WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05 Dr. Brd Anders Andreassen, NCHR, UO

1
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05 Dr. Bård Anders Andreassen,
NCHR, UO
Introduction - The Nobel Symposium on the
Right to Development (RtD), October 2003. Sen,
Sengupta, Alston Two main points - the v
agueness of the notion of RtD - the failure of
the human rights community to interact
The development community has not embraced the
RtD - The Rights-based Approach to development
seen as an alternative to the right to developme
nt. Why? Imply?
2

WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Three topics
• 1. What is the current debate on the RtD? 2.
  What is the relationship between the RtD and the
  rights-based approach to development? 3. How
  can a rights-based approach to development
  influence development
• - in terms of substance
• - in terms of process?
• - Handbook in Human Rights Assessment

3
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• History of the concept
• UN Charter (55), common article 1 of the ICESCR
  and ICCPR
  
• K. MBaye 1966, and 1970
• 1977 the HR Commission
• Study on the international dimensions of the
  right to development
  
• how are international and global issues linked to
  obstacles to human rights realization (root
  causes)?
  
• The Declaration adopted in 1986, 146/1/8
  Resolution, not binding, but reflects general
  international law
  
• Reconfirmed in Vienna 1993
• 1998 Open-ended working group of experts, and an
  Independent Expert. Arjun Sengupta
  
• 5 reports, follow up by Sub-Commission
• High Commissioner of HR - high priority to RtD
  (Robinson)

4
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• The UN Declaration on the Right to Development
  Article 1
  
• . an inalienable right by virtue of which
  every human person and all peoples are entitled
  to participate in, contribute to and enjoy
  economic, social, cultural and political
  development
• .. in which all human rights and fundamental
  freedoms can be fully realised
  
• persons/peoples are entitled to participate in,
  contribute to and enjoy processes of
  development
  
• the human person is the central subject of
  development in the sense of being the active
  participant and beneficiary of the right to
  development Article 2 (1)

5
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Key components
• Right to Development as a composite right
• not just the sum of all human rights
• if one right is violated, all rights are
  affected
  
• causality of rights
• normative interconectedness
• Requires availability and access to sufficent
  resources incl. economic growth and international
  co-operation
  
• The importance of participation
• rights of human agency information, association,
  organisation, expression etc
  

6
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Key components, contd
• Operationalisation of the RtD
• RtD is right to a process
• progressive realization of all human rights
• capability approach to development (Amartya
  Sen)
  
• Basic needs and social justice article 2.3 the
  fair distribution of the benefits resulting from
  development
  
• National policies (art 2.3, 3.1, 8)
  international obligations (art 3,4,7)
  
• focuses on three sets of rights
• the right to health, food and education

7
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Operationalisation
• Development compact (RtD-DC) involves
• Focusing on selected rights, eg. MDG consistent
  with human rights goals
  
• Designing a national development programme, human
  rights-based
  
• Accontability incl. consultation nwith
  stakeholders (civil society etc)
  
• International collaboration and commitment
  contractual
  
• International fund for development compacts?
• Assessing results
• Monitoring mechanisms
• Development compact as an ideal model of
  rights-based international cooperation?
  
• NEPAD
• PRSPs
• WBs CDFs etc

8
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Value added of the RtD?
• If the RtD represents a realisation of all
  sectors of HRs, what is being added?
  
• Complementarity among rights, not least between
  economic and social rights to health, food,
  education, and civil and political rights
  
• Causal connections
• Helps to focus on process (obligation of conduct)
  and not just outcome (obligation of result)
  popular involvement and participation
  
• International cooperation as a human rights
  obligation
  
• Imperfect obligations
• A holisitic view of development, using human
  rights as standards
  
• Development compacts as operationalisation?

9
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Arguments against the RtD, obstacles
• duty-holder
• Perfect and imperfect obligations
• what is the substantive content
• justiciability issue
• an integrated approach fo justiciability?
• when is the right violated
• how to measure
• what are the enforcement remedies

10
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• The rights-based approach to development
• An alternative to the right to development?
• less controversial
• a more operational concept in bringing HR and
  development together?
  
• Main issue Mainstreaming of human rights in
  policies and development interventions
  
• Main components
• Goal of development expand and ensure HR
• Process participatory, accountable,
  non-discriminatory
  
• Emphasises the prime responsibility of the State

11
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• How can a rights-based approach to development
  influence development programs?
  
• Handbook in Human Rights Assessment State
  Obligations, Awareness and Empowerment
  (NORAD/NCHR 2001)
  
• Purpose of the Handbook
• - a tool for assessing the human rights
  dimensions, and effects of developments projects
  
• - perceived/real effects may be explicit
• - perceived/real effects may be indirect
• - identify likeliness of positive/negative
  effects
  
• - to ensure that development aid projects do not
  hamper or impede international human rights
  standards

12
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Scope of the Handbook
• The various stages of the Project Cycle
• Preparatory phase
• - the (draft) project document
• - appropriation
• - agreement
• Implementation phase
• Follow up and mid-term review
• To identify the need for a full scale human
  rights impact analysis, or to obtain more
  information
  

13
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• Human Rights Assessment rests on two pillars
• - the implementation of the states treaty
  obligations
  
• - the ability of individuals/groups to claim
  their rights through
  
• awareness, empowerment and participation
• Rights empowerment involves
• power to influence public decisions
• power to participate in decision-making
• power to express issues for public debate
• power to negotiate on values and interest
• power to influence traditions and customs

14
WB SEMINAR ON THE RIGHT TO DEVELOPMENT,
WASHINGTON 12 05 05

• The Human Rights Assessment Model addresses
  whether
  
• and to what extent a project
• is consistent with human rights treaty
  obligations or the partner country
  
• enhances human rights awareness within the target
  population and/or other persons/groups affected
  by the project
  
• empowers people targeted or otherwise affected to
  exercise and enjoy their human rights
  
• enhances the involvement of people in local and
  national decision-making, and planning/implementai
  ton of development projects