1. Human Rights, Equity and Development Report from a workshop at the University of Oslo, Norway 11-12 October 2004 Discussion organized by The Social Analysis Thematic Group and The Empowerment Community of Practice 16 December 2004

2. Oslo Workshop Organized by University of Oslo’s Centre for Human Rights, and Centre for Development and the Environment, October workshop, supported by Government of Norway Objectives: Explore rights based approaches to development and their relationship to equity Provide inputs to WDR 2006 on equity Suggest future research and collaboration on human rights Participation by human rights and development specialists; Researchers, from Europe, North America, Asia Government representatives from Norway, Finland, Sweden, Denmark World Bank participation: Legal, Social Development, PREM, WDR team

3. Oslo Workshop: Sessions 1. Conceptual Frameworks 2. Legal Perspectives 3. Sectoral Implications: Right to Health 4. Women’s Rights 5. Participation, Empowerment, Accountability 6. Implications for the WDR 2006 7. Rights at Country Level and the Role of IFIs 8. Recommendations for Follow-up Research and Collaboration

4. Key Recommendations Improve sharing and learning from different experiences e.g. Scandinavia Consider ways to strengthen a human rights agenda in the World Bank … but cautions against new bureaucratic requirements Improve quality of measurement and impact analysis e.g. work on empowerment indicators Strengthen knowledge base on experiences with rights based approaches e.g. country experience and strengthening of local institutions; particular focus on PRSPs

5. Background Interest in strengthening understanding and attention to human rights in the Bank’s work Recognition that there is considerable overlap between the Bank’s work and human rights standards Ongoing engagement and activities, e.g. Senior advisor in MD’s office Working group convened by ESSD VP Discussions between the Bank and different governments including Scandinavians Network activities – PREM, SDV, others World Summit for Social Development and Bank participation March workshop jointly with DFID on Power, Rights and Poverty

6. Challenges Lack of clarity and agreement globally on what is meant by a rights-based approach to development Perception that human rights leave little room for the tradeoffs or incremental progress we know from development practice Concern that this may impose standards that cannot be complied with Confusion over rights to opportunities versus rights to outcomes Concern that this may be seen as political interference contrary to the Bank’s Articles of Agreement Should the Bank formally adopt human rights standards or policies – if so, which?

7. Human Rights: Background and concepts UN Charter, international legally binding treaty 1948 Universal Declaration of Human Rights Equality and non-discrimination Civil and political rights Economic, social and cultural rights 1976 passing of International Bill on Human Rights Various conventions and agreements, e.g. 1979 CEDAW 1989 Rights of the Child 2003 Migrants Rights (ratified by 22 countries, all developing) 1993 Vienna principle; “all human rights are universal, indivisible, interdependent, and interrelated” Definitions of rights Legitimate claims that give rise to correlative obligations or duties Requires presence of power or authority confer legitimacy on claims made Various rights and rights regimes Universal human rights and international covenants Individual and group rights National legislation Customary and religious law Cultural practices and value systems

8. The Right to Development Many issues still to be resolved, and lack of consensus, cf. Sfeir- Younis, 2003: Development compact? Process or outcomes? How to make rights operational and implementable? Monitoring mechanisms? Many development agencies have explicitly adopted rights-based approaches, both bilaterals such as DFID, SIDA, and NORAD, and UN agencies such as UNICEF and WHO. Emerging principles Empowerment of poor people as agents and rights holders, not as recipients or beneficiaries of welfare Links to international human rights Focus on accountability of states and other development agencies Strengthening people’s participation Equality and non-discrimination Special attention to poor and vulnerable groups

9. UN Rapporteur on the Right to Development 2002 Report to the UN Commission on Human Rights Importance of economic growth; “rights-based economic growth with equity and justice” Suggests reconciliation of competing concerns Economic, social, cultural rights Civil and political rights Argues for obligations both of developing countries and the international community Key principles Participation Accountability Transparency Equity Non-discrimination Suggested requirements Realization of human rights and fundamental freedoms as the central aim Independent rights-based mechanism to monitor the performances of all countries

10. Different philosophies?

11. Towards Convergence? A Social Development Perspective GOALS People-centered development Equity Integration of economic, cultural, social polices Transparent and accountable governance Democracy, justice, tolerance, respect for diversity Protect and support the disadvantaged and vulnerable Development Practice Focus on processes of inclusion, empowerment and voice; cohesion; and accountability Global Human Rights Regime National Legislation Standards and norms: necessary but not sufficient Outcomes will not be achieved without attention to process Process without clarity about goals and outcomes is meaningless