Legal Action WorldWide is an independent non-profit organisation comprised of human rights lawyers and jurists working in fragile and conflict affected areas. With this report, they investigate the challenges and barriers faced by aid workers in seeking justice for attacks.
(Find the link of the report here)
Unprecedented Rise in Aid Worker Fatalities
In 2023, aid worker fatalities reached double the number recorded in 2022, and projections for 2024 suggest an unprecedented and horrific record high. Despite ten UN Security Council resolutions urging states to ensure accountability for unlawful killings of aid workers, impunity remains widespread. Access to justice and accountability is crucial for combatting impunity and enhancing civilian protection. However, barriers exist that impact aid workers differently based on their country of origin.
Legal Action Worldwide’s 2022 Initiative: Advancing Justice for Aid Workers
With support from the French Ministry of Foreign Affairs, LAW launched a project in 2022 to help humanitarian organizations and aid workers obtain justice and accountability for violence against them. This report investigates two main questions:
- What prevents aid workers, particularly national staff and NGOs, from seeking justice and holding perpetrators accountable?
- What actions can support aid workers in overcoming these barriers to access justice and accountability?
Methodology and Key Findings
LAW utilized a mixed-method approach, emphasizing qualitative data from various sources. The research involved reviewing 24 reports and guidelines, conducting an anonymous online survey of 28 aid workers, interviewing 73 individuals from national and international NGOs, donors, and UN agencies, consulting six NGO coordination mechanisms, and holding two roundtables with 26 experts.
Survey Insights
The survey revealed that 81% of respondents or their colleagues had been victims of violence, and 83% wanted legal advice. However, only 18% had received legal assistance from their organizations.
Key Barriers to Seeking Justice
- Lack of Legal Information and Assistance: Aid workers frequently lack access to legal information or support. NGO management often receives minimal guidance on providing legal assistance, and expertise in this area is frequently unavailable. Unlike other forms of support, legal assistance is often absent or handled informally. Aid workers struggle to understand which legal frameworks protect them and how to pursue justice effectively.
- Perceived Difficulty and Risk: Pursuing justice is perceived as too challenging, costly, and risky. Operating in complex environments, aid workers are discouraged by corruption, lengthy legal processes, and high expenses. Concerns about inadequate protections for victims and witnesses, along with fears of reprisals from perpetrators or local authorities, further discourage engagement with formal justice systems.
- Responsibility Imbalance: There is a strong belief that organizations, rather than perpetrators, are responsible for incidents affecting their staff. This perception leads to organizations being expected to compensate staff without addressing the accountability of perpetrators. National staff members often normalize violence, leading to a lack of perceived legitimacy to pursue legal action.
- Fear of Losing Access and Funding: Initiating legal proceedings is feared to result in losing access to vulnerable populations and, consequently, funding. While donors support addressing impunity, they also require organizations to maintain reliable operations and on-ground access.
Legal Frameworks and Accountability
The report outlines applicable legal frameworks for aid worker protection, including international humanitarian law, international criminal law, international human rights law, and relevant domestic laws. It discusses how aid workers can leverage these frameworks to seek justice and accountability.
Conclusion
Despite the recognition of the need to address these crimes, humanitarian organizations and aid workers often do not view themselves as actively involved in combating impunity. The report details complex reasons for this stance but emphasizes that inaction is no longer an option as targeted attacks escalate. Participants in the research have proposed concrete actions to significantly enhance accountability for crimes against aid workers.