Applying a HRBA to development programming
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Applying a HRBA to development programming :. Lessons from UNDP Asia Pacific Rights and Justice Initiative (AP-A2J). Presentation Overview. Background : UNDP Asia Pacific Rights and Justice Initiative (AP-A2J) Some clarifications on a HRBA Rationale for applying a HRBA in AP-A2J

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Applying a HRBA to development programming:

Lessons from UNDP Asia Pacific Rights and Justice Initiative (AP-A2J)


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Presentation Overview

  • Background: UNDP Asia Pacific Rights and Justice Initiative (AP-A2J)

  • Some clarifications on a HRBA

  • Rationalefor applying a HRBA in AP-A2J

  • “Substantive” and “Process” value of applying a HRBA to justice programming

  • Lessons learned


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Background: Asia Pacific Rights and Justice Initiative (AP-A2J)

KNOWLEDGEPROBLEM

KNOWLEDGESTRATEGY

INTENDED OUTCOME

Growing recognition of justice sector as key for peace and development, but insufficient impact of existing programmes on MDGs and poverty eradication

Development of regional “community of practitioners” on access to justice

Strengthened UNDP’s niche, knowledge and capacities on justice for MDGs and poverty eradication

  • Bottom-up process

  • Use of a HRBA


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PRACTITIONERS’ GUIDE to entry points– (AP-A2J)

and other programming tools

Extraction of case studies/lessons learnt

A2J PRIMER –

Concise introduction

Network of practitioners

Outsourced research

KNOWLEDGE MAP

– Research tool

Participatory assessments

WEBPAGE -

Home base

Workshop with external partners

COMMUNITY OF

PRACTITIONERS

Background: Asia Pacific Rights and Justice Initiative (AP-A2J)

PRODUCTS

PROCESS

V W

I O

S R

I K

O S

N H

I O

N P

G

CREDENTIALS- Communication Tool

SURF Facilitation

  • Facilitation of network

  • Backstopping of activities

  • Desk research

  • External and internal communication

  • Coordination of toolkit production)


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Some clarifications on a HRBA (AP-A2J)

  • Human Rights vs. Human Development

  • HRBA vs. Human Rights

  • HRBA builds on Human Development and Capacity Development

Human Rights-based approach (HRBA):A framework for the process of human development that is normatively based on, and operationally directed to, the development of capacities for the realisation of human rights


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Rationale for the use of a HRBA in AP-A2J (AP-A2J)

NORMATIVEUN Charter 1945

UN Reform 1997, 2002

1998 UNDP Policy

Millennium Declaration 2000

INSTRUMENTALShift towards development effectiveness

Development Effectiveness: “processes that produce results, especially results that are pro-poor and promote equity” (UNDP DER, 2003)


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Why a HRBA? (AP-A2J)Dealing with increasing inequalities

Persistence of poverty, insufficient progress towards MDGs

Growing inequalities

Elite capture

Increase in violent conflict

Need for EQUITY

Universal NORMATIVE guidance for development processes and results

  • Accountability

  • Non-discrimination

AP-A2J: “When fairness only reaches some, justice is absent”



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Putting disadvantaged people at the centre (AP-A2J)

Prior to applying a HRBA:

When applying a HRBA:

Poverty reduction and other MDGs

Poverty reduction and other MDGs

Economic growth

DISADVANTAGED PEOPLE

MARKET

Access to justice: helps people to protect themselves against abuses from those with more power, hold political leaders accountable, and resolve conflicts that are individual or collective without restoring to violence

Rule of Law: Reduces political risks to investors and cuts down transaction costs, promoting businesses and investments and therefore alleviating poverty


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Definition of “Access to Justice (AP-A2J)”

  • Identifies justice with remedies, not simply with services

  • Distinguishes supply and demand side of justice (different capacities but both needed)

  • Explicit about the quality of justice (respectful of human rights)

  • Recognizes both formal and traditional justice mechanisms

HRBA’s ADDED VALUE


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Normative Protection (AP-A2J)

(International Law, Constitution, Laws &

Regulations, Customary Law, Jurisprudence)

A2J SUBSTANTIVE MODEL

  • Legal Empowerment

  • (Demand for remedies)

  • Legal awareness

  • Legal aid and counsel

  • Other empowerment-related

  • capacities (etc. security,

  • financial risk)

Scope of analysis

  • Provision of Effective Remedies (Supply of remedies)

  • Adjudication mechanisms (formal and traditional)

  • Enforcement (police, prisons)

  • Civil society oversight

Definition

Access to justice = ability of people to seek and obtain a remedy respectful of basic human rights


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ENFORCEMENT AND CIVIL SOCIETY OVERSIGHT (AP-A2J)

NORMATIVE PROTECTION

GRIEVANCE

LEGAL AWARENESS

ENFORCING

NAMING

WINNING

BLAMING

RISK = 0

CLAIMING

ADJUDICATION

LEGAL AID AND COUNSEL


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NORMATIVE PROTECTION OF RIGHTS (AP-A2J)

LEGAL EMPOWERMENT

CAPACITY TO PROVIDE EFFECTIVE REMEDIES

Legal awareness

Accessible adjudication

By International and Constitutional Law

Judicial System

BANGLADESH

NEPAL

PHILIPPINES

MONGOLIA

INDONESIA

FIJI

IRAN

INDIA

RRRT

FIJI

INDONESIA

NEPAL

IRAN

SRI LANKA

CHINA

MONGOLIA

RRRT

CAMBODIA

IRAN

NEPAL

INDONESIA

PHILIPPINES

FIJI

RRRT

Quasi-judicial bodies

NEPAL

MONGOLIA

INDONESIA

SRI LANKA

BANGLADESH

PHILIPPINES

By legal and regulatory frameworks

Legal counsel

Indigenous/ traditional systems

INDONESIA

CHINA

NEPAL

CAMBODIA

BANGLADESH

VIETNAM

RRRT

BANGLADESH

IRAN

CHINA

INDIA

Enforcement

Police

Prison System

INDIA

RRRT

Other empowerment-related capacities

By Customary Law

Civil Society Oversight

INDIA

SRI LANKA

PHILIPPINES


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NORMATIVE PROTECTION OF RIGHTS (AP-A2J)

LEGAL EMPOWERMENT

CAPACITY TO PROVIDE EFFECTIVE REMEDIES

Legal awareness

Accessible adjudication

By International and Constitutional Law

Judicial System

BANGLADESH

NEPAL

PHILIPPINES

MONGOLIA

INDONESIA

FIJI

IRAN

INDIA

RRRT

FIJI

INDONESIA

NEPAL

IRAN

SRI LANKA

CHINA

MONGOLIA

RRRT

CAMBODIA

IRAN

NEPAL

INDONESIA

PHILIPPINES

FIJI

RRRT

Quasi-judicial bodies

NEPAL

MONGOLIA

INDONESIA

SRI LANKA

BANGLADESH

PHILIPPINES

By legal and regulatory frameworks

Legal counsel

Indigenous/ traditional systems

INDONESIA

CHINA

NEPAL

CAMBODIA

BANGLADESH

VIETNAM

RRRT

BANGLADESH

IRAN

CHINA

INDIA

NEPAL, EAST TIMOR, PHILIPPINES

Enforcement

Police

Prison System

INDIA

RRRT

BANGLADESH

PHILIPPINES

Other empowerment-related capacities

By Customary Law

INDIA

INDONESIA

SRI LANKA

Civil Society Oversight

INDIA

SRI LANKA

PHILIPPINES

PHILIPPINES

INDIA

INDONESIA


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HRBA’s SUBSTANTIVE VALUE in justice programming (AP-A2J)

WHAT TO PROGRAMME?

  • Focus on most disadvantaged groups and their entitlements as human beings

  • Strengthens Human Development and Capacity Development perspectives

  • Brings process of development to the forefront

PARADIGM SHIFT

Change in the ASSUMPTIONS underlying justice programmes, and thus in their SCOPE


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HRBA’s PROCESS VALUE in justice programming (AP-A2J)

HOW TO PROGRAMME?

  • Improves assessment and analysis

  • Actively seeks inclusion of most disadvantaged people

  • Improves accountability systems

  • Expands partnerships and strengthens communication flows

DEVELOPMENT EFFECTIVENESS

“processes that produce results, specially results that are pro-poor and promote equity” (UNDP DER, 2003)


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AP-A2J’S ASSESSMENT AND ANALYSIS: Legal Aid example (AP-A2J)

CAPACITY ANALYSIS

HR STANDARDS

ENTRY POINTS

Immediate causes

Underlying causes

Legal aid is not available

Improving legal education while expanding services (e.g. law clinics)

Strengthening public defense systems

Improving pro-bono lawyering

Expanding paralegal activities

Promoting alternative lawyering and developmental legal aid

Expanding the coverage of “legal aid” to include financial and psycho-social support in the legal process

Doesn’t know the remedy exists and how to access it

ROLE/ PATTERN ANALYSIS

Her entitlement to remedies is not recognized by formal or traditional law

Legal Aid is not affordable

Cannot access skilled assistance to pursue the legal process

Available legal aid is inadequate

Cannot afford physical, social and economic risks involved in demanding justice

Does not have the capacity to claim a recognised remedy

Internal factors: Isolation, Illegality, weak organizational capacities

LACK OF ACCESS TO JUSTICE

Institutions do not have capacity to provide a remedy when sought

Discouraged by institutional and structural obstacles, resulting in lack of confidence that remedies can be reached


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Seeking the inclusion of most disadvantaged people (AP-A2J)

HRBA’s IMPLICATIONS

IMPACT ON AP-A2J STRATEGIES

  • Focus on disadvantaged people (disaggregation during assessment and analysis)

  • “Meaningful” participation – Requires adequate capacities

  • Strengthen/create channels of communication between claim-holders and duty-bearers

  • Expanded partnerships

  • Target groups: urban/rural poor, women, indigenous people and ethnic minorities, migrant and IDPs, people living with HIV/AIDs, people with physical/mental impairment

  • Partnershipswith NGOs/academe

  • Participatory research(India)

  • Guidelines forparticipatory consultationson access to justice


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A HRBA strengthens accountability systems (AP-A2J)

  • Risk management:

  • A HRBA reveals conflictive dimensions in empowering processes and deals with them: Implementation of A2J framework demands:

  • Developing capacities to claim and fulfil simultaneously

  • Assessing impact on focus groups and other disadvantaged groups affected

  • Minimizing risks of claiming rights – cross-cutting implications

  • Providing for mediation

  • Results-orientation:

  • Clear framework of entitlements and obligations for process and results

  • Refined Monitoring and Evaluation (M&E) systems

  • Systematic inclusion of civil society oversight and strengthening of communication flows



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Lessons Learned (1) (AP-A2J)

A HRBA can help to do “better development”, and it is relatively simple to apply in programming, but:

  • A HRBA is still an approach in the making, although increasingly concrete (UN Common Understanding 2003)

  • The impact of a HRBA on poverty eradication remains to be assessed

  • A HRBA does not guarantee the realisation of human rights: Realising human rights requires both willingness and capacity: A HRBA seeks to develop capacities (e.g. UNDP), human rights monitoring to promote willingness (e.g. CCPR, OHCHR).

  • A HRBA requires practitioners’ deeper understanding of (a) impact of inequalities on development, (b) human rights norms and (c) conflict management

  • A HRBA calls for developing practitioners mediation and communication skills, particularly with most disadvantaged groups

  • The implementation of a HRBA demands improving existing tools (e.g. logical frameworks, programming guidelines, indicator systems)


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Lessons Learned (and 2) (AP-A2J)

Full implementation of a HRBA faces important challenges regarding:

  • Sensitivity of human rights and questioning of power relationships

  • Obstacles to active, free and meaningful participation of most disadvantaged groups

  • Financial and time constraints to ensure development results

  • Need to strengthen existing human rights framework


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End of presentation (AP-A2J)

THANK YOU for listening


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