HUMAN RIGHS BASED APPROACH TO PROGRAMMING 22 November 2011 Barbro Svedberg

Right to Education A project aimed at increasing girls access to education in Utopia, and commenced by building more schools in the rural areas. When the schools were build the girls still failed to attend. It was discovered that the success of more girls attending school demanded recognition of other factors that needed to be met.

What is Human Rights Based Approach? Conscious and systematic integration of human rights and human rights principles in all aspects of programming/project work  Does this mean you need to be an expert on human rights?

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

Are you already using a Human Rights Based Approach?  Right holders and duty bearers: Identify first the rights and then the needs from your target group and the obligation of the government to fulfil these needs – as well as the reasons for non- realization of rights? (Context and situation analysis)  Assess capacity /ability of your target group to claim rights and of responsible government/agency to fulfil obligations in programmes?  Monitor and evaluate results and processes?  Use recommendations of international human rights bodies and mechanisms to inform your programmes or projects?  Systematically implement the key HR principles at all stages of programming?

Central elements of a HRBA  Program and projects that further the realization of human rights  Programming is guided by human rights principles, such as universality, interdependence, equality and non-discrimination, participation and inclusion, and accountability  Human rights frame the relationship between rights-holders and duty- bearers  Capacity building for both right-holders and duty-bearers

Key human rights principles  Equality and non-discrimination  Participation and empowerment  Accountability and Rule of Law  Universality and indivisibility

Assessing and analysing the context  In your project what are the main challenges, in terms of realizing human rights?  Who is particularly affected by these challenges? Who is vulnerable?  What are the causes of the challenges/problems identified?  How are these causes relating to principles of non-discrimination and equality, participation and empowerment, accountability and the rule of law, indivisibility and universality?  What is the relevant legal and policy framework?  Who are the rights holders and duty bearers with regard to the challenges identified? What are their rights and responsibilities?  What capacity do have State institutions (as primary duty bearers) to fulfil duties and responsibilities?  What capacity do have rights holders to realize rights?

EXERCISE ANALYSIS  How could you make an analysis of your project from a human rights perspective?  What methods and material would you use?

Planning and design  Which area of intervention is particularly relevant from the human rights perspective? (setting the right priorities based on resources)  How can the goals and objectives for the programme/project be expressed in terms of realizing human rights and fulfilling duties?  Whose rights are aimed at? Whose duties should be focused on?  Do you take into account the views of both duty bearers and rights holders, particularly from marginalised and vulnerable groups?  What kind of indicators can measure the rights and duties dimension?

Planning and design  Whose rights are to be realized? What kind of intervention could strengthen their capacities to ask for and realize their rights?  Who needs to be supported in order to fulfilling duties? What kind of intervention could strengthen their capacities to live up to their responsibilities?  Who has to be involved with a view to support rights holders and duty bearers in their respective role?  Are your partner organisations and staff willing and able to live up to the human rights principles mentioned :  to see and counter the risks of discrimination of marginalized groups during project implementation?  to take into account the views of the marginalized groups during implementation?  to be transparent and accountable during implementation?

EXERCISE PLANNING  How would you create a process for planning and design of your project that includes both duty-bearers and right-holders?  How can you find the best priorities according to human rights standards? What methods would you use?

Implementation  Does the implementation process respect the human rights principles mentioned?  Do implementation activities avoid discrimination and exclusion, particularly within the targeted groups?  Do implementation approaches and activities take into account the (possibly critical) views of the target groups?  Is the program/project transparent in its implementation activities?  Do the institutional set-up, the working practice, and the staff’s behaviour respect the human rights principles mentioned?  Do the institutions involved include marginalized groups in decision-making on implementation?  Do the accountability mechanisms within the project involved function effectively?

EXERCISE IMPLEMENTATION  How can you ensure participation, non- discrimination and accountability in implementing your project?  What methods would you use?

Monitoring and Evaluation  Do you monitor the principles of non-discrimination, participation and accountability:  Have opinions from both the right-holder and duty-bearers been heard during the project? (participation)  Have you considered who can take part in and benefit from your program activities? (non-discrimination)  Have you communicated the project to all stakeholders? (accountability)  Do you monitor the capacities of duty bearers to fulfil their responsibilities? The capacities of rights holders to realize their rights?  Are disaggregated data available, with a view to give a differentiated picture of impact?

EXERCISE MONITORING  How can you follow-up on the result of your project and use the results to improve your project from a human rights perspective?

A Human Rights Based Approach…  Emphasizes processes and result  Draws attention to marginalized populations or groups  Extends and deepens participation  Ensures local ownership of development processes  Strengthens accountability of all actors

Challenges Common to a HRBA  Time-intensive  Requires knowledge and leadership  Working with many participants  Communication What other challenges to HRBA have you come across in your work or can think of?

Why should we use a human rights based approach?  Promotes realization of human rights, helps government partners achieve human rights commitments  Increases and strengthens participation of local community  Improves transparency  Promotes results  Increases accountability  Reduces vulnerabilities