RIGHTS-BASED APPROACH TO DEVELOPMENT Trilochan Pokharel & Anil Gupta, NASC

Presentation Outline NASC, Policy Discourse 2. Principles and Concept of RBA 3. Application of RBA 4. Issues about RBA 5. Conclusion

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Policy Discourse NASC, Charity ApproachNeeds ApproachRights-based Approach Focus on input not outcome Focus on input and outputFocus on process and outcome Emphasizes increasing charity Emphasizes meeting needsEmphasizes realizing rights Recognizes moral responsibility of rich towards poor Recognizes needs as valid claims Recognizes individual and group rights as claims toward legal and moral duty-bearers

Contd… NASC, Charity ApproachNeeds ApproachRights-based Approach Individuals are seen as victims Individuals are objects of development interventions Individuals and groups are empowered to claim their rights Individuals deserve assistance Individuals deserve assistance Individuals are entitled to assistance Focuses on manifestation of problems Focuses on immediate causes of problems Focuses on structural causes and their manifestations

Generations of human rights NASC, First generation rights - civil and political (CP) rights (the right to a trial, not to be tortured), Second generation rights - economic, social and cultural (ESC) rights (the right to food, housing, a job) Third generation rights – environmental security, development Fourth generation –???

Who is right-holder? NASC, A rights-holder,  is entitled to rights  is entitled to claim rights  is entitled to hold the duty-bearer accountable  has a responsibility to respect the rights of others

NASC, Concept of RBA and Guiding Principles

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Concept of RBA NASC,  Recognizing people’s needs as rights (i.e. not only do people have a need for clean drinking water but they also have a right to it).  It shifts focus of development from servicing needs to building capacity of individuals and communities to understand, claim and fulfill their rights.  It is conscious and systematic integration of rights and principles into development work.

Contd... NASC,  It emphasizes and deepens participation.  It empowers marginalized communities.  It encourages local ownership of development programmes.  It leads to greater accountability from all actors at all levels.  It provides tools for dialogue and engagement with duty-bearers.

Guiding Principles of RBA NASC,  Universality and inalienability  Indivisibility  Interdependence and interrelatedness  Equality and non-discrimination  Participation and inclusion  Accountability and the rule of law

Why RBA to development? NASC, Normative reasons RBA puts values and politics at the centre of development A vision of what ought to be Programme reasons A means to ensure accountability including non-state actors Rights imply duties and duties demand accountability Ethical reasons Exposes power relationships in society Sharpens the political edge of participation

What can we do with RBA? NASC,  RBA to development sets the achievement of human rights as an objective of development.  It uses thinking about human rights as the scaffolding of development policy.  It invokes the international apparatus of human rights accountability in support of development action.

Essential Human Rights to Development NASC, Human rights necessary for survival and dignified living include: The rights to life and liberty The right to a standard of living adequate for health and wellbeing of the individual and his/her family The right to social protection in times of need The right to the highest attainable standard of physical and mental health The right to work and to just and favourable conditions of work The rights to food, and housing The rights to privacy and to family life

Contd... NASC, Human rights also cover those rights and freedoms necessary for human dignity, creativity and intellectual and spiritual development, for example:  The right to education and to access to information  Freedoms of religion, opinion, speech, and expression  Freedom of association  The right to participate in the political process  The right to participate in cultural life

Contd... NASC, They also include those rights necessary for liberty and physical security, for example:  Freedom from slavery or servitude  The right to security of person (physical integrity)  The right to be free from arbitrary arrest or imprisonment  Freedom from torture and from cruel, inhuman or degrading treatment or punishment.

Contd... NASC, Cross-cutting are the twin principles of the equal rights of women and men, and the prohibition of discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

NASC, Application of RBA

Human Rights Dimensions NASC, Aspects of HRRespectProtectFulfill Civil and political rights Torture, extra- judicial killings, disappearance, arbitrary detention, unfair trials, electoral intimidation, disenfranchisement Measures to prevent non-state actors from committing violations, such as torture, extra- judicial killings, disappearance, abduction, and electoral intimidation. Investment in judiciaries, prisons, police forces, and elections, and resource allocations to ability

Human Rights Dimensions NASC, Aspects of HRRespectProtectFulfill Economic, social and cultural rights Ethnic, racial, gender or linguistic discrimination in health, education, and welfare and resource allocations below ability Measures to prevent non-state actors from engaging in discriminatory behaviour that limits access to health, education, and other welfare Progressive realization Investment in health, education, and welfare, and resource allocations to ability

A process example… NASC,

Some questions with human face! NASC,  Are human rights relevant to your work? RBA to development planning is about safeguarding basic rights both during planning and implementation and should be a guide in programme design and resource allocation at all levels.

Contd… NASC,  Is there human face visible in your planning?  Pro-people planning  Participation  Voice  Has your plan ensured quality growth?  Participation  Pro-poor growth  Reducing inequality  Sustainable growth

Focus Area… NASC,  Most Vulnerable  Root Causes  Rights-holders and duty bearers  Empowerment

RBA – a crosscutting issue NASC,

Process of RBA NASC,

Process NASC,

Mainstreaming rights into development NASC,  Change the view of development (e.g. poverty)  View development as question  Form, mobilize and empower peoples organizations  Ensure equal access, control and ownership over public resources  Mobilize public resources in a sustained and proper way  Regarding service receivers as the strength

Issues related to RBA NASC,  Hierarchy of rights  Balancing individual and collective rights (and responsibilities)  Progressive realization- resource constraints  Role of international and non-state duty bearers  Measuring accountability  Legal status of accountability  Planning process- bottom-up vs top down  Policy analysis – macro vs micro

What determine application of RBA NASC,  Ability factors – governance, society and international systems  Willingness factors – commitment, confidence, values  Instrumentality factors – moral, legal and techno- managerial instruments  Environmental factors

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Conclusion NASC,  Owners of resources are the people  Poor, women, Dalits, victimized and the ethnic minorities must get equal opportunity  An environment where people can get education, health services, social security and freedom to participate in politics must be made  Participation must be broad and meaningful

Contd... NASC,  Active participation of the targeted people is a must in the decision making process of every development activities  Access to resource and control over it must be vested upon the poor and the voiceless people  Enhance self reliance and help each other to solve common problems  Establish basic needs as basic rights  Outcomes and processes

Suggested readings NASC,  McInerney Lankford, Siobhan & Sano, Hans-Otto, 2010, Human Rights Indicators in Development: An Introduction, Washington DC: The World Bank.  Boesen, J. K., & Martin, T., 2007, Applying A Rights-Based Approach: An International Guide for Civil Soceity, Copenhagen: The Danish Institute for Human Rights.  National Planning Commission, 2011, Three Year Plan 2010/ /13, Kathmandu: National Planning Commission.  UNDP, 2006, Applying A Human Rights-Based Approach to Development Cooperation and Programming, New York: UNDP.