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Human Rights in the Context of UN Reform
What is the UNDAF?What is the UNDAF?• Strategic programme framework for the
UN Country Team• Describing collective UN response to
MD/MDG related national priorities• Demonstrate the UN Comparative
advantage• Strategic positioning
UNDAF - Strategic focusUNDAF - Strategic focus
• Support in areas where the UNCT can make the biggest difference;
• Address root causes;• The UNCT has comparative advantage to
address the identified problems; • Sufficient resources are available, or can
be mobilized; • Alignement with key actors/stakeholders
engagement.
1. Top strategic priority2. Potential high priority: use negotiation/consensus building to seek alignment 3. Potential high priority: draw on regional/global UN capacity where feasible4. Lower priority: does not meet major challenge
Strategic Priority Setting for UN Country Teams
UNCT Comparative Advantage
Alignment of key actors to support UNCT action
Major Challenge
13 4
2
MD/MDGs/International norms
Human Rights and Development
What are Human Rights?
3 cards per table
You have 10 minutes
• 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?
What is Development?
3 cards per table
You have 10 minutes
•Economic development (Marshall Plan)•Technical Assistance (cold-war)•Community Development•Basic Needs Approach•Sustainable Development•Sustainable Human Development•‘Political Economy’•Human Rights-based Development
Evolution of the ‘Development’ RegimeEvolution of the ‘Development’ Regime
Human development
• Process of enhancing people’s capabilities
• Expand choices and opportunities
• Lead a life of respect and value
… and Human rights
• Claims to be protected from abuses and deprivations
• Secure the freedom for a life and dignity
• Requires capacity that development makes it possible
The linkage between …
Similarities
• Common objectives• Tools for accountability• Progressive realization• Similar guiding
principles• Gender equality is
integral
Programming complementarities
• Align each MDG with HR
• HR standards add quality to MDGs’ numerical targets
• HR adds quality to MDG process
• HR helps reduce disparities
MDGs and human rights
Gender mainstreaming
• Considers implications of any actions on both women and men
• Makes both women’s and men’s concerns integral to all phases of programming
• Ultimate goal: gender equality
… and women’s rights
• CEDAW: Legal demand for non-discrimination
• Women’s rights are central to HRBA
• Ultimate goal: gender equality and realization of all human rights for both women and men on equal terms
The linkages between …
Human rights and conflicts
• Violent conflict prevents the realization of human rights
• Non-realization of human rights may lead to violent conflict
• Violation of human rights often represents manifestation of conflict emergence or escalation
There is a reciprocal relationship between human rights and conflict prevention.
Violations of human rights are a root cause of conflict; they are also a common consequence of it.
Secretary-General’s Progress Report on the Prevention of Armed Conflict (2006)
...To achieve international cooperation…in promoting and encouraging respect for human rights and for fundamental freedoms…
--UN Charter, art. 1
Human rights in the UN
UN CharterUDHR
Cold War
DevelopmentDevelopment Human RightsHuman Rights
CopenhagenCairo
ViennaBeijing
UN Reform Agenda
1997/20051997/2005
Peace & SecurityPeace & Securityhumanitarian actionhumanitarian action
Milestones of HR mainstreaming
‘In Larger Freedom’
Humanity will not enjoy ...
• security without development
• development without security
• either security or development without respect for human rights
Human Rights Promotion and Protection Systems
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
UN CharterUN CharterUDHRUDHRHRCHRC
ICCPRICCPR ICESCRICESCR
CERD CEDAWCEDAW
CATCATCRC
NationalProtectionSystems
CMW
Other International Instruments
RegionalRegimes
CRPD
Human rights instruments
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)
Global & regional protection are complementary
Global & regional norms require national implementation
Global & regional protection if national remedies have been exhausted
National norms should be consistent with global and regional standards
Links between national, regional and international protection systems
Special proceduresCountry mandates (8)
• Burundi• Cambodia• DPRK• Haiti• Myanmar• Palestinian territories• Somalia• Sudan
Thematic mandates (27)
►Adequate housing ►African decent ►Arbitrary detention ►Sale of Children ►Education ►Enforced Disappearances ►Extrajudicial executions ►Extreme poverty ►Food ►Foreign debt ►Freedom of opinion & expression ►Freedom of religion ►Health ►Human rights defenders ►Independence of judges and lawyers ►Indigenous people ►Internally displaced persons ►Migrants ►Minority issues ►Racism ►Slavery ►International solidarity ►Terrorism ►Torture ►Transnational corporations ►Water and sanitation ►Violence against Women
Duty-bearersDuty-bearers
RespectRespect ProtectProtect FulfillFulfill
Prevent others from interfering with the enjoyment of rights
Prevent others from interfering with the enjoyment of rights
Refrain from interfering with the enjoyment of rights
Refrain from interfering with the enjoyment of rights
Adopt appropriate measures towards full realization 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
Concluding observations
StateCivil Society
State reportsShadow reports
Treaty bodies
Supports reportingProcess
Programmessupport State
implementation
Provides its Own inputs
UNCT
Value of international human rights mechanisms in development work
Advocacy tool: Open opportunities to have dialogues around sensitive issues
Accountability tool: HR bodies provide transparent mechanisms to monitor government efforts
Analytical tool: Help understand underlying and root causes of development problems
Programming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)
The Human Rights Based Approach in Programming
Process
What is a human rights-based approach?
What is NOT a HRBA …
Rhetorical repackaging
Human rights activities
Political conditionality
The human rights-based approach is a conceptual framework that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights
Aim: to create the conditions under which people can live in dignity and peace and develop their full potential
What is a human rights-based approach?
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 in all 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 in all 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
GOALGOAL
PROCESSPROCESS
OUTCOMEOUTCOME
UN common understanding on HRBA
All programmes of development co-operation should further the realization of human rights as laid down in the UDHR and other international human rights instruments
GOALGOAL
Common understanding on HRBA (1)
Programming strengthened by Human Rights Mechanisms
Observations by Treaty Bodies and Special Procedures → Analysis of development issues from a HR lensRecommendations by Treaty Bodies and Special Procedures → Provide tools for UN programming to address problems identifiedGeneral comments by Treaty Bodies → Identify the precise content of development objectives by clarifying the meaning
Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process
PROCESSPROCESS
Common understanding on HRBA (2)
The integration of human rights principles and standards into all stages of the
programming process
ASSESSMENT & ANALYSIS
PRIORITY SETTING
PROGRAMME PLANNINGAND DESIGNIMPLEMENTATION
MONITORING AND EVALUATION
Human rights principles
• Universality and inalienability
• Indivisibility• Interdependence and
interrelatedness• Equality and non-
discrimination• Participation and
inclusion• Accountability and the
rule of law
Group work!
• At your tables, and each table takes one set of principles and discuss:What do the principles of (equality and non-discrimination; participation and inclusion, and accountability and the rule of law) mean, and what are some of the questions to be posed and answered in the programming process?
• Summarize your discussion in max 1 flipchart sheet
You have 30 minutes
Equality and Non-Discrimination
•Is there a legal framework that guarantees the principles of equality and non-discrimination, and what mechanisms are in place to give effect to these principles? •How do you know who is vulnerable/marginalized or discriminated? Do we have sufficient data available to take informed decisions?•Are there laws, institutional administrative or regulatory practices that are discriminatory against a particular group of the population?•Is there a prevailing culture of “de facto” discrimination in society?
Participation and Inclusion
Are marginalized and excluded people able to participate freely in their own development?
Who are the stakeholders / target beneficiaries? Why?How do we select target groups? How will/are they participating?Who is facilitating the participation process?Who is not participating and why?What is their influence and power?
Accountability and the Rule of Law
Who is the program accountable to?
Are there mechanisms in place for people to seek redress if they have complaints?
Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights
OUTCOMEOUTCOME
Common understanding on HRBA (3)
Rights-holders and duty bearers
Rights-holders:
• 6,783,421,727 (World population est 31/5/2009)
• Every individual, either a man, woman or child, of any race, ethnic groups of social condition
• Groups (to some extent)
Duty bearers:
• Primarily States• In some cases, certain
individuals have specific obligations
• Individuals and private entities also have generic responsibilities towards the community to respect the rights of others
The role of capacity development
The HRBA in UN programming
Analysis UNDAF CPs
Strengthened capacity ofrights-holders and duty-bearers
CP outcomes
Causal connections of rights
Patterns of discrim.inequality, and exclus
Capacity gaps of RHs and DBs
Analysis of Development challenges
Empowered rights-holdersand accountable duty-bearerscontribute to the realizationof human rights
UNDAF Outcomes
M&E
M&ESystems
Mechanisms for participat. of RHs & DBs in programme monitoring
Overview of conflict prevention tools and methodologies
Day 3Day 3
RBM - Linking rights and resultsRBM - Linking rights and results
How to integrate human How to integrate human rights?rights?
Government-UN cooperation helps…• Those who have entitlements to claim them • Those who have responsibilities to honour them
Focus on the most excluded, disadvantaged• 3 key questions…
– Whose rights are not being met?– Who has a responsibility to act?– What do these people need to be able to act? (authority, skills,
resources)
Practical ImplicationsPractical Implications
• What it doesn’t mean…that for every article of every convention there must be a national policy or programme response with specific indicators
• What is does mean..Policy development and programmes should address the causes and capacity gaps that prevent some people from enjoying their rights.
HRBA to Results Based HRBA to Results Based Programme PlanningProgramme Planning
HRBA to Results Based HRBA to Results Based Programme PlanningProgramme Planning
Impact: Realization of human rights, as laid down in international instruments
↑
Outcome: Increased performance of rights-holders and duty-bearers
↑
Outputs: Capacity development of RHs, DBs
↑
Process: Guided by Human Rights principles
HRBA HRBA RBM RBM
• Outcomes – A change in the performance of rights holders
and duty-bearers– What are RH and DB doing differently?
• Outputs – A change in the capacities of RH and DB?– What are the new services, products, authority,
responsibility, skills, resources that contribute to performance?
Day 3
Linking Rights with results:
The three step approach
1. Causality Analysis
3 Detailed Steps3 Detailed Steps
1. CAUSAL ANALYSISGetting to root causes
Legal, Institutional, and policy frameworks
2. ROLE/PATTERN ANALYSIS
3. CAPACITY GAP ANALYSIS
Country Analysis
GATHERING INFORMATIONAbout development problems from existing sources,
esp. national treaty reports and observations and recommendations from treaty bodies
ANALYSISOf root causes &
their linkages
ASSESSMENTShortlist major development problems
for deeper analysis
What is causality analysis?
• 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
66
Why a causal analysis?
If a problem is caused
by conditionsthree
67
Why a causal analysis?
If a problem is caused
by conditionsthree
All three conditions
must be addressed
Rights-based programming analysis
WHY Causal analysisare rights being violated/not met?
WHO are the duty-bearers? Responsibility analysis
What are their ideal and actual roles? Role-pattern analysis
WHAT capacities do duty-bearers Capacity gaps analysishave to fulfill their duties and what capacities do rights-holders have to claim their rights?
74
Rights not fulfilled
Basic /structural causes
“Society, Policies, Resources”
Underlying causes
“Services, Access, Practices”
Immediate causes
“Status”
Causal analysis: “why?”
81
Immediate Causes
Underlying Causes
Root Causes
Problem 1: HIV/AIDS Problem 2: Girl’s Education
Core Problem AreaGender Discrimination
Group Instructions:Causal analysis/problem tree
Break into the 8 Sector outcome groups
• Identify one development challenge or problem manifestation within that sector,
discuss and identify immediate, underlying and root causes
Build a problem tree
Select one chain of the problem tree and identify rights that are not being realised
Step 2.
Responsibility and role pattern analysis
3 Detailed Steps3 Detailed Steps
1. CAUSAL ANALYSISGetting to root causes
Legal, Institutional, and policy frameworks
2. ROLE/PATTERN ANALYSIS
3. CAPACITY GAP ANALYSIS
• Analyse 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
• Identify patterns of relationships between different levels – duty bearer may also be a rights holder against the next level
Rights-based programming analysis
WHY Causal analysisare rights being violated/not met?
WHO are the duty-bearers? Responsibility analysis
What are their ideal and actual roles? Role-pattern analysis
WHAT capacities do duty-bearers Capacity gaps analysishave to fulfill their duties and what capacities do rights-holders have to claim their rights?
Step 3
Capacity Gap Analysis
3 Detailed Steps3 Detailed Steps
1. CAUSAL ANALYSISGetting to root causes
Legal, Institutional, and policy frameworks
2. ROLE/PATTERN ANALYSIS
3. CAPACITY GAP ANALYSIS
Capacity Analysis in HRBA
• essential prerequisite for duty bearers to be able to fulfill their responsibilities and for claim holders to claim their rights
• entails different elements, all of which need to be analysed to identify capacity development needs
Analysis of duty-bearers’ capacity gaps
MotivationMotivation(accountability)(accountability)
Does duty bearer Does duty bearer feel an obligation to feel an obligation to perform the role perform the role according to the according to the obligation? If notobligation? If not why not?why not?
AuthorityAuthority
Does duty bearer Does duty bearer have authority to have authority to perform the role perform the role according to the according to the obligation? If noobligation? If no
who does?who does?
ResourcesResources
Does duty bearer Does duty bearer have human, have human, organisational and organisational and financial resources financial resources to perform the role to perform the role according to the according to the obligation? If notobligation? If not, , what’s missing?what’s missing?
Analysis of rights-holders’ capacity gaps
UnderstandinUnderstandingg
Does the rights-Does the rights-holder know that he holder know that he or she has rights or she has rights and can claim and can claim them? If not, why?them? If not, why?
ResourcesResources
Does the rights-Does the rights-holder have the holder have the financial, technical financial, technical and human and human resources to claim resources to claim his or her rights? If his or her rights? If not, why?not, why?
RisksRisks
What risks might What risks might ensue from ensue from claiming his or her claiming his or her right?right?
Group Instructions:Role and capacity gap analysis
Take the same causal chain
• Identify Rights- Holders and Duty-Bearers, their roles and responsibilities
• For each RH discuss/identify the capacity gaps which explain why they are not claiming their rights
For each DB discuss/identify why they are not discharging their obligations
Identify possible legal, institutional and policy gaps
The role of capacity development