Human Rights-Based Approach in the Programming Process

1. Human Rights-Based Approach in the Programming Process

2. Session objectives Understand whata human rights-based approach to programming is Understand the importanceand added value of HRBA to development programming Understand the main questions the 3-step analysis helps to answer

3. What are human rights? 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

4. Human rights instruments ICCPR ICESCR OPs CERD CEDAW CRC CAT UN Charter UDHR National Constitutions and Laws Other International Instruments (humanitarian, specialized agencies) CRPD CMW CPED Fundamental Labour Conventions Regional instruments

5. Main Functions

6. UN Common Understanding on HRBA GOAL • All programmes of development co-operation, policies and technical assistance should further the realization of human rightsas laid down in the UDHR and other international human rights instruments Human rights standards and principles guide all development cooperation and programming in all sectorsand in all phasesof the programming process • Development cooperation contributes to the development of the capacitiesof ‘duty-bearers’ to meet their obligations and/or of ‘rights-holders’ to claim their rights PROCESS OUTCOME

7. Duty bearers Enabled to respect, protect and fulfill rights Accountability Participation Further the realization of Human Rights for all (equality and non-discrimination) Fulfils responsibility towards Claims right from Rights holders Enabled to hold duty bearer to account

8. “Needs Based” Action is voluntary/optional ‘Needs’ are contextual and open-ended The beneficiaries deserve help The beneficiaries can be passive or can be invited to participate Adopts a pragmatic ways to work with existing power structures Development is mainly technocratic (for the experts) There is a hierarchy of needs “Human Rights Based” Action is mandatory Universal and legally established claims and entitlements The beneficiaries are entitled to enforceable rights The beneficiaries are active participants by right Assumes that power structures can be effectively changed Development transforms behaviours, institutions and empowersrights holders Rights are indivisible and interdependent though in any situation practical prioritisation may be required Needs-based vs. HR-based approach

9. A HRBA helps the UN and partners to answer 4 critical questions: Why?Which rights are at stake? Who has to do something about it? Who has been left behind? What do they need, to take action? Process and outcome are equally important 4 Critical questions

10. Country Analysis GATHERING INFORMATION About development problems from existing sources, incl. national treaty reports and observations and recommendations from treaty bodies ASSESSMENT Shortlist major development problems for deeper analysis ANALYSIS Of root causes & their HR linkages

11. Human Rights-based analysis WHY 1. Causal analysis is there a problem? Which rights are being violated? WHO are the duty-bearers? 2. Role-pattern analysis What are their ideal and actual roles? Who are the rights holders? WHAT capacities do duty-bearers 3. Capacity gaps analysis have and/or need to fulfill their duties? What capacities do rights-holders have and/or need to claim their rights?

12. Assessment Causality Analysis 1 Why? Which rights are at stake? Analysis – in three steps Role Analysis 2 Who’s rights are implicated? Who has to do something about it? Capacity Gap Analysis 3 What do they need to take action?

13. What is it? The essential first step for HRBA and RBM A technique for identifying causesof 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 Step 1: Causality Analysis

14. CAUSALITY ANALYSIS To unpack the causesof a Problem Problem Immediate Causes Underlyingcauses Root Causes

15. Problem Tree Problem effect High incidence of child malnutrition in rural areas Immediate causes Inadequate dietary intake Disease Underlying causes Insufficient food security Inadequate Maternal & Child Care Insufficient health services & unhealthy environment Resource Control + Organizational structures Root causes Political, Ideological, Economic structures cause

16. Assessment Causality Analysis 1 Why? Which rights are at stake? HRBA to Analysis in three steps Role Analysis 2 Who’s rights are implicated? Who has to do something about it? Capacity Gap Analysis 3 What do they need to take action?

17. Step 2: Role Analysis Check what the human rights standards say about RHs claims and DBs duties • Rights holders • Who are they? • What are their claims? • Duty bearers • Who are they? • What are their duties? Check also what role is expected from duty bearers to respect, protect and fulfil rights

18. Group Work - at you table:1. Choose one country and one human right that is not being fulfilled in that country 2. Discuss and fill the matrix below3. Choose one rapporteur to report to the plenary

19. Assessment Causality analysis 1 Why? Which rights are at stake? HRBA to analysis in three steps Role analysis 2 Who’s rights are implicated? Who has to do something about it? Capacity gap analysis 3 What do they need to take action?

20. Duty Bearers capacity elements: Can? - Knowledge Resources (human, technical and financial) Organizational challenges Want? Responsibility/motivation /leadership Must? - Authority Rights-holders capacity elements: Can? - Knowledge - resources - individual abilities Want? - Security - motivation Enabling environment? - right to participate - Information - freedom of association and expression Step 3: Capacity Gap Analysis

21. Analysis of duty-bearers’ capacity gaps

22. Analysis of rights-holders’ capacity gaps

23. A HRBA helps the UN and partners to answer 4 critical questions: Why?Which rights are at stake? Whohas to do something about it? Who’s rights are implicated?  What do they need, to take action? Process and outcome are equally important HRBA in the programming process:4 Critical questions

24. Value Added! HRBA Human Rights Development RBM Cycle CA 1. Causal Analysis UNDAF Universal Periodic Review Principles ANALYSIS Results Matrix 2. Role/ PatternAnalysis PLANNING Standards M&E Framework 3. Capacity Gap Analysis Reports and Recommendations MANAGEMENT Better choices!

25. Thank you!!