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The Human Rights-Based Approach in German Development Cooperation

Folke Kayser folke.kayser@giz.de

Contribution to the DFAT NGO Forum

Dublin, 17 Feb 2012

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Strengthen HR with devt coop

Capacity development of duty-bearers to fulfill HR and of

right-holders to claim and realise HR

Capacity development of duty-bearers to fulfill HR and of

right-holders to claim and realise HR

Reference to and orientation on HR standards from UN treaties and their interpretations

Reference to and orientation on HR standards from UN treaties and their interpretations

Systematic application and promotion of HR principles of non-discrimination,

participation, transparency and accountability

Systematic application and promotion of HR principles of non-discrimination,

participation, transparency and accountability

No violation of HR by devt coopNo violation of HR by devt coop

Understanding of the human rights-based approach (HRBA)

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Claim and realise rights

Fulfil their duties to respect, protect & fulfil rights

Right-holders

“Needy” target groups

“Needy” target groups

Duty-bearers

Statepartners

Statepartners

HRBA: Change of perspectives

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HR instruments useful tools for devt coop:• General Comments & UN guidelines on HR:

Technical benchmarks• State reporting, UPR, Spec. Rapporteurs:

Tools for situation analysis in country

Added value of the HRBA

Focus on structural causes of under-development and conflict: discrimination, unfair power relations, exclusion, violence Greater impact of aid, more sustainable development changes

• Povert y reduction• Gender • Good Governance• Conflict prevention

Linking existing key topics of German devt coop to binding rights Ownership, legitimacy, political lever

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No radical shift, but different perspective. Partly confirmation partly re-orientation of programme design and implementation:

Building capacities and awareness on relevant rights of govt and non-governmental partners, media, parliament

More differentiated data collection

More systematic analysis and inclusion of marginalised groups (e.g. people with disabilities, sexual minorities)

Addressing issues with high HR relevance, focus on quality aspects (e.g. gender-based violence, discrimination in public health facilities, bilingual intercultural education)

Stronger focus on governance issues within technical sectors: participation, transparency , accountability

New alliances and cooperation with civil society and NHRI, strengthening watch dog and advocacy role

ExperienceExperiences with HRBA in health, water and education programmes

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HRBA and specific HR projects possible in every political context, though not always conducive to mention HR explicitly

Kenya welcomed HRBA as additional political lever for pro-poor water policies: added legitimacy, more endogenous funds, argument towards WB, concrete policy benchmarks

Constructive engagement more effective than blaming: Bangladesh: prison reform first addressed via “technical issues” (public health, security) now Bangladesh proud of advances in HR

Addressing HR in political dialogue: important; using both incentives and careful and well-targeted aid conditionalities

HRBA often makes aid more political – also in technical sectors

HRBA greater effort in the short run but better development results in the long run

ExperienceExperiences with HRBA at political level

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Important to overcome misconceptions about HR: extensive capacity building

Make HRBA concrete and understandable at programme level: intensive advisory work

Mainstreaming fatigue: but HR can serve as conceptual bracket for other topics

Focus on instrumental rather than on normative value of HR for development

Reputational risks from HR most effective driver for management commitment

ExperienceExperiences with HRBA from the organisational perspective

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Human Rights

Right- holders

Duty-bearers

Rights KnowClaimRealize

Rights RespectProtectFulfil

AvailabilityAccessibility Adequacy Quality

National Law

Policies Strategies

Capacity development

Awareness building

Capacity development

Awareness building

ParticipationEmpowerment

TransparencyAccountability

Non-discriminationEquality of opportunities

Model of the HRBA

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Right to gain a living by work

Right to own property

Decent and fair conditions of work

Right to an adequate standard of living

Right to food, housing, water, sanitation

Right to education, right to health

Right to life, liberty and security of person

Prohibition of torture, right to a fair trial

Right to social security

Right to information, right to take part in public affairs

Freedom of opinion, freedom of assembly, freedom of association

Inviolable human dignity

Right to non-discrimination

Right to take part in cultural life and to enjoy the benefits of scientific progress

PoliticalRights, influence,

freedom

PoliticalRights, influence,

freedom

Human Health, nutrition,

education

Human Health, nutrition,

education

Socio-culturalStatus, dignity

Socio-culturalStatus, dignity

Security-relatedHuman security,

vulnerability

Security-relatedHuman security,

vulnerability

EconomicIncome, property,

consumption

EconomicIncome, property,

consumption

Human rights and poverty dimensions