Human rights and HRBA In the context of local governance and

decentralization

Louise Nylin

Human Rights Specialist

Bratislava Regional Center Joint CoP meeting, Yerevan, 13 June 2006

Overview of presentation

• Human rights in UNDP

• The Human Rights Based Approach to Development Programming (HRBA)

• Human rights and HRBA in the context of Local governance and decentralization

• Q & A

UNDP’s mandate in human rights*

1Supporting the strengthening of national

human rights systems (Ombuds inst.)2

Promoting the application of a human rights-based approach to development

programming (CCA/UNDAF, HURIST missions, OHCHR)

3Greater engagement with the international

human rights machinery (Special procedures, S.R’s, etc.)

* UNDP Practice note, 2005

The Human Rights Based Approach to Development Programming (HRBA)

UN Common Understanding • UN DGO definition agreed on in 2003

• 3 Parts:

All programmes of development cooperation and technical assistance should further the realization of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments.

UN human rights treaties

• The six core human rights treaties are:

• International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

• International Covenant on Economic, Social and Cultural Rights (CESCR)

• International Covenant on Civil and Political Rights (CCPR)

• Convention on the Elimination of all forms of Discrimination against Women (CEDAW)

• Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

• Convention on the Rights of the Child (CRC)

UN Common Understanding (cont.)

Human Rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other International human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process.

Human rights principles

• Universality and inalienability: Human rights are universal and inalienable. All people everywhere in the world are entitled to them.

• Indivisibility: Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to the dignity of every human person.

• Inter-dependence and Inter-relatedness. The realization of one right often depends, wholly or in part, upon the realization of others.

Human rights principles

Equality and Non-discrimination: All human beings are entitled to their human rights without discrimination of any kind, such as race, colour, sex, ethnicity, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as 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 Rule of Law: States and other duty-bearers are answerable for the observance of human rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights instruments.

UN Common Understanding (cont.)

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.

• Identification of capacity gaps• Capacity development

UN Common Understanding (cont.)

• Summary: – International human rights norms and

standards– Human rights principles– Capacity of duty bearers and claim holders

• Inter-linkages

HR and local governance

• Central governments sign and ratify HR treaties, with the obligation to promote, protect and fulfill human rights. – Relevant to all levels of government to which the

state entrusts authority.– Principle of subsidiarity – decisions should be taken

at the lowest possible level and decision-makers should be accountable at that level (European Charter for local self government)

– Central government responsible for oversight to ensure that local governments comply with the international obligations. Ensure that quality does not decline.

HR and local governance (cont.)

• HR and local governance are concerned with the provision of certain entitlements :– Participation in local political processes -

Civil and Political rights (elections, access to information)

– Access to essential services – Economic, Social and Cultural Rights (health, education, housing, water supply)

HR and local governance (cont.)

• Participation in local political processes – Civil and political rights– What form of participation, who has a voice?– Focus on inclusion and non-discrimination– Identification of vulnerable groups – most

appropriate forum for discussion

HR and local governance (cont.)

Measuring Implementation – Eco and Soc rights• Availability

– A service should be available in sufficient quantity.

• Accessibility – All can use them without discrimination (physical and economic

access)

• Acceptability – Services must be relevant, culturally appropriate and of good

quality.

• Adaptability – A service’s form and content should be adapted to the needs of

communities or individuals.

Participation in local political processes

HR and local governance (cont.)

• Challenges in ESCR fulfillment:– Costly for developing countries – Progressive realization of ESCR accepted:

• Responsibility to provide at least a minimum essential service;

• To ensure non-discrimination and equitable distribution;

• Adopt a national strategy and plan for achievement of the right.

Thank you for your attention!