Human rights

Rights and private sector, growth, labour, PFMA and information

Human rights are not only linked with service delivery but also have significant implications for the private sector, growth, labour, public financial management (PFMA) and access to information. A number of resources explore the links between human rights, right-based approaches and these areas. They include donor guidance and policy statements, academic research, and advocacy papers. Many of these documents aim to show how a rights-based approach helps to enhance existing sectoral work based on the assertion that the indivisibility or interdependence of rights also demonstrates that cross-sectoral working is essential for realising rights.

Rights help to move beyond predominantly technical approaches, to recognise the need to address the wider political and social environment within which programmes occur. This may mean that rights necessitate the use of new language or ways of thinking about how to make decisions and prioritise, with implications for policy formation.

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Private sector

Human rights approaches and private sector development have traditionally been viewed by donors as separate issues. It is only in the last few years that donors have begun to systematically consider how to integrate human rights into their support for the private sector. These moves have been supported by the United Nations Human Rights Council’s endorsement of a policy framework for business and human rights in June 2008, based on three key principles: the state’s duty to protect against human rights abuses by third parties, including business; the responsibility of corporations to respect human rights; and the need for victims of corporate-related human rights abuses to have easier access to more effective remedies.

OECD, 2011, ‘Guidelines for Multinational Enterprises’, OECD, Paris
These guidelines provide non-binding principles and standards for responsible business conduct in a global context consistent with applicable laws and internationally recognised standards.
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Gibb, H., Foster, J. and Weston, A., 2008, ‘Human Rights and Private Sector Development: A Discussion Paper’, North-South Institute, Ottawa
How can development organisations integrate a rights-based approach (RBA) into private sector development (PSD) initiatives? While RBAs have historically been part of the good governance agenda, donor agencies have recently been exploring the possibilities for integrating human rights into economic development. This study suggests that future research needs to bring together the experiences of donor agencies, financial institutions and NGOs who have attempted to integrate rights with PSD. The role of the state and of transnational corporations in rights-based PSD needs to be more clearly defined.
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Manzella, L. and Lusiani, N., 2008, ‘Collective Report on Business and Human Rights: Submission to the 8th Session of the United Nations Human Rights Council’, International Network for Economic, Social and Cultural Rights (ESCR-net), Corporate Accountability Working Group, New York
How do businesses abuse human rights, and what must be done to prevent such abuses? This report draws on case studies from around the world. It concludes that direct or indirect violation of all types of human rights by companies is widespread and occurs across many different political systems and industries. Effective redress and accountability procedures at national, regional and international levels are needed to ensure that businesses, governments and the international community meet their obligations in this area.
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• Read more on business and human rights from Eldis.

Growth and investment

How complementary are human rights-based approaches and policies to promote economic growth? It has been argued that although economic growth can occur without the poorest benefitting, poverty reduction objectives can be served by approaches which emphasise both economic growth and human rights. The objectives of economic growth have seen a shift, however: a narrow focus on utility and income has been replaced, thanks to Amartya Sen, with an increased emphasis on the capacity of the individual to live a fulfilling life. In order to direct economic growth towards pro-poor outcomes it is further argued that observing human rights in this process is essential.

McKay, A. and Vizard, P., 2005, 'Rights and Economic Growth: Inevitable Conflict or 'Common Ground?', ODI, London
Is there a conflict between rights and economics? Are freedoms and rights in tension with growth and the optimal allocation of resources? This paper argues that there are significant complementarities between economic growth and rights in terms of poverty reduction objectives. 
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Overseas Development Institute, 2001, 'Economic Theory, Freedom and Human Rights: The Work of Amartya Sen', ODI Briefing Paper.
What are the central tenets of the work of the Nobel Prize winning economist Professor Amartya Sen? How have these changed development approaches? This review shows how his work has contributed to important paradigm shifts in economics and development. There has been a move away from approaches that focus exclusively on income, growth and utility, with an increased emphasis on individual entitlements, capabilities, freedoms and rights.
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Foresti, M., Higgins, K., and Sharma, B., 2010, ‘Human Rights and Pro-Poor Growth’, Project Briefing 34, Overseas Development Institute (ODI), London
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Amnesty International, 2006, ‘Human Rights, Trade and Investment Matters’, Amnesty International, London/New York
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Labour rights

It is argued that supporting the rights of workers can enhance both economic growth and equitable growth. Much of this discussion centres upon the need to adopt the ILO’s five core labour standards, which are seen to provide incentives for workers to stay with their employers, develop jobs-specific skills, leading to a decrease in employee turnover. Formalised employment encompassing the ILO’s standards is also thought to prevent prices of goods from being drastically reduced as wages are maintained at a sufficient level. Workers’ organisations have also been seen as potential drivers of change in developing country contexts, by holding powerful elites to account. Strategies to support the agenda of workers have therefore been explored.

Bivens, J. and Weller, C., 2003, 'Rights Make Might: Ensuring Workers' Rights as a Strategy for Economic Growth', Economic Policy Institute, Washington, D.C.
Can workers’ rights promote economic growth and stability? This paper outlines the economic case for implementing the International Labour Organisation’s five core labour standards (CLS). It argues that enforcing worker rights results in higher economic growth and a better distribution of income.
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Department for International Development, 2004, 'Labour Standards and Poverty Reduction', DFID, London
How can labour standards contribute to poverty reduction? This paper focuses on the nature and impact of labour standards in developing countries. Effective and well-judged implementation of labour standards can play an important role in reducing global poverty and achieving the MDGs. A commitment to core labour standards is part of a broader rights-based approach to poverty reduction.
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Public financial management and accountability

Legal entitlements need to be translated into government policy priorities, with appropriate resource allocations, if rights are to be promoted, enforced and upheld. Public financial management links with human rights in a number of ways, including the way in which pro-poor public policy is enhanced through more responsive and rights-aware budgeting processes. This not only refers to resource allocation, but the budget process itself – for instance through participatory budgeting and budget monitoring. A human rights-based approach to public financial management therefore promotes – and upholds – accountability mechanisms whereby violations of human rights can be made known, as well as redressed. Public financial management is particularly associated with anti-corruption measures, which is a way of redressing human rights violations which occur through the redirecting of government resources from public services to private possession.

Norton, A. and Elson, D. 2002, 'What's Behind the Budget? Politics, Rights and Accountability in the Budget Process', Overseas Development Institute, London.
This paper contributes to evolving a wider understanding of PEM and is part of a programme of work to progress DFID's human rights strategy. It looks at the ways in which a rights-based approach can advance pro-poor and gender-equitable outcomes in the budget process and support citizen accountability; and identifies partners, tools and methods that may help achieve these goals.
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Hentschel, A-K., and Rebhan, C., 2008, ‘Social and Human Rights Budgeting: Budget Monitoring, Participatory Monitoring and Human Rights’, Conference Report for the Dialogue on Globalization, Friedrich Erbert Foundation, Berlin, December 9th 2008
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Budlender, D., 2004, 'Budgeting to Fulfill International Gender and Human Rights Commitments', UNIFEM Zimbabwe
How can national budgets be monitored to assess their contribution to fulfilling international gender and human rights commitments? As part of its ongoing work supporting the gender analysis of budgets in Southern Africa, the United Nations Development Fund for Women (UNIFEM) has designed a tool to support this process. It illustrates how various international instruments aimed at achieving gender equality can be used to evaluate gender responsive budgets (GRBs).
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ICHRP and Transparency International, 2009, ‘Corruption and Human Rights: Making the Connection’, International Council on Human Rights Policy, Versoix, Switzerland
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 Information

As empowerment, choice and accountability have become common concepts in development the right to information is an increasingly popular legislative change and area of advocacy. The right to information is protected in international, regional and national human rights instruments. This legally guaranteed access to information has enabled people to participate in governance and empowered them to push for the protection of other human rights. If enforced adequately and acted upon by rights-holders, the right to information is empowering and provides a key accountability mechanism between citizens and decision-makers. Further, a lack of information has been associated with ongoing human rights violations, which means that the right to information is viewed as a preventative instrument.

Anand, P. B., 2011, ‘Right to Information and Local Governance: An Exploration’, Journal of Human Development and Capabilities, Vol 12, No 1, pp. 135-151
Using four case studies in India, Indonesia, Uganda, and Nicaragua, this paper explores issues relating to right to information (RTI) and RTI laws, in the context of local governance. It proposes a framework tool which recognises the dynamic way in which RTI laws are developed. It argues that both formal and informal mechanisms can be used by NGOs and communities to hold local government institutions to account.
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Daruwala, M. and Nayak, V. (eds), 2007, ‘Our Rights, Our Information: Empowering People to Demand Rights through Knowledge’, Commonwealth Human Rights Initiative
Why is the right to information important? How can it be used, and how can it be effectively implemented by governments? This report provides case studies to show that information empowers people to demand adherence to the whole range of their human rights. By establishing the right to information in domestic law and by setting up public information systems, governments can enhance citizens' participation in governance, advance equitable economic development, reduce poverty and fight corruption.
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Darch, C., and Underwood, P., 2010, ‘Struggles for Freedom of Information in Africa’, in Freedom of Information and the Developing World: The Citizen, the State and Models of Openness, Chandos Publishing, Oxford
How far have rights to information progressed in Africa? The conditions that make information access rights both important and hard to implement are seen in their most extreme forms in Africa. This chapter presents case studies from Zimbabwe, Nigeria, Angola, Mozambique and South Africa. The advance of information rights in Africa has been limited. However, low-key activity indicates that some awareness exists. Further, if any resistance to the state is arguably a struggle over information, then it is important to listen for 'stifled voices of protest'.
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The right to information is also used to justify calls for increased aid transparency from donors and NGOs.

Access Info, 2009, ‘The Aid Transparency Toolkit: What You Always Wanted to Know About Aid and How to Get the Information’, Access Info, Madrid
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