1. A Human Rights Based Approach To Programming March 31 st –April 2 nd 2008 “An Overview Presentation to the HENNET Capacity Building of NGOs On Integration of HR in Health Programmes Learning Workshop Held at Loreto Mary Ward Centre Langata - Nairobi” By Bonee Wasike -UNICEF

2. Why this Presentation? All NGOs in HENNET have a duty to ensure that all Kenyans have quality health – Duty bearers (ICSECR) Design and implement health programmes to achieve the expected outcomes in a sustainable manner Identify any gaps in the health policy formulation and implementation process and, Offer suggestions and recommendation on how best to improve on both the outcomes and the process What then is the underlying Principle of a HRAP?

3. B D C A OUTCOME PROCESS Good Bad Good

4. Duty-bearers have four categories of obligations/ duties to observe Directly provide assistance or services for the realization of the right Duty Requirement Respect Protect Facilitate Provide Refrain from interfering directly or indirectly with the enjoyment of the right Take measures that prevent third parties from interfering with the enjoyment of the right Adopt appropriate legislative, administrative, budgetary, judicial, promotional, and other measures towards the full realization of the right

5. Rationale for Applying HRBAP to Programming for Children HR Approach allows Duty- Bearers (NGOs) to: Introduce HR values and principles in programming Analyse correlations among rights violations and their root causes Look at duty-bearers relations roles and capacities Prioritise and integrate strategies and objectives, so as to go beyond issue-based programming Seek both desirable outcomes and legitimate processes to address pertinent issues affecting the health of Kenyans

6. Principles of HRBAP in Programming for the health of kenyans: - How do Duty-Bearers at all levels of Society ensure: All Kenyans, all the time, all rights, everywhere/ Cannot be separated into parts Universality/ Indivisibility Equality/Non- Discrimination Are for every one, Equal Access, Cannot be taken away Participation/ Inclusion Every Person and all entitled to enjoy HR Accountability/ Rule of Law Create environment for all to enjoy

7. What does HRBAP entail? Rights are human constructs or relationships that change over time Claim (Right) Holder VALID CLAIM CORRELATIVE DUTY e.g. “A Child has a valid claim (right) to say “to quality health” – others have duties (or obligations) to ensure that the right is realized.” Duty Bearer

8. What does HRBAP entail? Contd.. Primary, Secondary etc, Claim-Holders and Duty-Bearers (Pattern of Rights) HR are moral codes in all societies on what is right or wrong, permissible or not permissible HR protect all people from exploitation and dominance by more powerful people Universal Human Rights are “moral minimum” based on a ‘non-ethnocentric global ethics’ The International Conventions and Health Policies in Kenya provide us with our “Moral Minimum” for the NGOs to Operationalize HRAP/CCD to facilitate the realization of health rights in Kenya How do we Implement the various covenants and health related policies to realize the right to quality health in Kenya through a HRAP?

9. For Every Right Stipulated in the Covenants & Policies: Situation Analysis to identify immediate, underlying and basic causes of the non-realization of human rights (Causality Analysis) Identification of key claim-holder/duty-bearer relationships at all levels of society (Pattern Analysis) Assessment and analysis of the capacity gaps of claim-holders to claim their rights and of duty-bearers to meet their obligations. (Capacity Analysis). Undertake a prioritization process of what needs to be done to close the Gaps. (Candidate Actions) Undertake a Partnership Analysis to enhance the sustainability of programme interventions. (Partnership Analysis) Design Project/Programme Interventions. (Programming) Monitoring and evaluation of both outcome and process guided by the HR standards and principles. Programming is informed by the recommendations of international human rights monitoring mechanisms.

10.  A Conceptual Framework of Causality is Evidence based and Scientific  Must be simple to communicate  It helps facilitate a ‘focused analysis’  Who should do the analysis: All key actors with significant claims and/or duties  Must facilitate the identification of all potentially important causes of the problem manifestation in a Hierarchy (immediate, underlying and basic/structural causes) Causality Analysis (1)

11. Process:  Identify and specify the major manifestation of the problem  Identify the key immediate causes  Identify the key underlying causes of the immediate causes  Identify the key basic/structural causes of the underlying causes Causality Analysis 2

12. Social Processes And Generation of Capacity (Social Trends)Social Trends Social Processes And Generation of Capacity (Social Trends)Social Trends Malnutrition And Death Malnutrition And Death Insufficient Dietary Intake Disease Inadequate Household Food Security Inadequate Health Service & Unhealthy Environment Inadequate Responsibility, Authority and Resources Inadequate Maternal & Child Care Potential of Society Social Organization and Relations Social, Economic, Political and Culture Process

13. Conclusions  Facilitates a ‘focused’ analysis  Facilitates a multi-sectoral dialogue  Improves program preparation, implementation, monitoring and evaluation  Strengthens the advocacy to address basic causes RESULT: A set of rights not being realized and the subjects and objects of each right (claim-holders and duty- bearers) Why (CCD)?

15. Community Engagement Through The Triple "A" Participatory Approach

18. Step 3: CAPACITY FOR DEVELOPMENT  Responsibility/Motivation/Leadership  Authority  Resources - Human - Economic - Organizational  Capability for Decision-making and learning from actions (AAA)  Capabilities for communication

19.  Claim-holders capacity to claim their rights  Duty-bearers capacity to meet their duties  Need to be focussed and specific  Participation is the key to capacity analysis CAPACITY ANALYSIS

20. The Right to Quality Nutrition Claim- Holder Duty-bearer ChildrenParentsCommunityDistrict ParentsGrow nutricious food crops Provide food,and balanced diet Non-Discrimination of girls Allow time for children to play in secure environment Care givers- Provide good quality food - Establish child friendly and good care giving centres - Be innovative in Care Giving - Fundraise and Resource Mobilize Assist in Fundraising thro’ Harambee Establish Kitchen gardens Offer high quality nutrition Encourage parents tocare for all children including girls Assist in Proposal writing Resource Planning and Mobilization Participate in Community governance Networking and Partnerships Implement 19 care practices prepare proper budgets to advance the cause for good nutrition

21. Capacity Claim Holder Children Responsibility Authority Resources AAA Communication Do not see the value of good nutrition No motivation to care for girls Mothers want to care for their girls, but have no authority Need children’s work at home Lack Fundraising Skills Some decisions are influenced by superstition Lack of information on available resources Parents often illiterate, which limits the capacity to practices good care practices CAPACITY GAPS OF PARENTS

22. Capacity Claim Holder Children Responsibility Authority Resources AAA Communication Often absent from care centresl Sometimes having poor attitude Children have no trust in their care givers Not adequately trained to provide good quality nutrition Do not recognize the relationship between good health and secure and safe environment Most care givers lack communication skills CAPACITY GAPS OF CARE GIVERS

23. Step 4: IDENTIFICATION OF PRIORITY ACTIONS  Actions aim at narrowing or closing capacity gaps of claim-holders and duty bearers.  Actions should be taken at all levels of society  Generic Actions: Advocacy and Social Mobilization Information Education Training Service-delivery  Programming is about making strategic choices  Priority Actions

25. What are the possible candidate actions? Criteria for Selection –Severity of the violation –Number of affected –Cost/Feasibility –Sustainability –CCA/UNDAF/PRSP/ ERS –Vision 2030 –Health Strategic Plan STEP 4: Identification of Candidate Actions Contd

26. Allows each agency to focus on comparative advantage Partnerships with government continue but alliances with civil society essential Partnerships with UN agencies based on UN charter, shared human rights principles and through CCA and UNDAF A rights-based approach requires building a wide range of strategic partnerships and alliances Step 5: Partner Analysis

27. Partnership analysis Candidate actions Capacity gap analysis Role/Pattern analysis Causality Analysis Step 6: Programme/Project Design Program

29. Experiences: GOK-UNICEF Focus Districts Developed a popular HRAP/CCD Version in Kiswahili focusing on Community Capacity Development District Steering Committee Members trained in HRAP/CCD and Fundraising and Resource mobilization skills Most of CBOs and NGOs working in Learning Communities of Nairobi, Kwale and Garissa trained in HRAP/CCD and Fundraising and Resource Mobilization to ensure progressive realization of children rights Trained a few duty-bearers on what it takes to implement the Children Act

30. Experiences : GOK-UNICEF Focus Districts Contd Most of the Members in the Learning Communities of Nairobi, Garissa and Kwale have been trained Few GOK trained due lack of support for the process and limited resources Rights issue is misunderstood by high level decision makers Communities able to demand/realize rights

31. Experiences: GOK-UNICEF Focus Districts contd Many cases of rights violation being exposed by the communities Children issues being given more attention now than before Formation of child rights clubs is on the increase County Councils have increased their support to Early Childhood Centres

32. Lessons learnt from HRAP/CCD Focused and implementable Community Action Plans Improvement in Ownership of the Programme/Project activities Sustainable Process both at the District and Community levels Increased participation from both District and Community levels in programme planning and implementation Increased community resources for realization of children rights in the learning communities of Nairobi, Garissa, Isiolo, Turkana and Kwale districts.

33. Main Challenges in the implementation of HRAP/CCD Participation of all duty –bearers at all level is difficult Massive resources required for roll out or operationalization of the process Difficult to change peoples’ attitude to do business in the New way Need for elaborate guidelines/strategies for sustainable operationalization of the process Lack of high level political support and commitment to the process

34. Way Forward for District/Community Sector Plan to use HRAP in prioritizing MDG and Vision 2030 goals especially for the Social Pillar to help analyze their trends and corresponding social sector allocation to achieve priority targets. Integrate HRAP with Fundraising and Resource Mobilization in addressing identified District/Community Capacity Gaps Engage Community/District and National level duty-bearers and claim holders in dialogue with a view to making districts child-friendly