A Human Rights-Based Approach

March 2018

Vincenza Nazzari, Director of Education

Jean-Sébastien Vallée, Senior Education Specialist

Equitas

Presentation outline

• What is a human rights-based

approach (HRBA)?

• Donors and HRBA

• Canada’s Official Development Assistance

Accountability Act (2008) and HRBA

• Canada’s Feminist International Assistance

Policy (2017) and HRBA

• Human rights and the environment

• Opportunities moving forward

What is HRBA?

A conceptual framework that:

• equates development to the realization of all

human rights for all

• is based on international human rights

standards and aims to promote and protect

human rights

• views development as human development

and socio-economic development

• emphasizes a more holistic, participatory

and accountable process - not only results

• Identifies rights-holders and duty bearers

From needs to rights – HRBA paradigm shift

Basic Needs and Sustainable

Livelihoods approaches

View beneficiaries as

stakeholders

Needs are met through charity

and benevolence

Do not take power relations into

account (can produce/reproduce

deprivation)

Needs are met and satisfied

Basic needs can be met through

outcome strategies

HRBA

View beneficiaries as rights-

holders and duty-bearers

Development is an entitlement

Provides a framework for the

analysis of power and authority

Rights are realised (respected,

protected and fulfilled)

Attention is paid equally to

outcome and process

HRBA cont’d

Rights-holders and duty-bearers

A rights-holder (every human being):• 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

A duty-bearer (States):• Has the obligation to respect, protect, and

fulfill the rights of the rights-holders

HRBA cont’d

The elements of HRBA

• Participation

• Accountability

• Non-discrimination and equality

• Empowerment

• Links to human rights

How to implement HRBA –a five-step process

• Context analysis in human-rights terms• Identify rights-holders and duty-bearers• Capacity analysis (rights-holders and duty-

bearers)• Identifying results and indicators• Identifying entry points

Apply principles at all stages

HRBA cont’d

HRBA cont’d

Three main rationales for a human-rights based approach:

- it is the right thing to do morally or legally

- it leads to better and more sustainable human development outcomes

- it requires viewing situations and challenges through a holistic lens guided by international human rights principles and standards

Why HRBA?

What value does HRBA add to development?

• Focuses on realization of the rights of the excluded and marginalized populations (universality of rights)

• Holistic view

• Participatory process

• Transparency and accountability

• Monitoring

• Sustained results

HRBA cont’d

Donors and HRBA

World Bank/OECD 2013 study of bilateral and multilateral donor practices

• No overall human rights policies (17)

• Established human rights policies (19)(bilateral donors include Canada, Switzerland, Finland, Austria, New Zealand, UK)

• Human rights-based approaches (7)(bilateral donors include Germany, Netherlands, Sweden, Denmark)

HRBA cont’d

Official Development Assistance Accountability Act (ODAAA, 2008)

Central focus of ODAAA:

- poverty reduction in a manner consistent with Canadian values

Conditions for the provision of ODAAA:

- Contributes to poverty reduction

- Takes into account the perspectives of the poor

- Is consistent with international human rights standards

GAC – Advancing human rights guidelines – November 2017

• Guidance on how to incorporate a human rights perspective throughout the lifecycle of international development project

• Includes “how to” information on:

▪ Conducting context analysis through a human rights lens

▪ Considering human rights in planning and design of initiatives

▪ Addressing human rights in implementation, monitoring and evaluation

Canada’s Feminist International Assistance Policy (2017)

Policy focus over the next 5 years:

Gender Equality and Empowerment

of Women and Girls (95%)

• A core action area of programming (15%)

• The exclusive programmatic emphasis

in 5 other action areas (80%)

Feminist Policy link withCanada’s Official Development Assistance Accountability Act

NEW Policy acknowledges requirements set

out in the Act that all official development

assistance:

• Contributes to poverty reduction

• Takes into account the perspective of the

poor

• Is consistent with international human rights

standards

Feminist Policy and HRBA

• Explicit reference to HRBA :

“Canada is committed to providing

international assistance that is human

rights-based and inclusive.” (p.9)

• Elements of HRBA implicit in some Areas

for Action (e.g. Act. 2-human dignity)

Human rights and the

environment

Environmental sustainability and the promotion of

human rights are closely linked.

• Food, water, disease management, climate

regulation, spiritual fulfilment are preconditions

for the full enjoyment of human rights.

• Promotion of environmental sustainability

informed by human rights (right to information,

public participation in decision-making and

access to justice).

Sustainable development activities must take into

account the impact on human rights and the

environment.

Challenges

• Lack of capacity and expertise to work with human rights concepts

• Lack of resources and support to integrate HRBA

• Resistance from target populations and their societies (governments)

• Difficulty identifying and working with local partners and building real participation

What’s needed?

Greater guidance on

the HOW to!!!!

Opportunities to move the human rights agenda forward

“CSOs are effective as

development actors when

they develop and implement

strategies, activities and

practices that promote

individual and collective

human rights, including the

right to development, with

dignity, decent work, social

justice and equity for all

people.”Istanbul Principle No. 1

Opportunities cont’d

Sustainable Development Goals 2030 (September 2015)

Goal 1:

End poverty in all its

forms everywhere

Opportunities cont’d

Learning from others & each other • Applying a rights-based approach: An inspirational guide for civil

society, Jakob Kirkemann Boesen & Tomas Martin, The Danish Institute for

Human Rights, 2007, Available: https://www.crin.org/en/docs/dihr_rba.pdf

• A human rights-based approach to disability in development: Entry points

for development organisations, GIZ, 2012

https://www.cbm.org/article/downloads/54741/A_human_rights-

based_approach_to_disability_in_development.pdf

• People’s Action in Practice, ActionAid, 2012,

http://www.actionaid.org/sites/files/actionaid/peoples_action_in_practice_english

_amended_kcp7.pdf

Opportunities cont’d• Advancing human rights, Government of Canada, November 2017,

http://international.gc.ca/world-monde/funding-

financement/advancing_human_rights-

promouvoir_droits_personne.aspx?lang=eng

• UNICEF, 2015, Introduction to the Human Rights-Based Approach – A

Guide for Finnish NGOs and Their Partners, http://hrbaportal.org/wp-

content/files/HRBA_manuaali_FINAL_pdf_small2.pdf

• The Danish Institute for Human Rights, SDGs and human rights

monitoring: Guidance for national implementation, 2015,

https://www.humanrights.dk/files/media/dokumenter/sdg/sdgs_and_human_right

s_monitoring.pdf

• Implementing a Human Rights-Based Approach: Lessons from the

experience of providers of international assistance Brian Tomlinson,

AidWatch Canada August 2017 http://aidwatchcanada.ca/wp-

content/uploads/2017/11/Final-Implementing-a-HRBA-by-Providers.pdf

Opportunities cont’d• Factsheet on Human Rigths and the Environment, Division of

Environmental Law & Conventions, United Nations Environment

Programme (UNEP). Nairobi, June 2015.

https://wedocs.unep.org/bitstream/handle/20.500.11822/9933/factsheet-human-

rightsenvironment.pdf?sequence=1&isAllowed=y

“We will not enjoy development without security, we will not enjoy security without development, and we will not enjoy either without respect for human rights. Unless all these causes are advanced, none will succeed.”

Kofi Annan“In Larger Freedom: Towards Development, Security and Human Rights For All”, Report of the United Nations Secretary General, May 2005.

Thank you