Lessons Learned From Rights-Based Approaches in ... - HRBA Portal

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LIST OF ABBREVIATIONS USED: CAT: Convention Against Torture CEDAW: Convention on Discrimination Against Women CRC: Convention on the Rights of the Child BRAC: Bangladesh Rural Advancement Committee DfID: Department for International Development GB: Grameen Bank HPSP: Health and Population Sector Projects ICCPR: International Covenant on Civil and Political Rights ICERD: International Convention on the Elimination of Racial Discrimination ICESCR: International Covenant on Economic, Social and Cultural Rights IDS: Institute of Development Studies NGO: Non-governmental organizations OHCHR: Office of the United Nations High Commissioner for Human Rights RDRS: Rangapur Dinajpur Rural Services 14
1. Background and Rationale: Country and Programme Context: The Constitution of Bangladesh, promulgated in 1972, clearly underlines the country’s commitment of rights for all. However, in reality, the situation for its citizens is one of violations of basic rights as much as the observance of rights. 3 These violations of basic rights or lack of respect for the rights of the citizens has serious repercussions in accessing justice or realizing the right to development for the vast majority of the country’s population who are poor and vulnerable, and who rely for their survival on relationships that position them as dependent on more powerful patrons. Such violations or constraints in realizing rights have been further exacerbated by a situation, far from unique to Bangladesh, but nevertheless especially prevalent and pervasive in Bangladesh – that of widespread corruption and lack of transparency and accountability at various levels. It is important to note at this juncture that a lack of any effective provisions for a ‘right to information’ law has further bred the endemic corruption and resultant lack of accountability and transparency present at virtually all levels of governance in the country, leading ‘Transparency International’ to have rated Bangladesh as the ‘most corrupt country in the world’. 4 Policy and Legal Framework: The 1972 Constitution of Bangladesh embodies the principles of democracy, nationalism, socialism and secularism and lays out the guiding principles related to the rights of the citizens. These include the fundamental right to life and personal liberty, privacy, equality, non-discrimination, freedom of movement, religion, expression, thought and conscience, and even of property. The Constitution further states that any law that is in contravention with these fundamental rights will be considered void, and that no law in conflict with fundamental rights can be enacted. The Constitution provides enforceability of fundamental rights by way of petition in the Supreme Court of the country. Also, the Constitution has provisions containing Fundamental Principles of State Policy that address the need for the State to ensure the availability of food, shelter, employment and education for all its citizens. It could thus be stated that the Bangladeshi Constitution is the guiding document that not only lays down the rights that the citizens are entitled to, but also provides the State’s obligations towards the fulfillment of such rights by ensuring their justiciability of the same. The international legal framework to which Bangladesh subscribes through its ratification of various international conventions on rights is also quite comprehensive – the country has acceded to the International Covenant on Economic, Social and Cultural Rights (ICESCR); the International Covenant on Civil and Political Rights (ICCPR); the International Convention on the Elimination of Racial Discrimination (ICERD); the Convention on Discrimination Against Women (CEDAW); the Convention Against Torture (CAT); and the Convention on the Rights of the Child (CRC). The country has also ratified the CEDAW Optional Protocol and the two CRC 3 Naila Kabeer, IDS Working Paper 200, “Making Rights Work For The Poor: Nijera Kori and the Construction of Collective Capabilities in Rural Bangladesh”, Institute of Development Studies, University of Sussex, England, United Kingdom. 4 2001 ‘Corruption Perception Index’, Transparency International. 15
Page 1 and 2: Documentation of Case Studies Edito
Page 3: Lessons Learned From Rights-Based A
Page 6 and 7: 7. USING RIGHTS-BASED PROCESSES TOW
Page 8 and 9: By capturing some such experiences
Page 10 and 11: And finally, Ricelie Maria Gesuden
Page 13: 1. Using Rights-Based Strategies to
Page 17 and 18: Prominent amongst this fourth type
Page 19 and 20: Nijera Kori and the Genesis: Agains
Page 21 and 22: Formation of landless groups: One o
Page 23 and 24: economic activity is an integral pa
Page 25 and 26: Charjabbar - two remote areas - hav
Page 27 and 28: of participation and accountability
Page 29 and 30: elationships of dependency on patro
Page 31 and 32: SELECT BIBLIOGRAPHY: Christensen, R
Page 33: Adopting Rights-Based Strategies in
Page 36 and 37: LIST OF ABBREVIATIONS USED: ADHOC:
Page 38 and 39: Covenant on Civil and Political Rig
Page 40 and 41: 2. The Study of the UNSECO-initiate
Page 42 and 43: where groups of former Khmer Rouge
Page 44 and 45: Box 2: Summary of survey conducted
Page 46 and 47: undertaken at a later stage) forms
Page 48 and 49: 5. The Value Added of Using Rights-
Page 50 and 51: SELECT BIBLIOGRAPHY: Amnesty Intern
Page 53 and 54: 3. Using Rights-Based Programming P
Page 55 and 56: 1. Background and Rationale: Countr
Page 57 and 58: Human Rights and the Role of Civil
Page 59 and 60: The objectives for achieving these
Page 61 and 62: Impact Macro To influence /frame po
Page 63 and 64: Box 1: Community Paralegals - Devel
Page 65 and 66:
The Solomon Islands draft Constitut
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advocacy, lobbying, planning and mo
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� Empowers communities through ca
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officials have commended RRRT for a
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operate under a culture of rights t
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� Dangers of “elite capture”
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Accessing Primary Education The San
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LIST OF ABBREVIATIONS USED: ABONG:
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development index is based on measu
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formulated which set the goal of fr
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Box 1: The 93rd Constitutional Amen
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Box 2: Some Noteworthy Government S
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It also meant uniform, rigid syllab
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communities demanding the right to
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Process: It was to combat such deep
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effective partnerships with the dis
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demand for such a facility by the l
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Capacity/Role of Duty-Bearers in Ad
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Positive Lessons Learned One key th
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cooperation of teachers’ lobbies.
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as education brings with it knowled
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http://66.102.7.104/search?q=cache:
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5. The Right to Food Campaign in In
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RTI: Right to Information SCs: Sche
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million tonnes in recent years and
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during emergencies. However, inspit
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nation-wide, combined with social s
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Objectives of the Project: The Camp
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� Capacity development strategies
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the Right to Food in India is a jus
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free medical facilities and issue 2
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at the minimum, this required that
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The Campaign has also used a Copy o
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Box 6: Ensuring Sustainability of G
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SELECT BIBLIOGRAPHY: Banister, J.,
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United Nations Development Programm
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LIST OF ABBREVIATIONS USED: BPL: Be
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India and the Right to Information
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the slogan 'Our Money-Our Accounts'
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Box 2: Targeting Media a Key in Ena
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ii) Supporting capacity development
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approaches, the supply side targets
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While there have been shortcomings
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Moreover, workshops with local publ
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internet surfing), thereby augmenti
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due to the presence of a very highl
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� Use of some rights-based tools
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7. Using Rights-Based Processes Tow
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1. Background and Rationale: Countr
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women within the household bore (an
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those most vulnerable to it is the
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improve the quality of life WLHAs b
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3. Process: Various processes that
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• Document success stories and li
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to enable them to understand their
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public hearings in order to generat
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120 representatives of PWN+ and INP
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and these milestones have enabled h
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to take the messages of the women f
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UNAIDS South Asia Inter-Country Tea
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Ensuring Sustainable Livelihoods -
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LIST OF ABBREVIATIONS USED: ASEAN:
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Since the fall of President Suharto
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from other forms of political invol
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and practices that force accountabi
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implemented at the farm level, resu
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to make laws that reflect poor farm
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The Right to Be Heard Strategies us
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•Organising •Problem Mapping Fa
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In the case of the farmers in Centr
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Gaining membership of the Agency fo
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The rights-based approach helped OX
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of South East Asian Nations (ASEAN)
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SELECT BIBLIOGRAPHY: Background Pap
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222
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9. United Nations Development Progr
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1. Background and Rationale: Access
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UNDP Indonesia, in partnership with
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programme staff have increased thei
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settings where sectarian violence h
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ights-based programming strategies
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partners, through vigorous training
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Adopting Rights-Based Programming S
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LIST OF ABBREVIATIONS USED: ADB: As
Page 244 and 245:
In terms of its international commi
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personal and domestic uses, “prio
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* Monitor and evaluate both outcome
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Case Study/Project Context: Followi
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(these organizations have extensive
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and placed greater focus on partner
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Learning for the RWSS program throu
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Using the Seven Steps Approach: The
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Figure 4: A NAM SAAT official expla
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Committee reflects the voices of th
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visible gains - cases of diarrhea,
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� Fostering rights-based principl
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essential contribution in assisting
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� Enabling other agencies to part
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to the quality of construction. In
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Lopes, Carlos., and Theisohn, Thoma
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11. Using Rights-Based Approaches t
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1. Background and Rationale: The St
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work on behalf of this particular s
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time, a wider range of literacy and
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Stakeholders Involved: The REFLECT
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on the rise - the community, as a w
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group strength to undertake cohesiv
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vi) Using the participatory review
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for their role as midwives and are
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catalysts in the process of accessi
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there is fear that many of the gain
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Phnuyal., Bimal, article on “The
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Promoting Media-Community Action fo
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LIST OF ABBREVIATIONS USED: AIJC: A
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1. Background and Rationale: Countr
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the communities - and complemented
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formulation, enforcement and adjudi
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knowledge on use of rights-based ap
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egan developing a daily program cal
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focused Government agency in the co
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that these undertakings are not det
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Chamber of Commerce and the Iloilo
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� Strong civil society acting as
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Following from the above, the pract
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SELECT BIBLIOGRAPHY: Batario, Red.,
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13. The Application of the Human Ri
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1. Background and Rationale: This c
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add an ambitious time frame: “Fro
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The Resident Coordinator highlighte
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Based on the discussions and agreem
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to also recognize that few of the m
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CCA also contains references to the
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increasing user fess for social ser
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It is also interesting to note the
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Challenges: � Placing more emphas
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SELECT BIBLIOGRAPHY: Garcia-Mendez,
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Draft copy for the September 2005 A
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