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

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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?

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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