The Human Rights Based Approach to Data Theme: Data for Sustainable Development Presented at the National Data Forum, Uganda November 16 2017 Imperial Royale Hotel, Kampala Intro

Session Outline Session 1: The link between human rights & 2030 Agenda (4mins). Session 2: The human rights based approach to data (4mins). Session 3: Conclusion & recommendations (2mins).

Session 1: The link between human rights & 2030 Agenda

Session 1: The link between human rights & 2030 Agenda Preamble The SDGs seek “seek to realize the human rights of all” Para 8 We envisage a world of universal respect for human rights and human dignity, the rule of law, justice, equality and non-discrimination; of respect for race, ethnicity and cultural diversity; and of equal opportunity Para 10 The new Agenda is guided by the purposes and principles of the Charter of the United Nations, including full respect for international law. It is grounded in the Universal Declaration of Human Rights, international human rights treaties….. Para 18 We reaffirm our commitment to international law and emphasize that the Agenda is to be implemented in a manner that is consistent with the rights and obligations of states under international law. Para 19 We emphasize the responsibilities of all States, in conformity with the Charter of the United Nations, to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.

Session 2: The human rights based approach to data. This framework operationalize the concept of …Leaving No One Behind…in the 2030 Development Agenda. Emphasizes a more systematic data disaggregation to help achieve and measure the goals… International human rights instruments, including ratified treaties, compel to data disaggregation to monitor inequalities and discrimination (e.g. ICRPD, Art 31)…

Session 2: The human rights based approach to data. International human rights mechanisms urge data disaggregation by prohibited grounds of discrimination…e.g. Race Colour Sex Language Religion Political or other opinion, national or social origin Property Birth Disability Or other status

Session 2: The human rights based approach to data. Other grounds for data disaggregation could include…e.g. Indigenous peoples Homeless persons People living in slums Nomadic populations Religion Casts Minorities Youth/older persons Undocumented migrants Refugees, IDPs Persons living with HIV/AIDS Street children Prisoners etc

Session 2: The human rights based approach to data. Principles underpinning human rights based approach to data… Participation: All data collection exercises should include means for free, active and meaningful participation of relevant stakeholders, in particular the most marginalized population groups. Data disaggregation and collection by population group: HRBAD requires a move from traditional data collection and analysis, which concentrate on national averages and risk masking underlying disparities. An HRBAD focuses instead on the most disadvantaged or marginalized and on inequalities among the population.

Session 2: The human rights based approach to data. Self-identification: Data collection exercises, whether through census, specialized population surveys or administrative records (e.g., vital statistics), should not create or reinforce existing discrimination, bias or stereotypes exercised against population groups, including by denying their identity(ies). Any objections by these populations must be taken seriously by the data producers.

Session 2: The human rights based approach to data. Transparency: Also referred to as the right to information, it is a fundamental attribute of the freedom of expression. The freedom to seek, receive and impart information is specified in international human rights treaties. Privacy: Data collected to produce statistical information must be strictly confidential, used exclusively for statistical purposes and regulated by law.27 As stated in the International Covenant on Civil and Political Rights, No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.28

Session 2: The human rights based approach to data. Accountability: Appropriately anonymized microdata should be made available to academics, CSOs and other stakeholders to facilitate the development of accountability systems. Publication of relevant and disaggregated indicators can aid accountability by supporting CSOs in formulating human rights claims and possible recourse to complaints systems backed up by evidence.

Session 3: Conclusion & recommendations HRBAD leads to better processes and outcomes. Addresses inequalities associated to development and also, discrimination. Recommend Integration of international human rights norms, standards and principles into NSI and RRF for Uganda. Strengthening capacity of institutions mandated to management of data in Uganda. And close collaboration with UHRC on HRBAD

Human Rights-Based Approach to Data: Leave No One Behind in the 2030 Agenda HRBA to Data: grounded in international human rights norms and principles