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The human rights-based approach to development: a U.N. system perspective

The human rights-based approach to development: a U.N. system perspective. BRC/HURIST workshop, Bratislava, 1 October 2004. Questions about a HRBA. What? Why? Who? How?. ‘ What ’ are human rights?. People as. People as. object. s. with. subject. s. with. needs. claims.

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The human rights-based approach to development: a U.N. system perspective

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  1. The human rights-based approach to development: a U.N. system perspective BRC/HURIST workshop, Bratislava, 1 October 2004

  2. Questions about a HRBA .. • What? • Why? • Who? • How?

  3. ‘What’ are human rights? People as People as object s with subject s with needs claims Needs only Rights always imply imply promises obligations NEEDS RIGHTS

  4. What rights? Education Fair trial Freedom of association Asylum Freedom of thought Freedom from discrimination Freedom of conscience Health Freedom of religion Vote Favourable and just work conditions Shelter Food Nationality Clothing Life

  5. What obligations? • Respect – ‘don’t violate’ • Protect – make sure others don’t violate • Fulfill – facilitate, or if necessary, provide directly • Source: human rights treaties, national law

  6. What obligations?.. right to health • Availability, accessibility, acceptability • Respect: cost exemptions for poorest; don’t withhold HIV anti-retroviral • Protect: regulating service providers • Fulfill: progressively realise the right • Non-discrimination • Process: participation, transparency, monitoring progressive realisation, and mechanisms for redress

  7. Rights-holders & duty bearers WOMEN OF ETHNIC MINORITY ‘A’ RIGHT TO HEALTH Entitlement Rights-holders Highest attainable standard of health Accountability Duty-bearers Non-discriminatory and enabling laws, policies Resource allocation Special measures for the disadvantaged Information, transparency, redress Ministries re health, housing, education, finance Parliamentarians Local authorities/health services; judiciary International actors

  8. What is a HRBA? • Development furthers human rights as defined in international standards • Human rights standards, principles, guide development cooperation and UNCT programming in all sectors and phases • UNCT programming contributes to the development of capacities of: • ‘duty bearers’ to meet their obligations • ‘rights-holders’ to claim their rights

  9. What ‘capacities’? • Authority: the ‘may’; human rights obligations defined in laws, policies (int’l standards); no overlap in duties, duplication, ambiguity • Responsibility: the ‘should’; acceptance of duty, motivation, commitment (moral, legal basis); incentives and sanctions, checks and balances • Resources: the ‘can’; human (knowledge, qualification and competencies),financial resources, institutions; organisational • Also: communications capacities

  10. What ‘capacities’, contd.. • information, education • participation • organisation • monitoring • access to remedies • (administrative, judicial) • laws • policies • services • data, monitoring • remedies fulfill duties CSO claim rights Capacity building duty bearers rights holders Information, participation, organisation, monitoring advocacy technical assistance laws and policies, service delivery UN-CT support

  11. HRBA reinforces, not replaces, ‘good programming’ • Participation • Empowering strategies • Outcomes are as important as processes • Locally owned development • Reduce disparity and avoid retrogression • Analysis of root causes • Accountability and monitoring

  12. Why a HRBA? • Legal and policy reasons: ‘must’ • Instrumental reasons: ‘should’

  13. The ‘must’: law and policy • UN Charter (Article 1), Staff Rules • International law: obligation to ‘respect’ (e.g. IBRD Operational Policies; IFC) • S-G’s reform 1997: ‘mainstreaming’ • S-G’s reform 2002: ‘Action 2’ • UNDG guidelines: CCA/UNDAF, PRSPs • Agencies’ policies and guidelines

  14. ‘Action 2’ of S-G’s 2002 reforms • In order to support Member States in achieving their Millennium Declaration goals: • Action 2: ‘The UN High Commissioner for Human Rights will develop and implement a plan, in cooperation with UNDG and ECHA, to strengthen human rights-related UN actions at country level.’

  15. ‘Action 2’ of S-G’s 2002 reforms • Human rights ‘bedrock requirement’ and collective responsibility of UN system • UNDG Action Plan: strengthen ‘national human rights promotion and protection systems:’ laws, institutions, policies, info/education, redress • 3-year implementation strategy for more cooperative and effective UN support: UNCTs • CCAs, UNDAFs ‘systematically integrate’ human rights (PRSPs, MDGR: promotion of hrs)

  16. The ‘should’: better programming • Enhanced accountability and empowerment • Non-discrimination and equality: reaching the excluded • Analysing root causes of problems • Minimising ‘elite capture’ • Minimising risk of violent conflict • Greater sustainability • Equal relevance of all human rights: CPR, ESCR: integrated approaches to root causes of problems • Empirical and policy research: ERR, aid, governance

  17. Who is doing it? • UN system • Bilaterals • NGOs: Care, Save the Children, ActionAid, WaterAid • Multilateral Development Banks? IDB, IDA/IBRD, IFC

  18. Examples in CCAs • Serbia and Montenegro CCA: duty-bearer, root cause ID’n; claim-holders: data disaggregation, information, organisation, advocacy, redress; clear linkages to human rights and MDG standards • Zambia CCA: rights-based analysis including traditional customs v. women’s rights to land; ESCR; UNCT role in monitoring ‘progressive realisation’ of the right to education (budget % GDP) • Angola CCA identified where government fell short of its obligations under human rights law

  19. Risks and challenges • Entrenched power structures • Good-looking documents v. static reality • Rhetorical, cosmetic change: ‘rights lite’ • How to assess impacts and results, including qualitative, long-term changes? E.g. girls’ education • Relevance of empirical evidence • Incentives and disincentives in UN

  20. How? A short checklist(see p.12 HURIST Guidelines; p.42 CCA/UNDAF Guidelines) • What human rights issues are involved? (treaties, laws, expert recommendations) • What groups are particularly vulnerable or disadvantaged? (right-holders; disaggregate data) • Who must respond? (duty-bearers) • What ‘capacities’ are necessary to help right-holders claim their rights, and duty-bearers fulfill their duties?

  21. How, specifically? • Entry points and strategies depend upon agency mandate and national context (e.g. UNICEF in different regions) Illustrations HURIST Programme reviews; FAQ, p.18: Urban Governance Initiative, Citizen Report Card RMAP (Bosnia); Asia Pacific ‘Rights and Justice’ sub-practice

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