Human Rights-based approach planning

The human rights-based planning can be defined as a normative and conceptual framework for the planning and programming process. It is built on the implementation of international human rights standards. On this basis, it is about drawing up policies on the basis of "rights" and not "needs". Indeed, there is yawning gap between the two concepts. The first is what is entitled to a person because he or she is a human being and it can be enforced by law to secure the right of this person to live in dignity. The state shall be in charge of implementing these rights and it is bound by this. However, the second is an aspiration or ambition that may be legitimate, but without being linked to any commitment of the government or any other party. Hence, the concept of human rights-based planning is based on integrating the "binding" international standards in public policies, plans and projects. These standards which are enunciated in the international human rights instruments rest upon many significant principles that should be taken into account in every programming and planning process.

The implementation of the human rights approach entails firstly the definition of the goals targeted on the basis of particular rights, as applicable entitlements related to the standards provided for in the Universal Declaration of Human Rights and the international, regional and national human rights instruments. Experts deem that the integration of a human rights approach requires the following terms:

- Adopting the international standards by ratifying the human rights instruments and integrating them in public policies and programs;

- Making the governments directly responsible for implementing such rights in favor of different groups, insofar as they are rights and not needs that the governments consider they should meet;

- Providing support for the governments to implement such rights and defining the legal measures that the international community or citizens should take in case the governments do not meet their commitments;

- Adopting human rights indicators and regular monitoring measures to ensure that these commitments are met.

The concept requires that the following general human rights principles provided for in the international instruments be taken into account as a prerequisite for the integration of human rights:

Universality, interdependence and indivisibility of all human rights

Human rights are universal and indivisible. They are entitled to all human beings. They are indispensable and no one can take them out. They are indivisible whether they are civil, political, economic, social or cultural. They should be treated with the same priority. They are interdependent. Enjoyment of one right is indivisibly inter-related to the enjoyment of other rights. The principle of universality means that all human rights are applied to all human beings at any time, as proven by the international instruments. This principle was highlighted at the World Conference on Human Rights held in Vienna in 1993, acknowledging that there are some particularities that should be observed, without any prejudice to the said principles. These particularities, on the contrary, should be a source of enrichment.

The fact that human rights are indivisible means that they are equal. For example, economic and social rights cannot be prioritized over civil and political rights or vice versa, whatever the reasons may be.

Accountability

The human rights-based approach relies on increasing the degree of responsibility and promoting accountability by defining the right-holders (and their entitlements) and duty-holders (and their obligations). In this regard, the positive obligations (protection and promotion) towards the right-holders, the negative obligation (preventing violations), in addition to the duties falling on all categories, including individuals, communities, states, local authorities, private sector and international institutions should be taken into account. This means the creation of institutions and adoption of laws, policies, measures, practices and mechanisms to ensure the accountability in order to guarantee access to rights and respond to the claims of violations. This would include drawing up and amending national legislations, establishing courts, administrative equity commissions, arbitration commissions, ad hoc committees, in such a way as to prove the implementation of international standards and their translation into local tools to measure the progress made in human rights and promote the accountability of the parties responsible for human rights violations.

For all human rights, not only should the state have the political will, but it should also have the ability to draw up legislative, administrative and institutional mechanisms which are necessary for the fulfillment of such rights. For the economic and social rights, such as health, education, and housing, provided for in the International Covenant on Economic, Social and Cultural Rights, the state should undertake to take steps, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant. The state's failure to fulfill these duties is a prejudice of the commitments enunciated in the Covenant.

The same thing can be said about the civil and political rights enunciated in the International Covenant on Civil and Political Rights. By virtue of this Covenant, the state undertakes to respect and take the necessary steps to promote the respect for and protection of human rights. In this regard, it is worth mentioning that all human rights are interdependent and complete each other. For example, a prejudice to the right to health would raise questions about the right to education, knowledge or housing. In all cases, the mission of monitoring and follow-up is of paramount importance to assess the progress made and define the shortcomings. Despite the fact that the state is responsible for implementing rights, the international community should commits itself to reinforce international cooperation so as to build capacities and provide financial and technical resources to assist the developing countries.

Empowerment

As mentioned above, the planning should be based on rights and not needs. That is, those who benefit from a human rights public policy should be possessors and managers of these rights; taking into account that human being should be at the centre of the development process, either directly or through representatives, or civil society institutions. The goal is to provide human beings with the ability, potential and competence to improve their lots, develop their societies and handle their fates. They should not be passive receivers; rather, they should contribute to drawing up and benefiting from policies. This means that different categories should be targeted to raise their awareness so that they play their appropriate role in society, particularly people with special needs such as the poor, unemployed, displaced, handicapped and marginalized such as children, youth and women especially in rural areas. Also, they should be rehabilitated by instilling confidence in them, developing their capacities to improve their living conditions through achievable programs and activities, and including them in this to prevent the competent elite to plan and make decisions unilaterally.

Participation

The approach requires a wide participation by different components of society such as, associations, trade unions, political parties, media, minorities, indigenous populations, rural and agricultural forces, women, youth, children, the elderly and so on. The participation should be effective and not symbolic. Therefore, special attention should be given to opening-up and transparency. Opportunities should be given to different categories to get acquainted with development plans and policies, and express their views and ambitions; that is, genuine participation in drawing up projects, programs and activities on the promotion of human rights and reinforcement of relevant institutions. Also, awareness about human rights should be raised and reform ways and mechanisms should be disseminated among beneficiaries and partners.

The right to participation is based on the provisions of the International Bill of Human Rights as regards the participation in public affairs through the rights to organization, assembly, expression and publication. This requires a constitutional, democratic and multi-party system that ensures for everybody the right to vote and be elected in free and fair elections. The system should guarantee for the disadvantaged and the poor the right to take part in decision making and implementation as regards all rights.

In many developing countries, the reality proves that the policies on economic and social transformation have not provided yet a supportive environment to enable people to develop and express their full potential and creativity, and implement their role in decision-making to face the problems of their daily life. Therefore, necessary steps should be taken to ensure the genuine participation and fulfill people's basic rights, define the frame organizing the relation between the state and citizen, enhance the people's feeling of belonging to the nation, refresh the concept of citizenship rights, and modernize the political and administrative structure governing the relation between the citizen and the state.

Equality and non-discrimination

The principle of equality and non-discrimination is a primary principle of human rights. Human rights are for everyone, be they poor or rich, literate or illiterate, men or women. The international law prohibits discrimination in the enjoyment of human rights on any ground, such as race, color, religion, opinion, language, property, gender or birth. Therefore, any discrimination between human beings means that a category is better positioned than the other; therefore the rights of the latter are not full, which requires that the laws and institutions including a discrimination against a group or an individual be abolished, and necessary resources for these groups or individuals to benefit from public policies and programs be provided. On this basis, in the human rights-based planning, special attention should be given to equality of all, namely the marginalized groups such as women, persons with special needs, victims of disasters, prisoners and so on.

By Hamid El Kam,CDIFDH Director