Human Rights and Development

By Conference Reporter

Human development and human rights are closely linked. In other words, rights are interdependent and indivisible. The principles developed in human rights promote equality that drives human development.In January 1998, the United Nations Development Programme(UNDP) launched its policy of integrating human rights with sustainable human development. This enabled human rights to be prioritized placed on the agenda of most of the UNDP’s cooperation agencies to develop bilateral or multilateral aid packages incorporating Millennium Development Goals (MDGs).

"The human rights and human development are inextricably linked.They are at the heart of the Millennium Development Goals. The surest way to achieve each objective is to address issues related to human rights such as equality, non-discrimination, participation, inclusion, accountability and social justice and solidarity and cooperation. This means that any attempt to achieve the MDGs must focus on human rights and concern not only results, but also for the development of ways to encourage it, "said Mark Malloch Brown, Administrator of UNDP.

The achievement of the Millennium Development Goals (MDGs)can be achieved with the support of United Nations member states taking into account the civil, political, economic and social benefits of their people.

"All strategies related to the MDGs should be considered first recipients of projected progress and facilities provided for their implementation. It is simply not enough to achieve the MDGs, if national in this process, we cannot reach the poor and disadvantaged people in the country,” said the UNDP.

Human rights and the State
Under international human rights law, UN member states have specific obligations to respect, protect and fulfill the rights issued by the conventions. Failure to comply with these obligations is a violation of these rights. Concerning the obligation to respect, a State party cannot alienate the enjoyment of rights by making such acts as arbitrary forced evictions or arrests. A State must protect its people while preventing the violations of rights by third parties. As a result, the State must adopt the measures necessary to achieve full rights of each and every individual and groups of persons. Additionally, the State is also responsible for promoting all human rights in general.

In this struggle for the promotion of human rights, states are supported by the UN. "Each State Party to the present Covenant undertakes to take steps, individually and through their assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively, the full exercise of the rights recognized in the present Covenant ... ," reads Article 2.1 of the International Covenant on Economic, Social and Cultural Rights.

International mechanisms for the promotion and protection of human rights are vast. However, the rules include agreements that apply to human rights developed by the UN agencies such as the United Nations Children’s Fund, International Labour Organization (ILO), Economic and Social Council. For instance the ILO Convention provides protection and guarantees of human rights such as freedom of association, abolition of forced labor, equality and the abolition of child labor.

Regional mechanisms always complement the international system of protection of human rights. For example, on the African continent, there is the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child.

Education- a Human Right that can be useful to the community
Reading, writing, and solving arithmetic problems are skills that prepare individuals for life. And education is one of the services that a State must provide for its people. Like the rights to health and food, the provision of the right to education is essential to the protection of human rights. Public services, according to the principles of human rights, must accommodate the needs of people to ensure they enjoy their rights especially, the poorest and most marginalized populations that are considered as actors of economic and social development.

In Uganda, the community of semi-nomadic pastoralists such as the Karimojong is characterized by low school attendance and literacy (12% for men and 6% for women) ,according to the UN High Commissioner for Human Rights. This low rate is due to the fact that parents discourage their children from attending school. As for the girls, they are discriminated against in accessing basic education. According to the UN, this is due to the fact that the Karimojongconsider education as a "harassment orchestrated by the state" of Uganda and as unnecessary to their survivalbecause they feel it subtracts the child labor needed for domestic economic activities that are essential for family survival.

To overcome this handicap, in 1998, a curriculum adapted to the nomadic lifestyle of the Karimojong was established. It takes into account among other things, the involvement of children in domestic work. And it has to reconcile formal education and the nomadic lifestyle of the people.Classes are held in the early morning and late afternoon.Between the morning and evening, the children go about carrying out their household chores.

In 1995 the development of a curriculum designed to parallel Karimojong began in 1998 through a partnership between the Ministry of Karimojong, Save the Children Norway and other local groups.The educational content is offered in close collaboration with local communities. Local people choose the teachers from within their community.

In terms of human rights, the program has resulted in equalaccess to education for girls and boys. In 2004, the number of girls was 19, 126, and that of boys was 13 729.Overall, the number of children increased from 5,500 in 1998 to 32,855 in 2004.The program has improved the capabilities of management and administration of local communities involved in its development and its implementation. The involvement of the community as teachers allowed them to serve their community.


South Africa, civil society to strengthen democratic institutions
In South Africa they say good governance promotes human rights. For instance, the public can participate in government, integration in the development of laws and policies. This approach allows disadvantaged groups, and raises their awareness regarding the protection of their rights.
Also, the South African Constitution required the participation of civil society in checking the exercise of the power of local authorities. But on the ground the reality was quite different. The population was not involved in local politics. Local authorities were not enthusiastic to practice participatory governance.

This is why the Municipal Systems Act of 2000 was introduced to help bring change. It recognized the central role of local governance with people taking part in participatory design and implementation of development policies. This law required municipal authorities to allow public participation in local affairs and development projects had to be launched in consultation with local communities. From the perspective of human rights, the municipal law and integrated development planning has helped to realize the right to participate in public affairs beyond elections in South Africa, a country that attained democracy in 1994.

Malawi: The State Executioner becomes Protector
The rule of law exists to prevent the arbitrary exercise of power. However, the State suffers from corruption and lack of independence from politicians. This contributes to the violation of human rights in the country.
The judiciary and prison face many difficulties. The police are struggling to adequately deal with crime. The court processes are slow. This was confirmed by a survey of four Malawian NGOs, namely, the Centre for Advice, the Research and Education on Rights (Malawi CARER), the Eye of the Child, Youth Watch Society and the Centre for Human Rights and Rehabilitation, and Penal Reform International (PRI). Under these conditions, the rights of "prisoner" are violated. There is also a serious shortage of lawyers and this particularly affects the poor.

To remedy this situation, a counseling service has offered by court officers to the needy since 2000. This service is designed to better protect the rights of detainees.Discussions with the Prison Service of Malawi have involved four local NGOs including the Centre for Advice, Malawi CARER, e Eye of the Child, Youth Watch Society and the Centre for Human Rights and Rehabilitation , and PRI, an international NGO. In 2003, this pilot project was extended to the courts and the police.

The advice service offered by the officers of the court has strengthened the capacity of the justice system to enforce standards on the rights of prisoners. Those detained are now better informed of their rights and may require compliance. The latter know they have the right to require a lawyer free of charge, if they do not have the means to pay. Between May 2000 and June 2005, this principle led to the release of more than 2,000 people detained unlawfully or unjustifiably. The study of records of suspects in police has helped to reduce the number of people detained.