Human Rights-Based Approach in the Programming Process.

Human Rights-Based Approach in the Programming Process

Session objectives Understand what a human rights-based approach to programming is Understand the importance and added value of HRBA to development programming Understand the main implications of applying a human rights-based approach to UN common programming Apply the HRBA to the analysis of real country development challenges in three basic steps: causal, role pattern and capacity gap analysis

Five UNDAF inter-related programming principles

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)

What is a human rights-based approach? A conceptual framework for the process of development:  normatively based on international HR standards and principles  operationally directed to promoting and protecting HR  Recognizes human beings as rights-holders and establishes obligations for duty-bearers.  Focus on discriminated and marginalized groups  Aims for the progressive achievement of all human rights  Gives equal importance to the outcome and process of development

Why a human rights-based approach to development? Normative value universal legal standards for a life with dignity Instrumental value Contributes to more sustainable development outcomes Ensures a higher quality of the process Clarifies the purpose of capacity development Institutional reasons (UN comparative advantage) impartiality to deal with sensitive issues holistic analysis and integral responses to problems

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

1. 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  The realization of human rights is the ultimate goal of all development programmes  HRBA influences the identification of UN strategic priorities  Programming is informed by the recommendations of International HR bodies and mechanisms  The realization of human rights is the ultimate goal of all development programmes  HRBA influences the identification of UN strategic priorities  Programming is informed by the recommendations of International HR bodies and mechanisms GOAL

2) Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process  Human Rights standards and principles improve the quality of outcomes and processes  Human rights standards delineate the ‘playing field’ in which development takes place  HR principles provide the “playing rules” for the development process.  Human Rights standards and principles improve the quality of outcomes and processes  Human rights standards delineate the ‘playing field’ in which development takes place  HR principles provide the “playing rules” for the development process. 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  Focus on relation individuals-State (claims-obligations)  Shifting development from service delivery as primary focus to building capacity to claim and fulfil human rights  States require capacity to strengthen national protection systems and comply with their obligations  Focus on relation individuals-State (claims-obligations)  Shifting development from service delivery as primary focus to building capacity to claim and fulfil human rights  States require capacity to strengthen national protection systems and comply with their obligations OUTCOME

Rights-holder and Duty-bearers Right-holders: 7.095.306.380 personas (aprox.)  Every individual, either a man woman or child, of any race, ethnic group or social condition  To some extent groups : e.g. Indigenous Peoples Duty-bearers: Much less  Primarily States  In some cases individuals have specific obligations  Individuals and private entities have generic responsibilities towards the community to respect the rights of others  Development partners

HR standards and principles Human Rights Standards…...define the… …limits of the……Playing field. Human Rights principles define the rules of the game

Human Rights Standards The minimum normative content of the right: the type of claims and obligations that the right implies at the minimum in practice In programming, the standards guide the… …Identification of development challenges as human rights issues (Assessment) …analysis of roles and capacities of rights-holders and duty bearers …definition of development objectives …formulation of corresponding benchmarks and indicators

Human Rights Principles Universality and inalienability Indivisibility Interdependence and Inter- relatedness Equality and non-discrimination Participation and inclusion Accountability and rule of law

Table Exercise In contradiction with the following Principle: “Human rights are an invention from the West: our values are different” “This criminal gave up his rights when he decided to introduce cocaine in our country” “The right to food is more important than freedom of expression: first to eat and then to give opinions” “The right to food is not related to the right to education or with the right to political participation” “Men contribute more than women to the development of our society” “What do you want me to do if that teacher raped this girl: we do not have enough teachers and his is a good teacher” Staff from Ministry of Education

Group Work At your tables: Equality and Non discrimination Participation and Inclusion and Accountability and the rule of law 1) How are you and the UNCT are already promoting this principle your work; 2) What more could you do to promote this principle in your work; 3) What challenges do you face in doing so; Be as practical and specific as possible and select examples to illustrate your answer to this question. Summarise this discussion in maximum one flipchart sheet You have 30 minutes!!

Universality and inalienability This principle requires … That no one is left out or excluded from human rights Programming implications: Public policies and programmes should have: – Disaggregated data to identify difficult cases of exclusion and marginalization – Specific strategies in response to this caseload (e.g. polio vaccination campaigns)

Indivisibility and interrelatedness This principle requires … Equal recognition and protection of rights Programming implications: Legal frameworks: – Should not privilege the protection of certain rights to the detriment of others Public policies: – Should be based on holistic analysis of development problems and provide integral and multi-sectoral responses State institutions: – Ensure inter-institutional and multi-sectoral coordination – Include those institutions in charge of protection, monitoring and accountability

Equality and Non discrimination This principle requires … Eradication of legal, institutional, interpersonal and structural discrimination Common to all human rights treaties - No one can be discriminated against on the grounds of sex, age, national or social origin, political or other opinion, disability, etc. Ensure that the rights of marginalized and disadvantaged groups are not overlooked (e.g. ethnic/religious minorities, indigenous peoples, women, children, elderly, persons with disabilities, etc), that their rights are safeguarded, and that they are encouraged to participate meaningfully in the development/recovery process While promoting non-discrimination, particular attention must be given to the most vulnerable – if everyone is treated equally, inequalities and disadvantages may not be addressed and may in fact be made worse. (e.g. most vulnerable among the poor – women, children, the elderly, low caste members, IDPs, etc.)

Equality and non-discrimination Programming implications: Laws should: – Abolish or amend discriminatory legislation – Be conducive to the enjoyment of all human rights by all Public institutions should ensure: – Representation of marginalized or excluded groups – Services are accessible and sensitive to gender, age and cultural differences Public policies should: – Challenge model of appropriation and concentration of resources leading to structural discrimination and exclusion – Take affirmative steps to reduce social and economic disparities, based on disaggregated data – Promote education and public awareness

Participation and Inclusion This principle requires … Free, active, meaningful and inclusive participation Programming implications: Policies, processes and procedures should provide: – Opportunities for participation of the most disadvantaged in planning and development – Access to relevant information – Capacities to marginalized groups to formulate proposals Institutional mechanisms should: – Be based on democratic principles – Not disempower existing democratic or traditional structure Civil society should: – Be active, independent and with capacities – Represent the voice of the marginalized and excluded groups – Have control over decision making process

Accountability and the Rule of Law This principle requires … States and other duty bearers to be answerable for the observance of human rights Programming implications: Independent State institutions should: – Be provided with sufficient resources, responsibilities and independent authority to effectively monitor the Government – E.g., independent human rights parliamentary bodies, national human rights institutions, judges, courts and legal counsel States to cooperate with international human rights systems: – Complying timely with international reporting obligations – Inviting Special Rapporteurs and providing information – Implementing the TB/SP recommendations

Accountability and the Rule of Law This principle requires … Accessible, effective and independent mechanisms and procedures of redress Programming implications: Legal framework should: – Be in conformity with human rights norms – Establish conditions, procedures and mechanisms for rights-holders to claim their rights and duty-bearers to comply with their obligations Public policies should: – Take progressive steps to address the weakness in the accountability systems – Implement the human rights obligations of the State at a central, regional and local level Institutional mechanisms should ensure: – Appropriate judicial and administrative redress mechanisms

Accountability and the Rule of Law This principle requires … Free and independent media, and groups of human rights defenders representative of men, women and marginalized or excluded groups Programming implications: An active, rights-sensitive civil society should: – Monitor the State compliance with its human rights obligations – Articulate concerns of the society and advocates for social human rights mechanisms E.g. Campaign on access to retro-viral medication in South Africa

Capacity Development of Rights Holders and Duty Bearers

Road Map - Preparation process of the UNDAF Country Analysis - Review existing analysis (assessment) - UNCT supported analysis - Identify UNCT comparative advantages Strategic Planning - Strategic priorities for UNDAF/ UNDAF Action Plan Programme Planning & Implementation (Agency or Multi-Agency Joint Programmes) Monitoring & Evaluation Integration of human rights principles and standards into all stages of the programming process

“ Needs Based” Action is voluntary/optional ‘Needs’ are contextual and open- ended Deserve help Passive beneficiaries - can be invited to participate Pragmatic ways to work with structures Development is technocratic - for the experts Hierarchy of needs “Human Rights Based” Action is mandatory Universal and legally established claims and entitlements Entitled to enforceable rights Active participants by right Power structures must be effectively changed Development transforms behaviours, institutions and empowers rights holders Rights are indivisible and interdependent though in any situation practical prioritisation may be required Other approaches

HRBA … Duty-Bearer/ Rights-Holder relationship

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

Social and Economic Rights Standards What needs to be realized? (from CESCR General Comments) Availability Accessibility – Physical accessibility – Economic accessibility (affordability) – Information Acceptability Quality e.g. Transport, Roads, Ramps e.g. Hospitals, Staff, Medicines e.g. Culturally appropriate, clear information, language, confidentiality Right to Health, including sexual and reproductive health e.g. Service fees, cost of medicines

Example: General Comment 13 the right to education: While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features: Availability refers, e.g., to quantity of schools and their equipment, including teachers and their salaries etc.; Accessibility has at least three aspects: non-discriminatory access, physical and economic accessibility; Acceptability means that education needs to be relevant, culturally acceptable and of good quality; Adaptability means that education has to be responsive to social change and to diverse cultures;

Example: Right to Adequate Housing (art 11 ICESCR) Includes: Legal security of tenure (Guarantee legal protection from forced evictions, harassment) Availability of services and infrastructure (safe drinking water, sanitation, energy for cooking, etc) Habitability (adequate space, protection from elements, etc.) Accessibility Affordability Location (allows access to employment options, health care, schools, etc.)

Example: Right to Decent Work Freely accepted – no forced or compulsory labour (ILO Conventions Nos 29 and 105) Available – full employment (work for all available for and seeking work) (ILO Convention No. 122) Accessibility – Non-discrimination (ILO Convention No. 111) Acceptability - Freedom of choice for job well suited (ILO Convention No. 122) Quality - “decent” (respect for fundamental rights of workers. Right to safe working conditions, to form trade unions, to equal pay, sustainable livelihoods, etc)

Thematic Examples of HRBA

Examples on Strengthening Local Development Planning in BiH Objectives: The Rights-based Municipal Development Programme (RMAP) sought to strengthen the capacities of local authorities in Bosnia Herzegovina to: Understand their role as human rights duty bearers and to develop local development plans that meet needs and human rights of the local population and address priorities of the most marginalized groups. Implement local development plans through projects benefitting marginalized and vulnerable groups, in sectors as varied as education, agriculture, water and sanitation and health (with UNDP providing seed funding for 40+ projects). Results: UNDP with municipal authorities implemented the RMAP in 15 municipalities. It didn’t aim to reinvent local planning processes but instead at strategic points the process to use human rights principles and standards to add value e.g. to deepen participation, non- discrimination and accountability, and to use human rights standards as benchmarks in areas of education, health and social protection. Example – Kiseljak Municipality: Water- Community profile showed an urgent situation with regard to availability and quality of water for Roma communities. The RMAP assisted the municipality to prioritize projects that addressed exclusion and access to vulnerable groups to services resulting in the access to sufficient quantities of potable water.

Objectives: To reduce gender inequalities To ensure that HR standards guided law and policy reform To work in the 3AQ To apply the principles of accountability and the rule of law, participation and non-discrimination into policies and programmes Community participation and community driven interventions The focus on the disadvantaged and marginalized is essential Fees are a strong barrier Objectives: To reduce gender inequalities To ensure that HR standards guided law and policy reform To work in the 3AQ To apply the principles of accountability and the rule of law, participation and non-discrimination into policies and programmes Community participation and community driven interventions The focus on the disadvantaged and marginalized is essential Fees are a strong barrier Examples on maternal health in Ecuador

Examples on girls education Objectives: Advancing Girls Education in Partnership with Traditional Rulers (A case study from Ghana) Thrust: Using MDGs 2 and 3 as entry points, UNICEF has been supporting the National Commission on Civic Education (NCCE) to undertake sensitization programmes among Paramount traditional rulers in all 10 regions of the country. Result: All 10 Paramountcies have established scholarship schemes for girls in their communities and girls education is now seen as an asset. This has contributed to increased girls enrollment in Ghana. Objectives: Advancing Girls Education in Partnership with Traditional Rulers (A case study from Ghana) Thrust: Using MDGs 2 and 3 as entry points, UNICEF has been supporting the National Commission on Civic Education (NCCE) to undertake sensitization programmes among Paramount traditional rulers in all 10 regions of the country. Result: All 10 Paramountcies have established scholarship schemes for girls in their communities and girls education is now seen as an asset. This has contributed to increased girls enrollment in Ghana.

A HRBA helps the UN and partners to answer 4 critical questions:  Who has been left behind  Why? Which rights are at stake?  Who has to do something about it?  What do they need, to take action? Process and outcome are equally important In conclusion: 4 Critical questions

A Human Rights-Based Approach to Country Analysis: Implementing the 3-step approach to analysis

Session objectives Understand the value added of a HRBA in country analysis and UN programming Apply the HRBA to the analysis of real country development challenges in three basic steps: causal, role and capacity gap analysis

Road Map - Preparation process of the UNDAF Country Analysis - Review existing analysis (assessment) - UNCT supported analysis - Identify UNCT comparative advantages Strategic Planning - Strategic priorities for UNDAF/ UNDAF Action Plan Programme Planning & Implementation (Agency or Multi-Agency Joint Programmes) Monitoring & Evaluation HRBA in UN Programming - Linking rights to development challenges - Patterns of discrim., inequality, and exclusion - Capacity gaps of RHs and DBs Empowered rights-holders and accountable duty- bearers contribute to the realization of human rights Strengthened capacities of rights-holders and duty- bearers Mechanisms for participation or RHs and DBs in programe monitoring and evaluation - Positioning human rights issues - Inclusion of stakeholders Human rights principles and standards

Options for country analysis Whatever the option is:  HRBA, as the other programming principles, provides criteria to ensure a high quality analysis;  A strong country analysis is more likely to lead to a strong UNDAF and ultimately strong agency programming. (UNDG) 1.Participation in government-led analytical work 2.Complementary analysis 3.CCA Country analysis

Programming without a CCA: Early Country Experiences (Ethiopia, Tanzania, Mozambique, Zambia) Examples Tanzania’s Review of Country Analytical Work and Gaps Analysis In order to ensure system-wide ownership of the national development plan, the MKUKUTA, the UNCT Tanzania opted for a “hybrid strategy” combining a review of existing national, sector and thematic studies underpinning MKUKUTA and conducting a complementary “gaps analysis” of the national framework of results before moving to the UNDAF process. The UNCT formed seven working groups led by heads of UN agencies. The TORs of these working groups included: 1) Review of key studies and reports 2) Preparation of problem trees 3) Root cause analysis of selected development challenges 4) Conducting a gap analysis The gaps identified during this process will inform the UNDAF formulation and will be integrated into the UNDAF as areas for analytical work and advocacy with a view to influencing the policy framework and priorities of MKUKUTA. While more compact than the preparation of a CCA, this process still allowed the UNCT to form a common assessment of development challenges and priority intervention areas for analysis, advocacy and policy dialogue.

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

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

Analysis in 3 steps 1. WHY? Causal analysis Which rights are implicated that explain why there is a problem? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? and What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

Gender Mainstreaming and HRBA The human rights of women are an integral part of HRBA Non-discrimination is both a principle and a provision of the core international treaties, including CEDAW which is devoted exclusively to eliminating sex discrimination as a means to achieving gender equality. Development of benchmarks by data disaggregated by sex – and other (i.e. age, location, ethnicity and disability) and of indicators for measuring progress in the achievement of gender equality. It is common to find various forms of discrimination intersecting with gender and where they do there is need for sharper focus and targeting.

Analysis – in three steps Causality Analysis 1 Role Analysis 2 Capacity Gap Analysis 3 Why? Which rights are at stake? Who has to do something about it? What do they need to take action? Assessment Who has been left behind?

HRBA to Information Gathering What information: Civil, cultural, economic, political and social context Disaggregated according to normative grounds of non-discrimination, e.g. sex, age, ethnicity, rural and urban, etc. Sources of information: Rely on national information, assessments and analyses  Variety of sources including information from International, regional and national human rights mechanisms Information and analysis process: Participatory, inclusive, accountable and sensitive to cultures What information: Civil, cultural, economic, political and social context Disaggregated according to normative grounds of non-discrimination, e.g. sex, age, ethnicity, rural and urban, etc. Sources of information: Rely on national information, assessments and analyses  Variety of sources including information from International, regional and national human rights mechanisms Information and analysis process: Participatory, inclusive, accountable and sensitive to cultures

Purpose of the Assessment:  Identify the main development challenges What is happening? To whom? Where? e.g. High incidence of maternal mortality and morbidity amongst rural indigenous girls from the southern districts Purpose of the Assessment:  Identify the main development challenges What is happening? To whom? Where? e.g. High incidence of maternal mortality and morbidity amongst rural indigenous girls from the southern districts HRBA to the Assessment A rights-based development challenge should be people focused. In other words: Who is left behind? A rights-based development challenge should be people focused. In other words: Who is left behind?

What is it? 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 Step 1: Causality Analysis

Why a causal analysis? If a problem is caused byconditionsthree

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

CAUSALITY ANALYSIS Manifestation Immediate Causes Underlying Causes Root Causes Causes of a Problem

Development problem Root causes “Society, patterns of discrimination, exclusion and powerlessness” Underlying causes “Services, Access, Policies, Practices” Immediate causes “Status” Causal analysis: “why?”

Problem Tree High incidence of maternal mortality among rural women from southern districts Early pregnancies Inadequate obstetric care services at the community level Contraceptive methods seen as promoting Women infidelity Little awareness of sexual and reproductive rights Insufficient public service accountability and private sector regulation Gender discrimination Poor planning and implementation capacity and little priority to maternal health In the national budget Root causes Root causes Underlying causes Underlying causes Immediate causes Immediate causes Manifestations Lack of sensibility and a civil service culture

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

National Ownership Alignment with national development priorities Inclusiveness of UN system, including NRAs Integration of the five programming principles Mutual accountability for development results Elements of Strategic Focus

The fab five : HRBM Gender equality Environmental sustainability Results-based Management Capacity development Programming principles & thematic guidance notes for country analysis and UNDAF

MD/MDGs/ International norms 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 National Challenge 1 3 4 2

1. Road Map 61 3. Strategic Planning 1. Road Map 2. Country Analysis 3. Strategic Planning 4. M&E Mandatory Steps

National Development Challenges

Table Discussions Given your knowledge of the country context:  Discuss and identify 3 key national development challenges  Indicate your justifications for the identification of the 3 challenges

National Challenges Lack of quality health and education service (x4) Maternal mortality (x3) High child and maternal malnutrition (x2) HIV prevalence (in women) Youth unemployment (x2) Unemployment and illegal migration Environment Limited infrastructure Limited access to clean drinking water Housing Violence against women and girls Poverty Food insecurity Human Capital development Scarce skilled labour Population growth Inequitable development (x2) Inflation Inadequate resources Lack of good governance(x3) Limited institutional capacity (X3) Voice, participation and diversity

SDGs Goal 1. End poverty in all its forms everywhere Goal 2. End hunger, achieve food security and improved nutrition and promote sustainable agriculture Goal 3. Ensure healthy lives and promote well-being for all at all ages Goal 4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all Goal 5. Achieve gender equality and empower all women and girls Goal 6. Ensure availability and sustainable management of water and sanitation for all Goal 7. Ensure access to affordable, reliable, sustainable and modern energy for all Goal 8. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all Goal 9. Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation Goal 10. Reduce inequality within and among countries Goal 11. Make cities and human settlements inclusive, safe, resilient and sustainable Goal 12. Ensure sustainable consumption and production patterns Goal 13. Take urgent action to combat climate change and its impacts* * Acknowledging that the United Nations Framework Convention on Climate Change is the primary international, intergovernmental forum for negotiating the global response to climate change. Goal 14. Conserve and sustainably use the oceans, seas and marine resources for sustainable development Goal 15. Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss Goal 16. Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels Goal 17. Strengthen the means of implementation and revitalize the global partnership for sustainable development

Using the challenges identified during the group discussions…  Formulate the problem in terms of what is happening, to whom and where – write it on a card  Discuss and identify the immediate (PINK), underlying (GREEN) and root causes (WHITE)  Build a problem tree  Use the problem tree to identify the rights standards and principles that are not being fulfilled Group Work: Causality analysis/problem tree

HRBA to Analysis in three steps Causality Analysis 1 Role Analysis 2 Capacity Gap Analysis 3 Why? Which rights are at stake? Who has to do something about it? What do they need to take action? Assessment Who is left behind?

 Rights holders  Who are they?  What are their claims?  Duty bearers  Who are they?  What are their duties?  Rights holders  Who are they?  What are their claims?  Duty bearers  Who are they?  What are their duties? Step 2: Role Analysis Check what the human right standards say about their claims and duties Check also what role is expected from rights-holders & duty bearers in national laws, procedures and policies

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

Example: Right to Education Rights Holder: Children with disabilities Claim: ensure access to quality primary and secondary education without discrimination Capacity gaps: Duty-bearer (1): School Administration Obligations: improve physical accessibility to classroom and toilets, ensure teachers attendance Capacity gaps: Duty-bearer (2): Provincial Direction of Education OBs.: carry out regular inspections in public and private schools and address individual complaints Capacity gaps: Duty Bearer (3): Ministry of Education OBs.: promote inclusive education policies, train teachers, adapt textbooks Capacity gaps:

1. From your causal analysis, select one of the causes in which you want to focus on and highlight why you chose it 2. Identify a main right-holder and a critical claim 3. Identify max. 3 duty-bearers who should do something about that claim and their most critical obligations Group Work: Role Analysis

Example: Right to Education Rights Holder: Claim: Capacity gaps: Duty-bearer (1): Obligations: Capacity gaps: Duty-bearer (2): OBs.: Capacity gaps: Duty Bearer (3): OBs.: Capacity gaps:

HRBA to analysis in three steps Causality analysis 1 Role analysis 2 Capacity gap analysis 3 Why? Which rights are at stake? Who has to do something about it? What do they need to take action? Assessment Who is left behind?

Duty Bearers capacity elements: Can? - Knowledge -Resources (human, technical and financial) -Organizational abilities Want? -Responsibility/motivation /leadership Should? - Authority Rights-holders capacity elements: Can? - Knowledge - resources - individual abilities Want? - Security - motivation Enabling environment - right to participate - Information - freedom of association and expression Step 3: Capacity Gap Analysis

Based on the role analysis 1.Go back to the right-holders claim and select the 2 to 3 most critical corresponding duty-bearers obligations 2.For each RH and DB, identify their key capacity gaps  The things that prevent duty bearers from performing their roles and rights-holders from claiming their rights 3. List the key capacity gaps identified Group Work: Capacity Gap Analysis

Example: Right to Education Rights Holder: Claim: Capacity gaps: Duty-bearer (1): Obligations: Capacity gaps: Duty-bearer (2): OBs.: Capacity gaps: Duty Bearer (3): OBs.: Capacity gaps:

Gallery Your opportunity to “present to” other groups and give feedback Organise your 3 steps on the wall Choose one person to stay with your analysis to answer questions – Causality Analysis: Is there a logical flow in the causality analysis and clarity of problems, particularly at lower level of framework? – Role Analysis: Are the claims and obligations intuitive and presented in plain language – when you read an obligation can you imagine a corresponding action? – Capacity Gaps: Is there sufficient attention to capacity gaps that address the lower levels of the framework – related to critical gaps in legal, institutional and policy and budgetary frameworks? – Gender Dimension: How well does the analysis reflect the different ways that women and men experience the development challenge? Will the capacities address the root causes of gender inequality? !! Remember to leave comments on post-it notes

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