The Rights-based Municipal Assessment and Planning Project (RMAP) in Bosnia Herzegovina

1. The Rights-based Municipal Assessment and Planning Project (RMAP) in Bosnia Herzegovina Methodology for Human Rights-based Assessment and Analysis: Framework, Tools, Added Value and Challenges Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

2. What is RMAP? • Joint initiative of OHCHR/UNDP with Ministry for Human Rights and Refugees. • Why it all started? BiH context: lack of data • Ultimate objective = improvement in enjoyment of human rights at local level (see UN Common Understanding point 1) • Pilot project with 2 phases: • Phase 1: Assessment + analysis of 18 municipalities so far from HRB approach • Phase 2: Development planning based on RMAP reports (1st round just finished – 4 municipalities) • Practically: RMAP Project Management team (UNDP), 6 teams in the field (2 for assessment, 4 for planning). OHCHR’s involvement in assessment only. Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

3. Methodological framework for human rights-based assessment and analysis: makes explicit reference to international Human Rights Standards and Principles. Tools: complementary to each other, for each step of A&A. Forthcoming product: Consolidated Tools Package Teams and Training See UN Common Understanding: 2. Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process. Methodology for A&A: overview Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

4. Tools: overview • Human Rights Checklists • Vulnerable Groups List • Civil Society Organisations List • Gender List • The ‘Diokno Tools of Analysis’, summarised in a HRB Analysis Chart and a Brainstorming Grid • HRB Quality Assurance Checklist for reports • (short HR glossary) Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

5. Tools: Human Rights Checklists • 15 checklists, by rights or sectors – public administration, justice, right to work, right to education, to health, to social protection. • Elaborate on main aspects of each right, DB’s obligations and CH entitlements • Reference guide to relevant rights (compilation standards) all along the process • Basis to identify rights affected and develop specific HRB indicators/questions Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

6. Tools: Vulnerable Groups List • Women (incl. female heads of households, victims of domestic violence) • Persons with disabilities • National minorities • Roma • IDPs/returnees/refugees • Children • Elderly • Trafficked Persons • Migrant workers and asylum seekers • Detainees • HIV Positive individuals • Homosexuals • Very poor/homeless Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

7. Tools: 2 rights-based Questions/Indicators Lists • CSOs List • Structure, objectives, mandate • Activities (HR protection and promotion, advocacy, capacity building of CH and DB) • Relationship CSOs and State (freedom of association, participation in public life, partnership with government) • Capacity of CSOs • CSOs and media • Gender List Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

8. 6 major steps for A&A • Step 1: identify problems and human rights affected • Step 2: set priorities • Step 3: identify actors (claim holders, duty bearers, forces at work) • Step 4: Information collection (set HRB indicators and identify sources of information) • Step 5: Analysis • Step 6: Report drafting Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

9. Step 1: Identify problems and human rights affected • Preliminary step: gather baseline information to get a general picture of the situation in the municipality (desk review) • Identify problems: • What are the prevailing problems/issues that have impact on people’s lives and the enjoyment of their rights? • E.g. Specific groups do not have health insurance in Bratunac • Identify human rights affected: • Which right(s) is/are affected or denied? • Identify entitlements and obligations • Assess how the HR are protected in domestic legal framework • E.g. Right to affordable health care Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

10. Step 1 cont… • Note: also identify best practices, where HR are actually protected and promoted! • Main tools: HR Checklists, vulnerable groups list, in conjunction to participatory approaches, in order not to miss out any issue or vulnerable groups. • E.g. Roma Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

11. Step 2: Set priorities • Why is it a problem? • Who is affected by problem and how? • Whose priorities is it? Why? • Which rights and whose rights are affected by the problem? • Who are the most affected among them (attention to vulnerable groups)? • E.g. 4000-8000 people (out of 16000-25000) not insured in Bratunac Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

12. Step 3: Identify Actors • Identify Claim Holders (CH): • Who are CH? • e.g. farmers, returnees, workers • Who are the most vulnerable? • E.g. elderly farmers, who cannot register at unemployment bureau • E.g. older returnees who have more difficult access to information regarding possibilities of registering for health insurance upon place of return • Identify Duty Bearers (DB): • Who (and at which level of authority –municipality/Cantons/entities/State) has the obligation to respect, protect and fulfil the rights identified? • E.g. RS Health Insurance Fund, Tax Office (inspection bodies) • Identify Forces at Work: • Which are the forces affecting problem, CH and/or DB? • E.g. enterprises not paying contributions Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

13. Step 4: Information collection • Set HRB indicators • With reference to HR principles and based on essential elements of relevant rights • E.g. is health care affordable? Are people covered by health insurance? Are there certain services they have to pay even if insured? How much self-employed (e.g. farmers) have to pay for h. insurance? Is that affordable given average bread basket? • Main tools: HR Checklists, 3 indicators/questions lists • Identify / contact sources of information Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

14. Step 5: Analysis • Causal analysis of problems identified • E.g. Unpaid contributions by enterprises to the health fund • E.g. Lack of implementation of monitoring mechanisms • e.g. Lack of information of CH (spec. Returnees/farmers) about their rights to health insurance • Capacity analysis of DB and CH: Swot analysis, incl. vulnerability analysis (CH) B.1. CH analysis – focus trained on ability to: • seek and access information • Organise • Participate in public life • Mobilise resources, a • Advocate • Seek, claim and obtain redress Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

15. Analysis cont. • E.g. returnees/older persons: lack of information • E.g. farmers: financial resources (40KM monthly tax)/ legal requirement (taxpayer/land registration) B.2. DB analysis – “capacity” in terms of: • Authority • Responsibility • Resources • Communication • E.g. lack of human resources in monitoring mechanisms, lack of will to monitor Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

16. Analysis - final • “Gap analysis” • of the existing gap between Int’l standards and the reality (problems identified in domestic legal framework or its implementation, and capacity gaps). • Map out Entitlements and Obligations: • E.g. Everyone is entitled to access to health care services, and this includes valid health insurance • Authorities are obliged to establish an effective system of health protection and ensures the economic accessibility of health for persons currently left out of the health insurance scheme Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

17. Step 6 : Drafting report • Problems and causes • DB, CH and Forces at Work • « Gaps » between int’l standards and reality explained • Obligations, entitlements and responsibilities attributed in accordance to IHRL and dom. legal framework Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

18. Report cont. • Note: Rights to be explained in plain language but explicitly (with exact provision in footnote) • Main tools: HRB Quality Assurance Checklist for reports and HR Checklists Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

19. Added Value • Helps toidentify problems that might be overlooked– e.g. domestic violence • Direct attention to the most vulnerable groups– e.g. Roma or civilian war victims • Capacity-building/empowerment -explaining what the content of specific rights means in plain language: • helps improve the understanding of both CH and DB of what HR are • makes their practical value more apparent – basis for claims • Helps depoliticise problems – e.g. ethnicity of doctors, or the cross in the municipality (freedom of religion) Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

20. Added Value cont… • Accountability: makes arguments more powerful under IHRL and domestic law - reference to HR is not necessarily ‘scary’: • Importance of context: Elements specific to BiH in favour of such approach: a) Human rights aware population and authorities b) National legal and political requirements - ECHR supersedes national law + EU accession • Objective of HRB assessments: development, not judgment – openness of municipalities to cooperate • Set up and clarify performance standards to guide future planning (detailed guidance on minimum obligations of DB) • Results?! Allow for more sound programming… Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

21. Challenges… • Debate on which HRBA to choose and why • Accountability issue • Difficulties in developing amethodologywith direct linkage to international HR standards: • in terms of tools(esp. indicators) • in terms of capacity (both HQ and teams) Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop

22. Challenges - final • IF… (a) a HRB assessment is not a HR assessment and (b) a HRBA to development is bigger than the sum of its parts (HR and development), then:How to integrate a development framework/indicators with a HR framework: • Integrated methodology required – shortfall of RMAP?! E.g. Need for rights-based development indicators… • In light of the above, more interagency cooperation in development of methodology required. Laure-Anne Courdesse, UNOHCHR 01/10/04, BRC Workshop