Human Rights Based Approach in the Context of UN Development and Programming Work

1. Human Rights Based Approach in the Context of UN Development and Programming Work Alan Skurbaty Ph.D., UN Human Rights Advisor, UNCTUkraine “ No one agency owns human rights. It is the mission of the entire UN system.” The High Commissioner for Human Rights United Nations System in Ukraine

2. OUTLINE • Background to HRBA in the UN System: acceptance of HRBA and Challenges • Towards A Common Understanding Among UN Agencies • Implications of A Human Rights Based Approach for UN Development and Programmatic Work • CASE1. Application of a HRBA to Programming Work of UNCT Ukraine: Focus o Vulnerable Groups • Value-Added Benefit from Application of HRBA

3. The former Secretary-General noted in 1998 and 2002 that human rights is a cross cutting issue and that it should be integrated in all UN activities. In many countries, including in Ukraine, UN Country Teams (UNCT) have started incorporating a human rights-based approach through the Common Country Assessment (CCA) and the United Nations Development Assistance Framework (UNDAF). Thus human rights-based approach is the cornerstone of the Action-2 of Secretary-General’s 2002 second report on UN reform, where he identified the building of strong human rights institutions at the country level as a principal objective of the United Nations. Consequently, the debate is no longer about whether UN staff should work on human rights. The discussion is rather about how? Main Challenges remain: Many UN staff still view human rights as a separate activity, a special area of work; rather than as a crosscutting aspect of all areas of programme support There is still lack of agreement as to what “integrating” or “mainstreaming” human rights in development programming entails: are development and human rights two separate things? Is there a dichotomy between human rights and human development? What distinguishes HRBA from “good development practice”, etc.? Background to the issue: acceptance of HRBA and Challenges

6. Thus human rights-based approach is the cornerstone of the Action-2 of Secretary-General’s 2002 second report on UN reform, where he identified the building of strong human rights institutions at the country level as a principal objective of the United Nations. Towards A Common Understanding Among UN Agencies_1

7. Towards A Common Understanding Among UN Agencies_2 Common Understanding 1. All programmes of development co-operation, policies and technical assistance should further the realisation of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments. 2. Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process. 3. Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights.

8. Towards A Common Understanding Among UN Agencies_3 Common Understanding (CU) • Comment to Point 1 of CU: Application of HRBA to programming is either consistent or the HRBA is non-existent: In a human rights-based approach to programming and development cooperation, the aim of all activities is to contribute directly to the realization of one or several human rights. • Comment to Point 2 of CU: Human Rights principles guide programming a) in all sectors, such as: health, education, governance, nutrition, water and sanitation, HIV/AIDS, employment and labour relations and social and economic security, including both the Common Country Assessment and the UN Development Assistance Framework; and b) in all phases of the programming process: assessment and analysis, programme planning and design; implementation, monitoring and evaluation.

9. Towards A Common Understanding Among UN Agencies_4 Common Understanding (cont. from _3) Principles mentioned in Point 2 of CU are: • universality and inalienability; • indivisibility; • inter-dependence and inter-relatedness; • non-discrimination and equality; • participation and inclusion; • accountability and the rule of law.

10. Towards A Common Understanding Among UN Agencies_5 Common Understanding (cont. from _4) 3. Comment to Point 3 of CU When using HRBA we should identify rights-holders – individuals and groups - and their entitlements; as well as corresponding duty-bearers - State and non-state actors – and their correlative obligations, in order to empower the rights-holders to make their claims as well as to build the capacity of duty bearers to meet their obligations.

11. Advocacy and outreach Policy development and practice guidance Capacity development Knowledge networking Partnership building How to Realize Human Rights Approach

12. The following elements are necessary in order to ensure that we use a human rights-based approach: a) Assessment and analysis in order to identify the human rights claims of rights-holders and the corresponding human rights obligations of duty-bearers as well as the immediate, underlying, and structural causes of the non-realization of rights. b) Programs assess the capacity of rights-holders to claim their rights, and of duty-bearers to fulfill their obligations. They then develop strategies to build these capacities. c) Programs monitor and evaluate both outcomes and processes guided by human rights standards and principles. d) Programming is informed by the recommendations of international human rights bodies and mechanisms. Implications of A Human Rights Based Approach for UN Development and Programmatic Work_1

13. Other elements of good programming practices that are also essential under a HRBA, include: 1. People are recognized as key actors in their own development, rather than passive recipients of commodities and services. 2. Participation is both a means and a goal. 3. Strategies are empowering, not disempowering. 4. Both outcomes and processes are monitored and evaluated. 5. Analysis includes all stakeholders. 6. Programmes focus on marginalized, disadvantaged, and excluded groups. 7. The development process is locally owned. 8. Programmes aim to reduce disparity. 9. Both top-down and bottom-up approaches are used in synergy. 10. Situation analysis is used to identity immediate, underlying, and basic causes of development problems. 11. Measurable goals and targets are important in programming. 12. Strategic partnerships are developed and sustained. 13. Programmes support accountability to all stakeholders Implications of A Human Rights Based Approach for UN Development and Programmatic Work_2

14. CASE 1:HRBA and the reasons why should Vulnerable Groups/Populations (VGs) get a priority attention within UNCT programming, implementation and recovery work? Several Compelling Reasons: • UNCT: The UNCT has recognized “the need to identify the most vulnerable sectors of society and minority groups that may not have equal access to certain social services and may require special attention” during the preparation of the CCA, UNDAF and AWP (CCA, p. 7); the CCA puts explicitly “more emphasis on preventing exclusion, concentrating on the disadvantaged and more vulnerable sectors of society” in dealing with ALL developmental challenges CCA, p. 9. • At the Heart of Human Rights Based Approach: UN / Action-2: human rights-based approach is the cornerstone of the Action-2 of Secretary-General’s 2002 second report on UN reform, where he identified the building of strong human rights institutions at the country level as a principal objective of the United Nations) • At the Heart of Human Rights: Protection of vulnerable people (individuals and groups) against arbitrary use of (state) power is the essence of human rights, and the provision on the protection of vulnerable groups – the religious minorities – can be traced as far back as the Peace of Westphalia (1648), which has secured toleration for Roman Catholics, Lutheran and Calvinists. • VGs can serve as s Prioritization Point according to 80/20 Paretto principle: 80% of your output results will always flow from 20% of your inputs. To get 80% of the output portfolio (according to AWP), it makes sense to concentrate, as a starting point, on 20% of projects featuring vulnerable or disadvantaged groups . The Statistics of Occurrence of the Vulnerable/Disadvantaged groups: they feature 49 times in CCA, 34 times in UNDAF and 14 times in AWP. Punchline: Vulnerable Groups are at the heart of CCA/UNDAF/AWP, and their protection make the essence of human rights: thus, VGs are important and could serve as a rallying point for prioritization of the UNCT project implementation activities.

15. CASE 1 (CONTINUED): Who Are Vulnerable/Disadvantaged Groups in CCA/UNDAF/Annual Work Plan (AWP)? • Women (especially, victims of Trafficking, Domestic Violence, and those affected by HIV/AIDS) • Single-Parent Families with young children • Rural women and pensioners • Children (HIV-infected, with Disabilities, victims of trafficking and domestic violence, ‘street children’) • Minority Groups, especially Roma and Crimean Tatars • TB infected/HIV/AIDs Victims • People with low income • People with disabilities • Migrants and their families

16. (Continued) Food-for-Thought QUESTIONS: • What are the HUMAN RIGHTS-oriented focus areas of UNCT agencies in dealing with vulnerable groups? • What is the COMPETITIVE/Comparative ADVANTAGE of each respective UN Agency in dealing with this issue? • How to optimize the input portfolio of each Agency by capitalizing on its comparative advantage? • How can we clarify our global- and agency-specific positioning towards vulnerable groups in order to increase the effectiveness of our response, as well as ensure complementariness and avoidance of overlap? • What are the additional tools and approaches we can use to optimize our response to the – human rights – problems around vulnerable groups?

17. Samples from the Annual Work Plan (AWP) – 1 Vulnerable/Disadvantaged groups *Outcome 2: Civil Society Empowerment (focus: “women and other disadvantaged groups”) 1) Potential Joint Programme: Civil Society Empowerment for Access to Justice and Human Rights ProtectionAgencies UNDP, UNICEF, UNHCR, UNAIDS, IOM, ILO Performance Indicator (PI): e.g. Capacity of CSOs and NGOs enhanced to provide legal and social counselling to vulnerable groups; and geographical coverage of CSOs and NGOs working in the field of human rights increased.Baseline survey conducted for the level of human rights awareness among/of vulnerable groups 2) Potential Joint Programme: Treatment and care for people living with HIV/AIDS at national and sub-regional levels, with a special focus on HIV+ children UN Agencies: WHO, UNICEF PI: Vulnerable population have access to treatment and care, no. of advocacy meetings and communications for equitable access to HIV treatment and care Answers to the FTQs: 1… 2.., etc.

18. Samples from the Annual Work Plan (APW) – 2 Vulnerable Populations/Disadvantaged groups Outcome 3: Health care and Health Services (focus: HIV/AIDS, TB victims; Mother & Child ) Potential Joint Programme: Access to health care and services for vulnerable populations UN Agencies: IOM, UNHCR, WHO Action: Assessment of legal documents related to VP, advocating for inclusion of those groups under primary healthcare. e.g. Capacity of CSOs and NGOs enhanced to provide legal and social counselling to vulnerable groups; and geographical coverage of CSOs and NGOs working in the field of human rights increased.Baseline survey conducted for the level of human rights awareness among/of vulnerable groups Answers to FTQs: 1. 2. 3. 4. 5.

19. Value Added Benefit from Application of HRBA 1. A rights approach does not necessarily imply litigation or conditionality. It is a vision and a set of tools enabling to capture and analyze the problem from a holistic human rights perspective and make more focused strategic interventions 2. A rights-based approach changes the situation of the beneficiary or beneficiary group from passive aid recipient (“objects”) to rights-holders (“subjects”), empowered to hold responsible actors accountable to human rights standards. It translates people’s needs into rights, and recognizes the human person as the active subject and claim-holder. As opposed to needs-based or poverty-reduction approaches which are top-down and technical, the HRBA can empower bottom-up initiatives of the rights holders and be both transformative and locally-generated. 3. The human rights framework provides a unifying set of standards and a common language, thereby presenting the potential for greater co-ordination and consistency among development actors 4. By using the human rights legal framework as a guiding reference for the analysis and development of programmes, the UN result-based programming system is strengthened through effective identification of development benchmarks and indicators.

20. Thank You