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Module 1: Indicadores de desarrollo

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In today's lesson, we will mostly look at operationalizing rights-based approach to development.What we will cover in today's lesson is as follows.We will first look at the principles and concepts surrounding rights-based approach to development.Most of you if you are coming from the field of development studies or issues concerning development cutting across different disciplines, you would know that the human rights approach or the rights-based approaches to development have in a way become central to following development research.And so, in this lesson what I will do is give you already brief introduction to rights-based approaches to development.But then we will quickly look at some of the operational issues concerning rights-based approach to development and how different organizations have come up with tools and measures of ensuring that rights-based approach to development has been implemented in the project goals that we are pursuing.So that is the second part of this lesson where we look at the operationalization aspectof rights-based approaches.And then finally will introduce lesson with challenges of implementing rights-based approach to development.Now let us look at some of the perspectives surrounding rights-based approach to development.Now rights-based approach to development is basically a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights.So essentially a rights-based approach integrates the norms, standards and principles of international human rights system into the plans, policies and processes of development.So, we can say that it describes situations not simply in terms of human needs or of development requirements, but in terms of society's obligations to respond to the inalienable rights of individuals and empowers people to demand justice as a right and not a charity and gives communities moral basis from which to claim international assistance when needed.Now let us look at more into some of the perspectives on a rights-based approach.So, rights-based approach would also mean that one has the courage to build local, national and global movements that argue for specific duties to be met by governments, corporations and individuals that will enable all people to enjoy their rights.And above all, it involves abolishing the development enterprise as a neo-colonial program of correction administered from rich to poor and replacing it with a common political project that requires everyone’s equal rights and judges the behavior of all on the basis of how they realize or violate these rights.Now it is at this point, let me introduce my audience to some of the examples with regard to how rights-based approaches to development have been integrated into the development paradigm.Many of you must have heard about the right to food act, the right to employment act and the right to education act.And some of these acts are examples of how central rights-based approach to development has become a part of the policy exercise, particularly in the post nineties period,the period in which the United Nations framework has brought in the concept of human development and human rights perspectives and approaches to development.In the Indian context for example, we have right to education, right to food and right to employment in place.Currently we are also talking about right to health frameworks.So, these are certain examples of how policy frameworks have been designed surrounding the concept of rights-based approach to development.Now so how do we integrate human rights agenda to the development paradigm.Socio-economic development is regarded as part of the human rights agenda dating back to the time the Universal Declaration of Human Rights articulated economic, social, cultural,civil and political human rights in a single document.And this dates back to 1948.So, human rights have been thought and it cannot be unthought.So, it dates back to a very long period of time in history, although there are ideological divisions between the western liberal democracies and the East Bloc and the rise of an international civil society in the post-Cold War period brought human rights to the forefront.And a host of world summits held from 1990s onwards as I was pointing out, the UN summit particularly as it is and these summits have highlighted the discourse on relationship between human rights and international development cooperation.Now during the late 1990s with the launching of UN reforms, the secretary general call for mainstreaming of human rights in all of the UNs development work.Some of you, if you can go through the UN Development Reports or the Human DevelopmentReports you would see that the rights-based approach to development or human rights framework have been cited time and again as one of the markers of human development.And also, not just markers of human development but making these frameworks part and parcel of how development should be pursued in the first place.So, rights-based approaches have been taken up by several organizations such as CARE,Save the Children, the UNICEF.There are various bilateral donor agencies that have also been promoting rights perspectives in their assistance.And further impetus in the year 2000 happened with the launching of UNDPs Human DevelopmentReport with a focus on human rights and human development.And this human development report made a compelling argument for an integrated approach to development,drawing upon the principles of international human rights and the strategies of human developmentto advance dignity and well-being.Now what are the principles and concepts of human rights?Although this lesson is not attributed entirely to understanding the concepts and principleshowever, looking at some of the basic principles and components of human rights, concepts ofhuman rights will help us understand what are the operationalization issues with regardto this framework.So, some of them are as follows; social and political guarantees, they are necessary toprotect individuals from the standard threats to human dignity posed by the modern stateand modern markets.Let me here take the example of food security and food sovereignty as different frameworks.There are scholars and there are practitioners who have been emphasizing on the need forfood security.And there are scholars and practitioners who have been challenging the processes of foodsecurity framework and have rather come up with food sovereignty framework.And if you look closely, if you read closely the frameworks that I have just cited, youwould see that at the center of all of these frameworks are the issue of social and politicalguarantees necessary to protect individuals from the standard threats to human dignityposed for the modern state and modern markets.Human rights also take departure in the International Bill of Rights which comprises the UniversalDeclaration of Human Rights and the consequent International Covenant on Economic and Socialand Cultural Rights and the International Covenant on Civil and Political rights, whichcame in 1976.Now some of the other central human right documents are convention on the rights ofthe child, convention on the elimination of all forms of discrimination against women,international convention on the elimination of all forms of racial discrimination andso on.So, these are some of the important documents that can be had in mind when we are lookingat so to say mainstreaming human rights in development approaches or operationalizinghuman rights approach in development studies or development practice whatever is the areaof interest.Now let us briefly also look at the concepts of rights-holders and duty-bearers.So, when we are talking about human rights, whose right is it, whose human right are we protecting and who are the actors in this framework that we are looking up to that has the obligation of ensuring that the rights of the rights-holders are met.So, who are the rights-holders?Rights-holders, they are all people belonging to a group.We have human rights simply because we are human beings and these rights are held equally and inalienably.Now who are the duty-bearers?States are the principal duty bearers.State is legally obliged to respect, protect and fulfil all human rights for all citizens and to facilitate, provide or promote rights.And they also, the state also acts as a regulator or facilitator of other actors who provide services such as the market and civil society.Now there are other actors as well apart from individuals and the state.So, there are moral duty-bearers, organizations and institutions have moral obligations.Similarly, actors may exist at the local level such as NGOs or transnational corporations,regional organizations, United Nations various other international organizations and the like.So, there are various actors within a framework and they are all inalienably bound to each other, if the human rights of the rights holders have to be protected and ensured.Now let us look at some of the obligations of state parties to international human rights law.The obligation to respect, to abstain from carrying out, sponsoring or tolerating any practice, policy or legal measure, violating the integrity of individuals, legislative and administrative codes that take account of guaranteed rights.The obligation to protect, to prevent the violation of rights by other individuals or non-state actors, access to legal remedies in case of violations occurring.There is also an obligation to fulfil issues which involving issues of advocacy, public expenditure, governmental regulation of the economy, provision of basic services and active measures necessary for guaranteeing opportunities to access entitlements.What are the obligations of other parties?So, there are primary, secondary, tertiary and external duty-bearers.Let us look at some of them.Who are the primary duty-bearers?Example, parents for children, teachers for students, doctors, nurses for patients, etc.So, within a society when we are looking at the social organizations, let us say family there are certain responsibilities or duties of these organizations towards the other actors.For example, parents towards children, teachers towards students and so on.Similarly, secondary duty-bearers example, institutions and organizations with immediate jurisdiction over the primary duty-bearers.Tertiary duty-bearers example, institutions and organizations at a higher level- exampleNGOs.And external duty-bearers for example countries, institutions, organizations with no direct involvement example, the World Trade Organization, UN organizations, the International NGOs,Security Council and so on and so forth.So, all of these are actors that can go on to ensure human rights as a part of developmentparadigm.So, this is to just to give you a brief overview of what is contained within the human rights approach or the rights-based approach that we are talking about.There are duties, there are rights holders and there are duties and obligations of dutyproviders.Now let us look at the operationalization issues of human rights or how do we operationalize the human rights approach.Now there is a growing number of development cooperation organizations that claim to be applying rights-based approach.And the majority however are actually applying human rights perspective to development assistance and poverty reduction.So, rights-based perspective may however be a first step in the direction of a rights-based approach until an organization’s capacities and methodologies have been adequately developed to allow for a full-scale rights-based approach.So, let us understand what is human rights perspective here.Now human rights perspective recognizes that there is an intrinsic link between poverty and human rights at the policy and strategic level.So, if we are looking at the state of poverty, the state of loaners of incomes as simply just an economic dimension of whether we are looking at loaners of incomes as a human right issue.Whether we are looking at poverty as a human right issue, as an issue of dignity of not being able to access the goods of life because of loaners of income or are we looking at loaners of income only as an economic dimension that needs to be overcome by the state actors let us say.So, this is where there needs to be a right kind of a perspective to understand the development issues that we are pursuing.So human rights perspective basically advocates that one needs to recognize that there is an intrinsic link between poverty and human rights at the policy and strategy level.More than poverty being an economic dimension, it is mostly a human rights issue and therefore needs to be overcome.It also mainstreams human rights by applying them consistently throughout the development cooperation process.And usually it is not guided by the realization of all human rights for all people as the foremost goal, although it should be, but it is not guided by the realization of this.Now human rights-based approach has many elements in common with other approaches used by developmentpractitioners.For example, the emphasis on participation in development work resonates with the right of individuals to take part in the conduct of public affairs and the related rights of association assembly and expression.Now let us look at some of the differences between a needs approach and rights approach.This as I said the human rights-based approach has many elements in common with other approaches currently used by development practitioners.And there are three basic features that may help us distinguish rights-based approach from other approaches.We will come to some of these differences next.But let us will have a look at this illustration of differences between needs approach and rights-based approach.Needs approach basically helps us work towards certain outcome goals.So, in the example of poverty that we just took, if we are looking at poverty as some kind of a basic needs problem.People not having access to income or not having access to food, then if we are looking at it simply as a needs-based problem.Then we can frame policies or we can come up with different kinds of development projects that helps us work towards the outcome of ensuring that people have access to the income that they need.However, if we are following a human rights perspective or an approach, one works towards outcome and process goals you know.One works towards the processes through which one can have access to those incomes.So, it is not just outcome oriented but it is also a process oriented.So, in the sense that whether people have access to minimum wages or not.We are not just concerned about whether people are experiencing increase in incomes or people are experiencing some incomes in their hands.But we are also ensuring whether the legal processes which ensures the people work with dignity, people find employment with dignity and people have access to the minimum wage for the work that they are doing is also ensured.So, it looks at the processes as well as the outcome goals.Needs approach recognizes needs as valid claims whereas human rights approach recognizes that rights always imply obligations of the state.So, when someone says that I am poor and I need to have access to incomes, it is said to be a very valid claim because people need to have access to incomes to be able to access other necessities of life or the comforts of life.And these comforts of life can be provided by the state, by the market.However, when we are following the human rights approach, we are trying to bring in the perspective that the right of an individual to have access to income has to have some linkage with what is the obligation of the state.It is the obligation of the state to ensure that employment needs to be provided.It is the obligation of the state to ensure that the required minimum wages or amount of wages goes to the people that are working towards it.So, needs approach recognizes needs as valid claims whereas human rights approach recognizes rights always imply obligations of the state.Needs approach does not think empowerment is necessary to meet all needs whereas human rights approach recognizes that rights can only be realized with empowerment.One needs to be empowered.So, to give you an example, when we are looking at the right to employment or right to food.For example, in India we have the National Rural Employment Guarantee Program.Now we have had various other employment programs in place before the National Rural EmploymentGuarantee Program.However, what is different with the rural employment guarantee program is that this program or this act which is mandated by the act entitles people to demand work as a matter of right and not just as a matter of claim, which means that there is a legal backing to the fact that I require work.Because I need to survive and survival is my human right and therefore employment becomes human right and therefore rights-based approach empowers people through some form of entitlements usually to be able to demand the work or demand the kind of needs that they have.So, needs based approach does not make empowerment necessary to meet all needs whereas human rights approach recognizes that rights can only be realized with empowerment.Needs approach accepts charity as the driving motivation for meeting needs whereas human rights approach states that charities in sufficient motivation for meeting needs and often the issue of charity redundant.Needs approach focuses on manifestations of problems and immediate causes of problems whereas human rights approach focuses on structural causes of problems as well as manifestations and immediate causes of problems.So, understanding the social organization, the structural issues that has created the problem in the first place is something that the human rights approach considers integralwhen we are talking about mainstreaming human rights in development approaches.Needs approach focuses on the social context with little emphasis on policy whereas humanrights approach focuses on social, economic, cultural, civil and political context andis definitely policy oriented.So, the policy focus as far as a human rights approaches concerned is again very centraland integral to the framework with respect to development.Now let us look at this small illustration again with regard to rights-based analysis.Now rights-based analysis, if you see on the slide it takes departure in the principlesof equality and non-discrimination to identify patterns of poverty, powerlessness, socialexclusion and discrimination which are usually sustained by sociocultural and political legalinstitutions.The analytical framework of a rights-based approach goes beyond socioeconomics to alsoencompass aspects of a society’s social, cultural, legal and political dynamism.It aims to capture the root causes of the perpetuation of poverty, exclusion, discrimination,and power relations that sustain iniquity.So, with this multifaceted approach, a more complete analysis of a countrys developmentsituation which potentially capture social and political processes can be achieved.And the problem analysis takes departure in whose rights and what rights are not beingrealized.And this crucially requires disaggregating data according to gender, citizenship, socialstatus, ethnicity, etc.In order to indicate the extent to which different categories of people are affected or increasinglyenjoying their human rights.Rights-based analysis also aims to determine what immediate underlying and structural obstaclesthere are to realizing rights.And they must necessarily identify responsible duty-bearers.Now there are certain features that distinguish as we have just seen, distinguishes rights-basedapproach from other approaches.For example, we saw how needs-based approaches, there are in the literature, basic needs approaches and various other development approaches.And we have seen how rights-based approach can be distinguished from the other approaches.But there are three basic features that distinguish rights-based approach from other approaches.One is a legal basis, second is a normative framework and third is the process of realizing the overall goals.Let us look at these three features one after the other.Let us first look at the legal basis.Now the legal basis- there are basically the international law specifies obligations that are legally binding under international law.And it talks about a two-pronged strategy that are for strengthening duty-bearers to fulfil their obligations and empowering rights holders to claim their rights.Now while an exclusive focus on either rights holders or duty bearers may be necessary and useful in the short term.A long-term one-sided strategy is unlikely to bring about the accountability dynamic that is at the core of this approach.If you look at this slide here which is showing you see, this needs to be read from the left to the right.We are basically looking at the rights-based efforts that goes to bring about changes.So, you have different actors, you have duty-bearers, you have rights holders and then the changes in the structures and the changes in people’s lives.And you see that there are the rights-based efforts support rights holders in demanding their rights which is the left side of the figure here that the rights-based efforts support rights holders in demanding their rights.So, rights holders basically demand their rights from the duty-bearers.Let us say the duty-bearers- the state as an actor, the state has an obligation to provide employment as I was taking the example.And then there are duty-bearers who have to fulfil their obligation towards the rights holders.So, rights-based efforts also strengthen the accountability of duty-bearers and these bringing changes in structures through legal, civil, political, social and economic and ultimately lead to a change in people’s lives.However, there is a feedback to the system also because of the democratic process and because of various policy frameworks.In a dynamic world there will always be a feedback from democratized processes and poverty reduction taken through continuous rights-based efforts.And an internationally recognized normative framework sets specified levels of human rights.So, the point to understand here is that while there are rights holders and there are duty-bearers,it works both ways, the efforts need to be in place which supports the rights holders in demanding their rights.For example, providing a policy framework of a right to education act or a right to employment act, or a right to food act.These are all the rights-based efforts that supports rights holders in demanding their rights.When you are entitled enough to demand your right for food or for employment or for health or for education, you will make a demand for it, demand which requires a social accountability on the part of the state actors who are morally bound and duty bound to provide these rights to the rights holders.So therefore, these rights-based efforts in the form of providing entitlements through policy frameworks also strengthen accountability on the part of the duty-bearers, which then go on to bring about changes in structures.So, the fact that we have already put in place right to education act or right to employment act means that we have brought about a basic change in the legal structure, the social structure, economic structure and all of these changes within the structures brings about changes in people's lives by changing attitudes, empowering them by ensuring that human rights have been realized.And this itself is a highly democratic process.It happens both ways- through rights-based efforts and of course through a democraticprocess of providing feedback to the system.Now the second aspect is that there are normative frameworks are set at certain specified levelsof human rights.Now international instruments and authoritative interpretations of human rights treaty bodiesoffer normative clarity and roadmap for development to development practitioners.And there are six key principles that are derived from human rights instruments.These are as follows.One is universalism and inalienability, equality and non-discrimination, indivisibility andinterdependence of human rights, participation and inclusion, accountability and rule oflaw.Now, let us look at some of the very basic features of each of these normative principles,the key principles.When we are talking about universalism and inalienability, what is it that we are pointingout?So, universalism basically means that every woman, man and child are entitled to enjoytheir rights by virtue of being human.So, there are certain inalienable rights that cannot be taken away from someone or voluntarilygiven up.So, this is one of the key principles of the normative framework that guides rights-basedapproaches.Secondly, equality and non-discrimination.Development efforts should focus on empowerment of excluded groups.When we talk about minorities or ethnic minority or ethnic groups of population belonging tothe minorities, so, we have to ensure that development efforts must focus on the empowermentof these excluded groups or the marginalized groups.Strengthen the state actor’s capacity to realize the rights of these groups.Thirdly, in indivisibility and interdependence of human rights.So basically, it means that enjoyment of one right is indivisibly interrelated to the enjoymentof other rights.Now we are enjoying one right does not mean that we give up the enjoyment of other rights.There is an interdependence of human rights and the principle of non-retrogression prioritizationof some rights must not deliberately be at the expense of other rights.If I am exercising my right to food does not mean that I give up my right to employment.So, there is an interdependence of these human rights, right to food and right to employmentand right to education and right to health all together might go on to increase the wellbeingof an individual or a family.Similarly, participation and inclusion which is an entitlement guaranteed by internationallaw.It must aim for free, active and meaningful participation of targeted communities.Accountability- to demand accountability means moving development from the realm of charityto that of obligations.When state actors, we have just seen have an obligation to ensure that the rights ofthe rights holders are provided or protected or ensured progressively.So that means that we are calling the state actors to accountability or what is referred to as social accountability, public accountability and so on.Accountability also aims to strengthen government’s accountability to ensure a good governance.Finally rule of law, the disputes should be solved through adjudication by competent,impartial, and independent processes and access to the judicial machinery to invoke their rights to institute legal proceedings for appropriate redressal grievance redress.Now finally let us look at some of the process goals.The process of realizing human rights is central to a rights-based approach.A person is a subject of his or her rights and an active participant in his or her development.So human rights are thus by necessity active as well as practical.Active meaning that it is dependent on the participation of individuals and groups.And they are practical meaning that they must be applicable in the daily lives of people.Therefore, rights should not only be promoted and protected by the duty-bearers, but practiced and experienced by rights-holders.So, the rights and freedoms which are of particular importance to ensure practicality and active enjoyment of human rights are for example the right to information, freedom of expression,right to take part in the conduct of public affairs, right to participation in development processes and so on.Finally, the approach regards the realization of human rights as both an outcome goal and process goal.So hopefully the idea of outcome goal and process goal has become clear to the students here.So, I have taken the example of employment and education and food.So, when we are talking about the outcome goal here.The fact that an individual is food secure, is able to access the required meals in a day because of having access to the required amount of income could be considered an outcome goal.Whereas the process goal could be the individual’s participation in the exercise of demanding her right to food.So that itself is a process goal.So, it is entitling.For example, when we are talking about ration cards or when we are talking about NREGA cards,when we are talking about health cards or any kind of a card which is entitling us to demand the kind of basic necessity that we are entitled to, that entitlement which is provided in the form of a card is also a form of the process goal.So, it is empowering us to be a part of the process such that the outcome goal can be ensured.Okay, now let us look at some of the tools for operationalizing a rights-based approach.So, we have looked at what is rights-based approach and what are the basic components of right-based approach, the practices and concepts.And we have also seen how it is different from other approaches to development.And we have seen also that when we are talking about mainstreaming human rights in development processes of development approaches, what is it that we are trying to ensure.And I think I said somewhere in the beginning of this lesson that organizations have made an attempt to ensure that they have had a human rights perspective to the development processes that they have carried out.