The Human Rights-Based Approach in the Programming Process

1. The Human Rights-Based Approach in the Programming Process Action 2 Learning Human Rights Together

2. What is a human rights-based approach? What is NOT a HRBA … Rhetorical repackaging Human rights activities Political conditionality

3. 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

4. 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

5. 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

6. 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

7. PROCESS 2. Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process • Human rights standards and principles improve the quality of outcomes and processes • Human rights principles provide the “playing rules” for the development process

8. 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

9. Human Rights Principles • Universality and inalienability • Indivisibility • Interdependence and Inter-relatedness • Equality and non-discrimination • Participation and inclusion • Accountability and rule of law

10. …The integration of human rights principles and standards into all stages of the programming process… ASSESSMENT & ANALYSIS MONITORING AND EVALUATION PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION

11. OUTCOME 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 • 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

12. Rights-holders & Duty-bearers 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 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 extentgroups

13. Capacity development

14. HRBA in UN Country Programming Process UNDAF Prog/ Project M&E Country Analysis Rights-holders & accountable duty-bearers contribute to the realization of human rights Strengthened capacity of rights-holders and duty-bearers Establish mechanisms for participation of rights-holders & duty bearers in prog./ project monitoring Establishes causal connections of rights Identifies patterns of discrimination, inequality, and exclusion Identifies the capacity gaps of rights-holders and duty-bearers

15. 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