The HRBA surfaced in the international development discourse in 1997, when the Secretary General of the United Nations called upon the need to mainstream human rights within its aegis. In 2003, a ‘Common Understanding’ of a human rights-based approach was conceptualised. Dr Amartya Sen’s work on ‘Development as a Freedom’ provides the framework of linking human rights with development. The UNDP applied Dr Sen’s work to link rights and development, which has a direct bearing on the rights-based approach of development (Kapoor 2007).

Prior to 1997, development efforts pursued a basic needs approach that identified the needs of the beneficiaries and supported as well as advocated for service delivery improvements. The rights based approach, on the other hand, fulfils the rights of the people (Boesen and Martin 2007). The difference between the two is that a ‘need’ that is not fulfilled leads to dissatisfaction, but a ‘right’ that is not fulfilled leads to a violation and its redressal can be legally and legitimately claimed.

The RBA aims to achieve a positive transformation of power relations among the key stakeholders—the rights holders, or the group that is unable to experience its full rights—and the duty bearers, or the institutions who are obligated to fulfill the rights of the rights holders. It works towards strengthening the capacities of the rights holders to claim their rights and the duty bearers to respect, fulfill and protect the rights and meet their obligations. (UNFPA)

The RBA is unique as it acknowledges the fact that poverty is a complex and multidimensional issue as well as one that results from human rights violations. The rights based approach tackles development from both a top-down as well as a bottom-up synergy. The positive practice of this approach is that it recognises people as key actors in their development rather than passive recipients of commodities and services. It focuses on participation and empowerment both as a means and a goal. Moreover, it focuses on building partnerships and improving accountability, thereby strengthening the power of democracy and good governance. (HRBA: United Nations).

The effectiveness of this approach is still questioned and the challenges in academic discourse remain manifold. However, the RBA is worth pursuing in in development primarily for two reasons.

Firstly, it leads to empowerment. The RBA brings in legal tools and institutions, and thereby legitimacy, as a means to secure human development. It integrates the political side of development and efforts to make legal frameworks more just and supportive of the rights of the poor. By doing so, it builds the capacities of the marginalised by strengthening their skills, awareness and possibilities for designing alternatives to the problem of poverty. It amounts to give voice to the poor and enhance their capabilities to take greater control over their lives. By focusing on empowerment of the poor as a means and a goal, this approach attacks the structural causes of poverty that are embedded within the structures of power and inequity (Kapoor 2007).

Secondly, it leads to sustainable outcomes. The UNDP states that the RBA is one that emphasizes both on development outcomes and the process by which rights are realized. By focusing on processes and empowerment, RBA overcomes the shortcomings of unsustainable project-based interventions and reduces the dependency on external aid. Sustainability is accomplished when communities can claim their rights from government agencies to deliver services and effectively monitor their quality. Active and meaningful participation from the beginning of the decision-making process increases the sustainability of interventions.

HRBA strengthens development strategies by facilitating and enhancing the enabling environment for equitable development. Its emphasis is on pro-poor development and empowering people to take decisions pertaining to their own course of life leading to development processes and outcomes that are inclusive and just (UNICEF 2012).

Rights based approach to development offers new perspectives and solutions to traditional development objectives. Development Alternatives, like development organisations across the world, integrates and facilitates the rights based approach into its framework of activities and development work. Our projects necessarily constitute elements of increasing community awareness on political, social and economic rights. We work closely with women groups and rural communities to help them avail their rights and services. We work to improve accountability mechanisms, advocate for policy as well as focus on helping local communities demand actions for rights and entitlements. This work has helped communities access the entitlements in terms of agriculture, water, housing, sanitation, employment, etc. It also helps women avail of legal and justice services. This approach strengthens the ‘voiceless’ and includes principles of empowerment, democracy, free and meaningful participation, equality and accountability- all of which lie at the foundation of the contemporary concerns of human rights, development and governance. q

Chitrangna Dewan
cdewan@devalt.org