Human Rights in the Context of UN Reform

What is the UNDAF? Strategic programme framework for the UN Country Team Describing collective UN response to MD/MDG related national priorities Demonstrate the UN Comparative advantage Strategic positioning

UNDAF - Strategic focus Support in areas where the UNCT can make the biggest difference; Address root causes; The UNCT has comparative advantage to address the identified problems; Sufficient resources are available, or can be mobilized; Alignement with key actors/stakeholders engagement.

1.Top strategic priority 2.Potential high priority: use negotiation/consensus building to seek alignment 3.Potential high priority: draw on regional/global UN capacity where feasible 4.Lower priority: does not meet major challenge Strategic Priority Setting for UN Country Teams UNCT Comparative Advantage Alignment of key actors to support UNCT action Major Challenge MD/MDGs/ International norms

Human Rights and Development

What are Human Rights? 3 cards per table You have 10 minutes

Universal legal guarantees Civil, cultural, economic, political and social Protect human values (freedom, equality, dignity) Inherent to individuals and, to some extent, groups Grounded in international norms and standards Legally binding on States What are human rights?

What is Development? 3 cards per table You have 10 minutes

Economic development (Marshall Plan) Technical Assistance (cold-war) Community Development Basic Needs Approach Sustainable Development Sustainable Human Development ‘Political Economy’ Human Rights-based Development Evolution of the ‘Development’ Regime

Human development Process of enhancing people’s capabilities Expand choices and opportunities Lead a life of respect and value … and Human rights Claims to be protected from abuses and deprivations Secure the freedom for a life and dignity Requires capacity that development makes it possible The linkage between …

Similarities Common objectives Tools for accountability Progressive realization Similar guiding principles Gender equality is integral Programming complementarities Align each MDG with HR HR standards add quality to MDGs’ numerical targets HR adds quality to MDG process HR helps reduce disparities MDGs and human rights

Gender mainstreaming Considers implications of any actions on both women and men Makes both women’s and men’s concerns integral to all phases of programming Ultimate goal: gender equality … and women’s rights CEDAW: Legal demand for non-discrimination Women’s rights are central to HRBA Ultimate goal: gender equality and realization of all human rights for both women and men on equal terms The linkages between …

Human rights and conflicts Violent conflict prevents the realization of human rights Non-realization of human rights may lead to violent conflict Violation of human rights often represents manifestation of conflict emergence or escalation There is a reciprocal relationship between human rights and conflict prevention. Violations of human rights are a root cause of conflict; they are also a common consequence of it. Secretary-General’s Progress Report on the Prevention of Armed Conflict (2006)

...To achieve international cooperation…in promoting and encouraging respect for human rights and for fundamental freedoms… --UN Charter, art. 1 Human rights in the UN

UN Charter UDHR Cold War Development Human Rights Copenhagen Cairo Vienna Beijing UN Reform Agenda 1997/2005 Peace & Security humanitarian action

Milestones of HR mainstreaming UN Charter, UDHR and international treaties 1993 Vienna Declaration & Plan of Action2000 Millennium Declaration2005 World Summit 2007 TCPR & 2008 Accra Aid Effectiveness

‘In Larger Freedom’ Humanity will not enjoy... security without development development without security either security or development without respect for human rights

Human Rights Promotion and Protection Systems

National protection system Ensuring sustainable respect for human rights requires: Constitutional and legal framework Effective institutions (parliament, government, judiciary, public administration, human rights institutions) Procedures and processes including effective remedies Policies and programmes, including awareness raising Vibrant civil society and free media

UN Charter UDHRHRC ICCPRICESCR CERDCEDAW CATCRC National Protection Systems CMW Other International Instruments Regional Regimes CRPD Human rights instruments

Treaty bodies Treaty bodies monitor and facilitate the implementation of the treaties through:  Reviewing State Party reports and additional sources of information  Adopting observations and recommendations  Adopting General Comments on HR Standards contained in the treaty  Examining individual complaints (some of them)  Making confidential inquiries (some of them)

National Regional Int’l Global & regional protection are complementary Global & regional norms require national implementation Global & regional protection if national remedies have been exhausted National norms should be consistent with global and regional standards Links between national, regional and international protection systems

Special procedures Country mandates (8) Burundi Cambodia DPRK Haiti Myanmar Palestinian territories Somalia Sudan Thematic mandates (27) ► Adequate housing ► African decent ► Arbitrary detention ► Sale of Children ► Education ► Enforced Disappearances ► Extrajudicial executions ► Extreme poverty ► Food ► Foreign debt ► Freedom of opinion & expression ► Freedom of religion ► Health ► Human rights defenders ► Independence of judges and lawyers ► Indigenous people ► Internally displaced persons ► Migrants ► Minority issues ► Racism ► Slavery ► International solidarity ► Terrorism ► Torture ► Transnational corporations ► Water and sanitation ► Violence against Women

Group exercise At your tables: Three tables identify 3 opportunities for UN system at country level in using HR instruments/protections systems Two tables identify 3 challenges for UN system at country level in using HR instruments/protection systems You have 20 minutes

Duty-bearers Respect Protect Fulfill Prevent others from interfering with the enjoyment of rights Refrain from interfering with the enjoyment of rights Adopt appropriate measures towards full realization of rights Human rights obligations Right to water Do not disconnect supply without due process Pro-poor price regulation when supply is privatized Ensure, over time, everyone is connected

Progressive realization of economic, social and cultural rights The Covenant provides that States can progressively realize ESC rights: By taking appropriate measures To the maximum of available resources Where needed, through international assistance and cooperation But some aspects need immediate actions: Elimination of discrimination Rights that are not resource- dependent Obligation to ‘take steps’ Avoid retrogressive measures ‘Minimum core obligations’

Minimum core obligations under ICESCR Ensure the right of access to employment Ensure access to the minimum essential food Ensure access to basic shelter, housing and sanitation, and an adequate supply of safe drinking water Provide essential drugs as defined by WHO Ensure free and compulsory education to all Ensure access to a social security that provides minimum essential level of benefits as above

CESCR: General Comments Defines the content of rights (e.g. the right to education): Availability Accessibility –Non-discrimination –Physical accessibility –Economic accessibility (affordability) Acceptability Adaptability Best interest of students

Concluding observations State Civil Society State reports Shadow reports Treaty bodies UNCT Provides its Own inputs Programmes support State implementation Supports reporting Process

Value of international human rights mechanisms in development work Advocacy tool: Open opportunities to have dialogues around sensitive issues Accountability tool: HR bodies provide transparent mechanisms to monitor government efforts Analytical tool: Help understand underlying and root causes of development problems Programming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)

The Human Rights Based Approach in Programming Process

What is a human rights-based approach? What is NOT a HRBA … Rhetorical repackaging Human rights activities Political conditionality

The human rights-based approach is a conceptual framework that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights Aim: to create the conditions under which people can live in dignity and peace and develop their full potential What is a human rights-based approach?

1.All programmes of development co-operation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments 2.Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 3.Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights 1.All programmes of development co-operation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments 2.Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 3.Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights GOAL PROCESS OUTCOME UN common understanding on HRBA

All programmes of development co- operation should further the realization of human rights as laid down in the UDHR and other international human rights instruments GOAL Common understanding on HRBA (1)

Programming strengthened by Human Rights Mechanisms Observations by Treaty Bodies and Special Procedures → Analysis of development issues from a HR lens Recommendations by Treaty Bodies and Special Procedures → Provide tools for UN programming to address problems identified General comments by Treaty Bodies → Identify the precise content of development objectives by clarifying the meaning

Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process PROCESS Common understanding on HRBA (2)

The integration of human rights principles and standards into all stages of the programming process ASSESSMENT & ANALYSIS PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION MONITORING AND EVALUATION

Human rights principles Universality and inalienability Indivisibility Interdependence and interrelatedness Equality and non- discrimination Participation and inclusion Accountability and the rule of law

Group work! At your tables, and each table takes one set of principles and discuss: What do the principles of (equality and non- discrimination; participation and inclusion, and accountability and the rule of law) mean, and what are some of the questions to be posed and answered in the programming process? Summarize your discussion in max 1 flipchart sheet You have 30 minutes

Equality and Non-Discrimination Is there a legal framework that guarantees the principles of equality and non-discrimination, and what mechanisms are in place to give effect to these principles? How do you know who is vulnerable/marginalized or discriminated? Do we have sufficient data available to take informed decisions? Are there laws, institutional administrative or regulatory practices that are discriminatory against a particular group of the population? Is there a prevailing culture of “de facto” discrimination in society?

Participation and Inclusion Are marginalized and excluded people able to participate freely in their own development? Who are the stakeholders / target beneficiaries? Why? How do we select target groups? How will/are they participating? Who is facilitating the participation process? Who is not participating and why? What is their influence and power?

Accountability and the Rule of Law Who is the program accountable to? Are there mechanisms in place for people to seek redress if they have complaints?

Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights OUTCOME Common understanding on HRBA (3)

Rights-holders and duty bearers Rights-holders: 6,783,421,727 (World population est 31/5/2009) Every individual, either a man, woman or child, of any race, ethnic groups of social condition Groups (to some extent) Duty bearers: Primarily States In some cases, certain individuals have specific obligations Individuals and private entities also have generic responsibilities towards the community to respect the rights of others

The role of capacity development

The HRBA in UN programming Analysis UNDAF CPs Strengthened capacity of rights-holders and duty-bearers CP outcomes Causal connections of rights Patterns of discrim. inequality, and exclus Capacity gaps of RHs and DBs Analysis of Development challenges Empowered rights-holders and accountable duty-bearers contribute to the realization of human rights UNDAF Outcomes M&E Systems Mechanisms for participat. of RHs & DBs in programme monitoring

Overview of conflict prevention tools and methodologies

Day 3 RBM - Linking rights and results

How to integrate human rights? Government-UN cooperation helps… Those who have entitlements to claim them Those who have responsibilities to honour them Focus on the most excluded, disadvantaged 3 key questions… –Whose rights are not being met? –Who has a responsibility to act? –What do these people need to be able to act? (authority, skills, resources)

Practical Implications What it doesn’t mean …that for every article of every convention there must be a national policy or programme response with specific indicators What is does mean.. Policy development and programmes should address the causes and capacity gaps that prevent some people from enjoying their rights.

HRBA to Results Based Programme Planning Impact:Realization of human rights, as laid down in international instruments ↑ Outcome: Increased performance of rights- holders and duty-bearers ↑ Outputs: Capacity development of RHs, DBs ↑ Process:Guided by Human Rights principles

HRBA  RBM Outcomes – A change in the performance of rights holders and duty-bearers –What are RH and DB doing differently? Outputs – A change in the capacities of RH and DB? –What are the new services, products, authority, responsibility, skills, resources that contribute to performance?

Day 3 Linking Rights with results: The three step approach 1. Causality Analysis

3 Detailed Steps 1. CAUSAL ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

Country Analysis GATHERING INFORMATION About development problems from existing sources, esp. national treaty reports and observations and recommendations from treaty bodies ANALYSIS Of root causes & their linkages ASSESSMENT Shortlist major development problems for deeper analysis

What is causality analysis? The essential first step for HRBA and RBM A technique for identifying causes of a problem which can then be used to formulate appropriate responses We can map the problem and its causes in the form of a problem tree

66 Why a causal analysis? If a problem is caused byconditionsthree

67 Why a causal analysis? If a problem is caused byconditionsthree All three conditions mustbeaddressed

Rights-based programming analysis WHY Causal analysis are rights being violated/not met? WHO are the duty-bearers? Responsibility analysis What are their ideal and actual roles? Role-pattern analysis WHAT capacities do duty-bearers Capacity gaps analysis have to fulfill their duties and what capacities do rights-holders have to claim their rights?

74 Rights not fulfilled Basic /structural causes “Society, Policies, Resources” Underlying causes “Services, Access, Practices” Immediate causes “Status” Causal analysis: “why?”

Causality Analysis Identifying which rights are not being realized and their immediate, underlying and root causes Immediate causes – the most direct cause affects individuals and households; Underlying causes normally involve service delivery and behavior Root causes include things such as tradition, economic resources, ideology

81 Immediate Causes Underlying Causes Root Causes Problem 1: HIV/AIDSProblem 2: Girl’s Education Core Problem Area Gender Discrimination

Group Instructions: Causal analysis/problem tree  Break into the 8 Sector outcome groups Identify one development challenge or problem manifestation within that sector,  discuss and identify immediate, underlying and root causes  Build a problem tree  Select one chain of the problem tree and identify rights that are not being realised

Step 2. Responsibility and role pattern analysis

3 Detailed Steps 1. CAUSAL ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

Analyse responsibilities and claims and the relationships between rights holders (RH) and duty bearers (DB) Identify duty bearers and their responsibilities for respecting, protecting and fulfilling rights Identify patterns of relationships between different levels – duty bearer may also be a rights holder against the next level

Rights-based programming analysis WHY Causal analysis are rights being violated/not met? WHO are the duty-bearers? Responsibility analysis What are their ideal and actual roles? Role-pattern analysis WHAT capacities do duty-bearers Capacity gaps analysis have to fulfill their duties and what capacities do rights-holders have to claim their rights?

Step 3 Capacity Gap Analysis

3 Detailed Steps 1. CAUSAL ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

Capacity Analysis in HRBA essential prerequisite for duty bearers to be able to fulfill their responsibilities and for claim holders to claim their rights entails different elements, all of which need to be analysed to identify capacity development needs

Analysis of duty-bearers’ capacity gaps Motivation(accountability) Does duty bearer feel an obligation to perform the role according to the obligation? If not why not? Authority Does duty bearer have authority to perform the role according to the obligation? If no who does? Resources Does duty bearer have human, organisational and financial resources to perform the role according to the obligation? If not, what’s missing?

Analysis of rights-holders’ capacity gaps Understanding Does the rights-holder know that he or she has rights and can claim them? If not, why? Resources Does the rights-holder have the financial, technical and human resources to claim his or her rights? If not, why? Risks What risks might ensue from claiming his or her right?

Group Instructions: Role and capacity gap analysis  Take the same causal chain Identify Rights- Holders and Duty-Bearers, their roles and responsibilities For each RH discuss/identify the capacity gaps which explain why they are not claiming their rights  For each DB discuss/identify why they are not discharging their obligations  Identify possible legal, institutional and policy gaps

The role of capacity development