Human Right Impact Assessment as an approach for analysis

1. Human Right Impact Assessment as an approach for analysis Martha Meijer October 2006

2. Human Rights Impact Assessment Approach Contains the following 8 steps: • Describe the current human rights situation • Analyse the political context • Formulate the objectives for change • Select issues to be monitored, essential questions • Formulate policy options • Take and implement the intervention • Perform the monitoring process • Carry out the evaluation

3. Model for problem analysis Step 1: Describe the current situation Step 2: Analyse the political environment Step 3: Formulate the ideal situation The comparison of the results of step (1+ 2) and those of step 3 makes the problem explicit.: the difference between Das Sein and Das Sollen Using the human rights framework for both the real and the ideal situations makes the possible strategies for change more focused.

4. Model for monitoring change Step 4: selecting the important issues as indicators for improvement These should be based on the analysis of step 2 (das Sein) and the main elements of step 3 (das Sollen). In my case study I correllated these reality indicators with the objective-related indicators in the matrix which resulted in possibilities for selecting priorities.

5. Designing strategies Step 5: formulating options for interventions = strategies for change. From the matrix one can conclude which issues and priorities can/should be tackled in the most consistent way for maximum effectiveness. It also provides a basis for a discussion on strategies.

6. The case study: Impunity in Indonesia

7. Step 1: The current situation • description on the basis of international and Indonesian human rights reports • to give an overview of current violations • for the period 2004-2005

8. Step 2: The political context • focused on impunity • evolved into an analysis of cause-effect relations regarding impunity • for the period 1965-2005 • resulted in 4 patterns that facilitate impunity in a way that is sustainable by their interlinkages

10. Four patterns of impunity • The aspects related to power • The legal aspects • The cultural aspects • The international aspects

11. Power factors • the role of the army based on the dual function in society, • the wide responsibilities of different army units as to security and order; • the use of sexual violence in repression; • the economic and political interests of the army; • the relation of complicity and rivalry between police and army; • paramilitary groups that fall outside the authorities' responsibilities.

12. Legal factors • the repressive laws as such • the corruption in the law-enforcement • the would-be legal reform such as • Truth and Reconciliation Commission • Abundant control mechanisms • Impunity by prosecution

13. Cultural factors • the culture of feudalism • the culture of violence, • the culture of fabrication • the culture of corruption

14. International factors • the international human rights systems, • ratification by Indonesia of human rights conventions, • international jurisdiction, • bilateral relations between governments, • conditionality.

15. Step 3: The objectives for change • focused on fighting impunity • using UN guidelines by Orentlicher: • the right to know • the right to justice • the right to reparation • the guarantee of non-recurrence • pragmatic and hardly analytic

16. Step 4: The issues to be monitored • listing the issues where the patterns of impunity conflict with the objectives for change • resulted in a number of specific indicators to be monitored • issues for priorities and strategies.

17. The matrix of indicators • Issues from reality – what are the important factors? • Issues from the objective – how would one identify the attributes of the aims? • Cross cutting clarity on the indicators • Facilitate the choice of strategy • The most urgent • The most feasible • The most appropriate

18. Step 5: The recommendations • to be discussed by Indonesian human rights community • my choice: • Change traditional attitudes • Bring the army under civilian control and violators to court • Fight corruption in administration of justice • Bring the TRC in line with UN recommendations • Establish a documentation centre

19. Lessons from the case study (step 1) • Set-up by DIHR has been adapted. • Aimed at comparison instead of analysis • Criteria as to budgetary importance of ESC-rights is questionable • Consider not only ratifications, but also responses to Treaty Body reports

20. Lessons from the case study (step 2): • breaking down the problem into patterns (actors + factors + sectors) • smaller "obstacles" made the different but interdependent mechanisms become clear • Still difficult to keep the focus!

21. Lessons from the case study (step 3): • The objective to be formulated in human rights terms. • Was not too difficult in this case; • Although the Orentlicher guidelines were empirical not analytical but (what have states done so far, instead of what should be done).

22. Lessons from the case study(step 4): • Issues to be monitored involve a political choice of what is important in terms of the change that is aimed at. • And these serve not only as indicators to be monitored, but also as issues on which to target advocacy activities.

23. Lessons from the case study (step 5): • The choice of strategies is primarily to be done by domestic actors. • What is the competency of international actors in strategy design? • Can we link the pattern of international factors to the international actors?

24. The impact of HRIA approach • Taking the steps in the right order • Breaking down = building up • Identify actors, factors, sectors (of reality), elements, attributes (of objectives) • Formulating the objective in human rights terms • Basis for discussion and problem analysis • Strategy design and strategic task division.