Food for a thought whose time has come
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Human Rights Reader 141
IT IS NOT AN EXAGGERATION TO SAY THAT THE HUMAN RIGHTS-BASED
APPROACH IS IN A DIFFERENT LEAGUE THAN OTHER APPROACHES TO
DEVELOPMENT: IT IS THE 'MAKE OR BREAK' ISSUE OF OUR TIME.
1. The human rights-based approach (HRBA) signals a 'new deal'
in the annals of development work. It shifts the focus from
technocratic to political solutions and to the empowerment of
claim holders (CHs) or, as they have also been called, 'problem
owners'. The HRBA is antithetical with an 'investment in' health
or nutrition or education approach.
2. The HRBA also adds new dimensions by going beyond the
question 'Are the needed factors in place?' (i.e., policies and
programs) by asking 'Are the duty bearers (DBs) taking action to
ensure that such factors are present?' and also asking 'Can the
DBs take such action?' This focus highlights accountability, a
centerpiece of the HRBA.
3. Further, the HRBA strongly denounces and debunks such
fallacies of neoliberalism as the ones that purports that
poverty-should-be-accepted-for-some-time-to-maximize-investment-
and-economic-growth; or that initially, economic-growth-will-
create-inequalities-that-should-be-accepted; or that civil-and-
political-rights-must-be-temporarily-suspended-to-allow-for-
economic-growth.
4. The HRBA forces program staff and policy makers to reflect
upon the why, the how and the who-for of their actions beyond
the questions of what should be done.
5. As has been discussed in this Reader previously, five
components/stages can be identified in the strategy to implement
the HRBA:
-Causal analysis and capacity analysis;
-Assessment of the existing legislative and policy framework;
-Screening that government policies are not leading to
violations and that the government is progressively engaging in
the realization of human rights;
-Setting up of effective monitoring mechanisms to assess
progress (includes shadow reports of NGOs to UN HR monitoring
bodies). (See Addendum below); and
-Setting up of effective recourse procedures that allow victims
to claim.
6. Despite these suggested steps in implementing the HRBA, the
same will not only change what we do, but rather how and why we
do it. (U. Jonsson)
7. The HRBA provides a framework for equity and non-
discrimination that, when applied, ensures the benefits of human
development do indeed reach even the most disadvantaged and the
excluded. (Be reminded here that it is only the systematic
disaggregation of data that allows the detection of the
situations of exclusion. When applying the HRBA, one simply
cannot leave pockets of exclusion).
8. A key value added by the HRBA lies in the justiciability of
HR, i.e., their violation can be invoked in court. Human rights
work that just concentrates on advocacy work is ultimately weak.
There is enough useful language in the international rights
instruments to warrant doing rights work aiming for
justiciability through the courts system --at least to secure
and make their progressive realization operational and a
measurable reality. This said, let us be clear though that as
much as legal tools are essential, they are not the only
requirement for success.
9. Governments may perceive the HRBA as an alien imposition on
their cultural identity and system of governance. This should in
no way deter us from engaging them; they are wrong, and will
have to be convinced otherwise in time.
10. The more firmly the HRBA gets incorporated into plans of
action, the more success will crown the efforts of the
international donor community and their partner governments.
This is what we have to convince them of.
11. But it has proven difficult to make international
organizations and corporations bona-fide duty bearers (DBs) so
as to hold them accountable for not respecting human rights. For
this, voluntary guidelines for their behavior are useful, but
only as an intermediate step on the way to juticiability. (e.g.,
FAO Voluntary Guidelines for the Right to Adequate Food and
Nutrition, 2005) Being able to hold them legally accountable
will be useful, because the HRBA specifically zeros-in on the
actions or inactions of bona-fide DBs. (S. Maxwell) This then
gives us the recourse to demand these DBs rectify their
shortcomings and come up with the needed remedies for HR
violations and with the needed reparations for its victims. But
so far, we have had little political success in our efforts to
get the HRBA accepted and applied by these organizations and
corporations. A challenge here.
Claudio Schuftan
Ho Chi Minh City, Vietnam
mailto:claudio@hcmc.netnam.vn
--
Addendum:
Core UN treaties:
United Nations Charter, 1946.
Universal Declaration of HR, 1948 (does not require
ratification)
International Covenant on Civil and Political Rights, 1966
(Ratified by 149 states). Has 2 optional protocols; monitored by
the new UN HR Council.
International Covenant on Economic, Social and Cultural Rights,
1966 (Ratified by 147 states); monitored by the Committee on
Economic, Social and Cultural Rights.
International Convention on the Elimination of All Forms of
Racial Discrimination, 1963 (Ratified by 168 states); monitored
y the Committee on the Elimination of Racial Discrimination.
Convention on the Elimination of All Forms of Discrimination
Against Women, 1979 (Ratified by 173 states); one optional
protocol; monitored b the Committee on the Elimination of
Discrimination against Women.
Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (Ratified by 133 states); monitored by
the Committee Against Torture.
Convention on the Rights of the Child, 1989 (Ratified by 192
states); two optional protocols; monitored by he Committee on
the Rights of the Child.
Convention on the Rights of Migrant Workers, 1990.
To date, 80% of states have ratified at least four of the seven
major HR conventions; all countries have ratified at least one
of them.
We emphasize that States have become parties to the
international HR instruments above on a voluntary basis, and
thereby obligate themselves to comply and to report periodically
to the existing independent monitoring bodies on their
implementation.
(A conventoin on the rights of the people with disabilities has
just been added this year).
--
Mostly adapted from D+C, Vol 33, No.5, May 2006; F+D (IMF), Vol
42, No.4, Dec. 2005; SCN News (UN Standing Committee on
Nutrition), No.30, mid 2005; HR Practice Note, P. van Weerelt
and T. Palmlund, UNDP draft 26/4/2004; and U. Jonsson: Changing
Approaches to the Problem of Child Malnutrition, 2006,
forthcoming.