1. 1 Human Rights Based Approach and Programming Advanced Training for the UN Country Team in Kyrgyzstan Oskar Lehner UN Human Rights Advisor / Action 2 Action 2 Learning Human Rights Together

2. 2 Overview 1. Introduction (Human Rights and Human Rights Based Approach) 2. The UN Programming Framework (CCA, UNDAF, CDS, JCSS, CP) in Kyrgyzstan 3. Treaty Body and Special Procedure reporting on Kyrgyzstan 4. Human Rights and HRBA – Guiding principles 5. Human Rights and HRBA in the Programming Process 6. Results Based Management (an overview) Outcomes / Outputs / Indicators / Assumptions & Risks / Monitoring & Evaluation 7. Linking rights to Results: What shall be done differently when applying the HRBA 8. Annex

3. 3 What is the “Message” of the Advanced Training How to apply Human Rights Based Approach and Results Based Management in Programme and Project design How to make UN Country Team work more focused on contributing to the fulfillment of Human Rights How to be more efficient in a gathering and analyzing information, setting priorities, designing projects

4. 4 Introduction Session 1 Action 2 Learning Human Rights Together

5. 5 What are Human Rights? Universal legal guarantees civil, political, economic, social and cultural protect human values (freedom, equality, dignity) inherent to individuals and, to some extent, groups reflected in international norms and standards; legally binding on States obligation to realize immediate or progressively Human Rights create Duty Bearers (the state and its organs) Obligation to respect / protect / fulfill Duty Bearers (the state and its organs) Obligation to respect / protect / fulfill Rights Holders (every human being, sometimes also groups) Rights Holders (every human being, sometimes also groups)

6. 6 The United Nations and Human Rights Human rights stood at the very beginning of the UN 1945 Art 1 Charter of the UN:…”promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion…” 1948Universal Declaration of Human Rights During the following decades adoption of a number of Human Rights Conventions (Treaties), e.g. ICCPR, ICESCR, CERD, CEDAW, CAT, CRC and CMW

7. 7 Marching orders for UN Agencies 1997 Secretary General’s UN Reform Program …human rights are inherent to the promotion of peace, security, economic prosperity and social equity… …mainstreaming Human Rights Based Approach into development cooperation… 2000 Millennium Declaration: We will spare no effort to promote democracy and strengthen the rule of law, as well as respect for all internationally recognized human rights andfundamental freedoms, including the right to development. 2002 Report of the UN SG: Strengthening of the UN: An Agenda for Further Change “The promotion and protection of Human Rights is a bedrock requirement for the realization of the Charter’s vision of a just and peaceful world”

8. 8 Seven Core Human Rights Treaties  International Covenant on Civil and Political Rights (ICCPR) 1966 and its two Optional Protocols on the Right of Individual Communications and on the Death Penalty  International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966  Convention on the Elimination of all forms of Racial Discrimination (CERD) 1966  Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) 1979 and its Optional Protocol on the Right of Individual or Group Communications  Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984  Convention on the Rights of the Child (CRC) 1989 and its two Optional Protocols on Sale of Children, Child Prostitution and Child Pornography and on Involvement of Children in Armed Conflicts  Convention on the Protection of All Migrant Workers and Members of their Families (CMW) 1990 Two new conventions have been adopted by the UN General Assembly in 2006 and are waiting for a number of ratifications from member states to come into force  Convention on the Rights of Persons with Disabilities  Convention for the Protection of all Persons from Enforced Disappearance

9. 9  The development process is normatively based on international HR standards and principles  It recognizes human beings as rights-holders and establishes obligations for duty-bearers.  It focuses on discriminated and marginalized groups  It aims for the progressive achievement of all human rights  It gives equal importance to the outcome and process of development  The development process is normatively based on international HR standards and principles  It recognizes human beings as rights-holders and establishes obligations for duty-bearers.  It focuses on discriminated and marginalized groups  It aims for the progressive achievement of all human rights  It gives equal importance to the outcome and process of development What is a Human Rights Based Approach to Development?

10. 10 The UN Common Understanding on the HRBA (2003) 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 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 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 OUTCOME

11. 11 The Programming Framework (CCA, UNDAF, CDS, JCSS, CP…) in Kyrgyzstan Session 2 Action 2 Learning Human Rights Together

12. 12 The HRBA in UN Programming CCA UNDAF CPs Strengthened capacity of rights-holders and duty-bearers CP outcomes Establishes causal connections of rights Identifies patterns of discrimination, inequality, and exclusion Identifies the capacity gaps of rights-holders and duty-bearers Analysis of Development challenges Empowered rights-holders and accountable duty-bearers contribute to the realization of human rights UNDAF Outcomes M&E Systems Establish mechanisms for participation of rights-holders & duty bearers in the monitoring of the programme

13. 13 Common Country Assessment 2003 Key Challenges: To create a stable, effective and People-Centered Governance Civil Society, social mobilization and poverty alleviation Improved services in education and health HIV/AIDS Translating Human Rights commitments in to reality Overcome traditional barriers (women/children in an adult/male dominated society) Improve the national Legal Framework and Mechanism Ensure a conflict-free, secure and enabling Development (environment/security) The Role of the UN System in Kyrgyzstan / Key Areas of cooperation Poverty and Governance (including Conflict Prevention and Environment) Basic social services (incl. education, health, employment, and social security) Vulnerable groups (women, children, young people, refugees and asylum seekers, migrants, people vulnerable to HIV/AIDS “The UNDAF will be based on the CCA and represents the collective response of the UN system to national priorities to achieve human rights and human security”

14. 14 UN Development Assistance Framework (UNDAF) - 2005-2010 A) Poverty Alleviation and Social Services UNDAF Outcome A.1.: Increased employment and income generation, with a special emphasis on women and the disadvantaged, expands choices of the poor UNDAF Outcome A.2.: The poor and vulnerable groups have increased and more equitable access to social services and benefits, in a strengthened pro-poor policy environment B) Democratic Governance UNDAF outcome B.1: Good governance reforms and practices institutionalized at all levels by Government, civil society organizations and the private sector toward poverty reduction, protection of rights and sustainable human development C) HIV/AIDS UNDAF Outcome C. 1.: Young people and other vulnerable groups reduce their vulnerability to HIV/AIDS by adopting safer behaviours UNDAF Outcome C.2.: All Vulnerable Groups exercise their rights to develop in a safe and supportive environment that provides protection from and care for HIV/AIDS In the UNDAF the UN CT in Kyrgyzstan has expressed its commitment to apply the Human Rights Based Approach

15. 15 Country Development Strategy (CDS) - 2006-2010 The Country Development Strategy (СDS) is the major conceptual document reflecting the medium-term outlook of the Kyrgyz Republic, determining the development basic directions and activity of the country for 2006-2010 1) Economic Capacity building Energy, Mining, Agriculture, Tourism, Transport 2) Corruption Control and Governance Reform Political reform, deregulation of economy, governance reform, improvement of civil servants capacity, legal reform 3) Human and Social Development Education, health care service, social protection and insurance system, access to social infrastructure

16. 16 Joint Country Support Strategy (JCSS) - 2007-2010 JCSS is a joint effort of the Asian Development Bank (ADB), the Swiss Cooperation (SC), the UK Department for International Development (DfID), the World Bank Group (WBG) and the United Nations Agencies to support the CDS JCSS partners will focus their programs on four areas identified in the CDS Economic management consistent with strong and sustained pro-poor growth: strengthening the budget process and cross-cutting reforms in public financial management, aligning financial management with government priorities Reducing corruption, improving governance and effective public administration: deregulating the economy, increasing transparency, improving the capacity of the civil service and public administration, and legal reform Building sustainable human and social capital through improved health and education outcomes, including access to and improving the quality of health, education and social protection services Ensuring environmental sustainability and natural resource management

17. 17 UNDP Country Program (CP) - 2005-2010 A) Programme area 1: Poverty reduction through sustainable development (a) Goal: Achieving the MDGs and reducing human poverty Outcome: Capacity of the government increased to formulate and implement pro-poor economic policies Outcome: Poverty reduced though increased access of the poorest rural and urban communities to employment b) Goal: Managing energy and environment for sustainable development Outcome: Global environmental principles integrated into grassroots poverty reduction efforts B) Programme area 2: Promoting democratic governance (c) Goal: Fostering democratic governance Outcome: Capacity of governance bodies strengthened both at central and local levels for national governance reform Outcome: Institutional capacity of Parliament strengthened to better perform legislative, representational and oversight roles C) Programme area 3: Strengthening human security (d) Goal: Supporting crisis prevention and recovery Outcome: National capacities enhanced for conflict prevention, assessment and resolution (e) Goal: Responding to HIV/AIDS Outcome: Multi-sectorial approach to HIV/AIDS functioning with the participation of CBOs, religious leaders, mass media, people living with HIV/AIDS and international partners

18. 18 Treaty Body and Special Procedure Reporting on Kyrgyzstan Session 3 Action 2 Learning Human Rights Together

19. 19 Make use of the Treaty Body comments and recommendations Country-based observations and recommendation Global Treaty Bodies' General Comments Special procedures’ Thematic studies Country-based observations and recommendation Global Treaty Bodies' General Comments Special procedures’ Thematic studies Assessment tool: Identify main development and human rights problems Analytical tool: Help understand underlying and root causes of development problems Programming tool: Identify specific actions Advocacy tool: bring attention to sensitive issues at a legal, policy, budget or practice level Assessment tool: Identify main development and human rights problems Analytical tool: Help understand underlying and root causes of development problems Programming tool: Identify specific actions Advocacy tool: bring attention to sensitive issues at a legal, policy, budget or practice level

20. 20 CONCLUDING OBSERVATIONS OF THE HUMAN RIGHTS COMMITTEE, KYRGYZSTAN, 24/07/2000 (ICCPR) Positive: Improvements in legislation, moratorium of death penalty, Creation of the Commission on Human Rights and the Parliamentary Committee on Human Rights Negative: Torture, inhuman treatment and abuse of power by Law Enforcement Agencies (LEA) continues Pre-trail detention and prison conditions Situation of women in public and private sector deteriorating, violence against women, trafficking Lack of independence of the judiciary Intimidation of journalists, restrictions in public meetings Restrictions in Freedom of Movement (propiska) Child labor

21. 21 CONCLUDING OBSERVATIONS OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2000 (ICESCR) Positive: Improved macro-economic conditions, structural reforms, action plan to combat poverty and to enhance the role of women Negative: Lack of independence of judiciary High unemployment rate, limitations in the right to strike High poverty rate (particularly in remote areas) Decrease in housing construction, insufficient provision of sanitation and potable water Violence against women, bride kidnapping General state of health of population satisfying but concern about decreasing resources dedicated to this sector

22. 22 CONCLUDING COMMENTS OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN – 2004 (CEDAW) Positive Aspects Welcomes National Plan of Action for achieving gender equality, growing number of NGOs working on gender equality, law on gender equality Negative Aspects Situation of women in the labor market, status of women’s health, trafficking of women, increased poverty of women, discrimination in land heritage law Domestic violence and inadequate performance of the police, existence of bride abduction and polygamy Under-representation of women in elected and appointed bodies incl. the Parliament

23. 23 CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD – 2004 (CRC) Positive Aspects Welcomes adoption of the “New Generation Action Plan” and the establishment of the Ombudsman institution Negative Aspects/Recommendations Concerned about decrease of resources for children in state budget, recommends comprehensive review of domestic legislation and improved data collection Existing discrimination of vulnerable groups (e.g. street children, migrant- and refugee children, children in institutions, children with disabilities) Existence of bride abduction and polygamy Problems with birth registration (refugee children) Existence of torture; juvenile justice not according to international standards

24. 24 CONCLUDING OBSERVATIONS OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION, 12/04/2001 (CERD) Positive Aspects Constitution and legislation prohibits discrimination on the grounds of orign, sex, race, nationality, language, faith, political or religious conviction Concerns Discrimination of non-Kyrgyz in employment

25. 25 CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE AGAINST TORTURE 1999 (CAT) Positive Aspects Suspension of death penalty Creation of National Commission for Human Rights Concerns Absence of definition of torture in penal code Numerous and continuing reports of allegation of torture Apparent failure generally to provide prompt, impartial and full investigation into allegation of torture; general failure to prosecute the alleged perpetrators Insufficient guarantees for independence of the judiciary Lack of measures to improve prison conditions

26. 26 SPECIAL RAPPORTEUR ON PROMOTION AND PROTECTION OF HUMAN RIGHTS, HUMAN RIGHTS DEFENDERS, 2002 Media: pattern of harassment of media and journalists with a view to controlling the freedom of expression, including the exposure of Human Rights abuses Restrictions in the freedom of association and assembly Right to protest human rights violations repressed Little or no faith in the capacity of the judicial system to dispense justice, judiciary perceived as arm of the government Kyrgyzstan’s legal and political system favors the Kyrgyz majority and disfavors Russian and Uzbek minorities; concerns reg. situation of Uighurs. Re-emerging of practices of bride-kidnapping and forced marriages of under-age girls

27. 27 SPECIAL RAPPORTEUR ON EFFECTS OF STRUCTURAL ADJUSTMENT POLICIES AND FOREIGN DEBT ON THE FULL ENJOYMENT OF HUMAN RIGHTS, PARTICULARLY ECONOMIC, SOCIAL AND CULTURAL RIGHTS, 2005 The general finding of the independent expert is that there is clear political commitment by the Government to address challenges of transition, poverty, governance and human rights… Further efforts are needed, however, to translate these commitments into reality and to bring about improvement in the enjoyment of all human rights by the poor and the vulnerable. Human rights norms and principles such as equality and non-discrimination, participation and inclusion, and accountability and the rule of law, should guide and inform the implementation of the NPRS and other programmes at all stages….. The NPRS should be further strengthened by clearly stipulating the obligations of the State under the international human rights treaties it ratified, …. The independent expert is concerned about the deterioration of facilities and prevalence of informal payments in education and health sectors, which undermine the availability of and accessibility by the poor and the vulnerable to these services and the enjoyment of their rights to education and health.

28. 28 SPECIAL RAPPORTEUR ON CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTIONS OF INDEPENDENCE OF THE JUDICIARY, ADMINISTRATION OF JUSTICE, IMPUNITY, 2005 Continuing lack of trust of the population in the judicial system The procuracy plays a particularly dominant role, including a supervisory role, in the administration of justice and exerts a disproportionate amount of influence over the pretrial and trial stages of judicial proceedings. The procedures related to the appointment, length of tenure, reappointment and dismissal of judges prevent the judiciary from operating in a fully independent manner. The bar has the potential to play a fundamental role in safeguarding human rights, yet it is weakened by the failure to implement the principle of equality of arms and continuing executive control over admissions and regulatory procedures. Corruption continues to be widespread among the judiciary

29. 29 Human Rights and the HRBA Guiding Principles Session 4 Action 2 Learning Human Rights Together

30. 30 Principles of Universality & Inalienability Implications for National HR Protection Systems Public Policies and programmes should have:  Disaggregated data to identify difficult cases of exclusion and marginalization  Specific strategies in response to this caseload eg. Poverty reduction programmes campaigns Implications for National HR Protection Systems Public Policies and programmes should have:  Disaggregated data to identify difficult cases of exclusion and marginalization  Specific strategies in response to this caseload eg. Poverty reduction programmes campaigns HR principle of Universality requires: That no one is left out or excluded from human rights HR principle of Universality requires: That no one is left out or excluded from human rights

31. 31 Principles of Indivisibility, Interdependence & Inter-relatedness Implications for National Protection Systems Legal frameworks:  Should not privilege the protection of certain rights to the detriment of others Public Policies should:  Be based on holistic analysis of development problems and provide integral and multi-sectoral responses State institutions:  Ensure inter-institutional and multi-sectoral coordination  Include those institutions in charge of protection, monitoring and accountability Implications for National Protection Systems Legal frameworks:  Should not privilege the protection of certain rights to the detriment of others Public Policies should:  Be based on holistic analysis of development problems and provide integral and multi-sectoral responses State institutions:  Ensure inter-institutional and multi-sectoral coordination  Include those institutions in charge of protection, monitoring and accountability HR principles of inter-relatedness, interdependence and indivisibility requires: Equal recognition and protection of rights HR principles of inter-relatedness, interdependence and indivisibility requires: Equal recognition and protection of rights

32. 32 Principles of Equality & Non-Discrimination Implications for National Protection Systems: Legal frameworks should: Derogate discriminatory legislation Be conducive to the enjoyment of human rights by all Public institutions should ensure: Representation of marginalized or excluded groups in the public administration and in decision making bodies Public services accessible and sensitive to gender, age and cultural differences Appropriate judicial and administrative redress mechanisms Public policies should: Challenge models of appropriation and concentration of resources leading to structural discrimination and exclusion Take affirmative steps to reduce social and economic disparities Promote education and public awareness Implications for National Protection Systems: Legal frameworks should: Derogate discriminatory legislation Be conducive to the enjoyment of human rights by all Public institutions should ensure: Representation of marginalized or excluded groups in the public administration and in decision making bodies Public services accessible and sensitive to gender, age and cultural differences Appropriate judicial and administrative redress mechanisms Public policies should: Challenge models of appropriation and concentration of resources leading to structural discrimination and exclusion Take affirmative steps to reduce social and economic disparities Promote education and public awareness Equality and Non-discrimination obliges states to: Eradicate Legal, institutional, interpersonal and structural discrimination Equality and Non-discrimination obliges states to: Eradicate Legal, institutional, interpersonal and structural discrimination

33. 33 Principle of Participation and Inclusion Implications for National Protection Systems Policies, processes and procedures should provide:  opportunities for participation in planning and development  Access to relevant information  Capacities to marginalized groups to formulate proposals Institutional mechanisms should:  Be based on democratic principles  Not disempower existing democratic or traditional structures Civil society should:  Be active, independent and with capacities  Represent the voice of marginalized and excluded groups  Have control over decision making processes Implications for National Protection Systems Policies, processes and procedures should provide:  opportunities for participation in planning and development  Access to relevant information  Capacities to marginalized groups to formulate proposals Institutional mechanisms should:  Be based on democratic principles  Not disempower existing democratic or traditional structures Civil society should:  Be active, independent and with capacities  Represent the voice of marginalized and excluded groups  Have control over decision making processes Human Rights principle of Participation and Inclusion requires: FREE, ACTIVE, MEANINGFUL and INCLUSIVE PARTICIPATION Human Rights principle of Participation and Inclusion requires: FREE, ACTIVE, MEANINGFUL and INCLUSIVE PARTICIPATION

34. 34 Principle of Accountability and Rule of Law Implications for Human Rights Protection Systems State institutions should:  Be provided with sufficient resources, responsibilities and independent authority to effectively monitor the Government Eg. Independent human rights parliamentary bodies, National Human Rights Institutions, judges, courts and legal counsel State to cooperate with international Human Rights Systems:  Complying timely with international reporting obligations  Inviting Special procedures and providing information  Implementing the TB and SP recommendations Implications for Human Rights Protection Systems State institutions should:  Be provided with sufficient resources, responsibilities and independent authority to effectively monitor the Government Eg. Independent human rights parliamentary bodies, National Human Rights Institutions, judges, courts and legal counsel State to cooperate with international Human Rights Systems:  Complying timely with international reporting obligations  Inviting Special procedures and providing information  Implementing the TB and SP recommendations Principle of Accountability / Rule of Law (RoL) requires: States and other duty bearers to be answerable for the observance of human rights Principle of Accountability / Rule of Law (RoL) requires: States and other duty bearers to be answerable for the observance of human rights

35. 35 Principle of Accountability/ RoL (cont.) Implications for Human Rights Protection Systems Legal frameworks should:  Be In conformity with human rights norms  Establish conditions, procedures and mechanisms for RH to claim their rights and DB to comply with their obligations Public policies should:  Take progressive steps to address the weaknesses in the accountability systems  Implement the human rights obligations of the state at a central, regional and local level Implications for Human Rights Protection Systems Legal frameworks should:  Be In conformity with human rights norms  Establish conditions, procedures and mechanisms for RH to claim their rights and DB to comply with their obligations Public policies should:  Take progressive steps to address the weaknesses in the accountability systems  Implement the human rights obligations of the state at a central, regional and local level Principle of Accountability / RoL requires: Accessible, effective and independent mechanisms and procedures of redress Principle of Accountability / RoL requires: Accessible, effective and independent mechanisms and procedures of redress

36. 36 Principle of Accountability/RoL (cont.) Implications for Human Rights Protection Systems An active rights sensitive civil society should:  Monitor the State compliance with its human rights obligations  Articulate concerns of the society and advocate for social positive change  Provide information and shadow reports to international human rights mechanisms eg. Campaign on access to retro-viral medication in South Africa Implications for Human Rights Protection Systems An active rights sensitive civil society should:  Monitor the State compliance with its human rights obligations  Articulate concerns of the society and advocate for social positive change  Provide information and shadow reports to international human rights mechanisms eg. Campaign on access to retro-viral medication in South Africa Principle of Accountability requires: Free and independent media, and groups of human rights defenders representative of men, women and marginalized or excluded groups Principle of Accountability requires: Free and independent media, and groups of human rights defenders representative of men, women and marginalized or excluded groups

37. 37 Human Rights and HRBA in the Programming Process Session 5 Action 2 Learning Human Rights Together

38. 38 The HRBA in UN Programming CCA UNDAF CPs Strengthened capacity of rights-holders and duty-bearers CP outcomes Establishes causal connections of rights Identifies patterns of discrimination, inequality, and exclusion Identifies the capacity gaps of rights-holders and duty-bearers Analysis of Development challenges Empowered rights-holders and accountable duty-bearers contribute to the realization of human rights UNDAF Outcomes M&E Systems Establish mechanisms for participation of rights-holders & duty bearers in the monitoring of the programme

39. 39 UN Country Team role duty bearersrights holders CSO laws policies services data, monitoring remedies information, education participation organisation monitoring access to remedies ( administrative, judicial ) fulfill duties claim rights UN-CT support laws and policies, technical assistance service delivery advocacy Information, participation, organisation, monitoring Capacity development

40. 40 The role of Capacity Development

41. 41 A HRBA to programming requires: Planning and implementing a development programme in which human rights are a key feature in the initial assessment of the legal framework for protecting human rights and the human rights situation in a country; The identification of duty bearers and rights holders across different policy areas; The ongoing monitoring and evaluation of the programme for its adherence to human rights principles; The assessment of the developmental and human rights impact of the programme.

42. 42 ASSESSMENT & ANALYSIS PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION MONITORING AND EVALUATION …The integration of human rights principles and standards into all stages of the programming process…

43. 43 GATHERING INFORMATION On indicators, policies & plans from Surveys, research documents, reports ASSESSMENT and ANALYSIS SELECTION Of areas of cooperation When to begin applying the HRBA

44. 44 HRBA to Information Gathering What information: Civil, cultural, economic, political and social context Disaggregated according to normative grounds of non-discrimination, e.g. sex, age, ethnicity, rural and urban, etc. Sources of information: Rely on national information, assessments and analyses  Variety of sources including information from International, regional and national human rights mechanisms Information and analysis process: Participatory, inclusive, accountable and sensitive to cultures What information: Civil, cultural, economic, political and social context Disaggregated according to normative grounds of non-discrimination, e.g. sex, age, ethnicity, rural and urban, etc. Sources of information: Rely on national information, assessments and analyses  Variety of sources including information from International, regional and national human rights mechanisms Information and analysis process: Participatory, inclusive, accountable and sensitive to cultures

45. 45 HRBA to Assessment Purpose of the Assessment:  Identify main human rights and development challenges What is happening? To whom? Where? e.g. 2/3 rural indigenous girls drop out of primary school after the second year of enrolment Characteristics of a development challenge: It should be stated as a human rights issue Formulation should be people focused Purpose of the Assessment:  Identify main human rights and development challenges What is happening? To whom? Where? e.g. 2/3 rural indigenous girls drop out of primary school after the second year of enrolment Characteristics of a development challenge: It should be stated as a human rights issue Formulation should be people focused identify the applicable human right standards (claims and duties) International HR mechanisms provide a reading of development challenges from a human rights lens

46. 46 HRBA to Assessment & Analysis From UN Guidelines for CCA & UNDAF 2007 (page 10): High quality analysis will : Assess the situation in relation to the standards set in the Millennium Declaration and other internationally agreed treaty obligations Identify patterns of discrimination and inequality, and describe the situation of groups excluded and made vulnerable due to the denial of their rights; Assess capacity development needs at different levels, through systematic country-led capacity assessments; Involve non-government stakeholders, and ensure the active and meaningful participation of groups subjected to discrimination, including the poor, women, indigenous peoples, displaced people and migrants; and Assess the risks of conflict, ecosystem deterioration and natural disasters, as well as the readiness of countries to respond.

47. 47 HRBA to selection & Priority Setting …from UNDAF guidelines The persistence, severity and scope of the problem being caused Negative trends Trends that might lead to man-made crises or natural disasters Disparities suggesting unequal treatment and discrimination Opportunities for UNCT advocacy and programme cooperation

48. 48 Vulnerability Analysis Identify the most vulnerable groups amongst the rights holders How are they excluded or marginalized What are the reasons for their vulnerability

49. 49 Detailed Steps to Improve the Quality of the Analysis 1. CAUSALITY ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

50. 66 Why a causality analysis? If a problem is caused byconditionsthree byconditionsthree All three conditions must be addressed

51. 51 Causality Analysis Analysis of immediate, underlying and structural/roote causes of development challenges- a technique for identifying causes of a problem which can then be used to formulate appropriate responses Identifying which rights are not being realized and their immediate, underlying and root causes Needs disaggregated data to identify disparities, negative trends which are often masked by aggregate data Includes understanding of the context and its effect on people’s lives, review of policies and laws to assess consistency with global human rights standards Needs a participatory process

52. 52 CAUSALITY ANALYSIS / Problem Tree CAUSALITY ANALYSIS / Problem Tree Problem tree analysis detects root causes of human rights problems (vertically) and the inter-relatedness of rights (horizontally and vertically) Manifestation Immediate Causes Underlying causes Root Causes Causes of a Problem

53. 53 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

54. 54 Value added of a HRBA to the Causality Analysis: Inclusion of power relationships in the analysis. Existing power structures are commonly root causes of development problems. Use of human rights standards to deepen analysis. Human rights, as codified in international, regional and national legal systems, constitute a set of performance standards against which duty- bearers can be held accountable. The treaty monitoring bodies clarify the meaning of particular human rights standards. Human rights are interdependent and interrelated. The interrelation of human rights and development problems ensures a systemic approach by which various UN agencies contribute to solving the central problem as related to their respective mandates and sectors of interest.

55. 55  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? Role Pattern Analysis: * Analyze responsibilities and claims and the relationships between Rights Holders (RH) and Duty Bearers (DB) * Identify Duty Bearers and their responsibilities for respecting, protecting and fulfilling rights Check what the human right standards say about their claims and duties Check also what role is expected from rights-holders & duty bearers in national laws, procedures and policies

56. 56 Role-Pattern Analysis / Matrix Rights Holders  Duty Bearers DisabledCommunity Health Services Town administration District Administration Ministry of Health Ministry of Finance Parliament Community Health Services Provide proper care and treatment Town administration Provide access to public buildings Provision of buildings and public services District Administration Logistic support, provision of buildings Ministry of Health Issuance of regulations Adequate resources / instructions/ training Regulations on access to public buildings Ministry of Finance Adequate budget allocation Parliament Sign Convention Pass laws to implement it

57. 57 Duty Bearers Capacity (Gap) Analysis (based on HRBA) Capacity is an essential prerequisite for duty bearers to be able to fulfill their obligations and for claim holders to claim their rights Key Duty Bearer capacities (or the lack of) are: Responsibility/ Motivation Authority Human and financial resources Decision making & communication

58. 58 Right Holders Capacity (Gap) Analysis Role pattern of Right Holders Knowledge of Right Exercising the right Claim of right / complaint / using a remedy Capacity Gap of Right Holder Not understanding of the problem / information gap Lacking resources (financial, technical, skills) Lacking political influence Range of risk arising from exercising/claiming the right (potential threats)

59. 59 HRBA to Analysis: Capacity Gap Analysis Capacity gaps:  Knowledge  Responsibility / motivation / leadership  Authority  Access to and control over resources  Gaps in NHRPS Capacity gaps:  Knowledge  Responsibility / motivation / leadership  Authority  Access to and control over resources  Gaps in NHRPS capacity development is not only a technocratic process. It also entails political, societal, legal and institutional change Treaty Bodies and Special Procedures can identify capacity gaps

60. 60 Selecting areas of cooperation-Strategic analysis Analyze UN comparative advantages in: ► Direct service delivery►Advocacy and social mobilization ► Information and awareness►Training and education ► Monitoring and observation►Policy and legal advise Partnership analysis: HRBA broadens the spectrum of partners, Including those belonging to National Human Rights Protection Systems Analyze UN comparative advantages in: ► Direct service delivery►Advocacy and social mobilization ► Information and awareness►Training and education ► Monitoring and observation►Policy and legal advise Partnership analysis: HRBA broadens the spectrum of partners, Including those belonging to National Human Rights Protection Systems HRBA promotes a practise shift from direct service delivery to capacity development HRBA promotes a practise shift from direct service delivery to capacity development

61. 61 Results-Based Management (RBM) An overview Session 6 Action 2 Learning Human Rights Together

62. 62 What is a Result ? What is Results Based Management? Result: A describable or measurable change resulting from a cause and effect relationship RBM: A management approach aimed at ensuring that activities achieve desired results Performance monitoring: How well are results being achieved? What measures are needed to improve the process

63. 63 Common elements of RBM Problem analysis to understand causes Structuring of programmes around a chain of desired results - addressing causes Causality in the chain of results (if… then logic) Use of ‘change language’ (future conditional) Reliance on indicators to measure performance Costing of results (RBB) rather than isolated activity budgeting, budgets based on available resources Monitoring and reporting on progress against planned results

64. 64 ResultsMeasurable Indicators Means of Verification Risks and Assumptions Goal Purpose Outputs Activities The Logical Framework Approach & LogFrame

65. 65 A Typology for RBM: Poverty Reduction Outcome Impact Output Activity Poverty reduced 3000 new small enterprises developed in poorest provinces 7 model business incubators operational in poorest provinces - Acquire facilities - Staff training - Micro-credit provision.. ResultsLike… Focus @ Timeframe <1 yr <5 yrs 5 yrs 5-10 yrs more less Level of control Institutional/ Behavioural Operational/ skills, abilities, products & services Human! Outcome Employment and income generation increased Institutional/ Behavioural 5 yrs then if then Promises National priorities/ nMDGs A good bet! Capacity gaps closed Obligations met Performance improved more Collective Account- ability less

66. 66 Outcomes Outcomes represent strategic, high level results which are the intended changes in development conditions, which occur between the completion of outputs and the achievement of impact. These normally relate to changes in institutional performance, or behavioral changes among individuals or groups. Achieving outcomes often requires the collective efforts of several UN agencies and their development partners. The UN is using two separate, but linked, outcome level results: a) UNDAF outcomes and b) Agency outcomes

67. 67 The HIGH LEVEL RESULTS of UN system cooperation  Represent changes in institutional performance or behaviours  A strategic contribution to the achievement of National Goals/ National MDGs  3 to 5 suggested, >5 Ok, based on country context and UNCT comparative advantages  Collective priorities  Produced by the combined effects of the lower level agency outcomes  Reflect a choice about strategy or policy - debatable & controversial. UNDAF Outcomes: Definition & key features

68. 68 The 2 nd LEVEL RESULTS of UN system cooperation  Represent changes in institutional performance or behaviours  A strategic contribution to the achievement of UNDAF outcomes  No more than 3-4 per UNDAF outcome  Accountability may be of a single agency, but is increasingly shared  Produced by the combined effects of the outputs  Not as controversial and debatable as UNDAF outcomes ( … but may be) Agency Outcomes:

69. 69 UNDAF MATRIX Model HRBA Formulation Time National priorities UNDAFOUTCOME AGENCYOUTCOME OUTPUT Full enjoyment of rights: Positive and sustained changes in the lives of men, women and children 5-20 years Increased performance rights-holders to claim their rights and of duty-bearers to meet their obligations 4-5 years Legal, policy, and institutional reforms that help DB to meet their obligations AND RH to claim their rights 2-4 years Tangible services, products, new skills and abilities to fill the capacity gaps of RHs & DBs 1-4 years

70. 70  Operational changes: new skills or abilities, the availability of new products and services, outputs are deliverables  Must be achieved within the programme period  Managers have a high degree of control  If the result is mostly beyond the control or influence of the programme or project, it cannot be an output  Failure to deliver is failure of the programme or project  4 to 6 outputs per agency outcome Outputs should be: Tangible Deliverable, and Sufficient to achieve the expected Agency outcomes Outputs:

71. 71 Assumptions:  A necessary condition for the achievement of results at different levels.  Part of the cause-effect logic  Stated as though it is actually the case  Less probable at the higher level of the hierarchy  Can help identify additional results or outputs  Fatal assumptions

72. 72 Risks  A potential event or occurrence beyond the control of the programme that could adversely affect the achievement of the desired results  A threat to success  Not just the negative of an assumption  A trigger for reconsideration of strategic direction

73. 73 then Assumptions and Risks There is good distribution system Unable to comply with international food regulations if then and if if Increased standards of living among fishing communities Increased standards of living among fishing communities Family & company incomes increase from previous year Family & company incomes increase from previous year 65 tons of fish caught each day Rate of fishing is sustainable Inflation reduces value of income

74. 74 What is an indicator?  Indicator: A quantitative or qualitative variable that allows the verification of changes produced by a development intervention relative to what was planned  A tool to measure evidence of progress towards a result or that a result has been achieved  Objectively verifiable, repeatable measures of a particular condition  Monitoring = How are we doing?  Indicators = How do we know?

75. 75 Indicators: Baseline, Target and Achievement Baseline Commitment Current Level of Achievement Performance Achievement At end of period Target Planned Level of Achievement

76. 76 Types of indicators Examples for quantitative indicators 1. Quantity of rice produced; 2. Comparative (women and men) rate of employment in the public sector; 3. Proportion of children aged five or under who are fully immunized Examples of Qualitative indicators 1. Level of satisfaction of the beneficiaries. 2. Quality of the service provided. 3. Perception of men on women’s participation in the local Committee. 4. Attitudes towards condom use among sexually active adolescents

77. 77 Monitoring vs. Evaluation MonitoringEvaluation Systematic, ongoing During programme implementation Tracking of activities and progress According to AWP For short term corrective action Accountability for implementation Contributes to evaluation Conducted by insiders Are we doing things right?  Systematic, periodic  During and after programme implementation  Judgement of merit, value or worth of a programme/project  Compared to evaluation criteria (relevance, effectiveness, impact)  For decision-making about future programmes  Accountability for results  For office & organizational learning  Conducted by impartial outsiders  Did we do the rights things?

78. 78 HRBA to Monitoring & Evaluation What to measure?  Programme performance (Impact, Outcomes, Output)  Programme process: Participation, accountability and non-discrimination  Programme context:  existence of laws, policies and institutional mechanisms  Duty-bearers’ efforts to meet their obligations  Right-holders’ disparities in enjoying rights What to measure?  Programme performance (Impact, Outcomes, Output)  Programme process: Participation, accountability and non-discrimination  Programme context:  existence of laws, policies and institutional mechanisms  Duty-bearers’ efforts to meet their obligations  Right-holders’ disparities in enjoying rights Based on claims and obligations in human rights standards based on human rights principles Under HRBA, the monitoring of the context is equally important as the monitoring of the programme performance and process

79. 79 HRBA to Monitoring & Evaluation How to measure?  Identify the rights-holders and duty-bearers who will contribute to the M&E process either as: -Information providers, for example line ministries -Independent information interpreters, for example National Human Rights Institutions  Bring them together in a participatory process  Ensure access to available information and data on the programme How to measure?  Identify the rights-holders and duty-bearers who will contribute to the M&E process either as: -Information providers, for example line ministries -Independent information interpreters, for example National Human Rights Institutions  Bring them together in a participatory process  Ensure access to available information and data on the programme HRBA calls for mechanisms of participation and programme accountability

80. 80 Linking rights to Results: What shall be done differently when applying the HRBA Session 7 Action 2 Learning Human Rights Together

81. 81 UN Country Team role duty bearersrights holders CSO laws policies services data, monitoring remedies information, education participation organisation monitoring access to remedies ( administrative, judicial ) fulfill duties claim rights UN-CT support laws and policies, technical assistance service delivery advocacy Information, participation, organisation, monitoring Capacity development

82. 82 HRBA to Results Based Programme Planning Impact:Realization of human rights, as laid down in international instruments ↑ Outcome: Increased performance of rights- holders and duty-bearers ↑ Outputs: Your tangible contribution to capacity development of RHs, DBs and NHRPS ↑ Process:Guided by Human Rights principles Treaty Bodies and Special Procedures can identify specific actions for capacity development

83. 83 What shall be done differently when applying the HRBA Argue from the legal basis of the international conventions (use rights-based language in project documents, official speeches, communications with sate authorities and civil society UN Country team should discuss with state authorities when and where human rights are not fulfilled Work towards availability of data which indicate whether or not human rights are fulfilled. Insist on dis-aggregated date (gender, age, region, ethnicity). Focus your projects on the most vulnerable groups – give priority to the most disadvantaged – reach the un-reached Set priorities and design the project in a way that you address those who’s rights are most in danger

84. 84 What shall be done differently when applying the HRBA (cont.) Include the Human Rights Based Approach in all phases of the program cycle (information gathering, analysis, priority setting, project design and implementation, indicators, monitoring an devaluation Priority setting: Focus on what are the most “burning” human rights problems (which Human Rights are least fulfilled) Duty bearers: Shift from service delivery to capacity building, Analyze where is the capacity/motivation gap

85. 85 What shall be done differently when applying the HRBA (cont.) Right holders: Include in all projects also elements to strengthen the rights holders’ abilities to claim their rights Include in the project also the promotion of the knowledge of the international Human Rights conventions Cooperate with the state authorities as well as with civil society, strengthen the cooperation with the CSO/NGOs

86. 86 What shall be done differently when applying the HRBA (cont.) Use Treaty body recommendations and Special Procedure reports as an assessment, analysis and advocacy tool Co-operate with the Treaty Bodies and Special Procedure (e.g. by providing information where Human Rights are not fulfilled) Design and implement all stages in of a project in an inclusive manner which involves duty bearers and rights holders

87. 87

88. 88 Action 2 Learning Human Rights Together THANK YOU !

89. 89 Annexis: A Typology for RBM: Governance Outcome Impact Output Activity There is good governance National capacity to implement governance reforms increased Legislative code for local self-governance developed - Training legislators - National consultation - Assessment of laws.. ResultsLike… Focus @ Timeframe <1 yr <5 yrs 5 yrs 5-10 yrs more less Collective Accountability Institutional/ Behavioural Operational/ skills, abilities, products & services Human! Outcome Governance reforms institutionalised Institutional/ Behavioural 5 yrs then if then

90. 90 A Typology for RBM: Environment Outcome Impact Output Activity Loss of environmental resources reversed Communities improve environmental practices CBOs better abled to engage and mobilise communties - CBO training - Community orientation - Small grants provision ResultsLike… Focus @ Timeframe <1 yr <5 yrs 5 yrs 5-10 yrs more less Collective Accountability Institutional/ Behavioural Operational/ skills, abilities, products & services Human! Outcome Protected areas are designated Institutional/ Behavioural 5 yrs then if then

91. 91 A Typology for RBM: Conflict Prevention Outcome Impact Output Activity There is good governance Negative effects of nation-building process mitigated Cross-border communities able to discuss causes of conflict and solutions - CBO training - Community orientation - Small grants provision ResultsLike… Focus @ Timeframe <1 yr <5 yrs 5 yrs 5-10 yrs more less Collective Accountability Institutional/ Behavioural Operational/ skills, abilities, products & services Human! Outcome Governance reforms for conflict prevention institutionalized Institutional/ Behavioural 5 yrs then if then

92. 92 A Typology for RBM: Disaster Management Outcome Impact Output Activity There is good governance Improved response to natural disasters in high risk areas Local gov. and communities conduct risk assessments - CBO/ local gov training - Community consultations - Small grants provision ResultsLike… Focus @ Timeframe <1 yr <5 yrs 5 yrs 5-10 yrs more less Collective Accountability Institutional/ Behavioural Operational/ skills, abilities, products & services Human! Outcome National disaster assistance services modernized Institutional/ Behavioural 5 yrs then if then