Applying a HRBA to improvement programming :

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Lessons from UNDP Asia Pacific Rights and Justice Initiative (AP-A2J) ... Foundation: UNDP Asia Pacific Rights and Justice Initiative (AP-A2J) ...

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Applying a HRBA to advancement programming : Lessons from UNDP Asia Pacific Rights and Justice Initiative (AP-A2J)

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Presentation Overview Background : UNDP Asia Pacific Rights and Justice Initiative (AP-A2J) Some elucidations on a HRBA Rationale for applying a HRBA in AP-A2J "Substantive" and "Process" benefit of applying a HRBA to equity programming Lessons learned

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Background: Asia Pacific Rights and Justice Initiative (AP-A2J) KNOWLEDGEPROBLEM KNOWLEDGESTRATEGY INTENDED OUTCOME Growing acknowledgment of equity division as key for peace and improvement, yet lacking effect of existing projects on MDGs and destitution destruction Development of provincial " group of experts " on access to equity Strengthened UNDP's specialty, information and limits on equity for MDGs and neediness annihilation Bottom-up process Use of a HRBA

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PRACTITIONERS' GUIDE to section points– and other programming apparatuses Extraction of contextual analyses/lessons learnt A2J PRIMER – Concise presentation Network of professionals Outsourced inquire about KNOWLEDGE MAP – Research instrument Participatory evaluations WEBPAGE - Home base Workshop with outside accomplices COMMUNITY OF PRACTITIONERS Background: Asia Pacific Rights and Justice Initiative (AP-A2J) PRODUCTS PROCESS V W I O S R I K O S N H I O N P G CREDENTIALS-Communication Tool SURF Facilitation of system Backstopping of exercises Desk investigate External and inward correspondence Coordination of toolbox creation)

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Some illuminations on a HRBA Human Rights versus Human Development HRBA versus Human Rights HRBA expands on Human Development and Capacity Development Human Rights-based approach (HRBA): A system for the procedure of human advancement that is normatively in light of, and operationally coordinated to, the improvement of capacities with regards to the acknowledgment of human rights

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Rationale for the utilization of a HRBA in AP-A2J N ORMATIVE UN Charter 1945 UN Reform 1997, 2002 1998 UNDP Policy Millennium Declaration 2000 INSTRUMENTAL Shift towards improvement viability Development Effectiveness : " forms that create comes about, particularly comes about that are ace poor and advance value " (UNDP DER, 2003)

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Why a HRBA? Managing expanding imbalances Persistence of neediness, lacking advancement towards MDGs Growing disparities Elite catch Increase in brutal clash Need for EQUITY Universal NORMATIVE direction for improvement handle es and results Accountability Non-segregation AP-A2J: "When reasonableness just achieves a few, equity is truant"

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HRBA's esteem added to advancement programming

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Putting distraught individuals at the inside Prior to applying a HRBA: When applying a HRBA: Poverty lessening and different MDGs Poverty decrease and different MDGs Economic development DISADVANTAGED PEOPLE MARKET Access to equity : people groups to shield themselves against misuse from those with more power, consider political pioneers responsible, and resolve clashes that are individual or group without reestablishing to viciousness Rule of Law : Reduces political dangers to financial specialists and chops down exchange costs, advancing organizations and ventures and along these lines mitigating destitution

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Definition of "Access to Justice " Identifies equity with cures , not just with administrations Distinguishes free market activity side of equity (diverse limits however both required) Explicit about the nature of equity (conscious of human rights) Recognizes both formal and conventional equity components HRBA's ADDED VALUE

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Normative Protection (International Law, Constitution, Laws & Regulations, Customary Law, Jurisprudence) A2J SUBSTANTIVE MODEL Legal Empowerment (Demand for cures) Legal mindfulness Legal guide and insight Other strengthening related limits (and so forth security, budgetary hazard) Scope of examination Provision of Effective Remedies (Supply of cures) Adjudication instruments (formal and conventional) Enforcement (police, penitentiaries) Civil society oversight Definition Access to equity = capacity of individuals to look for and get a cure deferential of essential human rights

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ENFORCEMENT AND CIVIL SOCIETY OVERSIGHT NORMATIVE PROTECTION GRIEVANCE LEGAL AWARENESS ENFORCING NAMING WINNING BLAMING R ISK = 0 CLAIMING ADJUDICATION LEGAL AID AND COUNSEL

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NORMATIVE PROTECTION OF RIGHTS LEGAL EMPOWERMENT CAPACITY TO PROVIDE EFFECTIVE REMEDIES Legal mindfulness Accessible mediation By International and Constitutional Law Judicial System BANGLADESH NEPAL PHILIPPINES MONGOLIA INDONESIA FIJI IRAN INDIA RRRT FIJI INDONESIA NEPAL IRAN SRI LANKA CHINA MONGOLIA RRRT CAMBODIA IRAN NEPAL INDONESIA PHILIPPINES FIJI RRRT Quasi-legal bodies NEPAL MONGOLIA INDONESIA SRI LANKA BANGLADESH PHILIPPINES By legitimate and administrative structures Legal advice Indigenous/customary frameworks INDONESIA CHINA NEPAL CAMBODIA BANGLADESH VIETNAM RRRT BANGLADESH IRAN CHINA INDIA Enforcement Police Prison System INDIA RRRT Other strengthening related limits By Customary Law Civil Society Oversight INDIA SRI LANKA PHILIPPINES

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NORMATIVE PROTECTION OF RIGHTS LEGAL EMPOWERMENT CAPACITY TO PROVIDE EFFECTIVE REMEDIES Legal mindfulness Accessible arbitration By International and Constitutional Law Judicial System BANGLADESH NEPAL PHILIPPINES MONGOLIA INDONESIA FIJI IRAN INDIA RRRT FIJI INDONESIA NEPAL IRAN SRI LANKA CHINA MONGOLIA RRRT CAMBODIA IRAN NEPAL INDONESIA PHILIPPINES FIJI RRRT Quasi-legal bodies NEPAL MONGOLIA INDONESIA SRI LANKA BANGLADESH PHILIPPINES By lawful and administrative systems Legal advice Indigenous/conventional frameworks INDONESIA CHINA NEPAL CAMBODIA BANGLADESH VIETNAM RRRT BANGLADESH IRAN CHINA INDIA NEPAL, EAST TIMOR, PHILIPPINES Enforcement Police Prison System INDIA RRRT BANGLADESH PHILIPPINES Other strengthening related limits By Customary Law INDIA INDONESIA SRI LANKA Civil Society Oversight INDIA SRI LANKA PHILIPPINES INDIA INDONESIA

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HRBA's SUBSTANTIVE VALUE in equity programming WHAT TO PROGRAMME? Concentrate on most distraught gatherings and their privileges as individuals Strengthens Human Development and Capacity Development viewpoints Brings procedure of advancement to the cutting edge PARADIGM SHIFT Change in the ASSUMPTIONS hidden equity projects, and consequently in their SCOPE

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HRBA's PROCESS VALUE in equity programming HOW TO Program ? Enhances evaluation and examination Actively looks for consideration of most hindered individuals Improves responsibility frameworks Expands organizations and fortifies correspondence streams DEVELOPMENT EFFECTIVENESS " forms that create comes about, extraordinarily comes about that are ace poor and advance value" (UNDP DER, 2003)

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AP-A2J'S ASSESSMENT AND ANALYSIS: Legal Aid illustration CAPACITY ANALYSIS HR STANDARDS ENTRY POINTS Immediate causes Underlying causes Legal guide is not accessible Improving legitimate instruction while extending administrations (e.g. law facilities) Strengthening open resistance frameworks Improving master bono lawyering Expanding paralegal exercises Promoting elective lawyering and formative lawful guide Expanding the scope of "lawful guide" to incorporate monetary and psycho-social support in the legitimate procedure Doesn't know the cure exists and how to get to it ROLE/PATTERN ANALYSIS Her qualification to cures is not perceived by formal or conventional law Legal Aid is not reasonable Cannot get to gifted help to seek after the lawful procedure Available lawful guide is deficient Cannot bear the cost of physical, social and financial dangers required in requesting equity Does not have the ability to assert a perceived cure Internal elements: Isolation, Illegality, powerless hierarchical limits LACK OF ACCESS TO JUSTICE Institutions don't have ability to give a cure when looked for Discouraged by institutional and basic snags, bringing about absence of certainty that cures can be come to

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Seeking the consideration of most impeded individuals HRBA's IMPLICATIONS IMPACT ON AP-A2J STRATEGIES Focus on burdened individuals (disaggregation amid appraisal and investigation) " Meaningful" cooperation – Requires satisfactory limits Strengthen/make channels of correspondence between case holders and obligation bearers Expanded organizations Target bunches : urban/provincial poor, ladies, indigenous individuals and ethnic minorities, transient and IDPs, individuals living with HIV/AIDs, individuals with physical/mental debilitation Partnerships with NGOs/academe Participatory research (India) Guidelines for participatory discussions on access to equity

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A HRBA reinforces responsibility frameworks Risk administration: A HRBA uncovers conflictive measurements in enabling procedures and manages them: Implementation of A2J structure requests : Developing abilities to guarantee and satisfy at the same time Assessing sway on center gatherings and other distraught gatherings influenced Minimizing dangers of guaranteeing rights – cross-cutting ramifications Providing for mediatio n Results-introduction: Clear structure of privileges and commitments for process and results Refined Monitoring and Evaluation (M&E) frameworks Systematic consideration of common society oversight and fortifying of correspondence streams

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Sample result pointers for equity programs

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Lessons Learned (1) A HRBA can do "better advancement", and it is generally easy to apply in programming, yet: A HRBA is still an approach really taking shape, albeit progressively solid (UN Common Understanding 2003) The effect of a HRBA on destitution annihilation stays to be surveyed A HRBA does not ensure the acknowledgment of human rights: Realizing human rights requires both readiness and limit : A HRBA tries to devel

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