Integrating Human Rights Into Development

Public Disclosure Authorized THIRD EDITION Public Disclosure Authorized INTEGRATING HUMAN RIGHTS INTO Public Disclosure Authorized DEVELOPMENT DONOR APPROACHES, EXPERIENCES AND CHALLENGES Public Disclosure Authorized INTEGRATING HUMAN RIGHTS INTO DEVELOPMENT DONOR APPROACHES, EXPERIENCES AND CHALLENGES Third Edition © 2016 OECD and International Bank for Reconstruction and Development / The World Bank 1818 H Street NW,Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved 1 2 3 4 16 15 14 13 A copublication of The World Bank and the OECD. This work is a product of the staff of The World Bank and the OECD. Note that The World Bank and the OECD do not necessarily own each component of the content included in the work. The World Bank and the OECD therefore do not warrant that the use of the content contained in the work will not infringe on the rights of third parties. The risk of claims resulting from such infringement rests solely with you. 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Attribution—Please cite the work as follows: World Bank and Organisation for Economic Co-operation and Development. 2013. Integrating Human Rights into Development: Donor Approaches, Experiences, and Challenges, 3rd ed. Washington, DC. DOI: 10.1596/978-0-8213-9621-6. Translations—If you create a translation of this work, please add the following disclaimer along with the attribution: This translation was not created by The World Bank and/or the OECD and should not be considered an official World Bank /OECD translation. The World Bank and the OECD shall not be liable for any content or error in this translation. All queries on rights and licenses should be addressed to the Office of the Publisher, The World Bank, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: [email protected]. Cover design: Jihane El Khoury Roederer Foreword iii Preface vi Acknowledgements x Acronyms and Abbreviations xiii Executive Summary xx CHAPTER 1 1 Donor Policies and Rationales 1 I. A Changing Global Context 1 II. Policies and Rationales 4 III. Legal and Policy Considerations 16 IV. From Policy to Practice 25 Chapter 2. 26 Preliminary 26 I. Intrinsic Value 26 II. Instrumental Value 32 III. Other Operational Benefits 46 IV. Adaptability to Different Political and Cultural Environments 50 V. Findings and Issues for Further Consideration 51 Chapter 3. 52 Global Approaches to Human Rights in Development Programming 52 I. Human Rights–Based Approaches (HRBA) 53 II. Mainstreaming Human Rights 60 III. Human rights dialogue and Conditionality 73 IV. Human Rights Projects 77 V. Global Human Rights Initiatives 79 VI. Human Rights Research 82 VII. Implicit Human Rights Work 85 VIII. Findings and Issues for Further Consideration 90 Chapter 4 92 Policies to Integrate Human Rights into Development 92 I. UN Bodies and Specialized Agencies 92 II. European Union 103 III. The Organisation for Economic Co-operation and Development 105 IV. Bilateral Agencies 107 V. International Financial Institutions 113 VI. Emerging Donors 118 Chapter 5 121 Processes, Guidance, Assessment, and Programming Tools 121 I. Universal Periodic Review 121 II. Human Rights Guidance, Toolkits, and Implementation 124 III. Human Rights Impact Assessments 131 i IV. Human Rights Indicators 132 V. New Tools and Procedures 134 VI. Training and Learning Programmes 136 Chapter 6 138 Case Studies: Country Projects and Programmes 138 I. Bangladesh: NORAD’s Women and Gender Equality Programmes 138 II. Bolivia: SIDA Support for Education 140 III. Ukraine: The SDC Development Programme 141 IV. Fiji: New Zealand Aid Programme 144 V. Bangladesh: GIZ Judicial Reform 146 VI. Vietnam: UNICEF 146 VII. Kenya: Swedish Programmes 150 VIII. Serbia: EIB Right to Housing 152 Chapter 7 154 Case Studies: Sector-Specific Projects and Programmes 154 I. Gender Equality 154 II. Health 157 III. Education 159 IV. Disabilities 162 V. Support to Civil Society 166 VI. Labour and the Right to Work 167 VII. Torture, Inhumane Treatment or Punishment, and the Death Penalty 168 VIII. The Right to Food and Nutrition 169 IX. Indigenous Peoples 171 X. Conflict and Fragility 172 XI. LGBTI Rights 174 Chapter 8 176 Challenges and Opportunities 176 I. Institutionalization 176 II. Senior-Level Commitment, Accountability, and Communication 178 III. Budgetary Considerations 179 IV. Staff Capacities and Incentives 180 V. Adapting to Decentralization 183 VI. State Fragility and Capacity Limitations 185 VII. Partner-Country Ownership, Political Resistance to Human Rights, and Mutual Accountability 189 VIII. Aid Allocation and Aid Modalities 193 IX. Adopting a Holistic Approach to Economic, Social, and Cultural Rights and Civil and Political Rights 194 X. Policy Coherence 196 XI. Findings and Issues for Further Consideration 200 ii Foreword I welcome the third edition of Integrating Human Rights into Development as an invaluable resource for those committed to advancing engagement between human rights and development professionals and organizations. During my term as United Nations High Commissioner for Human Rights, and over the course of my work with both Realizing Rights: The Ethical Globalization Initiative and the Mary Robinson Foundation–Climate Justice, I have continued to underscore the urgent need for human rights and development agendas to work in a mutually reinforcing way in order to eliminate poverty and promote equitable and sustainable development. The areas of convergence are becoming more and more apparent, including through initiatives on climate justice, migration, inclusion, disabilities, and that further the equality and empowerment of women and girls. The message at the level of principle and broad political commitment continues to support the fundamental compatibility of human rights and development goals, as milestones of recent years have also shown. At the same time, international policy coherence remains high on the list of international priorities for donors and is of direct relevance to the integration of human rights into development. A number of policy milestones continue to guide donor programming and to promote the convergence between human rights and development at the level of principles, values, and goals. Of sustained relevance to this study, including in its third edition, is the DAC’s 2007 Action- Oriented Policy Paper on Human Rights and Development, which included ten principles designed to serve as a basic orientation on human rights in key development areas, where donor harmonization is of particular relevance. These principles continue to provide pertinent guidance to donors and international development actors, for instance in recalling the principle of ‘do no harm’ or in respect of fragile states and conflict which present particular human rights challenges for development programming. In the area of aid effectiveness, the second edition captured milestones, such as the 2008 Accra Agenda for Action which recognized respect for human rights as one of the cornerstones of sustainable development and the Fourth High-Level Forum on Aid Effectiveness, held in Busan in 2011, where donors and partners again reaffirmed the importance of shared principles, which are consistent with their international commitments and form the foundation for cooperation for effective development. iii In the past four years, the post-2015 context generated perhaps the most significant milestones with the proclamation of the Sustainable Development Goals (SDGs) and the SDG Declaration (Resolution adopted by the General Assembly on 25 September 2015; Transforming our world: the 2030 Agenda for Sustainable Development) which was unequivocal in its affirmation of the centrality of human rights to development. It clearly states, “The new Agenda is guided by the purposes and principles of the Charter of the United Nations, including full respect for international law. It is grounded in the Universal Declaration of Human Rights, international human rights treaties, the Millennium Declaration and the 2005 World Summit Outcome. It is informed by other instruments such as the Declaration on the Right to Development.” The 2030 Agenda for Sustainable Development must now be read together with the Paris Climate Agreement, and its commitment to staying “well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels”. The Paris Agreement also commits governments to achieve carbon neutrality in the second half of the century, and its terms should be interpreted in accordance with the human rights language in the preamble which requires

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