Human Rights in Budget Monitoring, Analysis and Advocacy

1. Human Rights in Budget Monitoring, Analysis and Advocacy Office of the High Commissioner for Human Rights Training Workshop

2. Introduction to the Workshop Office of the High Commissioner for Human Rights Session 1

3. Welcome • Opening • Budget work and the broader OHCHR and/or country context: a rare opportunity • Where we all stand – results of the pre-workshop (SWOT) questionnaire

4. Questionnaire Results (Explanatory text) (Sample graph)

5. Workshop Objectives By the end of the workshop participants will have … • An overview of the Human Rights framework as applied to budgets and the available approaches and methodologies. As holder of knowledge • The ability and confidence to explain and communicate how to apply a rights based perspective to budget monitoring and analysis. As facilitators • The ability and motivation to strategically integrate rights based budget monitoring and analysis in our evolving programs. As champions

6. Other ground rules and approaches … Emerging Additional Flexibility Environment of trust – critique, support, working things out Daily evaluation Time keeper Parking lot Language Preparation Sharing and learning Participation - it’s up to all of us to make sure this is relevant and useful to your work Concrete and practical – not too much lecturing! Good examples Focus Respect Engagement

7. Overview of the WEEK • Day 1 Setting the foundations – how it all fits together • Day 2 What’s in a budget • Day 3 Making the budget work for you • Day 4 Budgets as a lever for change • Day 5 Strategic choices and prioritisation in our program of work

8. The Policy Arena:Human Rights and Development Office of the High Commissioner for Human Rights Session 2

9. A Brief History: human rights & development UN Charter UDHR Cold War Human Rights Development Millennium Declaration 2000 Vienna 1993 Beijing 1995 Cairo 1994 Copenhagen 1995

10. Human Rights and Development: different but complementary

11. Development Commitments global food & energy crisis global financial crisis climate change 2000 Millennium Declaration 2002 Monterrey Consensus on Financing for Development 2005 World Summit Outcome 2005 Paris Declaration on Aid Effectiveness 2008 Doha Declaration on Financing for Development 2008 Accra Agenda for Action 2010 MDG Summit (HLPM) Outcome Document

12. Millennium Declaration reduction to MDGs Only 8 MDGs out of 42 Millennium Declaration goals: • (1) Eradicate extreme poverty and hunger • (2) Achieve universal primary education • (3) Promote gender equality and empower women • (4) Reduce child mortality • (5) Improve maternal health • (6) Combat HIV/AIDS, malaria and other diseases • (7) Ensure environmental sustainability • (8) Develop a global partnership for development

13. MDGs and Human Rights: Complementarities MDGs  Human Rights Broad political consensus on MDGs: global partnership, & increased spending on ESCR MDG targets as human rights benchmarks, outcome indicators MDGs shine a spotlight on often neglected social rights Human rights  MDGs Strengthen process & legitimacy of MDG implementation strategies Mobilising power of HR discourse, participatory and empowering strategies, civil and political rights. Greater focus to questions of politics and power Source: Malcolm Langford

14. Strategies for reaching these goals… differences but also overlap Selected strategies for human rights Selected strategies for poverty reduction Monitoring international commitments Individual petitions Reporting violations Advocacy, education Investigations Governance Participation Access to justice, education, healthcare Social protection Macroeconomic stabilization Fiscal reform Pro-poor growth Private sector development Jobs/economic opportunity Source: World Bank 2006

15. 2010 MDG Summit Outcome Human rights are key to ensure that the MDGs work for the poorest: Rights: women’s rights, food and hunger, education, housing, property and inheritance, health (sexual and reproductive), work, right to development. Approaches: emphasis on sustainable and inclusive growth by addressing root causes of problems, inequality and discrimination while promoting participatory, transparent and accountable processes. Issues: violence against women and girls, access to justice, access to credit, harmful practices, universal access to social services, social protection, access to medicines, TRIPS. Focus groups: the poorest and most vulnerable, women, children, indigenous peoples, persons with disabilities, older persons Instruments: Beijing Platform, CEDAW, CRC, international HRs law

16. Aligning policies and budgets with HRs obligations International and regional legal framework Analysing priorities reflected in policies and budgets = level of commitment to human rights National legal framework National policy framework National budget framework

17. Why are HRs important forpolicy-making? From a human rights perspective, why should we be interested in policies and budgets? Translate human rights obligations into practice Govern the allocation of limited resources Set targets/benchmarks and the monitoring mechanisms Reflect government priorities and indicate political will From a public policy perspective, why should we be interested in human rights? Legal obligations of governments Provides standards and principles to guide policy processes, as well as the outcomes and impacts of policies Provides a framework to monitor and evaluate policies from a human rights perspective

18. Integrating HR into the policy cycle Diagnosis Evaluation Civil Society Rights holder Implementation Formulation Adoption HR standards must drive Formulation and Evaluation and other steps of policies HR Principles HR Standards HR principles must cross-cut all parts of the policy cycle

19. PRS(P): critical pro-poor policy tool • Medium term national planning processes for economic growth and poverty reduction • Origin of ‘PRSP’: WB/IMF 1999 • Purposes: (1) focus public actions, policies on poverty reduction; (2) aid coordination; and (3) basis for concessional lending and debt relief • Content: poverty diagnostics; macro-economic, structural and sectoral (including social) policies • ‘Nationally owned’, participatory, results oriented, comprehensive

20. Key PRS Principles Poverty Reduction Strategy Long-term perspective Comprehensive Country driven Results-oriented Partnerships Country driven: Country ownership, broad-based participation What do they really mean and why are they important ? Source: Linda van Gelder, World Bank 2006

21. The Policy/Budget Interface International, regional and national legal frameworks National policy framework: NDS, PRSP, macroeconomic policies, sector-wide and sectoral policies, programmes, etc. National budget framework: MTEFs, annual national budget, local budgets, etc.

22. Policy/Budget alignment inprinciple and in practice Exercise: At your tables, discuss and identify what is working and what is not working in terms of policy and budget alignment in your respective countries Three cards – what works Three cards – what doesn’t work

23. Asymmetries of Ownership Source: World Bank

24. Asymmetries of Cycles Assessment and analysis The State Civil Society M&E and Budget oversight Policy Formulation/ Adoption Rights holder Policy Implementation Budget formulation Budget execution Budget approval

25. Human Rights: The Refresher Office of the High Commissioner for Human Rights Session 3.1

26. What is a right? “That which a person is entitled to have, to do, or to receive from others, and which is enforceable by law.”

27. What are Human Rights? Universal legal guarantees Civil, political, economic, social and cultural Protect human values (freedom, equality, dignity) Belong to individuals and, to some extent, groups Grounded in international norms and standards Legally binding on States

28. Wherever there is a right,there is a duty A has a right to B against Cwho has to do D A =right-holder B = the entitlement C = duty-bearer D = the obligation

29. Human Rights System National Protection Systems ICCPR ICESCR CEDAW CERD UN Charter UDHR HRC CAT CRC CMW Other International Instruments Regional Regimes

30. Status of Ratification 1965 ICERD – 173 parties Country e.g. Liberia 1976 1966 ICCPR – 165 parties Country e.g. Liberia 2004 1966 ICESCR – 160 parties 1979 CEDAW – 186 parties 1984 CAT – 146 parties 1989 CRC – 193 parties 1990 ICRMW – 42 parties 2006 ICPED – 15 parties 2006 CRPD – 70 parties

31. Right-holders: 6,749,795,567 persons Every individual, either a man woman or child, of any race, ethnic group or social condition To some extentgroups Duty-bearers: Much less Primarily States Individuals and private entities have generic responsibilities towards the community to respect the rights of others Main Human Rights Actors

32. Human Rights Obligations Duty-bearers Fulfill Protect Respect refrain from interfering with the enjoyment of the right prevent others from interfering with the enjoyment of a right adoptappropriate measures towards full realization of the right Progressive Immediate

33. Economic, Social and Cultural Rights the right of self-determination (art. 1) the right to work (art. 6 and 7) the right to form/join trade unions (art. 8) the right to social security, social insurance (art. 9) the right to an adequate standard of living (art. 11) free from hunger, adequate food, clothing, adequate housing, and water the right to the highest attainable standard of health (art. 12) the right to education (art. 13) compulsory and free primary education Cultural rights (art. 15)

34. Normative content of ESC rights (the right to education) - available infrastructure, teachers, text books, etc. - physical access for persons with disabilities - trained teachers, curricula - school terms adapted to seasonal work Availability Accessibility Acceptability (quality) Adaptability

35. Obligations of Immediate Effect States must take immediate action, irrespective of the resources, in five areas: • elimination of discrimination • rights not subject to progressive realization • obligation to “take steps” • non-retrogressive measures • minimum core obligations

36. Examples of Minimum Core Obligations • access to employment, especially for the most disadvantaged and marginalized • access to the minimum essential food nutritionally adequate and safe, ensure freedom from hunger; • access to basic shelter, housing and safe drinking water and sanitation; • provide essential drugs as defined by WHO; • free and compulsory primary education for all; • access to a social security scheme that provides a minimum essential level of benefits and access to basic social services;

37. Progressive Realisation of ESC Rights “ Each State Party undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights by all appropriate means …” (ICESCR, Article 2) • Acknowledges that resources are limited • Lack of resources is not a justification for inaction • Progress needs to be made over time and show results

38. Human Rights Principles • Universality and Inalienability • Indivisibility • Interdependence and Inter-relatedness • Equality and Non-discrimination • Participation and Inclusion • Accountability and Rule of law

39. Exercise Human Rights Quiz

40. Human Rights-Based Analysis: The maternal mortality and morbidity case Office of the High Commissioner for Human Rights Session 3.2

41. 2003 UN Common Understandingon HRBA All programmes of development co-operation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments. Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process. 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. GOAL PROCESS OUTCOME

42. HRBA Basics: Relationship ofDuty-Bearers & Rights-Holders Source: Getting it right for children – from Amanda Harding, Save the Children, 2007

43. Other Approaches “Needs Based” Action is voluntary/optional ‘Needs’ are contextual and open-ended Deserve help Passive beneficiaries - can be invited to participate Pragmatic ways to work with structures Development is technocratic - for the experts Hierarchy of needs “Rights Based” Action is mandatory Universal and legally established claims and entitlements Entitled to enforceable rights Active participants by right Power structures must be effectively changed Development transforms behaviours, institutions and empowersrights-holders Rights are indivisible and interdependent, though many cases practical prioritisation may be required

44. HRBA helps to answerFour critical questions Who has been left behind and why? What are they entitled to?  Who has to do something about it?  What do they need to take action?

45. Applying a HRBA in development policy Situation Analysis

46. HRBA implications for the policy process …The integration of human rights principles and standards into all stages of the policy process. ASSESSMENT & ANALYSIS Priority Setting MONITORING & EVALUATION FORMULATION & PLANNING ADOPTION IMPLEMENTATION

47. HRBA in Development Policies Implementation M&E Formulation Assessment And analysis Policy Outcomes & Deliverables National Development Priorities Budget process M&E Systems Enhances accountability for process and results Looks at disparities beyond ‘average’ targets Independent data gathering, analysis and reporting Aligns problems with human rights Identifies patterns of discrimination, inequality, and exclusion Identifies Rights-Holders and Duty-Bearers and their capacity gaps Progressive realization and maximum available resources Prioritizes the rights of marginalized groups Promotes participation and information Promotes institutional and behavioural changes of Duty-Bearers Empowers Rights-Holders Prioritizes marginalized groups

48. Assessment and Analysis GATHERING INFORMATION About development problems from existing sources, esp. national treaty reports and observations and recommendations from treaty bodies ASSESSMENT Shortlist major development problems for deeper analysis ANALYSIS Of root causes & their linkages

49. Purpose of the Assessment: Identify the main development challenges What is happening? To whom? Where? e.g. High incidence of maternal mortality and morbidity amongst rural indigenous girls from the southern districts HRBA to the Assessment A rights-based development challenge should be people focuses.

50. HRBA helps the UN and partners to answer Four critical questions: • Whohas been left • behind andwhy? • What arethey entitled • to? •  Whohas to do • something about it? • What do they need, to • take action? 1. CAUSAL ANALYSIS 2. ROLE ANALYSIS 3. CAPACITY GAP ANALYSIS