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Human Rights and Gender in Development Cooperation

Kathrin Lottmann

Joseph Matimbwi

Dar es Salaam – May 2009

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Human rights are:

Universal Indivisible Interrelated and

interdependent Freedom and

entitlements of rights holders

Obligation of duty bearers

Legally guaranteed by human rights law

Right to life Right to liberty and

security of person Right to an adequate

standard of living (water, food, housing)

Right to education Right to health Right to development

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Germany’s Commitment

Objectives

systematically integrating human rights into German development policy

supporting processes at global, regional and national level, that are contributing to the realisation of human rights.

includes such measures as promoting the implementation of international human rights conventions

foresees to step up support to human rights institutions

strengthen human rights work in association with civil society and non-governmental organisations

In 2004 the German Federal Ministry of Economic Cooperation and Development (BMZ) adopted its first Development Policy Action Plan on Human Rights.(2008 – 2010)

It says “Every person has a right to development”

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Human Rights in Tanzania

Bill of Rights was incorporated into the Constitution in 1984 Guarantee of fundamental human rights

• Right to life • Social welfare (security)• Article 8 (b) “…The primary objective of the Government shall be the welfare of the people”

Tanzania ratified some core international human rights treaties, for example;

• The International Covenant on Economic, Social and Cultural Rights (ICESCR) – in 1976

• The International Covenant on Civil and Political Rights (ICCPR) – in 1976• The Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW) – 1985• The Convention on the Rights of the Child (CRC) – 1991

Existence of human rights institutions• Commission for Human Rights and Good Governance - 2001• Legal and Human Rights Centre - 1995

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Why human rights in development cooperation?

Instrumental to development strategies Addresses power inequalities and discrimination Deals with weaknesses in accountability systems Objective framework to manage conflicts and seek

redress

Intrinsic value based on universal values Universal legal standards for a life with dignity

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Development challenge - Rights not fulfilled

Basic /structural causes

Society, Policies, Resources

Underlying causes

Services, Access, Practices

Immediate causes

Status, and direct influences

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HRBA - Conceptual framework

Lens of analysisObligation for accountabilityMinimal service standardsPlanning and action frameworkCooperation

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Lens of Analysis Entitlements Duties Disadvantaged / underserved Groups Violations of HR principles Responsibilities

Minimal Service Standards Accessibility Affordability Appropriateness Relevance Quality

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Planning- and Action Framework Good Governance Poverty Orientation Participation Empowerment Non-Discrimination Gender Rights

Broadening Partnership and Cooperation Partners creating Coalition Building Networking

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The right to health

Tanzanian German Programme to Support Health supports the health sector process in Tanzania in achieving its goal “to improve the health and well-being of all Tanzanians with a focus on those most at risk ...“

A Human Rights Based Approach in TGPSH

Support from GTZ cross-sectoral project: Realizing Human Rights in Development Cooperation

Conducted a Workshop with component leaders Identfied challenges and crosscutting issues Recommended entry points Developed Activities and M&E

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TGPSH Human Rights Orientation

access to information on health rights so as to be able to claim them and to use reproductive health and HIV/AIDS services

adopting measures to abolish harmful traditional practices affecting the health of children and young people

advocating for the human rights of vulnerable groups decentralised structures at district level i.e. Council Health

Service Boards (CHSB), for both male and female representatives of the health administration

enhancing the capacity of health service providers to provide quality services

modular training course on district health management. development of pro-poor health financing models – in

cooperation with TNCHF support participation of district medical officers in a public

health master course at MUHAS

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Further HR strengthening is based on:

More information on health rights and services Supporting the health care ethics initiative Facilitating links between RHS and legal aid

services Networking with NGOs – Advocacy for the right to

health and its underlying determinants Encouraging participation in the InWent/WHO e-

learning course on health and human rights Strengthening equal and meaningful participation

in local health structures and decision making processes

Following up policy issues via networking etc.

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Challenges The need to address gaps in legislation and policy

The definition of a child Marriage law The restrictive abortion law The education sector – expelling of

pregnant girls from schoolRestrictions of the right to privacy and

confidentiality by the HIV/AIDS prevention and control act.

The need to better inform rights holders on where to seek advice and redress, in case their rights have been violated.

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Gender rights...... are always Human

RightsGender equality = women and men enjoy the same status = equal conditions and opportunities for exercising their

human rights TGPSH considers Gender and Human Rights together

Tanzania has ratified core international and regional human rights treaties aimed at promoting and safeguarding gender equality

Gender = cross-cutting issue

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“Mainstreaming” Gender within TGPSH

Conducted a gender study analyzing the gender sensitive work within TGPSH; came up with recommendations

TGPSH-Workshop on gender and HRo Developed a Gender-HR-matrix providing an

overview of related activities

Gender and Human rights sensitive approach included in the routine work nothing additional; easy to adopt

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TGPSH Gender orientation - so far

Gender focal person appointed

Gender sensitivity to be included in the annual staff performance assessments, if applicable (e.g. focal person)

Gender and HR are on the Management-Team-Meeting agenda

Gender is part of the Results-Based-Monitoring

Gender specific activities, e.g.»Male involvement enhanced (PMTCT, Family Planning)» Equal opportunity policy observed in recruitment»Gender balanced selection of participants in trainings

such as peer education, community based distributors, council health service board members etc.

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Further Gender strengthening I Enhance inter-component cooperation on gender specific

topics, e.g. maternal mortality Repro, Health Financing, Quality Management and PPP

component should discuss the possibilities of improving infrastructure for transport for pregnant women to the hospitals and health facilities

Cooperation with Development Partners and the Ministry of Health, e.g.: join Development Partner Group Gender advocate for including aspects of gender relevance in

national strategy papers/guidelines support the Ministry in further adapting and

implementing the WHO tool on gender mainstreaming in HIV/AIDS counseling and treatment in the Tanzanian context

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Further Gender strengthening II

Conduct operational research on, e.g.: early pregnancies and the prevalence of sexual

violence at schools women’s access to health care through community

health funds gender-specific movement patterns of health

personnel for health services Discuss the topic of sexual corruption and harassment in

workplace programme trainings for public and private sector

Advocate for change of the practice expelling pregnant school girls from school and support respective NGO movement

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Asanteni sana