Post on 05-Jan-2016
Human Rights, Equity and Development
Report from a workshopat the University of Oslo, Norway
11-12 October 2004
Discussion organized byThe Social Analysis Thematic Group
andThe Empowerment Community of Practice
16 December 2004
Oslo Workshop
Organized by University of Oslo’s Centre for Human Rights, and Centre for Development and the Environment, October workshop, supported by Government of NorwayObjectives:
Explore rights based approaches to development and their relationship to equityProvide inputs to WDR 2006 on equitySuggest future research and collaboration on human rights
Participation by human rights and development specialists;Researchers, from Europe, North America, AsiaGovernment representatives from Norway, Finland, Sweden, Denmark
World Bank participation: Legal, Social Development, PREM, WDR team
Oslo Workshop: Sessions
1. Conceptual Frameworks
2. Legal Perspectives
3. Sectoral Implications: Right to Health
4. Women’s Rights
5. Participation, Empowerment, Accountability
6. Implications for the WDR 2006
7. Rights at Country Level and the Role of IFIs
8. Recommendations for Follow-up Research and Collaboration
Key Recommendations
Improve sharing and learning from different experiencese.g. Scandinavia
Consider ways to strengthen a human rights agenda in the World Bank
… but cautions against new bureaucratic requirements
Improve quality of measurement and impact analysise.g. work on empowerment indicators
Strengthen knowledge base on experiences with rights based approaches
e.g. country experience and strengthening of local institutions; particular focus on PRSPs
Background
Interest in strengthening understanding and attention to human rights in the Bank’s work
Recognition that there is considerable overlap between the Bank’s work and human rights standards
Ongoing engagement and activities, e.g.Senior advisor in MD’s office
Working group convened by ESSD VP
Discussions between the Bank and different governments including Scandinavians
Network activities – PREM, SDV, others
World Summit for Social Development and Bank participation
March workshop jointly with DFID on Power, Rights and Poverty
Challenges
Lack of clarity and agreement globally on what is meant by a rights-based approach to developmentPerception that human rights leave little room for the tradeoffs or incremental progress we know from development practiceConcern that this may impose standards that cannot be complied withConfusion over rights to opportunities versus rights to outcomesConcern that this may be seen as political interference contrary to the Bank’s Articles of AgreementShould the Bank formally adopt human rights standards or policies – if so, which?
Human Rights: Background and concepts
UN Charter, international legally binding treaty1948 Universal Declaration of Human Rights
Equality and non-discriminationCivil and political rightsEconomic, social and cultural rights
1976 passing of International Bill on Human RightsVarious conventions and agreements, e.g.
1979 CEDAW1989 Rights of the Child2003 Migrants Rights (ratified by 22 countries, all developing)
1993 Vienna principle; “all human rights are universal, indivisible, interdependent, and interrelated”Definitions of rights
Legitimate claims that give rise to correlative obligations or dutiesRequires presence of power or authority confer legitimacy on claims made
Various rights and rights regimesUniversal human rights and international covenantsIndividual and group rightsNational legislationCustomary and religious lawCultural practices and value systems
The Right to Development
Many issues still to be resolved, and lack of consensus, cf. Sfeir-Younis, 2003:
Development compact?Process or outcomes?How to make rights operational and implementable?Monitoring mechanisms?
Many development agencies have explicitly adopted rights-based approaches, both bilaterals such as DFID, SIDA, and NORAD, and UN agencies such as UNICEF and WHO.Emerging principles
Empowerment of poor people as agents and rights holders, not as recipients or beneficiaries of welfareLinks to international human rightsFocus on accountability of states and other development agenciesStrengthening people’s participationEquality and non-discriminationSpecial attention to poor and vulnerable groups
UN Rapporteur onthe Right to Development
2002 Report to the UN Commission on Human RightsImportance of economic growth; “rights-based economic growth with equity and justice”Suggests reconciliation of competing concerns
Economic, social, cultural rightsCivil and political rights
Argues for obligations both of developing countries and the international community
Key principlesParticipationAccountabilityTransparencyEquityNon-discrimination
Suggested requirementsRealization of human rights and fundamental freedoms as the central aimIndependent rights-based mechanism to monitor the performances of all countries
Different philosophies?
Human Rights Ideals Development PracticeHuman Rights as universal Rights as contextual?
Focus on outcomes Focus on process?
Relationship and accountability focus on state-individual
Relationships and accountabilities at different levels
Universal, indivisible, interdependent, interrelated
Trade-offs
Policies, principles, prescriptions Implementation, institutions, incentives
Advocacy, "naming and shaming" Incrementality
East-West Divide? North-South Divide?
Towards Convergence?A Social Development Perspective
GOALS• People-centered development
• Equity• Integration of economic, cultural, social polices
• Transparent and accountable governance• Democracy, justice, tolerance, respect for diversity
• Protect and support the disadvantaged and vulnerable
Development Practice
Focus on processes of inclusion, empowerment and voice; cohesion; and accountability
Global Human Rights Regime
National Legislation
Standards and norms: necessary but not sufficient
Outcomes willnot be achievedwithout attentionto process
Process withoutclarity about goalsand outcomes is meaningless