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Human Rights Based Approach to Programming. Part 1: International, regional and national human rights protection systems.

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Presentation on theme: "Human Rights Based Approach to Programming. Part 1: International, regional and national human rights protection systems."— Presentation transcript:

1 Human Rights Based Approach to Programming

2 Part 1: International, regional and national human rights protection systems

3 UN Charter UDHRHRC ICCPRICESCR CERDCEDAW CATCRC National Protection Systems CMW Other International Instruments Regional Regimes CRPD Human rights instruments

4 CCA UNDAF Guidelines More than 80 per cent of Member States have ratified four or more of the eight core international human rights treaties. When governments ratify treaties, every person within the country is entitled to have those human rights respected, protected and fulfilled. The UNCT supports actions that help Member States to fulfill these obligations and reach these goals.

5 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 that help define HR Standards contained in the treaty; e.g. right to water, right to education, right to food etc.

6 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 remedy Policies and programmes, including awareness raising Vibrant civil society and free media

7 Regional human rights systems Instruments European Convention for the Protection of Human Rights and Fundamental Freedoms American Convention on Human Rights and San Jose Pact on Economic, Social and Cultural Rights African Charter on Human and Peoples Rights Arab Charter on Human Rights Mechanisms European Court on Human Rights Inter-American Commission on Human Rights Inter-American Court on Human Rights African Commission on Human and Peoples Rights African Court on Human and Peoples Rights

8 International human rights mechanism Treaty-based CESCR HRC CERD CEDAW CAT CRC CMW CRPD Charter- based Human Rights Council Special Procedures Universal Periodic Review

9 National Regional Intl 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 Links between national, regional and international protection systems

10 Promotes universal protection Addresses and prevents violations Develops international law Reviews compliance of Member States Respond to emergencies International forum for dialogue Universal Periodic Review Special Procedures Advisory Committee Complaint Procedures Human Rights Council

11 Universal Periodic Review Review the fulfillment of the human rights obligations of all countries All Member States will be reviewed within 4 years (48 States per year) Review will be carried out by peers (groups of three Member States)

12 UPR in Arab States http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx CountryUPR Date AlgeriaApril, 2008 EgyptFebruary, 2010 MoroccoApril, 2008 Saudi ArabiaFebruary, 2009 Syria TunisiaApril, 2008 YemenMay, 2009

13 Special procedures Country mandates (8) Adequate housing Sale of Children Education Extreme poverty Food Freedom of opinion & expression Freedom of religion Health Independence of judges and lawyers Internally displaced persons Migrants Minority issues Racism Terrorism Torture Water and sanitation Violence against Women Thematic mandates (27)

14 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)

15 Check on… …Status of ratification …Whether a Countrys pledge to the HRC exists …Recent Treaty Body concluding observations …Recent State reports to Treaty Bodies …Recent visits of Special Rapporteurs or statements and communications on the country …Calendar of upcoming events and SP country visits http://www.ohchr.org/english/countries www.ohchr.org

16 Part 2: Defining the Human Rights Based Approach in Programming Process

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

18 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 in all 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 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 in all 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 GOAL PROCESS FOCUS UN common understanding on HRBA

19 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 Common understanding on HRBA (1)

20 Programming strengthened by Human Rights Mechanisms Observations by Treaty Bodies, Special Procedures and UPR Analysis of development issues from a HR lens Recommendations by Treaty Bodies, Special Procedures and UPR 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

21 Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process PROCESS Common understanding on HRBA (2)

22 Human rights principles Equality and non- discrimination Participation and inclusion Accountability and the rule of law

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

24 Development cooperation contributes to the development of the capacities of duty- bearers to meet their obligations and/or rights-holders to claim their rights FOCUS Common understanding on HRBA (3)

25 Rights-holders and duty bearers Rights-holders: 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) Duty bearers: Much less 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

26 The role of capacity development

27 Group Work At your tables, identify: 1 or 2 opportunities and/or challenges for UN system at country level in using HR instruments/protections systems in the UNDAF process (10 min)

28 Causality Analysis

29 Strengthened capacity of rights-holders and duty-bearers Reveals the causes of major development problems Identifies patterns of discrimination, inequality, and exclusion Identifies the capacity gaps of rights-holders and duty-bearers Rights-holders & accountable duty-bearers contribute to the realization of human rights Establish mechanisms for participation of rights-holders & duty bearers in prog./ project monitoring HRBA in Programming Country Analysis UNDAF Prog/ Project M&E

30 Country Analysis GATHERING INFORMATION About development problems from different sources, including national treaty reports and observations and recommendations from treaty bodies, UPR, etc. ANALYSIS Of root causes & their linkages ASSESSMENT Shortlist major development problems for deeper analysis

31 Detailed Steps 1. CAUSALITY ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

32 Why a causal analysis? If a problem is caused byconditionsthree

33 Why a causal analysis? If a problem is caused byconditionsthree All three conditions mustbeaddressed

34 Problem Tree Malnutrition & death Inadequate dietary intake Disease Insufficient food security Inadequate Maternal & Child Care Insufficient health services & unhealthy environment Political, Ideological, Economic structures Resource Control + Organizational structures Root causes Root causes Underlying causes Underlying causes Immediate causes Immediate causes Manifestations

35 81 Immediate Causes Underlying Causes Root Causes Problem 1: HIV/AIDSProblem 2: Girls Education Core Problem Area Gender Discrimination

36 P 2 manifestation root Effect Cause underlying immediate problems P 1

37 Group Instructions: Causal analysis/problem tree Using the thematic issue from your groups (Economic Development; Governance; Social Service Delivery), formulate a problem statement (10 min) Discuss and identify the immediate, underlying and root causes and build a problem tree (30 min)

38 Outcomes/Rights not fulfilled Basic /structural causes Society, Policies, Resources Underlying causes Services, Access, Practices Immediate causes Direct Effect Causal analysis: why?

39 Role/Pattern & Capacity Gap Analysis

40 Outcomes/Rights not fulfilled Who among policy makers? Who in household or family? Who within the community? Who among service providers? International level? Role analysis: who?

41 Capacity Gap Analysis

42 Responsibility/motivation/commitment/leadership (acknowledgment by the db/rh that he/she should do something) Authority (legitimacy of an action) Access and control of resources (human, economic and organisational) Decision making/communication (access to adequate information to facilitate evidence based decision making, capacity to process information, to identify problems, take action and assess results, use of lessons learned) Key capacities

43 Outcomes/Rights not fulfilled Unable to organize oneself and take action Lacking recognition of duty Little knowledge or information Limited skills Meager financial or material resources Lacking authority or mandate Capacity analysis, Duty Bearers: what capacity gaps?

44 Group Work: Role Pattern & Capacity Gap Analysis - Select a chain of causes in your problem tree causality analysis. -Based on the selected chain, identify one critical DB or RH, and their expected roles (claims and duties) (10 min) -For the selected Right Holder or Duty Bearer, identify their key capacity gaps (the things that prevent duty bearers from performing their roles and claim holders from claiming their rights) (15 min) -Write them on flipcharts You have 25 min

45 ClaimsCAPACITY GAPS Rights holder 1 Rights Holder 2 Duties/obligationsCAPACITY GAPS Duty Bearer 1 Duty Bearer 2


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