WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Dr. Bård Anders Andreassen, NCHR, UO

Introduction

- The Nobel Symposium on the Right to Development (RtD), October 2003. Sen, Sengupta, Alston

Two main points - the vagueness of the notion of RtD - the failure of the human rights community to interact:

The development community has not embraced the RtD

- The Rights-based Approach to development seen as an alternative to the right to development. Why? Imply?

Three topics

1. What is the current debate on the RtD?

2. What is the relationship between the RtD and the rights-based approach to development?

3. How can a rights-based approach to development influence development

- in terms of substance - in terms of process?- Handbook in Human Rights

Assessment

WB SEMINAR ON THE RIGHT TO DEVELOPMENT,

WASHINGTON 12 05 05

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

History of the concept

• UN Charter (55), common article 1 of the ICESCR and ICCPR

• K. M’Baye 1966, and 1970

• 1977: the HR Commission» Study on the international dimensions of the right to development ; » how are international and global issues linked to obstacles to human rights

realization (“root causes”)?

• The Declaration adopted in 1986, 146/1/8: Resolution, not binding, but reflects general international law

» Reconfirmed in Vienna 1993

• 1998: Open-ended working group of experts, and an Independent Expert. Arjun Sengupta

» 5 reports, follow up by Sub-Commission • High Commissioner of HR - high priority to RtD (Robinson)

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

The UN Declaration on the Right to Development Article 1

• “ …. an inalienable right by virtue of which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development

• …….. in which all human rights and fundamental freedoms can be fully realised”

• persons/peoples are entitled to “participate in, contribute to and enjoy” processes of development

• “the human person is the central subject of development“ in the sense of being the “active participant and beneficiary of the right to development” Article 2 (1)

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Key components

• Right to Development as a composite right» not just the sum of all human rights

» if one right is violated, all rights are affected

» ”causality” of rights

» normative ”interconectedness”

» Requires availability and access to sufficent resources incl. economic growth and international co-operation

• The importance of participation » rights of human agency: information, association,

organisation, expression etc

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Key components, cont’d

• Operationalisation of the RtD» RtD is right to a process » progressive realization of all human rights» capability approach to development (Amartya Sen)

• Basic needs and social justice: article 2.3: “the fair distribution of the benefits resulting from” development

• National policies (art 2.3, 3.1, 8); international obligations (art 3,4,7)

• focuses on three sets of rights: • the right to health, food and education

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Operationalisation

• Development compact (RtD-DC) involves» Focusing on selected rights, eg. MDG consistent with human rights

goals» Designing a national development programme, human rights-based» Accontability incl. consultation nwith stakeholders (civil society etc)» International collaboration and commitment: “contractual”» International fund for development compacts?» Assessing results» Monitoring mechanisms

• Development compact as an “ideal model” of rights-based international cooperation?

» NEPAD» PRSPs» WBs CDFs etc

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Value added of the RtD? If the RtD represents a realisation of all sectors of HRs, what is

being added?

• Complementarity among rights, not least between economic and social rights to health, food, education, and civil and political rights

» Causal connections

• Helps to focus on process (obligation of conduct) and not just outcome (obligation of result): popular involvement and participation

• International cooperation as a human rights obligation» Imperfect obligations

• A holisitic view of development, using human rights as standards

• Development compacts as operationalisation?

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Arguments against the RtD, obstacles

• duty-holder– Perfect and imperfect obligations

• what is the substantive content

• justiciability issue – an integrated approach fo justiciability?

• when is the right violated– how to measure

• what are the enforcement remedies

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

The rights-based approach to development

• An alternative to the right to development?– less controversial– a more operational concept in bringing HR and development together?

• Main issue: Mainstreaming of human rights in policies and development interventions

• Main components» Goal of development – expand and ensure HR» Process: participatory, accountable, non-discriminatory» Emphasises the prime responsibility of the State

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

How can a rights-based approach to development influence development programs?

Handbook in Human Rights Assessment: State Obligations, Awareness and Empowerment (NORAD/NCHR 2001)

Purpose of the Handbook- a tool for assessing the human rights dimensions, and

effects of developments projects- perceived/real effects may be explicit- perceived/real effects may be indirect - identify: likeliness of positive/negative effects

- to ensure that development aid projects do not hamper or impede international human rights standards

WB SEMINAR ON THE RIGHT TO DEVELOPMENT, WASHINGTON 12 05 05

Scope of the Handbook

• The various stages of the Project Cycle– Preparatory phase:

- the (draft) project document- appropriation- agreement

– Implementation phase:– Follow up and mid-term review

• To identify the need for a full scale human rights impact analysis, or to obtain more information

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Human Rights Assessment rests on two pillars

- the implementation of the state’s treaty obligations- the ability of individuals/groups to claim their rights through awareness, empowerment and participation

Rights empowerment involves• power to influence public decisions• power to participate in decision-making• power to express issues for public debate• power to negotiate on values and interest• power to influence traditions and customs

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The Human Rights Assessment Model addresses whether

and to what extent a project• is consistent with human rights treaty obligations or the

partner country

• enhances human rights awareness within the target population and/or other persons/groups affected by the project

• empowers people targeted or otherwise affected to exercise and enjoy their human rights

• enhances the involvement of people in local and national decision-making, and planning/implementaiton of development projects