Dialogue in Pursuit of Development - Are you looking for one of ...

224
discussions about legislation, the nature of the judicial system, concrete
measures against discrimination and participation of concerned individuals,
human rights education and awareness, training and instruction of law enforcement
personnel, ombudswork and other monitoring systems, response
to civil society initiatives, etc.
Actions in these fields depend on political will, but progress cannot be
immediate and also depend on personnel and financial resources and other
circumstances. There is a growing realization that human rights can only be
ensured through a consistent policy of such ‘institution building’. Development
co-operation has increasingly been directed towards developing an
independent judiciary, training of a professional police force, reviewing of
the legislation and encouraging active non-governmental groups.
Such discussions between donors and developing countries do not exclude
frank exchanges about the current human rights situations. In fact, the
dialogue about capacity development has to be built on an honest assessment
of the present in order to be meaningful and effective.
Development co-operation and human rights
The bilateral dialogue between a donor and a developing country is usually
conducted at several levels at the same time – during ministerial visits in
both directions, between diplomats or during the regular negotiations between
government delegations on future development co-operation. This
is when political views on human rights are integrated into the discussions
on co-operation.
Developing countries tend to oppose ‘conditionality’, i.e. that aid be conditioned
on a certain level of human rights performance. At least at international
conferences, they have described such conditions as a form of blackmail
and suggested that they reflect a neo-colonial attitude and undermine
the spirit of mutual respect.
This position is understandable. There could, however, be different forms
of ‘conditionality’. One would be that no co-operation is established – or
that ongoing programs are interrupted – if there are serious violations in the
recipient country. A softer form would be that assistance is only provided if
used for human rights reform.
Are there agreed norms in this area? There is a reference in the International
Convention on Economic, Social and Cultural Rights, as well as in
the Convention on the Rights of the Child, to international co-operation
in order to also enable poor countries to implement the standards on, for
instance, the rights to health and education.
This has been interpreted as a signal that richer countries should be prepared
to assist others in their efforts to realize such costly rights. However,
it would be to stretch the interpretation of these provisions to describe
them as definite obligations to give aid.