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CIDA Limits Liability

Submitted by admin on 25 août 2008
Thanks to Member Tom Body for this news article which will be of interest to those working in Afghanistan and other failed/fragile states. OTTAWA - The Canadian International Development Agency has revised its grant agreements to further shield the government from responsibility when aid workers are killed, even as it presses aid groups who receive funding from Canada to station workers in volatile Kandahar province. CIDA, which oversees Canada's development assistance to Afghanistan, issues grants to NGOs and other organizations that distribute aid on the ground. Until recently, grant agreements contained a provision that protected the government from liability in the event that aid workers are injured or killed on a Canadian project. But in recent months, CIDA has strengthened that language, adding a sentence that explicitly protects Canada against "claims or demands." Some aid groups believe the government wants to improve its chances of suing NGOs to recover the cost of lawsuits and kidnapping ransoms. Canada "shall not be liable for any losses, claims, damages, or expenses relating to any injury, disease, illness, disability or death of the employees or subcontractors of the organization alleged to be caused as a result of performing the agreement," states a recent version of the agreement viewed by Canwest News Service. "The organization agrees to fully protect and indemnify Canada in the event its employees and/or subcontractors make any claims or demands against Canada in respect of any of the risks inherent in the project or the adequacy of the information as to those risks supplied to the employees and subcontractors," the agreement continues. An earlier template of the agreement, posted on CIDA's Web site and said to be effective Jan. 1, 2008, does not contain this passage. Meanwhile, CIDA officials have informed some organizations that they are more likely to receive funding for projects based in Kandahar, one of the most dangerous provinces in the country. "CIDA is putting an unprecedented amount of pressure on Canadian NGOs to move into these areas, particularly in Kandahar," said one aid worker, who spoke on condition of anonymity. "They are linking grant and aid contributions to demonstrating some sort of presence in Kandahar City, regardless of whether it's safe." CIDA's hard-nosed approach has caused concern among aid workers in Afghanistan, who say they are increasingly being targeted by Taliban insurgents and run-of-the-mill criminals. Yesterday, three female aid workers, including two Canadians, were gunned down in Logar province, south of Kabul. The Taliban claimed responsibility. The escalating risk to aid workers comes as CIDA faces intense pressure in political and government circles to enhance its visibility in Afghanistan. Sources in the aid community say the pressure on CIDA has increased since the release in January of the Manley report, which blasted Canada's development efforts. http://www.nationalpost.com/related/links/story.html?id=721441
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