SOCIAL ACCOUNTABILITY AS HRBA

PHASE TWO TRAINING FOR TARGET GROUPS IN LUKULU DISTRICT.

A DOCUMENT PREPARED BY: ODEBA DENIS JAVURU

SOCIAL ACCOUNTABILITY INSPIRATOR AT KZF LUKULU

Learning Objectives

At the end of the session, participants should be able to; Define social Accountability & HRBA Concept Enumerate on the four pillars of social

accountability Identify social accountability tools and

methods.

Social Accountability What do we need to

belong in an environment with open, respectful dialogue and maximum participation?

Social Accountability Defn’d: Accountability: The duty of gov’t officials to account for or take

responsibility for their action.Social Accountability: An approach that builds accountability

that relies on civic engagement. i.e. it is ordinarily citizens or citizen groups who participate directly or indirectly in exacting accountability.

SA-Actions & mechanisms initiated by citizen groups to hold public officials, politicians & service providers to account for their conduct & performance on service delivery, improving peoples welfare & protect pple’s right.

Action & mechanism fall under SA tool-participatory planning, budgeting, expenditure tracking & participatory performance monitoring.

Social Accountability Cont’dCitizen driven accountability do measure demand

side of gov’t and complements supply side of gov’t on electoral reforms, political gov’t system, internal reforms in bureaucracy, political check & balance, accounting & auditing system & administrative rules and legal procedures.

SA doesn’t solve all problems in gov’t. it only improves effectiveness by; making public service more responsive & appropriate to p’ples need, improve public service delivery & quality service.

Social Accountability cont’dSA addresses efficiency in a more indirect manner

through; improving internal institutional processes of bureaucracy (human resource, leadership, capacity dev’t e.t.c)

Reflection Question: What should gov’t officials and power holders be held accountable for?

Why Social Accountability challenge for improving social accountability is

increasing & worsening. Public service for the poor is of low quality, rudimental & not responding to citizens needs.

Traditional mechanism for accountability that concentrate on the supply side of gov’t have failed to minimize Corruption and improve on quality for public service to poor communities.

Citizens especially the poor lack the capacity to organize themselves to demand good governance from power holders or from their elected officials.

Social Accountability a HRBAProtecting & strengthening HR is one of the goal 4 SA. HRBA is a frame work for promoting HR thru norms, standards &

principles set internationally. Rights include; a. Right to be heard (voice): Citizens have the right to voice

concerns, needs & opinion to help gov’t better service delivery. b. Right to know (information): Right to obtain in a timely manner

reliable, high quality & relevant information from gov’t offices & agencies to build credible evidences that will serve to hold gov’t accountable.

c. Right to organize (Association): or join groups or orgn’s with greater capacity to engage gov’t in constructive, systematic & sustainable way.

d. Right to participate (Negotiate): In order to achieve the long term expected change by the citizen’s.

Human Rights Definition of human righti. What are human rights?ii. Who has human rights?iii. Who is responsible to protect, fulfill or promote

human rights?iv. What are some of the universally accepted human

rights?The basic rights and freedoms to which all humans are

entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law (by freedictionary.com)

Human Right Definition Cont’dLegal definition of human right…. Basic rights that

fundamentally and inherently belong to each individual.

“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.

Human Rights PrinciplesEquality & non-discrimination: All individuals are equal as

human beings & by virtue of their inherent dignity respectively.Participation & inclusion: Every person / peoples are entitled

to active, free & meaningful participation in contribution & enjoyment of political development / realize freedoms.

Accountability & the Rule of Law: Duty to protect, fulfill & promote rights lies with States as signatories-HR instruments.

Universality & inalienable: All are entitled, cannot be given up voluntarily or taken away.

Interdependence & interrelatedness: Realization of one depends, wholly or in part upon realization of others.

Human Rights Framework International Bill of HRs and UN Charter: Legal and

conceptual framework for contemporary international Human Rights law.

Universal Declaration of HRs 1948: International HR community focused on rights in public sphere and tended to overlook women’s rights.

International Covenant on Civil and Political Rights (ICCPR) 1966 – ‘first generation’ rights.

International Covenant on ESC Rights (ICESCR) 1966 – ‘second generation’ rights.

Human Rights Framework Cont’dFirst Generation Rights: “Blue rights” – Deals with liberty and

participation in political life. (Civil and political in nature)They save Negatively to protect the individual from excesses of

the state; Right to life, Equity before the law, Freedom of speech, A right to a fair trial, Freedom of religion &Voting rights. Covered in the UDHR and more specifically in the ICCPR – “International Covenant on Civil and Political Rights”

Second Generation Rights: “Positive Rights” “Related to equity”. (Economic, Social and Cultural in nature). They impose upon the gov’t the duty to respect & promote & fulfill them, but depends on the availability of R’sses. They guarantee different members of the citizenry equal conditions & treatments; A right to be employed (in just and favorable condition), Right to food & housing, Right to health care & Social security.

Covered on UDHR but more specifically in the International Covenant on Economic, Social, and Cultural Rights.

HR-Framework Cont’dThird Generation Rights: “remains largely unofficial”. They go beyond the mere civil and socialThey include a broad spectrum of rights…A Group

and collective rights; Right to economic and social development; Right to self-determination; Right to natural resources; Right to a health environment; Right to participation in cultural heritage; Right to communicate and communication rights; and Right to intergenerational equity and sustainability

Covered on ACHPR, the 1992 Rio Declaration on environment and development.

Some examples of Human Rights“All human beings are born free and equal in dignity

and rights” (Article 1, UDHR)

“Everyone has the right to freedom of opinion and expression…” (Article 19, UDHR)

“Everyone has the right to take part in the government of his/her country, directly or through freely chosen representatives” (Article 21, UDHR)

“All are equal before the law” (Article 7, UDHR)

Right Based Approach to Service DeliveryCitizens are not passive users of public services; they

are active holders of fundamental rights BUT, A right is something that we deserve rather than

something we actually have. Having a right is not the same as having access to that

right. E.g. The right to health versus access to health care.

In order to be realized, a ‘right’ - or what citizens deserve must become a ‘capability’ - what they are actually able to be or do.

For socioeconomic rights, this is done through the delivery of services that address a set of basic human needs

Right Based Approach to Service Delivery Cont’d

United Nations Human Rights Framework (1948)The International Covenant on Economic Social and

Cultural Rights (ICESCR) a. Signed by over 150 states, b. Ratified by the Zambian National Assembly on 10

April 1984 c. Commits signatories to the progressive realization

within available resources of the rights to: Health, Education, Social security, Adequate standard of living (food, clothing and housing) and continuous improvement of living conditions

African (Banjul) Charter on Human and People’s Rights (1981)

Zambia Signed on 03/08/2005 & Ratified on 02/5/ 2006

Article 16 1. Every individual shall have the right to enjoy the

best attainable state of physical and mental health.

2. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

African (Banjul) Charter on Human and People’s Rights (1981)

Article 171. Every individual shall have the right to education. Article 22

1. All people shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Declaration of Principles on Freedom of Expression in Africa, 2002

Preamble: •“Convinced that respect for freedom of expression, as well as the right to access to information held by public bodies & companies, will lead to greater public transparency & accountability, as well as to good governance and the strengthening of democracy”•IV Freedom of Information 1.Public bodies hold information not for themselves but as custodians of the public good & everyone has a right to access this information, subject only to clearly defined rules established by law. 2.The right to information shall be guaranteed by law in accordance with the following principles: – Everyone has the right to access information held by public

bodies;

Declaration of Principles on Freedom of Expression in Africa, 2002

– Any refusal to disclose information shall be subject to appeal to an independent body and/or the courts;

– Public bodies shall be required, even in the absence of a request, actively to publish important information of significant public interest;

– No one shall be subject to any sanction for releasing in good faith information on wrong doing, or that which would disclose a serious threat to health, safety or the environment save where the imposition of sanctions serves a legitimate interest and is necessary in a democratic society; and

Declaration of Principles on Freedom of Expression in Africa, 2002

– Secrecy laws shall be amended as necessary to comply with freedom of information principles.

– No one shall be subject to any sanction for releasing in good faith information on wrong doing, or that which would disclose a serious threat to health, safety or the environment save where the imposition of sanctions serves a legitimate interest and is necessary in a democratic society;

– Every one has the right to access information held by private bodies which is necessary for the exercise or protection of any right;

Human Rights Obligations of the State Basic needs are the foundation from which human rights

emerge. Since human rights are guaranteed in law, states are the

primary mechanism through which human rights are realized. Article 2 of the ICESCR imposes the following obligation upon

states: – The progressive realization of all rights guaranteed in the

treaty (access to the rights must be better tomorrow than it was yesterday)

– To do this to the maximum of its available resources (states must obtain and use all resources available to them to ensure that realization happens effectively and promptly)

HR Obligations of the State… Progressive realization… to the maximum of its available

resources (ICESCR Article 2) Obligation to Respect: States must not do anything to prevent

access to the right Obligation to Protect: States must make sure that any

enterprises or individuals do not deprive individuals of their access to the right.

• Obligation to Fulfil; (facilitate) access to and use of resources and means to ensure their access to and enjoyment of the right & (provide) means that the State must provide that right directly when an individual or group is unable to do so for themselves

State Role to Citizens Economic Rights Act as an efficient public resource management framework This is made up of 5 key processes; Resource Allocation and

Strategic Planning, Expenditure Management, Performance Management, Public Integrity Management & Oversight .

These processes sh’ld account to citizens on a regular basis; Rigorous & detailed documents enable public managers to effectively manage public resources ; & public entities must justify & explain their performance to citizens.

If documents are not produced, or are of poor quality, then public officials are unable to effectively manage public resources or to deliver public services &be accountable.

Four Pillars of Social AccountabilityOrganized and capable Citizen Group; able to gather &

analyze information about gov’t programs & use the infor. judiciously to directly engage public offices, politicians & service providers to demand they serve public interest justly, effectively & efficiently. Capacity citizens group need to facilitate constructive civic engagement includes;

a. Capacity to set up systems & structures for organizing the constituency.

b. Ability to build network & negotiate among competing stakeholders interests

c. Ability to articulate positions into effective messages that are able to create and expand public consensus on issues.

Four Pillars of Social AccountabilityA responsive Gov’t; that provide spaces, structures &

processes for a constructive civic engagement. Such gov’t includes; individuals or champions who believes in citizens participation in governance & who supports such processes.

Access to and effective use of adequate & essential information; the generation of high quality & reliable demand side information is an important prerequisite to any social accountability program. M+E on gov’t performance should be based on reliable evidence to make credible claims on whether the gov’t is working well or not.

Four Pillars of Social Accountability

Sensitivity and relevance to culture & context; that requires better understanding of contextual factors that can help facilitate or hinder adoption for social accountability.

Hinder factors may include; corruption and mismanagement in the government.

The framing, application and mainstreaming on social accountability cultural and contextual factors should support constructive engagement & citizen monitoring of gov’t.

Understanding of Accountability …is responsibility OR duty to take action.Responsibility or duty to account for or duty to

provide explanation for action or lack of action & consequences.

Account for what? • Power (money, network, information)• Promises (strategy, results and resources) • Performance (NDS, tasks, time, standards)• Policies (Fiscal, Monetary, International

conventions, FOI, National constitution etc) • Processes (Budgetary, governance)

Accountability/ Budget Tracking MeasuresParticipation (voice) Disclosure (transparency) Audit, review, evaluation Complaints/grievanceAccountability Tools and Methods Balance score card Monitoring and evaluations Social audit Budget tracking Reviews and reports Peer reviews Sector reporting

Tools and MethodsMonitoring the performance of public agenciesCommunity monitoring – through citizen score cardSocial Accountability Notice BoardsSocial Audits/Public Hearings Community Score CardQualitative monitoring tool that are used for local level

monitoring and performance evaluation of services, projects and even government administrative units by the communities themselves

Like the citizen report card, the CSC process is an instrument to ensure social & public accountability & responsiveness from service providers. However, by including an interface meeting between service providers & the community that allows for immediate feedback, the process is also a strong instrument for empowerment.

Community Score Card Methodology

• Select survey sites • Ensure: geo-political representation, population

densities and socio-economic characteristic of the population

• Make effort to capture views from both the rural and urban areas

• Develop a questionnaire, pre-test before administering and review it

• To ensure quality of data all enumerator should be trained on interviewing skills, data collection and recording.

Budget Tracking or PETsPETS/B Tracking are conceived to trace flows of

resources (financial, in-kind, human) through the various levels of gov’t bureaucracies down to service providers (e.g., schools, health clinics) to identify effective allocation of resources, to assess if funds are used as intended and determine the extent to which resources actually reach the target groups.

These surveys examine the manner, quantity, and timing of releases of resources to different levels of gov’t, particularly to the units responsible for the delivery of social services such as agriculture, health & education.

Why PETs /Budget Tracking Understand performance & quality of public services to

improve effectiveness of public expenditure; Assess inefficiencies such as delays, leakages & bottlenecks in

public expenditure systems and services delivered to citizens; Assess equity in public expenditure & service delivery among

regions or areas, income groups, & rural & urban locations;Assess the gap in access to & utilization of basic services by

specific groups, especially the poor; Improve accountability & fill gaps in information on public

expenditure & resource use at decentralized level by tracing expenditure flows toward end users of resources;