Introduction
The transactional stage consists of the final step in the process focusing on negotiating the actual terms of the agreement between the parties. It is the point at which the Common Shared Space (CSS) takes the shape of a definite series of reciprocal commitments (e.g., the provision of assistance under agreed-upon conditions) allowing the humanitarian organization to operate with the consent of the counterparts.
Transactions often take the shape of a bilateral or multilateral agreement between the parties concerned with the issue. The agreement can have several forms: oral statements, written contract, memorandum of understanding (MoU), exchange of letters, handshakes, etc., and have various levels of exposure (confidential encounter vs. public documents). At the core of any agreement, one can find an exchange of reciprocal commitments producing a mutually beneficial arrangement as the main reward of the negotiation process for the parties involved. This agreement may govern the presence of the humanitarian organization, its access to the population in need, and the terms of the deployment of its activities. The commitments may also encompass security guarantees, delivery schedules, modalities of visits, landing rights, etc. In exchange, organizations may agree to the terms of the counterparts regarding location of the office, scope of activities, visibility, the selection of the targeted groups, methods of distribution, role of local authorities, among other things. The process may also involve further discussions on the orientation of humanitarian operations requested by the counterparts in terms of operational priority throughout the duration; cooperation with other organizations, ministries, security, and police forces; etc.
Regarding the type of transaction
Accordingly, the transactional stage of a humanitarian negotiation can take various forms that tend to reflect the types of negotiation:
- Factual transactions often focus on the technical aspects of an operation, determining when and where the activity will take place, and what it will entail, such as the scheduling of a vaccination program in a district, in exchange for the cooperation of the local authority in the field and compliance with their instructions.
- Normative transactions emphasize issues of methods and professional standards detailing why an operation should take place and how, i.e., under which standards the terms of the operations will be developed (e.g., methods of monitoring, hiring policies, etc.), in exchange for recognition of the political role and legal responsibilities of the counterparts.
In both cases, a negotiation process ends with an exchange of commitments to act in a certain manner for the other side’s benefit (granting access, providing relief aid, changing a policy toward beneficiaries, etc.), raising a number of questions and, at times, concerns about the sustainability and equity of such agreement.
The mutual character of humanitarian transactions has always been treated with a degree of uneasiness and apprehension by humanitarian agencies. Besides providing essential goods and services to the people in need, who most of the time are not part of the discussion, the transaction legitimizes the control of the counterparts over the access to the affected populations which has inevitable political implications. There is a constant tension between the norms of neutral, impartial, and independent access and the reality of accessing the population in need under the control of the counterpart. In practice, access always entails a form of compromise on humanitarian principles so as to maximize the impact of the activities of the organization.
The transactional stage is clearly an important phase of the negotiation process as it tests the preparation for and planning of the negotiation over a period of time. The purpose of this segment is to help prepare frontline negotiators for this critical stage, with the understanding that they are not alone in this transaction. In fact, this transaction is informed by their tactical deliberations and specific objectives allocated to the negotiation process under the mandate of the organization, as well as by discussions about scenarios and bottom line (see Figure 1 Naivasha Grid), both of which will be explored in 2 | Module D: Designing Scenarios and Bottom Lines).