(PROJECT)

The text that the Paris conference of humanitarian NGOs gave to the International Bureau of Humanitarian NGOs produced at the end of the Conference to maintain the contacts with NGOs and IGOs before submitting it to the institutions of the United Nations.

Preamble

- Considering the importance for the respect of the goals and principles of the Charter of the United Nations for the reinforcement and the protection of peace and international security, and their close relationship with the respect of all human rights in any circumstance;

-Pointing out the eminent role of States in the encouragement and the protection of humanitarian and benevolent actions;

-Recognizing the right and responsibility of people, associations and leagues in expanding aid and benevolent actions to alleviate human suffering, to avoid recourse to violence and to consolidate human solidarity and the fabric of society;

-Recognizing that the form of volunteer actions in the field of humanitarian, benevolent and development work is a priority in the context of contemporary civil society;

-Considering the growing number of organizations, institutions and entities dedicated to organized volunteer work;

-Noticing the absence of clear rules corresponding to the rights and responsibilities of organizations and NGOs  (and their members and staff) in the fields of humanitarian, volunteer and development work, as well as the injustices and abuses to which these organization have been the victims;

-Considering the Universal Declaration of Human Right, the International Covenant on Civil and Political Rights, the International Covenant on Social, Economic and Cultural Rights, and international humanitarian law resulting from conventions concerning vulnerable groups, in particular minorities, and international treaties as well as the applicable international norms;

-Taking into account the different UN decisions on the subject,

The representatives and delegates of volunteer, humanitarian and development NGOs met in Paris on January 9th and 10th 2003, and have adopted the present Declaration concerning the rights and obligations of the large number of organizations, members of associations and institutions dedicated to work in the fields of humanitarian and development work, requesting the adoption of this official Declaration by the General Assembly of the United Nations.

Article 1:  At the ends of the present Declaration, the terms “voluntary activities of goodwill and humanitarian aid” apply to all activities of aid, emergency assistance, help, solidarity, protection and development for individuals or groups requiring aid and assistance, in particular the victims of natural disasters or social, economic or political crises as well as victims of exceptional circumstances or an attack against fundamental human rights which guarantee human dignity and physical and mental integrity.

Voluntary activity is defined as the fact of wanting to do something without compensation, for the benefit of others under the following conditions:

1. -That the voluntary activity is not contrary with the spirit and the rule of international law and is in conformity with the rules and laws governing the said activity in the host country (country of intervention) or seat of the organization and its branches, as long as these laws do not contradict international law,

2.  -that this activity does not contradict international security and peace,

3.  -that this activity provides humanitarian or development services or helps safeguards the environment

4.  - that this activity is not aimed at the production of any financial benefit.

Article 2: The present declaration recognizes and adopts the fundamental rights to life, liberty and physical and mental integrity, to work, and to freedom of conscience, to thought, expression, association, to participation in work for peaceful association, to freedom of movement and freedom from displacement, as to participation in public affairs, as much national as international, as these rights and freedoms are consecrated by the Universal Declaration of Human Rights.

Article 3: These organizations have the right, while fully respecting the applicable laws and rules, to supremely decide their financial policies as well as their activity programs transparently. As long as they observe scrupulously the condition enumerated within First Article of this Declaration, it is forbidden to seize or freeze their funds and assets, or to dispossess them of property or goods legally in their possession.

Article 4: These organizations have the right to establish branches and offices, as well as to designate local representatives in the countries of their activities, in collaboration with official authorities in charge of the facilitating the pertinent procedures.

Article 5: These organizations have the right to make honest investments in order to ensure and to improve the financing of their activities.

Article 6: These organization must be authorized, in exemption of all tariffs, duties, and taxes, to import or to export in the countries of their activities, the goods and products necessary for their projects, such as foodstuffs, drugs, tents, clothes, equipment and material intended for local development, manufacturing, industry or agriculture.

Article 7: The humanitarian organizations of volunteers, goodwill, and development, as well as their active members must take into account and respect the cultural specificities and the various needs of the populations with whom they are in contact regarding the need for their voluntary activities.

Article 8: The humanitarian organizations of volunteers, goodwill, and development must not be held responsible, nor can they support, the outcomes of individual illegal activity perpetrated by one of their members or occasional partners done without the knowledge of these organizations.

Article 9: These organizations and their members on a purely individual basis have the right to resort to local or foreign jurisdiction in the face of damaging behavior of an unspecified nature.  The jurisdiction in question must therefore take into account this present Declaration, as well as international law concerning the matter.  

Article 10: All people of adult age have the right to take part in humanitarian and goodwill activities without discriminatory pressure or prohibition. It will then be their duty to witness the violations of human rights as well as international humanitarian laws.

Article 11: A member of a humanitarian or goodwill voluntary organization is only subject to ; either when he acts individually or collectively in the framework of present Declaration; the principles, rules and obligations which are legally in conformity with the conventions and international treaties, and which ensure the respect of rights and duties of other, like that of law and public order.

Article 12: No one can be deprived of the right to be involved in humanitarian activity because of their ethnic group, color, sex, language, religion, conviction or opinion, nationality, social status or wealth, country or because of any other discriminatory criterion.

Article 13: Members acting voluntarily in the field of humanitarian, goodwill and development have freedom of movement and freedom from displacement in the countries of their activities, in accordance with the needs of these activities.

Within humanitarian and goodwill NGOs, paid members and consultants have the right to equal treatment without discrimination due to nationality, sex, religion, color or any other discriminatory criterion.

Article 14: The States undertake to support the social, economic and political conditions, and by some measure the adequate legislative conditions, in order to allow people and organizations to benefit.

Article 15: The States are responsible for the dissemination and promotion of the understanding of the benefit of humanitarian and goodwill work, particularly in the education and teaching programs at all levels, like those of information, of culture and of communication. The methods and programs should show the importance of these solidarity activities, as well as the importance of knowledge, love of one another, and their beneficial effects to society.

Article 16: The State must, within the limits of possibility, provide moral and material support to the voluntary humanitarian activities and must support organizations that wish to finance their operations through local activity.

Article 17: Each State must protect the organizations and the individuals involved in humanitarian activities from any aggression or obstacle from doing their work. It must deal with these behaviors in accordance with international covenants and agreements to which it belongs, including the decision of the General Assembly n° 217/56 dated 17/02/2002.

Article 18: The accusations from humanitarian voluntary organizations or from their active members of extremism, of racism, of terrorism, or of discrimination must be prohibited, and all political or security measures, arrests, public slander, office closures, and seizure of goods and property aimed at these organizations must be prohibited, when these organizations are acting within the framework of the First Article of this present Declaration, and without formal and marked proof of a final culpability judgment, given by a sitting court and decided in fairness according to internationally accepted norms.

Paris 10/01/2003

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