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