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? NEEDS RIGHTS s People as objectwith needs Needs only imply promises People as subjects with claims Rights always imply obligations

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

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

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

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

What is a HRBA? 1.Development furthers human rights as defined in international standards 2.Human rights standards, principles, guide development cooperation and UNCT programming in all sectors and phases 3.UNCT programming contributes to the development of capacities of: ‘duty bearers’ to meet their obligations ‘rights-holders’ to claim their rights

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

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

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

Why a HRBA? 1.Legal and policy reasons: ‘must’ 2.Instrumental reasons: ‘should’

The ‘must’: law and policy 1.UN Charter (Article 1), Staff Rules 2.International law: obligation to ‘respect’ (e.g. IBRD Operational Policies; IFC) 3.S-G’s reform 1997: ‘mainstreaming’ 4.S-G’s reform 2002: ‘Action 2’ 5.UNDG guidelines: CCA/UNDAF, PRSPs 6.Agencies’ policies and guidelines

‘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.’

‘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)

The ‘should’: better programming 1.Enhanced accountability and empowerment 2.Non-discrimination and equality: reaching the excluded 3.Analysing root causes of problems 4.Minimising ‘elite capture’ 5.Minimising risk of violent conflict 6.Greater sustainability 7.Equal relevance of all human rights: CPR, ESCR: integrated approaches to root causes of problems 8.Empirical and policy research: ERR, aid, governance

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

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

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

How? A short checklist (see p.12 HURIST Guidelines; p.42 CCA/UNDAF Guidelines) 1.What human rights issues are involved? (treaties, laws, expert recommendations) 2.What groups are particularly vulnerable or disadvantaged? (right-holders; disaggregate data) 3.Who must respond? (duty-bearers) 4.What ‘capacities’ are necessary to help right-holders claim their rights, and duty- bearers fulfill their duties?

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