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Foreign Aid: Mainstreaming Human Rights and Human Rights Programming experience of a donor

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Title: Foreign Aid: Mainstreaming Human Rights and Human Rights Programming experience of a donor


1
Foreign Aid  Mainstreaming Human Rights and
Human Rights Programming (experience of a donor)
  • By
  • Donald Rukare

2
Contents
  • Introduction
  • Development assistance redefined
  • Nexus between human rights development
  • How and who development partners support
  • Human rights mainstreaming
  • Challenges
  • Conditions for effective mainstreaming
  • Conclusion

3
Introduction
  • Common practise for development partners (donors)
    to run programs that have a human rights
    component
  • Across government non-governmental divide
  • Human rights program linked to governance
    foreign policy
  • Some development partners have adopted human
    rights mainstreaming through HRBA

4
Development assistance redefined
  • Terms donors and foreign aid have been
    replaced by development partners and
    development assistance
  • Conditionalities have been replaced with
    undertakings and prior actions
  • Change mainly in form not content

5
Nexus between human rights development
  • Human Rights are the cornerstone of democracy and
    development
  • Development and human rights share the common
    tenet of putting people at the center of their
    agenda
  • RBA acknowledged as the preferred modus operandi
    of several development agencies and national
    governments

6
Development partnersWho do they support?
  • Governmental/national institutions i.e. national
    human rights institutions
  • Non-governmental organizations i.e. NGOs, civil
    society, CBOs
  • DPs have country assistance paper
  • Country assistance paper makes linkages to
    national development programs (PEAP-Uganda,
    NPEAP-Nigeria, MKUKUTA-Tanzania)
  • Project budget support main methods

7
Development partnersHow do they support?
  • Projects common feature over last 2 decades
  • DPs identify particular activity for support
  • Setup administrative (project implementation
    unit)
  • Financial structure
  • Net effect several donor projects further
    weakening of existing administrative structures

8
Development partnersHow do they support?
  • Islands of excellence
  • High salaries
  • Operational funds available
  • Lack of sustainability
  • Exit nightmare
  • Above led to change to budget support

9
Development partnersHow do they support?
  • Budget support
  • Introduced in the late 90s
  • Entails supporting entire budget not specific
    activities of the budget
  • Sector wide approaches introduced
  • Leads to greater local ownership, flexibility, DP
    coordination harmonization
  • Facilitates greater resource inflows
  • Reduces transactions costs for government

10
Development partnersHow do they support?
  • Basket funds commonly used
  • Pooling of resources of various DPs
  • One lead donor
  • Unified reporting system to all
  • Joint reviews
  • NGO networks with national coverage
  • Fear of development cartel great leverage in
    policy development

11
Development partnersHow do they support?
  • OECD-DAC harmonization principles (Paris
    declaration) calls upon DPs to
  • Harmonize practises
  • Specialize
  • Human rights indicators have been developed by
    DAC network on governance (government)
  • Development assistance pegged to human rights
    record (UK Ireland cut assistance)

12
What is Human Rights mainstreaming?
  • ensuring that human rights issues are explicit
    and verifiable at institutional and operational
    levels including all phases and processes of
    policy, planning, implementation, monitoring and
    evaluation
  • Can be done by adopting HRBA to the development
    planning process

13
What is Human Rights mainstreaming?
  • Entry point could be poverty reduction strategy
    papers (PRSPs)
  • Democracy, development and respect for human
    rights and fundamental freedoms are
    interdependent and mutually reinforcing - Vienna
    Declaration (UN World Conference 1993)

14
Rights based approach
  • Conceptual framework for the process of human
    development that is normatively based on
    international human rights standards and
    operationally directed to promoting and
    protecting human rights.
  • Integrates the norms, standards and principles of
    the international human rights system into the
    plans, policies and processes of development.

15
Rights based approach
  • Principles include
  • equality and equity
  • express linkage to rights
  • accountability
  • empowerment
  • participation
  • non-discrimination and attention to vulnerable
    groups

16
Rights based approach
  • Viewed as legally enforceable entitlements (an
    essential ingredient of human rights approaches)
  • Creation of express normative links to
    international, regional and national human rights
    instruments.

17
Rights based approach
  • RBA considers the full range of indivisible,
    interdependent and interrelated rights civil,
    cultural, economic, political and social
  • This calls for a development framework with
    sectors that mirror internationally guaranteed
    rights, thus covering, for example, health,
    education, housing, justice administration,
    personal security and political participation

18
Rights based approach
  • These approaches are incompatible with
    development policies, projects or activities that
    have the effect of violating rights, and they
    permit no "trade-offs" between development and
    rights.
  • Focus on raising levels of accountability in the
    development process by identifying claim-holders
    (and their entitlements) and corresponding
    duty-holders (and their obligations)

19
Rights based approach
  • Looks at the positive obligations of duty-holders
    (to protect, promote and provide) and at their
    negative obligations (to abstain from violations)
  • Takes into account the duties of the full range
    of relevant actors, including individuals,
    States, local organizations and authorities,
    private companies, aid donors and international
    institutions.

20
Rights based approach
  • States must have both the political will and the
    means to ensure their realization, and they must
    put in place the necessary legislative,
    administrative, and institutional mechanisms
    required to achieve that aim.
  • Under the International Covenant on Economic,
    Social and Cultural Rights, States are required
    to take immediate steps for the progressive
    realization of the rights concerned, so that a
    failure to take the necessary steps, or any
    retrogression, will flag a breach of the States
    duties.

21
Rights based approach
  • While primary responsibility under the human
    rights system lies with individual States, the
    international community is also duty bound to
    provide effective international cooperation,
    inter alia in response to shortages of resources
    and capacities in developing countries.

22
Rights based approach
  • Gives preference to strategies for empowerment
    over charitable responses.
  • RBA focuses on beneficiaries as the owners of
    rights and the directors of development, and
    emphasize the human person as the centre of the
    development process (directly, through their
    advocates and through organizations of civil
    society).

23
Rights based approach
  • The goal is to give people the power, capacities,
    capabilities and access needed to change their
    own lives, improve their own communities and
    influence their own destinies.

24
Case studies
  • Malawi
  • Right to Food campaign
  • village level rights education and activism with
    government level advocacy
  • The campaign worked with (1) duty bearers, to
    ensure that the necessary rights were enshrined
    legally at national and local levels and (2)
    rights bearer to inform them of what their rights
    were, how these rights related to their food
    security and how they could go about claiming
    those rights

25
Case studies
  • Malawi

National actors
National policy legislation action ensuring the
people would be able to claim the necessary
rights to respond to their needs
Regional actors
Linked to
Village education groups
26
Case studies
  • Uganda
  • Justice, Law and Order Sector (JLOS) is in the
    process of developing its second strategic
    investment plan (SIP II)
  • JLOS has adopted as one of its key focus areas ,
    the fostering of a human rights culture by
    JLOS institutions
  • In developing the SIP II all key stakeholders are
    participating in and have been consulted both a
    national and local levels. In developing SIPII
    the need to be accountable to the people has been
    taken into account.

27
Rights based approach
  • It can be summarised from the above that human
    rights mainstreaming does not mean business as
    usual
  • For each sector to truly mainstreaming human
    rights may require extensive change and
    refocusing within the sector
  • It therefore goes without saying that several
    challenges will invariably be met

28
Challenges
  • Concept not fully understood or accepted
  • Single issue agendas
  • Political overtones
  • Several mainstreaming themes
  • Move from theory to practise
  • Focus on financial management accountability
  • Lack of predictability certainty of funds
  • Ownership of process
  • Citizen participation is weak (demand is low)
  • Lack of coherence, coordination between DPs
  • Lack of reliable data

29
Conditions for successful mainstreaming
  • Commitment from the highest level
  • Development partnership based on sound partner
    principles
  • Local ownership of the process
  • Acknowledgment that is a process that will take
    time and not happen over night

30
Conclusion
  • The promotion, protection and respect for human
    rights are basic tenets of any democracy and are
    essential in the development process.
  • The mainstreaming of human rights in the
    development process through the adoption of the
    Human Rights based approach should be an
    approach supported by all key players in the
    development process
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