National Red Cross and Red Crescent Societies: Humanitarian Partner of Choice for Commonwealth States

Abstract

The International Red Cross and Red Crescent Movement consists of three components, each with its own specific legal status and role. National Societies have a unique position as auxiliaries to the public authorities of their respective countries in the humanitarian field. The Commonwealth and the Movement share common values and concerns. More could be done, both nationally and within the Commonwealth, to strengthen links and co‐operation. Commonwealth Governments may find it to their benefit to make greater use of their National Societies.

Notes

1 For differing reasons, four Commonwealth States do not yet have recognised National Societies: Cyprus, Maldives, Nauru and Tuvalu. National Societies must fulfil strict conditions in order to achieve recognition by the International Committee of the Red Cross (ICRC) and obtain admission to membership of the International Federation of Red Cross and Red Crescent Societies (Federation). The ten conditions for recognition by the ICRC are set out in Article 4 of the Statutes of the International Red Cross and Red Crescent Movement 1986; the requirements for admission to membership of the Federation are contained in Article 7 of the Constitution of the Federation and Rule 2 of the Federation’s Rules of Procedure, both dated 2007. One looks forward to the day when all Commonwealth States have a recognised National Society.

2 The seven Fundamental Principles of the Movement are Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality, each defined in a particular way (for the texts, see the Preamble to the Statutes of the Movement 1986).

3 The four Geneva Conventions for the Protection of War Victims of 12 August 1949. Their texts may be found in 75 UNTS (1950) 31–417 and on the ICRC website: www.icrc.org.

4 Statutes of the ICRC 2003, Articles 7 and 9(2); also see the Movement’s Statutes, Article 5(1). The ICRC’s website has both texts.

5 For detail on the Federation’s functions, please see the Federation’s Constitution 2007, Article 5 (the text can be found on the Federation’s website, www.ifrc.org); also see the Movement’s Statutes, Article 6(4).

6 UNGA Resolution 49/2 dated 27 October 1994, preambular paragraph 1.

7 Examples are the Brunei Red Crescent Society (Incorporation Act) 1983, Ghana Red Cross Society Act 1958, Jamaica Red Cross Society Act 1964, Kenya Red Cross Society Act 1965, Malta Red Cross Society Act 1992, Singapore Red Cross Society (Incorporation) Act 1973, South African Red Cross Society and Legal Protection of Certain Emblems Act 2007, and the Tonga Red Cross Society Act 1972.

8 30th International Conference of the Red Cross and Red Crescent (Geneva 2007), Resolution 2: ‘The specific nature of the International 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’, operative paragraph 3. A number of the statements which follow are based on this significant resolution; most Commonwealth States participated in its adoption by consensus.

9 These guidelines are annexed to Resolution 4: ‘Adoption of the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance’, 30th International Conference of the Red Cross and Red Crescent (Geneva 2007).

10 Examples are Australia, India, Kiribati, Malaysia, New Zealand, Nigeria, Papua New Guinea, the Seychelles, Singapore, the United Kingdom, Vanuatu and Zimbabwe.

11 As illustrations, Canada protects the emblem under its Trade Marks Act 1952 (as amended) and Uganda does so through its Penal Code (Exclusive Use of the Red Cross and Red Crescent Emblems) Order 1993. The National Society Acts in, for example, Antigua and Barbuda, Botswana, Brunei Darussalam, Saint Kitts and Nevis, Tonga and Zambia also regulate use of the emblem. It should be noted that the mere existence of emblem legislation does not ensure the fulfilment of a State’s obligations, some legislation being out‐dated or inadequate in other respects. Advice can be obtained from the ICRC’s Advisory Service on International Humanitarian Law: [email protected].

12 The most recent example is the Communiqué of the Commonwealth Law Ministers Meeting held in Edinburgh in July 2008 (numbered paragraph 50(a)).

13 Statutes of the Movement, Article 2(2); United Nations General Assembly Resolution 55 (I) of 19 November 1946, and later resolutions of International Conferences of the Red Cross and Red Crescent.