SDG Indicators Framework: Tool for Implementing the Durban Declaration and Programme of Action Nicolas Fasel, OHCHR 6th Session of the Group of Independent Eminent Experts on the Implementation of the Durban Declaration and Programme of Action, 6 - 10 May 2019, Palais des Nations

“South Africa Apartheid past would seem to be a strong argument in favour of dropping race as a measure to disaggregate…However as race was a measure used to actively disenfranchise sections of the population, there are equally important reasons to use it for readdressing past inequality” Desmond Booysen, Statistics South Africa (Expert Group Meeting on Data Disaggregation, 27-28 June 2016, New York) Obvious human rights indicators – number of torture victims, human rights education Indicators used for human rights purposes – Gross National Product for maximum available resources 2

From Desmond Booysen, Statistics South Africa (presentation at Expert Group Meeting on Data Disaggregation, 27-28 June 2016, New York)

Shared objectives / data needs 2030 Agenda for Sustainable Development: leave no one behind; eliminate discrimination; reduce inequality 10.2 By 2030, empower and promote the social, economic and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. 17.18 By 2020, (…) increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts Explicit commitment to implement 2030 Agenda in a manner consistent with the rights and obligations of States under international law (A/RES/70/1, 2015)

Shared objectives / data needs SDG indicator framework: Indicator framework adopted by General Assembly in 2017 (A/RES/71/313) 232 SDG indicators About 2/3 of SDG indicators can be considered human rights indicators (see OHCHR publication Human Rights Indicators: A Guide to Measurement and Implementation) Human rights indicators: specific information on the state or condition of an object, event, activity or outcome that can be related to human rights norms or principles; that addresses and reflects human rights concerns; and that can be used to assess and promote the implementation of human rights standards Structural indicators: measure acceptance, intent and commitment to human rights Process indicators: measure efforts to transform commitments into desired results Outcome indicators: measure results of efforts to further human rights on the concerned population

Shared objectives / data needs Durban Declaration & Programme of Action: 92. Urges States to collect, compile, analyse, disseminate and publish reliable statistical data (…) and undertake all other related measures which are necessary to assess regularly the situation of individuals and groups of individuals who are victims of racism, racial discrimination, xenophobia and related intolerance; 93. Invites States, intergovernmental organizations, nongovernmental organizations, academic institutions and the private sector to improve concepts and methods of data collection and analysis; (…) DDPA, paragraphs 92-98, 2001

Inclusive data collection and disaggregation: a human rights issue Producing - or not - disaggregated data is not a norm or value neutral exercise and bears substantial opportunities as well as risks for the respect, protection and fulfillment of people’s rights

Participation Disaggregation Self-identification Privacy Transparency Accountability www.ohchr.org/HRBAD

Participation “Nothing about us without us” Do no harm Free, active and meaningful participation Relates to indicators definition, data collection, dissemination and analysis DDPA recommends development of voluntary, consensual and participatory strategies in the process of collecting, designing and using information (92(b), 94)

Data Disaggregation International HR normative framework contains legal obligations to data disaggregation, as appropriate, by prohibited grounds of discrimination Average, deprivation and inequality perspectives (see OHCHR HRI guide) Hard-to-count populations Multiple disparities or discrimination DDPA urges States to disseminate and analyse statistical data necessary to assess situation of victims of racism, racial discrimination, xenophobia and related intolerance (92)

Self-identification Freedom to self-identify, in particular when touching personal identity (religious beliefs, sexual orientation, gender identity and ethnicity) Gender and cultural sensitive data collection approaches DDPA requires data collected with explicit consent of victims, based on self-identification (92(a))

Privacy Data protection and confidentiality (ICCPR, Art. 17) Data collected to produce statistical information must be strictly confidential and use exclusively for statistical purposes (Principle 6 of Fundamental Principles for Official Statistics) DDPA requires data protection regulations and privacy guarantees (92(a))

Transparency People’s right to (statistical) information (ICCPR, Art. 19 ; Principle 1 of FPOS) Transparency in methods DDPA called for statistical data to monitor situation of marginalized groups and impact of legislation, policies and other practices aimed at preventing and combating racism, racial discrimination, xenophobia and related intolerance (92(b),(c))

Accountability Accountability in data collection Data collection for accountability As other state institutions, national statistical offices (NSO) have obligations to respect, protect and fulfil human rights as it pertains to their area of work NSO responsibility to prevent or response to misuses of data (FPOS, Principle 4) DDPA 92(b), 93, 95 – 98.

HRBAD operationalisation: MoU between NHRI and NSO

SDG indicator 10.3.1 / 16.b.1 on discrimination SDG indicator under OHCHR custodianship Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law Methodology endorsed by United Nations Statistical Commission’s Inter-agency and Expert Group on SDG Indicators (IAEG-SDGs, Beirut, 25-28 March 2019) HRBAD is part of methodology Obvious human rights indicators – number of torture victims, human rights education Indicators used for human rights purposes – Gross National Product for maximum available resources 16

Considerations on way forward Promoting inclusive data collection and disaggregation of SDG/HR indicators (by people of African descent, indigenous peoples, migrants, refugees, Roma, etc.) Promoting and operationalizing HRBAD (participation, self-identification, disaggregation, privacy, transparency and accountability) for the grouped covered under DDPA Encouraging new partnerships between data producers/users, including National Statistical Office and National Human Rights Institutions (e.g. standard model MoU recommended by OHCHR) Encouraging data collection, dissemination and analysis of relevant SDG/HR indicators, including SDG indicator 10.3.1 & 16.b.1 on experience of discrimination 17