Human Rights-Based Approach in the Programming Process

Session objectives what Understand what a human rights-based approach to programming is importance added value Understand the importance and added value of HRBA to development programming 3-step analysis Understand the main questions the 3-step analysis helps to answer

Universal legal guarantees Civil, cultural, economic, political and social Protect human values (freedom, equality, dignity) Inherent to individuals and, to some extent, groups Grounded in international norms and standards Legally binding on States What are human rights?

UN Charter UDHR ICCPRICESCR CERDCEDAW CATCRC National Constitutions and Laws CMW Other International Instruments (humanitarian, specialized agencies) Regional instruments CRPD Human rights instruments CPED Fundamental Labour Conventions OPs

MechanismIssue country Recommendations Further define the content of standards Treaty BodiesConcluding observationsGeneral comments Special Procedures (Special Rapporteurs, Working Groups...) Mission reportsThematic reports Universal Periodic Review UPR recommendations----- ILO CommitteesObservations and direct requests/Conclusions General observations/ and general surveys/digest of decisions Main Functions

OriginMechanismCompositionCoveragePeriodicity Treaties Treaty Bodies (Committees) ExpertsStates Parties 4 Years Charter HRC Special procedures (Special Rapporteurs, Working Groups...) ExpertsUniversal Universal Periodic Review State representatives Universal4 Years Fundamental Labour Conventions ILO Committee of Experts on Application of Conv and Recom ExpertsStates Parties 2 Years Other universal instruments of specialized agencies E.g., UNESCO Committee on Conv and Recomm/Ex Board/General Conference State representatives States Parties 4 Years

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 on HR Standards contained in the treaty  Examining individual complaints (some of them)  Making confidential inquiries (some of them)

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 (Charter-based bodies)

Special procedures Country mandates (13) Belarus Cambodia Côte d’Ivoire Eritrea DPR Korea Haiti Iran Mali Myanmar Palestinian territories Somalia Sudan Syria Thematic mandates (36) ► Adequate housing ► African decent ► Arbitrary detention ► Sale of Children ► Cultural rights ► Democratic and equitable international order ► Education ► Environment ► Enforced Disappearances ► Extrajudicial executions ► Extreme poverty ► Food ► Foreign debt ► Freedom of peaceful assembly & association ► Freedom of opinion & expression ► Freedom of religion ► Health ► Human rights defenders ► Independence of judges and lawyers ► Indigenous people ► Internally displaced persons ► Mercenaries ► Migrants ► Minority issues ► Truth and justice ► Racism ► Slavery ► International solidarity ► Terrorism ► Torture ► Hazardous substance and wastes ► Trafficking in persons ► Transnational corporations and business ► Water and sanitation ► Discrimination against women in law and in practice ► Violence against women

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 People’s 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 People’s Rights African Court on Human and People’s Rights Arab Committee of HR Experts ASEAN intergovernmental Commission on HR (AICHR)

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

Duty-bearers Respect Protect Fulfill Prevent others from interfering with the enjoyment of rights Refrain from interfering with the enjoyment of rights Adopt appropriate measures towards full realization of rights Human rights obligations Right to water Do not disconnect supply without due process Pro-poor price regulation when supply is privatized Ensure, over time, everyone is connected

National Regional International International & regional protection are complementary International & regional norms require national implementation National norms should be consistent with international and regional standards Links between national, regional and international protection systems

Dimensions/Elements of HR Availability Accessibility – Non-discrimination – Physical accessibility – Economic accessibility (affordability) Acceptability Adaptability Quality Appropriateness

…Status of ratification …Whether a Country’s pledge to the HRC exists …Recent UPR & Treaty Body recommendations …Recent UPR reports & 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 …Recent outputs of monitoring mechanisms of specialized agency instruments (e.g. ILO supervisory bodies) Check on….

further the realization of human 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 Human rights standards and principles all sectors all phases Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 1.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 further the realization of human 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 Human rights standards and principles all sectors all phases Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 1.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 OUTCOME UN Common Understanding on HRBA

HRBA does not replace but adds value to other development approaches Normative value universal legal standards for a life with dignity Instrumental value Contributes to more sustainable development outcomes Ensures a higher quality of the process Clarifies the purpose of capacity development Institutional reasons (UN comparative advantage) impartiality to deal with sensitive issues holistic analysis and integral responses to problems

2) Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process PROCESS Human Rights Standards…...define the… …limits of the……Playing field. Human Rights principles define the rules of the game

Human Rights Standards The minimum normative content of the right: the type of claims and obligations that the right implies at the minimum in practice In programming, the standards guide the… …Identification of development challenges as human rights issues (Assessment) …analysis of roles and capacities of rights-holders and duty bearers …definition of development objectives …formulation of corresponding benchmarks and indicators

Human Rights Principles Universality and inalienability Indivisibility Interdependence and Inter- relatedness Equality and non- discrimination Participation and inclusion Accountability and rule of law

Exercise: Human Rights Principles 1.Each table will be assigned a human rights principle in order to discuss and unpack the meaning of the principle in more operational terms. 2. The group will provide maximum 3 questions to address the content of the principle in a manner that can be used in the programming context. Provide one card per question. Equality and non-discrimination Participation Accountability (1 & 2)

HRBA and indicators Human rights principles and standards guide the selection of indicators and the development of monitoring and reporting systems Indicators should be chosen that: – Capture the extent to which human rights principles have been incorporated into all stages of the programme – Demonstrate how incorporating human rights standards has contributed to overall programme effectiveness Processes must be non-discriminatory, participatory and accountable

HRBA and indicators Inclusiveness: Do your indicators capture the experience of vulnerable and marginalised groups? Can your indicators be disaggregated? Ownership: Have RHs and DBs contributed to the development of the indicators? Do they have confidence in the indicators chosen? Clarity: Are they clear and understandable to all audiences, including vulnerable and marginalised groups?

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 OUTCOME Right-holders: persons (aprox.)  Every individual, either a man woman or child, of any race, ethnic group or social condition Duty-bearers: Much less  Primarily States  In some cases individuals have specific obligations (CRC)

Claims right from Fulfils responsibility towards Rights holders Duty bearers Enabled to respect, protect and fulfill rights ParticipationParticipation AccountabilityAccountability Enabled to hold duty bearer to account Further the realization of Human Rights for all (equality and non- discrimination)

“ Needs Based” Action is voluntary/optional ‘Needs’ are contextual and open- ended The beneficiaries deserve help The beneficiaries can be passive or can be invited to participate Adopts a pragmatic ways to work with existing power structures Development is mainly technocratic (for the experts) There is a hierarchy of needs “Human Rights Based” Action is mandatory Universal and legally established claims and entitlements The beneficiaries are entitled to enforceable rights The beneficiaries are active participants by right Assumes that power structures can be effectively changed Development transforms behaviours, institutions and empowers rights holders Rights are indivisible and interdependent though in any situation practical prioritisation may be required Needs-based vs. HR-based approach

A HRBA helps the UN and partners to answer 4 critical questions:  Why? Which rights are at stake?  Who has to do something about it?  Who has been left behind?  What do they need, to take action? Process and outcome are equally important 4 Critical questions

Country Analysis GATHERING INFORMATION About development problems from existing sources, incl. national treaty reports and observations and recommendations from treaty bodies ANALYSIS Of root causes & their HR linkages ASSESSMENT Shortlist major development problems for deeper analysis

Human Rights-based analysis WHY 1. Causal analysis is there a problem? Which rights are being violated? WHO are the duty-bearers? 2. Role-pattern analysis What are their ideal and actual roles? Who are the rights holders? WHAT capacities do duty-bearers 3. Capacity gaps analysis have and/or need to fulfill their duties? What capacities do rights-holders have and/or need to claim their rights?

Analysis – in three steps Causality Analysis 1 Role Analysis 2 Capacity Gap Analysis 3 Why? Which rights are at stake? Who’s rights are implicated? Who has to do something about it? What do they need to take action? Assessment

What is it? The essential first step for HRBA and RBM A technique for identifying causes of a problem which can then be used to formulate appropriate responses We can map the problem and its causes in the form of a problem tree Step 1: Causality Analysis

CAUSALITY ANALYSIS Problem Immediate Causes Underlying causes Root Causes To unpack the causes of a Problem

Problem Tree High incidence of child malnutrition in rural areas 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 Problem

HRBA to Analysis in three steps Causality Analysis 1 Role Analysis 2 Capacity Gap Analysis 3 Why? Which rights are at stake? Who’s rights are implicated? Who has to do something about it? What do they need to take action? Assessment

 Rights holders  Who are they?  What are their claims?  Duty bearers  Who are they?  What are their duties?  Rights holders  Who are they?  What are their claims?  Duty bearers  Who are they?  What are their duties? Step 2: Role Analysis Check what the human rights standards say about RHs claims and DBs duties Check also what role is expected from duty bearers to respect, protect and fulfil rights

Example: Right to education Rights Holder:Claim: According to National and/or International standards Current Status: What is the rights holder actually experiencing? Duty-bearer (1): Obligations: According to National and/or International standards Current Role: What is the duty bearer actually doing? Responsible Actor (1): Responsibilities: Defined in relation to the issue at hand and given the local situation Current Role: What is the specific actor actually doing?

Group Work - at you table: 1. Choose one country and one human right that is not being fulfilled in that country 2. Discuss and fill the matrix below 3. Choose one rapporteur to report to the plenary Rights Holder:Claim: According to National and/or International standards Current Status: What is the rights holder actually experiencing? Duty-bearer (1): Obligations: According to National and/or International standards Current Role: What is the duty bearer actually doing? Responsible Actor (1): Responsibilities: Defined in relation to the issue at hand and given the local situation Current Role: What is the specific actor actually doing?

HRBA to analysis in three steps Causality analysis 1 Role analysis 2 Capacity gap analysis 3 Why? Which rights are at stake? Who’s rights are implicated? Who has to do something about it? What do they need to take action? Assessment

Duty Bearers capacity elements: Can? - Knowledge -Resources (human, technical and financial) -Organizational challenges Want? -Responsibility/motivation /leadership Must? - Authority Rights-holders capacity elements: Can? - Knowledge - resources - individual abilities Want? - Security - motivation Enabling environment? - right to participate - Information - freedom of association and expression Step 3: Capacity Gap Analysis

Analysis of duty-bearers’ capacity gaps Motivation (accountability) Does the duty bearer feel an obligation to perform the role according to the obligation? If not why not? Authority Does the duty bearer have the authority to perform the role according to the obligation? If no who does? Resources Does the duty bearer have human, organisational and financial resources to perform the role according to the obligation? If not, what’s missing?

Analysis of rights-holders’ capacity gaps Understanding Does the rights-holder know that he or she has rights and can claim them? If not, why? Resources Does the rights-holder have the financial, technical and human resources to claim his or her rights? If not, why? Risks What risks might ensue the rights- holder from claiming his or her right?

A HRBA helps the UN and partners to answer 4 critical questions:  Why? Which rights are at stake?  Who has to do something about it?  Who’s rights are implicated?  What do they need, to take action? Process and outcome are equally important HRBA in the programming process: 4 Critical questions

Next Step This analysis highlights critical capacity development needs; The next question is: where does the UNCT have a comparative advantage? The answer to this question leads to a strategic UNDAF.

HRBA Human Rights Development Principles Standards Reports and Recommenda tions ANALYSIS RBM Cycle Universal Periodic Review 2. Role/ Pattern Analysis 1. Causal Analysis Results Matrix M&E Framework Better choices! PLANNING 3. Capacity Gap Analysis Value Added! CA UNDAF MANAGEMENT

Thank you!!