Rights-Based Approach to Development

1. Rights-Based Approach to Development Trilochan Pokharel & Anil Gupta, NASC

2. Presentation Outline • Policy Discourse • Principles and Concept of RBA • Application of RBA • Issues about RBA • Conclusion NASC, 2015

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7. Policy Discourse NASC, 2015

8. Contd… NASC, 2015

9. Generations of human rights • First generation rights - civil and political (CP) rights (the right to a trial, not to be tortured), • Second generation rights - economic, social and cultural (ESC) rights (the right to food, housing, a job) • Third generation rights – environmental security, development • Fourth generation –??? NASC, 2015

10. Who is right-holder? A rights-holder, • is entitled to rights • is entitled to claim rights • is entitled to hold the duty-bearer accountable • has a responsibility to respect the rights of others NASC, 2015

11. Concept of RBA and Guiding Principles NASC, 2015

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13. Concept of RBA • Recognizing people’s needs as rights (i.e. not only do people have a need for clean drinking water but they also have a right to it). • It shifts focus of development from servicing needs to building capacity of individuals and communities to understand, claim and fulfill their rights. • It is conscious and systematic integration of rights and principles into development work. NASC, 2015

14. Contd... • It emphasizes and deepens participation. • It empowers marginalized communities. • It encourages local ownership of development programmes. • It leads to greater accountability from all actors at all levels. • It provides tools for dialogue and engagement with duty-bearers. NASC, 2015

15. Guiding Principles of RBA • Universality and inalienability • Indivisibility • Interdependence and interrelatedness • Equality and non-discrimination • Participation and inclusion • Accountability and the rule of law NASC, 2015

16. Why RBA to development? • Normative reasons • RBA puts values and politics at the centre of development • A vision of what ought to be • Programme reasons • A means to ensure accountability including non-state actors • Rights imply duties and duties demand accountability • Ethical reasons • Exposes power relationships in society • Sharpens the political edge of participation NASC, 2015

17. What can we do with RBA? • RBA to development sets the achievement of human rights as an objective of development. • It uses thinking about human rights as the scaffolding of development policy. • It invokes the international apparatus of human rights accountability in support of development action. NASC, 2015

18. Essential Human Rights to Development Human rights necessary for survival and dignified living include: • The rights to life and liberty • The right to a standard of living adequate for health and wellbeing of the individual and his/her family • The right to social protection in times of need • The right to the highest attainable standard of physical and mental health • The right to work and to just and favourable conditions of work • The rights to food, and housing • The rights to privacy and to family life NASC, 2015

19. Contd... Human rights also cover those rights and freedoms necessary for human dignity, creativity and intellectual and spiritual development, for example: • The right to education and to access to information • Freedoms of religion, opinion, speech, and expression • Freedom of association • The right to participate in the political process • The right to participate in cultural life NASC, 2015

20. Contd... They also include those rights necessary for liberty and physical security, for example: • Freedom from slavery or servitude • The right to security of person (physical integrity) • The right to be free from arbitrary arrest or imprisonment • Freedom from torture and from cruel, inhuman or degrading treatment or punishment. NASC, 2015

21. Contd... Cross-cutting are the twin principles of the equal rights of women and men, and the prohibition of discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. NASC, 2015

22. Application of RBA NASC, 2015

23. Human Rights Dimensions NASC, 2015

24. Human Rights Dimensions NASC, 2015

25. A process example… NASC, 2015

26. Some questions with human face! • Are human rights relevant to your work? RBA to development planning is about safeguarding basic rights both during planning and implementation and should be a guide in programme design and resource allocation at all levels. NASC, 2015

27. Contd… • Is there human face visible in your planning? • Pro-people planning • Participation • Voice • Has your plan ensured quality growth? • Participation • Pro-poor growth • Reducing inequality • Sustainable growth NASC, 2015

28. Focus Area… • Most Vulnerable • Root Causes • Rights-holders and duty bearers • Empowerment NASC, 2015

29. RBA – a crosscutting issue NASC, 2015

30. Process of RBA NASC, 2015

31. Process NASC, 2015

32. Mainstreaming rights into development • Change the view of development (e.g. poverty) • View development as question • Form, mobilize and empower peoples organizations • Ensure equal access, control and ownership over public resources • Mobilize public resources in a sustained and proper way • Regarding service receivers as the strength NASC, 2015

33. Issues related to RBA • Hierarchy of rights • Balancing individual and collective rights (and responsibilities) • Progressive realization- resource constraints • Role of international and non-state duty bearers • Measuring accountability • Legal status of accountability • Planning process- bottom-up vs top down • Policy analysis – macro vs micro NASC, 2015

34. What determine application of RBA • Ability factors – governance, society and international systems • Willingness factors – commitment, confidence, values • Instrumentality factors – moral, legal and techno-managerial instruments • Environmental factors NASC, 2015

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36. Conclusion • Owners of resources are the people • Poor, women, Dalits, victimized and the ethnic minorities must get equal opportunity • An environment where people can get education, health services, social security and freedom to participate in politics must be made • Participation must be broad and meaningful NASC, 2015

37. Contd... • Active participation of the targeted people is a must in the decision making process of every development activities • Access to resource and control over it must be vested upon the poor and the voiceless people • Enhance self reliance and help each other to solve common problems • Establish basic needs as basic rights • Outcomes and processes NASC, 2015

38. Suggested readings • McInerney Lankford, Siobhan & Sano, Hans-Otto, 2010, Human Rights Indicators in Development: An Introduction, Washington DC: The World Bank. • Boesen, J. K., & Martin, T., 2007, Applying A Rights-Based Approach: An International Guide for Civil Soceity, Copenhagen: The Danish Institute for Human Rights. • National Planning Commission, 2011, Three Year Plan 2010/11-2012/13, Kathmandu: National Planning Commission. • UNDP, 2006, Applying A Human Rights-Based Approach to Development Cooperation and Programming, New York: UNDP. NASC, 2015