5.1 The UN and Human Rights Based Approach to Development2

Human rights-based approach to development has been founded of the following human rights principles:

• Universality and Inalienability
• Indivisibility
• Interdependence and Interrelatedness
• Equality and Non-Discrimination
• Participation and Inclusion
• Accountability and Rule Of Law

Using these principles, UNCTs are generally responsible for mainstreaming human rights into the operational activities for development at the country level and for promoting international human rights standards and principles.

In 2002, the Secretary-General launched “Action 2”3 as part of the UN Reform. Action 2 identified strong human rights institutions at the country level as a principal UN objective, with a focus on the UNCT collaboration to respond to the needs and requests of Member States. As part of this process, a growing number of agencies and programmes have adopted human rights-based approach to development cooperation, and stronger institutional linkages were established between the UN human rights bodies and the Office of the UN High Commissioner for Human Rights (OHCHR) on the one hand, and the operational UN agencies on the other, under the frameworks of the United Nations Development Group (UNDG) and the Executive Committee on Humanitarian Affairs (ECHA).

In 2003 a UN inter-agency meeting on human rights approach to development arrived at a set of recommen- dations, divided into two parts. The first part was said to consist of elements which are ‘necessary, specific, and unique to a human rights-based approach:

These were:

• Assessment and analysis in order to identify the human rights claims of rights holders and the corresponding human rights obligations of duty-bearers as well as the immediate, underlying, and structural causes of the non-realization of rights.
• Programmes assess the capacity of rights-holders to claim their rights, and of duty-bearers to fulfill their obligations. They then develop strategies to build these capacities.
• Programmes monitor and evaluate both outcomes and processes guided by human rights standards and principles.
• Programming is informed by the recommendations of international human rights bodies and mechanisms.

For a candid discussion of the tensions and synergies between human rights and development goals, and a review of what, practically speaking, a human rights based approach practically involves, see Alston, “A Human Rights Perspective On The Millennium Development Goals.” Paper Prepared as a Contribution to the Work of the Millennium Project Task Force on Poverty and Economic Development.

In 2006 the OHCHR, developed a tool in order to address the chasm between theory and practice especially in using development as a tool to work towards human rights goals, Frequently Asked Questions On A Human Rights-Based Approach To Development Cooperation. It seeks to respond to continuing gaps in knowledge and skills, and difficulties in translating human rights norms into concrete programming guidance applicable in diverse policy contexts and national circumstances.

NHRIs can, through their existing roles and responsibilities, support a human rights-based approach to development. However, since UNCTs under the leadership of Resident Coordinators do not themselves undertake human rights monitoring or investigations, the role of NHRIs, as well as others with this kind of mandate, such as the OHCHR or the UNHCR, becomes that much more critical for the work of UNCTs. Two sets of tasks are engaged, which speak directly to the functions of NHRIs:

• Developing the capacities of rights-holders to assert their rights; and
• Developing the capacities of duty-bearers and ensuring that they have the responsibility, authority and resources needed to discharge their duties.

Activities that can engage NHRIs include: advocacy and awareness-raising, training and capacity-building, partnership-building, practice development and knowledge networking. Opportunities for integrating human rights with human development occur in all UNDP practice and sub-practice areas and throughout the programme cycle. Human rights issues arise during:

• the course of policy and programme dialogue; within the CCA, UNDAF and country programming processes;
• assessment and analysis of the development situation;
• programme formulation, implementation, monitoring and evaluation; and
• programme review.

An example of an UNDAF outcome that reflects a human rights-based approach in Guyana is provided below.

A detailed discussion of how to integrate support to NHRIs in the UN country programming cycle is contained in Chapter 6.

2 This section is adapted in part from: UNDP http://www.undp.org/governance/library_all.shtml
See also: Poverty Reduction and Human Rights: A Practice Note, UNDP, June, 2003; Human Rights: A Practice Note, UNDP, March, 2004.

3 “Action 2 is a global programme designed to strengthen the capacity of UN country teams to support the efforts of Member States, at their request, in strengthening their national human rights promotion and protection systems. In order to achieve this, adequate national capacity, dedicated resources and expertise are fundamental prerequisites.”