Human Rights in the context of UN Reform Session 1 Action 2 Learning Human Rights Together
At your table discuss and identify: What has been the UN’s response to the legitimate expectations of the rights-holders? 2 cards per Table! Group exercise!
UN Charter UDHR Cold War Development Human Rights Peace & Security humanitarian action Vienna Beijing Copenhagen Cairo UN Reform Agenda 1997/2005
1993 UN World Conference on Human Rights, Vienna Post of UN High Commissioner for Human Rights created (GA Res. 48/141) 1997 SG Reform Programme-human rights are inherent to the promotion of peace, security, economic prosperity and social equity 2000 Millennium Summit/Declaration 2002 SG Agenda for Further Change- human rights are a bedrock requirement for development 2005 SG reform report “In larger Freedom” World Summit Outcome Document- support the further mainstreaming of human rights throughout the UN System 2006 HLPR System-wide coherence Milestones of the UN Reform
“ Even if he can vote to choose his rulers, a young man with AIDS who cannot read or write and lives on the brink of starvation is not truly free. Equally, even if she earns enough to live, a woman who lives in the shadow of daily violence and has no say in how her country is run is not truly free. Larger freedom implies that men and women everywhere have the right to be governed by their own consent, under law, in a society where all individuals can, without discrimination or retribution, speak, worship and associate freely. They must also be free from want- so that the death sentences of extreme poverty and infectious disease are lifted from their lives- and free from fear- so that their lives and livelihoods are not ripped apart by violence and war” Reform report “In Larger Freedom”, 2005 Substantive Linkages
The linkages between… Human Development… Is the process of enhancing people’s capabilities to expand choices and opportunities so that each person can lead a life of respect and valuefreedom and dignity need the legal guarantees of human rights to avoid being threatened …and Human rights… All people have claims to social arrangements that protect them from the worst abuses and deprivations-and that secure the freedom for a life of dignityThe realization of human rights requires capacities that development can make possible
The Linkages Between… Gender MainstreamingAssesses the implications for both women and men of any planned action, and makes both women and men’s concern integral to all phases of the programming processUltimate goal is gender equality and Women’s Human Rights- legal demand for non-discrimination- CEDAW is one of the core international human rights treaties- Women’s human rights are central to the application of a HRBA- Ultimate goal is to achieve gender equality, and realise all human rights equally for all women and men.
The Linkages Between… Humanitarian LawApplies in situations of international or non-international armed conflictIt has as its purpose to limit the effects of war on people and objects …and Human Rights…Applies in any situation including of armed conflictboth aim to safeguard human dignity in all circumstances
Violent conflict prevents the realization of human rights Non realization of human rights may lead to violent conflict Violations of human rights often represent manifestations of conflict emergence or escalation There is a reciprocal relationship between human rights and conflict prevention. Violations of human rights are a root cause of conflict; they are also a common consequence of it. UN SG Progress Report on the Prevention of Armed Conflict (2006) Human Rights and Violent Conflict
Similarities: Common objectives Both provide tools for accountability Progressively realized Similar guiding principles Gender equality is integral to both human rights and the MDGs Programming complementarities: Identify for each MDG the interrelated human rights and the steps to be taken to realize those rights in national context Human rights standards add quality to MDGs numeric targets human rights adds quality to the process for achieving MDGs Human rights help reduce disparities in human development Human Rights and MDGsReciprocal relationship
Agency level: HR are Integrated in the mandates and policies of UN agencies, funds, programmes and specialized agencies Inter-agency level: UN Common Understanding on HRBA to Development Action 2 Plan of Action (UNDG, ECHA and OHCHR) Increasing number of UNCTs have adopted the HRBA Revised CCA/UNDAF Guidelines UN Agency and Interagency Commitments to Human Rights
The normative value The political environment Substantive linkages The institutional response Conclusion
International, Regional and National Human Rights Systems Session 2 Action 2 Learning Human Rights Together
What are Human Rights? …Universal legal guarantees;...civil, political, economic, social and cultural;…protect human values (freedom, equality, dignity)…inherent to individuals and, to some extent, groups;…reflected in international norms and standards;…legally binding on States.
Human Rights Obligations Duty-bearer’s obligation to Respect Protect Fulfill refrain from interfering with the enjoyment of the right prevent others from interfering with the enjoyment of a right adopt appropriate measures towards full realization of the right
Human Rights Systems ICCPR ICESCR CERD CEDAW UN Charter UDHR HRC CRC CAT Other International Instruments CMW Regional Regimes
The rights in all international human rights treaties belong equally to women and men, without discrimination. CEDAW requires comprehensive measures to eliminate discrimination against women in all areas of their lives. More than 90% of UN Member States are parties to CEDAW Standards are found in: CEDAW ICCPR & ICESCR Other International Treaties, e.g. CRC Regional treaties – e.g. African Charter’s Protocol on Women’s Rights” Women’s Human Rights
International Humanitarian Law… The Four Geneva Conventions 1) on the care of the wounded and sick members of armed forces in the field 2) on the care of the wounded, sick and shipwrecked members of armed forces at sea 3) on the treatment of prisoners of war 4) on the protection of civilian persons in time of war Is a set of rules which seek to limit the effects of armed conflict Protects persons who are not or are no longer taking part in hostilities Restricts the means and methods of warfare
Instruments Europe: European Convention for the Protection of human Rights and fundamental freedoms Americas: American Convention on Human Rights and San Jose pact on Economic, Social and Cultural Rights Africa: African Charter on Human and People’s Rights Arab States: Arab Charter on Human Rights Mechanisms European Court of Human Rights Inter-American Commission of HR Inter-American Court of Human Rights African Commission on Human and People’s Rights African Court on Human and People’s Rights Regional Human Rights Systems
National Human Rights Protection Systems • Constitutional and Legislative frameworks • Effective Institutions (Parliaments, Governments, Judiciary, public administration, HR institutions) • Policies, procedures and processes • Vibrant civil society
Links between international, regional and national systems International and regional norms require national implementation to be effective National norms should be consistent with international and regional Standards International and regional judicial protection when national remedieshave been exhausted International and regional protection is complementary
International Mechanisms:The Role of Treaty Bodies Monitor and facilitate the Implementation of the Treaty through: Exam of State Party reports and additional sources of information observations and recommendations General Comments on HR Standards contained in the treaty Exam of individual complaints (some of them) Confidential inquiries (some of them)
The Human Rights Council What is it ? A subsidiary body of the General Assembly composed of Members States. It replaces the UN Commission on Human Rights What does it do ? *Promotes universal protection *Addresses and prevents violations *Develops international law *Reviews compliance of Member States *Responds to emergencies *International forum for dialogue
International Mechanisms:Special Procedures Countries Belarus – Burundi Cambodia – Cuba DPRK – D.R. Congo Haiti - Liberia Myanmar – OPTs Somalia – Sudan Uzbekistan 28 Thematic, including: Arbitrary Detention – Sale of Children Right to Education - Extreme Poverty Right to Food – Freedom of Opinion Freedom of Religion – IDPs – Migrants Indigenous People – Violence Against Women
Special Procedures: Country Visits Communications, Statements Thematic studies
To sum up: Instrumental Value of International Mechanisms in UN work 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 Country-based observations and recommendation Global Treaty Bodies' General Comments Special procedures’ Thematic studies
…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 …Country Profile, if available Check on…. http://www.ohchr.org/english/countries
The Human Rights Based Approachin the Programming Process Session 3 Action 2 Learning Human Rights Together
The development process is normatively based on international HR standards and principles It recognizes human beings as rights-holders and establishes obligations for duty-bearers. It focuses on discriminated and marginalized groups It aims for the progressive achievement of all human rights It gives equal importance to the outcome and process of development What is a Human Rights Based Approach?
Intrinsic value based on universal values Universal legal standards for a life with dignity Instrumental to development strategies Addresses power inequalities and discrimination Deals with weaknesses in accountability systems Objective framework to manage conflicts and seek redress Institutional reasons (UN comparative advantage) Impartiality to deal with sensitive issues Holistic analysis and integral responses to problems Why a human rights-based approach to development?
The UN Common Understanding on the HRBA GOAL 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 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 PROCESS OUTCOME
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 GOAL • The realization of human rights is the ultimate goal of all development programmes • HRBA influences the identification of UN strategic priorities • Programming is informed by the recommendations of International HR bodies and mechanisms
Programming informed by Human Rights Mechanisms • TBs & SPs Observations: Analysis of development issues from a HR lens • TBs & SPs Recommendations: Are tools for UN programming to address problems identified • TBs general comments: Identifies the precise content of development objectives by clarifying the meaning of rights.
PROCESS 2)Human rights standards and principles guide all development cooperation and programming in all sectors and in all phases of the programming process • Human Rights standards and principles improve the quality of outcomes and processes • Human rights standards delineate the ‘playing field’ in which development takes place • HR principles provide the “playing rules” for the development process.
…The integration of human rights principles and standards into all stages of the programming process… ASSESSMENT & ANALYSIS MONITORING AND EVALUATION PRIORITY SETTING PROGRAMME PLANNING AND DESIGN IMPLEMENTATION
Human Rights Standard The minimum normative content of the right: the type of claims and obligations that the right implies at the minimum in practice • 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
Human Rights Principles • Universality and inalienability • Indivisibility • Interdependence and Inter-relatedness • Equality and non-discrimination • Participation and inclusion • Accountability and rule of law
HRBA Requires Higher Cultural Sensitivity Understanding beliefs and values facilitates the implementation of the HRBA Cultural sensitivity allows for higher degrees of programmaticownership by communities However, cultural claims cannot be invoked to justify human rights violations Some cultural practices can be human rights claims CEDAW requires the modification of cultural patterns and customary practices where they contribute to gender inequality
OUTCOME 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 • Focus on relation individuals-State (claims-obligations) • Shifting development from service delivery as primary focus to building capacity to claim and fulfil human rights • States require capacity to strengthen national protection systems and comply with their obligations
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 Rights-holder and Duty-bearers
The HRBA in UN Programming CCA UNDAF CPs M&E Analysis of Development challenges UNDAF Outcomes CP outcomes M&E Systems Empowered rights-holders and accountable duty-bearers contribute to the realization of human rights Strengthened capacity of rights-holders and duty-bearers Establish mechanisms for participation of rights-holders & duty bearers in the monitoring of the programme Establishes causal connections of rights Identifies patterns of discrimination, inequality, and exclusion Identifies the capacity gaps of rights-holders and duty-bearers
Practicing the HRBAGroup Work Instructions Session 4 Action 2 Learning Human Rights Together
Implications for National HR Protection Systems Public Policies and programmes should have: Disaggregated data to identify difficult cases of exclusion and marginalization Specific strategies in response to this caseload Eg. Polio vaccination campaigns Principles of Universality & Inalienability HR principle of Universality requires: That no one is left out or excluded from human rights
Implications for National Protection Systems Legal frameworks: Should not privilege the protection of certain rights to the detriment of others Public Policies should: Be based on holistic analysis of development problems and provide integral and multi-sectoral responses State institutions: Ensure inter-institutional and multi-sectoral coordination Include those institutions in charge of protection, monitoring and accountability Principles of Indivisibility & Inter-relatedness HR principles of inter-relatedness and indivisibility requires: Equal recognition and protection of rights
Implications for National Protection Systems: Legal frameworks should: Derogate discriminatory legislation Be conducive to the enjoyment of human rights by all Public institutions should ensure: Representation of marginalized or excluded groups in the public administration and in decision making bodies Public services accessible and sensitive to gender, age and cultural differences Appropriate judicial and administrative redress mechanisms Public policies should: Challenge models of appropriation and concentration of resources leading to structural discrimination and exclusion Take affirmative steps to reduce social and economic disparities Promote education and public awareness Principles of Equality & Non-Discrimination Equality and Non-discrimination obliges states to: Eradicate Legal, institutional, interpersonal and structural discrimination
Implications for National Protection Systems Policies, processes and procedures should provide: opportunities for participation in planning and development Access to relevant information Capacities to marginalized groups to formulate proposals Institutional mechanisms should: Be based on democratic principles Not disempower existing democratic or traditional structures Civil society should: Be active, independent and with capacities Represent the voice of marginalized and excluded groups Have control over decision making processes Principle of Participation HR principles of Participation requires: FREE, ACTIVE, MEANINGFUL and INCLUSIVE PARTICIPATION
Implications for Human Rights Protection Systems State institutions should: Be provided with sufficient resources, responsibilities and independent authority to effectively monitor the Government Eg. Independent human rights parliamentary bodies, National Human Rights Institutions, judges, courts and legal counsel State to cooperate with international Human Rights Systems: Complying timely with international reporting obligations Inviting Special procedures and providing information Implementing the TB and SP recommendations Principle of Accountability Principle of Accountability requires: States and other duty bearers to be answerable for the observance of human rights