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.