1. Human Rights and Development. Reflections about Human Rights and Developmental States The Characteristics of Failed and Developmental States What has Human Rights to offer to Development? Concluding Perspectives on HR and State Transformation

2. The Characteristics of Failed States Weak governance institutions (weak capacity or political will to govern, or both); Low levels of service delivery (poor health, education and sanitation systems); Minimal legitimacy Large accountability gap (lack of democratic mechanisms for checks and balances); Policy tensions (e.g., between trade, aid, humanitarian, development, security and drug policies; and, High volatility (continuously moving through cycles of decline and progress)

3. The Characteristics of Developmental States? Definition tautological? – states are developmental because they show signs of developing Is Malawi a developmental state? What lies between Failed and Developmental States? The Risk: The concepts of failed and developmental states relate to aid effectiveness, capacity, and conflict patterns – poverty yes – but is the development state discourse sufficiently addressing freedom and the security of individuals and groups?

4. Four Dimension in Analyzing State Characteristics Security of person Crime Violations against women Integrity rights Democratization Human rights/political lib. Good governance Economic Perfor- mance Income growth Distribution Social Performance Human Development MDGs

5. What Has Human Rights to Offer to Development? Three levels: Contributing to global governance Within states: Improving systems of justice and legal protection From below and from above: rights-based development

6. Global Governance and Values International institutions and organisations State Civil Society Advocacy Monitoring Gap-filling Civil Society Advocacy Monitoring Gap-filling State Trade: WTO Development: UNDP Finance: WB, IMF Security: Security Council HR:OHCHR Legal Conflict: E.g. ICJ, ICC Value and cooperation Bilateral cooperation and conflict International Governance

7. The Impact of Global Governance Agendas Institutional proliferation at the international level Global order under negotiation: values, rules and positive duties The accountability of international organisations Accessessing institutions from below

8. Within Democratizing States Human Rights and Rule of Law: Improving systems of justice and indvidual protection Human Rights and Social Development States with high values on civil and political rights score high on social development

9. Kaufmann: Potential Causal Links between Human Rights and Social Development Two relations: Better governance Improved development - Good governance not a luxury Strong Civil and pol rights higher incomes/capita and reduction in child mortality rates

10. Development from below: rights-based strategies Empowerment = Enabling capability (transformative) HR has three major qualities in terms of empowerment: provides a platform based on a conception of justice provides legal and not only moral legitimacy provides several avenues of advocay and networking

11. Rights-based strategies from above Accountability = Control plus Commitment The impact of HR thinking: the state as a duty- bearer conscious of obligations Collaborative activism How accountability is being sought, where it is sought enlarging the space of accountability jurisdictions (Goetz and Jenkins)

12. Sens Assessment of Freedom The Constitutive Role (foundational value of participation The Instrumental Role (security and incentives) The Constructive Role (generation of values and priorities)

13. Will HR and Rights-Based Development Create Stronger States? Yes – but not as a sole strategy. Three strategies relevant in improving state performance: Reinforcement of human rights Good governance The poverty agenda (MDGs): Individual protection Enhanced Int.+nat. Accountability Int. Order (legal+pol) Institutional capacity and standards of power exertion Capability of individuals and groups Service delivery