rights-based approach to development trilochan pokharel & anil gupta, nasc
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RIGHTS-BASED APPROACH TO DEVELOPMENT
Trilochan Pokharel & Anil Gupta, NASC
Presentation Outline
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1. Policy Discourse2. Principles and Concept of RBA3. Application of RBA4. Issues about RBA5. Conclusion
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Policy Discourse
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Charity Approach Needs Approach Rights-based Approach
Focus on input not outcome
Focus on input and output
Focus on process andoutcome
Emphasizes increasingcharity
Emphasizes meeting needs
Emphasizes realizing rights
Recognizes moral responsibility of richtowards poor
Recognizes needs asvalid claims
Recognizes individual and group rightsas claims toward legal and moralduty-bearers
Contd…
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Charity Approach Needs Approach Rights-based Approach
Individuals are seenas victims
Individuals are objects of developmentinterventions
Individuals and groupsare empowered to claimtheir rights
Individuals deserveassistance
Individuals deserveassistance
Individuals are entitledto assistance
Focuses on manifestationof problems
Focuses on immediatecauses of problems
Focuses on structural causes and theirmanifestations
Generations of human rights
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First generation rights - civil and political (CP) rights (the right to a trial, not to be tortured),
Second generation rights - economic, social and cultural (ESC) rights (the right to food, housing, a job)
Third generation rights – environmental security, development
Fourth generation –???
Who is right-holder?
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A rights-holder, is entitled to rights is entitled to claim rights is entitled to hold the duty-bearer
accountable has a responsibility to respect the rights
of others
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Concept of RBA and Guiding Principles
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Concept of RBA
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Recognizing people’s needs as rights (i.e. not only do people have a need for clean drinking water but they also have a right to it).
It shifts focus of development from servicing needs to building capacity of individuals and communities to understand, claim and fulfill their rights.
It is conscious and systematic integration of rights and principles into development work.
Contd...
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It emphasizes and deepens participation. It empowers marginalized communities. It encourages local ownership of
development programmes. It leads to greater accountability from all
actors at all levels. It provides tools for dialogue and
engagement with duty-bearers.
Guiding Principles of RBA
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Universality and inalienability Indivisibility Interdependence and interrelatedness Equality and non-discrimination Participation and inclusion Accountability and the rule of law
Why RBA to development?
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Normative reasonsRBA puts values and politics at the centre of
developmentA vision of what ought to be
Programme reasonsA means to ensure accountability including non-state
actorsRights imply duties and duties demand accountability
Ethical reasonsExposes power relationships in societySharpens the political edge of participation
What can we do with RBA?
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RBA to development sets the achievement of human rights as an objective of development.
It uses thinking about human rights as the scaffolding of development policy.
It invokes the international apparatus of human rights accountability in support of development action.
Essential Human Rights to Development
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Human rights necessary for survival and dignified livinginclude: The rights to life and liberty The right to a standard of living adequate for health and
wellbeing of the individual and his/her family The right to social protection in times of need The right to the highest attainable standard of physical
and mental health The right to work and to just and favourable conditions
of work The rights to food, and housing The rights to privacy and to family life
Contd...
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Human rights also cover those rights and freedoms necessary for human dignity, creativity and intellectual and spiritual development, for example:
The right to education and to access to information
Freedoms of religion, opinion, speech, and expression
Freedom of association The right to participate in the political
process The right to participate in cultural life
Contd...
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They also include those rights necessary for liberty and physical security, for example:
Freedom from slavery or servitude The right to security of person (physical
integrity) The right to be free from arbitrary arrest or
imprisonment Freedom from torture and from cruel,
inhuman or degrading treatment or punishment.
Contd...
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Cross-cutting are the twin principles of the equal rights of women and men, and the prohibition of discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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Application of RBA
Human Rights Dimensions
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Aspects of HR Respect Protect Fulfill
Civil and political rights
Torture, extra-judicial killings, disappearance,arbitrary detention, unfairtrials, electoral intimidation, disenfranchisement
Measures to prevent non-state actorsfrom committing violations, such astorture, extra-judicial killings, disappearance,abduction, and electoralintimidation.
Investment in judiciaries, prisons, policeforces, and elections, and resource allocationsto ability
Human Rights Dimensions
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Aspects of HR Respect Protect Fulfill
Economic, social and cultural rights
Ethnic, racial, gender or linguisticdiscrimination in health, education,and welfare and resource allocationsbelow ability
Measures to prevent non-state actorsfrom engaging in discriminatorybehaviour that limits access to health,education, and other welfare
Progressive realizationInvestment in health, education, andwelfare, and resource allocations toability
A process example…
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Some questions with human face!
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Are human rights relevant to your work?RBA to development planning is about safeguarding basic rights both during planning and implementation and should be a guide in programme design and resource allocation at all levels.
Contd…
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Is there human face visible in your planning? Pro-people planning Participation Voice
Has your plan ensured quality growth? Participation Pro-poor growth Reducing inequality Sustainable growth
Focus Area…
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Most Vulnerable Root Causes Rights-holders and duty bearers Empowerment
RBA – a crosscutting issue
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Process of RBA
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Process
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Mainstreaming rights into development
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Change the view of development (e.g. poverty) View development as question Form, mobilize and empower peoples
organizations Ensure equal access, control and ownership
over public resources Mobilize public resources in a sustained and
proper way Regarding service receivers as the strength
Issues related to RBA
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Hierarchy of rights Balancing individual and collective rights (and
responsibilities) Progressive realization- resource constraints Role of international and non-state duty
bearers Measuring accountability Legal status of accountability Planning process- bottom-up vs top down Policy analysis – macro vs micro
What determine application of RBA
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Ability factors – governance, society and international systems
Willingness factors – commitment, confidence, values
Instrumentality factors – moral, legal and techno-managerial instruments
Environmental factors
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Conclusion
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Owners of resources are the people Poor, women, Dalits, victimized and the
ethnic minorities must get equal opportunity An environment where people can get
education, health services, social security and freedom to participate in politics must be made
Participation must be broad and meaningful
Contd...
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Active participation of the targeted people is a must in the decision making process of every development activities
Access to resource and control over it must be vested upon the poor and the voiceless people
Enhance self reliance and help each other to solve common problems
Establish basic needs as basic rights Outcomes and processes
Suggested readings
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McInerney Lankford, Siobhan & Sano, Hans-Otto, 2010, Human Rights Indicators in Development: An Introduction, Washington DC: The World Bank.
Boesen, J. K., & Martin, T., 2007, Applying A Rights-Based Approach: An International Guide for Civil Soceity, Copenhagen: The Danish Institute for Human Rights.
National Planning Commission, 2011, Three Year Plan 2010/11-2012/13, Kathmandu: National Planning Commission.
UNDP, 2006, Applying A Human Rights-Based Approach to Development Cooperation and Programming, New York: UNDP.
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