Building a Joint Reference Framework of Constructive Interactions between aid actors and the Authorities to enhance principled delivery of assistance. At Handicap International – Humanity & Inclusion

Background information

Aid workers in Afghanistan face numerous hur­dles, including increasing bureaucratic restrictions, var­ious national and international political pressures, and other obstacles which are exacerbating needs and chal­lenging principled action.[1] The national regulatory frameworks are highly restrictive and create obstacles to principled programming. Donor restrictions (real or perceived), due to the political isolation of the current Afghan Authorities, pose numerous challenges to NGO operational space. Donor concerns have led to constraining policies which have put pressure on aid actors’ humanitarian space: from perceptions around practices risking legitimizing the current Afghan Authorities – as a unrecognised governing entity, with some of its members under sanction – or otherwise concerns about aid providing support to them, directly or indirectly. Aid actors also self-censor or apply a conservative interpreta­tion of what donors are willing to tolerate, without necessarily feeling empowered to request clarifications.

Many aid implementers are lacking clarity on what is acceptable considering legal frameworks and international norms to allow for principled interactions with the Afghan Authorities. Safeguarding and, where possible, expanding NGO operating space, requires operational clarity on how to navigate restrictions, whether coming from the Afghan Authorities, donors or member states. Despite some improvements observed throughout 2023 in terms of increased principled technical engagement with the Afghan Authorities as well as attempts to overcome politically driven conditionalities set by donors to meet the needs of the Afghan people, restrictions remain challenging to navigate. Such challenges and disagreements around acceptable avenues for interaction with the Afghan Authorities often lead to a lack of coherence in aid actors’ engagement practices with Afghan Authorities, which in turn undermines trust and results in greater interference attempts. At the same time, high levels of scrutiny from donors and various actors outside of Afghanistan on aid actors’ interactions with the Afghan Authorities increase bureaucratic impediments (including various levels of restrictions, multiple reports and lengthy requests for approvals) and disempower aid actors on the ground.[2]

There is a growing literature on engagement in ‘politically estranged’ settings.[3] The output from this consultancy would provide guidance on how to operationalize some forms of principled engagement that would be necessary for aid actors to enhance principled delivery of assistance. The consultancy will rely on available policies and frameworks, such as the donor complementary principles and considerations for ACG donors support to Basic Needs and Livelihoods in Afghanistan, as well as make sure to factor in ongoing complementary work being led by the ACG and its members, OCHA, as well as other actors such as research institutes.

Purpose of the research and intended use

The overall objective of this consultancy is to identify an interaction reference framework between aid actors and the Afghan Authorities with the aim to strengthen NGO operating space and promote the delivery of aid in an effective and principled way. To achieve that, the consultancy will create space for dialogue between all actors involved in the principled delivery of assistance in Afghanistan and identify which interactions are necessary and acceptable between aid actors and the Afghan Authorities.

The consultancy will provide clarity on the national and international regulatory frameworks, including legal restrictions, as well as current donor positions, depoliticizing further the aid response. It would serve as an operational guidance on constructive interaction modalities with Afghan Authorities in order to increase coherence in aid actors’ engagement with the Afghan Authorities and to therefore enhance principled delivery of humanitarian and basic needs activities in a politically estranged setting such as Afghanistan.

The purpose of this reference framework is to serve all operational aid actors in the response. To this end, the final product may be handed over, in part or in full, and upon endorsement from the Steering Committee, to a coordination body within the response, e.g. HAWG, HCT, ACBAR. This would ensure the tool remains relevant and operational for all actors.

[1] See Principled Humanitarian Action in Afghanistan *(*June 2023)

[2] See https://www.passblue.com/wp-content/uploads/2023/11/231109-SG-letter-of-8-November-Afghanistan.pdf (November 2023)

[3] See Chatham House, Aid strategies in politically estranged settings, research paper, April 2023.

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