The following is a brief analysis of the topic titled “Strengths and Weakness in Human Rights-based approach to international development — an analysis of a right based approach to development assistance based on practical experience. The topic has been read, summarized, and analyzed broadly under the following heads (1) Introduction, (2) What is Human Rights- Based Approach to Development? (3) Is there a common understanding within the UN system of a Human Rights- Based Approach to Development? (4) Implementation of a Human Rights- Based Approach in practice (5) the relations between a Human Rights- Based Approach and Gender Mainstreaming (6) Can a Human Rights- Based Approach help to resolve conflicts between different Stakeholders in Development? (7) Pros and Cons of a Human Rights- Based Approach to Development – an assessment (8) Lessons Learnt and perspectives for the future. In this article, We read about Human Rights- Based Approach, How it is examined, How they helped in development, What values does a Human Rights- Based Approach add to development. It’s Strength and Weakness.
There are basically a three principles of Human Rights that play a very important role in its implementation.
1) Equality and Non- Discrimination
2) Participation and Inclusion
3) Accountability
We conclude that a Human Right- Based Approach plays an important role in poverty- oriented approach but at the same time Human Right- Based Approach helps also vulnerable groups.
INTRODUCTION
What is Human Rights- Based Approach? A Human Right Based Approach basically a process of human development that is mainly depends on international human right standards and deals with promoting and protecting Rights of Human. The aim of Human Right- Based Approach is to remove the inequality which creates problem for the development and also remove the distribution of power. It means that there is no power distribution between any human. All are equal.
In developing countries, Law played a small role in international development. Thus, Human Right in particular and international law in general have come to play an important role in this sector. In developing countries, Human Right- Based Approach to development cooperation found support from Non-Governmental Organization (NGO’s) and Development Cooperation Actors. Many Activists, Scholars, Professors engage in research about the concept of Human Right- Based Approach. We shall view in this Article, promotion of legal capacity and legal rights in the context of development activities in Human Right- Based Approach. It means that in the development of Human Right- Based Approach, Law plays an important role.
We have to know about Human Right- Based Approach application to International Development Cooperation. We analyzed about the Human Right- Based Approach application in connection with the provision of development of international assistance. It is mandatory for all developing countries that Human Right- Based Approach has been equally adopted by Domestic actors which are involved in the development. In Simple way, it means that Human Right- Based Approach is also apply to situation where there is no external development cooperation is involved.
Human Right- Based Approach includes Government (Authorities), Non- Governmental Organization (NGO’S), Inter- Governmental Organization and National Organization. All these organization works for the welfare and benefits of the people. National Non- Governmental Organization involved in promoting a Human Right- Based Approach than National Human Right Based Institutions. It was examine that NGO promote more Human Right- Based Approach application than any Human Right- Based Institutions.
WHAT IS A HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT?
In the year 1945, When World War II ended, Human Rights gained more importance globally and become a tool of Transformation and Justice. With the growing importance of Human Right, decolonization unfolded. This is completely parallel to the importance of growing Human Right.
For Asia and Africa mainly South Countries of World, Assistance of development became an important aspects of relation between North & South. When we look at World’s map, the countries lying in the Northern part seems to be more developed in comparison to the Southern part. Thus, for the development, it is important to have good relation between North and South Countries. This difference is due to industrialization. So, Development Assistance is an important tool for non- developing countries. During Cold War, when there was two superpowers at global level that is USA and USSR. The Western Countries were with the USA and the countries lying in East were with the USSR or Soviet Union. The small or developing countries of the World join Superpower Alliance because they get support from the Countries like financial support, minerals, and so on.
In the year 1993, Declaration on The Right to Development was revised by World Conference in Vienna on Human Rights. This Declaration was adopted by UN General Assembly in 1986. With the Human Rights certain issues like Democracy, Sustainable Development, Environment, Global Warming, Child Education and Indigenous people all are linked with each other. Then, United Nation (UN) set up certain bodies like UNDP (United Nation Development Program), UNICEF (United Nations International Children’s Emergency Fund) to solve the problems. All these bodies of UN have their headquarters in different countries.
In 2003, several bodies of UN ordered a workshop on the matter which led to formation of a statement entitled “The Human Rights- Based Approach to Development Cooperation towards a Common Understanding among the UN Agencies” The policies of UN Development must be guided by the Human Rights principles. There are six Human Rights principles which are following:-
1) Indivisibility
2) Universality and inalienability
3) Accountability and the rule of law
4) Inter- dependences and inter- relatedness
5) Participation and inclusion
6) Equality and non- discrimination
Principles 3, 5 and 6 played an important role in implementing and promoting the ideas of Human Right Based development.
Not only UN adopted a Human Right- Based Approach to development assistance but also many Non- Governmental Organization (NGO’s) like Oxfam, Save the Children and Care as well as many international agencies such as GTZ in German, SIDA in Sweden. Also European Union (EU) decided to mainstream Human Right into all its external activities like trade.
IS THERE A COMMON UNDERSTANDING WITHIN THE UN SYSTEM OF A HUMAN RIGHTS-BASED APPROACH TO DEVELOPMENT?
Yes, it is very important to develop common understanding to ensure that UN agencies funds and programs apply a uniform Human Right- Based Approach to common programming procedure at global level. In 2003, United Nation Development Group (UNDG) adopted the statement of common understanding on Human Rights- Based Approach to Development of Cooperation and Programming.
IMPLEMENTATION OF A HUMAN RIGHTS-BASED APPROACH IN PRACTICE
The Human Based- Right Approach policy includes the current status of Human Right, how the right of human violated, how to deal with human whose rights are violated, how diverse groups of rights- holders are entitled to human right violation. There are basically a three major components of Human Right- Based analysis:-
1) The current status of Human Rights where development assistance is provided. This involves the analysis on duty- bearer and rights holders in respect to examine the actual status of Human Rights.
2) The recognition of specific vulnerable groups who should benefit from the developmental proposed activities.
3) A major focus on three principles of Human Right- Based Approach i.e. (1) Equality and discrimination, (2) Accountability, (3) Participation and inclusion
At the stage of analytical work, right holder should be already involved.
The Actors who are involved in designing the Human Right- Based Approach to Development are therefore likely to be the same in the traditional development assistance, so the role of Actors may differ. In the theory, a Human Right- Based Approach confers accountability on the duty bearers (means the State and its representative) and provides a greater role to participating agents of the right- holders (the representative of local communities).
Advocacy and Conversation over the rights of duty- bearers are Central elements wherein the rights- holders may ‘Claim the Right’. This is because as far as the enforcement of Human Right- Based Approach is concerned, the right holders are expected to be active participants in matters relating to their means.
The following may analysis the working and implication of Human Right- Based Approach in a context of developing Countries and at the same time examine that how a Human Right- Based Approach to Development is apply to different situations.
This example deals with the women’s right both in relation to violence and equality. It shows how Human Right – Based Approach helped the women’s group in developing countries.
Example: – Struggle of Indian Women’s against violence, inequality, rape
In the State of India, Uttar Pradesh, over half of all the Woman report that they have suffered from physical violence from husband or relatives of husband and filed a report in Police Station to solve the problem or such issues. Woman in the city of Kanpur set up Sakhi Kendra. Sakhi Kendra is an organization that helps Woman with respect to legal aid, medical care, re- housing for women who have been suffered from violence, rape. This organization also taken some good initiative like providing training programs to Police, it also starts controlling State Legislation and some policy on domestic violence and discrimination. So, if any women suffered from any violence or discrimination they can take help from the organization.
The settling of Sakhi Kendra Organization shows the importance of advocacy where wrongs are committed against marginalized groups or oppressed. The above example shows that the involvement of external parties or foreigner is not a condition of a Human Right- Based Approach. Human Right- Based Approach is equally satisfied where groups are resource poor gather together to demand their rights. We can say that Rights of all members of groups are violated.
PROS AND CONS OF A HUMAN RIGHTS- BASED APPROACH TO DEVELOPMENT
There are five areas where Human Right- Based Approach to Development gives particularly a good result.
1) Ensure essential services to weakest citizens: – The first one is suitable for ensuring that the weakest citizens have access to essential services like water, sanitation, education, health care. It has been shown that migrant’s laborers are placed in very weak position. To end this discrimination and give access to migrant all basic services.
2) Strengthing the concept of citizenship: – The Human Right- Based Approach is very suitable for strengthing the concept of citizenship. This is mainly for marginalized groups, whether women in Uttar Pradesh in India, poor farmers in Cameroon. Providing knowledge what the poor are entitled or what they are demanding.
3) Legal Mechanisms: – The Human Right- Based Approach means there is a natural focus on the use of legal mechanisms in development policy and assistance. So, providing legal aid to individual or groups are important to improve their condition or higher the standard of their living. In developing countries, Human Right- Based Approach makes generally those people who are worst- off, aware that they have rights and can be enforced.
4) Transition from Dictatorships to Democracy: – Research indicates that developing countries that are transacted from Dictatorships to Democracy are more observe with international obligations. With this, there is no breach of Human Rights like torture, punishment.
5) Promoting Legislation: – Final and mostly widespread campaign for a Human Right- Based Approach can helps in promoting legislations that benefits the whole community or group that are discriminated against.
RELATION BETWEEN A HUMAN RIGHTS-BASED APPROACH & GENDER MAINSTREAMING
Both Human Right- Based Approach and Gender Mainstreaming are complementary and can be undertaken without any dispute or replicating. Generally, Gender Mainstreaming means integration of a gender perspective in development activities, with the goal of achieving gender equality. Thus, Human Right- Based Approach includes developmental activities, higher standard of living of people, Human Rights, equality, women’s rights, and gender discrimination.
CAN THIS APPROACH TO RESOLVE CONFLICTS BETWEEN DIFFERENT STAKEHOLDERS IN DEVELOPMENT?
Yes, Development is not zero at all and can be realized for all people at once only. Conversely and more positively, non- violent conflict can help create space for dialogue and generate momentum for social change. Development actors including all Government Authorities and NGO’s can completely influence the pattern of winners and losers nationally.
LESSONS LEARNT AND PERSPECTIVES FOR THE FUTURE
What can be seen from the above, “A Human Right- Based Approach of development is not just an issue of old wine in new bottle.” A Human Right- Based Approach means very beginning point for setting up development program and assistance become different among other thing. These assistance become different because of the use of legal mechanisms, linked with normal foundation related to duty- bearers responsibilities, outlook of non- discrimination. Political motivation plays an important role in implementing the development measures while realizing the efforts of Human Right- Based Approach. This political motivation works for the general public, individuals and groups, whether farmers, slum dwellers, migrant workers or indigenous people. A Human Right- Based Approach to development gives relevant question how legal tool can be used in respect to poverty and marginalization. Such experience is relevant in poor countries and in middle- income countries. Today’s the great majority of the World’s poor people live in middle- income countries and because of this inequality in income and of opportunities are greater in middle- income countries than developed countries. In middle- income countries the Human Right- Based Approach to development is more relevant and also the Human Right- Based Approach is promoted by Domestic Organization and agents than Foreigner Donors.
