UNDP-OHCHR TOOLKIT
5.4.3.1 Decentralisation initiatives
In a number of countries, UNDP works with governments
to decentralise decision-making and to create or enhance
local levels of decision-making. These initiatives frequently involve legislative or even constitutional changes
to permit the devolution of legislative responsibilities
from the central authority to provincial, municipal or village regions. There are significant implications for service
delivery as well as local decision-making.
In many countries, UNDP has provided significant support towards decentralisation initiatives and UNCTs can
support NHRIs to be informed of and pay close attention
to these developments, in order to take advantage of
these opportunities:
11 NHRIs
can take advantage of the timing of the
establishment of new councils or other entities to
introduce a public service training component for
local decision-makers on human rights and human
rights-based development;
11 NHRIs
can invite local decision-makers to participate
in local public awareness and training events;
11 For
NHRIs that do not have a regional presence, local
government offices can provide a good meeting place
for public education sessions targeted at the larger
community (bearing in mind that such offices are
inappropriate for interviewing witnesses or parties to
human rights complaints); and
11 NHRIs
can work with local service delivery providers to
make sure that local spending priorities are directed
towards vulnerable groups and supportive of equality
and especially women’s equality.
>> Example: Decentralization in Zambia
Work in the area of decentralization could assist with
training of local government officials in HRBA. In
Zambia, UNDP is trying to work with the Ministry of Local
Government and Housing and the Decentralisation
Secretariat. The objective is to promote the institutionalization of training for local government, which
involves the provision of targeted courses in national
training institutions to equip local government officials
with the required skills base for their positions. This is
to avoid “one off” workshop style training and frequent
staff absences due to attendance and to maintain
knowledge and skills within the system. This will allow
for capacity-building of national institutions.
Source: Example provided by B. Fee, Programme Analyst, Governance,
UNDP Zambia
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Because the UN often closely works with governments
to move forward local decision-making initiatives, UNCTs
should also ensure that NHRIs are informed of these
developments and the implications for NHRI work. NHRIs
should be aware that failure to respect or implement centrally-established human rights policy in regions is often
a problem, and may become more so as officials move
away from and out of the scrutiny of central oversight.
CONCLUSION
Human development and democratic governance are
closely linked to human rights contained in international
legal standards. Taking a human rights-based approach
means not only that planning and policy-making should
be informed by human rights at the “front end” of the
governance process (for example, budget making, program development and decentralisation initiatives),
but also that rights should be enforceable if violated –
human rights, whatever their source, should be linked
to remedies, and in many jurisdictions, such rights are
enforceable. Across all these initiatives, MDGs and other
indicators linked to human well being form a road map for
promoting ESC rights.
NHRIs should insist that the connections be made to
human rights in all major development and democratic
governance projects. A simple template can be used to
show the horizontal connections between State responsibility, the NHRI potential role, and the possible strategic
venues for UNCT intervention. Because of the UN’s close
connections to such projects in developing countries,
UNCTs are uniquely positioned to provide the necessary
tools should a NHRI choose to move this direction.
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