Value Proposition
The Legal Base capability secures the National Society’s unique legal status as an auxiliary to the public authorities in the humanitarian field. It is a core mechanism to secure access, protection, and operational facilities (such as customs/tax exemptions) necessary for the National Society to fulfill its mission with in line with the seven Fundamental Principles of the Movement.
Purpose & Strategic Importance
The purpose is to formally secure and leverage legal recognition to enhance the auxiliary role and humanitarian action in practice. It safeguards the Fundamental Principles, particularly Independence, by defining the National Society's relationship with the Public Authorities.
Scope
All activities related to establishing, strengthening, and communicating the National Society's legal framework, auxiliary status, and Emblem protection through law and policy.
Includes: Advocacy for strong Red Cross and Red Crescent Laws in line with Movement standards and recognition or strengthening of the auxiliary role of the National Society in relevant sectoral laws and policies (e.g. Disaster Risk Management, Climate, Health, Education etc.), negotiation of Memorandums of Understandings with Public Authorities.
Excludes: General legal advice unrelated to the core mandate (e.g., commercial contracts). Revision and development of National Society statutes and internal policies.
Process & Key Activities
The capability is executed through the following key activities:
- Establishing a Robust RC Law (Advocating for alignment with Movement standards such as the Model Law);
- Strengthening the Auxiliary Role in Sectoral Legislation (Advocating for legislative reforms or leveraging ongoing reform processes);
- Strengthening the Auxiliary Role in through MoUs in various sectors (Using tools such as IFRC template MoUs); and
- Operationalizing and communicating the legal base (Training staff/volunteers and using communication packs in the field).
Results
Outputs: New RC Law (draft/passed), auxiliary role reflected in relevant sectoral laws and policies (draft/passed), concluded MoUs.
Outcomes: Clear legal mandate and understanding of the auxiliary role, enhanced emblem protection.
Impact: Secure and sustained space within the humanitarian sector, enhanced cooperation with public authorities, enhanced understanding of the auxiliary role and legitimacy of the National Society's unique role.
Enablers & Resources
People: Legal advisors and advocacy and communication specialists.
Support: Relevant thematic teams within the IFRC and ICRC, and the Joint Statute Commission.
Tools: See Tools & Technologies. Key tools include the Legislative Advocacy Toolkit and the Guide to Strengthening the Auxiliary Role through Law and Policy, as well as their complementary online trainings.
Examples & Innovative Practices
- Leveraging specific case studies on successful legislative reform (See Data).
- Using educational tools like The Fingerprint Game and videos for practical training and mass awareness (See Tools & Technologies).
Variations in Practice
The primary focus varies by context: National Societies need to identify gaps in their legal base and identify priorities taking into account their specific contexts, including their external environment.
Common Challenges
Low awareness among staff/volunteers of the legal base, leading to under-utilization in the field;
Legal texts are vague or non-binding, weakening the auxiliary role in practice;
lack of government interest in amending laws; and failure to secure full legal protection of the Emblem or assets.