Human Rights in the context of UN Reform

1
Human Rights in the context of UN Reform
Session 1
Action 2 Learning Human Rights Together
2
The UN and Human Rights
3
Group exercise!

• At your table discuss and identify
• What has been the UNs response to the legitimate
  expectations of the rights-holders?
• 2 cards per Table!

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UN Charter UDHR
Cold War
Development
Human Rights
Peace Security humanitarian action
Vienna Beijing
Copenhagen Cairo
UN Reform Agenda
1997/2005
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Milestones of the UN Reform

• 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

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Substantive Linkages

• 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

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Human Development Is the process of enhancing
peoples capabilities to expand choices and
opportunities so that each person can lead a life
of respect and value freedom and dignity need
the legal guarantees of human rights to avoid
being threatened
The linkages between
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 dignity The realization
of human rights requires capacities that
development can make possible
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Gender MainstreamingAssesses the implications
for both women and men of any planned action, and
makes both women and mens concern integral to
all phases of the programming processUltimate
goal is gender equality
The Linkages Between
and Womens Human Rights- legal demand for
non-discrimination- CEDAW is one of the core
international human rights treaties- Womens
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.
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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
The Linkages Between
and Human RightsApplies in any situation
including of armed conflictboth aim to
safeguard human dignity in all circumstances
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Human Rights and Violent Conflict

• 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)

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Human Rights and MDGsReciprocal relationship

• 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

12
UN Agency and Interagency Commitments to Human
Rights

• 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

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Conclusion

• The normative value
• The political environment
• Substantive linkages
• The institutional response

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International, Regional and National Human Rights
Systems
Session 2
Action 2 Learning Human Rights Together
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What are Human Rights?
Universal legal guarantees...civil, political,
economic, social and culturalprotect human
values (freedom, equality, dignity) inherent to
individuals and, to some extent,
groupsreflected in international norms and
standards legally binding on States.
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Human Rights Obligations
Duty-bearers obligation to
Respect
Protect
Fulfill
prevent others from interfering with the
enjoyment of a right
refrain from interfering with the enjoyment of
the right
adopt appropriate measures towards full
realization of the right
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Human Rights Systems
ICCPR
ICESCR
CERD
CEDAW
UN Charter UDHR HRC
CAT
CRC
CMW
Other International Instruments
Regional Regimes
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Womens Human Rights

• 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 Charters
  Protocol on Womens Rights

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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
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Regional Human Rights Systems

• 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 Peoples 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
• Peoples Rights
• African Court on Human and
• Peoples Rights

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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

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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
• remedies have been exhausted
• International and regional protection is
  complementary

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International MechanismsThe 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)

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Treaty bodies
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The Human Rights Council

• 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

What is it ? A subsidiary body of the General
Assembly composed of Members States. It replaces
the UN Commission on Human Rights
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International MechanismsSpecial 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
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• Special Procedures
• Country Visits
• Communications, Statements
• Thematic studies

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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 Gl
obal Treaty Bodies' General Comments Special
procedures Thematic studies
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Check on.
http//www.ohchr.org/english/countries

• Status of ratification
• Whether a Countrys 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

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The Human Rights Based Approachin the
Programming Process
Session 3
Action 2 Learning Human Rights Together
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What is a Human Rights Based Approach?

• 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

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Why a human rights-based approach to
development?

• 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

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The UN Common Understanding on the HRBA

1. 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
2. Human rights standards and principles guide all
   development cooperation and programming in all
   sectors and phases of the programming process
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

GOAL
PROCESS
OUTCOME
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1. 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

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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.

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2) Human rights standards and principles guide
all development cooperation and programming in
all sectors and in all phases of the programming
process
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.

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The integration of human rights principles and
standards into all stages of the programming
process
ASSESSMENT ANALYSIS
PRIORITY SETTING
MONITORING AND EVALUATION
PROGRAMME PLANNING AND DESIGN
IMPLEMENTATION
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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

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Human Rights Principles

• Universality and inalienability
• Indivisibility
• Interdependence and Inter-relatedness
• Equality and non-discrimination
• Participation and inclusion
• Accountability and rule of law

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HRBA Requires Higher Cultural Sensitivity

• Understanding beliefs and values facilitates the
  implementation of the HRBA
• Cultural sensitivity allows for higher degrees of
  programmatic ownership 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

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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
OUTCOME

• 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

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Rights-holder and Duty-bearers

• 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 extent groups

• 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

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The role of Capacity Development
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The HRBA in UN Programming
CCA
UNDAF
CPs
ME
Analysis of Development challenges
CP outcomes
UNDAF Outcomes
ME Systems
Strengthened capacity of rights-holders and
duty-bearers
Empowered rights-holders and accountable
duty-bearers contribute to the realization of
human rights
Establish mechanisms for participation
of rights-holders duty bearers in the
monitoring of the programme
Establishes causal connections of
rights Identifies patterns of discrimination, ine
quality, and exclusion Identifies the
capacity gaps of rights-holders and duty-bearers
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Practicing the HRBAGroup Work Instructions
Session 4
Action 2 Learning Human Rights Together
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Principles of Universality Inalienability
HR principle of Universality requires That no
one is left out or excluded from human rights

• 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

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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 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

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Principles of Equality Non-Discrimination

• Equality and Non-discrimination obliges states
  to
• Eradicate Legal, institutional, interpersonal
  and structural discrimination

• 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

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Principle of Participation
HR principles of Participation requires FREE,
ACTIVE, MEANINGFUL and INCLUSIVE PARTICIPATION

• 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

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Principle of Accountability
Principle of Accountability requires States and
other duty bearers to be answerable for the
observance of human rights

• 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

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Principle of Accountability
Principle of Accountability requires Accessible,
effective and independent mechanisms and
procedures of redress

• Implications for Human Rights Protection Systems
• Legal frameworks should
• Be In conformity with human rights norms
• Establish conditions, procedures and mechanisms
  for RH to claim their rights and DB to comply
  with their obligations
• Public policies should
• Take progressive steps to address the weaknesses
  in the accountability systems
• Implement the human rights obligations of the
  state at a central, regional and local level

52
Principle of Accountability
Principle of Accountability requires Free and
independent media, and groups of human rights
defenders representative of men, women and
marginalized or excluded groups

• Implications for Human Rights Protection Systems
• An active rights sensitive civil society should
• Monitor the State compliance with its human
  rights obligations
• Articulate concerns of the society and advocate
  for social positive change
• Provide information and shadow reports to
  international human rights mechanisms
• eg. Campaign on access to retro-viral medication
  in South Africa

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Gender and age dimension in crises and
emergencies

• Crises and emergencies can have very different
  impacts on men, women and children.
• Women and children almost always make up a large
  majority of displaced and refugee populations.

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Linking Rights with ResultsA step by step
approach
Sessions 5, 6, 7, 8
Action 2 Learning Human Rights Together
55
The HRBA in UN Programming
CCA
UNDAF
CPs
ME
Analysis of Development challenges
CP outcomes
UNDAF Outcomes
ME Systems
Strengthened capacity of rights-holders and
duty-bearers
Empowered rights-holders and accountable
duty-bearers contribute to the realization of
human rights
Establish mechanisms for participation
of rights-holders duty bearers in the
monitoring of the programme
Establishes causal connections of
rights Identifies patterns of discrimination, ine
quality, and exclusion Identifies the
capacity gaps of rights-holders and duty-bearers
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When to begin applying the HRBA
GATHERING INFORMATION On indicators, policies
plans from Surveys, research documents, reports
ASSESSMENT and ANALYSIS
SELECTION Of areas of cooperation
57
HRBA to Information Gathering

• What information
• Civil, cultural, economic, political and social
  context
• Disaggregated according to normative grounds of
  non-discrimination,
• e.g. sex, age, ethnicity, rural and urban, etc.
• Sources of information
• Rely on national information, assessments and
  analyses
• Variety of sources including information from
  International, regional and national human rights
  mechanisms
• Information and analysis process
• Participatory, inclusive, accountable and
  sensitive to cultures

58
HRBA to Assessment

• Purpose of the Assessment
• Identify main human rights and development
  challenges
• What is happening? To whom? Where?
• e.g. 2/3 rural indigenous girls drop out of
  primary school after the second year of enrolment
• Characteristics of a development challenge
• It should be stated as a human rights issue
• Formulation should be people focused

International HR mechanisms provide a reading
of development challenges from a human rights lens
identify the applicable human right standards
(claims and duties)
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HRBA to Analysis Causal analysis (I)

• Analysis of immediate, underlying and structural
  causes of development challenges identified
• Tools
• Problem tree analysis detects root causes of
  human rights problems (vertically) and the
  inter-relatedness of rights (horizontally and
  vertically)
• Additional optional tools for in-depth legal,
  policy, institutional and budget analysis

The problem tree was not born as a HRBA tool but
it can help identify main patterns of
discrimination, exclusion and other root causes
of problems
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The Problem Tree
Effects
The problem tree is a tool for consensus
building and participation as it allows to agree
with rights-holders and duty bearers on the main
development challenges and root causes
Causes
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Problem 1 HIV/AIDS
Problem 2 Girls Education
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Causal analysis why?
Development challenge/Rights not fulfilled
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Group InstructionsCausal analysis/problem tree

• Each group selects one MDG
• Identify one development challenge or problem
  manifestation,
• discuss and identify immediate, underlying and
  root causes
• Build a problem tree
• Select one chain of the problem tree and identify
  rights that are not being fulfilled

Each group will nominate one gender and one
conflict champion
64
HRBA to AnalysisRole Pattern Analysis (II)

• Rights holders
• Who are they?
• What are their claims?
• Duty bearers
• Who are they?
• What are their duties?

Check what the human right standards say about
their claims and duties
Check also what role is expected from
rights-holders duty bearers in national laws,
procedures and policies
65
HRBA to AnalysisCapacity Gap Analysis (III)

• Capacity gaps
• Knowledge
• Responsibility / motivation / leadership
• Authority
• Access to and control over resources
• Gaps in NHRPS

capacity development is not only a technocratic
process. It also entails political, societal,
legal and institutional change
Treaty Bodies and Special Procedures can
identify capacity gaps
66
Group InstructionsRole and capacity gap analysis

• Take the same causal chain for which you have
  identified unfulfilled rights
• Identify Rights- Holders and Duty-Bearers, their
  roles and responsibilities
• Identify related elements of capacity gap and
  write them on flipchart (using table format)

67
Selecting areas of cooperation-Strategic analysis
HRBA promotes a practise shift from direct
service delivery to capacity development

• Analyze UN comparative advantages in
• ?Direct service delivery ?Advocacy and social
  mobilization
• ? Information and awareness ?Training and
  education
• ? Monitoring and observation ?Policy and legal
  advise
• Partnership analysis
• HRBA broadens the spectrum of partners,
  Including those belonging to National Human
  Rights Protection Systems

68
HRBA to Results Based Programme Planning
Impact Realization of human rights, as laid
down in international instruments
? Outcome Increased performance of
rights- holders and duty-bearers
? Outputs Your tangible contribution to
capacity development of RHs, DBs and NHRPS
? Process Guided by Human Rights principles
Treaty Bodies and Special Procedures can
identify specific actions for capacity development
69
UNDAF MATRIX HRBA Formulation Time
National priorities
UNDAF OUTCOME
Country Program (CP) OUTCOME
CP OUTPUT
full enjoyment of rights Positive and sustained
changes in the lives of men, women and children
5-20 years
Increased performance rights-holders to claim
their rights and of duty-bearers to meet their
obligations
4-5 years

• - (i) DB capacity development to meet obligations
• (ii) RH capacity development to claim rights
• (iii) Legal, policy, and institutional reforms

2-4 years
- Deliverables, services and advocacy tools
provided by the programme to RHs DBs
1-4 years
70
Group Instructions Designing strategic
interventions

• Look at the Rights Holders and the Duty Bearers
  involved, and the capacity gaps that have been
  identified
• Discuss and agree on interventions that would
  bring about positive change on the realization of
  rights (at output and outcome level)

71
HRBA to Monitoring Evaluation
Based on claims and obligations in human rights
standards

• What to measure?
• Programme performance (Impact, Outcomes, Output)
• Programme process Participation, accountability
  and non-discrimination
• Programme context
• existence of laws, policies and institutional
  mechanisms
• Duty-bearers efforts to meet their obligations
• Right-holders disparities in enjoying rights

based on human rights principles
Under HRBA, the monitoring of the context is
equally important as the monitoring of the
programme performance and process
72
HRBA to Monitoring Evaluation

• How to measure?
• Identify the rights-holders and duty-bearers who
  will contribute to the ME process either as
• -Information providers, for example line
  ministries
• -Independent information interpreters, for
  example National Human Rights Institutions
• Bring them together in a participatory process
• Ensure access to available information and data
  on the programme

HRBA calls for mechanisms of participation and
programme accountability
73
Group InstructionsMonitoring Evaluation

• Human rights principles and standards should
  guide Monitoring and Evaluation
• Review you results chain and discuss the
  implications of the statement above

74
HRBA in UN Programming Frameworks CHAPs and CAPs

• The CHAP allows for synchronization of UN
  programmes
• The CAP is a tool to coordinate planning,
  implementation and monitoring
• Human rights and humanitarian principles help to
  ensure that priority actions are focused upon
  those in greatest need

75
Supporting UN Country Teams
Session 9
Action 2 Learning Human Rights Together
76
UN Country Team role

• information, education
• participation
• organisation
• monitoring
• access to remedies
• (administrative, judicial)

• laws
• policies
• services
• data, monitoring
• remedies
  

fulfill duties
CSO
Capacity development
claim rights
duty bearers
rights holders
Information, participation, organisation,
monitoring
advocacy
technical assistance
laws and policies,
service delivery
UN-CT support
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Support available to UNCTS

• Action 2
• Capacity Building - Joint Programme Development
  National
• Human Rights Systems - International Human
  Rights mechanisms
• OHCHR
• Treaty Bodies - Country Profiles HR Advisers -
• Agencies
• Several Agencies have developed policies,
  guidelines and resources
• to guide staff in applying the HRBA

78
Next Steps strategies and action planning
Session 10
Action 2 Learning Human Rights Together
79
A proposed format
UNCT Action Plan on HRBA UNCT Action Plan on HRBA UNCT Action Plan on HRBA
Milestone / Activity Responsibility Time Frame






80
Closing Evaluations
Session 11
Action 2 Learning Human Rights Together
81
THANK YOU !
Action 2 Learning Human Rights Together