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The Rights‐based Approach to Development: Potential for Change or More of the Same?
Abstract
This article discusses the implications of the adoption of rights-based approaches (RBAs) to development by the UN and its agencies, bilateral development agencies and international development NGOs. While this has allowed human rights language into the world of development programming, a development which has been met with much approval, sceptical voices argue that the development industry has taken the high-minded concerns of human rights instruments and moulded them to its own purposes and that not much is likely to change in policies and programmes. Given the critique of the RBA on grounds of its refusal to interrogate economic liberalisation, its implied reliance on the legal apparatus and its exaggerated claims, it is open to question whether it will deliver development based on human rights. The concerns raised about the RBA signal the need for caution on the part of feminists, especially in the light of how the development industry has digested previous analyses and approaches.
... It is also unclear what human rights based approach implies at the project level of NGOs (Nelson and Dorsey, 2003). However, right based approaches have a common base which is both international and regional right instruments (Tsikata, 2004). In terms of the selection of RBA, the sociopolitical context of country as the determining factor sometimes, positions as a challenge to the implementation of RBA programs (Filmer-Wilson, 2005). ...
... The first and foremost argument is that RBA is just, " a pretty new bottle of old wine " (Chapman et.al. 2005) and a mere redressing of language (Tsikata, 2004) for redefining poverty and miseries (Uvin, 2002). Such arguments point out the fact that participatory and empowerment approaches that RBA gives high attention is hardly a revolutionary idea. ...
... Such arguments point out the fact that participatory and empowerment approaches that RBA gives high attention is hardly a revolutionary idea. It is because they exist in development discourse since 1960s, without claiming it for human rights approach to development (Tsikata, 2004; Uvin, 2007). It is undisputable that the human-rights paradigm constitutes the basis for a different practice but has been much harder to achieve and implement (Uvin, 2007) due to the existing gaps between the rhetoric and execution of RBA. ...
Poverty, caste and gender inequities continue to challenge the creation of economically and socially just societies in Nepal. In such a context, international non-governmental organizations (NGOs) are emerging as important developmental actors in reforming social institutions such as belief systems, attitudes, and traditions, among others. International NGOs are internationally funded organizations that have been working towards building strong and just communities in Nepal since the 1960s. This study explored the International NGOs approaches to institutional reforms in Nepal. This qualitative study was conducted with ten International NGOs operating in Nepal in the areas of gender and caste equity. The data collected from interview, focus group discussions and secondary research were analyzed in terms of emerging themes and for external validity interpreted from human rights and development theories. The study found that the development emphasis is on the capacity building of women, dalits and their organizations, partnership with local organizations, participatory development and advocacy, social investment, awareness education, and social and economic empowerment. As a result, marginalized groups have been able to unite, organize and advocate for their rights and state accountability. This also reveals that International NGOs are adopting right based approach to development. This paper will look at how International NGOs are undertaking development policies as a way of reforming social institutions in a Himalayan country ridden by a decade-long conflict.
... It also limits organizational efficiency, wastes the potential skills of people and harms individuals at personal levels. Moreover, it has an impact on the upbringing of children who in most cases tend to learn from adults (Tsikata, 2007) [27]. ...
... It also limits organizational efficiency, wastes the potential skills of people and harms individuals at personal levels. Moreover, it has an impact on the upbringing of children who in most cases tend to learn from adults (Tsikata, 2007) [27]. ...
... The RBA also identifies the state as the main target of right claims, and this can obscure the role of global institutions in creating global and national environments (though unfair trade agreements and a liberal economy, for example) that may constrict human rights (Y. Graham, interview, 28 December, 2008;Tsikata, 2004). ...
... The approach of Civic Response acknowledges that the language of legal human rights may excise those issues which are difficult to couch in terms of legal human rights, especially in Ghana's conservative legal space. Such issues include globalisation and global power relationships, trade policies, class and gender, to name a few (Tsikata, 2004;also D. Tsikata, interview, 31 December, 2008). ...
... 145 It remains, however, somewhat hazy and its ubiquity seems inversely related to any agreement on its precise legal force and content. 146 In a welcome attempt to systematize its various meanings in different contexts, Gauri and Gloppen distinguish four 'analytic components' of RBD, notably what they term 'international legal precepts', 'donor-regulations and conditionalities', 'normative beliefs', and 'constitutional rights'. 147 The first of these is consonant with the 'deep monitoring' paradigm adopted, inter alia, in the CESC's IBSA procedure discussed above. ...
... She resigned in 2002. Goetz (2003), Tsikata (2004) and others argue for a change in the 'culture of the institutions'. Even though there have been three consecutive women Speakers of Parliament, my personal observation is that the culture has not changed significantly. ...
... She resigned in 2002. Goetz (2003), Tsikata (2004) and others argue for a change in the 'culture of the institutions'. Even though there have been three consecutive women Speakers of Parliament, my personal observation is that the culture has not changed significantly. ...
... She resigned in 2002. Goetz (2003), Tsikata (2004) and others argue for a change in the 'culture of the institutions'. Even though there have been three consecutive women Speakers of Parliament, my personal observation is that the culture has not changed significantly. ...
... • universally agreed basic standards which aim to ensure that every person is treated with dignity and respect; • interdependent and indivisible which means that rights are linked and non-observance of one right may impact on another; • inherent to all persons without discrimination, and irrespective of the political system of the state. The principle of non-discrimination is at the centre of human rights and features in the major human rights treaties; • usually set out in law, through international or regional treaties, or national legislation where they form a legal statement of universally accepted principles of how the state should treat its citizens and others within its jurisdiction has been suggested that they bring with them a number of distinct advantages (Tsikata, 2004). In particular, it is argued that they help to more clearly identify and nominate rights and duty holders, i.e. they clearly set out the responsibilities of key actors, including public administration. ...
Chapter 3 turns its attention to exploring some of the ways in which the idea of social justice can be understood. Taking Barrington’s lead, the chapter supports the potential for deeper investigation and awareness within public administration of the many complexities of social justice, thereby reducing the level of ‘mystery, unpredictability and irrationality’ associated with it. It explores ideas about how social justice might be conceived from a variety of positions; national and international law; historical public policy discussions; political theory as well as religious teaching. It quickly becomes clear from this analysis that social justice is a highly ideological and highly contested concept, as is evidenced in Dáil debates on the issue in 1940s and 1950s Ireland. In this chapter, presentation of any single prescription of what social just means is avoided, though the need for a broader dialogue about what justice means in Ireland in the 21st Century is advocated
... These discourses have been theoretically linked with IPV in Ghana. Tsikata (2004) and Ofei-Aboagye (1994a) utilized the concept of rights in the discussion of IPV in Ghana, by arguing for changes in matrimonial laws to make IPV a ground for divorce. Utilizing the feminist perspective, Ofei-Aboagye (1994b) and Amoakohene (2004) attributed IPV to the subordinate position of women in society and concluded that normalization of IPV was the result of the entrenchment of male dominance in the society. ...
Although studies have revealed that there are numerous confounding factors affecting intimate partner violence in non-Western societies, the relevance of lineage ties has been overlooked. This article focuses on intimate partner physical violence (IPPV). Specifically, it employs data from the 2008 Demographic and Health Survey to examine the relationship between lineage groups and IPPV in Ghana. Data analyses reveal that married women who belong to patrilineal groups are more likely to experience IPPV, even after controlling for important sociodemographic factors, such as educational status and area of residence. Specifically, the probit regressions show that all else equal, the probability of experiencing IPPV is about 5 percentage points higher for women from patrilineal societies than for women from matrilineal societies. The logit regressions reveal that women from patrilineal societies are about 1.4 times more likely to experience IPPV than women from matrilineal societies. This research contributes to the scarce literature on the nature of domestic violence among women in sub-Saharan Africa.
... There are several recurring criticisms of human rights-based approaches in achieving social and economic justice (Tsikata 2004). It is often pointed out that the legalistic and technocratic institutional apparatus of international human rights is generally inaccessible to grassroots organisers and associated more with the top-down imposition of policy than with participatory development. ...
The dominant perception is that Irish society has responded to the current economic crisis in a relatively muted, moderate and passive fashion. How can we explain this apparent absence of political contestation or protest in Irish civil society? Various cultural and historical explanations
can partially explain this apparent passivity; the approach here complements these explanations by exploring the institutional nature of the Irish state as an explanatory factor for the nature of the Irish civil society response to the crisis. Having first defined civil society and explored
the scale and scope of Irish civil society, the article focuses on whether, or to what extent, the relative absence of a progressive civil society or movements can be partially attributed to the institutional nature of the Irish state. Five institutional or state-centred rationales are offered:
the populist nature of Irish political parties; patterns of interest group formation; clientalism; corporatism; and state strategies to silence dissent. The impact on civil society of the increased marketisation of public goods is briefly discussed. The article argues that more critical awareness
in civil society of how populist state institutions influence civil society will open up new possibilities for civil society strategies. It concludes by examining how institutions, interests and ideas might change. Society needs to develop a greater public sphere where cross-sectoral progressive
alliances can demonstrate popular support for alternatives.
... There are several recurring criticisms of human rights-based approaches in achieving social and economic justice (Tsikata 2004). It is often pointed out that the legalistic and technocratic institutional apparatus of international human rights is generally inaccessible to grassroots organisers and associated more with the top-down imposition of policy than with participatory development. ...
This article contributes to cross-disciplinary engagement with the idea of transnationality through a discussion of transnational feminisms. In particular, it reviews and responds to some of the more critical readings of the women's human rights paradigm and its role in underpinning,
or not, emancipatory transnational feminisms in a context of increasingly fragmenting globalisation. The author considers two broad categories of critical readings of transnational women's human rights: anti-universalist and praxis-oriented. This includes discussions of recent feminist articulations
of the ‘cultural legitimacy thesis’ and ‘vernacularisation’ and of obstacles to contesting the oppressions of neo-liberal globalisation through human rights feminisms. Ultimately, the author argues that the emancipatory possibilities of human rights-oriented transnational
feminisms reside in dialogic, solidarity-building feminist praxis tied to transnational processes of counter-hegemonic (re)interpretation and (re)claiming of human rights from previously excluded positions.
... • universally agreed basic standards which aim to ensure that every person is treated with dignity and respect; • interdependent and indivisible which means that rights are linked and non-observance of one right may impact on another; • inherent to all persons without discrimination, and irrespective of the political system of the state. The principle of non-discrimination is at the centre of human rights and features in the major human rights treaties; • usually set out in law, through international or regional treaties, or national legislation where they form a legal statement of universally accepted principles of how the state should treat its citizens and others within its jurisdiction has been suggested that they bring with them a number of distinct advantages (Tsikata, 2004). In particular, it is argued that they help to more clearly identify and nominate rights and duty holders, i.e. they clearly set out the responsibilities of key actors, including public administration. ...
This book identifies that a key challenge facing Ireland, perhaps more at this point in its history than ever before, is the promotion and protection of social equity and social justice. In this vein, it explores whether the Irish system of public administration is central the realisation of this objective. In addressing this topic the book develops a conceptual rationale for a deeper and more explicit social equity role for public administration in Ireland. This draws on existing theoretical material, primarily from the US and will highlight the vacuum that exists in Irish (and indeed UK) scholarship on this issue. Alongside this framework a series of local and national level interviews and case studies provides an examination of the evolution of public administration in Ireland and, in particular, helps to identify some of the challenges encountered in efforts to embed a social justice agenda over the past 20 years. In particular, the issue of citizen participation is explored as an area which has generated considerable rhetoric but which has failed to embed itself at the heart of the administrative system. The book concludes by offering concrete directions for enhancing the role of public administration in promoting social justice, setting a challenging agenda for both for public administration practice and scholarship. In doing so, it offers an agenda for the promotion of an expanded social inclusion agenda that can thrive despite the budgetary constraints that are likely to face the country for many years to come.
... En reconnaissant le lien entre ces deux dimensions sans pour autant en faire un synonyme d'infériorité sociale, Jackson soutient qu'on ne saurait les assimiler à l'oppression de genre car la subordination des femmes découle d'une autre dynamique relationnelle qui, bien qu'elle soit associée souvent à la pauvreté et à l'exclusion, peut toucher les femmes appartenant à tous les groupes sociaux. D'autres mises en garde incluent l'inquiétude exprimée par Uvin (2004), pour qui les AFD peuvent ne constituer rien d'autre qu'un engouement passager dans le domaine du développement et au plaidoyer connexe de Tsikata (2004:132) en faveur d'une interrogation féministe de ce qui n'est peut-être qu'« un autre épisode de l'affrontement entre genre et développement ». ...
Contents Researching Gender Relations in Africa: Directions and Landmarks in Feminist Research MethodologyJosephine Akihire................................... 1 Feminist Postproverbial as a Panacea for Decolonising African Feminist ScholarshipOlayinka Adebimpe Oyeleye...................23 What Has Worked or Failed with Feminist Scholarship in Academic Spaces in Africa? The Case of the School of Women & Gender Studies, Makerere UniversityJackline Kirungi......................................45 Re-membering Wangari Maathai’s Feminist Scholarship in her Autobiography Unbowed: One Woman’s StoryStephen M. Mutie..............................65 Feminist Scholarship, Femocracy and the Glass Ceiling in Zimbabwean PoliticsPatience Chadambuka......................83 Genre, handicap et santé sexuelle et reproductive au Cameroun : implication des acteurs sociaux et rapports aux politiques publiques Estelle Kouokam Magne, Irène Flore Chiewouo Kuetche & Félicité Djoukouo.......................107
This article is a reflection on critical perspectives on researching gender relations. It is an overview of the landmarks in feminist methodology and the quest for greater inventiveness and sensibility in researching gender relations in Africa. Critical questions include: What milestones have been reached and why? What flaws do we need to correct and what will it take? The article was generated as part of feminist research methodology training at CODESRIA. It is designed to be a contribution to the ongoing African feminist conversation around the critical need for debunking colonial discourses and developmentalist buzzwords in researching gender relations, and the need for African realities to inform research and knowledge generation on gender relations on the continent.
Penelitian ini bertujuan untuk mengetahui dan menganalisis bagaimana Tanggung jawab Negara dalam pemenuhan HAM di bidang Ekonomi, social, dan budaya. Penelitian dengan judul “Analisis Yuridis Tanggungjawab Negara dalam Pemenuhan HAM dI Bidang Ekonomi, Sosial, dan Budaya”.ini menggunakan penelitian hukum normatif (normative legal research). Olehnya itu orientasi penelitian ini adalah Law in books . Kesimpulan dalam penelitian inia adalah Tanggungjawab negara dalam pemenuhan HAM di bidang ekonomi, sosial, dan budaya adalah bahwa negara harus melakukan proses harmonisasi, internalisasi dan implementasi isi kovenan dalam peraturan perundangan yang ada dan akan dibuat serta mewujudkan pemenuhan hak ekonomi, sosial, dan budaya kepada semua warga negara.
Les principaux acteurs du développement font aujourd’hui la promotion active d’une approche fondée sur les droits des populations ciblées. Or, dans quelle mesure ce paradigme permet-il de repenser le développement? Un regard généalogique sur l’insertion du langage des droits dans le champ du développement nous permet de retracer deux grandes conceptions contradictoires du droit (émancipatrice et conservatrice). En effet, le postulat d’égalité que contient l’énoncé des droits humains n’est pas sans implications politiques : il laisse place à un langage, à des catégorisations et des modes de fonctionnements qui contribuent à la permanence de relations de pouvoir inégalitaires dans l’univers du développement.
Empowerment holds a special appeal for organizations and funders involved in rural development, but its meaning and long-term usefulness for target communities remain unresolved theoretically and inconsistent in practice. This article proposes that empowerment be rooted in the daily language and life experiences of target communities if it is to realize its potential significance as an ongoing, individual and shared process that reaches beyond the short-term, goaloriented rubric of many development projects. Rural perceptions of empowerment are explored and a locally resonant language is adopted for participatory group discussions of community development, capacity-building, and human dignity in an indigenous community of Oaxaca, Mexico. Integrating local understandings of empowerment with ethnographic descriptions of local reality as seen by community residents, a set of dimensions and indicators of empowerment is designed through community participation, in order to provide a snapshot of the subjective and objective processes that impact daily life in the community of El Oro. The authors suggest that such a tool can be put to service by the community as a self-assessment in order to graphically depict one moment in the empowerment process and consolidate collective and individual efforts to promote reflection on the nature of social change.
From the late mid 1990s, there has been a growing talk amongst development agencies about the rights based approach (RBA) to development. It is argued that the adoption of the RBA will take place primarily in civil society organisations (CSOs). This qualitative study discusses an in-depth case to address what is the rhetoric of the RBA to development practice of the CSOs.
The findings of the study conclude that the practice of the rights-based discourse in a CSO is a mixture of the traditional service delivery models and the ideologies of most recent RBA. The theoretical understandings of CSO’s RBA broadly address the ideologies of the UNOHCHR proposed RBA that address the human rights standards and principles, such as accountability, participation, empowerment and non-discrimination. Instead of the principles of participation and empowerment, most other elements predominately reflect service delivery models while practicing the RBA. On the other hand, it finds that the RBA arguably brings the CSOs closer to the issues of root causes of poverty and human rights issues of most marginalized communities. However, the accountability issues in relation to CSO and state toward the rights-holders’ remains blurred. Also, on-ground practice of the RBA shows incongruence in terms of RBA ideologies between the North and South based CSOs that weakens the practice of the RBA. Finally, situational constraints, such as repressive government essentially impede to follow a full-fledged RBA.
Importantly, the paradoxical role of CSO favours a mixed version of the RBA. On the one hand, the dynamic of “CSO vis-à-vis RBA” entails an uncompromised niche on the accountability issues of CSO toward the rights-holders’; Instead, conceptually CSO is not associated with its accountability toward beneficiaries. It requires a further research to either renew or to construct a theory of civil society to bring the CSO under accountability mechanism for the genuine implementation of a RBA.
This invaluable volume provides an overview of 37 terms, theories and concepts frequently used in gender studies which those studying the subject can find difficult to grasp. Each entry provides a critical definition of the concept, examining the background to the idea, its usage and the major figures associated with the term. Taking a truly interdisciplinary and global view of gender studies, concepts covered include: • Agency • Diaspora • Heteronormativity • Subjectivity • Performativity • Class • Feminist Politics • Body • Gender identity • Reflexivity.
Malta has formally become an aid donor with European Union membership from 2004. Maltese voluntary organizations have been active in humanitarian aid and overseas development projects for over a long period of time. The Sovereign Order of the country continues to be linked to Christian and Catholic and many of the existing prominent non-governmental development organizations (NGDOs) based in Malta are linked to the Catholic Church. The country is more marked by missionary philosophy and volunteering in public and private aid giving than any other EU country. It is also an interesting case of how the international rules around official development assistance (ODA) accounting can have unintended consequences, with more than half of Maltese ODA being spent on running detention and open centers for asylum seekers and irregular migrants in Malta. An overview is also provided on the emergence of Malta as a donor of ODA and the evolution of aid giving after EU membership in practice forced the country to create its own aid program.
The Human Rights-Based Approach to Journalism is a relatively new concept in the field of media development that seeks to amend the standard role of journalism in a democracy to include the principle that advancing human rights should not be an ad hoc endeavour but a fundamental function of a journalist's everyday obligations. To date, there have been few attempts made to put this concept into practice. Where initiatives have been launched, there has been virtually no critical assessment of their effectiveness. Drawing on the findings of scholars and experts who have identified the strengths and weaknesses of applying a rights-based approach to fields such as poverty reduction, gender equality and education, this article seeks to address a gap in the literature where a rights-based approach has been applied to journalism. Primary research was conducted over a one-month period in the summer of 2011 with Ghanaian journalists working in all media platforms (print, broadcast, online). All participants had received rights-based training from the Canadian NGO, Journalists for Human Rights (JHR). JHR is one of the few media development organizations to incorporate a rights-based approach into its work. Findings show an overwhelming support among participants of human rights as a concept essential to the development of a healthy democracy, but they also show that the rights-based training participants received has failed to help them overcome cultural, political and other barriers to effective and sustained rights-based reporting.
Over the last two decades the different impacts of disasters on women and men have been acknowledged, leading to calls to integrate gender into disaster risk reduction and response. This paper explores how evolving understandings of ways of integrating gender into development have influenced this process, critically analysing contemporary initiatives to 'engender' development that see the inclusion of women for both efficiency and equality gains. It has been argued that this has resulted in a 'feminisation of responsibility' that can reinforce rather than challenge gender relations. The construction of women affected by disasters as both an at-risk group and as a means to reduce risk suggests similar processes of feminisation. The paper argues that if disaster risk reduction initiatives are to reduce women's vulnerability, they need to focus explicitly on the root causes of this vulnerability and design programmes that specifically focus on reducing gender inequalities by challenging unequal gendered power relations.
© 2014 The Author(s). Disasters © Overseas Development Institute, 2014.
This Article highlights key contributions of second wave feminism, arguing that these are of relevance today, as we struggle to deal with questions of social justice within a context of increasing poverty and inequality.
I look at feminist understandings of expanded social justice which highlighted crucial links between the economic, political and the cultural, and which stressed that the personal was political. I look at feminist strategies which stressed women's agency and the need for separate women's movements even as feminist women challenged men alongside whom they worked in trade unions, liberation movements and radical social movements. I look at how feminist struggles have fragmented over the decades alongside an increasing hegemony of economic and political neoliberalism, and the demobilisation of emancipatory movements. While women made gains within state institutions and the United Nations (UN) system in the 1990s, alongside these gains was the co-option and depoliticisation of feminist concepts forged in the throes of struggle of the earlier decades.
Women's agency too came under threat and was challenged as men's movements came to be promoted as vehicles for gender equality. I argue that while men can play a vital role in struggles for gender equality it is women's movements that need to be advanced and supported as key actors in repoliticising feminism today.
With the historic 2006 Charities Act (C.50), charities registered in England and Wales are for the first time permitted to adopt charitable objectives that promote the ‘advancement of human rights’. Drawing on empirical data from a recent study, this article not only tracks this contemporary legal development, but also examines why a particular charity – identified by its firm rejection of ‘right-based approaches’ – chose to be among the first 20 charities to adopt the new objective. The analysis reveals how charities are strategically (re-)framing current campaign practice through a formal discourse of rights, for the purpose of advancing further politicised forms of activism.
This article explores key issues related to the agitation for human rights in Mozambique and its weak performance power. I define human rights in the context of HIV/AIDS as well as rights-based approaches to development and health. Based on fieldwork, I describe and analyse how human rights are received and applied in HIV/AIDS organisations in Mozambique. The central argument is that the weak performance power of human rights can be explained by the absence of their invocation, social-influence ability and social agitation, with reference made to Sen's (2004) theory of human rights. The article compares original findings to a rights-based approach to AIDS treatment in South Africa reported by Jones (2005). I argue that the successful agitation of human rights depends on skilful appropriation of a rights discourse adapted to the unique social and cultural context of Mozambique. Finally, the theory of transnational governmentality by Ferguson & Gupta (2002) is used to illustrate the challenges posed to an ethnography of human rights in an environment in which civil society and international organisations are simultaneously in alliance with and in opposition to the government.
The role of African legislatures in poverty reduction has been widely debated since the 1990s. In this essay, I argue that a poverty reduction strategy that is alien and mute to a human rights-based approach is suspect. Focusing on the case of Uganda, the paper examines the construction of the poverty reduction agenda in the country as encapsulated in the Poverty Eradication Action Plan (PEAP). There is evidence to show that the PEAP has lacked a rights-based backbone and that the Ugandan parliament has played only a marginal role in poverty reduction policies. The parliament has largely rubberstamped the objectives of the executive branch of guaranteeing and creating a conducive environment for the imperialist neoliberal agenda for the flourishing of global capitalism. Until the hidden hand of imperialism is dealt with, the role of legislatures in actively influencing poverty reduction strategies in Africa will remain a mirage.
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