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| Basic Operating Guidelines |
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Introduction
A 7 January 2004 text entitled, "United Nations Agencies
Guiding Principles", presents general principles that
underpin the work of United Nations (UN) staff and associated
personnel in Nepal and elsewhere in the world. These guiding
principles are enshrined in international humanitarian,
human rights and refugee law as well as various conventions
and resolutions adopted by the Member States of the United
Nations.
The present text enumerates a number of basic operating
guidelines for use by UN Agency staff and associated personnel
in Nepal. These basic operating guidelines derive directly
from the general principles and, consequently, are based
on the same internationally recognised laws, conventions
and resolutions.
A copy of the guiding principles text is attached and
should be read and studied in conjunction with the present
document.
Finally, both texts -- on the guiding principles and the
basic operating guidelines, respectively -- are public
documents and may be shared with Government, intergovernmental,
non-governmental, and non-State entity representatives
and staff as well as other groups and individuals that
do or could work in partnership with United Nations Agencies
in their development and humanitarian assistance programmes
and activities in Nepal.
Basic Operating
Guidelines
UN Agencies:
- do not make contributions outside UN programme objectives
-- whether in supplies, materials, commodities, equipment
or payments -- to political parties, military, para-military
or other armed groups or individuals associated with
such groups.
- seek to recruit a diverse staff and associated personnel
and do this on the basis of their professional qualifications
and suitability alone. The UN does not discriminate
against any person on the basis of race, colour, sex,
language, religion, political or other opinion, national
or social origin, property, birth or other status.
In the performance of their professional duties and
responsibilities, UN staff and associated personnel
only report to and receive instructions from duly
designated UN personnel.
- do not tolerate the theft, diversion or misuse of
development and humanitarian assistance resources
-- whether in the form of supplies, materials, commodities,
equipment, cash or technical assistance -- provided
or otherwise mobilised by United Nations Agencies
for use in development and humanitarian assistance
programmes and activities, including the use of such
resources by other groups and entities with which
UN Agencies work in partnership in such programmes
and activities.
- prohibit the transportation of armed groups or individuals
in or by means of vehicles or any other transportation
equipment owned and operated directly by UN Agencies
or by third parties under loan or other contractual
agreements with UN Agencies. This "NO ARMS ON BOARD"
policy applies to the conveyance of military and para-military
personnel and other comparable armed or uniformed
groups and individuals and/or resources belo nging
to or for use by such personnel, groups and individuals.
- are to have free and unhindered access to civilian
populations in need, including the transportation,
distribution and end-use monitoring of development
and humanitarian assistance resources, and to working
conditions that ensure the safety, security and protection
of UN staff and associated personnel. In this connection,
UN Agencies will not tolerate any act of physical
or verbal abuse, intimation, threat, harassment or
other form of coercion, violence or aggression directed
against their staff and associated personnel, whether
internationally or locally recruited.
- work in premises that are inviolable. The property
and assets of UN Agencies, wherever located and by
whomsoever held, are immune from search, requisition,
confiscation, expropriation and other form of interference,
whether by executive, administrative, judicial or
legislative action. Such property and assets also
include telecommunications equipment and UN personal
identity documentation.
- emphasize that the non -respect or violation of
any of the above basic operating guidelines could
occasion negative consequences for the continuance
of development and humanitarian assistance programmes
and activities including a suspension or cessation
of assistance, the exact nature and scope of which
would be determined after consultation with the parties
or individuals involved and affected as well as their
duly designated representatives.
- encourage all programme partners to adhere to the
principles and recognised standards applicable to
development and humanitarian assistance programmes
as embodied in: international humanitarian, human
rights and refugee law; related conventions and resolutions
adopted by the Member States of the United Nations;
and with specific respect to humanitarian assistance
programmes, internationally recognised codes of conduct
such as the "Code of Conduct for the International
Red Cross and Red Crescent Movement and NGOs (non-governmental
organizations) in Disaster Relief" and the Sphere
Project "Humanitarian Charter and Minimum Standards
in Disaster Response."
- are mindful that in the case of armed conflict not
of an international character, the parties to the
conflict shall be bound to apply, as a minimum under
international humanitarian law, provisions whereby:
i) persons taking no active part in hostilities, including
members of the armed forces who have laid down their
arms and those placed "hors de combat" ("out of action")
by sickness, wounds, detention or any other cause,
shall in all circumstances be treated humanely, without
any adverse distinction founded on race, colour, religion
or faith, sex, birth or wealth, or any other similar
criteria; ii) the wounded and sick shall be collected
and cared for.
United Nations
Kathmandu, Nepal
16 January 2004
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