The Human Rights-Based Approach in German Development Cooperation Folke Kayser folke.kayser@giz.de Contribution to the DFAT NGO Forum Dublin, 17 Feb 2012

Understanding of the human rights-based approach (HRBA) Strengthen HR with devt coop Reference to and orientation on HR standards from UN treaties and their interpretations Systematic application and promotion of HR principles of non-discrimination, participation, transparency and accountability Capacity development of duty-bearers to fulfill HR and of right-holders to claim and realise HR No violation of HR by devt coop

HRBA: Change of perspectives Claim and realise rights Right-holders “Needy” target groups Duty-bearers State partners Fulfil their duties to respect, protect & fulfil rights

§ Added value of the HRBA Povert y reduction Gender Good Governance Conflict prevention Linking existing key topics of German devt coop to binding rights  Ownership, legitimacy, political lever § HR instruments useful tools for devt coop: General Comments & UN guidelines on HR:  Technical benchmarks State reporting, UPR, Spec. Rapporteurs:  Tools for situation analysis in country Focus on structural causes of under-development and conflict: discrimination, unfair power relations, exclusion, violence  Greater impact of aid, more sustainable development changes

Experiences with HRBA in health, water and education programmes No radical shift, but different perspective. Partly confirmation partly re-orientation of programme design and implementation: Building capacities and awareness on relevant rights of govt and non-governmental partners, media, parliament More differentiated data collection More systematic analysis and inclusion of marginalised groups (e.g. people with disabilities, sexual minorities) Addressing issues with high HR relevance, focus on quality aspects (e.g. gender-based violence, discrimination in public health facilities, bilingual intercultural education) Stronger focus on governance issues within technical sectors: participation, transparency , accountability New alliances and cooperation with civil society and NHRI, strengthening watch dog and advocacy role

Experiences with HRBA at political level HRBA and specific HR projects possible in every political context, though not always conducive to mention HR explicitly Kenya welcomed HRBA as additional political lever for pro-poor water policies: added legitimacy, more endogenous funds, argument towards WB, concrete policy benchmarks Constructive engagement more effective than blaming: Bangladesh: prison reform first addressed via “technical issues” (public health, security) now Bangladesh proud of advances in HR Addressing HR in political dialogue: important; using both incentives and careful and well-targeted aid conditionalities HRBA often makes aid more political – also in technical sectors HRBA greater effort in the short run but better development results in the long run

Experiences with HRBA from the organisational perspective Important to overcome misconceptions about HR: extensive capacity building Make HRBA concrete and understandable at programme level: intensive advisory work Mainstreaming fatigue: but HR can serve as conceptual bracket for other topics Focus on instrumental rather than on normative value of HR for development Reputational risks from HR most effective driver for management commitment

Participation Empowerment Equality of opportunities Model of the HRBA Human Rights National Law Policies Strategies Rights Know Claim Realize Participation Empowerment Transparency Accountability Non-discrimination Equality of opportunities Right- holders Duty- bearers Capacity development Awareness building Rights Respect Protect Fulfil Availability Accessibility Adequacy Quality

Human rights and poverty dimensions Right to life, liberty and security of person Prohibition of torture, right to a fair trial Right to social security Security-related Human security, vulnerability Right to gain a living by work Right to own property Decent and fair conditions of work Right to information, right to take part in public affairs Freedom of opinion, freedom of assembly, freedom of association Economic Income, property, consumption Political Rights, influence, freedom Human Health, nutrition, education Socio-cultural Status, dignity Right to an adequate standard of living Right to food, housing, water, sanitation Right to education, right to health Inviolable human dignity Right to non-discrimination Right to take part in cultural life and to enjoy the benefits of scientific progress