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Human Rights in the Context of UN Reform. What is the UNDAF?. Strategic programme framework for the UN Country Team Describing collective UN response to MD/MDG related national priorities Demonstrate the UN Comparative advantage Strategic positioning. UNDAF - Strategic focus.
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What is the UNDAF? • Strategic programme framework for the UN Country Team • Describing collective UN response to MD/MDG related national priorities • Demonstrate the UN Comparative advantage • Strategic positioning
UNDAF - Strategic focus • Support in areas where the UNCT can make the biggest difference; • Address root causes; • The UNCT has comparative advantage to address the identified problems; • Sufficient resources are available, or can be mobilized; • Alignement with key actors/stakeholders engagement.
Strategic Priority Setting for UN Country Teams MD/MDGs/ International norms Major Challenge UNCT Comparative Advantage Alignment of key actors to support UNCT action 2 1 3 4 Top strategic priority Potential high priority: use negotiation/consensus building to seek alignment Potential high priority: draw on regional/global UN capacity where feasible 4. Lower priority: does not meet major challenge
What are Human Rights? • 3 cards per table • You have 10 minutes
What are human rights? Universal legal guarantees Civil, cultural, economic, political and social Protect human values (freedom, equality, dignity) Inherent to individuals and, to some extent, groups Grounded in international norms and standards Legally binding on States
What is Development? • 3 cards per table • You have 10 minutes
Evolution of the ‘Development’ Regime • Economic development (Marshall Plan) • Technical Assistance (cold-war) • Community Development • Basic Needs Approach • Sustainable Development • Sustainable Human Development • ‘Political Economy’ • Human Rights-based Development
Human development … and Human rights The linkage between … Process of enhancing people’s capabilities Expand choices and opportunities Lead a life of respect and value Claims to be protected from abuses and deprivations Secure the freedom for a life and dignity Requires capacity that development makes it possible
Similarities Programming complementarities MDGs and human rights Common objectives Tools for accountability Progressive realization Similar guiding principles Gender equality is integral Align each MDG with HR HR standards add quality to MDGs’ numerical targets HR adds quality to MDG process HR helps reduce disparities
Gender mainstreaming … and women’s rights The linkages between … Considers implications of any actions on both women and men Makes both women’s and men’s concerns integral to all phases of programming Ultimate goal: gender equality CEDAW: Legal demand for non-discrimination Women’s rights are central to HRBA Ultimate goal: gender equality and realization of all human rights for both women and men on equal terms
Human rights and conflicts Violent conflict prevents the realization of human rights Non-realization of human rights may lead to violent conflict Violation of human rights often represents manifestation of conflict emergence or escalation There is a reciprocal relationship between human rights and conflict prevention. Violations of human rights are a root cause of conflict; they are also a common consequence of it. Secretary-General’s Progress Report on the Prevention of Armed Conflict (2006)
...To achieve international cooperation…in promoting and encouraging respect for human rights and for fundamental freedoms… --UN Charter, art. 1 Human rights in the UN
UN Charter UDHR Cold War Development Human Rights Peace & Security humanitarian action Vienna Beijing Copenhagen Cairo UN Reform Agenda 1997/2005
‘In Larger Freedom’ Humanity will not enjoy ... • security without development • development without security • either security or development without respect for human rights
National protection system Ensuring sustainable respect for human rights requires: • Constitutional and legal framework • Effective institutions (parliament, government, judiciary, public administration, human rights institutions) • Procedures and processes including effective remedies • Policies and programmes, including awareness raising • Vibrant civil society and free media
Human rights instruments ICCPR ICESCR CERD CEDAW CRC CAT UN Charter UDHR HRC CRPD CMW National Protection Systems Other International Instruments Regional Regimes
Treaty bodies Treaty bodies monitor and facilitate the implementation of the treaties through: • Reviewing State Party reports and additional sources of information • Adopting observations and recommendations • Adopting General Comments on HR Standards contained in the treaty • Examining individual complaints (some of them) • Making confidential inquiries (some of them)
Links between national, regional and international protection systems Global & regional protection are complementary Global & regional norms require national implementation Global & regional protection if national remedies have been exhausted National norms should be consistent with global and regional standards
Special procedures Country mandates (8) Thematic mandates (27) Burundi Cambodia DPRK Haiti Myanmar Palestinian territories Somalia Sudan ►Adequate housing ►African decent ►Arbitrary detention►Sale of Children ►Education ►Enforced Disappearances ►Extrajudicial executions ►Extreme poverty ►Food ►Foreign debt ►Freedom of opinion & expression ►Freedom of religion ►Health ►Human rights defenders ►Independence of judges and lawyers ►Indigenous people ►Internally displaced persons ►Migrants ►Minority issues ►Racism ►Slavery ►International solidarity ►Terrorism ►Torture ►Transnational corporations ►Water and sanitation ►Violence against Women
Human rights obligations Duty-bearers Right to water Respect Protect Fulfill Do not disconnect supply without due process Pro-poor price regulation when supply is privatized Ensure, over time, everyone is connected Refrain from interfering with the enjoyment of rights Prevent others from interfering with the enjoyment of rights Adoptappropriate measures towards full realization of rights
Value of international human rights mechanisms in development work Advocacy tool: Open opportunities to have dialogues around sensitive issues Accountability tool: HR bodies provide transparent mechanisms to monitor government efforts Analytical tool: Help understand underlying and root causes of development problems Programming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)
What is a human rights-based approach? What is NOT a HRBA … Rhetorical repackaging Human rights activities Political conditionality
What is a human rights-based approach? • The human rights-based approach is a conceptual framework that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights • Aim: to create the conditions under which people can live in dignity and peace and develop their full potential
UN common understanding on HRBA GOAL 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 Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 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
Common understanding on HRBA (1) GOAL 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
Programming strengthened by Human Rights Mechanisms Observations by Treaty Bodies and Special Procedures → Analysis of development issues from a HR lens Recommendations by Treaty Bodies and Special Procedures → Provide tools for UN programming to address problems identified General comments by Treaty Bodies → Identify the precise content of development objectives by clarifying the meaning
Common understanding on HRBA (2) PROCESS Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process
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
Human rights principles Universality and inalienability Indivisibility Interdependence and interrelatedness Equality and non-discrimination Participation and inclusion Accountability and the rule of law
Group work! At your tables, and each table takes one set of principles and discuss: What do the principles of (equality and non-discrimination; participation and inclusion, and accountability and the rule of law) mean, and what are some of the questions to be posed and answered in the programming process? Summarize your discussion in max 1 flipchart sheet You have 30 minutes
Equality and Non-Discrimination • Is there a legal framework that guarantees the principles of equality and non-discrimination, and what mechanisms are in place to give effect to these principles? • How do you know who is vulnerable/marginalized or discriminated? Do we have sufficient data available to take informed decisions? • Are there laws, institutional administrative or regulatory practices that are discriminatory against a particular group of the population? • Is there a prevailing culture of “de facto” discrimination in society?
Participation and Inclusion • Are marginalized and excluded people able to participate freely in their own development? • Who are the stakeholders / target beneficiaries? Why? • How do we select target groups? • How will/are they participating? • Who is facilitating the participation process? • Who is not participating and why? • What is their influence and power?
Accountability and the Rule of Law • Who is the program accountable to? • Are there mechanisms in place for people to seek redress if they have complaints?
Common understanding on HRBA (3) OUTCOME Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights
Rights-holders and duty bearers Rights-holders: Duty bearers: • 6,783,421,727 (World population est 31/5/2009) • Every individual, either a man, woman or child, of any race, ethnic groups of social condition • Groups (to some extent) Primarily States In some cases, certain individuals have specific obligations Individuals and private entities also have generic responsibilities towards the community to respect the rights of others
The HRBA in UN programming Analysis UNDAF CPs M&E Analysis of Development challenges UNDAF Outcomes CP outcomes M&E Systems Empowered rights-holders and accountable duty-bearers contribute to the realization of human rights Strengthened capacity of rights-holders and duty-bearers Causal connections of rights Patterns of discrim. inequality, and exclus Capacity gaps of RHs and DBs Mechanisms for participat. of RHs & DBs in programme monitoring
How to integrate human rights? Government-UN cooperation helps… Those who have entitlements to claim them Those who have responsibilities to honour them Focus on the most excluded, disadvantaged 3 key questions… Whose rights are not being met? Who has a responsibility to act? What do these people need to be able to act? (authority, skills, resources)
Practical Implications What it doesn’t mean …that for every article of every convention there must be a national policy or programme response with specific indicators What is does mean.. Policy development and programmes should address the causes and capacity gaps that prevent some people from enjoying their rights.
HRBA to Results Based Programme Planning Impact: Realization of human rights, as laid down in international instruments ↑ Outcome: Increased performance of rights- holders and duty-bearers ↑ Outputs: Capacity development of RHs, DBs ↑ Process: Guided by Human Rights principles
HRBA RBM Outcomes A change in the performance of rights holders and duty-bearers What are RH and DB doing differently? Outputs A change in the capacities of RH and DB? What are the new services, products, authority, responsibility, skills, resources that contribute to performance?
Day 3 Linking Rights with results: The three step approach 1. Causality Analysis