UNDP-OHCHR TOOLKIT
of the Optional Protocol and creating awareness of this
new instrument. As well, NHRIs can be instrumental in
assisting victims to access the process for preparing
communications to be submitted to the Committee.
5.2.2 NHRI Constraints
For many international partners and donors, development
projects are often grounded in economic policy decisions,
without the benefit of a human rights-based approach.
Despite growing acknowledgement of the importance of
a human rights-based approach to development, there
are obstacles because development is still often conceived, planned and executed in largely economic terms.
NHRIs themselves are increasingly called upon to get
involved in development-related issues. Two related factors impose constraints on their ability to do so. First,
the immediacy of core protection issues require urgent
actions in areas like torture and arbitrary detention, can
push development-related issues to the margins of NHRI
work. Second, the realisation of certain rights central to
development, such as ESC rights, cannot be instantly
achieved, but requires progressive and long-term effort.
Immediate and urgent demands on a NHRI may make
it difficult for it to make the continuous and long-term
effort necessary to achieve success.
This gap between rhetoric and fact, and the time-lines
in seeing results, present NHRIs with real challenges.
They must find ways to ‘get at’ development issues and
human rights-based approach to development, in spite
of the focus often given to economic issues. They must
have the vision and long-term organisational focus to
wait for results, even as most critics will be calling for
immediate change.
Many NHRIs also face jurisdictional issues, as their
mandates focus mainly on civil and political rights, or on
limited aspects of equality rights.
Finally, these rights require positive actions by the state
and these decisions – which are ultimately about allocating resources to initiatives like housing, education
and health care – are viewed in terms that are seen as
governance and policy decisions. Their justiciability is
frequently called into question, notwithstanding current
initiatives worldwide to the contrary. UNCTs should be
aware of these limitations, and can provide examples of
how to use the legal system to support NHRIs in the areas
of human development and democratic governance.
86
Despite these constraints, NHRI engagement with
national development priorities has the potential to
bring HRBA to development issues as they relate to
issues addressed in this chapter, such as justiciability of
ESC rights, the achievement of MDGs, poverty reduction
strategies and budget analysis and monitoring, as well as
public administration initiatives like decentralisation.
>> Example: Country office perspective on NHRIs and
human development
In Nigeria, progress towards MDGs has been slow
and the formulation of poverty reduction strategies
has not been inclusive and participatory. Effective
interventions by the NHRI might have been helpful.
However, in the view of the country office, the
Nigerian Human Rights Commission’s overwhelming
focus on its traditional roles of human rights monitoring and documentation, as well as its severe
capacity gaps, have limited its ability to apply a HRBA
to development.
Source: Mr. Samuel Egwu, Team leader, Governance, UNDP Nigeria
UNCTs may have an especially important role in helping
NHRIs manage constraints and identify priority areas of
action generally through the strategic planning process,
as discussed in Module 2 of the Toolkit. As regards human
rights priorities among development goals, however, the
most evident development gaps in terms of MDGs or
other goals will provide good starting points.
5.2.3 The Millennium Development Goals
and NHRIs
The eight UN MDGs range from halving extreme poverty,
to halting the spread of HIV/AIDS and to providing
universal primary education by the target date of 2015.
Goal 1 Eradicate extreme poverty and hunger
Goal 2 Achieve universal primary education
Goal 3 Promote gender equality and empower women
Goal 4 Reduce child mortality
Goal 5 Improve maternal health
Goal 6 Combat HIV/AIDS, malaria, and other diseases
Goal 7 Ensure environmental sustainability
Goal 8 Develop a global partnership for development
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