1. CONVERGENCE AND CONSENSUS ON A HRBA TO DEVELOPMENT
UN HABITAT
Nairobi, Kenya
23-25 October 2013
Urban Jonsson

2. OUTLINE The UN Common Understanding
A Human Right-Based Approach (HRBA) to Development
Who are the Duty-Bearers?
Human Development and Human Rights

3. THE UN COMMON UNDERSTANDING

4. “As the Secretary-General of the United Nations I have made human rights a priority in every programme the United Nations launches and in every mission we embark on. I have done so because the promotion and defense of human rights is at the heart of every aspect of our work and every article of our Charter” (Kofi Annan, 1999)

5. ESSENTIAL AND UNIQUE CHARACTERISTICS
Situation Analysis to identify immediate, underlying and basic causes of the non-realization of human rights
Identification of key claim-holder/duty-bearer relationship on all levels of society (Pattern Analysis)

6. ESSENTIAL AND UNIQUE CHARACTERISTICS
Assessment and analysis of the capacity gaps of claim-holders to be able to clam their rights and of duty-bearers to be able to meet their obligations. (Capacity Analysis).

7. ESSENTIAL AND UNIQUE CHARACTERISTICS
Monitoring and evaluation of both outcome and process guided by the HR standards and principles.
Programming is informed by the recommendations of international human rights monitoring mechanisms.

8. DISCUSSION

9. GOOD PROGRAMMING PRACTICES AND HRBAP
Participants at the Stamford Meeting agreed that most known ‘Good Programming Practices’ no longer become optional but actually obligatory in a Human Rights-Based Approach to programming (HRBAP)

10. GOOD PROGRAMMING vs. HR PROGRAMMING
GOOD PROG HUMAN RIGHTS
People cannot be developed; they must develop themselves. People, including people who are poor, should be recognized as key actors in their own development rather than passive beneficiaries of transfers of commodities and services.
In a human rights approach, people, including people who are poor, are subjects of rights. It is therefore logical to recognize people who are poor as key actors in their development by empowering them to claim their rights.
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11. SOME GOOD PROGRAMMING PRACTICES
Strategies are empowering, not disempowering.
Both outcomes and processes are monitored and evaluated
Avoid dealing with estimated averages; use disaggregated data

12. SOME GOOD PROGRAMMING PRACTICES.
The development process is locally owned.
Programmes aim at reducing disparities
Both top-down and bottom up approaches are used in synergy.

13. SOME GOOD PROGRAMMING PRACTICES
10. Measurable goals and targets are important in programming.
Strategic partnerships are developed and sustained.
Policies, programmes, projects and activities are all gender sensitive

14. HRBAP means that most “good programming principles” have been adopted
CONCLUSION
HRBAP means that most “good programming principles” have been adopted
BUT
A Programme that adopts all “good programming principles” is not necessarily a Programme that has adopted HRBAP

15. DISCUSSION

16. A HUMAN RIGHT-BASED APPROACH TO DEVELOPMENT
(HRBA)

17. The Outcome and Process Construct to Development

18. OUTCOME B D C A
Good
Bad
Bad
Good
PROCESS

19. OUTCOME PROCESS Eradication of hunger and malnutrition
Universal primary education
Child protection
MDG 1 – MDG 7
“Results”
PROCESS
Effectiveness and Efficiency
Sustainability
Participation
Accountability and Rule of Law

20. Is the act of lying always wrong, or sometimes right?
Table Group Work
Is the act of lying always wrong, or sometimes right?

21. DEONTOLOGICAL AND CONSEQUENTALIST THEORIES
Deontological: No weight given to the goodness (or badness) of the result (outcome)
Consequentialist: Defines rights action in terms of producing the maximal good

22. DISCUSSION

23. Construction of a Human Rights-Based Approach to Development

24. OUTCOME B D C A
Good
Bad
Bad
Good
PROCESS

25. HUMAN RIGHTS STANDARDS AND HUMAN RIGHTS PRINCIPLES
Access to health services, education, food etc.
Human Rights Principles
Equality, participation, accountability etc.

26. HUMAN RIGHTS STANDARDS AND HUMAN RIGHTS PRINCIPLES
The minimum acceptable level of a desirable outcome
Human Rights Principles
Criteria for an acceptable process

27. OUTCOME PROCESS (Human Rights Standards) (Human Rights Principles)
Eradication of hunger and malnutrition
Universal primary education
Child protection
MDGs
“Results”
PROCESS
(Human Rights Principles)
Equality and non-discrimination
Participation and Inclusion
Accountability and Rule of Law

28. OUTCOME B D C A
Good
Bad
Bad
Good
PROCESS

29. DISCUSSION

30. WHO ARE THE DUTY-BEARERS?

31. But other duty-bearers are increasingly recognised
In International Human Rights Law the State is the most important duty-bearer, because it is the State that is the party of the ratified human rights treaties
But other duty-bearers are increasingly recognised

32. NON-STATE DUTY-BEARERS (1)
“Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant” (Preamble of both Covenants, 1976)

33. NON-STATE DUTY-BEARERS (2)
“Every individual shall have duties toward his family and society, the State and other legally recognized communities in the international community”.
(African Charter of Human and People’s Rights, 1961)

34. STATE AS THE ULTIMATE DUTY-BEARER
In almost all cases a Pattern Analysis of the claim-duty relationships between a claim-holder and the correlative duty-bearer will show that in the chain of claim-duty-claim-duty etc the State is the ultimate duty-bearer

35. HUMAN DEVELOPMENT AND HUMAN RIGHTS

36. TENDENCIES IN THE 1990’s
The demands of the developing countries for development assistance was increasingly seen by the world as norms and entitlements (Copenhagen Social Summit, 1995; Vienna 193)
More emphasis on good governance after the end of the Cold War. The connection to both CPR and ESCR was increasingly recognized

37. TENDENCIES IN THE 1990’s
3. Criticism of the focus on the individual; promotion of group rights, with emphasis on participation
4. More recognition of the need for ‘development from below’ and less respect for the traditional state – individual thinking

38. ? HUMAN DEVELOPMENT AND HUMAN RIGHTS HUMAN HUMAN DEVELOMENT RIGHTS
Focus on outcome Focus on process but increasingly but increasingly includes process includes outcome
Explicitly focus on Explicitly focus on ESCRs, but increasingly CPRs, but in- include CPRs creasingly include
ESCRs

39. (Social Summit, Copenhagen)
WHAT IS PART OF WHAT?
“Human Rights are an integral element of the development agenda” (i.e. HRs are a necessary but not sufficient condition for Human Development)
(Social Summit, Copenhagen)

40. (Australian National Commission on Human Rights)
WHAT IS PART OF WHAT?
“Development should be seen as an integral part of Human Rights” (i.e. Human Development is a necessary but not sufficient condition for Human Rights)
(Australian National Commission on Human Rights)

41. A B C D E HUMAN DEVELOPMENT AND HUMAN RIGHTS HD HR HR HD HD HR HD HR

42. DISCUSSION