Based on UN slides, Amporo Tomas & IHRN Maria Løkke Rasmussen

1. Human Rights Based Approach to Development:Introduction to Human Rights Based Approach Principles Based on UN slides, Amporo Tomas & IHRN Maria Løkke Rasmussen International Education ManagerM.A. in International Development and Adult Education Danish Institute for Human Rights 11.09.09

2. INTRO TO HRBA PRINCIPLES OBJECTIVE of the session: To provide an overview of key HRBA principles and what it means to apply them in development practise. The presentation will introduce…. • Applying the Human Rights Framework (emphasis) • Participation and Empowerment • Accountability • Non-Discrimination, Equality and Vulnerable Groups .…as background for the in dept presentations mon-wed;

3. WHAT IS A HUMAN RIGHTS BASED APPROACH? • A conceptual framework for the process ofhuman developmentthat is based oninternational human rights standards& principles; • Identifies rights-holdersand their entitlements and corresponding duty-bearers and their obligations => strengthening their capacities to claim rights and meet obligations; • Focus on discriminated and marginalised groups and their empowerment; • Outcome and process of development are equally important; • It builds upon existing development approaches

4. HUMAN RIGHTS PRINCIPLES • Universality and inalienability • Indivisibility • Interdependence and Inter-relatedness • Non-discrimination, Equality and Vulnerable groups • Participation and inclusion (Empowerment) • Accountability and rule of law

5. HRBA PRINCIPLES (ACRONYM) • Participation • Accountability and rule of law • Non-discrimination, Equality and Vulnerable groups • Empowerment • Linkages to human rights framework • (Amporo Tomas)

6. HRBA PRINCIPLES (this course) • Applying a Human Rights Framework • Participation and Empowerment • Accountability • Non-Discrimination, Equality and Vulnerable Groups

7. Group work on HRBA principles What? • 4 groups - of 5 persons • Each group work with one HBRA principle: • Applying a Human Rights Framework • Participation and Empowerment • Accountability • Non-Discrimination, Equality and Vulnerable Groups Questions to answer: • What does the principle mean/how should it be understood? • What implications do the principle has on dev. prgr? • What are the human rights standards/normative grounds for the principle? (only if time is available) Resources to be used: • Amporo Tomas: A HRA to Development • OHCHR: Frequently asked questions on HRBA to Dev. coop Time allocation: • 15 min individual reading • 30 min group discussion • 15 min write on flip over • 3 min presentation each – choose presenter!

8. HRBA PRINCIPLE: Applying the Human Rights Framework

9. HRBA PRINCIPLE:Applying the Human Rights Framework • Define development goals in terms of international human rights commitments of the state; • Highlights the indivisibility, interdependence and interrelatedness of rights – addressing simultaneously civil, pol, ec, soc, & cultural rights => grasps complexity of development problems ; • Human Rights Standards provides a road map to the scope of the problem and the desired results of development; • Human Rights Standards set minimum guarantees for poor and vulnerable groups;

10. HRBA PRINCIPLE:Applying the Human Rights Framework Ex. of Human Rights Standards RIGHT TO LIFE • Includes extrajudicial executions, genocide, killing by civilians in armed conflict • Normative grounds: Art. 3 UDHR; Art. 6 ICCPR; Art. 5(b) CERD; Art. 6 CRC RIGHT TO FOOD • Availability and adequacy – in adequate quantity/quality to satisfy dietary needs • Accessibility: • Physical accessibility + Affordability • Stability of food supply • Environmental sustainability + Economic and social sustainability • Normative grounds: Art. 25 UDHR; Art. 11 ICESR; Art. 8 Right to Development;

11. HRBA PRINCIPLE:Applying the Human Rights Framework Ex. of Human Rights Standards RIGHT TO WORK • Protected as: • Source of livelihood and income • Source of dignity and self-realization • Involves many aspects, such as: • Opportunity to access freely accepted work • Safe and healthy conditions of work • Fair wages: remuneration that provides decent living; equal pay for equal work • Form trade unions, join trade unions, etc. • Normative grounds: Art. 23 UDHR; Arts. 6,7,8 ICESR; Art. 8(1) Right to Development; Art. 5(e)(i)(ii) CERD; Art. 11 CEDAW; Art. 32 5(e)(iv) CERD; Art. 12 CEDAW; Art. 24 CRC

12. HRBA PRINCIPLE:Applying the Human Rights Framework Ex. of Human Rights Standards RIGHT TO HEALTH • Right to access adequate health services and facilities and to underlying determinants of health (food, nutrition, housing, access to safe and potable water and sanitation, safe and healthy work conditions, healthy environment, etc.) • Includes: • Availability (sufficient quantity): hospital, staffs, drugs • Accessibility (physical, economical, access to information) • Acceptability (sensitive to culture, gender, life cycle) • Quality • Normative grounds: Art. 25 UDHR; Art. 12 ICESR; Art. 8, Right to Development; Art. 5(e)(iv) CERD; Art. 12 CEDAW; Art. 24 CRC

13. HRBA PRINCIPLE:Applying the Human Rights Framework Programming Implications Human rights standards: • Strengthen and deepen the situation analysis by identifying power relations e.g. groups lacking rights and groups denying rights; • Set conditions for implementing and monitoring the progress of development programmes; • The general comments of the human rights treaty bodies + country-specific recommendations provides detailed guidance on what the international human rights standards mean in all phases of programming.

14. HRBA PRINCIPLE: Participation & Empowerment

15. HRBA PRINCIPLE: Participation & Empowerment Participation: • Participation is an objective, as well as a means, of development; • Ensure participation is active, free, and meaningful - mere formal consultation is not sufficient; • Ensure that national and local development processes and institutions are accessible and that information is transparent and timely; Empowerment: • Ensure policies and programmes are based on empowerment - not charity => ensure people have the power, capacities (incl. edu + info) and access to improve their own communities and influence their own lives • Ensure that rights holders & duty bearers share common understanding of human rights goals and the duties to respect, protect and fulfil them • Eg. systematically educate and raise awareness of duty bearers

16. HRBA PRINCIPLE: Participation & Empowerment Human Rights Standards • Human rights standards influence the conditions as well as reasonable limitations of participation; • Participation should be “active, free & meaningful” (Right to Dev); • Women in rural areas have the right to participate in development planning at all levels (CEDAW, art. 14) • Children’s views must be taken into account (CRC, art. 12); • All Citizens has the right to take part in public affairs (voting/be elected) (ICCPR, art. 25) - not unconditional right to choose any mode of participation

17. HRBA PRINCIPLE: Participation & Empowerment Programming Implications • National stakeholders should have genuine ownership and control over development processes in all phases of the programming cycle: assessment, analysis, planning, implementation, monitoring and evaluation; • Not just consultation => empower citizens - esp. marginalized - to claim rights from duty-bearers, and take charge of their own development; This may require: • Budgeting and building capacities for CSOs and effective participation, within dev. prg.; • Increase transparency => making policies and project information available; • Create specific channels for participation by the poorest and most marginalized groups throughout the programming process; • Civic education & HR awareness-raising need be cross-cutting components of dev. prg; • Support media and communications campaigns; • Broaden alliances w. CSOs and strengthen networks to claim rights from duty-bearers.

18. HRBA PRINCIPLE: Accountability

19. HRBA PRINCIPLE: Accountability • Apply human rights impact assessment to all plans, proposals, policies, budgets, and programmes to determine progress in human rights terms; • Identify claim-holders (and their entitlements) and corresponding duty-bearers (and their obligations) and buildtheircapacities to claim and provide the rights; • Translate universal standards into benchmarks for measuring progress and enhancing accountability; • Develop effective laws, policies, institutions, administrative procedures, and mechanisms of redress that ensure delivery of entitlements, respond to denial and violations, and ensure accountability.

20. HRBA PRINCIPLE: Accountability Programming Implications • Involve stakeholders in analysis, prg. planning, implementation and reviews; • Build relationships between rights-holders and duty-bearers by working together; • Increase the incentives for better performance by duty-bearers, through: • educating people about their rights, • promote transparent budgeting and building capacities for budget analysis • support advocacy for information and statistics • build capacities for policy analysis and social impact assessment • Ensure that participatory monitoring takes place on an ongoing basis throughout dev. prg. • Establish monitoring systems: • UN country team and agency level • Civil society organizations’ oversight bodies • advisory boards • regular stakeholder meetings

21. HRBA PRINCIPLE: Non-discrimination, Equality and Vulnerable groups

22. HRBA PRINCIPLE: Non-discrimination, Equality and Vulnerable groups • Address discrimination and identify vulnerable groups; • Ensure data is disaggregated (race, religion, ethnicity, language, sex, migrants, age, etc); • Gender-proofing (assess implications for women and men of policies, legislation and programmes at all levels)

23. HRBA PRINCIPLE: Non-discrimination, Equality and Vulnerable groups Human Rights Standards • Common to all human rights treaties: prohibited on the grounds of sex, age, national or social origin, political or other opinion, etc. • Linked to equality and special attention to vulnerable groups • Sometimes equal treatment reinforces inequality: substantive equality requires special attention to vulnerable groups and even temporary measures of protection (affirmative action) – e.g. women • Normative grounds: Art. 7 UDHR; Art. 2(2) ICESR; Arts. 2(1) and 2(2) ICCPR; Art. 1,3,4 CERD; Arts. 1,2,4,7 CEDAW; Art. 2 CRC, Right to Development

24. HRBA PRINCIPLE: Non-discrimination, Equality and Vulnerable groups Programming Implications • Priority attention towards those suffering discrimination and disadvantage in any given context, especially the poorest of the poor and those suffering multiple discrimination, such as rural women of an ethnic minority. • Strengthen capacities for data collection and analysis to ensure that data are disaggregated, as far as possible, on the grounds of race, colour, sex, geographic location and so forth. • Advocate temporary special measures to level the playing field and rectify structural discrimination, including affirmative action for women and special forums for participation. • Make project information available in accessible formats and minority languages.

25. Duty-Bearer State is the primary - Accountability- Claim rights from Fulfil obligations towards Procedural Rights Information - Participation - Access to Justice Rights-Holder Individual - Participation - CAPACITATING RIGHTS HOLDERS & DUTY BEARERS • The individual is empowered by: • Knowledge - Recognition - Access • …to claim their rights The State has the obligation to: - Respect - Protect - Fulfil …human rights International, Regional and National Human Rights SYSTEMS Providing LEGAL FRAMEWORK & MONITORING

26. HRBA => 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