Icrc Headquarters Agreement
The agreement, signed at the headquarters of the Ministry of Foreign Affairs in Dhaka, formalizes and consolidates the comprehensive cooperation between Bangladesh and the ICRC that has existed since 2006. It also provides the ICRC with the benefits and immunities it needs to function. The amendment to the Headquarters Agreement also provided for the possibility of updating certain provisions and adapting the terminology used without changing the scope of the privileges and immunities granted to the ICRC. This is the case, for example. B of the VAT provision, since the 1993 agreement still referred to the `acquisition tax`. In 2019, Switzerland was the fourth largest donor. It provided CHF 80 million for the ICRC headquarters budget and CHF 74 million for its humanitarian operations worldwide. The Federal Department of Foreign Affairs shall be the Swiss authority responsible for the implementation of this Agreement. This Agreement may be terminated in writing by either Party with two years` notice. Rabat/Geneva (ICRC) – The Moroccan government and the International Committee of the Red Cross (ICRC) today signed an agreement that formalizes the ICRC`s relations with Morocco since the country`s independence. This final protocol amends a 1993 agreement establishing the legal status of the organisation in Switzerland. The changes mainly concern social security rules for staff and data protection. An agreement on status, and thus the immunity of the judiciary, means that ICRC staff can continue their work, with the ultimate goal of helping all those affected by conflict and violence without fear of prosecution.
Can you give some examples of how a status agreement helps the ICRC? Typically, a status contract includes specific privileges that help us conduct our operations efficiently. How does a status agreement help the ICRC carry out its activities? The ICRC and the Swiss authorities shall cooperate at all times to facilitate the proper administration of justice, to ensure compliance with police rules and to prevent any abuse of the privileges and immunities provided for in this Agreement. The 1993 Headquarters Agreementexternal link serves in particular to protect the independence of the ICRC. The organization respects its neutrality in order to be able to carry out its humanitarian work on both sides of a conflict. Yes, wherever the ICRC is or wants to be present, we are looking for an agreement on status. The ICRC`s presence is not necessarily linked to the existence of armed conflict or armed violence. For example, we can visit prisoners, work to disseminate international humanitarian law, or help authorities build their capacity to help people in other contexts. This Agreement shall enter into force on the date of its signature. To help us fulfil our mandate, the ICRC negotiates a “status agreement” (also known as the “headquarters agreement”) with the authorities of the countries in which we operate. Currently, we have privileges and immunities in 106 States. In the vast majority of cases, these are granted by status agreements. For example, the ICRC has privileges and immunities in Belgium, France, Switzerland and soon ireland.
The same goes for Australia, Russia, South Korea, South Africa and the United States. For example, an agreement would generally include an exemption from customs duties, duties and import and export charges when humanitarian goods are shipped from one country to another. This is essential to respond quickly to urgent humanitarian needs on the ground. In short, a status agreement allows us to work without compromising our fundamental principles or confidential approach to work. The status agreements give us some legal protection. For example, immunity from legal proceedings and protection of our premises, documents and data from access. The persons referred to in Article 11 of this Agreement shall not enjoy immunity from jurisdiction in the event of a civil liability claim against them for damage caused by a vehicle owned or driven by them, or in the event of a violation of the Federal Transport Code, which may be punishable by a fine. Wishing to determine the legal status of the Committee in Switzerland and to regulate its relationship in a headquarters agreement for this purpose, the Confederation recognizes the international legal personality and legal capacity of the ICRC in Switzerland within the framework of the 1993 Agreement and guarantees its independence and freedom of action.
It confers on the ICRC the immunities granted to international organisations based in Switzerland, but does not confer tax immunities on ICRC members and staff. Where does the ICRC have an agreement on status? The agreement was signed by Deputy Minister of Foreign Affairs and Cooperation Mbarka Bouaida and ICRC President Peter Maurer. We are very pleased with this agreement, which places our relations with the Kingdom of Morocco on an official basis,” Said Maurer. “This paves the way for further cooperation and dialogue with the authorities. “We have had a very productive exchange with the moroccan high-level authorities and hope that this agreement will provide a basis for joint activities that will benefit the population,” he added. The ICRC is an impartial, neutral and independent organization whose mission is exclusively humanitarian. Since its founding in 1863, it has given birth to the Geneva Conventions and the International Red Cross and Red Crescent Movement. The ICRC currently operates in more than 80 countries around the world.
The headquarters agreement guarantees the ICRC the privileges and immunities necessary to carry out its activities in accordance with its mandate and usual working procedures. For further information, please contact: Faten M`Tir, ICRC Tunis, Tel.: +216 25 336 200Thomas Glass, ICRC Geneva, Tel.: +41 22 730 31 49 or +41 79 244 64 05 Bern, 27.11.2020 – Federal Councillor Ignazio Cassis and ICRC President Peter Maurer have signed a protocol amending the agreement, which has regulated the ICRC`s status in Switzerland since 1993. The ICRC is the German government`s most important partner in the field of humanitarian aid and plays a key role in protecting victims of armed conflict and in the implementation of the Geneva Conventions. The new provisions aim to increase the ICRC`s independence and capacity to act. This legal agreement gives us some protection so that we can carry out our work efficiently and in accordance with our basic principles. On 19 March 1993, the Federal Council and the ICRC signed a “Headquarters Agreement” which defines the legal status of the organisation in Switzerland. Since then, the ICRC has undergone major changes, particularly with regard to the digitization of its activities and the composition and management of its human resources. The ICRC is facing new challenges in its activities around the world. The amendments to the Headquarters Agreement are aimed at strengthening the independence of the Organization and its ability to carry out its crucial tasks on behalf of the victims of armed conflict.
This means that we can carry out our activities when other aircraft are not available and the ICRC is perceived as a truly neutral and independent humanitarian actor. This results in the need to obtain adequate air traffic rights and to be exempted from landing or overflight charges. Do you need legal status in countries that are not affected by conflict? Switzerland assumes no international responsibility for the acts or omissions of the ICRC or its staff resulting from the ICRC`s activities on its territory. .