Human Rights and the Post-2015 Development Agenda Challenges and Prospects Oxford Martin School, University of Oxford 24-25 November, 2014 1. Event Overview The conference will provide a forum for academics, practitioners and government representatives to evaluate the current debate and future shape of the post-2015 agenda from a human rights perspective. It particularly asks what criteria must a post-2015 agenda meet from a human rights perspective, what are the challenges for the integration of human rights, and how do we evaluate the emerging proposals for a post-2015 development agenda from a human rights perspective? It is hoped that the conference will offer a space for better reflection on the role of human rights and help build consensus for action. 2. Background There is a consensus on the existence of mutual reinforcement between human rights and development. Over the past decade the development praxis has paid considerable political and operational attention to human rights issues. Despite this rise in the prominence of human rights, there is as yet persistent uncertainty on the precise relationship between the two agendas both theoretically and practically.1 This notwithstanding, the experience with the MDGs has highlighted the importance of a human rights perspective. Many of the weaknesses of the MDGs – equality, accountability, participation – are central to human rights. Moreover, contemporary challenges arguably accentuate even more the importance of human rights. Global poverty is concentrated in middle-income countries, lessening the relevance of traditional development aid and raising the importance of domestic and global economic and political reforms that increase the voice of the poor, eliminate discrimination and facilitate greater equity. Added to this is the recognition that the problems of development are intertwined with the environment, peace and security, areas which likewise require sensitivity to human rights. Naturally, the run up to the 2015 agenda has provided an important momentum for a broad range of stakeholders to present their views on how to better articulate the interface within a new framework. This is reflected, among others, in the work of the High-Level Panel of Eminent Persons on the Post-2015 Agenda, and the country and thematic consultations facilitated across the world by UN agencies. The former noted that new goals See, e.g., P. Alston, 'Ships Passing in the Night: The Current State of the Human Rights and Development Debate Seen Through the Lens of the Millennium Development Goals', Human Rights Quarterly, Vol. 27 No. 3 (2005), pp. 755-829; M. Langford, A. Sumner and A. E. Yamin (eds.), The MDGs and Human Rights: Past, Present and Future (Cambridge: Cambridge University Press, 2013). 1 1|Page and targets need to be grounded in respect for universal human rights and five transformational shifts.2 The latter process led the UNDG to note that the ‘consultations consistently present[ed] human rights as a non-negotiable element’ with a clear ‘call for the new development agenda to be aligned with human rights standards and accountability mechanisms’ and a clear expectation of ‘a tangible articulation of human rights in the new framework’. 3 The Secretary-General Ban Ki-moon has set up a UN Task Team (UNTT), which identified human rights, equality and sustainability as the three fundamental principles for the post-2015 agenda, and the High Commissioner on Human Rights has defined the ten elements to guide a rights-based vision of the Post-2015 agenda.4 In the 2012 Rio Declaration, states have provided the space for a more robust human rights approach, although within certain confines. The framework should be ‘actionoriented, concise and easy to communicate, limited in number, global in nature and universally applicable to all countries while taking into account different national realities, capacities and levels of development and respecting national policies and priorities’.5 It should also ‘be consistent with international law’, incorporate in a balanced way all three dimensions of sustainable development (economic, social and environmental concerns], and be implemented ‘with the active involvement of all relevant stakeholders’. 6 In light of this mandate, the UN General Assembly’s Open Working Group on Sustainable Development Goals has commenced a process towards the development of new goals through the identification of fourteen different themes with potential sub-themes for targets.7 The Group has expressed a commitment to incorporating a human rights approach8 but its approach has so far met with criticism.9 3. Human Rights and Post-2015: A Reflexive Assessment Delivering transformative shifts signalled by the parallel consultations on post-2015 will require a fundamental rethinking and revision of how development is delivered. Nevertheless, crucially, they raise fundamental questions in formulating a new framework for action: (1) What would constitute a satisfactory post-2015 framework from a human rights perspective? (2) How could various and quite different lines of legal rules, standards, and policies in all areas – such as development, human rights, environment and economic relations – be linked to each other, and mutually accommodated within one single framework? Among which are poverty, sustainable development, peace and security – that are applicable to both developing and developed states alike. See A New Global Partnership: Eradicate Poverty and Transform Economies through Sustainable Development, the Report of the High-Level Panel of Eminent Persons on the Post-2015 Development Agenda, May, 2013, pp. 2-3. 3 A closer look at the report, however, also reveals a reality in which human rights in the debates continue to be envisioned selectively. The report, for example states ‘how important it is to tackle poverty in all its dimensions, including basic human needs like health, education, safe water and shelter as well as fundamental human rights: personal security, dignity, justice, voice and empowerment, equality of opportunity, and access to SRHR’. UNDG, The Global Conversation Begins: Emerging views for a new development agenda, 20 March 2013, available at http://www.undp.org/content/dam/undp/library/MDG/english/global-conversation-beginsweb.pdf, pp. 2-3, 50-51. 4 N. Pillay, Human Rights in the Post-2015 Agenda, 6 June 2013, available at http://www.ohchr.org/Documents/Issues/MDGs/HCOpenLetterPost2015.pdf 5 Para. 247. 6 The 2012 Rio Declaration, The Future We Want, paras. 246-247. 7 Insert reference 8 Insert reference 9 See press release from 2 2|Page (3) How do we evaluate the emerging proposals for a post-2015 agenda from a human rights perspective? In respond to these central themes, a set of subsidiary questions will also need to be considered: What is the relationship between human rights and other central themes of the post-2015 agenda, such as equality and equity (including between states), environment and peace and security? What are the normative concerns of international human rights law with the sustainable development goals and processes? Can human rights demands satisfy measurement demands for robust available data? To this end, the HRFG, in cooperation with the NCHR and Metrics for Human Rights, will convene a conference focused on both theoretical and practical aspects of integrating human rights in the post-2105 agenda, with a particular focus on poverty, environment and peace and security. Governments, the United Nations (including Special Rapporteurs), NGOs, and academia will be invited. The approach at the conference will be multidisciplinary, and the event will include panels with experts on law, philosophy, political science, and economics. The conference aims to facilitate a constructive dialogue on the topic between scholars and policy-makers. It is expected that the conference outcome will be published in the form of a briefing that will summarise key points of the symposium. This will seek to contribute to the existing knowledge on human rights dimension of poverty, armed conflict and environment. In addition, the Report of the meeting, along with non-time sensitive articles presented and/or generated from the discussion, will be published in a human rights journal or possibly in an edited book. 4. Structure of the Event The event will be divided into academic panels/roundtables that focus on development from a scholarly perspective and into policy-oriented panels. Based on the principal areas of inquiries identified above, the conference will be structured in following terms [to be further confirmed]. The specifics of the discussions within each panel will be determined in consultation with the participants and speakers. At least one speaker per panel will also be selected on the basis of a ‘Call for Papers’. See Annex 1 for an initial proposal of a programme. 5. Hosting Organisations Based on its expertise, focusing on human rights challenges of poverty, armed conflict and environment from inter-disciplinary perspective, the Human Rights for Future Generations (HRFG) programme of Oxford’s Martin School is particularly well-placed to comment and provide a platform for academics and practitioners who are engaged in the formulation and/or analysis of development policies to discuss and provide guidance to states on bringing together different strands of a broader conception of development: economic development, human rights, environment and peace and security. The codirectors of the Programme, Sandra Fredman, Dapo Akande, and Simon Caney have widely published in the field of international law, poverty and environmental protection. The Norwegian Centre on Human Rights has a played leading role in discussions on the MDGs, post-2015 agenda and human rights, particularly through its Socio-Economic Rights Programme (SERP). It has worked closely with the UN OHCHR on integrating a human rights approach and produced a number of publications on the topic, including Millennium Development Goals and Human Rights: Past, Present and Future (Cambridge University Press, 2013) (Edited by M. Langford, A. Sumner and A. Yamin). The NCHR is also a host of Metrics for Human Rights, along with the New School, New York. This network hosts an 3|Page annual meeting of scholars and practitioners on human rights and quantitative methods issues, which has included analysis of the MDGs and post-2015 agenda. It recently published the special issue: Quantifying Human Rights, in the Nordic Journal of Human Rights, Vol. 30, No. 3 (2012), pp. 222-400 (Edited by M. Langford and S. Fukuda-Parr). Draft Programme DAY 1 Welcome and Orientation Ian Goldin, Director of the Oxford Martin School; TBD, Norwegian Centre for Human Rights Jaakko Kuosmanen, Oxford Martin Programme on Human Rights for Future Generations 1. Post-2015 Development Agenda and State of Play Chair: Ian Goldin, Director of the Oxford Martin School; Mac Darrow, Chief, Millennium Development Goals Section, UN OHCHR Sabina Alkire, Director, Oxford Poverty & Human Development Initiative (tbc) Jeffrey Sachs, Director, The Earth Institute, Columbia University (tbc) 2. Human Rights and a New Global Agenda Chair: Simon Caney, Professor at Oxford University Speakers: Henry Shue, Professor at Oxford University (tbc) Malcolm Langford, Chr. Michelsen Institute, former NCHR, University of Oslo and Metrics for Human Rights Sakiko Fukuda-Parr, Professor at New School & Co-Coordinator, Metrics for Human Rights Roberto Bissio, Beyond-2015 and Social Watch, Uruguay 3. Equality, Non-discrimination and Equity Chair: TBD Speakers: Sandra Fredman, Professor, Oxford University Magdalena Sepúlveda Carmona, UN Special Rapporteur on extreme poverty Ed Anderson, University of East Anglia Isabel Ortiz, Director, Social Protection Department, ILO 4. Working Group Sessions: Design, Measurement and Politics Duties for Northern States? Mainstreaming “Universal Applicability” Global versus National: A Comprehensive or A La Carte Agenda? Measuring Human Rights – The State of Big Data The Politics of Rights in the Post-2015 Agenda DAY 2 4|Page 5: The Right to a Healthy Environment/Climate Justice Chair: Dominic Roser, Oxford Martin Programme on Human Rights for Future Generations Speakers: Simon Caney, Professor, Oxford University Ricardo Fuentes, Head of Research, Oxfam Olivier de Schutter, UN Committee on Economic, Social and Cultural Rights 6: Integrating Challenges of Armed Conflict and Insecurity Chair: Dapo Akande, Professor at Oxford University Speakers: Jennifer Welsh, Special Adviser to the UN Secretary-General for the Responsibility to Protect and Professor of International Relations and Professor, Oxford University Sarah Cliffe, Director, World Bank; Robert Muggah, Research Director and Program Coordinator for Citizen Security 6. Working Group Sessions: A Human Rights Scorecard on Current Proposals Separate working groups would examine gaps and potential perverse effects for: Socio-Economic Rights Civil Rights Political Rights Environmental and Collective Rights 7: Accountability and Globalisation Chair: Jaakko Kuosmanen, Oxford Martin Programme on Human Rights for Future Generations Speakers: Ignacio Saiz, Executive Director, Centre for Economic and Social Rights Siobhán McInerney-Lankford, Senior Counsel, LEGAM, World Bank Margot Salomon, Professor at the London School of Economics 8. Closing 5|Page