The Human RightsBased Approach in the Programming Process

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The Human Rights-Based Approach in the
Programming Process
Action 2 Learning Human Rights Together
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What is a human rights-based approach?

• What is NOT a HRBA
• Rhetorical repackaging
• Human rights activities
• Political conditionality

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What is a human rights-based approach?

• A conceptual framework for the process of
  development
• normatively based on international HR standards
  and principles
• operational 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

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Why a human rights-based approach to development?

• Intrinsic value
• based on universal values
• universal legal standards for a life with dignity
• Instrumental to development strategies
• addresses power inequalities and discrimination
• deals with weaknesses in accountability systems
• objective framework to manage conflicts and seek
  redress
• Institutional reasons (UN comparative advantage)
• impartiality to deal with sensitive issues
• holistic analysis and integral responses to
  problems

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UN Common Understanding on Human Rights-based
Approach
GOAL

• 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 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

PROCESS
OUTCOME
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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
GOAL

• 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

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Programming informed by Human Rights Mechanisms

• OObservations by Treaty Bodies Special
  Procedures
• ? Analysis of development issues from a HR lens
• RRecommendations by Treaty Bodies Special
  Procedures
• ? Provide tools for UN programming to address
  problems identified
• GGeneral comments by Treaty Bodies
• ? Identify the precise content of development
  objectives by clarifying the meaning

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2. Human rights standards and principles guide
all development cooperation and programming in
all sectors and in all phases of the programming
process
PROCESS

• Human rights standards and principles improve
  the quality of outcomes and processes
• Human rights principles provide the playing
  rules for the development process

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Human Rights Standards

• In programming, the standards guide
• 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

The minimum normative content of the right the
type of claims and obligations that the right
implies at the minimum in practice
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Human Rights Principles

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

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The integration of human rights principles and
standards into all stages of the programming
process
ASSESSMENT ANALYSIS
PRIORITY SETTING
MONITORING AND EVALUATION
PROGRAMME PLANNING AND DESIGN
IMPLEMENTATION
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Human Rights require higher cultural sensitivity

• Understanding beliefs and values facilitates
  the implementation of the HRBA
• Cultural sensitivity allows for higher degrees
  of programmatic ownership by communities
• However, cultural claims cannot be invoked to
  justify human rights violations
• Some cultural practices can be human rights
  claims
• CEDAW requires the modification of cultural
  patterns and customary practices where they
  contribute to gender inequality

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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
OUTCOME

• Focus on relation between individuals and the
  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

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Rights-holders Duty-bearers

• Right-holders
• 6,652,595,567 persons
• Every individual, either a man woman or child, of
  any race, ethnic group or social condition
• To some extent groups

• 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

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Capacity development
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HRBA in UN Country Programming Process
UNDAF
Prog/ Project
ME
Country Analysis
Strengthened capacity of rights-holders and
duty-bearers
Establishes causal connections of
rights Identifies patterns of discrimination, ine
quality, and exclusion Identifies the
capacity gaps of rights-holders and duty-bearers
Rights-holders accountable
duty-bearers contribute to the realization of
human rights
Establish mechanisms for participation
of rights-holders duty bearers in prog./
project monitoring
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Practicing the HRBAGroup Work Instructions
Session 4
Action 2 Learning Human Rights Together
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Human Rights Principles in Action
Action 2 Learning Human Rights Together
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Group exercise (15min)

• Each group assigned a few HR principle
• Review the Stamford Common Understanding on HRBA
  (handout) and for the human rights principle
  assigned, discuss
• Q What are the major implications of applying
  this principle for country programming?
• Summarise your response on not more than 1 sheet
  of flip chart paper

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Principles of Universality Inalienability
HR principle of Universality requires That no
one is left out or excluded from human rights

• Implications for National HR Protection Systems
• Public Policies and programmes should have
• Disaggregated data to identify difficult cases of
  exclusion and marginalization
• Specific strategies in response to this caseload
• Eg. Polio vaccination campaigns

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Principles of Indivisibility Inter-relatedness
HR principles of inter-relatedness and
indivisibility requires Equal recognition and
protection of rights

• Implications for National Protection Systems
• 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

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Principles of Equality Non-Discrimination

• Equality and Non-discrimination obliges states
  to
• Eradicate Legal, institutional, interpersonal
  and structural discrimination

• Implications for National Protection Systems
• Legal frameworks should
• Derogate discriminatory legislation
• Be conducive to the enjoyment of human rights by
  all
• Public institutions should ensure
• Representation of marginalized or excluded groups
  in the public administration and in decision
  making bodies
• Public services accessible and sensitive to
  gender, age and cultural differences
• Appropriate judicial and administrative redress
  mechanisms
• Public policies should
• Challenge models of appropriation and
  concentration of resources leading to structural
  discrimination and exclusion
• Take affirmative steps to reduce social and
  economic disparities
• Promote education and public awareness

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Principle of Participation
HR principles of Participation requires FREE,
ACTIVE, MEANINGFUL and INCLUSIVE PARTICIPATION

• Implications for National Protection Systems
• Policies, processes and procedures should
  provide
• opportunities for participation 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
  structures
• Civil society should
• Be active, independent and with capacities
• Represent the voice of marginalized and excluded
  groups
• Have control over decision making processes

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Principle of Accountability
Principle of Accountability requires States and
other duty bearers to be answerable for the
observance of human rights

• Implications for Human Rights Protection Systems
• State institutions should
• Be provided with sufficient resources,
  responsibilities and independent authority to
  effectively monitor the Government
• Eg. Independent human rights parliamentary
  bodies, National Human Rights Institutions,
  judges, courts and legal counsel
• State to cooperate with international Human
  Rights Systems
• Complying timely with international reporting
  obligations
• Inviting Special procedures and providing
  information
• Implementing the TB and SP recommendations

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Principle of Accountability
Principle of Accountability requires Accessible,
effective and independent mechanisms and
procedures of redress

• Implications for Human Rights Protection Systems
• Legal frameworks should
• Be In conformity with human rights norms
• Establish conditions, procedures and mechanisms
  for RH to claim their rights and DB to comply
  with their obligations
• Public policies should
• Take progressive steps to address the weaknesses
  in the accountability systems
• Implement the human rights obligations of the
  state at a central, regional and local level

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Principle of Accountability
Principle of Accountability requires Free and
independent media, and groups of human rights
defenders representative of men, women and
marginalized or excluded groups

• Implications for Human Rights Protection Systems
• An active rights sensitive civil society should
• Monitor the State compliance with its human
  rights obligations
• Articulate concerns of the society and advocate
  for social positive change
• Provide information and shadow reports to
  international human rights mechanisms
• eg. Campaign on access to retro-viral medication
  in South Africa

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Gender and age dimension in crises and emergencies

• Crises and emergencies can have very different
  impacts on men, women and children.
• Women and children almost always make up a large
  majority of displaced and refugee populations.