The Human-Rights-Based Approach in

Belarus, Moldova and Ukraine

Regional study and practical guidance on the application of

HRBA by Civil Society Organisations

Cornelia Rauchberger

1. The Human-Rights-Based Approach (HRBA) – Theory & Practice

1.1. HRBA All definitions revolve around ensuring:

Are empowered to KNOW and CLAIM their

rights

1. Those who

possess rights

(Rights Holders)

Are empowered to be able to meet

these obligations and

are held accountable

2. Those responsible

for respecting, protecting

and fulfilling rights (Duty

bearers)

Key questions of the HRBA:Who has been left behind?

Why? Which rights are at stake?

Who has to do something about it?

What do they need to take action?

1.1. HRBA: Rights Holders and Duty Bearers

DUTY BEARERS

Every individual in any country or territory of the world

RIGHTS HOLDERS

1.2. HRBA Principles (external and internal application)

• External• Partake in public policy process

• Internal• Beneficiaries and stakeholders welcome to take part in internal activities

Participation• External• Push public authorities to make decisión-making processes public

• Internal• Information on plans and decisions is public

Transparency• External• Advises duty bearers on rights violations they are accountable for and ensures the situation is remedied

• Internal• Staff are held accountable for rights violations and the CSO takes responsibility if it commits rights violations

Accountability• External• Activities aim to highlight and counter discrimination

• Internal• Real practice of equal treatment of staff, clients etc.

Equality & non-discrimination

1.3. Applying HRBA to activities and project phases

Process Outcome

Comply with HRBA principles in all phases

Build capacities of duty-bearers & rights-holders

Phase 4: Monitoring & Evaluation

Phase 3: Project ImplementationInvolve all

stakeholdersClose capacity

gapsAdhere to HR

standards

Phase 2: Project Design and PlanningSet Overall Objective

Plan programme activities

Involve all stakeholders

Phase 1: Situation AnalysisProblem

identificationProblem analysis

Stakeholder analysis

2. Current challenges and opportunities of applying HRBA in Belarus, Moldova and Ukraine

2.1.1 Belarus

• Complex and arbitrary registration procedures

• Funding restrictions • Bans on activities• Right to peaceful

assembly restrictions

Hostile legal framework

• Lack of policy dialogue

• Negative perception of human rights mainstreaming

• Politicisation of human rights issues

• Low level of knowledge and understanding of HRBA

• Donor-driven HRBA

Other obstacles

2.1.2 Moldova

Far better conditions to operate freely Engagement in policy dialogue with public authorities

Legal framework• Dependency on

foreign donations • few public grants • Scarce contracting of

CSOs• HRBA ignorance

(rights holders and duty bearers)

• Donor-driven HRBA

Obstacles

2.1.3 Moldova

Favourable legal conditions for HRBA

Legal framework• Share of informal

Organisations• Dependencey on founders

• Little public engagement in CSOs

• Lack of capacity of newer CSOs

• Unclear strategies• Current political and

military situation

Obstacles

2.2 Differences in HRBA understanding by different types of organisations (1)

7%

20%

41%

17%

15%Good understanding

Some or vague understanding

Don't know the HRBA

Wrong understanding

No answer

Levels of understanding of the HRBA by CSOs in Belarus, Moldova and Ukraine

2.2 Differences in HRBA understanding by different types of organisations (2)

Familiarity with “human rights”: does not determine the level of HRBA understanding by

different CSOs

Wrong understanding: no

clear pattern of types of

organisations

83% of CSOs with a wrong

understanding also believe they

currently practice HRBA

Special HRBA training: produced

both correct and wrong

understandings of HRBA

2.3 Currently used tools and their potential to apply HRBA (1)

Shadow reports to the UN and other Human Rights treaty monitoring bodies (e.g. Universal Periodic Review)

Collecting signatures, launching petitions (including e-petitions)

Civic monitoring of public authorities’ activities and elaboration of recommendations for them

Training of citizens, especially vulnerable groups

Networking, teaming up with peer organisations

Face-to-face meetings with our supporters

Joint working groups bringing together the representatives of public and private sectors

Lobbying, advocacy and campaigning, also through traditional and social media

Trainings/educational programs for target groups or beneficiaries

Meetings with the target groups whose rights are promoted or protected

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

2.3 Currently used tools and their potential to apply HRBA (2)

To r ai se awar en ess o f /emp ower d u ty b ear er s

To r ai se awar en ess o f /emp o wer r igh ts h o ld er s

To p r omo te h u man r igh ts

73%

82%

67%

The aim of HRBA tools used by CSOs in Belarus, Moldova and Ukraine

2.4 Correlation: “demanding rights” & “integrating HRBA into own work”

Degree of Integration of HRBA principles by CSOs in Belarus, Moldova and Ukraine

71%

32%

44%53%

65%74%

56%

44%ex-ternalinternal

“culture of complaining”

Focus on 1 particular right or group of rights

Internal accountability

2.5 Applying HRBA in situations of limitations on rights advocacy

Belarus: strict

government limitations to

HRBA application

Registering abroad

Use of tools to collaborate with

duty bearers

Use of strategies to

empower rights-holders

Work with culture, not against itShow that human rights are not a foreign concept

Emphasise capacity developmentDo the best you can in the situation you are in

Be patient and work progressively towards change

2.6 Identifying policy opportunities

• National Human Rights Strategy • EU-Ukraine Association agreement

Ukraine

• National Human Rights Action Plan• Further ratification of international HR instruments• Strengthening the legal and institutional framework on gender equality

Moldova

• Lack of Human Rights action Plan or Strategy• Potential ombudsman institute

Belarus

3. Conclusions

3. Conclusions (1)

Big potential scope of applying HRBA in the three countries

Low levels of real understanding of HRBA: most CSOs do not know how to apply the approach

Applying HRBA as a mainstreaming tool (with internal adherence to HRBA principles): has most potential for effective HRBA implementation by CSOs in the region

Underlying social norms hamper a full integration of HRBA principles into some CSOs and distort the focus of situation analysis of most CSOs

3. Conclusions (2)Ukraine• Most favourable legal and administrative conditions for CSOs• Official registration increases public credibility and allows

public dialogue• Increase in unregistered CSOs and low CSO citizenship

membership have had negative impacts on human resources and funding stability

• Negative impact of current political and military situation on capacity building of RH Moldova

• Cooperative public authorities • CSOs active in identifying socio-economic problems but

indolence to look beyond their accustomed approach of problem identification towards a HRBA

• Majority of CSOs lack either knowledge or skills to apply HRBA techniques to identifying the rights violations, rights holders, duty bearers and capacity gaps during project design

• High dependency on foreign funding

3. Conclusions (2)

Belarus• Least favourable legal and administrative conditions for CSOs:

restrictions on their registration, limitations to their funding and in extreme cases prohibition of their activities up to criminal prosecution

• Tabooing of human rights terminology in public• Mistrust between public authorities and civil society:

impacting duty bearer capacity building• Mistrust within civil society: reduces the likelihood of

sharing of knowledge & experiences between CSOs• Still potential for the HRBA to be applied

4. Recommendations for CSOs

4. Recommendations for CSOs

1. Share information and own experiences about the added value of HRBA application by CSOs in Belarus, Moldova and

Ukraine

2. Verify own level of HRBA understanding, including its

practical application, through peer support and tailored

guidance

3. When identifying a problem, take a critical look

at all actors in society, including at the inside of your

organisation

4. Make full use of existing policy opportunities and

HRBA techniques

4.1. Ukraine recommendations

CSOs focused on fighting information war: raise the awareness of rights violations that may result from fake news

Engage rights-holders and collaborate with other CSOs in the preparation of a Shadow Report for the upcoming UPR session

Actively use the Coordination Council of Civil Society Development

Use the regional civil society development programmes 2017-2020 as tool for strengthening internal CSO capacities

Engage in the monitoring of the National Human Rights Strategy implementation (local and central level)

Make efforts to increase membership and member participation

4.2. Moldova recommendations

Raise awareness among duty-bearers and rights-holders about the findings and recommendations of the UPR 2016

Raise awareness of the new Action Plan (once approved) among the general public (i.e. capacity building of rights holders) and support public authorities and other duty bearers in its implementation

Actively participate in the elaboration of the new Human Rights Action Plan

Diversify funding by exploring additional opportunities

4.3. Belarus recommendations

continue raising awareness among duty-bearers and rights-holders about the findings and recommendations of the UPR 2015

As far as possible, try to position themselves as a partner that aims to help public authorities to better do their job

Continue advocating for creating an ombudsman institute which would allow rights-holders to claim their rights and for CSOs to empower them to do so

Use the information presented in the Human Rights and Business Country Guide for Belarus, to empower rights-holders and build the capacities of duty bearers

Increase collaboration between CSOs from different spheres to share experiences on HRBA implementation, its challenges and possible ways to overcome them

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