarian law and humanitarian values; And whereas the Canadian Red Cross’ Auxiliary Role Project seeks to revitalize the relationships with public authorities at the federal, provincial, territorial and municipal levels so as to better serve the needs of humanity; Be it resolved that the Council of the city/township of ___________________ expresses its support for the Auxiliary Role Project and in particular, the renewal of the framework for cooperation between public authorities and the Canadian Red Cross to better address the humanitarian challenges of the 21st century by: a) working to reinforce the status and roles of the Canadian Red Cross as auxiliary to public authorities in the humanitarian field; b) and reviewing existing measures, arrangements and instruments supporting the relationship.

To date the response has been quite positive, with over 70 municipalities writing to the Society that they have adopted the resolution (or a similar motion). Combined, these municipalities encompass a population totalling over 4.5 million Canadians. Finally, on May 19, 2009, the Canadian Red Cross will be celebrating the 100th anniversary of the Canadian Red Cross Society Act. This is an opportunity for the Canadian Red Cross to tell

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its story and highlight its work. Right across the country, Canadian Red Cross volunteers, donors, members and staff will be planning events and activities to celebrate this event. Renewing the framework of cooperation by implementing the two proposed recommendations will be an excellent way for the Canadian Red Cross and the Government of Canada to express their dedication to humanitarian work and values and pave the way forward towards a next century of partnership in building a resilient civil society in Canada and throughout the world.

In brief: Opportunity the right time for Change

Ø The humanitarian challenges of the future require coordinated action and proper

mobilization of resources in particular in the voluntary sector: “No to a Canadian Katrina!”

Ø 2009 marks the 100th Anniversary of the Canadian Red Cross Society Act

Ø The Federal government supports change and specifically committed itself

through the Joint Pledge to Renew the Framework of Cooperation Ø Municipalities and provinces support this renewal

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Conclusion

Both States and the Movement have recognized for some time the need to work more closely together to build capacity and resilience within civil society. This resilience is based upon not only the self-sufficiency of individual citizens, but also the collective benefit that accrues to a State of having a well-organized and trained cadre of citizens whose talents would serve to “supplement or substitute” those of the State in a major emergency. This is an important and necessary public policy goal, but perhaps the more pertinent question is: “How can this be accomplished?” Almost a decade ago, realizing that it was faced with an entirely new paradigm, the Movement sought to enhance the relationships between National Societies and States. As we have seen, the basis for this new rapport was the traditional role of the Red Cross as “auxiliaries”, a concept that, as noted above, traces its origins to the beginnings of the Red Cross where “volunteer relief societies” were intended to function as “auxiliaries to the medical services of armies in the field”. Although this initial auxiliary role has expanded well beyond what was originally intended, the search for clarity around this concept has allowed the Society and the Government of Canada to examine their relationship. The analysis and recommendations provided in this report outline the general need to strengthen and deepen the engagement between the Canadian Red Cross and public authorities at all levels. Current threats caused by the increase in disasters, climate change, pandemics and security issues call for a cross-cutting holistic approach. These humanitarian challenges cannot be dealt with in a fragmented manner. The leadership shown by the Government of Canada by providing funding for this project has enabled the Canadian Red Cross to engage its stakeholders at all levels through public consultations in order to create momentum to establish a new framework for cooperation between the Society and public authorities at all levels. It is important that this historic occasion be seized and that this momentum is not lost. In 2009, the centennial year of the Canadian Red Cross, the draft statue will provide Canada with a solid basis to declare that it has fulfilled its pledge to the 30th International Conference of the Red Cross and Red Crescent. It will also demonstrate that Canada is a healthy participant in the world’s largest humanitarian network, fulfilling its obligations in a robust, active and confident manner underscored by modern, cutting-edge legislation. Such legislation will allow the Society and public authorities at all levels to engage in a meaningful manner in order to both mobilize the power of humanity in times of crisis and partner to build resilient and vibrant communities in Canada and throughout the world.

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Appendix A

A: Draft Canadian Red Cross Act

An act respecting The Canadian Red Cross Society and The International Red Cross and Red Crescent Movement and the Government of Canada. Preamble WHEREAS the International Committee of the Red Cross founded as the International Committee for Relief to the Wounded in 1863 at Geneva and formally recognized in the Geneva Conventions, is an independent humanitarian organization; WHEREAS Dr. George Sterling A. Ryerson at the Battle of Batoche, on May 15, 1885, was the first person in Canada to use the red cross to identify his horse-drawn ambulance, and founded in 1896 The Canadian Red Cross Society as an overseas branch of the British Red Cross; WHEREAS in 1909 the Government of Canada pursuant to the Resolutions of the Conference of Geneva of 1863 adopted An Act to Incorporate The Canadian Red Cross Society 1909, c.68; WHEREAS in 1919 The League of Red Cross Societies, ancestor of The International Federation of Red Cross and Red Crescent Societies was founded to strengthen and unite already-existing Red Cross Societies; WHEREAS in 1927 the Canadian Red Cross was admitted as an independent National Red Cross Society to the International Red Cross and Red Crescent Movement; WHEREAS The Canadian Red Cross Society has helped to alleviate the suffering and to meet the needs of the most vulnerable in Canada and abroad and performed the duties incumbent on a National Society of the International Red Cross and Red Crescent Movement according to the Geneva Conventions and the Statutes of the Movement for over 100 years; WHEREAS the Red Cross, Red Crescent and Red Crystal emblems are universally recognized symbols of assistance for the victims of armed conflicts and natural disasters protected by international law; EMPHASIZING the Fundamental Principles of the International Red Cross and Red Crescent Movement: HUMANITY, IMPARTIALITY, NEUTRALITY, INDEPENDENCE, VOLUNTARY SERVICE, and UNITY, adopted by the 20 th International Conference of the Red Cross and Red Crescent at Vienna in 1965; AND, WHEREAS the Government of Canada has signed the Geneva Conventions of 1929 and the four Geneva Conventions of 1949 and the Additional Protocols of 1977 and 2005, and has supported the principles and application of International Humanitarian Law and the work of The Canadian Red Cross Society and the International Red Cross and Red Crescent Movement through its participation at International Conferences. NOW, THEREFORE, in the centennial year of the Society’s incorporation, in order to affirm Parliament’s commitment to the International Red Cross and Red Crescent Movement and to better recognize the continuing importance of the Canadian Red Cross to Canada, Her Majesty, by and with the advice and consent of the Senate and House of Commons, enacts as follows: Commentary: In achieving the public policy objective of reinvigorating the relationship between the International Red Cross and Red Crescent Movement, its volunteers, and the Government of Canada, the very real need exists to educate the public about the humanitarian nature of the Movement, the origins of the Canadian Red Cross and the specific and distinctive relationship with the Government of Canada. It is recommended that a preamble will assist in educating Canadians as to the important historical role of the world’s largest humanitarian organization and Canada’s participation in it.

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Short Title 1. This Act may be cited as the Canadian Red Cross Act. Commentary: The Canadian Red Cross Society Act, it is suggested, will be repealed, but the Letters Patent, 1970 issued pursuant to the Canada Corporations Act, will continue to form the basis for the internal governance of the Canadian Red Cross. The name change, which drops “Society,” is merely to differentiate the old from the new and reflects a more modern idiom. Purpose of the Act 2. The purpose of this Act is to provide for: (1) the legal basis for recognition of The Canadian Red Cross Society by the International Committee of the Red Cross, (2) the relationship between The Canadian Red Cross Society and the Government of Canada; (3 protection for the emblems of the International Red Cross and Red Crescent Movement; and (4) the dissemination of International Humanitarian Law in Canada. Commentary: The draft legislation under consideration deals with the relationship between The Canadian Red Cross, the Government of Canada and their engagement in respect of humanitarian causes. This includes such matters as the protection of the Movement’s emblems and the auxiliary role where it supplements or substitutes public humanitarian services. It is important to set out the purposes of this legislation to highlight its public policy objectives, differentiate this organization as to its uniqueness and to educate the public in respect thereof. The machinery of governance of the Canadian Red Cross is best left to the Canada Corporations Act. Interpretation 3. In this Act, “Fundamental Principles” mean the Fundamental Principles of the Red Cross as proclaimed in the Preamble to the Statutes of the International Red Cross and Red Crescent Movement. “International Conference of the Red Cross and Red Crescent” means the International Conference of the Red Cross and Red Crescent as defined in article 8 of the Statutes of the Movement. “Lead Minister” means a Minister of the Crown appointed pursuant to section 13. “Minister” means a Minister of the Crown designated pursuant to section 13. “National Society” has the meaning of National Society as defined in article 3 of the Statutes of the Movement. “Statutes of the Movement” means the Statutes of the International Red Cross and Red Crescent Movement adopted by the 25th International Conference of the Red Cross at Geneva in 1986, amended in 1995 and 2006 and as amended from time to time. “The Canadian Red Cross Society” means The Canadian Red Cross Society continued under Part II of the Canada Corporations Act.

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Part I Recognition 4. The purposes of The Canadian Red Cross Society include: (1) to provide protection and assistance to victims of armed conflict in accordance with the Geneva Conventions Act; (2) to provide humanitarian assistance to the victims of natural disasters and other emergencies; (3) to work for the improvement of health, prevention of disease and the mitigation of human suffering; and (4) to promote and disseminate international humanitarian law and humanitarian values. Commentary: National Societies are recognized by the International Committee of the Red Cross once they meet the conditions laid out by article 4 of the Statutes of the Movement. Prior to providing for the necessary provisions that would lay the foundation for this recognition, this provision would ensures that the Society maintains certain essential aims for the purposes of this draft statute. 5. The Canadian Red Cross Society shall act as the National Red Cross Society in Canada for the purposes of the Geneva Conventions Act and the International Red Cross and Red Crescent Movement. 6. The Canadian Red Cross shall be entitled to use the Red Cross emblem in accordance with the Geneva Conventions Act. 7. The Canadian Red Cross Society shall be the only National Society of the Red Cross in Canada and may carry out its activities throughout Canada. Commentary: The Statutes of the International Red Cross and Red Crescent Movement require that certain conditions be met by domestic legislation for a National Society to be admitted to the Movement. Article 4 section 2 when combined with article 4 section 7 require that the National Society be the only National Red Cross Society entitled to operate throughout the country and use the red cross emblem under the Geneva Conventions Act. This article also reflects the Fundamental Principle of Unity found in the Preamble above. 8. The Canadian Red Cross Society is recognized as a voluntary aid society auxiliary to the public authorities in the humanitarian field. Commentary: The Statutes of the Movement require that certain conditions be met by domestic legislation for a National Society to be admitted to the Movement. Article 4 section 3 of the Statutes requires that the National Society be recognized as a “voluntary aid society auxiliary to the public authorities in the humanitarian field”. This status is the basis for National Society auxiliary roles ranging from disaster management to providing protection and assistance to the victims of armed conflict and disasters, preventing and alleviating human suffering, and potentially serving as an auxiliary to the medical services of the armed forces as provided by article 26 of the Geneva Conventions. 9. The Canadian Red Cross Society shall at all times act in accordance with the Fundamental Principles and adhere to the Statutes of the International Red Cross and Red Crescent Movement . Commentary: Statutes of the International Red Cross and Red Crescent Movement require that certain conditions be met by domestic legislation for a National Society to be admitted to the Movement. Article 4 section 9 when combined with article 4 section 10 require that a National Society adhere to the Statutes of the Movement and respect the Fundamental Principles of the Movement. 10. The Government of Canada shall at all times respect the adherence by The Canadian Red Cross Society to the Fundamental Principles of the International Red Cross and Red Crescent Movement. Commentary: This provision reflects not only the National Society’s commitment to comply with the Fundamental Principles but the Government of Canada’s commitment to that adherence. This concurs with United Nations Resolution 55 (1):

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“The General Assembly draws the attention of the Members of the United Nations to the fact that the following purposes are of special concern, namely: That the said Members should encourage and promote the establishment and co-operation of duly authorised voluntary National Red Cross and Red Crescent Societies; That at all times the independent voluntary nature of the National Red Cross and Red Crescent Societies be respected in all circumstances, provided they are recognized by their Governments and carry on their work according to the principles of The Geneva and The Hague Conventions and in the humanitarian spirit of the Red Cross and Red Crescent That the necessary steps be taken to ensure in all circumstances contact may be maintained between the National Red Cross and Red Crescent Societies of all countries, so as to enable them to carry out their humanitarian task.” Part II The Canadian Red Cross Society and the Government of Canada 11. There shall be a Canadian Red Cross and Government of Canada Liaison Committee. 12. The Government of Canada shall designate by Order-in-Council a “Lead Minister” for the purposes of this Act, a Minister to be responsible for Parts I and III of this Act, a Minister to be responsible for Part II of this Act and a Minister responsible for Part IV of this Act. 13. The Canadian Red Cross and Government of Canada Liaison Committee shall comprise: (1) the Secretary General of the Canadian Red Cross Society or his deputy; (2) the “Lead Minister” designated pursuant to Section 12 or his deputy; (3) one of the other Ministers designated pursuant to Section 12 or his deputy. 14. The Secretary General of the Canadian Red Cross Society and the “Lead Minister” designated pursuant to Section 12 shall be the co-chairs of the Canadian Red Cross and Government of Canada Liaison Committee. 15. The Canadian Red Cross and Government of Canada Liaison Committee shall report annually to Parliament through the “Lead Minister” on the operation of this Act. 16. The Canadian Red Cross and Government of Canada Liaison Committee shall meet at least annually, at the call of either of the co-chairs, and may meet more frequently, notably: (1) when a Public Welfare Emergency, Public Order National Emergency, International Emergency or war emergency is declared by the Government of Canada pursuant to the Emergencies Act; (2) when the Canadian Forces are called out in aid to the civil power pursuant to the National Defence Act; (3) when the Government of Canada enters into an armed conflict of an international or non-international character; (4) when a situation arises that is critical, seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with, or that seriously threatens the ability of the Government to preserve the sovereignty and territorial integrity of Canada but that falls short of a declared emergency under the Emergencies Act; (5) when the Government of Canada proposes embarking on a national program of public awareness, education or training related to emergency management or international humanitarian law; (6) when the Government of Canada proposes establishing national standards in respect of emergency management; (7) when the Government of Canada proposes embarking on a national program of public awareness, education or training relating to the improvement of health, prevention of disease, and the mitigation of suffering and where the Canadian Red Cross Society is a participant; (8) prior to an International Conference of the Red Cross and Red Crescent;

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(9) in the event of a major international humanitarian emergency or disaster to which the Government of Canada is responding; and 17. The consultations provided for in section 16, shall be carried out in accordance with procedures established by the Canadian Red Cross and Government of Canada Liaison Committee. 18. Procedures issued pursuant to section 17 shall be made public by inclusion in the annual report to Parliament required by section 15. 19. In addition to the consultation provided for in section 16, the Canadian Red Cross and Government of Canada Liaison Committee may meet to consider any matter in the furtherance of this Act. 20. The costs associated with the functioning of the Canadian Red Cross and Government of Canada Liaison Committee and any subcommittee thereof shall be borne by the Government of Canada out of the Consolidated Revenue Fund. Commentary: The balanced relationship between the Government of Canada and the Canadian Red Cross created by sections 11 and 16 cannot occur in a vacuum. It is suggested that it is insufficient to provide for meaningful engagement as occasioned by sections 16 and 18 without providing legislative support within which the engagement can occur. The draft statute suggests the Government of Canada and the Canadian Red Cross to engage without forcing them to make additional commitments. Without this legislated responsibility to engage neither party can maximize its potential to fulfill its national and international commitments. For example, would the Government of Canada be able to satisfy Canadians that in response to a national disaster it had taken all precautionary steps possible in preparation for the disaster if it cannot demonstrate that it had a statutory responsibility and mechanism for receiving advice, expertise, and information from the world’s leading humanitarian network? Can the Canadian Red Cross satisfy its constituents that when interacting with the Government of Canada the Fundamental Principles of the Movement are respected both in law and in fact? Section 11 provides for a forum in which the balanced relationship can be maintained and meaningful engagement between the government and its National Society can occur. Section 12 advances the proposition that there be a “Lead Minister” for the draft statute selected by the Governor in Council but recognizes that the various substantive parts of this legislation may fall within the competency of more than one minister. As to which minister or ministers will be responsible for which parts of the Act the choice will be left to the Governor in Council. Section 13 outlines the makeup of the committee advanced by section 12 and together with section 14 provides for the leadership of the committee, indicating that those responsible and accountable for their respective institutions have the leadership roles in the engagement process envisioned by the draft statute. Sections 15, 16 and 17 provide for the essential operating construct of the committee leaving the details of its operation to directions to be issued by the committee itself. In addition, section 18 provides for accountability and transparency in the operation of the committee while section 19 adds flexibility to its purpose. Section 20 assigns responsibility for funding the activity of the committee which it is suggested is better placed with the public rather than volunteer donors. Part III International Humanitarian Law 21. There shall be a subcommittee of the Canadian Red Cross and Government of Canada Liaison Committee called the Canadian National Committee on International Humanitarian Law, to provide a forum in which the Government of Canada and the Canadian Red Cross consult on the adherence to and dissemination of International Humanitarian Law. 22. The Canadian National Committee on International Humanitarian Law shall advise the Canadian Red Cross and Government of Canada Liaison Committee on the dissemination of International Humanitarian Law. 23. The Canadian National Committee on International Humanitarian Law shall be comprised of: (1) a representative of The Canadian Red Cross Society as designated by the Secretary General;

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(2) a representative from the Department of Foreign Affairs as designated by the Minister of Foreign Affairs; (3) a representative from the Canadian Forces or Department of National Defence as designated by the Minister of National Defence; (4) a representative from the Department of Justice as designated by the Minister of Justice; (5) a representative from the Canadian International Development Agency as designated by the Minister responsible for the Canadian International Development Agency; and (6) a representative from Public Safety Canada as designated by the Minister of Public Safety. 24. The Chair of the Canadian National Committee on International Humanitarian Law shall be designated by the co-chairs of the Canadian Red Cross and Government of Canada liaison Committee on an annual and rotating basis. 25. The Canadian National Committee on International Humanitarian Law shall meet at the call of the Chair and shall carry out its activities in accordance with directions issued by the Canadian Red Cross and Government of Canada Liaison Committee. Commentary: Article 3(2) of the Statutes of the Movement provides that National Societies shall disseminate and assist their governments in disseminating international humanitarian law. Articles 82 and 83 of Schedule V of Canada’s Geneva Conventions Act impose statutory obligations on the Government of Canada in the dissemination of international humanitarian law. In an attempt to satisfy their respective statutory obligations and in furtherance of Resolution 1 of the 26th International Conference of the Red Cross and Red Crescent, in 1995 the Government of Canada and the Canadian Red Cross created by way of memorandum of understanding an interdepartmental committee known as the Canadian National Committee on Humanitarian Law. The committee composed as it is by federal officials from a variety of departments can not speak collectively for the government, lacks policy guidance from elected officials and is unfunded. Its ability to advise government on the dissemination of international humanitarian law is limited and the committee fails in meeting the purposes for which it was created. Section 20 provides for the statutory engagement of the government in respect of the dissemination of international humanitarian law in the furtherance of the statutory obligations of both parties. Section 21 creates a subcommittee of the Liaison Committee provided for by section 11 to be known as the Canadian National Committee on International Humanitarian Law. Section 22 provides for the purpose of the subcommittee and section 23 for its makeup. The subcommittee would comprise representatives from the same organizations that made up the Canadian National Committee on Humanitarian Law. Section 24 provides for the leadership of the subcommittee and section 25 for its essential operating construct. Part IV Emblem Protection 26. Everyone who fraudulently represents himself to be a member or representative of or agent for, The Canadian Red Cross Society for the purposes of soliciting, collecting or receiving money or materiel, is guilty (1) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (2) of an offence punishable on summary conviction. 27. Subject to s. 28, every person who wears, uses, or displays any of the following: (1) the heraldic emblem of the Red Cross on a white ground, referred to in article 44 of Schedule I of the Geneva Conventions Act and the words “Red Cross” or “Geneva Cross”; or (2) the emblem of the Red Crescent on a white ground referred to in article 38 of Schedule I to the Geneva Conventions Act or the words “Red Crescent”; or (3) the emblem of the Red Crystal on a white ground, referred to in article 2, paragraph 2 of schedule 7 of the Geneva Conventions Act or the words “Red Crystal”; or (4) any other word, mark, device or thing so closely resembling as to be mistaken for anything mentioned in paragraphs (1) to (3); is guilty:

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(a) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (b) of an offence punishable on summary conviction.

28. No one contravenes section 27 who: (1) wears, uses or displays in accordance with the Geneva Conventions Act any of the items identified in section 27 (1) to (4); (2) wears, uses or displays any of the items identified in section 27 (1) to (4) with the written authorization of The Canadian Red Cross Society or the Government of Canada. Commentary: Canada’s Geneva Conventions Act integrates into Canadian law the dispositions of the Geneva Conventions and makes binding on Canada the “Regulations on the use of the Red Cross and Red Crescent by National Societies”. Canada is obliged, if Its legislation is not already adequate, to take measures necessary for the prevention and repression at all times of abuses of the emblem. It is in the public interest that Canada does this and it is clear that it is a public responsibility. The Geneva Conventions Act does not, however, provide a mechanism for enforcement other than one which would lead to an accusation of a commission of a war crime during times of armed conflict. There is also the Trade Marks Act which prohibits the registration of the emblems as a trade-mark and their unauthorized use for commercial purposes. Enforcement mechanisms under that Act is left to litigation before the courts by interested parties. This protection is deficient in that although the Attorney General is always an interested party under the Act it is not clear that the Canadian Red Cross is. Litigation is time consuming and expensive. Interested parties are hesitant to proceed for these reasons. In the past the public responsibility of protecting the public interest by enforcing emblem protection has been left to the not-for-profit charitable Canadian Red Cross. Volunteer donor funds have been used to pay for enforcing a responsibility belonging to all taxpayers not just a few. Litigation has been conducted without input from the stakeholders in the public sector and has to this point been seldom effective. The Canadian Red Cross Society Act of 1909 creates two offences whose provisions are antiquated and require modernization in terms of language, penalties and Charter of Rights and Freedoms compliance. The draft statute advances solutions for the deficiencies noted above. Sections 26 and 27 are offence sections that have been modernized and attach criminal liability to those who would purport to fraudulently misrepresent themselves as being associated with the Canadian Red Cross to acquire monetary gain and for any unauthorized use of the emblems of the Movement. Note that section 27 makes it an offence to wear, use or display the emblems and section 28 absolves individuals from contravening section 27 if the wearing, using or displaying of the emblems is in accordance with the Geneva Conventions Act or was authorized by the Canadian Red Cross. This allows for the Canadian Forces [section 28 (1)] to continue with the proper use of the emblems and section 28(2) permits the Canadian Red Cross to designate who can in accordance with section 7 of the draft statute use the emblems. The penalties provided with sections 27 and 28 are minimum threshold penalties in accordance with modern day criminal law standards. 29. The Canadian Red Cross Society shall assist the Government of Canada in carrying out its responsibilities pursuant to articles 53 and 54 of Schedule I to the Geneva Conventions Act by bringing to the attention of the Canadian National Committee on International Humanitarian Law alleged violations of sections 26 and 27 that cannot be resolved through education and voluntary compliance. 30. The Canadian National Committee on International Humanitarian Law shall review the allegations brought to its attention pursuant to section 29 and shall dispose of them by: (1) referring them back to The Canadian Red Cross Society; (2) referring them to the Attorney General for Canada; (3) referring them to the Director of Public Prosecutions for Canada; (4) referring them to the Royal Canadian Mounted Police; or (5) taking such other action as appears appropriate. 31. The Canadian National Committee on International Humanitarian Law shall advise the Canadian Red Cross and Government of Canada Liaison Committee on the disposition of the allegations brought to its attention pursuant to section 29.

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32. The Canadian Red Cross and Government of Canada Liaison Committee shall in its annual report to Parliament record the disposition of the allegations brought to the attention of the Canadian National Committee on International Humanitarian Law pursuant to section 29. Commentary: Sections 29, 30, 31 and 32 provide for a mechanism of engagement which will lead to a better enforcement of Canada’s laws with respect to emblem protection. Section 29 places the onus on the Canadian Red Cross to bring unresolved allegations of emblem misuse to the Canadian National Committee on International Humanitarian Law. This permits the public interest stakeholders and those with expertise to take a collective position on how to deal with the allegations. Section 30 provides the options available for disposition of the allegations. The Canadian Red Cross can be asked to inquire and provide further information or educate the potential perpetrator. Alternatively, the chair of the subcommittee on behalf of the subcommittee could refer the matter to the Attorney General for his consideration and possible action under the Trade Marks Act or other legal instruments. Alternatively, the chair of the subcommittee could refer the matter to the police or where the matter is potentially in the hands of a prosecutor to the Director of Public Prosecutions. In this way emblem protection can on a case by case basis be dealt with by all the appropriate stakeholders with all of the interests taken into consideration on how to proceed. Sections 31 and 32 advance a scheme to provide for accountability and transparency in the work of the subcommittee. Part V Miscellaneous 33. The Governor in Council may after consultation with the co-chairs of the Canadian Red Cross and Government of Canada Liaison Committee make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of this Act. 34. The Canadian Red Cross Society Act S.C. 1909, C.68 as amended is repealed. Commentary: Section 33 provides for regulatory powers. Section 34 advances the proposition that the provisions of the draft statute no longer make it necessary to continue with the Canadian Red Cross Act Society of 1909.

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Appendix B B: The Canadian Red Cross Society – Historical Background The founding of the Canadian Red Cross Society can be attributed to the courage and conviction of Dr. George Sterling Ryerson, who later went on to found Ryerson College. In the spring of 1885, during Riel's North West Rebellion, Ryerson planted the seed for what would later be-come the Canadian Red Cross when he needed something to distinguish the horse-drawn wagon being used to transport the wounded. He obtained red material from the artillery, tore off two strips and sewed them onto white factory cotton. This was one of the first Red Cross flags ever flown in Canada. In 1896, Dr. George Sterling Ryerson founded the first overseas branch of the British Red Cross that later became the Canadian Red Cross.

Dr. George Sterling Ryerson

In 1909, the Federal Government passed the Canadian Red Cross Society Act. It legally established the Red Cross as the corporate body responsible for providing volunteer aid in Canada in accordance with the Geneva Conventions. Interestingly, the construction of 330 Sussex Drive coincides very closely with the passage of this legislation. Among those listed as part of the “body corporate and politic” were some of the most prominent political, military, legal and medical figures in Canada at the time. Sir Charles Tupper, Canada’s sixth Prime Minister, is part of that list as is the Honourable Sir Hugh John Macdonald, the son of Sir John A. Macdonald. Along with Canadian Red Cross founder George Sterling Ryerson, the younger Macdonald served as part of the Dominion forces sent to quell the Riel Rebellion. He was also a Member of Parliament and Minister as well as Premier of Manitoba.

The Honourable Sir George Foster was another key figure in the establishment of the Society. He too was a Member of Parliament and Minister, served as a Canadian delegate to the 1919 Versailles Peace Conference and was chairman of the Canadian delegation to the first assembly of the League of Nations. The Honourable Sir George W. Ross is also listed. He served as a Member of Parliament, Premier of Ontario and ended his political career as a Senator.

Following the First World War and the 1918-19 influenza pandemic, various Red Cross societies organized a program of global health improvement thereby creating a peacetime role for the Red Cross. While the Canadian Red Cross would stand ready to offer aid in all wars and uprisings, it had already begun a post-war program of health education to the public. Within a few years, it became deeply involved in public health through its provision of: outpost hospitals and nursing stations, home nursing classes, visiting

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housekeepers, nutrition services and the establishment of courses in public health nursing at five Canadian universities. The Junior Red Cross was formed with the goal of improving the health of Canadian children.

The International Committee of the Red Cross (ICRC) recognized the Canadian Red Cross as an independent national Red Cross Society in 1927. This permitted the Canadian Red Cross to join the League of Red Cross Societies today known as the International Federation of Red Cross and Red Crescent Societies.

Transport Officer CRCS

During the 1930’s the Society’s first aid program was established. First aid posts on the highway between Montreal and Toronto provided emergency care for victims of traffic accidents. In 1939, the Society established 2,088 branches, nine provincial divisions and a national headquarters in Toronto to prepare for World War II. When the war began, the development of the Women’s War Work program and the Canadian Red Cross Corps positioned women as the backbone of our volunteer programs.

Nursing Auxiliary CRCS

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During the Second World War, the Canadian Red Cross became firmly embedded in Canadian society through its extensive war work. By the end of 1945, one-quarter of the Canadian population were active members. During World War II, the Canadian Red Cross raised $80 million for the comfort and relief of the sick and wounded. As wounded veterans returned to Canada, the Society offered programs to help them return to society. Following the war, the organization returned to its focus on health and safety issues. In the 1950’s, the outpost hospital program reached its peak with almost 90 outpost units across Canada. The Society continued supporting victims of war by sending a Medical-Social Welfare team to Korea and later participated in the exchange of prisoners of war. On the international scene, the Canadian Red Cross administered the Canadian Hungarian Fund and operated refugee camps in Austria and the Netherlands. During the 1970’s, the Society encouraged Canadians to help victims of disasters outside of Canada such as Pakistani refugees in India, victims of the Guatemala earthquake, Southeast Asia refugees and victims of war. Domestically, the Seniors Services program was initiated to improve the health and independence of seniors through its volunteer services. Over 1.2 million Canadian children were involved in the Canadian Red Cross Society’s Youth activities during the International Year of the Child (1979). In the 1980’s, the Southeast Asia “boat people” crisis required the expansion of the Society’s Tracing and Reunion Service. A special unit was created to handle queries about refugees and victims of war. In 1990, the Society’s commitment to its fundamental principles of neutrality and impartiality placed it in a unique position during the Oka Crisis. The Canadian Red Cross was asked to provide food and medical supplies to those behind the barricades. Internationally, the Red Cross helped victims of conflict at home and abroad including Kurdish refugees, hospital patients in the former Soviet Union, people affected by clan warfare and drought in Somalia, Hutu and Tutsi ethnic groups in Rwanda and Bosnian civilians. In 1993, the Society welcomed the announcement of a public inquiry into Canada's blood system. This inquiry, reviewed the mandate, organization and management of all elements of the Canadian blood system including the contamination of the blood supply in the early 1980s. The Society co-operated fully in this process, which was regarded as an important opportunity for constructive change. The Krever Commission reported in November 1997. In September 1998, the national blood program, operated by the Canadian Red Cross for more than 50 years, was transferred to Canadian Blood Services and Héma-Québec. In the late 1990’s and into the first half decade of the new century, the Canadian Red Cross continued its domestic and international activities. Here at home, it has provided assistance in natural and human-made disasters. It has helped victims of the Red River and Saguenay floods, the “Ice Storm” of 1998,” western forest fires and tornadoes, hurricanes on the East Coast as well as thousands of victims of house fires across Canada. The Society also assisted the Kosovo refugees, victims of the Swiss Air 111 disaster as well as the thousands of people stranded at airports in Atlantic Canada in the immediate aftermath of 9-11. Internationally, the Canadian Red Cross has assisted stricken populations affected by floods, earthquakes, famine and hurricanes in countries such as Poland, The Czech

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Republic, Hungary, Slovakia, North Korea, Honduras, Nicaragua, El Salvador, Guatemala, Turkey, Iran, Cuba, Mexico, the United States, Mozambique, Columbia, India, Peru and Afghanistan to name just a few. The organization continues to be an important part of ongoing disaster assistance and re-development operations in Pakistan following the earthquake and in the tsunami affected countries of Indonesia, Sri Lanka and the Maldives. The Society also has an ongoing anti-malaria campaign in several countries in Africa. The Red Cross Movement including the Canadian Red Cross Society was also involved extensively in the international campaign to ban landmines (the Ottawa Treaty). The International Red Cross Movement - Historical Background In June 1859, the Austrian and French armies clashed at Solferino, a town in northern Italy. After 16 hours of fighting, the battlefield was strewn with 40,000 dead and wounded. That evening a Swiss citizen, Henry Dunant, arrived in the area on business. He was horrified by what he saw. For want of adequate medical services in both armies, thousands of wounded soldiers were left to suffer untended, abandoned to their fate. Dunant immediately organized care for them, without discrimination, helped by civilians from neighbouring villages. Returning home, Henry Dunant was unable to forget the terrible scenes he had witnessed. In 1862, he decided to write "A Memory of Solferino" which he published at his own expense and circulated to friends, philanthropists, military officers, politicians and prominent families. The book was a major success. The Geneva Society for Public Welfare, a charitable association based in the Swiss city of the same name, decided to set up a five-member commission to consider how Henry Dunant's ideas might be implemented. This commission met and founded the International Committee for Relief to the Wounded in time of war that later became the International Committee of the Red Cross.

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Appendix C

C: Pledges and follow-up to the 30th International Conference of the Red Cross and Red Crescent Pledge P178 National Society - Canada

Government - Canada Status: Final Chapter(s): Chapter 01 : Specific nature of Red Cross and Red Crescent action Chapter 02: International humanitarian law (IHL) and protection in armed conflict and other situations of armed violence Section(s): 1.5. Cooperation, coordination and capacity building within the Movement 2.8. The dignity of persons missing and their families Specific Area(s): 2.8.2. Ascertain the fate of missing persons 2.8.3. Manage information and process files on missing persons Proposed Evaluation Criteria: Pledge text For the years 2008-2011, we hereby pledge, taking into consideration the humanitarian responsibilities of States towards affected populations requiring Restoring Family Links assistance and the auxiliary role of the National Red Cross and Red Crescent Societies, to co-operate with each other to support the implementation of the Restoring Family Links Strategy for the International Red Cross and Red Crescent Movement.

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Pledges and follow-up to the 30th International Conference of the Red Cross and Red Crescent

Pledge P288 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 01: Specific nature of Red Cross and Red Crescent action Section(s): 1.1. National Societies role as auxiliaries to the public authorities Specific Area(s): Proposed Evaluation Criteria: Pledge text To renew the framework for cooperation between the Government of Canada and the Canadian Red Cross to address better the humanitarian challenges of the 21st century by: - working to reinforce the status and roles of the Canadian Red Cross as auxiliary to public authorities in the humanitarian field; and, - reviewing existing measures, arrangements and instruments supporting the relationship.

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Pledge P289 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed conflict and other situations of armed violence Chapter 06: The humanitarian consequences of violence in urban settings Section(s): 2.7. Other areas of protection and assistance in armed conflict Specific Area(s): 2.7.2. Civilian population (women, children, elderly, etc) Proposed Evaluation Criteria: Pledge text To address the plight of children in violent urban settings and the creation of safe environments: - To make efforts to sustain international attention and action, make this issue a broader policy focus of human security and undertake programmatic work directed at the city level in regions and countries of priority; - To take a leadership role in exploring the multiple dimensions of this issue through collaborative research efforts with a view to advance the prevention of violence against children in urban settings; and, - To promote the need for and support the implementation of programming to prevent all forms of violence against children in all settings, as identified in the UN Study on Violence Against Children. To address the problems faced by children in situations of armed conflict: - To sustain international attention and action on the issue of children and armed conflict as part of Canada’s broader policy focus on human security and the protection of civilians;

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- To support the full, effective and timely implementation of the UN Monitoring and Reporting Mechanism and UN SCR 1612 as a whole through multilateral and bilateral advocacy and programming and continued collaborative dialogue with civil society actors through mechanisms such as the Government-NGO Forum on Children and Armed Conflict); and, - To advocate for the inclusion of all serious violations against children in situations of armed conflict in the Annexed Lists to the Secretary-General’s reports and to seek greater accountability for persistent violators through multilateral and bilateral advocacy and programming and continued collaborative dialogue with civil society actors through mechanisms such as the Government-NGO Forum on Children and Armed Conflict.

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Pledge P291 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed conflict and other situations of armed violence Section(s): 2.1. Treaties of IHL: adhesion and ratification 2.3. National implementation of IHL 2.5. Sanction mechanisms in response to violations of IHL Specific Area(s): Proposed Evaluation Criteria: Pledge text - To continue to reaffirm the importance of international humanitarian norms through Canada’s ICC & Accountability Campaign, which supports projects designed to promote the effective operation of the International Criminal Court and other accountability mechanisms; - To continue to focus on targeted and cost-effective technical legal assistance, capacity building, education and outreach, particularly in States and among populations most affected by the crimes being considered; and To continue to encourage the widespread ratification and implementation of the Rome Statute of the ICC, with a view to ending the culture of impunity for serious violations of international humanitarian law.

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Pledge P292 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 03: Preparedness and response to disasters Section(s): 3.1. Strengthening the legal framework for international response to disasters 3.2. Measures to minimize the impact of disasters on vulnerable populations Specific Area(s): Proposed Evaluation Criteria: Pledge text - To acknowledge the importance of disaster risk reduction measures to minimize the impact of disasters on populations exposed to various hazards, and to continue to promote and invest in disaster risk reduction efforts at the national and international level; - To continue to support collaborative and coordinated national and international disaster response mechanisms; and, - To continue to examine domestic emergency management policies and regulations with a view to identifying and addressing, as necessary, potential obstacles to receiving international assistance in the event of a major domestic emergency. The Department of Foreign Affairs (the lead on the International Disaster response Laws file for the Government of Canada) and Public Safety Canada (the lead on domestic emergency management for Canada) will work jointly with federal departments and other levels of government to assess and identify possible solutions.

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Pledge P293 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 02 : International humanitarian law (IHL) and protection in armed conflict and other situations of armed violence Section(s): 2.6. Weapons and IHL Specific Area(s): 2.6.1. End the suffering caused by anti-personnel mines Proposed Evaluation Criteria: Pledge text - To continue to pursue the goal of a world free of the scourge of anti-personnel landmines through the universalization and full implementation of the Convention on the Prohibition on the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their Destruction (the Ottawa Convention); - To continue to assist States Parties to the Ottawa Convention to meet their treaty deadlines for stockpile destruction and mine clearance, and to support the rehabilitation of mine victims; and, - To continue to work on mine action and related issues in close cooperation with other States, UN Agencies, international organizations including the ICRC and the Geneva International Centre for Humanitarian Demining, and civil society actors, particularly the International Campaign to Ban Landmines.

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Pledge P294 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed conflict and other situations of armed violence Section(s): 2.6. Weapons and IHL Specific Area(s): 2.6.3. Reduce the uncontrolled availability and misuse of weapons Proposed Evaluation Criteria: Pledge text - To promote a comprehensive, people-centred approach to the issue of small arms and light weapons by addressing both supply and demand factors, and by supporting initiatives to improve human security and advance sustainable development by reducing small arms related violence; and, To continue to collaborate with the United Nations, States, international, regional, and multilateral organizations and civil society to promote the effective implementation of the UN Programme of Action on Small Arms and Light Weapons.

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Pledge P295 Government - Canada National Society - Canada Government - United States of America (the) National Society - United States of America (the) Status: Final Chapter(s): Chapter 07: Public health challenges Chapter 01: Specific nature of Red Cross and Red Crescent action Section(s): 7.2. Access to health education, promotion and care, treatment and disease prevention 1.5. Cooperation, coordination and capacity building within the Movement Specific Area(s): Proposed Evaluation Criteria: 1. In partnership with National Governments, RC/RC Movement and other stakeholders support campaigns to increase LLIN coverage and use 2. Pre Campaign Social Mobilization / Post Campaign Long Lasting Insecticide Treated /LLIN) "Hang Up" and "Keep Up" activities will be implemented by RC/RC Societies and monitored for impact 3. To contribute expertise or partner with third parties to evaluate campaign attendance, LLIN coverage and use, access to timely and effective diagnosis and treatment, and to identify effective methods to increase net use. 4. The impact on health equity will be assessed to ensure that poorest and most vulnerable are covered to the same extent as those who are less poor. Pledge text To reduce the risk of mortality and morbidity of vulnerable populations, specifically women and children, by partnering with national health systems, Sister National Societies

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and other stakeholders to counter the malaria global health challenge through increasing equitable access to effective front-line treatment, mosquito nets, and health education.

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Pledge P296 Government - Canada National Society - Canada Status: Final Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed conflict and other situations of armed violence Section(s): 2.1. Treaties of IHL: adhesion and ratification 2.5. Sanction mechanisms in response to violations of IHL 2.7. Other areas of protection and assistance in armed conflict Specific Area(s): 2.7.3. Protection of Medical Mission and security of humanitarian workers (and journalists) Proposed Evaluation Criteria: Pledge text - To promote safe and unhindered humanitarian access to individuals and communities in need, and support measures or initiatives that improve the safety of humanitarian workers; - To encourage greater coordination among agencies on security management issues, promote implementation of appropriate procedures and training for national and international staff and support research related to their safety and security; and, - To promote ratification and respect of relevant international treaties, including bringing to justice those who attack humanitarian personnel.

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Appendix D

D: Resolutions of the 30th International Conference of the Red Cross Red Crescent

RESOLUTION 1

TOGETHER FOR HUMANITY 1. adopts the Declaration “Together for Humanity” of the 30th International

Conference;

2. encourages all members of the Conference, in accordance with their respective powers, mandates and capacities, to work together to alleviate the suffering caused by the humanitarian consequences of the challenges outlined in the Declaration;

3. urges all members of the Conference to include the resolutions adopted and their pledges made at the Conference in their efforts to optimize interaction and partnerships amongst themselves and together with other actors at the international, regional, and local levels;

4. invites all members of the Conference to keep the ICRC and the International Federation informed of actions taken and progress made with the implementation of the Declaration and resolutions of the Conference as well as of their pledges;

5. requests the ICRC and the International Federation to report to the 31st International Conference on the follow-up by Conference members to the resolutions and pledges of this Conference;

6. welcomes the adoption by the Movement of its Restoring Family Links Strategy (2008-2018), in Resolution 4 of its 2007 Council of Delegates and calls upon State authorities to continue their support to the restoration of family links activities of the components of the Movement, particularly by strengthening National Societies’ capacities, in conformity with their role and mandate;

7. notes that the International Federation has circulated its Global Health and Care Strategy 2006-2010 to member States and National Societies within the framework of the World Health Assembly and on other occasions, and expects that this document will add value to partnerships aimed at meeting public health challenges including those identified at this Conference;

8. thanks the ICRC for its comprehensive work on the Study on customary international humanitarian law and for initiating, with the British Red Cross Society, the updating of the “Practice” Volume of the Study;

9. expresses its appreciation to the ICRC for its report on "International humanitarian law and the challenges of contemporary armed conflicts", and

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invites it to continue to analyse current and emerging challenges, to generate reflection and to conduct broad consultations on the issues identified;

10. urges all members of the Conference to continue and intensify their efforts to implement the 2003 Agenda for Humanitarian Action as a relevant and comprehensive framework for action to address:

• the suffering caused by family separation and the persisting tragedy of persons missing in connection with armed conflict or other situations of armed violence;

• the human costs of the uncontrolled availability and misuse of weapons in armed conflicts;

• the risk and impact of disasters and the improvement of preparedness and response mechanisms;

• the risk and impact of HIV and other infectious diseases with regard to vulnerable people.

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RESOLUTION 2

THE SPECIFIC NATURE OF THE RED CROSS AND RED CRESCENT MOVEMENT IN ACTION AND PARTNERSHIPS AND

THE ROLE OF NATIONAL SOCIETIES AS AUXILIARIES TO THE PUBLIC AUTHORITIES IN THE HUMANITARIAN FIELD

1. Reaffirms that it is the primary responsibility of States and their respective public

authorities to provide humanitarian assistance to vulnerable persons on their respective territories and that the primary purpose of National Societies as auxiliaries to the public authorities in the humanitarian field is to supplement them in the fulfilment of this responsibility;

2. Calls upon National Societies and respective public authorities to consolidate a

balanced relationship with clear and reciprocal responsibilities, maintaining and enhancing a permanent dialogue at all levels within the agreed framework for humanitarian action;

3. Recognises that public authorities and National Societies as auxiliaries enjoy a

specific and distinctive partnership, entailing mutual responsibilities and benefits, based on international and national laws, in which the national public authorities and the National Society agree on the areas in which the National Society supplements or substitutes public humanitarian services; the National Society must be able to deliver its humanitarian services at all times in conformity with the Fundamental Principles, in particular that of neutrality and independence, and with its other obligations under the Statutes of the International Red Cross and Red Crescent Movement as agreed by States in the International Conference of the Red Cross and Red Crescent;

4. Emphasises that (a) National Societies as auxiliaries to the public authorities in the humanitarian field

have a duty to consider seriously any request of their public authorities to carry out humanitarian activities within their mandate,

(b) States must refrain from requesting National Societies to perform activities which are

in conflict with the Fundamental Principles or the Statutes of the Red Cross and Red Crescent Movement or its mission, that National Societies have the duty to decline any such request and underlines the need for the public authorities to respect such decisions of the National Societies;

5. Invites National Societies and Governments to clarify and consolidate the areas in

which National Societies as auxiliaries cooperate at all levels with the public authorities;

6. Stresses that the National Society, whilst acknowledging that its personnel and

assets are provided to the medical services of the State’s armed forces in

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accordance with Article 26 of the First 1949 Geneva Convention and thus subject to military laws and regulations, must respect the Fundamental Principles, including that of neutrality, and at all times maintain its autonomy and ensure that it is clearly distinguishable from military and other governmental bodies;

7. Invites the International Federation and the ICRC, in consultation with States and

National Societies, to make available and further develop relevant information material for National Societies, public authorities and other interested bodies, including guidelines, legal advice and best practices, in support of partnerships between National Societies and the public authorities in the humanitarian field.

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RESOLUTION 3

REAFFIRMATION AND IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

"Preserving Human Life and Dignity in Armed Conflict"

Respect and Ensure Respect 1. Reaffirms the obligation of all States and parties to an armed conflict to respect and ensure respect for international humanitarian law in all circumstances; 2. Stresses, in this regard, the obligation of all States to refrain from encouraging violations of international humanitarian law by any party to an armed conflict and to exert their influence, to the degree possible, to prevent and end violations, either individually or through multilateral mechanisms, in accordance with international law;

Fundamental Guarantees

3. Reaffirms that all persons in the power of a party to an armed conflict, including persons deprived of their liberty for reasons related to the armed conflict, are entitled to the fundamental guarantees established by international humanitarian law in both international and non-international armed conflict and that, as a result, no one can be outside the law;

4. Stresses that these fundamental guarantees apply without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria;

5. Reaffirms, in this regard, the continued importance of full compliance with Article 3 common to the 1949 Geneva Conventions, expressing certain fundamental guarantees, as supplemented by applicable treaty law and customary international law;

6. Reaffirms the obligation of humane treatment for all persons in the power of a party to an armed conflict, including persons deprived of their liberty for reasons related to the armed conflict, and the obligation to respect their personal convictions and religious practices, and reaffirms, in this regard, the prohibition of murder, torture, whether physical or mental, cruel or inhuman treatment, outrages upon personal dignity, in particular humiliating and degrading treatment, corporal punishment, mutilations, medical or scientific experiments, rape and other forms of sexual violence, the taking of hostages, enforced disappearance and collective punishments;

7. Stresses the vital importance of providing all persons deprived of their liberty for reasons related to an armed conflict, whether detained or interned, with procedural safeguards aimed at ensuring that such detention or internment is lawful and does not amount to arbitrary deprivation of liberty, including a review of the basis and continued legality of the detention or internment by an independent and impartial body, without prejudice to the legal regime applicable to prisoners of war;

8. Reaffirms that all persons subject to arrest on a criminal charge and those on trial are entitled to a fair trial affording all essential judicial guarantees, including the presumption

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of innocence, trial by an independent, impartial and regularly constituted court, and necessary rights and means of defence; 9. Recognizes that additional, specific protections are provided under international humanitarian law to prisoners of war and other protected persons, such as civilian internees;

Humanitarian and Medical Assistance

10. Reaffirms the obligation of parties to an armed conflict, as well as third States, to grant humanitarian relief and relief workers rapid and unimpeded access to civilian populations in need, subject to and in accordance with international humanitarian law, including sovereign consent, and further reaffirms, in this regard, the obligation to respect and to protect humanitarian relief personnel; 11. Recalls the obligation to respect and to protect medical personnel, including Red Cross and Red Crescent workers, their means of transport, as well as medical establishments and other medical facilities at all times, in accordance with international humanitarian law, and recognizes the importance of medical personnel having access to any place where their medical services are required;

12. Stresses the obligation of all parties to an armed conflict to recognize and uphold the protective value of the distinctive emblems recognized by the Geneva Conventions and, where applicable, their Additional Protocols;

13. Deplores the misuse of medical establishments and other medical facilities and of the distinctive emblems to carry out military operations that place civilians, the wounded and sick, and medical personnel in danger;

Conduct of Hostilities

14. Reaffirms the principle of distinction between civilians and combatants and between civilian objects and military objectives as a cardinal principle of international humanitarian law strictly to be observed by all parties to armed conflict at all times, regardless of the motives underlying the armed conflict;

15. Reaffirms the prohibition of attacks directed at civilians or civilian objects, the prohibition of indiscriminate attacks, the principle of proportionality in attack, the obligation to take all feasible precautions in attack, as well as against the effects of attack, to protect and spare the civilian population, and the prohibition on using human shields;

16. Reaffirms the prohibition of acts or threats of violence, the primary purpose of which is to spread terror among the civilian population;

17. Reaffirms that the right of the parties to an armed conflict to choose methods and means of warfare is not unlimited and that it is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering;

18. Calls on all States to increase their efforts to strengthen the protection of civilians against the indiscriminate use and effects of weapons and munitions and recognizes, in this regard, the need to urgently address the humanitarian impact of explosive remnants of war and cluster munitions, including through rigorous application of existing rules of

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international humanitarian law and additional national and international actions that will minimize the harmful effects of these munitions on civilians, including assistance to victims; 19. Recalls the obligation as expressed in Additional Protocol I (Art. 36) to review the legality of new weapons, means and methods of warfare and urges all States to consider establishing specific review mechanisms to this effect; 20. Stresses that, in light of the obligation of States to respect and ensure respect for international humanitarian law, adequate measures to control the availability of arms and ammunition are required so that they do not end up in the hands of those who may be expected to use them to violate international humanitarian law;

Achieving Effective Implementation a. National Implementation

21. Recalls that the obligation to respect international humanitarian law cannot be fulfilled without domestic implementation of international obligations and therefore reiterates the need for States to adopt all the legislative, regulatory and practical measures that are necessary to incorporate international humanitarian law into domestic law and practice;

22. Emphasises, in this regard, the need to adopt such measures for the use and protection of the distinctive emblems, the repression of serious violations of international humanitarian law, the protection of cultural property, the regulation of means and methods of warfare and the protection of the rights of missing persons and their families, among others;

23. Acknowledges with satisfaction the effective role and increasing number of national committees and other bodies involved in advising and assisting national authorities in implementing, developing and spreading knowledge of international humanitarian law, and encourages States which have not yet established such a national committee or similar body to consider doing so;

b. Doctrine, Training and Education

24. Recalls that, in order to ensure respect for international humanitarian law in the conduct of military operations, it is essential that the law be translated into measures and mechanisms, at both the level of doctrine and procedures. It is equally important that armed forces personnel at all levels be properly trained in the application of international humanitarian law;

25. Stresses, in this regard, the responsibility of military commanders for the training of their personnel and for the orders they give to their subordinates, and recalls that it is essential therefore that commanders receive training commensurate with their responsibility; 26. Recalls the importance, to this end, of the availability within armed forces of legal advisers to advise commanders, at the appropriate level, on the application of international humanitarian law;

27. Reaffirms that it is equally important that the civilian population be educated about international humanitarian law and, in this regard, encourages States to intensify their

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efforts and, in particular, to adopt educational programmes for young people, such as the education modules Exploring Humanitarian Law, and encourages National Societies to increase their efforts to spread knowledge of international humanitarian law in all sectors of society;

c. Ending Impunity

28. Recognizes that while implementation, training and education are prerequisites for States to comply with their obligation to respect international humanitarian law, enforcement, in particular through the rigorous application of the system of individual responsibility for serious violations of international humanitarian law, is required to put an end to impunity and to encourage future respect;

29. Stresses, in this regard, that it is indispensable that all States create a domestic legal framework for the investigation of crimes under international law, in particular war crimes, and for the prosecution or extradition of persons suspected of having committed such crimes; 30. Underlines the importance of visible, predictable and effective sanctions, whether penal or disciplinary, in order to ensure respect for international humanitarian law and to deter future violations; 31. Urges States to make further progress in promoting accountability for the commission of crimes under international law by making domestic criminal justice more effective through, inter alia, assistance to States in developing the capacities of their domestic courts, by improving international judicial cooperation among States, as well as between States and international and "mixed" criminal courts and tribunals, by considering becoming party to the Statute of the International Criminal Court and by providing for jurisdiction over such crimes consistent with international law; 32. Encourages the use of fact-finding mechanisms, such as the International Fact-Finding Commission established under Article 90 of Additional Protocol I, in restoring respect for international humanitarian law; 33. Invites the ICRC, in furtherance of its previously reported efforts, to continue its reflection and work on improving compliance with international humanitarian law, and to include, where appropriate, an update in its reporting to the next International Conference on this issue; 34. Reminds States of the need to address victims' rights in accordance with international law;

35. Calls upon all Members of the Conference to take effective measures to implement this resolution.

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RESOLUTION 4

ADOPTION OF THE GUIDELINES FOR THE DOMESTIC FACILITATION AND REGULATION OF INTERNATIONAL DISASTER RELIEF AND INITIAL

RECOVERY ASSISTANCE

1. adopts the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance;

2. encourages States to make use of the Guidelines to strengthen their national legal, policy and institutional frameworks as well as when developing, if appropriate, bilateral and regional disaster assistance agreements, understanding that the Guidelines do not constitute binding legal obligations;

3. emphasizes that, with regard to Red Cross and Red Crescent disaster relief

and recovery activities, the Guidelines will be read consistent with the established rules, principles and practices of the Movement, including the Statutes of the International Red Cross and Red Crescent Movement as amended in 1995 and 2006, the Principles and Rules for Red Cross and Red Crescent Disaster Relief as amended in 1995, the “Seville Agreement” on the Organization of the International Activities of the Components of the International Red Cross and Red Crescent Movement of 1997, and the Supplementary Measures to Enhance the Implementation of the Seville Agreement of 2005, and will not affect any existing legal arrangements between the individual components of the Movement and concerned States;

4. invites States the International Federation and National Societies to bring

these Guidelines to the attention of international and regional inter-governmental and non-governmental organizations concerned with disaster relief and recovery assistance;

5. invites the International Federation and National Societies, in close

collaboration with the United Nations as well as other relevant international and regional organizations, to:

(i) disseminate and support the use of the Guidelines in strengthening

national legal, policy and institutional frameworks for disaster response;

(ii) promote the mainstreaming of the Guidelines in all relevant existing legal development and disaster management and risk reduction initiatives, particularly the strengthened International Strategy for Disaster Reduction (ISDR) system and its regional platforms for disaster risk reduction; and

(iii) continue their research and advocacy efforts, and the development of tools and models for the improvement of legal preparedness for disasters;

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6. invites the International Federation, in consultation with National Societies, to submit a progress report on the implementation of this resolution to the 31st International Conference of the Red Cross and Red Crescent.

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RESOLUTION 5

FOLLOW-UP TO THE IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING OF 28 NOVEMBER 2005

BETWEEN THE PALESTINE RED CRESCENT SOCIETY AND THE MAGEN DAVID ADOM IN ISRAEL

1. Endorses the Council of Delegates’ Resolution [CD/07/R2] of 24 November 2007 on the implementation of the MOU and the AOA between PRCS and MDA, and expresses its full support for the steps called for therein;

2. Supports the efforts by the Movement to strengthen monitoring, and in this regard

• Requests the ICRC and the IFRC to appoint an independent monitor, after

seeking the views of the two National Societies, who shall enjoy the institutional backing and support of the Movement;

• Invites interested National Societies to support the work of the independent

monitor in appropriate ways upon his request; 3. Encourages the MDA and the PRCS to enhance their cooperation to achieve full

implementation of the MOU consistent with the Statutes and all applicable Rules and Principles of the Movement;

4. Calls on all Authorities concerned to support the full implementation of the MOU;

5. Calls upon the independent monitor to report to the IFRC and the ICRC, for

appropriate follow-up, on the following two topics:

• Progress towards the full implementation of the MOU, and

• Steps taken to support and strengthen the monitoring of the implementation of the MOU, as well as to support cooperation between the two National Societies,

by 31 May 2008;

6. Decides to include the progress reports referred to above in the agenda of the 31st International Conference of the Red Cross and the Red Crescent.

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Appendix E

E: Highlights of Major Canadian Red Cross Domestic Emergency Management Responses–1917 to Present

2008: Propane Facility Explosion & Evacuation

• 100 homes declared unsafe • 20 volunteers registered 200 displaced persons with the Red

Cross Registration and Inquiry Service • Prepared and provided shelter for any displaced persons • Worked in cooperation with Toronto Humane Society in order

to make sure the clients with pets are safe and well; worked with Salvation Army, who delivered meals and City of Toronto’s Shelter Housing and Support

2008: New Brunswick Floods • Canadian Red Cross provided shelter to over 100 people; distributed kits containing water testing kits; information on applying to the Government of New Brunswick for Disaster Financial Assistance; and assisted residents whose homes were determined unsafe by city officials

• 100 volunteers from Atlantic Canada provided this assistance

2007: Gaspésie Floods • 496 people assisted in the relief and recovery phases of this response

• 4,790 volunteer hours • Over $200,000 were expended by the Society

2006: Mistissini (Québec) Fires

• More than 800 people assisted • 150 volunteers managed emergency shelters and offered

services

2006: Support to Canadians affected by the Lebanon Crisis

• assisted at Canadian airports • Quebec helped over 5,400 people • 10, 500 volunteer hours in Quebec alone

2005: Western Canada: Floods and Severe Weather

• Over 200 communities ravaged by flooding between June and August, 2005

• Canadian Red Cross staff and volunteers contributed over 11,000 hours in providing food, clothing, blankets, and lodging assistance, as well as clean-up and comfort kits, and registration and inquiry services

2004: Peterborough, Ontario: Floods

• over 4,500 home clean-up kits distributed • 1,200 volunteers worked for 7,600 hours on home assessments,

cleanup, etc

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2003: Nova Scotia: Hurricane Juan

• 27,000 people were assisted with emergency feeding, community outreach or other services

• 250 volunteers gave 4,400 hours of service

2003: British Columbia: Forest Fires

• 728 households assisted • $5.3 million raised • 750 volunteers provided 20,000 hours of support

2003 : Bois-Francs, Québec Floods • 150 families received emergency food, clothing, home clean up and repair

2003: Ontario: SARS Epidemic–Spring,

• 12,000 health kits delivered to quarantined homes • 13,000 volunteer hours

2003: Badger, Newfoundland: Flood

• 900 people assisted with lodging, clothing, feeding and personal services Over $2.3 million raised

• Over 35,000 volunteer hours

2001: New York City: Terrorist Attacks – September 11

• Provided assistance to 33,000 grounded air travel passengers • Over $27 million raised • 146 volunteers deployed to assist American Red Cross in New

York City • $2.3 million provided to affected families in Canada and

recovery workers in Canada and U.S.

1999: Trenton, Ontario: Temporary Safe-Haven for 5,000 Kosovar refugees

• 158,000 volunteer hours • 2,400 days Staff worked

1998: Nova Scotia: Crash of SwissAir Flight 111

• Over 1,000 people helped, including families of 229 deceased and local people affected by the disaster

• 255 volunteers and staff involved

1998: Ontario, Quebec and Atlantic Provinces: Ice Storm

• 334,000 people assisted $14 million raised • 3,300 volunteers and staff

1997: Manitoba: Flood • 30,000 evacuees assisted $26 million raised • 2,200 volunteers and staff

1996: Saguenay Region, Quebec: Flood

• 16,000 people supported by 1,600 volunteers and staff • $32 million raised

1990: Oka Crisis

• Delivered food, medicine & medical equipment to 3,600 civilians

• Registered 659 voluntarily evacuated people • 18 on-site assessments for newborns, pregnant women, elderly

etc., and 10 medical assistance missions

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1987: Edmonton Tornado • This storm was responsible for 25 deaths and more than 300 injuries

• Red Cross emergency centre was up and running within four hours of the storm

• 10,000 people registered with Tracing Services

1985: Barrie Tornado

• In cooperation with municipal officials and other agencies assisted 10,000 people through Registration and Inquiry Services

• Provided shelter and meals

1979: Mississauga Train Derailment

• North America’s largest evacuation up to that time • 25,000 people were evacuated from urban area • Red Cross was responsible for approximately 10% of evacuees

1956: Springhill Disaster • Red Cross provided assistance in Springhill and Halifax • Red Cross volunteers from New Brunswick and Prince Edward

Island dispensed medical aid

1954: Hurricane Hazel – Ontario • More than 12,000 individuals given emergency assistance • Over $59,000 was allocated to this emergency • Hundreds of Red Cross Volunteers distributed aid relief

1951: Tidal Wave in Newfoundland

• More than 600 people displaced to hospitals and schools • The Society provided assistance to over 931 individuals

1950: Red River Valley Floods

• Evacuated more than 5,500 people • Material aid provided to approximately 20,000 • 4,400 volunteers staffed disaster relief operations • Distributed more than half a million dollars in aid relief

supplies

1949: Noronic Disaster (American Cruise ship disaster in Toronto Harbour)

• The Society, working closely with the American National Red Cross, reached a milestone in medico-legal history in achieving positive identification of all but 3 of the 119 victims of this disaster

1939-1945: (W.W. II) • The Society organized the contribution of money and materials to a value of over 22 million dollars

• Provided comfort and relief to sick and wounded soldiers as well as 34,325 cases of supplies overseas.

1918: Influenza Epidemic

• 50,000 Canadians died • Affected 20% of the world’s population • Red Cross provided nursing care, supplies

1917: Halifax Explosion

• Explosion caused 196 deaths and 9,000 injured • 25,000 people were left homeless • The Nova Scotia Branch of the Society was comprised of

mostly women coordinated relief efforts, focused on delivering medical supplies to aid stations and hospitals

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Appendix F

F: Highlights of Canadian Red Cross International Emergency Management Responses–1996 to Present

China: Earthquake, May 2007

• Total funds received: $44.15 million contributed by individuals, corporations and Governments for relief efforts

• Delivered 7,250 urgently needed tents to survivors and supported the Government of Canada’s deployment of 700 additional tents.

• A Canadian Red Cross aid worker was deployed to lead the International Red Cross response, which included the mobilization of 100,000 tents.

Myanmar: Cyclone, May 2007

• Total Funds Received: $5.4 million contributed by individuals, corporations and governments for relief efforts.

• Canadian Red Cross deployed a logistics delegate to Myanmar to provide logistics support for the International Federation of Red Cross Red Crescent Societies’ relief operation, which has included the delivery of over 2,500 tonnes of emergency supplies to affected communities.

• 2,000 emergency shelter kits were coordinated by the Canadian Red Cross and sent by the Government on Canada.

Indonesia: Earthquake, May 2006

• Over $3 million contributed by individuals, corporations, and governments for relief efforts

• Sent 10,000 tarpaulins (plastic sheeting)

South Asia (Pakistan/Kashmir): Earthquake, October 2005

• $22.3 million contributed by individuals, corporations, and governments for relief efforts

• Deployed over 1,000 metric tons of relief goods from Canadian Red Cross; and an additional 100 metric tons from CIDA

Southern United States: Hurricanes Katrina, Rita and Wilma, August-October 2005

• Over $31 million contributed to the Canadian Red Cross • 238 Canadians have now assisted the American Red Cross

relief efforts in Louisiana, Alabama, Texas and other states affected by Hurricanes Katrina, Rita and Wilma

Southeast Asia: Tsunami, December 2004

• Over one million kilograms of relief items sent to affected regions within the first three months

• Over $350 million received in donations, including $132 million in matching funds from the federal government

• Deployed over 90 delegates to work in the areas of health, nursing, disaster preparedness, construction, engineering, water and sanitation, finance and logistics

• Canadian Red Cross continues to support the daily humanitarian needs and long-term recovery of affected communities, through financial aid, reconstruction and development programs, and deployment of delegates

• Canadian Red Cross is committed to working in the area until

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recovery is complete, which is expected to take up to 10 years

Caribbean/Southern United States: Hurricane Ivan and Tropical Storm Jeanne, September 2004

• Sent 50 metric tons of relief goods including plastic sheeting, generators and water cans to Jamaica, Grenada and Haiti

• Deployed 102 volunteers to assist the American Red Cross in Florida and Alabama

Bam, Iran: Earthquake, December 2003

• Sent an airbus containing generators, tents, plastic sheeting, etc., dispatched within 48 hours

• $2.6 million raised

Central America (El Salvador): Earthquake, January 2001

• 27 metric tonnes of relief goods sent to El Salvador by Rapid Response Unit

• 2 military Hercules aircraft left with supplies within 48 hours

Southern Africa: Floods, March 2000

• 2 airbuses with plastic sheeting, jerry cans, chlorine packs dispatched to Mozambique

• $1 million raised

Balkans: Operation Parasol/Conflict Spring/Summer 1999

• Refugees from Kosovo evacuated to Canada • Support, comfort and aid provided to 5,051 refugees on seven

Canadian Forces Bases • $5.5 million raised • 4,400 volunteers involved

Turkey: Earthquakes, August and November 1999

• $4 million raised

Central America: Hurricane Mitch, October 1998

• Coordinated relief supplies from 31 Canadian organizations • 20 flights carrying over one million pounds of relief goods sent

to Central America • $10 million raised

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Appendix G

G: Canadian Red Cross International Operations: Strategy

and Relations with the Government Review of Value Added of international efforts of the Canadian Red Cross Society/CRCS to the Government of Canada EXECUTIVE SUMMARY This report outlines a possible strategy for international operations, and proposes actions to enable CRCS to establish a renewed partnership with government in future. CRCS overall context and growth of international operations in recent years The report begins with an overview of CRCS noting that it exists in a competitive environment, with many NGOs. It has a strong reputation, especially as an organization helping the people affected by disaster in Canada and abroad. It has a well-established relationship with government at federal and provincial level and has invested in the “Auxiliary to Government” (ATG) project with a view to strengthening this relationship. CRCS international operations have grown significantly in recent years. They include disaster and development operations and are carried out through support to multilateral programmes of the ICRC and Federation as well as and bilateral programmes run by CRCS directly with other national societies. International operations have grown as a quite separate operating entity within the CRCS, dependent entirely on project financing and with limited relationships with the Zones. The tsunami was a defining event, challenging international operations to grow fast enough to implement the ambitious plans for using the large resources that became available. There were achievements but also delays in project management and reporting which lead to criticism from government in 2007. CRCS has however invested in improving its operational capacity and rebuilding its relations with CIDA, and this has rebuilt confidence with the CIDA Humanitarian Assistance staff at the operating level. International operations have also expanded in the development sector, including particularly with the malaria programme and capacity building programmes in Africa. Three draft strategies covering emergencies, health and development have been prepared. All are useful documents, which need finalization and integration into an overall international operations strategy – a process which the present report will hopefully facilitate.

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CRCS has an unusually strong capacity in the broadly defined “protection” area - in Canada and internationally. This includes IHL, promotion of humanitarian values, restoring family links, monitoring of detained migrants, the RespectED programme and work to create safe working environments. ICRC and Federation perspectives The ICRC and the Federation both value the contributions of CRCS to the life and work of the movement and to international operations. The quality of the delegates provided by Canadian Red Cross is particularly valued. In addition ICRC and Federation value different aspects of CRCS programme capacities that are particularly relevant to their mandates and draw on CRCS in relation to these. The “CRCS/ICRC cooperation project” which was the subject of a study and report in 2007 is interesting and worth finalizing – particularly in the context of the society’s intention to strengthen its relations with government. Current relations with government and others The Auxiliary to Government (ATG) project is important and should provide the framework for CRCS relations with government, for all parts of the Society - including international. Government policy on international cooperation includes several points which resonate with Red Cross policy and priorities and provide a basis for cooperation. Overall government has a positive perception of the Red Cross. There are however points of concern mentioned in informal conversation by some. These include: a perceived lack of focus; taking on too much; and providing insufficient information and public communication on its actions and the role of government in supporting these. There are also many points of positive appreciation of the Red Cross nationally and internationally. There are ways in which CRCS can improve its interactions with government, making them more purposeful, more results-focused and with better follow-up. CRCS should develop a reciprocal relationship with government, offering assistance as well as requesting support. Greater ability to engage in policy work on humanitarian issues is an area where CRCS capacity to work with government should be strengthened. Follow-up to the joint CRCS/Government pledges of the last International Conference of the Red Cross Red Crescent is an area of potential cooperation. CRCS should also be more attentive to its relations with NGOs – both because they are important in their own right and because they indirectly affect CRCS reputation with government.

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Experience of other National Societies in developing their relations with government Almost all the participating societies that were invited to share their experience of building relations with their own governments were happy to do so and provided valuable insights. Conversations with them also highlighted some more general concerns, including one about the overall impact of more and more participating societies developing operating capacity and bilateral programmes. National societies have the impression that their governments see their added value in a range of general qualities, including that of being a reliable, competent and trustworthy partner with a strong volunteer base and a national and international network for operations. Other characteristics that were particularly mentioned as being valued included, for example, the ability to debate policy with government from well founded positions, the national society role in building civil society and the ability to take on challenging humanitarian actions in politically charged environments. National society experience also provides the basis for a guide to the process of building relations with government. Some important points include: defining the relationship to be of mutual benefit; building high-quality relations; good internal organization for the relationship; advocacy in areas of Red Cross competence; alertness to respond to public and political events from the Red Cross perspective; and ways to make the relationship practical. The future – risks, vulnerabilities and response Recent work at the national and international level has identified a number of trends which Red Cross – and governments – should address in their humanitarian programmes. These include the impact of climate change, international migration, violence (in particular in urban settings), emerging diseases and other public health challenges. CRCS is complementing this with more specific work (currently under way) on vulnerability and capacity analysis for Africa and the Americas. CRCS has programming strengths, at the national and/or international level on which to build its response to these needs. These include disaster response and recovery, risk reduction, health, protection, and capacity building. CRCS international capacity should include both an operational and a policy/advocacy dimension. The future – perspectives for international cooperation The network of national societies is a big asset for international cooperation. There has been innovative work in recent years to develop programmes on a significant scale that respond to health challenges as well as disaster and conflict. There is potential to grow these, enabling national societies and the Federation to jointly realize more of their potential for responding to humanitarian needs.

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However the challenges of coordination within a large and complex Movement are great and need concerted efforts. Without this, the risk of increasing participating national society capacity is that there are too many actors and that they are too expensive - and not coherent or effective in assisting internationally through operating national societies. As an explicit part of its international operations strategy CRCS should play an active role to support efforts to realize the potential of the Movement, and to contribute to the development of coherent and effective action by the different components. The future - Organizational perspectives Developing a new international operations strategy and strengthening relations with government for international work will have a number of organizational implications. These include strengthening the policy capacity of the international team in core areas, including disaster response and risk reduction, health and capacity building, and possibly protection. The international operations team needs to strengthen its cooperation with the Movement relations function at headquarters and, more generally, with other programmes at headquarters. It also needs to adjust its staffing and working processes in order to strengthen its relationships and cooperation with the Zones. The international operations team currently covers both programme functions and support functions in areas such as logistics, finance, human resources, and public relations. It may be timely to consider over the next year or two whether some of the support functions should be more integrated with the headquarters support functions. The emerging strategy for international operations Four options are outlined for the future of international operations, representing different levels of ambition (paradigm shift, the progressive development, consolidation, retrenchment). Key elements for the substance of the international operations strategy, drawing on previous work by others in the CRCS and the current study, are outlined. These emphasize the importance of a better integration with the Canadian Red Cross as a whole, an overarching focus on emergencies and risk reduction, capacity building, movement coherence, learning partnerships, a human resources focus, and influencing and advocating. To resource the strategy, CRCS needs to build further on already strong relations and existing mechanisms for cooperation with government on emergencies. With regard to development, there is a need to invest in developing understanding in government of the case for RC involvement in this sector. This needs to be done before making specific efforts to secure resources for specific programmes from the bilateral section of CIDA.

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International operations should work more closely with the society’s fund development teams. A proportion of the resources received from the public should be allocated to international - both to recognize probable donor intent and to strengthen CRCS position in its negotiations with the government for support to international programmes.

Developing the relationship with government To build a strengthened partnership with government CRCS will need a coherent overall approach. Eight elements of such an approach are outlined, beginning with coherence and clarity of purpose. The CRCS international operations strategy that is proposed is well aligned with the orientation of the government of Canada to international relations on a number of key points. These are highlighted and should feature in presentation of the strategy, and its added value to government. In addition CRCS should involve government in reflecting on the long-term ambitions of the strategy and contributing to their inputs to its further development. A number of specific events that can help to focus implementation of the strategy and the strengthening of relations with government are highlighted. These include the preparation of the CRCS Strategy 2010 to 2015, the CRCS Centenary and work on the pledges from the International RCRC Conference of 2007 and preparation for the conference of 2011. Recommendations The review concludes recommendations under five main headings

o Decide the level of ambition for the future of international operations o Finalize the overall international strategy, as a basis for operations and the

development of relations with government o Mobilize resources for the international strategy through CRCS own fund

development as well as through partnership with government o Develop the current positive but loosely structured relationship with government,

to the benefit of both the Red Cross and government o Develop the relationship with government over the long-term building towards

specific milestones

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