CONVERGENCE AND CONSENSUS ON A HRBA TO DEVELOPMENT UN HABITAT Nairobi, Kenya 23-25 October 2013

1. CONVERGENCE AND CONSENSUS ON A HRBA TO DEVELOPMENT UN HABITAT Nairobi, Kenya 23-25 October 2013 Urban Jonsson

2. OUTLINE • The UN Common Understanding • A Human Right-Based Approach (HRBA) to Development • Who are the Duty-Bearers? • Human Development and Human Rights

3. THE UN COMMON UNDERSTANDING

4. “As the Secretary-General of the United Nations I have made human rights a priority in every programme the United Nations launches and in every mission we embark on. I have done so because the promotion and defense of human rights is at the heart of every aspect of our work and every article of our Charter”(Kofi Annan, 1999)

5. ESSENTIAL AND UNIQUE CHARACTERISTICS • Situation Analysis to identify immediate, underlying and basic causes of the non-realization of human rights • Identification of key claim-holder/duty-bearer relationship on all levels of society (Pattern Analysis)

6. ESSENTIAL AND UNIQUE CHARACTERISTICS • Assessment and analysis of the capacity gaps of claim-holders to be able to clam their rights and of duty-bearers to be able to meet their obligations. (Capacity Analysis).

7. ESSENTIAL AND UNIQUE CHARACTERISTICS • Monitoring and evaluation of both outcome and process guided by the HR standards and principles. • Programming is informed by the recommendations of international human rights monitoring mechanisms.

8. DISCUSSION

9. GOOD PROGRAMMING PRACTICES AND HRBAP Participants at the Stamford Meeting agreed that most known ‘Good Programming Practices’ no longer become optional but actually obligatory in a Human Rights-Based Approach to programming (HRBAP)

10. GOOD PROGRAMMING vs. HR PROGRAMMING GOOD PROG. HUMAN RIGHTS People cannot be developed; they must develop themselves. People, including people who are poor, should be recognized as key actors in their own development rather than passive beneficiaries of transfers of commodities and services. In a human rights approach, people, including people who are poor, are subjects of rights. It is therefore logical to recognize people who are poor as key actors in their development by empowering them to claim their rights. 1 / 11

11. SOME GOOD PROGRAMMING PRACTICES • Strategies are empowering, not disempowering. • Both outcomes and processes are monitored and evaluated • Avoid dealing with estimated averages; use disaggregated data

12. SOME GOOD PROGRAMMING PRACTICES • . • The development process is locally owned. • Programmes aim at reducing disparities • Both top-down and bottom up approaches are used in synergy.

13. SOME GOOD PROGRAMMING PRACTICES • 10. Measurable goals and targets are important in programming. • Strategic partnerships are developed and sustained. • Policies, programmes, projects and activities are all gender sensitive

14. CONCLUSION HRBAP means that most “good programming principles” have been adopted BUT A Programme that adopts all “good programming principles” is not necessarily a Programme that has adopted HRBAP

15. DISCUSSION

16. A HUMAN RIGHT-BASED APPROACH TO DEVELOPMENT (HRBA)

17. The Outcome and Process Construct to Development

18. B C A D OUTCOME Good Bad Good Bad PROCESS

19. OUTCOME • Eradication of hunger and malnutrition • Universal primary education • Child protection • MDG 1 – MDG 7 • “Results” PROCESS • Effectiveness and Efficiency • Sustainability • Participation • Accountability and Rule of Law

20. Table Group Work Is the act of lying always wrong, or sometimes right?

21. DEONTOLOGICAL AND CONSEQUENTALIST THEORIES Deontological: No weight given to the goodness (or badness) of the result (outcome) Consequentialist: Defines rights action in terms of producing the maximal good

22. DISCUSSION

23. Construction of a Human Rights-Based Approach to Development

24. B C A D OUTCOME Good Bad Good Bad PROCESS

25. HUMAN RIGHTS STANDARDS AND HUMAN RIGHTS PRINCIPLES Human Rights Standards Access to health services, education, food etc. Human Rights Principles Equality, participation, accountability etc.

26. HUMAN RIGHTS STANDARDS AND HUMAN RIGHTS PRINCIPLES Human Rights Standards The minimum acceptable level of a desirable outcome Human Rights Principles Criteria for an acceptable process

27. OUTCOME (Human Rights Standards) • Eradication of hunger and malnutrition • Universal primary education • Child protection • MDGs • “Results” PROCESS (Human Rights Principles) • Equality and non-discrimination • Participation and Inclusion • Accountability and Rule of Law

28. B C A D OUTCOME Good Bad Good Bad PROCESS

29. DISCUSSION

30. WHO ARE THE DUTY-BEARERS?

31. DUTY-BEARERS • In International Human Rights Law the State is the most important duty-bearer, because it is the State that is the party of the ratified human rights treaties • But other duty-bearers are increasingly recognised

32. NON-STATE DUTY-BEARERS (1) “Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant”(Preamble of both Covenants, 1976)

33. NON-STATE DUTY-BEARERS (2) • “Every individual shall have duties toward his family and society, the State and other legally recognized communities in the international community”. (African Charter of Human and People’s Rights, 1961)

34. STATE AS THE ULTIMATE DUTY-BEARER • In almost all cases a Pattern Analysis of the claim-duty relationships between a claim-holder and the correlative duty-bearer will show that in the chain of claim-duty-claim-duty etc the State is the ultimate duty-bearer

35. HUMAN DEVELOPMENT AND HUMAN RIGHTS

36. TENDENCIES IN THE 1990’s The demands of the developing countries for development assistance was increasingly seen by the world as norms and entitlements (Copenhagen Social Summit, 1995; Vienna 193) More emphasis on good governance after the end of the Cold War. The connection to both CPR and ESCR was increasingly recognized

37. TENDENCIES IN THE 1990’s 3. Criticism of the focus on the individual; promotion of group rights, with emphasis on participation 4. More recognition of the need for ‘development from below’ and less respect for the traditional state – individual thinking

38. HUMAN DEVELOPMENT AND HUMAN RIGHTS ? HUMAN HUMANDEVELOMENT RIGHTS Focus on outcome Focus on processbut increasingly but increasinglyincludes process includes outcome Explicitly focus on Explicitly focus on ESCRs, but increasingly CPRs, but in-include CPRs creasingly include ESCRs

39. WHAT IS PART OF WHAT? “Human Rights are an integral element of the development agenda” (i.e. HRs are a necessary but not sufficient condition for Human Development) (Social Summit, Copenhagen)

40. WHAT IS PART OF WHAT? “Development should be seen as an integral part of Human Rights” (i.e. Human Development is a necessary but not sufficient condition for Human Rights) (Australian National Commission on Human Rights)

41. HUMAN DEVELOPMENT AND HUMAN RIGHTS A HD HR B HR HD C HD HR D HD HR E HD HR

42. DISCUSSION