Human Rights and Human Rights-Based Approach to Country Analysis

1. 1 Human Rights andHuman Rights-Based Approach to Country Analysis

2. 2 Session Objectives • Key concepts of HRBA and how it supports country analysis • Using information from the UN human rights system • Country analysis: the 3 step approach • Causal analysis • Role analysis • Capacity Gap analysis • Some feedback and Q&A • Group Work

3. 3 Mandatory Steps 1. Road Map 3. Strategic Planning

4. Options for country analysis Whatever the option is: HRBA, as the other programming principles, provides criteria to ensure a high quality analysis; A strong country analysis is more likely to lead to a strong UNDAF and ultimately strong agency programming. (UNDG) 4 Country analysis • Participation in • government-led • analytical work • Complementary • analysis • 3. CCA

5. 5 HRBA in UN Programming Processes • HRBA and its link to RBM helps to strengthen ‘normative’ role of the UN and ‘operational’ linkages; 2. Increase coherence at country level: HR, as a common UN framework brings together UN agencies under a common objective: to improve the dignity of human beings; 3. Increasing UN’s effectiveness, impact and added value: HRBA can help to deepen the analysis and programming process.

6. 6 “No shift in the way we think or act can be more critical than this: we must put people at the centre of everything we do.” Millennium Report

7. 7 Key elements of HRBA • Recognizes that structural power inequalities exist within society and uses the human rights framework to empower people to claim their rights and hold duty-bearers accountable. • It requires the active and meaningful participation of rights-holders throughout the development process; • It promotes the principle of non-discrimination with particular attention to the situation of vulnerable and disadvantaged groups within society;

8. 8 Rights-holder and Duty-bearers 2 Country Analysis 1. Road Map Right-holders: 6,652,595,567 persons • Every individual, either a man woman or child, of any race, ethnic group or social condition • To some extentgroups Duty-bearers: Much less • Primarily States • In some cases individuals have specific obligations • Individuals and private entities have generic responsibilities towards the community to respect the rights of others

9. UN Common Understanding on HRBA 9 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 Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process 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 GOAL PROCESS OUTCOME

10. 10 • in programming, the standards guide the… • …Identification of development challenges as human rights issues (Assessment) • …analysis of roles and capacities of rights-holders and duty bearers • …definition of development objectives • …formulation of corresponding benchmarks and indicators The minimum normative content of the right: the type of claims and obligations that the right implies at the minimum in practice Human Rights Standard

11. Human Rights Principles Universality and inalienability Indivisibility Interdependence and Inter-relatedness Equality and non-discrimination Participation and inclusion Accountability and rule of law 11

12. HRBA Basics … the Duty-Bearer/Rights-Holderrelationship 12

13. 13 Human Rights Instruments 2 Country Analysis 1. Road Map OPs ICESCR ICCPR CEDAW CERD UN Charter UDHR CAT CRC DOES NOT NEED TO BE TRANSLATED Other International Instruments (humanitarian, specialized agencies) National Constitutions and Laws CRPD CMW CPED Fundamental Labour Conventions Regional instruments

14. 14 Links between national, regional and international protection systems Global & regional protection are complementary Global & regional norms require national implementation National norms should be consistent with global and regional standards

15. 15 How to use information from the international HR machinery Country-based Concluding Observations of the Treaty Bodies and Recommendations of the UPR and Special Procedures Thematic Treaty Bodies' General Comments Special procedures’ Thematic studies Assessment tool: Identify main development and human rights problems Analytical tool:Help understand underlying and root causes of development problems Programming tool:Identify specific actions Advocacy tool:bring attention to sensitive issues at a legal, policy, budget or practice level

16. 16 Example: General Comment 13 the right to education: While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features: • Availability refers, e.g., to quantity of schools and their equipment, including teachers and their salaries etc.; • Accessibility has at least three aspects: non-discriminatory access, physical and economic accessibility; • Acceptability means that education needs to be relevant, culturally acceptable and of good quality; • Adaptability means that education has to be responsive to social change and to diverse cultures;

17. 17 Right to social security- General Comment No. 19 • Availability – social security system • Social risks and contingencies (health care, sickness, old age, unemployment, employment injury, family and child support, maternity, disability, and survivors and orphans) • Adequacy • Accessibility (coverage, eligibility, affordability, participation and information, and physical access)

18. 18 Example: Right to Food • Availability • Accessibility • Adequacy States Parties’ obligations • Obligation to respect • Obligation to protect • Obligation to fulfill

19. 19 UPR Follow up • Recommendations on Lao from international HR mechanisms • Holistic approach to following upon the recs of international human rights mechanisms, including TBs, SP, UPR and the HC.

20. 20 Universal HR index • www.universalhumanrightsindex.org Based on the observations and recommendations of treaty bodies, special procedures. Through this index, one can access to the recs. of international human rights mechanisms by country, by right and by body.

21. 21 Country Analysis 2 Country Analysis 1. Road Map GATHERING INFORMATION About development problems from existing sources, esp. national treaty reports and observations and recommendations from treaty bodies ASSESSMENT Shortlist major development problems for deeper analysis ANALYSIS Of root causes & their linkages

22. 22 Detailed Steps 2 Country Analysis 1. Road Map 1. CAUSAL ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS

23. 23 Analysis in 3 steps (Step 1) 2 Country Analysis 1. Road Map 1. WHY?Causal analysis Which rights are implicated that explain why development challenges are not fulfilled? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? and What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

24. 24 Step 1: Causal Analysis 2 Country Analysis 1. Road Map What is it? • 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

25. by three conditions 25 Why a causal analysis? Step 1: Causal Analysis 2 Country Analysis 1. Road Map If a problem is caused

26. must be addressed 26 Why a causal analysis? Step 1: Causal Analysis 2 Country Analysis 1. Road Map All three conditions

27. Immediate causes “Direct influences” Underlying causes “Services, Access, Policies, Resource allocation, Practices” Basic /Root/structural causes “Culture, Social Norms, Resources” Causal analysis: “why?” 2 Country Analysis Development challenge/Rights not fulfilled Effects Causes 74

28. As a general rule: 2 Country Analysis • Immediate causes determine the current status of the problem. For example, poor school enrolment rates for girls may be caused by school fees, distance to school, domestic chores, early marriage, etc.). • Underlying causes refer to services, legal and policy frameworks and practices, e.g. discriminatory laws, education policies favor the better off, poor organization of the civil service, as well as allocation of resources to that specific sector (e.g. insufficient allocation because education not seen as valuable) • They may reveal related complex issues and require interventions that take significant time in obtaining results (at least 5 years). • Root causes may include gender values, ethnically based discrimination, conflict, poverty etc

29. Country Analysis - Example 2 Country Analysis

30. 30 Problem Tree 2 Country Analysis 1. Road Map Manifestations High incidence of maternal mortality among rural women from southern districts effect Immediate causes Inadequate obstetric care services at the community level Early pregnancies Underlying causes Contraceptive methods seen as promoting Women infidelity Little awareness of sexual and reproductive rights Insufficient public service accountability and private sector regulation Poor planning and implementation capacity and little priority to maternal health In the national budget Root causes Gender discrimination Lack of sensitivity in the civil service culture cause

31. Immediate Causes Underlying Causes Root Causes 31 2 Country Analysis 1. Road Map Problem 1: HIV/AIDS Problem 2: Girl’s Education Core Problem Area Gender Discrimination

32. 32 Group Instructions: Causal analysis/problem tree 2 Country Analysis 1. Road Map For the purposes of the exercise, using your knowledge of the country situation… • Identify one development challenge or problem manifestation in your country • Discuss and identify the immediate, underlying and root causes • Build a problem tree • Also use the problem tree to identify the human rights that are implicated

33. 33 Analysis in 3 steps (Step 2) 2 Country Analysis 1. Road Map 1. WHY?Causal analysis Which rights are implicated that explain why development challenges are not fulfilled? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? and What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

34. 34 Step 2: Role Pattern Analysis 2 Country Analysis 1. Road Map Check what the human right standards say about their claims and 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 rights-holders & duty bearers in national laws, procedures and policies RHs have more than one right and DBs have multiple roles to fulfill

35. Step 2: Role Pattern Analysis 2 Country Analysis • - Identifies those whose rights are being affected (rights holders) and those who are responsible for ensuring the realisation of those rights (duty bearers) • - Allows to define the valid claims of rights holders and the corresponding obligations of duty bearers. • Allows to understand the complex web of relations between rights holders and duty bearers at different levels of analysis • -Can help prioritise if it is kept ‘focused and flexible’ (Vietnam, UNCT)

36. Step 2: Role Pattern Analysis 2 Country Analysis

37. Step 2: Role Pattern Analysis 2 Country Analysis

38. 38 Analysis in 3 steps (Step 3) 2 Country Analysis 1. Road Map 1. WHY?Causal analysis Which rights are implicated that explain why development challenges are not fulfilled? 2. WHO? Who are the duty-bearers? Role-pattern analysis Who are the rights-holders? Who has to do something about it? 3. WHAT? What capacity gaps are preventing Capacity gaps analysis duty bearers from fulfilling their duties? and What capacity gaps are preventing rights-holders from claiming their rights? What do they need to take action?

39. 39 Step 3: Capacity Gap Analysis 2 Country Analysis 1. Road Map

40. Duty Bearers capacity elements: Can? Knowledge Resources (human, technical and financial) Organizational abilities Want? Responsibility/motivation /leadership Should? - Authority Rights-holders capacity elements: Can? - Knowledge - resources - individual abilities -Capacities to organise and participate Want? - Security - Motivation Enabling environment - right to participate - Information - freedom of association and expression 40 Step 3: Capacity Gap Analysis 2 Country Analysis

41. 41 Step 3: Capacity Gap Analysis 2 Country Analysis

42. 42 42 Step 3: Capacity Gap Analysis 2 Country Analysis

43. 43 Group Discussion • How is your team going to apply HRBA principles and tools (Step-by-Step) in your own country analysis? 1) data/info collection 2) assessment 3) analysis