1. The Human Rights-Based Approach in German Development Cooperation
Folke Kayser
Contribution to the DFAT NGO Forum
Dublin, 17 Feb 2012

2. Understanding of the human rights-based approach (HRBA)
Strengthen HR with devt coop
Reference to and orientation on HR standards from UN treaties and their interpretations
Systematic application and promotion of HR principles of non-discrimination, participation, transparency and accountability
Capacity development of duty-bearers to fulfill HR and of right-holders to claim and realise HR
No violation of HR by devt coop

3. HRBA: Change of perspectives
Claim and realise rights
Right-holders
“Needy” target groups
Duty-bearers
State partners
Fulfil their duties to respect, protect & fulfil rights

4. § Added value of the HRBA
Povert y reduction
Gender
Good Governance
Conflict prevention
Linking existing key topics of German devt coop to binding rights  Ownership, legitimacy, political lever
HR instruments useful tools for devt coop:
General Comments & UN guidelines on HR:  Technical benchmarks
State reporting, UPR, Spec. Rapporteurs:  Tools for situation analysis in country
Focus on structural causes of under-development and conflict: discrimination, unfair power relations, exclusion, violence  Greater impact of aid, more sustainable development changes

6. Experiences with HRBA in health, water and education programmes
No radical shift, but different perspective. Partly confirmation partly re-orientation of programme design and implementation:
Building capacities and awareness on relevant rights of govt and non-governmental partners, media, parliament
More differentiated data collection
More systematic analysis and inclusion of marginalised groups (e.g. people with disabilities, sexual minorities)
Addressing issues with high HR relevance, focus on quality aspects (e.g. gender-based violence, discrimination in public health facilities, bilingual intercultural education)
Stronger focus on governance issues within technical sectors: participation, transparency , accountability
New alliances and cooperation with civil society and NHRI, strengthening watch dog and advocacy role

7. Experiences with HRBA at political level
HRBA and specific HR projects possible in every political context, though not always conducive to mention HR explicitly
Kenya welcomed HRBA as additional political lever for pro-poor water policies: added legitimacy, more endogenous funds, argument towards WB, concrete policy benchmarks
Constructive engagement more effective than blaming: Bangladesh: prison reform first addressed via “technical issues” (public health, security) now Bangladesh proud of advances in HR
Addressing HR in political dialogue: important; using both incentives and careful and well-targeted aid conditionalities
HRBA often makes aid more political – also in technical sectors
HRBA greater effort in the short run but better development results in the long run

8. Experiences with HRBA from the organisational perspective
Important to overcome misconceptions about HR: extensive capacity building
Make HRBA concrete and understandable at programme level: intensive advisory work
Mainstreaming fatigue: but HR can serve as conceptual bracket for other topics
Focus on instrumental rather than on normative value of HR for development
Reputational risks from HR most effective driver for management commitment

10. Participation Empowerment Equality of opportunities
Model of the HRBA
Human Rights
National Law
Policies
Strategies
Rights
Know Claim Realize
Participation Empowerment
Transparency
Accountability
Non-discrimination
Equality of opportunities
Right-
holders
Duty-
bearers
Capacity development
Awareness building
Rights
Respect Protect Fulfil
Availability
Accessibility
Adequacy
Quality

11. Human rights and poverty dimensions
Right to life, liberty and security of person
Prohibition of torture, right to a fair trial
Right to social security
Security-related Human security, vulnerability
Right to gain a living by work
Right to own property
Decent and fair conditions of work
Right to information, right to take part in public affairs
Freedom of opinion, freedom of assembly, freedom of association
Economic Income, property, consumption
Political Rights, influence, freedom
Human Health, nutrition, education
Socio-cultural Status, dignity
Right to an adequate standard of living
Right to food, housing, water, sanitation
Right to education, right to health
Inviolable human dignity
Right to non-discrimination
Right to take part in cultural life and to enjoy the benefits of scientific progress