Malaysian Red Crescent Society (MRCS) had undergone the Organizational Capacity Assessment & Certification (OCAC) in 2015 and it had positively identified gaps on matters pertaining to policies, the absence of review on regulatory mechanisms, enhance understanding of the legality and the mechanic of administration of the Society at various levels.

MRCS had also completed the organization-wide Branch Organizational Capacity Assessment (BOCA) in 2016 and the trend indicated that there are still some room of improvements on matters pertaining to Emblems, State (Branch) Planning and policies.

Arising from the two assessment, MRCS had organized a Policy Development workshop to formulate policies that were considered as necessary and pertinent to the Society. Since then, the policies had been endorsed by the National Council of the MRCS. Along with this, another bold step was taken to review the MRCS Corporation Rules.

The output of the Policy Development and Review of the MRCS Corporation Rules had been put into effect. Nonetheless, it is unclear how well the contents are understood at state and district level for effective implementation.

On this basis, MRCS is proposing to organize a workshop to provide a better understanding of the legal base and current policies so that officials at all level understand their obligation, roles and responsibilities to function efficiently and effectively as how a humanitarian organization is expected. This is also followed by understanding some of the basic principles of law which would assist the MRCS at state and district level to administer in accordance to the general principles of law, thus ensuring that the principle of humanity is safeguarded.

Workshop Objectives:

1. To provide officials at governance and senior management at State and District level with a greater understanding of the domestic legal foundation, regulatory mechanism on operational context and other Movement Statutes & Guidance.
2. To give greater insight on the Red Cross Red Crescent Emblem, including the Third Additional Protocol vis-à-vis the consequences for National Society.
3. To strongly emphasize and caution on some areas of Conduct in MRCS context.

Workshop Structure & Content:

1. Understanding the Legitimacy and Mandate of MRCS

a. Domestic Legal Foundation

i. Geneva Convention Act – Issues affecting National Society

ii. MRCS Incorporation Act – Corporation Objects & Purposes

iii. MRCS Change of Name Act

b. Regulatory Mechanism on Operational Context

i. MRCS Incorporation Rules (with latest amendment)

ii. MRCS Policies

iii. MRCS Handbooks – Overview

1. Administration & Management

2. Financial Regulations

c. Other Statutes & Guidance

i. Statutes of the International Red Cross & Red Crescent Movement (particular reference to Art 3 & Art 4)

ii. Resolution of International RCRC Conference & General Assembly – implementation in MRCS

iii. RC Fundamental Principles – Principles in Action

iv. NS Auxiliary Status – what does it mean vis-à-vis Objects & Purposes of Corporation

Supporting documents: Tentative programme | Concept note

Powerpoint presentations:

• Sources of Legal Mandate and Auxiliary
• MRCS Summarized Policies and Natural Justice
• Anti-Harassment Guidelines and Offenses against Property
• Mistake and Misrepresentation

Resources:

1.Red Cross Red Crescent Movement

• 55(1) UNGA 1946 Creation of the National Societies
• Geneva Conventions 1949
• Handbook Red Cross Red Crescent Movement
• ICRC Mission & Work
• Policy on ICRC Cooperation with National Societies
• Seville Agreement
• Statutes of the International Red Cross & Red Crescent Movement
• Strategy 2020
• Malaysian Red Crescent Society Pledges 2015
• Statutes of the International Committee of the Red Cross 2018
• Internal Regulations of the International Committee of the Red Cross 2018
• Federation Policy Review – Status of existing Federation policies and recommended next steps

2. Malaysian Red Crescent Society

• Geneva Conventions Act 1962
• Malaysian Red Crescent (Incorporation) Act 1965
• Malaysian Red Crescent Society (Change of Name) Act 1975
• Malaysian Red Crescent Society Constitution 2016
• Strategy 2020 [English] [Malay]
• Strategy 2020 Plan of Action 2011-2015

2A. Malaysian Red Crescent Society’s Policies

Legal, Gender and Diversity, Planning Monitoring Evaluation and Reporting (PMER), Human Resources, Finance Planning and Budgeting, Communication, Resource Mobilization, Membership Guidelines, Branch Development, Child Protection, Volunteer, and Youth

Handbooks in Malay: Panduan Pentadbiran, Panduan Kewangan, Panduan Pasukan Subsidiari, Panduan Perkhidmatan, Peraturan Pakaian Seragam PBSMM, Regulation of the use of the emblem [in English]

2B. Malaysian Red Crescent Society’s Emblem

3. Conduct and Integrity

• Action against sexual harassment at work in Asia and the Pacific
• Anti Harassment Guidelines
• Child Protection Policy
• Contracts Act 1950
• Misrepresentation Act 1967
• Natural Justice – De Smith & Brazier
• Penal Code [Act 574]
• Theft Act 1968 and Theft Act 1978

4. Fundamental Principles

• The Fundamental Principles of the International Red Cross and Red Crescent Movement
• The Fundamental Principles of the International Red Cross and Red Crescent Movement – Ethics and Tools for Humanitarian Action
• Puzzle Exercise

5. Auxiliary Status

• Auxiliaries to Public Authorities: Conclusion from the study undertaken by the IFRC
• National Red Cross and Red Crescent Societies as auxiliaries to the public authorities in the humanitarian field

6. Emblem

• Emblem Protection System
• Use of the emblem by British Red Cross
• ILD Internal Emblem Misuse Process
• Emblem Misuse Referral Form
• Emblems (Presentation) and (brochure)
• Emblems questions and answers
• Emblems and logos in communication, marketing and fundraising
• Emblem survey sample questions
• Emblems – safeguarding their power to protect and preventing misuse
• Model law concerning the use and protection of the emblem of the red cross or red crescent
• Regulations on the use of the Emblem of the Red Cross or the Red Crescent by the National Societies
• Study on the use of emblems

Special thanks to the British Red Cross for sharing some of the references pertaining to the protection of the red cross and red crescent emblems.

Contact information: Saiful Izan bin Nordin, Manager, International Humanitarian Law, Legal and International Relations, Malaysia Red Crescent at ihlmrcs@gmail.com