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Human Rights Assessment for Democratic Governance

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Human Rights Assessment for Democratic Governance B rd A. Andreassen Oslo Governance Forum, Parallel Session 2: Methods, Tools an Strategies Tuesday October 4, 2011 ... – PowerPoint PPT presentation

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Title: Human Rights Assessment for Democratic Governance


1
Human Rights Assessment for Democratic Governance
  • Bård A. Andreassen
  • Oslo Governance Forum,
  • Parallel Session 2 Methods, Tools an Strategies
  • Tuesday October 4, 2011, Oslo

2
A not-yet-another-ship approach Human rights
and governance linkages?/!
  • Human rights not systematically part of
    democratic governance and social accountability
    assessment? (Draft Oslo Principles)
  • Worldwide ratification of basic human rights
    treaties have made human rights norms key
    concerns and tools for assessing regime
    legitimacy, performance and practices (CCPR
    167/5 CESCR - 160/6)
  • Human rights ratification anticipates, demands
    legal and political accountability, and
    protection of institutions for social
    accountability
  • Assessing and measuring human rights conditions
    and trends give important information about
    countries institutional foundation, political
    accountability and popular demand for social
    accountability
  • Human rights as a valuable addition in terms of
    indicators and data for governance assessment
    event-based, standard-based, survey-based data
  • Such assessment addresses mechanisms and
    instruments that citizens and organisations
    develop in order to measure governments human
    rights commitment and performance social human
    rights accountability

3
Human rights and governance a linkage
  • Democratic governance and social accountability
    bringing human rights in
  • Human rights as part of democratic governance
    Three empirical dimensions, and corresponding
    human rights
  • Governance as constituent rules of a polity and
    management of policy decision and policy-making
    (Hyden)
  • Citizens influence and oversight participation,
    aggregation of preferences, accountability
  • Responsive and responsible leadership at all
    levels respect for civic action, openness and
    transparency in policy-making, rule of law
  • Social reciprocities political equality,
    inter-group tolerance, inclusiveness in
    associations and civic action
  • Human rights provide normative and legal
    indicators for the protection of each of these
    components of governance

4
HRBAD and social accountability?
  • According to a human rights based approach,
    social development and political orders should be
    consistent with
  • Explicit linkage to human rights treaty law (and
    state obligations). Human rights implementation
    as a goal of social development and political
    orders
  • Sources of narrative and quantitative data State
    reports, alternative reports Incl. data bases, HR
    Watch systems, special rapporteurs, GC,
    Concluding observations, case law
  • Accountability of the state to uphold rights, and
    secure capabilities and freedoms of people.
  • Mechanisms Political, legal, institutional
  • Empowerment Empower people to claim their rights
  • Mechanisms Individual complaint primarily
    collective
  • Participation Access to information,
    consultations, inclusion
  • Transparency Insight, oversight, public
    discourse, media old and new
  • Non-discrimination, equality gender sensitive,
    minorities
  • Vulnerable groups a priority
  • These HRBAD components supports the functioning
    of social accountability

5
How can human rights inform and influence social
development and governance performance?
  • By upholding principles of HRBAD
  • By using human rights data and indicators,
    including public interest litigation (legal
    accountability)
  • Securing a bottom up perspective, local
  • By addressing social justice (poverty issues,
    affirmative action etc.)
  • By emphasizing the role of the media
  • By involving the human rights community at local
    and national levels

6
Dilemmas
  • A missing factor? Power analysis of social
    accountability
  • Power as constraint on SA (invisible, hidden)
    how to access spaces of power and claim or create
    spaces of influence?
  • Who produces information for SA?
  • The role of National Human Rights Institutions
    (100)
  • Who uses the information, how and what is the
    purpose of human rights assessment of governance?
  • Follow up, plan of action, relationship to
    government?
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