Post on 05-Apr-2017
The Human-Rights-Based Approach in
Belarus, Moldova and Ukraine
Regional study and practical guidance on the application of
HRBA by Civil Society Organisations
Cornelia Rauchberger
1. The Human-Rights-Based Approach (HRBA) – Theory & Practice
1.1. HRBA All definitions revolve around ensuring:
Are empowered to KNOW and CLAIM their
rights
1. Those who
possess rights
(Rights Holders)
Are empowered to be able to meet
these obligations and
are held accountable
2. Those responsible
for respecting, protecting
and fulfilling rights (Duty
bearers)
Key questions of the HRBA:Who has been left behind?
Why? Which rights are at stake?
Who has to do something about it?
What do they need to take action?
1.1. HRBA: Rights Holders and Duty Bearers
DUTY BEARERS
Every individual in any country or territory of the world
RIGHTS HOLDERS
1.2. HRBA Principles (external and internal application)
• External• Partake in public policy process
• Internal• Beneficiaries and stakeholders welcome to take part in internal activities
Participation• External• Push public authorities to make decisión-making processes public
• Internal• Information on plans and decisions is public
Transparency• External• Advises duty bearers on rights violations they are accountable for and ensures the situation is remedied
• Internal• Staff are held accountable for rights violations and the CSO takes responsibility if it commits rights violations
Accountability• External• Activities aim to highlight and counter discrimination
• Internal• Real practice of equal treatment of staff, clients etc.
Equality & non-discrimination
1.3. Applying HRBA to activities and project phases
Process Outcome
Comply with HRBA principles in all phases
Build capacities of duty-bearers & rights-holders
Phase 4: Monitoring & Evaluation
Phase 3: Project ImplementationInvolve all
stakeholdersClose capacity
gapsAdhere to HR
standards
Phase 2: Project Design and PlanningSet Overall Objective
Plan programme activities
Involve all stakeholders
Phase 1: Situation AnalysisProblem
identificationProblem analysis
Stakeholder analysis
2. Current challenges and opportunities of applying HRBA in Belarus, Moldova and Ukraine
2.1.1 Belarus
• Complex and arbitrary registration procedures
• Funding restrictions • Bans on activities• Right to peaceful
assembly restrictions
Hostile legal framework
• Lack of policy dialogue
• Negative perception of human rights mainstreaming
• Politicisation of human rights issues
• Low level of knowledge and understanding of HRBA
• Donor-driven HRBA
Other obstacles
2.1.2 Moldova
Far better conditions to operate freely Engagement in policy dialogue with public authorities
Legal framework• Dependency on
foreign donations • few public grants • Scarce contracting of
CSOs• HRBA ignorance
(rights holders and duty bearers)
• Donor-driven HRBA
Obstacles
2.1.3 Moldova
Favourable legal conditions for HRBA
Legal framework• Share of informal
Organisations• Dependencey on founders
• Little public engagement in CSOs
• Lack of capacity of newer CSOs
• Unclear strategies• Current political and
military situation
Obstacles
2.2 Differences in HRBA understanding by different types of organisations (1)
7%
20%
41%
17%
15%Good understanding
Some or vague understanding
Don't know the HRBA
Wrong understanding
No answer
Levels of understanding of the HRBA by CSOs in Belarus, Moldova and Ukraine
2.2 Differences in HRBA understanding by different types of organisations (2)
Familiarity with “human rights”: does not determine the level of HRBA understanding by
different CSOs
Wrong understanding: no
clear pattern of types of
organisations
83% of CSOs with a wrong
understanding also believe they
currently practice HRBA
Special HRBA training: produced
both correct and wrong
understandings of HRBA
2.3 Currently used tools and their potential to apply HRBA (1)
Shadow reports to the UN and other Human Rights treaty monitoring bodies (e.g. Universal Periodic Review)
Collecting signatures, launching petitions (including e-petitions)
Civic monitoring of public authorities’ activities and elaboration of recommendations for them
Training of citizens, especially vulnerable groups
Networking, teaming up with peer organisations
Face-to-face meetings with our supporters
Joint working groups bringing together the representatives of public and private sectors
Lobbying, advocacy and campaigning, also through traditional and social media
Trainings/educational programs for target groups or beneficiaries
Meetings with the target groups whose rights are promoted or protected
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
2.3 Currently used tools and their potential to apply HRBA (2)
To r ai se awar en ess o f /emp ower d u ty b ear er s
To r ai se awar en ess o f /emp o wer r igh ts h o ld er s
To p r omo te h u man r igh ts
73%
82%
67%
The aim of HRBA tools used by CSOs in Belarus, Moldova and Ukraine
2.4 Correlation: “demanding rights” & “integrating HRBA into own work”
Degree of Integration of HRBA principles by CSOs in Belarus, Moldova and Ukraine
71%
32%
44%53%
65%74%
56%
44%ex-ternalinternal
“culture of complaining”
Focus on 1 particular right or group of rights
Internal accountability
2.5 Applying HRBA in situations of limitations on rights advocacy
Belarus: strict
government limitations to
HRBA application
Registering abroad
Use of tools to collaborate with
duty bearers
Use of strategies to
empower rights-holders
Work with culture, not against itShow that human rights are not a foreign concept
Emphasise capacity developmentDo the best you can in the situation you are in
Be patient and work progressively towards change
2.6 Identifying policy opportunities
• National Human Rights Strategy • EU-Ukraine Association agreement
Ukraine
• National Human Rights Action Plan• Further ratification of international HR instruments• Strengthening the legal and institutional framework on gender equality
Moldova
• Lack of Human Rights action Plan or Strategy• Potential ombudsman institute
Belarus
3. Conclusions
3. Conclusions (1)
Big potential scope of applying HRBA in the three countries
Low levels of real understanding of HRBA: most CSOs do not know how to apply the approach
Applying HRBA as a mainstreaming tool (with internal adherence to HRBA principles): has most potential for effective HRBA implementation by CSOs in the region
Underlying social norms hamper a full integration of HRBA principles into some CSOs and distort the focus of situation analysis of most CSOs
3. Conclusions (2)Ukraine• Most favourable legal and administrative conditions for CSOs• Official registration increases public credibility and allows
public dialogue• Increase in unregistered CSOs and low CSO citizenship
membership have had negative impacts on human resources and funding stability
• Negative impact of current political and military situation on capacity building of RH Moldova
• Cooperative public authorities • CSOs active in identifying socio-economic problems but
indolence to look beyond their accustomed approach of problem identification towards a HRBA
• Majority of CSOs lack either knowledge or skills to apply HRBA techniques to identifying the rights violations, rights holders, duty bearers and capacity gaps during project design
• High dependency on foreign funding
3. Conclusions (2)
Belarus• Least favourable legal and administrative conditions for CSOs:
restrictions on their registration, limitations to their funding and in extreme cases prohibition of their activities up to criminal prosecution
• Tabooing of human rights terminology in public• Mistrust between public authorities and civil society:
impacting duty bearer capacity building• Mistrust within civil society: reduces the likelihood of
sharing of knowledge & experiences between CSOs• Still potential for the HRBA to be applied
4. Recommendations for CSOs
4. Recommendations for CSOs
1. Share information and own experiences about the added value of HRBA application by CSOs in Belarus, Moldova and
Ukraine
2. Verify own level of HRBA understanding, including its
practical application, through peer support and tailored
guidance
3. When identifying a problem, take a critical look
at all actors in society, including at the inside of your
organisation
4. Make full use of existing policy opportunities and
HRBA techniques
4.1. Ukraine recommendations
CSOs focused on fighting information war: raise the awareness of rights violations that may result from fake news
Engage rights-holders and collaborate with other CSOs in the preparation of a Shadow Report for the upcoming UPR session
Actively use the Coordination Council of Civil Society Development
Use the regional civil society development programmes 2017-2020 as tool for strengthening internal CSO capacities
Engage in the monitoring of the National Human Rights Strategy implementation (local and central level)
Make efforts to increase membership and member participation
4.2. Moldova recommendations
Raise awareness among duty-bearers and rights-holders about the findings and recommendations of the UPR 2016
Raise awareness of the new Action Plan (once approved) among the general public (i.e. capacity building of rights holders) and support public authorities and other duty bearers in its implementation
Actively participate in the elaboration of the new Human Rights Action Plan
Diversify funding by exploring additional opportunities
4.3. Belarus recommendations
continue raising awareness among duty-bearers and rights-holders about the findings and recommendations of the UPR 2015
As far as possible, try to position themselves as a partner that aims to help public authorities to better do their job
Continue advocating for creating an ombudsman institute which would allow rights-holders to claim their rights and for CSOs to empower them to do so
Use the information presented in the Human Rights and Business Country Guide for Belarus, to empower rights-holders and build the capacities of duty bearers
Increase collaboration between CSOs from different spheres to share experiences on HRBA implementation, its challenges and possible ways to overcome them
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