Human Rights Based Approach to Programming. Part 1: International, regional and national human rights protection systems.

Human Rights Based Approach to Programming

Part 1: International, regional and national human rights

protection systems

UN CharterUN CharterUDHRUDHRHRCHRC

ICCPRICCPR ICESCRICESCR

CERD CEDAWCEDAW

CATCATCRC

NationalProtectionSystems

CMW

Other International Instruments

RegionalRegimes

CRPD

Human rights instruments

CCA UNDAF Guidelines

More than 80 per cent of Member States have ratified four or more of the eight core international human rights treaties. When governments ratify treaties, every person within the country is entitled to have those human rights respected, protected and fulfilled. The UNCT supports actions that help Member States to fulfill these obligations and reach these goals.

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 that help define HR Standards contained in the treaty; e.g. right to water, right to education, right to food etc.

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 remedy• Policies and programmes, including awareness raising• Vibrant civil society and free media

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

• Promotes universal protection

• Addresses and prevents violations

• Develops international law

• Reviews compliance of Member States

• Respond to emergencies• International forum for

dialogue

Human Rights Council

Universal Periodic Review

• Review the fulfillment of the human rights obligations of all countries

• All Member States will be reviewed within 4 years (48 States per year)

• Review will be carried out by “peers” (groups of three Member States)

UPR in Arab Stateshttp://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

Country UPR Date

Algeria April, 2008

Egypt February, 2010

Morocco April, 2008

Saudi Arabia February, 2009

Syria

Tunisia April, 2008

Yemen May, 2009

Value of international human rights mechanisms in development work

Advocacy tool: Open opportunities to have dialogues around sensitive issuesAccountability tool: HR bodies provide transparent mechanisms to monitor government effortsAnalytical tool: Help understand underlying and root causes of development problemsProgramming tool: Help identify specific priorities and benchmarks and guide the process (e.g. ‘minimum core standards’, HR principles)

Check on…

…Status of ratification

…Whether a Country’s pledge to the HRC exists

…Recent Treaty Body concluding observations

…Recent State reports to Treaty Bodies

…Recent visits of Special Rapporteurs or statements and communications on the country

…Calendar of upcoming events and SP country visits

http://www.ohchr.org/english/countries

www.ohchr.org

Part 2: Defining the Human Rights Based Approach in

Programming Process

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

FOCUSFOCUS

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, Special Procedures and UPR→ Analysis of development issues from a HR lensRecommendations by Treaty Bodies, Special Procedures and UPR→ 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)

Human rights principles

• Equality and non-discrimination

• Participation and inclusion

• Accountability and the rule of law

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

Development cooperation contributes to the development of the capacities of ‘duty-bearers’ to meet their obligations and/or ‘rights-holders’ to claim their rights

FOCUSFOCUS

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:• Much less• 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

Group WorkAt your tables, identify:

• 1 or 2 opportunities and/or challenges for UN system at country level in using HR instruments/protections systems in the UNDAF process (10 min)

Causality AnalysisCausality Analysis

Strengthened capacity ofrights-holders and duty-bearers

Reveals the causes of major development problems

Identifies patterns ofdiscrimination,inequality, and exclusion

Identifies the capacitygaps of rights-holders and duty-bearers

Rights-holders &accountable duty-bearerscontribute to therealization of human rights

Establish mechanisms for participation ofrights-holders &duty bearers in prog./ project monitoring

HRBA in Programming

Country Analysis

UNDAF Prog/ Project M&E

Country Analysis

GATHERING INFORMATIONAbout development problems from different sources,

including national treaty reports and observations and recommendations from treaty bodies, UPR, etc.

ANALYSISOf root causes &

their linkages

ASSESSMENTShortlist major development problems

for deeper analysis

Detailed StepsDetailed Steps

1. CAUSALITY ANALYSISGetting to root causes

Legal, Institutional, and policy frameworks

2. ROLE/PATTERN ANALYSIS

3. CAPACITY GAP ANALYSIS

Why a causal analysis?

If a problem is caused

by conditionsthree

Why a causal analysis?

If a problem is caused

by conditionsthree

All three conditions

must be addressed

Problem Tree

Malnutrition &death

Inadequate dietaryintake

Disease

Insufficient food security

Inadequate Maternal & Child Care

Insufficient health services& unhealthy environment

Political, Ideological,Economic structures

Resource Control+

Organizational structuresRoot

causesRoot

causes

Underlyingcauses

Underlyingcauses

Immediatecauses

Immediatecauses

ManifestationsManifestations

81

Immediate Causes

Underlying Causes

Root Causes

Problem 1: HIV/AIDS Problem 2: Girl’s Education

Core Problem AreaGender Discrimination

Group Instructions:Group Instructions:Causal analysis/problem tree Causal analysis/problem tree

Using the thematic issue from your groups (Economic Development; Governance; Social Service Delivery), formulate a problem statement (10 min)

Discuss and identify the immediate, underlying and root causes and build a problem tree (30 min)

Outcomes/Rights not fulfilled

Basic /structural causes

“Society, Policies, Resources”

Underlying causes

“Services, Access, Practices”

Immediate causes

“Direct Effect”

Causal analysis: “why?”

Role/Pattern & Capacity Gap Role/Pattern & Capacity Gap AnalysisAnalysis

Role/Pattern & Capacity Gap Role/Pattern & Capacity Gap AnalysisAnalysis

Outcomes/Rights not fulfilled

Who among policy makers?

Who in household or family?

Who within the community?

Who among service providers?

International level?

Role analysis:“who?”

Outcomes/Rights not fulfilled

Unable to organize oneself and take action

Lacking recognition of duty

Little knowledge or informationLimited skills

Meager financial or material resources

Lacking authority or mandate

Capacity analysis, Duty Bearers:“what capacity gaps?”

Group Work: Role Pattern & Capacity Gap Analysis

- Select a chain of causes in your problem tree causality analysis.

- Based on the selected chain, identify one critical DB or RH, and their expected roles (claims and duties) (10 min)

- For the selected Right Holder or Duty Bearer, identify their key capacity gaps (the things that prevent duty bearers from performing their roles and claim holders from claiming their rights) (15 min)

- Write them on flipcharts You have 25 min

Claims CAPACITY GAPS

Rights holder 1

Rights Holder 2

Duties/obligations CAPACITY GAPS

Duty Bearer 1

Duty Bearer 2