The Human Rights Based Approach to Development in HEI ICI projects

Transcription

1 The Human Rights Based Approach to Development in HEI ICI projects Åsa Wallendahl, Advisor Rule of Law and Human Rights, Unit for Sectoral Policy, MFA Helsinki

2 HBBA in HEI - ICI Elements: 1) What are human rights? 2) Human rights based approach to development 3) Context and partner assessment and project development 4) The right to education, HRBA to higher education Esityksen nimi / Tekijä 2

3 Human Rights as basis of HRBA Universally agreed basic rights civil and political, economic, social and cultural as well as collective rights Human rights treaties: performance standards against which authorities are accountable Duty-bearers have a responsibility to respect, protect and fulfil rights. Right-holders know and claim rights. States ratify human rights treaties voluntarily based on national ownership HRBA/ ÅW 3

4 Human Rights as Basis of HRBA Convention on the Elimination of All Forms of Discrimination against Women International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Convention on the Elimination of All Forms of Racial Discrimination Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention on the Rights of the Child International Convention Protection of All Persons from Enforced Disappearance Convention on the Rights of Persons with Disabilities UPR and other treaty body mechanisms ÅW/ HRBA 4

5 Right to life and privacy, freedom of thought, conscience, speech and expression, of religion, freedom of the media, freedom of assembly and movement. The right to a fair trial, the right to seek redress and a legal remedy, rights of political participation and the right to vote. Rights of minorities to language, culture and identity, the rights of indigenous peoples to preserve land, culture, language, religion and traditional livelihoods, right to development. Civil and Political Rights Economic, Social and Cultural Rights Prohibition of discrimination Collective rights Right to education, right to the highest attainable standard of health, social security, right to work, adequate standard of living, including right to food, right to adequate housing, water and sanitation. Human Rights which rights? 5

6 UN Common Understanding on HRBA Goal 1. All development cooperation policy and technical assistance promote the realization of human rights Process 2. Human rights norms and principles guide the cooperation and programming Result Development policy and cooperation support duty bearers capacity to fulfill obligations and rights holders possibilities to know and claim their rights. = Strengthening of capacity in a measurable way

7 The Finnish Definition Human rights is the basis for setting the objectives for development policy and cooperation. The processes are guided by human rights principles universality non-discrimination participation inclusion accountability transparency MFA management Supported interventions Programme cycle management HRBA/ ÅW 7

8 Duty-bearer / right-holder Stake holder analysis Accountability, Non-discrimination Participation, inclusion 8

9 HRBA reduction of inequality Gender inequality Intergenerational inequality Regional inequality Margianalized groups (disabled, LGTBI, HIV/AIDS, ethnic minorities, indegenous people, children) multi-disctrimination Inequality in work, land ownership, property, livelihoods Distribution of resources (Gini-index) Taxation, illicit financial flows Distribution and access to sociel services and sociela security Opportunities of political participation Power relations, political and financial elites Legislative and budgetary disctrimination ÅW 9

10 HRBA commitment Commitment to strengthen: Human rights as a development result Inclusive, participatory and non-discriminatory development processes, which enhance transparency and accountability Enhanced capacities of rights holders, duty bearers, other responsible actors. While RBM is a management tool to help reach desired results, the HRBA is a framework that helps define what type of results are pursued and what kind of the process is applied to reach them. HRBA / ÅW 10

11 HRBA planning WHY is there a problem? Which rights are being violated? Who has been left behind in development and why? WHO has to do something about it? Who are the duty bearers with responsibility to improve the situation? Who are the rights holders? Ideal and actual roles? WHAT capacities do duty-bearers have and/or need to fulfill their duties? WHAT capacities do rights-holders have and/or need to claim their rights? - > Fill the gaps 1. CAUSAL ANALYSIS Getting to root causes Legal, Institutional, and policy frameworks 2. ROLE/PATTERN ANALYSIS 3. CAPACITY GAP ANALYSIS Ulkoasiainministeriö Suomi

12 Human rights sensitive Human rights blind: Human rights effects not assessed, posible negative effects not identified (not avoided). Minimimum level: human rights sensitive 1)Human rights principles applied 2) Human rights assessment 3) Assessment -> mitigate possible risks on negative impact on human rights or districimination. 12

13 Levels of HRBA The intervention is categorized a corresponding level of human rights consideration according to its objective FIGURE 1 LEVELS OF HUMAN RIGHTS CONSIDERATION Human rights blind Human Rights Sensitive Human rights principles guide the programming, implementation, monitoring and evaluation of the intervention. Human Rights Progressive Adheres to human rights principles in its processes and includes expected results that further respect protection or fulfilment of human rights Human Rights Transformative Seeks to transform societies and eliminates discrimination by addressing the root causes in legislation, customs, norms and practises in line with human rights standards and principles. Source: MFA 2015 Human Rights Based Approach in Finland s Development Cooperation, Guidance Note What is needed to move from one level to another? Results

14 Human Rights in HEI-ICI 1) Human rights goal in Foreign Policy, Development Policy 2) Human rights sensitive: assessment of the human rights situation and the human rights implications of the activities HEI-ICI projects are advised to screen their project cycle based on the human rights principles For example: ensuring possibilities of beneficiaries to participate on equal manners, with a gender sensitive lense, to ensure all processes and information on the projects are transparent ensure, the activities do not contribute to any indirect or direct discrimination. 14

15 Human rights progressive HEI ICI projects can aim to be human rights progressive, which requires: project results are explicitly human rights related, specific human rights identified, stakeholders and roles assessed Results are monitored and reported on. Many projects promote to the right to education, while the freedom of information and expression, the right to work, the right to food, the right to water or the right to an adequate standard of living for example. Cooperation with different stakeholders including state authorities as well as inclusion of right-holders in the process. 15

16 Right to Education Primary education is compulsory, available free to all; Secondary to higher education is made progressively free of charge; Children, but also youth and adults without basic learning needs can access basic education; learning tools, skills, knowledge, values and attitudes to develop capacities, to live and work, to improve the quality of life, to make informed decisions, to continue learning, and enable all persons to participate effectively in a free society. Promote understanding, tolerance and friendship among nations and racial, ethnic or religious groups and reduce stereotyped concepts about men and women. Right is enjoyed without discrimination of any kind System of schools is developed, an adequate fellowship system is established, and that the material conditions of teaching staff are continuously improved. 16

17 Right to Education: Criteria Availability Accessibility Acceptability Adaptability States should ensure a sufficient number of educational programs, institutions and trained teachers, as well as education materials, so that education can be enjoyed by all; Legislation for compulsory education in place; there is a sufficient budget, based on the maximum available resources, including fiscal revenues and international cooperation; National plan exists for right to education and the monitoring of its implementation. States should eliminate legal and administrative barriers to ensure that educational institutions and programs are accessible to all, without discrimination, in law and practice; Educational facilities physically accessible and within a safe and reasonable distance for learners. Special attention is paid to accessibility for learners with disabilities; Education is accessible in terms of cost: primary education must be free for all, whereas secondary and higher education must be affordable and progressively made free of charge. The content of education and the way it is delivered must be relevant and acceptable for all learners, taking into account gender equality and respect for the culture and traditions of minorities and indigenous peoples; The content of the education must be of quality, ensuring good educational outcomes. Minimum standards for education, including contents and methods of teaching and for the monitoring of their implementation, need to be set. Improving the material conditions of teaching staff. The school environment must be safe and acceptable. Violence and degrading treatment in schools should be prohibited and addressed. The content of education must be flexible and respond to the needs of students in different social and cultural settings. This allows consideration of flexible hours, shifts, mobile schools, teaching in juvenile justice centers etc. 17

18 Minumum level = Assessment + keep human rights principles in mind Assessment and principles Human Rights Assessment Human Rights Assessment during identification phase. This assessment responds to the following questions related to the specific sector or result area: Which human rights are relevant for the sector or result area? What are the key human rights concerns of the sector? (Use the human rights principles as a guide). What are the key gender inequality and discrimination concerns of the sector? Which are the groups in vulnerable of marginalized situations relevant for the sector or intervention? What are the relevant right holders, duty bearers and other relevant stakeholders? Pay particular attention to possible marginal groups. What are the main capacity gaps (political will, resources, awareness, mandates, information) of the most relevant stakeholders? - > Context and sector specific, role and influence of Finnish partner

19 Stakeholder assessment (roles and responsibilities) Partnership Project considerations Main duty bearers? Other actors, service providers? Right-holders? Gender aspects? Vulnerable groups? Human rights situation Capacity gaps? Proposal ` Results Planning process Legal and policy frameworks Mandates and coordination Resources, technical skills Political will, processes. Knowledge, advocacy Partnership Fill gaps in results? Consultation and inclusion HRBA/ ÅW 19