Sources of MRCS legal base • Art 26 Geneva Convention I 1949 • Sec 55(1) of UN General Assembly Resolution of 19th February 1946 – creation of the National Societies • Resolutions of the International Conference of the RCRC Movement • Pledges made during the International Conference of the RCRC Movement • Seven Fundamental Principles • Strategy 2020 • Geneva Convention Act 1962 (Act 512) • MRCS Incorporation Act 1965 (Act 540) • MRCS Change of Name Act 1975 (Act 162) • MRCS Incorporation Rules 2016 • MRCS Policies • MRCS Handbooks • Directive 18, 20 & 21
Sources of legal mandate for RCRC Movement • GC 1 – Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field of 12th August 1949. • Art 26 – The staff of the National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorizedby their governments, who may be employed on the same duties as the personnel named in Art 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations. • Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibilities, to render assistance to the regular medical service of its armed forces. • Art 24 – Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances.
Sources of legal mandate for RCRC Movement Section 55(1) UN General Assembly Resolution of 19th February 1946 • The General Assembly draws the attention of the Member of the United Nations to the fact that the following purposes are of special concern, namely: • (a)That the said Members should encourage and promote the establishment and co-operation of duly authorized voluntary National Red Cross and Red Crescent Societies: • (b) That at all times the independent voluntary nature of the National Red Cross and Red Crescent Societies be respected in all circumstances, provided they are recognized by their Governments and carry on their work according to the principles of the Geneva and The Hague Conventions and in the humanitarian spirits of the Red Cross and Red Crescent: • (c ) That the necessary steps be taken to ensure that in all circumstances contact may be maintained between the National Red Cross and Red Crescent Societies of all countries, so as to enable them to carry out their humanitarian task. Fourty-ninth plenary meeting , 19th November 1946
Statutes of the International Red Cross Red Crescent Movement: • Resolutions & recommendations of the Geneva International Conference of 1863 • Statutes of the International Red Cross and Red Crescent Movement • Rules of Procedure of the International RCRC Movement • Statutes of the ICRC • Constitution of the IFRC • Rules of Procedure of the IFRC • Section 1: Agreement on the organization of the international activities of the components of the International RCRC movement • Section II: Supplementary measures to enhance the implementation of the Seville Agreement. • Rules of Procedure of the Standing Commission of the RCRC • Regulations on the use of the emblem of the RCRC by the National Societies • The principles & rules for the RCRC Disaster Relief
Statutes of the International Red Cross Red Crescent Movement: Art 3: National RCRC Societies • The NS form the basis units and constitute a vital force of the Movement. They carry out their humanitarian activities in conformity with their own statutes and national legislation ……. In accordance to the Fundamental Principles. The NS support the public authorities in their humanitarian tasks, according to the needs of the people …” • Within their own countries …….. • Internationally, NS ……..
Statutes of the International Red Cross Red Crescent Movement: Art 4: Conditions for recognition of National Societies In order to be recognised …….as a National Society, the Society shall meet the following conditions: • Be constituted on the territory of an independent State where the Geneva Convention …..Is in force • Be the only National RCRC Society of the said State …. • Be duly recognised by the legal government of the country …..as a voluntary aid society, auxiliary to the public authorities in the humanitarian field • Have an autonomous status which allows it to operate in conformity with the Fundamental Principles ……
Statutes of the International Red Cross Red Crescent Movement: Art 4: Conditions for recognition of National Societies • Use a name and distinctive emblem in conformity with the Geneva Conventions and their Additional Protocols • Be so organised ……fulfill the tasks defined in its own statutes including the preparation in peace time for its statutory tasks in case of armed conflict. • Extend its activities to the entire territory of the State
Statutes of the International Red Cross Red Crescent Movement: Art 4: Conditions for recognition of National Societies • Recruit its voluntary members and staff without consideration of race, sex, class, religion or political opinions • Adhere to the present statutes …. • Respect the Fundamental Principles and guided …..by the principles of IHL
Sources of legal mandate for RCRC Movement Resolutions of the International Conference of the RCRC Movement • Strengthening movement coordination and cooperation (SMCC) • Movement wide-vision and principles for resource mobilization • Protection and responding to the needs of vulnerable migrants • Working towards the elimination of nuclear weapons • Education in situations of armed conflicts, disasters and emergencies • Health and well-being • RFL strategy development • International humanitarian law
Sources of legal mandate for RCRC Movement PLEDGES MADE BY MALAYSIAN RED CRESCENT DURING THE RED CROSS AND RED CRESCENT 32nd INTERNATIONAL CONFERENCE OF 2015 DISASTER LAW • The Malaysian Red Crescent Society as an auxiliary to the Malaysiangovernment agree to cooperate in reviewing and strengthening the domestic laws and procedures for disaster risk management. This include the utilisation of the International Disaster and Response Law (IDRL) Guidelines and Checklist on Law and Disaster Risk Reduction SEXUAL AND GENDER BASED VIOLENCE • The Malaysian Red Crescent Society as an auxiliary to the Malaysiangovernment pledge to raise awareness and take action to prevent sexual and gender based violence in times of disasters, emergencies and armed conflicts
Sources of legal mandate for RCRC Movement PLEDGES MADE BY MALAYSIAN RED CRESCENT DURING THE RED CROSS AND RED CRESCENT 32nd INTERNATIONAL CONFERENCE OF 2015 HEALTH CARE IN DANGER • The Malaysian Red Crescent Society as an auxiliary to the Malaysiangovernment undertake to improve the security of delivery and access of health care by enhancing the understanding of the rights and responsibilities of health care personnel and the principles underlying ethical principles of health care through the provision of appropriate training for health care personnel and where necessary, armed forces and security forces, the judiciary, civil servants, academia, the media and civil society. • The Malaysian Red Crescent Society shall also promote the protection and the usage of the distinctive emblems and take appropriate measures to promote a broad understanding and appropriate use of these emblems