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View with images and charts International Normative Legal Framework for a Rights-Based Approach to Development Chapter-1 Introduction The “human rights discourse” and the “human development discourse” are major futures of international affairs and have been for a half-century. Their intersection has been only recently acknowledged and has been little studied in the literature of either field or in policy documents. The connection between human rights and development is sometimes expressed in terms of “conditionality,” that is restricting aid or trade unless and until certain human rights performance criteria are met. It is also sometimes expressed as the need for good governance in terms of accountability and transparency of public institutions operating under conditions of the rule of law as necessary dimensions of proper management, without which donors and lenders cannot trust the recipient state to utilize resources properly. The international community has moved beyond these limited interpretations of the human rightsdevelopment linkage. To affirm that development should be pursued in a “human rights way” has a definite appeal to people who consider development as a matter of justice, but it dies not provide an agenda for action, or even general guidance for professional work in international development. In the development assistance, efforts have been made to provide practical guidance.1 To affirm that human rights must "be integrated into sustainable human development" is equally appealing, but very little has been done to explain what is meant by "human rights" in this context, nor how this integration is to be done. It is possible to advance development —that is, to "ensure freedom, dignity and well-being for all people everywhere," to borrow from UNDP's Human Development Report 2000 (HDR2000)—without invoking human rights. It is possible to promote and protect civil, cultural, economic, political, and social rights—to use the current enumeration of categories of human rights—without becoming engaged in the traditional planning and resource allocation process of development. At the conceptual level, one can define development and human rights with a sufficient degree of abstraction as to be virtually identical and essentially unimpeachable. Ideally, these two societal projects should be mutually reinforcing. For that to happen, we need more theoretical reflection on how they relate and more practical experience in projects applying the linkage. This paper will focus on the international normative legal framework for rights-based approach to development. The discussion is about the definition of rights-based approach to development in chapter-2 and conceptual & theoretical framework in Chapter-3 & Implementation of rights-based approach to development and conclusion in chapter-4 & chapter-5 Chapter-2 Definition of the rights-based approach to development:-


Development is people-centred, participatory and environmentally sound. It involves not just economic growth, but equitable distribution, enhancement of people’s capabilities and widening of their choices. It gives top priority to poverty elimination, integration of women into the development process, self-reliance and self-determination of people and governments, and protection of the rights of indigenous people. The rights-based definition of development in article 1 of the DRTD sees it as a comprehensive economic, social, cultural and political process. Its object is object is the constant improvement of the well-being of the entire Population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the resulting benefits. The human rights approach to development is therefore integrated and multidisciplinary. What is a rights-based approach to development? A rights-based approach to development is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting ad protecting human rights. Essentially, a rights-based approach integrates the norms, standards and principles of the international human rights system into the plans, policies and processes of development. The norms and standards are those contained in the wealth of international treaties and declaration. The principles include equality and equity, accountability, empowerment and participation. A rights-based approach to development includes the following elements:  Express linkage to rights  Accountability  Empowerment  Participation  Non-discrimination and attention to vulnerable groups The definition of the objectives of development in terms of particular rights-as legally enforceable entitlements-is an essential ingredient of human rights approaches; as is the creation of express normative links to international, regional and national human rights instruments. Under the International Covenant on Economic, Social and Cultural Rights , States are required to take immediate steps for the progressive realization of the rights concerned, so that a failure to take the necessary steps, or any retrogression, will flag a breach of the state’s duties. Under the International Covenant on civil and Political Rights, States are bound to respect the rights concerned, to ensure respect for them and to take the necessary steps to put them into effect. Some rights claimed in some jurisdictions may not be justifiable before a court, but all rights must be enforceable. What are rights in development? “Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing” Article 1 of the charter of the United Nations identifies international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms as one of


the purposes of the Organization. Since the United Nations was founded, human rights have been at the centre of its activities, also in the area of development. In 1995, the Copenhagen Declaration reaffirmed the link between human rights and development by establishing a new consensus that places people at eh centre of concerns for sustainable development, and by pledging to eradicate poverty, to promote full and productive employment, and to foster social integration to achieve stable, safe and just societies for all. What about the gender dimension of development? Rights-based approaches to development emphasize non-discrimination, attention to vulnerability and empowerment. Women and girls are among the first victims of discrimination. They are the most vulnerable and the least empowered in many societies. To protect women’s rights, the international community has created specific standards. In 1979, the United Nations General Assembly adopted the Convention on the Elimination of all Forms of discrimination against Women. The Convention, which entered into force on 3 September 1981, establishes women’s right to non-discrimination on the basis of sex and affirms equality in international law. It is monitored by the equality in international law. It is monitored by the Committee on the elimination of Discrimination against Women (CEDAW) Recent world conferences, including Vienna (1993), Cairo (1994) and Beijing (1995), have confirmed the strong link between the gendered nature of violations of human rights and the advancement of women’s rights. • The Universal Declaration of human Rights (1948), in Article 28, refers to the right to “a social and international order in which the rights and freedoms set froth in this Declaration can be fully realized.” Such an order can only be conceived on the basis of social structures conducive to the realization of rights that cover the civil, cultural, economic, political, and social domains. It implies a holistic framework in which the cumulative effect of realizing all types of human rights is a structural change in both national societies and international society. The Declaration on the Right to Development (1986) stresses the holistic approach in Article 6, paragraph 2: “All human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights” By perspective DFID 'The objective of DFID's Human Rights Strategy is to enable all people to be active citizens with rights, expectations, and responsibilities... A rights perspective means incorporating the empowerment of poor people into our approach to tackling poverty. It means ensuring that poor people's voices are heard when decisions which affect their lives are made. It means recognizing that equality matters. Addressing discrimination in legislation, policies, and society contributes to an environment in which excluded people have more control over their lives. A rights approach also means making sure that citizens can hold governments to


account for their human rights obligations." DFID, October 2000, pg. 7)

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("Realizing Human Rights for Poor People."

"A human rights approach to development means empowering people to make their own decisions, rather than be passive objects of choices made on their behalf. It focuses on empowering all people to claim their right to opportunities and services made available through pro-poor development. A rights based approach means that:  Development organizations should work in ways which strengthen accountability of governments to people living in poverty particularly ensuring that citizen's can hold governments to account in regard to human rights obligations;  Promoting social justice and recognizing that equality matters. Addressing discrimination in legislation, policies and society will contribute to an environment in which excluded people have more control over their rights and that the rights of poor people are not sacrificed for aggregate gain;  Poor people's perspectives will be linked with the national and international policy processes;  Poor people are both empowered and engaged in the decision-making processes. Which affect their lives ^Department for International Development-UK; in "OHCHR AsiaPacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002) "The growing acceptance of the relevance of human rights-based approaches to development not only 'empowers' the beneficiaries of development, by purporting to make them the active participants of the development process, and by giving greater legitimacy and moral force to their demands. It also fundamentally requires greater accountability from all actors in the development process: through legal, administrative, or political mechanisms, individuals, as right-holders, can make claims on the conduct of individual and collective agents, including states, which as duty-holders, can be held responsible for not meeting their obligations." (The Right to Development: A Review of the Current State of the Debate for the Department of International Development. Laure-Helene Piron, April 2002, DFID/ODI) ODI "A rights-based approach 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. In all of these, it is concerned not just with civil and political rights but also with dfonomic, social, and cultural rights" (ODI Briefing Paper, 1999 (3) September) "Rights are widely characterized as legitimate claims that give rise to correlative obligations or duties. 'This suggests that to have a right is to have a legitimate claim against some person, group or organization (e.g. a social or economic institution, a state or an international community). The latter in turn is under an obligation or a duty to ensure or to assist the rights-holder in security the right... Critical to this formulation is the implicit requirement of 1

"Realizing Human Rights for Poor People." DFID, October 2000, pg. 7


some structure of power or authority that is able to confer legitimacy on the claim being made. The definition, interpretation, and implementation of rights are therefore dynamic processes that are inherently political in their nature." 2 ("To Claim our Rights: Livelihood Security, Human Rights and Sustainable Development." Caroline Moser and Andy Norton, 2001.) Australian Government ACFOA defines a human rights approach to development as an approach that sees poverty as a violation of human rights and places elimination of poverty as the primary goal of development assistance." 3 ("Human Rights Policy and Strategy Paper.") Australian Council for Overseas Aid, June 2001, pg. 2) Norwegian Government "A rights based approach to development is a concept that integrates all human rights norms, standards and principles of international human rights systems, including the right to development, into the plans, policies and processes of development." 4 (Norwegian Agency for International Development in "OHCHR Asia-Pacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002) Swedish Government "The Swedish International Development Cooperating Agency (SIDA) defines the rightsbased approach as the 'consideration of people's economic, cultural, civil, political, and social rights in all aspects of the development process.' At the same time Sida also advocates the democratization of society as a pivotal aspect of development" 5 (Swedish International Development Cooperation Agency in "OHCHR Asia-Pacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002) "'To support the struggle against poverty by using its development assistance to promote human rights observance... Poverty is equivalent to peoples being prevented from enjoying their human rights, and poverty's many dimensions are exacerbated by lack of democracy, participation, and empowerment of the poor.'" 6 ("Promoting a Human Rights Approach in Development Cooperation." Human Rights Council of Australia, October ?, describing the Swedish Government appro) United Nations "A human rights based approach ensures that human standards, as established in international law, are applied as a criterion for policy orientation and the solution of problems in specific areas. It introduces a normative basis, which is obligatory for State Parties, and thus requires a legislative response at the State level. A rights approach implies that beneficiaries of 2

To Claim our Rights: Livelihood Security, Human Rights and Sustainable Development." Caroline Moser and Andy

Norton, 2001 3

"Human Rights Policy and Strategy Paper.") Australian Council for Overseas Aid, June 2001, pg. 2

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Norwegian Agency for International Development in "OHCHR Asia-Pacific Human Rights Roundtable No. 1: A rights-

based approach to development" October 2002) 5

Swedish International Development Cooperation Agency in "OHCHR Asia-Pacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002 6 "Promoting a Human Rights Approach in Development Cooperation." Human Rights Council of Australia, October ?, describing the Swedish Government appro


policies and activities are active subjects and claim holders and stipulates duties or obligations for those against whom such claims can be held (duty bearers)." 7 (1998 Report of the Secretary General to the ECOSOC) "A rights-based approach to development is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. Essentially, a rights-based approach integrates the norms, standards and principles of the international human rights system into the plans, policies and processes of development." 8 (Workshop on the Implementation of Rights-based Approach to Development: Training Manual" UN Office of the Resident Coordinator, Philippines. 2002) "The human rights approach may be regarded as a programming methodology that derives from the Sustainable Human Development paradigm... The approach proposes the use of human rights concepts and standards in the analysis of development problems and in the design of projects and programs, including mechanisms to assess the impact of these programs and the process by which they are developed and implemented. The human rights approach proposes that our understanding of development and our strategies to achieve it, are considerably enhanced by the use of rights-based programming tools and methodologies." 9 (Workshop on the Implementation of Rights-based Approach to Development: Training Manual" UN Office of the Resident Coordinator, Philippines. 2002) "In a human rights-based approach to programming and development cooperation, the aim of all activities is to contribute directly to the realization of one or several human rights... In a HRBA human rights determine the relationship between individuals and groups with valid claims (rightsholders) and State and non-state actors with correlative obligations (duty- bearers). It identifies rights-holders (and their entitlements) and corresponding duty-bearers (and their obligations) and works towards strengthening the capacities of rights-holders to make their claims, and of duty-bearers to meet their obligations." 10 (UN Common Understanding, May 2003) "A rights based approach to development describes situations not simply in terms of human needs, or of development requirements, but in terms of society's obligations to respond to the inalienable rights of individuals, empowers people to demand justice as arights, not as charity, and gives communities a moral basis from which to claim international assistance when needed."(UN 1998) Amartya Sen "The promotion of human development and the fulfillment of human rights are, in many ways, a common motivation, and reflect a fundamental commitment to promoting the freedom, well-being and dignity of individuals in all societies." 11 (From Sen Article "Human Rights and Human Development" in Human Development Report 2000) "If human development focuses on the enhancement of the capabilities and freedoms that the members of a community enjoy, human rights represent the claims that individuals have on the conduct of individual and collective agents and on the design of social arrangements to 7

1998 Report of the Secretary General to the ECOSOC Workshop on the Implementation of Rights-based Approach to Development: Training Manual" UN Office of the Resident Coordinator, Philippines. 2002 9 Workshop on the Implementation of Rights-based Approach to Development: Training Manual" UN Office of the Resident Coordinator, Philippines. 2002 10 UN Common Understanding, May 2003 11 From Sen Article "Human Rights and Human Development" in Human Development Report 2000 8


facilitate or secure these capabilities and freedoms." 12 (From Sen Article "Human Rights and Human Development" in Human Development Report 2000) Independent Expert on the Right to Development "The recognition of the Right to Development as an inalienable human right confers on its implementation a claim on national and international resources, and obliges the states and other agencies of society, including individuals, to implement that right. Human rights are the fundamental basis on which other rights, created by the legal and political systems, are built. States, both nationally and internationally, as well as organs of civil society have an unquestionable responsibility to give the utmost priority to Action." 13 (Arjun Sengupta. "Realizing the Right to Development" Development and Change Vol 31,2000) "The process of development as one in which all human rights and fundamental freedoms can be folly realized. It is centered around the concept of equity and justice, with the majority of the population who are currently poor and deprived enjoying raised living standards and the capacity to improve their position... The concept of well-being in this context extends well beyond the conventional notions of economic growth to the expansion of opportunities and capabilities to enjoy those opportunities." 14 (Arjun Sengupta. "Realizing the Right to Development" Development and Change Vol 31,2000) "The realization of each human right and all of them together has to be carried out in a rightsbased manner, as a participatory, accountable and transparent process with equity in decisionmaking and sharing of the fruits of the process while maintaining respect for civil and political rights... The objectives of development should be expressed in terms of claims or entitlements of rights-holders that duty-bearers must protect and promote in accordance with international human rights standards of equity and justice. The realization of the universal human right to development must expand human development following a human rightsbased approach, thus improving equity arid fairness." ("Third Report on the Independent Expert on the Right to Development." Arjun Sengupta, January 2001) "A manner that follows the procedures and norms of human rights law, and which is transparent, accountable, participatory, and non-discriminatory, with equity in decision-making and sharing of the fruits or outcomes of the process." 15 (E/CN.4/2002/WG.18/2,4 report of the Independent Expert) UNICEF "A rights-based approach to programming means that we must be mindful in our development work of the basic principles of human rights that have been universally recognised and which underpin both CRC and CEDAW: inter alia, the equality of each individual as a human being, the inherent dignity of each person, the rights to self determination, peace and security,.. A human rights approach to UNIGEF programming also calls for more inherently integrated, cross-sectoral and decentralized activities, and for participatory approaches recognizing that those we are trying to help are central actors in the development process." 16 (A Human Rights Approach to UNICEF)� Programming for Women and Children UNICEF April 1998 12

From Sen Article "Human Rights and Human Development" in Human Development Report 2000 Arjun Sengupta. "Realizing the Right to Development" Development and Change Vol 31,2000 14 Arjun Sengupta. "Realizing the Right to Development" Development and Change Vol 31,2000) 15 E/CN.4/2002/WG.18/2,4 report of the Independent Expert 16 A Human Rights Approach to UNICEF 13


"It (rights-based development) is generating an inclusion of concepts related to the realization of human rights and covers issues such as empowerment, justice, accountability and governance. Economic and social development objectives are integrated and redefined as rights. Goals become mechanisms or instruments to ensure benefits to which people have legitimate claims' (Human Rights as an Emerging Development Paradigm and some implications for Programme Planning, Monitoring and Evaluation"17 Mahesh Patel UNICEF May 2001) "Rights approach is transformative" (Human Rights as an Emerging Development Paradigm and some implications for Programme Planning, Monitoring and Evaluation" Mahesh Patel UNICEF May 2001) For UNICEF, a human rights-based approach to programming means that: All UNICEF Programmes of Cooperation are focused on the realization of the rights of children and women; Human Rights principles are applied in all programming in all sectors; and Human rights principles guide all phases of the programme process. 18 (Programme Policy and Procedure Manual: Programme Operations, Revised April 2002, p. 4. UNICEF) UN Division on Advancement of Women "First, human rights bring to the development discussion a unifying set of standards, or a common reference, for setting objectives and assessing the value of action. Second, if sustainable economic development and the eradication of poverty are to be achieved, economic growth has be to combined with the concept of human development and respect for human rights. As such, the rights-based approach is an inherent dimension of the concept of people-centered sustainable development, with development constituting a comprehensive process directed towards the full realization of all human rights and fundamental freedoms...' Groonesekdere further notes that the application of a human rights-based approach to human development provides a holistic framework for planning, programming and decision-making which considers the dimensions of civil and political, economic, social and cultural rights" 19 (Savitri Goonesekere "A Rights-based Approach to Realizing Gender Equity" UN Division for the Advancement of Women, 1998) WHO "A rights-based approach to health refers to the processes of: a) using human rights as a framework for health development; b) assessing and addressing the human rights implications of any health policy, programme or legislation; c) making human rights an integral dimension of the design, implementation, monitoring and evaluation of health-related policies and programmes in all spheres, including political, economic and social" 20 ("TwentyFive Questions and Answers on health and Human Rights" Health and Human Rights Publication Series, No. 1 July 2002). UNAIDS 17

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Mahesh Patel UNICEF May 2001 Programme Policy and Procedure Manual: Programme Operations, Revised April 2002, p. 4. UNICEF

Savitri Goonesekere "A Rights-based Approach to Realizing Gender Equity" UN Division for the Advancement of Women, 1998 20 Twenty-Five Questions and Answers on health and Human Rights" Health and Human Rights Publication Series, No. 1 July 2002


"A rights-based effective response to the HIV/AIDS epidemic involves establishing appropriate governmental institutional responsibilities, implementing law reform and support services and promoting a supportive environment for groups vulnerable to HIV/AIDS and for those living with HIV/AIDS." 21 (UNAIDS in "OHCHR Asia-Pacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002) UNDP "A human rights-based approach constitutes for UNDP a holistic framework methodology with the potential to enrich operational strategies. It adds a missing element to present activities by enhancing the enabling environment for human development, and by empowering people to claim their rights and influence decision about their lives." 22 (UNDPHURIST, March 2002) "A rights-based approach is based on the values, standards and principles captures in the UN Charter, the Universal Declaration of Human .Rights and subsequent legally binding human rights conventions and treaties. A human rights perspective to development calls for enhanced attention to and a full understanding of the legal framework of country and the factors that create and perpetuate discrimination and social exclusion and hinder people from realizing their full potential. Civil and political rights and social, economic, and cultural rights should be simultaneously advanced in a rights-based approach to poverty eradication." (UNDP in "OHCHR AsiaPacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002) High Commissioner for Human Rights ; 'The rights-based definition of development in article 1 of the Declaration on the Right to Development sees it as a comprehensive economic, social, cultural and political process. Its object is the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the resulting benefits. The human rights approach to development is therefore integrated and multidisciplinary." 23 (UN Office of the High Commissioner for Human Rights) "The norms and standards are those contained in the wealth of international treaties and declarations. The principles include equality and equity, accountability, empowerment and participation." (UN Office of the High Commissioner for Human Rights) "A human rights-based approach - bringing human rights standards and values to the core of everything we do - offers the best prospect of leveraging our influence to empower people to advance their own claims, to prevent discrimination and marginalization, and to bridge the accountability deficits that have chronically crippled development progress. Under a rights-based approach, participation in development is a matter of right rather than charity. Essential to the very definition of human rights is the existence of command 21

UNAIDS in "OHCHR Asia-Pacific Human Rights Roundtable No. 1: A rights-based approach to development" October 2002 22 UNDP-HURIST, March 2002 23 UN Office of the High Commissioner for Human Rights


corresponding obligations at various levels of government and society. In each situation we confront, a rights-based approach requires us to ask: What is the content of the right? Who are the human rights claim-holders! Who are the corresponding duty-bearers! Are claim-holders and duty-bearers able to claim their rights and fulfill their responsibilities! If not, how can we help them to do so? This is the heart of a human rights-based approach." (from comments of High Commissioner for Human Rights at 2 Interagency Workshop on Implementing a Rights-based Approach in the Context of UN Reform" May 2003). UNDAF "By building capacity in all aspects of relevant data collection, UNCTs are in essence helping to create a "culture of monitoring, follow-up and evaluation" as the Morocco UNDAF states.. This is also the essence of the human rights-based approach, helping to transform inhabitants of a state into active, informed and involved citizens with a say in their own lives and in the future of their country. " 24 (Bill O’Neil. The Current Status of Human Rights Mainstreaming: Review of Selected CCA/UNDAFs and RC Annual Reports. April, 2003) NGOs Action Aid In another context, one analyst has noted, "it has helped millions of Venezuelans awaken to the fact that for too many years they have been mere inhabitants of their own country. Now they demand to be citizens... Moises Naim, "Hugo Chavez and the Limits of Democracy," Op ed, The New York Times, March 5,2003 at A-23 "This approach (rights based) seeks lasting solutions to poverty through the establishment and enforcement of rights that entitle poor and marginalized people to a fair share of society's resources... The rights based approach builds on the analysis of poverty that Action Aid has developed since its inception. Rights are legal and moral entitlements. Our understanding of poverty informs us that some groups and peoples face a lack of access to, representation in and control over resources, services, institutions and processes to which they are entitled. This is caused by systemic denial and violation of their rights, which produces and reproduces the conditions of poverty... The primary responsibility for enforcing people's rights vests with the institutions of government. National states define a more or less adequate set of human rights in their constitutions and laws, which in turn establish duties and obligations for other institutions and actors within society. In an increasingly globalize world, inter-governmental bodies also exercise important powers to expand or limit the rights of people particularly vis-a-vis transnational actors and issues. Ultimately, however, Action Aid believes that people themselves must have the power to define and defend their rights." ("The Hua Hin Declaration on Rights Based Approach" Action Aid Asia, August 2000) "Thus, a RBA is a development approach which takes on the centrality of human rights as elucidated in the international system of human rights, contained in treaties and declarations, in plans, policies and development processes. The rights based framework derives from the conceptualization of human rights located in civil, political, economic, social and cultural spheres. Rights are thus manifold, interlinked and indivisible and the framework of human rights is based on an assumption, that there is an ethical and moral base, which confers equal rights on all humans, and that in nation states today and in the processes of development,

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Bill O’Neil. The Current Status of Human Rights Mainstreaming: Review of Selected CCA/UNDAFs and RC Annual Reports. April, 2003


there are rights, which need to be protected and promoted." 25 (from Stockholm Workshop, Action Aid India, February 2003) Danish Church Aid "The rights-based approach:  Targeting fundamental injustices and removing barriers for the fulfillment of people's basic rights;  Analysis and action at several levels from local to global arenas;  A relational approach addressing 'duty-bearers' as well as 'claimholders. CARE "A rights-based approach deliberately and explicitly focuses on people's achieving the minimum conditions for living with dignity (i.e achieving human rights). It does so by exposing the roots of vulnerability and marginalization and expanding the range of responses. It empowers people to claim and exercise their rights and fulfill their responsibilities. A rights-based approach recognizes poor, displaced, ' and war-affected people as having inherent rights essential to livelihood security—rights that are validated by international law" ("CARE Workshop-on Human Rights and Rights-based Approaches to Programming" August 2000 in Promoting Rights and Responsibilities, June 2001) "A rights approach affirms the importance of systematic identification of the fundamental, or 'root' causes of vulnerability and of commitment, wherever possible, to help confront such causes in our work... Root causes are often systemic or structural, residing at the societal or even global level and underpinned by vested interests at all levels." 26 (Andrew Jones. "A Rights Approach and Responsibility Analysis" Promoting Rights and Responsibilities October, 2000).' "For CARE, a rights-based approach deliberately and explicitly focuses on people achieving the minimum conditions for living with dignity. It does so by exposing the roots of vulnerability and marginalization and expanding the range of responses. It empowers people to claim and exercise their rights and fulfill their responsibilities. A rights-based approach recognizes poor, displaced, and war-affected people as having inherent rights essential to livelihood security - rights that are validated by international law." (CARE, October 2002) "A rights-based approach deliberately and explicitly focuses on people realizing their human rights. It does so by exposing the root causes of vulnerability and marginalization and expanding the range of responses. It empowers people to claim and exercise their rights and fulfill their responsibilities. A rights-based approach recognizes poor, displaced and waraffected people as having inherent rights essential to livelihood security - rights that are validated by international standards and law." 27 (Andrew Jones, CARE: Frequently Asked Questions about Adoption of a Rights-Based Approach, March 2002.) International Human Rights Internship Program "The rights approach uses international human rights norms and treaties to hold governments accountable for their obligations. The rights approach can be integrated into any number of advocacy strategies and tools, including monitoring, community education and mobilization, litigation, legislative advocacy and policy formulation." 28 ("Ripple in Still Water" International Human Rights Internship Program, 1997)

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from Stockholm Workshop, Action Aid India, February 2003 Andrew Jones. "A Rights Approach and Responsibility Analysis" Promoting Rights and Responsibilities October, 2000 27 Andrew Jones, CARE: Frequently Asked Questions about Adoption of a Rights-Based Approach, March 2002. 28 "Ripple in Still Water" International Human Rights Internship Program, 1997 26


"A rights-based approach is founded on the conviction that each and every human being, by virtue of being human, is a holder of rights. A right entails an obligation on the part of the government to respect, promote, protect, and fulfill it. The legal and normative character of rights and the associated governmental obligations are based on international human rights treaties and other standards, as well as on national constitutional human rights provisions. Thus a rights-based approach involves not charity or simple economic development, but a process of enabling and empowering those not enjoying their ESC rights to claim their rights." (Circle of Rights, 2000) Oxfam "A rights-based approach:  Is based on the belief that human beings' inherent dignity entitles them to a core set of rights that cannot be given or taken away  May or may not use legal strategies or language, but is grounded in and gains legitimacy from the rights enshrined in international and national law  Works to empower communities and individuals to know and claim their rights  Identifies those responsible - legally or morally - for upholding and safeguarding people's rights, and holds them accountable for their responsibilities  Recognizes the multi-level nature of rights obligations and violations, and the need to address them systematically and strategically" 29 (Oxfam America RBA Workshop. October 2002) Save the Children "A rights-based approach to development combines human rights, development and social activism to promote justice, equality and freedom. It holds duty bearers to account for their obligations, empowers people to demand their rightful entitlements, promotes equity and challenges discrimination." (Joachim Theis, "Rights-based Monitoring and Evaluation: A Discussion Paper" Save the Children, April 2003) "A rights-based approach to development makes use of the standards, principles and approaches of human rights, social activism and of development to tackle the power issues that lies at the root of poverty and exploitation, in order to promote justice, equality, and freedom." 30 (Joachim Theis, "Rights-based Monitoring and Evaluation: A Discussion Paper" Save the Children, April 2003) Human Rights Council of Australia "There was agreement that looking at poverty through the human rights lens - as a denial of human rights-enables a richer understanding of the different dimensions of poverty and encourages a more comprehensive policy response to the structural causes of poverty." 31(The Human Rights Based Approach to Development Cooperation Stockholm Workshop 16-19 October 2000, The Human Rights Council of Australia) Other Consultant "A rights-based approach to development adopts international human rights instruments and ideology as the backbone of development policy. It encompasses both civil and political 29

Oxfam America RBA Workshop. October 2002 Joachim Theis, "Rights-based Monitoring and Evaluation: A Discussion Paper" Save the Children, April 2003 31 The Human Rights Based Approach to Development Cooperation Stockholm Workshop 16-19 October 2000, The Human Rights Council of Australia 30


rights and economic, social, and cultural rights. The rights framework establishes both the means to and, in some cases, the very components of sustainable human development." (Luinstra, Amy. "Human Rights-Based Development: An Overview and Issues to Consider for HDNSP (World Bank)" June 2000, pg. 2) Academic "It (understanding rights) requires humanitarians to reorient their morality and thought so that they orbit around equality, contract and justice rather than pity and help. From such a perspective comes the proper politicization of humanitarianism—a consistent and still impartial political philosophy grounded in basic goods, natural rights and justice which can make political space for itself to challenge, mitigate and even transform he particular politics of violence and war." ("Not Philanthropy but Rights: Rights-based Humanitarianism and the Proper Politicization of Humanitarian Philosophy of War" Hugo Slim, Oxford Brookes University) Soured Nat Listed "Through the systematic application of the human rights principles during all phases of programme development and implementation ways must be founds to empower people to make decisions about issues that affect their lives, rather than treating them as passive objects of decisions made oft their behalf by bureaucrats. That way recognition is given to the fact that all people are inherently holders of rights. At the same time, obstacles at governmental level which need to be tackled simultaneously if development efforts are to be successful will be identified." ("The application of the Human Rights-based Approach to Development Programming: What is the Added Value?") "A human rights-based approach not only defines and identifies the subjects of development but is also translates people's needs into rights, and recognizes the human "person as the active subject and claim-holder. It further identifies the duties and obligations of those, against whom a claim can be brought", to ensure that needs are met. ("The application of the Human Rights-based Approach to Development Programming: What is the Added Value? Chapter-3 Conceptual & Theoretical Frame Work : An essential precondition for any human rights-based approach to development efforts is the identification of the applicable human right frame work which is also the primary objective of this study. To enhance any development strategy’s effectiveness and to prevent that some of the actions taken may be unlawful-both in violating international obligations or domestic law. In international law human rights obligations are those that states have under taken by signing treaties, which are then ratified by national parliament and enacted through changing state’s practice. The human rights frame work is designed to be a legally, politically and morally binding setup principles for government. A distinction must be made between legally binding treaties conventions, covenants, statutes, protocols and political statements such as declarations and principles. International normative legal frame work for rights-based approach all human rights treaties and declarations and other standard setting documents as well as domestic constitutional catalogues & basic rights combo reduced to this one fundamental assertion of human dignity, the key steps in this process include the declaration at Tehran (1967), and the articulation of the rights to development by judge kebam’baye of Senegal in the early 1970. The


developing countries aggressively used human rights discourse to counter racism and colonialism- especially against apartheid. In my study I will focus six international treaties and some declarations. These documents are often referred to as ‘soft-law’ standards, as they are not treaties and therefore do not create the same legal obligations. Core Human Rights treaties and slate obligation for R.B.A to development. UN charter-international economic and social cooperation Article-55 With a view to the creation to conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: a) Higher standards of living, full employment and conditions of economic and social progress and development. b) Solutions of international economic, social, health, and related problems, and international cultural and educational co-operation and c) Universal respect for and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Article-56 All members pledge themselves to take joint and separate action in co-operation with the organization for the achievement of the purposes set for thin Article Universal declaration of human rights (1948) Article 28 of the declaration laid down that everyone is entitled to social and international order in which the rights and freedoms set form in the declaration can be fully realized. International covenant on civil and political rights (1966) Article-2(1) Each state party undertakes to respect and to ensure to allow individuals within its territory ad subject to its jurisdiction the rights recognized in the present Covenant. Article-2(2) Provides that the states parties undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination. International covenant on Economic social and cultural rights (1966) In Article-2 of the covenant, the nature of the obligations undertaken by states parties is spelled out. According to article 2(1) Each state parity to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Convent by all appropriate means, including particularly the adoption of legislative measures. Convention on the Elimination of All Forms of Discrimination against Women (1979) Article- 2


States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and to this end, undertake: a) To embody the principle of the equality of men and women in their notional constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle. b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women. c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination. d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with other obligation. e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise. f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women. g) To repeal all national penal provision which constitute discrimination against women. Article-3 States parties shall take in all field, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) In Article-2 obligation on states to take effective legislative, administrative judicial or other measures to prevent acts of torture. Article- 3(1) No state party expel, return (“refouler”) of extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture. Convention on the Rights of the Child (1989) Article-2(1) sets at the obligation of the states parties, which are to “respect and ensure the rights set forth in the present convention to each child within their jurisdiction without discrimination of m any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social, organ, property, disability, birth or other status. Article-2(2) States parties shall take all appropriate measures to ensure that he child is protected against all forms of discrimination or punishment on the basis of the states,


activities, expressed opinions, or beliefs, of the child’s parents, legal guardians, or family members. Article-3 (1) In all actions concerning children, whether under taken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration. Declarations, provisions regarding obligation for RBA to development: Declarations on social progress & development 32 Article- 2 Social progress and development shall be founded on respect for the dignity and value of the human person and shall ensure the promotion to human rights and social justice, which requires: a) The immediate and final elimination of all forms of inequality exploitation of peoples and individual’s colonialism and racism including Nazism and apartheid, ad apartheid, and all other policies an ideologies opposed to the purposes and principles of the United Nations. b) The recognition and effective implementation of civil and political rights as well as of economic, social and cultural rights without any discrimination. Article-5 Including social progress and development require the full utilization of human resources. Declaration on the right to Development (1986) • States shall ensure equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. 33 • States should encourage popular participation in all spheres as an important factor in development.34 Copenhagen Declaration on Social Development  Democracy and transparent and accountable governance and administration in all sectors of society are indispensable foundations for the realization of social and peoplecentred sustainable development. 35  Transparent and accountable governance and administration in all public and private national and international institutions is important for human development. 36 Cairo Declaration on population and development

32

G.A. res. 2542 (XXIV),, 24 U.N. GAOR-Supp. (No.30) at 49, U.N. Doc. A/7630 The declaration on the right to development 1986, article-8 34 ibid, article-8 35 Copenhagen declaration on social development, article-4 36 ibid, article-26 (n) 33


 To a considerable extent, the quality and success of population and development programmers depend on the extent of country’s strategic allocation of its resources among various sectors and this includes support for population and development activities into the most beneficial distribution of budgetary, human and administrative resources. 37  Cairo Declaration on population and development. Article 10 Beijing Declaration and platform for action  Absolute poverty and the feminization of poverty, unemployment, the increasing fragility of environment, continued violence against women and the widespread exclusion of half of humanity from institutions of power and governance underscore the need to continue the search for development. 38 United Nations Millennium Declaration  Democratic and participatory governance based on the will of the people best assures fundamental freedoms. 39  Success in meeting the objective to human development depends, inter alia, on good governance within each country. It also depends on good governance at the international level and on transparency in the financial, monetary and trading systems. We are committed to an open, equitable, rule-based, predictable and non-discriminatory multilateral trading and financial system. 40 

Commitment has been made:

o To promote democracy and strengthen the rule of law, as well as respect for all internationally recognized human rights and fundamental freedoms, including the right to development. 41 o To work collective for more inclusive political processes, allowing genuine participation by all citizens in all our countries. 42 o To ensure the freedom of the media to perform their essential role and the right of the public to have access to information43 Chapter-4 Implementation of rights-based approach to development. The principles of implementation of right-based approach to development are described below: Define rights. A rights-based approach to development must first define the rights. This requires identifying 37

Cairo Declaration on population and development, article-10 Beijing Declaration and platform for action, article-17 39 United Nations Millennium Declaration, article-6 38

40

ibid, article-13 ibid, article-24 42 ibid, article-25 43 ibid, article-26 41


the links of a septic right to other rights, considering appropriate interventions for those interlinked rights, and key issues for advocacy efforts. For example, in the Glocal/SHEC project, the team discovered that the right to education for girls was intrinsically connected to the right to livelihood for adult women. Unless a household had economic security, parents could not support education for their girls; and in many cases, economic security depends on the mother’s employment.44 A crucial step in defining rights in the implementation process is to unpack what the rights mean for the local community. The “unpacking” of a right means identifying cultural and social norms that can affect the realization of rights of particular groups or individuals. For example, the ThinkSoft/ASP project team found that a strong cultural reticence (even among the poor) to discuss food insecurity and hunger hindered acknowledgment that having sufficient food is a right. In the YUVA/ICRW project, the team addressed cultural bias against single women by working with community elders – key stakeholders in the community – to understand and address these norms. The team used information from the elders to shape interventions for garnering respect of single women’s right to housing.45 Unpacking a right also involves examining the right both from the right-holder’s and dutybearer’s perspective, especially when considering how to uphold a right and for what purpose (e.g., whether to remedy a particular violation or to challenge the status quo). For example, the Sanhita project team’s efforts to implement guidelines on sexual harassment at the workplace started with defining rights from a “woman’s perspective” and a “worker’s perspective.” As a result, related companies and organizations established a harassment policy and implementation process, including the formation of formal, proactive committees to hear and address complaints.46 Identify a focus. To put a rights-based approach into practice, a choice must be made whether the protection, fulfillment or promotion of rights is at stake. Determining the focus of the approach helps improve the development project’s impact by clarifying strategies needed for a specific context. That said, the focus can evolve through the life of the project.47 For example, the ANANDI/TISS study explored ways that women experience vulnerability in the public and private spheres, and situations in which they feel confident to assert their rights. Its analysis found, as expected, that ANANDI’s work on domestic violence and discrimination focuses on the protection of women’s rights. Less obvious was the realization that its work on safe drinking water, fair wages and control also focuses on fulfilling women’s rights. Moreover, ANANDI’s efforts built on each other so that as women’s understanding of their rights increased, their demand for more information and even greater protection of these rights also increased.48

44

Strategic and operational, Section-2, Journal of the international centre for research on Women, P-10, Source: Internet, Date: 20/08/08. 45

Ibid, P-10

46

Ibid, P-10

47

Ibid, P-10

48

Ibid, P-11


Acknowledge that rights are context-specific. Whether working with women, children, the elderly, the disabled, youth or an entire community, a rights-based approach must adapt to the context in which the rights-holders live. Development interventions should be based on a “hierarchy of vulnerabilities” that considers the interplay among gender, class, caste, age, religion, region and other factors.49 For example, the YUVA/ICRW project team recognized the need to engage with social movements and campaigns as part of its response to changes in urban settlement policies and housing demolition in the city of Mumbai. The right to housing for single women had to be placed within the context of a broader struggle to realize the rights of poor and marginalized people, while still maintaining a focus on the particular vulnerabilities of single women.50 Create transparency. A rights-based approach requires a shift from providing services to providing information. As such, access to qualitative and disaggregated data becomes important for prioritizing which rights violations should be targeted through interventions. Similarly, the buy-in and involvement of all stakeholders improves transparency, increasing the likelihood that any new information collected for the intervention will be rigorous and support the fulfillment of rights.51 For example, the SBMA/EGG project team worked with officials at the Department of Education to form a joint committee to investigate girls’ enrollment rates in Tehri Garhwal. This process led to greater openness to accepting the complexities of girls’ enrollment and finding alternative solutions. However, this process also alienated some teachers who were held responsible for providing incorrect data. Transparency, then, is important, but also poses challenges.52 The Think Soft/ASP team approached its goal of reducing hunger and food insecurity by seeking greater transparency and accountability from government programs. They identified the exclusion of eligible residents and inclusion of ineligible residents in the programs, determined food security and hunger levels among the bottom quintile of the population, and investigated deaths in the local community that potentially were due to hunger. This information spurred work with local officials to ensure that new criteria were developed to identify and prioritize the most vulnerable members of the community who needed food support.53 Improve understanding of rights among duty-bearers and strengthen their capacities. The role of duty-bearers – often the governments – is critical to the success of a rights-based approach. The projects profiled in this report had various experiences with government’s role as the protector of rights.54 The Glocal/SHEC team indicated that the change in government in Andhra Pradesh during the course of the project made it difficult to implement a rights-based approach because the 49

Ibid, P-11

50

Ibid, P-11

51

Ibid, P-11

52

Ibid, P-11

53

Ibid, P-11

54

Ibid, P-11


new government had less interest in the right to education or the elimination of child labor. In contrast, the ThinkSoft/ASP team reported having easier access to top leaders in the government and a good level of awareness of the right to food, thanks to a recently proclaimed national commitment to food security. Nonetheless, the project still struggled to engage government officials at the mandal (district) level in considering a rights-based framework for action. The SBMA/EGG project reported a similar experience and found government personnel and departments lacking in their commitment to realizing the right to education for girls. 55 The ANANDI/TISS team indicated that even though many government officials used the correct rhetoric regarding rights-based development, they lacked a firm understanding of what it entailed in terms of policy and program implementation. YUVA also faced a significant challenge while implementing its project, which coincided with large-scale housing evictions and demolitions in Mumbai and shifts in government policies on shelter for the poor and other marginalized groups. In the Sanhita project, the team recognized the need to build the capacity of government, employers and the judiciary to understand and implement rights, and tried to initiate such programs in tandem with advocacy and action efforts on sexual harassment in the workplace.56 These experiences point to the need to include capacity-building strategies in rights-based approaches. Doing so should involve not only those whose rights are violated, but also those who are meant to protect and promote rights (i.e., duty-bearers such as government officials and the judiciary). Efforts to strengthen capacity among duty-bearers.57 should focus not only on legal obligations to uphold rights, but also on fostering views that are sensitive to constructs of gender, class, caste, religion and age— aspects that are particularly significant to the rights of poor and marginalized women and children.58 Hold stakeholders accountable for their responsibilities vis-à-vis the realization of rights. In any rights-based development process, the roles of primary and secondary stakeholders are central to the effective implementation of rights. Rights-holders need to work with their communities and the state to ensure that their rights are recognized, respected, protected, fulfilled and promoted.59 The Think Soft/ASP team found that taking action on rights is not just a matter for the state, but that the communities themselves can redefine rights—a political-legal phenomenon that began to take shape in post-Mandal/Masjid India.13 When individuals come together as a community to seek justice, a powerful dynamic can arise. The ThinkSoft/ASP project formed coalitions of human rights groups, nongovernmental organizations (NGOs) and communitybased organizations (CBOs) to redress rights violations and oversee food security in communities, while also advocating for freedom from hunger and the right to food.60 55

Ibid, P-11

56

Ibid, P-12

57

Ibid, P-12

58

Ibid, P-12

59

Ibid, P-12


Maintain multiple strategies and levels of action. The partners involved in the ICRW-supported projects discovered that they often had to look beyond the specific project strategies and engage a broader range of stakeholders if their goals were to be met. Rights are interrelated and exist along a continuum; they cannot be fulfilled in isolation.61 As a rights-based approach to development is operationalized, a broader range of responses is needed to address the increased awareness of rights that is likely to occur. Projects sought to achieve this by using the media to engage a wider set of stakeholders (as in the Glocal/SHEC project), developing strategies to foment broader social movements as the context of a project changes (YUVA/ICRW), working with communities to improve their ability to take responsibility for demanding fulfillment of their rights (ThinkSoft/ASP), engaging women and local organizations in mapping out a particular right and key emerging issues (ANANDI/TISS), and developing joint action plans with community and government officials (SBMA/EGG).62 Bringing about real change in the lives of women requires empowerment processes that build on individual and collective strengths, a belief in the value of women’s own experiences, and motivation for women to negotiate with and (if necessary) confront power structures. For example, advocacy efforts at the state and national levels, such as food security campaigns, have been meaningful in places like Fangiya village, where women’s groups have closely monitored and led the struggle to make their right to food a reality. 63 A feminist redefinition of the rights-based approach64 Emphasize the social and not just the individual nature of rights, thus shifting the onus of correlative duties from individuals to public agencies. Acknowledge the communal and relational contexts in which individuals act to exercise or pursue their rights. Place rights at the forefront of efforts to fulfill human needs and redistribute resources. Recognize the bearers of rights with regard to self-defined, multiple identities, including gender, class, race and ethnicity. The term “primary stakeholders” used here is what charity and other development approaches refer to as “beneficiaries” or “target community.” Secondary stakeholders include other members of the community and society who have a stake or could have a stake in protection and fulfillment of the primary stakeholders’ rights.65 An important hallmark of IndiHindu groups. Traditional lower castes’ push for an increasing share in the system led to the Mandal Commission, which developed an elaborate quota 60

Ibid, P-12

61

Ibid, P-12

62

Ibid, P-12

63

Ibid, P-12

64

Ibid, P-12

65

Ibid, P-12


system for educational institbuilt on a pre-existing temple at an ancient birth site of a popular Hindu god. The Hindu fundamentalists argued that their right to worship was denied by the existence of the mosque and destroyed the mosque in a public assertion of their right vis-a-vis of the Muslim community. 66 Equipping women with information is another effective strategy. The ANANDI project showed that when women were equipped with new information with respect to their right to food, they demanded and received improved delivery of basic services by the state, such as through the Public Distribution System (PDS). At the same time, simply providing information about rights and speaking the language of food entitlements has not been sufficient.67 The YUVA project’s organization of a collective of single women has gone hand-in-hand with efforts to encourage community leaders to respect the right of these women to housing and to motivate government officials and other advocates to fulfill their responsibility to provide housing.68 Create an enabling process and context. Realizing rights is a process and not an end in itself. In the ANANDI project, the organization used women’s daily problems related to water, fuel, fodder and food as the basis for forming common interest groups. It is by enabling women to analyze their problems in the context of social justice, supporting them in efforts to access government resources, and helping them to deal with local vested interests that they are able to realize their rights. In order to assess whether rights have been realized or not, it is therefore essential to monitor progress on the creation of such “enabling conditions.”69 As the project team concluded, “It is a common experience that when women seek justice and equity in accessing their basic rights to land, water, property, dignity, health care, etc., they often have a long struggle in front of them. They have to first negotiate power relations at the household and the community levels before they negotiate with the state. The women have to overcome fear, restrictions on their mobility, and other patriarchal norms that do not allow them to participate in any decision-making process at any level. They have to simultaneously reexamine the basis of social rights and renegotiate the relationships that have for so long been taken for granted by their families and communities and indeed by themselves, too. The lesson has been that in order for women to assert their rights with the state, or even in the household and community, certain enabling conditions need to be created which allow them to participate in decision-making processes and influence the development discourse.70 Strategies to realize rights A combination of different strategies is required to achieve the objectives of a rights-based approach to development and fulfill the various requirements of a development intervention. This report highlights strategies that worked well for these six projects using a rights-based approach to development. In fact, these strategies are integral to development programming and make the articulation and protection of rights possible. It should be noted that while the strategies can be used alone or in combination with others at different times, the order in which they are presented below is a good general guideline for designing development 66

Ibid, P-13

67

Ibid, P-13

68

Ibid, P-13

69

Ibid, P-13

70

Ibid, P-13


programs that seek to integrate a rights-based approach.71 Participatory action research. The ANANDI/TISS team based its participatory action research on its initial analysis of contextual and causative factors. This analysis then became the foundation of all project action strategies. In fact, the research established linkages among interventions as they evolved and came to be seen by women in the community as expressions of their rights. The research also helped women to identify the specific aspects of the rights that they were trying to protect, fulfill and promote.72 Planning and design. The SBMA/EGG project created a demand-driven model for the education of girls. From the outset, the methodology involved the identification of dutybearers and rights-holders. This model aimed to match the fulfillment of rights with field strategies designed to generate more demand for girls’ education among children, parents and community leaders.73 Organizing into collectives the Glocal/SHEC project’s strategy of forming women’s self-help groups was a significant starting point to facilitate the articulation of rights and prioritize strategies to empower women. The project organized women around the issue of child labor and through the activity of cottonseed farming. A primary objective of the project was women’s capacity building in advocacy and lobbying. Another was to facilitate women’s groups to conduct seed production activities, thereby helping to dispel myths about the inability of adult women to work in cottonseed production and demonstrating new ways to create employment in the agricultural sector.74 Direct interventions. While recognizing that there is a difference between needs and rights, the ThinkSoft/ASP project led to the design and implementation of an intervention that prioritized the fulfillment of needs over rights. The project determined that fulfillment of rights depends on the preparedness of the community to claim its rights, the capacity of dutybearers to fulfill their responsibilities and the accessibility of legal instruments that make the right to food justiciable. Project interventions included a Food Watch Committee, established in a Narayanpet mandal, to monitor the pilot “Food Assurance Scheme” being implemented by the VELUGU project (a government saving and credit program based on a self-help group model); and a self-help group’s establishment of a community kitchen in one of the villages to feed people once a day. The latter relied on local donations of cash, rice and other commodities. The list of deserving families included widows with children, women with chronically ill male partners and a large number of children, the elderly parents of men who had migrated to towns to work, and deserted, single and orphaned women with severe health problems.75 Capacity building. Reflection and analysis were integral components of the Sanhita project’s strategies. Efforts focused on building capacity to improve the ability of rights-holders (victims and/or survivors of sexual harassment in the workplace) to demand their right to work free of harassment; and to raise awareness among duty-bearers (employers in the private and public sectors, members of committees set up to hear complaints and the 71

Ibid, P-13

72

Ibid, P-13

73

Ibid, P-14

74

Ibid, P-14

75

Ibid, P-14


judiciary) of their role in upholding this right. This strategy was important to ensure that sexual harassment in the workplace was viewed by the women themselves, as well as both the harasser and the employer, as an act of violence against female workers.76 Advocacy. The YUVA/ICRW project found that among the project’s potential action strategies, advocacy stood out as one of the best for advancing women’s rights in general and the right to housing in particular. This was largely due to the fact that YUVA already had extensive experience advocating on the issue of housing rights in general, one of several groups focusing on this. At the same time, they understood the specific needs of single women. They found that it was relatively easy to integrate the rights of single women to housing into the larger ongoing discourse.77 Networking. Interaction and outreach both are integral to the success of a rights-based approach to development. Rights are not direct benefits that are provided at a given time, but are fulfilled as part of an ongoing process in which both rights-holders and duty-bearers, along with other stakeholders, act together. The Glocal/SHEC project showed that networking with other NGOs and social investment groups helped to address macro-level issues. For example, pressure from investors and NGOs forced the seed companies (in particular multinational companies) to pay serious attention to the problem of child labor and to agree to collaborate with local NGOs to address it. This joint effort compelled seed companies to develop a clear policy against child labor and to then communicate it to growers. In fact, seed companies announced incentives for the farmers who stopped using child labor and penalties for those who continued the practice, and also agreed to review this and other relevant policies. Syngenta, an active member in this joint initiative, organized a stakeholders meeting in June 2005, at which it and two other companies (Bayer and Emergent Genetics) agreed to raise by 5 percent the procurement price paid to farmers who do not use child labor.78 Organizational development. The ANANDI/TISS study highlights the importance of organizational flexibility, which was key to strengthening women’s empowerment as the project progressed. In this case, the articulation and fulfillment of rights among stakeholders guided the project’s strategic planning, team building and resource generation. The outcomes of this project reflect the fact that the dynamic nature of a rights-based approach can affect an organization’s vision, mission and management.79 Communication and documentation: To ensure that a development process or intervention remains rooted in a framework of rights, it is important to continually generate new ideas and strategies and to learn from previous experiences. A rights-based approach provides an opportunity for a dynamic educational process—an advantage over development that is based solely on service delivery or charity. A critical strategy in this regard is the systematic, creative documentation of the rights in focus. Case studies from the Sanhita project show that for women subjected to sexual harassment, training materials and posters and leaflets on Supreme Court guidelines on sexual harassment in the workplace were effective communications tools. They helped victims to question violations of their rights, raised 76

Ibid, P-14

77

Ibid, P-14

78

Ibid, P-14

79

Ibid, P-14


consciousness and formed the basis for action to protect and promote rights.80 Monitoring and evaluation. As mentioned in Section 1, the key features of a rights-based approach to development include a clear understanding of rights, empowerment, participation, accountability, transparency, non-discrimination and attention to vulnerable groups. These aspects can be realized through both the implementation process and actual project results. Determining the extent to which this happens requires identification of indicators to assess outcomes of the processes that are initiated through development interventions. This may at first appear to be a subjective or purely qualitative view, but the six projects discussed in this report illustrate the importance of monitoring and evaluating both process and outcomes.81 From the perspective of realizing the rights of poor and marginalized women and girls, key indicators linked to a rights-based approach to development will include the following:82 Recognition of vulnerability (e.g., class, caste, religion, age, sex or region) Differentiation between needs and rights when defining project objectives. Participation of stakeholders in determining interventions. Application of negotiation and conflict resolution skills. Articulation of and response to violations of rights. Organization as a collective to fulfill rights. Transparency in decision-making processes. Resistance against duty-bearers. Use of legal instruments that guarantee a particular right. Identification of gaps in legal instruments. Other traditional indicators also should be used to assess project impact. In some of these projects, for example, indicators could include changes in efforts to improve livelihoods and economic conditions; changes in level of access to and control over natural resources; and the degree to which a project has changed levels of political participation and the self-confidence of and sense of safety and security felt by individuals. Chapter-5 Conclusion: We would like to suggest, in conclusion, five skills the development needs to acquire in order to apply the rights-based approach to sustainable development. 1. Identify the elements of a rights-based approach: 2. Balance the necessary cooperation model with the occasional need to use a violations approach to human rights. 3. Apply relevant indicators and benchmarks. 4. Apply the rights approach within the process of development planning. 5. Be attentive to the habits of development partners during project implementation. In our country, “NGO act 1881” does not include human rights. Extra judiciary killing by RAB is the violation of human rights. So the Rights-based model doses not follow

80

Ibid, P-15

81

Ibid, P-15

82

Ibid, P- 15


in Bangladesh. State has no obligation to follow RBA. But the state shall be ensured to follow RBA in their development programming. Bibliography • • • • • • • • • • • • • • • • • •

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Rights Based on Development