Transcript Slide 1

Human Rights in the context of
UN Reform
Session 1
Action 2
Learning Human
Rights Together
The UN and Human Rights
Group exercise!
At your table discuss together and agree:

What are the 3 main challenges in
furthering the integration of human
rights in UNCT work?
3 cards per Table!
Human rights in UN
...To achieve
international
cooperation…in
promoting and
encouraging respect
for human rights and
for fundamental
freedoms…
--UN Charter, art. 1
UN Charter
UDHR
Cold War
Development
Human Rights
Peace & Security
humanitarian action
Vienna
Copenhagen
Cairo
UN Reform
Agenda
Beijing
1997/2005
Milestones of the UN Reform
1993
UN World Conference on Human Rights, Vienna
Post of UN High Commissioner for Human Rights created
(GA Res. 48/141)
1995
Beijing Platform of Action
1997
SG Reform Programme-human rights are inherent to the
promotion of peace, security, economic prosperity and social
equity
2000
Millennium Summit/Declaration
2002
SG Agenda for Further Change- human rights are a
bedrock requirement for development
2005
World Summit Outcome Document- support the further
mainstreaming of human rights throughout the UN System
UN Agency and Interagency
Commitments to Human Rights
Agency level:
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HR are Integrated in the mandates and policies of UN
agencies, funds, programmes and specialized agencies
Inter-agency level:
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UN Common Understanding on HRBA to Development
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Action 2 Plan of Action (UNDG, ECHA and OHCHR)
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Increasing number of UNCTs have adopted the HRBA
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Revised CCA/UNDAF Guidelines
“In Larger Freedom”
Humanity will not enjoy ...
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security without development
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development without security
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either security or development without
respect for human rights
The linkages between…
Human Development…
Is the process of enhancing
people’s capabilities to
expand choices and
opportunities so that each
person can lead a life of
respect and value
freedom and dignity need the
legal guarantees of human rights
to avoid being threatened
…and Human rights…
All people have claims to social
arrangements that protect them
from the worst abuses and
deprivations-and that secure the
freedom for a life of dignity
The realization of human rights
requires capacities that
development can make possible
Human Rights and MDGs
Reciprocal relationship
Similarities:
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Common objectives
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Both provide tools for
accountability
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Programming complementarities:
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Identify for each MDG the interrelated
human rights and the steps to be taken to
realize those rights in national context
Progressively realized
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Human rights standards add quality to
MDGs numeric targets
Similar guiding
principles
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human rights adds quality to the process for
achieving MDGs
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Human rights help reduce disparities in
human development
Gender equality is
integral to both human
rights and the MDGs
The Linkages Between…
Gender Mainstreaming
Assesses the implications for both
women and men of any planned
action, and makes both women and
men’s concern integral to all phases
of the programming process
Ultimate goal is gender equality
and Women’s Human Rights
- legal demand for non-discrimination
- CEDAW is one of the core international
human rights treaties
- Women’s human rights are central to
the application of a HRBA
- Ultimate goal is to achieve gender
equality, and realise all human rights
equally for all women and men.
Poverty, according to the
poor …
Gender relationships : Unequal, burden on women,
domestic violence
Social situation: Exclusion, discrimination, alienation
Security: Fear and lack of protection against violence
and abuse by the police, employers and criminals
The rulers: arrogant and abusive
Public institutions: not accountable, no remedy
against corruption and injustice
Strategies for HR and Dev:
Differences and overlaps
Selected
strategies for
poverty
reduction
Selected
strategies for
human rights
Monitoring
international
commitments
Individual petitions
Reporting violations
Advocacy, education
Investigations
Governance
Participation
Access to justice
Access to
education
Access to
healthcare
Social protection
Decent work
Macroeconomic
stabilization
Fiscal reform
Pro-poor growth
Private sector
development
Opportunities and challenges
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Strengthening normative and operational
linkages
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Increasing coherence at country level
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HRBA contributes to increasing
effectiveness, impact and UN’s added
value
“Development should not be a
privilege of the few, but a right for
all.”
Global, Regional and National
Human Rights Systems
Session 2
Action 2
Learning Human
Rights Together
What is a right?
“That which a person is entitled to have, to
do, or to receive from others, and which is
enforceable by law.”
What are Human Rights?
 Universal legal guarantees
 Civil, political, economic, social and cultural
 Protect human values (freedom, equality, dignity)
 Belong to individuals and, to some extent, groups
 Grounded in international norms and standards
 Legally binding on States
Human Rights Obligations
Duty-bearers
Respect
Protect
refrain from
interfering with the
enjoyment of the
right
Fulfill
prevent others
from interfering
with the enjoyment
of a right
Immediate
adopt appropriate
measures towards
full realization of
the right
Progressive
Human Rights Systems
ICCPR
ICESCR
CERD
CRC
CRPD
CEDAW
UN Charter
UDHR
HRC
Other
International
Instruments
National
Protection
Systems
CAT
CMW
Regional
Regimes
Group exercise!
At your table discuss together and agree:
Q: What are 3 main challenges and
opportunities for the UNCT to work with
HR mechanisms?
3 challenges
3 opportunities
Yellow
Blue
National Protection System
Ensuring sustainable respect for human rights requires:
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Constitutional and legislative framework
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Effective Institutions (Parliaments, Governments,
Judiciary, public administration, HR institutions)
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Procedures and processes for protection including
remedy
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Policies and programmes for raising awareness
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Vibrant civil society
Regional Human Rights Systems
Instruments
Europe:
European Convention for the
Protection of human Rights and
fundamental freedoms
Americas:
American Convention on Human
Rights and San Jose pact on
Economic, Social and Cultural Rights
Africa:
African Charter on Human and
People’s Rights
Arab States:
Arab Charter on Human Rights
Mechanisms
European Court of Human Rights
Inter-American Commission of
HR
Inter-American Court of Human
Rights
African Commission on Human and
People’s Rights
African Court on Human and
People’s Rights
International human rights
mechanism
Charterbased
Treaty-based
Special
Procedures
Universal
Periodic Review
CRPD
CMW
CRC
CAT
CEDAW
CERD
HRC
CESCR
Human Rights
Council
Links between national,
regional and global systems
global & regional norms
require national
implementation
Global & regional
protection are
complementary
Int’l
Global & regional
protection if national
remedies have been
exhausted
Regional
National
National norms should be
consistent with global and
regional standards
Treaty bodies
Treaty bodies monitor and facilitate the implementation
of the treaties through:
Reviewing
State Party reports and additional sources of
information
Adopting
observations and recommendations
Adopting
General Comments on HR Standards
contained in the treaty
Examining
Making
individual complaints (some of them)
confidential inquiries (some of them)
Human Rights Council
(Charter-based bodies)
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Promotes universal
protection
Addresses and prevents
violations
Develops international
law
Reviews compliance of
Member States
Respond to emergencies
International forum for
dialogue
Universal
Periodic
Review
Special
Procedures
Advisory
Committee
Complaint
Procedures
Universal Periodic Review

Review the fulfillment of the human rights
obligations of all countries
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All Member States will be reviewed within
4 years (48 States per year)
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Review will be carried out by “peers”
(groups of three Member States)
Special Procedures
Country mandates
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Burundi
Cambodia
DPR Korea
DR Congo
Haiti
Liberia
Myanmar
Occupied
Palestinian
Territories
Somalia
Sudan
Thematic mandates
► Adequate housing ► African descent ►
Arbitrary detention ► Sale of children, child
prostitution and child pornography ► Right to
education ► Enforced disappearances ►
Extrajudicial executions ► Extreme poverty ►
Right to food ► Right to freedom of opinion and
expression ► Right to health ► Human rights
defenders ► Independence of judges and
lawyers ► Indigenous people ► IDPs ► Use of
mercenaries ► Migrants ► Minority issues ►
Racism ► International solidarity ► Economic
reform and foreign debt ► Terrorism ► Torture ►
Toxic waste ► Transnational corporations and
other business ► Trafficking ► Violence against
women
Treaty bodies
Provides its
Own inputs
Concluding
observations
State reports
Shadow reports
UNCT
Supports
reporting
Process
Programmes
support State
implementation
State
Civil Society
Special Procedures:
Country Visits
Communications, Statements
Thematic studies
Provide
Information and
extend invitations
for visits
Awareness
Supports
Country
Visits
UNCT
e.g. urgent actions
State
Civil Society
Advocacy and
Follow-up
Report to HRC:
Observations and
Recommendations
Programmes
support State
implementation
To sum up: Instrumental Value of
International Mechanisms in UN work
Country-based
observations and
recommendation
Assessment tool: Identify main development
and human rights problems
Analytical tool: Help understand underlying and
Global
Treaty Bodies'
General Comments
Special procedures’
Thematic studies
root causes of development problems
Programming tool: Identify specific actions
Advocacy tool: bring attention to sensitive
issues at a legal, policy, budget or practice level
Check on….
…Status of ratification
http://www.ohchr.org/english/countries
…Whether a Country’s pledge to the HRC exists
…Recent Treaty Body concluding observations
…Recent State reports to Treaty Bodies
…Recent visits of Special Rapporteurs or statements
and communications on the country
…Calendar of upcoming events and SP country visits
The Human Rights Based Approach
in the Programming Process
Session 3
Action 2
Learning Human
Rights Together
Why a human rights-based approach
to development programming?
Intrinsic value
Instrumental to development strategies
Institutional reasons
What is a
human rights-based approach?
What is NOT a HRBA …
Rhetorical repackaging
Human rights activities
Political conditionality
What is a
Human Rights Based Approach?
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A process that is normatively based on international HR
standards and principles
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Focuses on disadvantages, discrimination and
marginalisation in the development process
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It aims for the progressive achievement of all human rights
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It recognizes human beings as rights-holders and establishes
obligations for duty-bearers.
The UN common understanding
on the HRBA
GOAL
1.
PROCESS
2.
All programmes of development co-operation, policies and
technical assistance should further the realization of human
rights as laid down in the UDHR and other international human
rights instruments
Human rights standards and principles guide all development
cooperation and programming in all sectors and in all phases
of the programming process
OUTCOME
3.
Development cooperation contributes to the development of
the capacities of ‘duty-bearers’ to meet their obligations and/or
of ‘rights-holders’ to claim their rights
GOAL
1.
All programmes of development co-operation
should further the realization of human rights
as laid down in the UDHR and other
international human rights instruments
Programming strengthened by
Human Rights Mechanisms
 Human
 Treaty
Rights Treaties
Bodies
 Special
Procedures
PROCESS
Human rights standards and principles guide
all development cooperation and
programming in all sectors and in all phases
of the programming process
Human Rights Systems
ICCPR
ICESCR
CERD
CRC
CRPD
CEDAW
UN Charter
UDHR
HRC
Other
International
Instruments
National
Protection
Systems
CAT
CMW
Regional
Regimes
Human Rights Principles
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Universality and inalienability
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Indivisibility
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Interdependence and Interrelatedness
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Equality and non-discrimination
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Participation and inclusion
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Accountability and rule of law
…The integration of human rights
principles and standards into all stages
of the programming process…
ASSESSMENT & ANALYSIS
MONITORING AND
EVALUATION
IMPLEMENTATION
PRIORITY SETTING
PROGRAMME PLANNING
AND DESIGN
OUTCOME
Development cooperation contributes to the
development of the capacities of ‘dutybearers’ to meet their obligations and/or of
‘rights-holders’ to claim their rights
Rights-holder and Duty-bearers
Right-holders:
6,652,595,567 persons
Duty-bearers:
Much less
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Every individual, either a
man woman or child, of
any race, ethnic group or
social condition
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To some extent groups
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Primarily States
In some cases individuals
have specific obligations
Individuals and private
entities have generic
responsibilities towards the
community to respect the
rights of others
The role of Capacity Development
REALISATION OF HUMAN
RIGHTS AND HUMAN
DEVELOPMENT GOALS
CLAIMING AND
EXERCISING
RIGHTS
FULFILLING
OBLIGATIONS
HUMAN RIGHTS-BASED CAPACITY DEVELOPMENT
CAPACITIES FOR
EMPOWERMENT
CAPACITIES FOR
ACCOUNTABILITY
The HRBA in UN Programming
Analysis
Analysis of
Development
challenges
UNDAF
UNDAF Outcomes
Empowered
-Causal connections
rights-holders
of rights
and accountable
- patterns of discrim.
duty-bearers
inequality, and exclus. contribute to
the realization
-Capacity gaps of
of human rights
RHs and DBs
CPs
CP outcomes
Strengthened
capacity of
rights-holders
and
duty-bearers
M&E
M&E
Systems
Mechanisms
for participat.
of RHs & DBs
in programme
monitoring
Human Rights Principles
in Action
Session 3
(continued)
Action 2
Learning Human
Rights Together
Practicing the HRBA
Group Work Instructions
Action 2
Learning Human
Rights Together
Group exercise
(30 minutes)
Form 6 groups; each group takes one of the human rights
principles
Review the Stamford Common Understanding on HRBA
(handout) and for the human rights principle assigned,
discuss:
Q: What are the major implications of applying
this principle for country programming?
Summarise your response on not more than 1 sheet of flip
chart paper
Group Exercise
Exercise: Human Rights Principles
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Equality and Non-discrimination
Participation and Inclusion
Accountability and the Rule of Law
Unpack the meaning of the Principles (6 groups)
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Develop maximum 3 questions to address the unpacked
content of the principles in a manner that can be used
while devising a program
Equality and Non-Discrimination
All human beings are entitled to their human
rights without discrimination of any kind, on
the grounds of race, colour, sex, ethnicity, age,
language, religion, political or other opinion,
national or social origin, disability, property,
birth or other status explained by the human
rights treaty bodies.
Participation and Inclusion

Every person and all peoples are entitled to
active, free and meaningful participation in,
contribution to, and enjoyment of civil,
economic, social, cultural and political
development in which human rights and
fundamental freedoms can be realized.
Accountability and the Rule of Law
States and other duty-bearers are answerable
for the observance of human rights. In this
regard, they have to comply with legal norms
and standards enshrined in human rights
instruments. Where they fail to do so,
aggrieved rights-holders are entitled to initiate
proceedings for appropriate redress before a
competent court or other adjudicator, in
accordance with the rules and procedures
provided by law.