Primer on Rights-Based Local Development Planning

Based on Experiences of the UNDP Rights-Based Municipal Development Programme in

Bosnia and Herzegovina

RMAP Partners and Donors

Bugojno

Breza

Donji Vakuf

Drvar

Goražde

Foča

Ilijaš

Jajce

Kalesija

Kiseljak

Lopare

Odžak

Orašje

Teslić

Visoko

Zvornik

November 2009

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Disclaimer

The views expressed in this publication are those of the authors and not necessarily those of UNDP.

A HRBA provides a coherent framework for women’s empowerment and gender equality. The terminology

used in this Primer to denote the masculine gender (e.g. ‘practitioner’, ‘stakeholder’, ‘mayor’ or alike) is

gender-neutral and refer to men and women alike.

Team Leader & Main Author Christian Hainzl, RMAP Programme Manager / Chief Technical Advisor Chapter Contributions Adela Pozder, RMAP Deputy Programme Manager Davorin Pavelić, RMAP Local Development Consultant Contributors Benjamin Kafka, ALDI (Agency for Local Development Initiatives) Reviewers The Primer has benefited from peer review and substantive comments from UNDP BiH colleagues of the local governance cluster projects and former RMAP staff members. Materials and research of Christopher Wilson on RMAP for the HURILINK Portal has also been reviewed and included where appropriate. Special thanks to Julia Kercher (BDP New York) and Walter Suntinger (Human Rights Consultant, Vienna) for detailed review and conceptual inputs.

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PREFACE This Primer aims to present the methodology that the Rights-Based Municipal Development Programme (RMAP) in UNDP Bosnia and Herzegovina (BiH) developed while assisting BiH municipalities to tackle both development and human rights shortcomings. The application of human rights-based approach (HRBA) in development programming in general, as well as when applied to a local development context like in BiH, is driven by the recognition that both the sustainable human development agenda as well as the human rights framework focus on the same goals, namely to build an environment of institutions and processes which are accountable and enabling choice, participation, inclusion, as well as to enlarge basic freedoms and strengthen the capabilities of people to live a dignified life, which they have reasons to value. While sustainable human development and human rights are not identical, and also historically have developed on rather separate tracks, there can be no doubt today that human rights, such as civil, cultural, economic, social and political rights enshrined in international and national treaties, are a substantive part of the sustainable human development paradigm, instrumental for its attainment. Still, the application of HRBA, meaning the systematic mainstreaming of human rights in development processes is ‘work-in-progress’ and also has many challenges. Some of these challenges are related to willingness to promote, protect and strengthen human rights. Others, equally relevant, are related to the lack of awareness and capacities for better understanding and effective application of human rights analysis within development processes, as well as identification of respective entry points. At the same time, and not only in BiH, basic development challenges such as complex, multilayered and widely ineffective administrative frameworks, lacking understanding of inclusion and accountability, lack of basic capacities for analysis, planning and project implementation, lack of reliable and objective data, and particularistic or nationalistic agendas pose critical obstacles to progress both in development and human rights enjoyment. From a project perspective, and for initiatives working on mainstreaming human rights into development programming or the application of HRBA, one key challenge is to work in an interdisciplinary manner, bringing human rights programming expertise together with other development perspectives, such as local governance or economic development, and to use an integrated, joint approach, without intending to ‘reinvent the wheel’ but to deepen and make established processes, like, in this case, the process of local development planning, human-rights-sensitive and relevant. Practices, results and lessons learned captured in this Primer aim to showcase a concrete example of a programme designed to address and overcome such challenges and obstacles. It aims to offer to interested development and human rights practitioners alike a potential source for reflection, learning, replication or selective taking up of some of the described methods and approaches. At the same time, it should be seen as a further step to fine-tune the adjustments of HRBA to local development.

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TABLE OF CONTENTS

INTRODUCTION ....................................................................................................................................................................................... 5

A. LOCAL DEVELOPMENT AND HUMAN RIGHTS – KEY CONCEPTS ............................................................................. 7

1. Local Development and Local Development Planning .............................................................................................. 7

What is missing in Existing Local Development Concepts? ......................................................................................... 8

2. Role of Human Rights in Development ............................................................................................................................ 9

Human Rights and Development ............................................................................................................................................. 9

Human Rights and Poverty ...................................................................................................................................................... 12

Human Rights Principles, Obligations and Functions ................................................................................................... 13

Human Rights-Based Approach to Development ........................................................................................................... 16

Human Rights and Local Development ............................................................................................................................... 21

B. LOCAL DEVELOPMENT AND RIGHTS-BASED MUNICIPAL DEVELOPMENT PROGRAMME IN BiH .......... 24

1. Local Development in Bosnia and Herzegovina – Issues and Key Challenges............................................... 24

2. Rights-Based Municipal Development Program (RMAP) in a Nutshell ............................................................ 25

Adjusting and Tailoring the HRBA within RMAP............................................................................................................ 27

RMAP Approach in Brief ........................................................................................................................................................... 28

C. HUMAN RIGHTS LENS ON LOCAL DEVELOPMENT PLANNING / RMAP APPROACH ..................................... 34

1. Some Guidance from the P.A.N.E.L Principles Framework .................................................................................... 34

2. Local Development Planning Process............................................................................................................................. 37

Preparation Stage: Organising Local Development Planning .................................................................................... 37

Assessment and Analysis Stage: Community Assessment / Drafting a Community Profile ......................... 42

Planning Stage: Developing the Rights-Based Local Development Strategy ...................................................... 47

Implementation Stage: Implementing the plan/ implementing projects ............................................................. 52

Monitoring and Evaluation ...................................................................................................................................................... 54

3. Lessons Learned from Application of the HRBA within RMAP ............................................................................ 56

ANNEX - Projects Selected and Implemented within RMAP (2006-2008) ......................................................................... 58

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INTRODUCTION This Primer intends to present development practitioners with a series of best practices, methods and lessons learned from the UNDP Rights-Based Municipal Development Programme (RMAP) implemented in Bosnia and Herzegovina (BiH). The focus is on presenting the specific value-added of integrating the HRBA into local development planning. This Primer has three principal sections. The first section critically examines the conventional concepts of local development and presents standard practices in the field. It further briefly discusses the conceptual role of human rights in development, including local development, and also addresses the essential features of human rights-based approach to development. The second section aims to briefly present the RMAP project and its specific components in the context of BiH. It starts with some key issues and challenges related to local development in BiH, followed by principal considerations related to the design of RMAP and the application of HRBA to local development in BiH. It also briefly introduces the planning and implementation methodology and processes as applied within RMAP. The last section seeks to provide greater details on entry points and value added of the application of HRBA in local development planning and management processes as facilitated by RMAP. The approach chosen is to show how the application of the so-called ‘human rights lens’ adapts various steps of local development planning and management processes, particularly with a view to take guidance from human rights normative contents as well as to give concrete meaning to the leading principles of HRBA - participation, accountability, non-discrimination and empowerment. Finally, this section also provides key lessons learned during the RMAP design and implementation. In the Annex, some of the typical municipal projects supported and co-financed by UNDP RMAP are presented in more detail, including a full list of all projects implemented at the local level.

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Box 1 - Results and Impact of the RMAP last programmatic phase in BiH (2006-2008)

Inclusive, rights-based local planning rolled out with municipal partners

Under its planning component, the RMAP assisted municipalities in formulation of their long-term development plans. In the last programmatic phase, RMAP facilitated high quality rights-based municipal development planning based on a multi-sectoral, participatory and inclusive approach in nine municipalities (Breza, Foča, Goražde, Ilijaš, Jajce, Kalesija, Kiseljak, Lopare, and Visoko). In this regard, RMAP also responded to a critical development gap, since at the time of its launch, it was the sole service provider for a multi-sectoral and inclusive approach to local development planning in BiH.

Local priority projects developed and implemented

Under the implementation component, the programme provided technical assistance and financial support for the implementation of priority projects from the municipal development strategies in 14 partner municipalities (Breza, Bugojno, Donji Vakuf, Drvar, Ilijaš, Jajce, Kalesija, Kiseljak, Lopare, Odžak, Orašje, Teslić, Visoko and Zvornik), resulting in: 41 municipal projects identified and implemented based on roughly USD 600,000 of seed funding provided by

UNDP RMAP in total, reaching some 90,000 beneficiaries in the mentioned partner municipalities; local project co-financing doubled or tripled the seed funding provided by the programme, amounting to more

than USD 1,410,000 spent on local projects. (See details on projects in the Annex).

Local capacity gaps addressed through practical and on-the job training

RMAP capacity-building activities, targeting primarily local planning and project implementation deficiencies, provided through a series of workshops, coaching and on-the-job training, reached over 400 participants in partner municipalities, including municipal staff, representatives of local CSOs, and the business community.

BiH-wide and a global knowledge sharing

RMAP participated in a number of knowledge-sharing activities in and outside of BiH, and has received global attention and recognition within UNDP and beyond. The pragmatic RMAP approach and its hands-on experiences also served as a model and resource, with the methodology and tools being reviewed, used or even partially replicated in similar initiatives in other countries.

Presentation at regional and global workshops and conferences (Sarajevo and Yerevan - 2006, Moldova - 2007, Geneva - 2008) and peer-to-peer reviews (GTZ PROMUDEL Guatemala - 2007) and various contributions to UN topical networks on HRBA and local governance;

Creation of a knowledge platform through the RMAP web page (www.rmap.undp.ba); RMAP featured on the HuriLINK portal (www.hurilink.org/bosnia_detail.php) and classified among best

practices in the ‘UNDP Primer on HR & MDGs – Making the Link’.

In 2008, jointly with the Swiss Development Cooperation (SDC), UNDP initiated a new three-year project in BiH - Integrated Local Development Project (ILDP), which works country-wide towards mainstreaming of an inclusive and integrated approach to local development planning by building on the RMAP experience and other good development planning practices in BiH. Under its policy component and jointly with all relevant BiH partners at all levels involved, ILDP aims to harmonise and standardise local development planning methodologies in BiH, by scaling up the RMAP experience to a BiH-wide level.

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A. LOCAL DEVELOPMENT AND HUMAN RIGHTS – KEY CONCEPTS

1. Local Development and Local Development Planning Local development could be seen both as a concept as well as a process. Local development as a concept has many faces, but local development as a process is standardised to the largest extent. This means that, regardless of differences in underlying principles of various local development concepts / approaches, the means and mechanisms used for achieving local development are alike. Most concepts agree on the necessity to mobilise all local resources. They also underline the need for strong participation of all interested parties in local development processes. Finally, the overarching objective can be achieved only on the basis of strong cooperation and partnership between public and private sectors and civil society organisations and structures. Processes are almost identical regardless of the concept applied; their first step being the organisation of an effort, analysis and identification of main participants and relevant stakeholders, as well as resources they can bring into the process. Participation, roles and partnership in the process are primarily determined through the establishment of different formal and informal structures in charge of management or contribution to the process. Goals, objectives and priority interventions are determined and implemented through close cooperation between public, private and civil society sectors. Differences in local development concepts lie in the weight and significance given to a specific area / sector, or the significance given to what is believed to be the underlying driving force of local development. For a long time the main and prevailing concept was that of local economic development concept. For example, the World Bank sees local economic development (LED) primarily as the process ‘by which public, business and non-governmental sector partners work collectively to create better conditions for economic growth and employment generation. The aim is to improve the quality of life for all’.1 For others, local development is a concept „defining the process of development, particularly economic, in a specific region or territorial administrative unit, which triggers the increase in the quality of life at local level.’2 Notably, according to these definitions, local development is primarily based on economic development, coupled with hopes that economic growth would result in an overall improvement of life. Improvement of quality of life for all at the local level is based on the expectation that benefits of economic growth will somehow trickle down to all tiers of society and reach all citizens. Local development planning is a process and a tool. Process wise, local development planning is related to the creation of coalitions that would increase capacities of a local community to achieve development objectives. Local development planning as a tool allows primarily the public sector and local administration to move from the administrative management to the policy management level. Local development planning could be considered identical to strategic planning of development of local affairs. It is about local communities responding to external challenges and about efficient utilisation of its

1 WB, Local Economic Development (LED): Quick reference guide, http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTURBANDEVELOPMENT/EXTLED/0,,contentMDK:20738322~isCURL:Y~menuPK:1330226~pagePK:148956~piPK:216618~theSitePK:341139~isCURL:Y,00.html 2 Parlagi, ‘Dicţionar de administraţie publică’.

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resources to achieve local development. It is also about determining the vision and strategic direction of development for local communities as well as about the management of processes to determine and achieve development goals and objectives. Strategic planning and strategic plans are usually linked to a formal organisation, while the purpose behind creation of strategies is to meet organisational goals. This is a point where local development planning or strategic development planning at the local level gets complicated and different from standard strategic planning. There is no formal organisation for which development goals should be set - there is only a rather fluid concept of the community. All development concepts claim that local development plans are not plans of local administration. They are owned by the entire community, involving also the private sector and civil society organisations and structures.

What is missing in Existing Local Development Concepts?

Existing local development concepts are predominantly of sectoral nature and rather narrow in focus. A sectoral approach gives only a partial scan of issues and causes of developmental problems and consequently offers only partial solutions for identified issues. Also, a sectoral approach to local development creates imbalance in allocation of local community’s scarce resources and channels them by default to favourite sector(s), leaving little resources for a wide range of issues. In practice, most local economic development concepts are focused on three areas: encouraging development of small and medium-sized enterprises (SMEs), developing entrepreneurship and attracting investments. Other proclaimed goals of local economic development, such as improvement of quality of life for all, tend to get ignored in practice. Local economic development concept tends to support most economically active and competitive segments of a local population – entrepreneurs or entrepreneurs to-be. At the same time, many other groups of population are completely left out. Initiatives within this concept target the existing SMEs, new entrepreneurs, municipal administrations, business associations and business service providers. Usually, there is no initiative focused on the needs of the poor and marginalised. Local economic development concepts rarely address the needs of children, the elderly, female-headed households, disabled and of other, often marginalised groups, such as the Roma. If the needs of the disadvantaged categories of population are not targeted directly, little will be done for them through, for example, support to enabling business environment and entrepreneurship, and there is an imminent threat of the elite capturing the process of local development. Local development brings operations of local administration to another level - policy management. Policy management requires that the local administration be already reformed at the level of operational and management efficiency. The concept of local economic development, again due to its limited sectoral nature, brings but a few requirements, standards and norms for improvement in efficiency and accountability of local administration. All efforts related to local development are doomed to fail in the long run, if inadequate and ineffective administrative structures stand behind those initiatives and efforts. If norms, standards and principles of the local development concept are not rooted in affairs and operations of a local administration, there is not much that would be achieved in terms of local community development. On the other hand, this calls for strengthening of the accountability, rule of law and transparent and objective decision-making within local administration.

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In sum, shortcomings of the existing local development concepts frequently relate to the lack of a multi-sectoral approach in assessment and objective planning of local development within a variety of sectors - including health, education, social protection – relevant for the quality of life in local communities. This also leads to questions on how to define general targets and indicators for these sectors, which would be relevant for all and not only for a small group or a limited set of local development activities. At the same time, such approaches, due to their more narrow scope, also take a limited perspective on capacity development. Finally, participation is often only understood in a narrow and technical way or even misused to only ‘formalise or legitimise’ decisions that were already made in advance. Wherever processes and forums are created to actively engage and target more vulnerable strata of the local population within local development, it often takes place within limited and sectoral approaches, but is rarely integrated within the wider community-based local development targeting the population as a whole. Similarly, the role of participation to enforce transparency and strengthen and monitor accountability is rarely explored.

2. Role of Human Rights in Development

Human Rights and Development

‘I believe we can say that the ultimate aim of development is the stage where all human rights are guaranteed and enjoyed by all. To achieve this, we must work together to find ways of integrating human rights with development programming - ways of implementing, at all levels, a human rights-based approach to development - an approach based on the principles embodied in the various international instruments on human rights.’ (Mary Robinson, former United Nations High Commissioner for Human Rights, Feb. 2000)

The discussion on relations and linkages between human rights and development, as well as the role of human rights in the UN development agenda has a long history, starting in principle with the UN Charter (1945) and the Universal Declaration on Human Rights (UDHR, 1948), and continuing even nowadays as a conceptual and a practical debate too. However, there can be no doubt that the development agenda and the human rights framework share common objectives and concerns and are seen, in principle terms, as congruent, compatible and mutually reinforcing. Such insights are based on paradigm shifts of how ‘development’ and ‘human rights’ should be understood and interpreted, which initially took place on parallel tracks, but at the same time paved the way for an integrated vision and approach. Looking at the development side, we can see a distinct change how the term ‘development’ is understood. Earlier narrow focus on industrialisation, growth and economic development is now left behind, to define it in a much more holistic manner.

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‘Development is about expanding the choices people have to lead lives that they value. It is thus about much more than economic growth, which is only a means —if a very important one —of enlarging people’s choices and building human capabilities.’ (Sustainable Human Development perspective of UNDP)3

‘Human development’ as encapsulated in the development paradigm of UNDP, stresses the role of the human person in development. It is thus people-centred, underlining the importance of participation and choice and the equality of women and men. It has a focus on the disadvantaged and marginalised, which is also reflected in an emphasis on eliminating poverty. At the same time, and while fostering economic development remained a key goal, in today’s development cooperation policies, we see a distinct inclusion of the political field, the reform of government institutions at all layers, and the underlining of sustainability and environmental concerns. Such a multidimensional and holistic understanding of development paved the way for a more targeted discussion on the linkage to the human rights frame and the role of human rights in development. Looking at the human rights side, one should first note that human rights are both legal and moral claims. They originated and are based on the idea of the equal dignity of every human being, and reflect the universal ethic principle of ‘Do (not do) to others what you (do not) want others do to you’(Golden Rule), while their legal concretisation is of a more recent origin. The international protection of human rights took its origin from the Universal Declaration of Human Rights (UDHR) in 19484, from which a host of international binding treaties and declarations have evolved, further detailing the rights enshrined in the UDHR. As a fact, the scope and dimensions of human rights have changed considerably since the first national human rights catalogues on civil and political rights at the end of the 18th century. Such ‘evolution’ of human rights has also contributed to placing human rights firmly on the development agenda. The initial focus on civil and political rights, aiming at the protection of freedom of the individual against state interference, was supplemented in the 19th century by a so-called second group of human rights. These rights, meaning economic, social and cultural rights, were formulated as a response to the threats against society coming from the emerging industrialisation and capitalist practices in the 19th century. The objective was to establish a minimal framework of social and economic security. The focus was not, as under civil and political rights, to hinder state interference, but to establish claims to positive state action for ensuring these rights. Finally, another group of rights, sometimes also referred to as ‘group’ or ‘solidarity’ rights, for example, the right to development, emerged in the course of reshaping the international relations after World War II and throughout the process of decolonisation. Eventually, the fall of the Iron Curtain also gave room to a much less politicised debate on human rights and made a politically motivated split between civil and political rights (supported by the Western countries) and economic, social and cultural rights (supported by the countries of the Eastern bloc) somehow redundant. Nowadays, there are various international and national legal frameworks which have concretised the idea of human rights in legal terms on the basis of the notion of the indivisibility of all human rights. However, in the eyes of the public, economic, social and cultural rights are still poorly understood.5

3 http://hdr.undp.org/en/humandev 4 The UDHR is a declaration of the General Assembly and, as such, not a legally binding treaty or covenant. 5 BiH has signed/ ratified the following core international treaties and conventions: European Convention on Human Rights (ECHR); European Social Charta (ESC); Covenant on Civil and Political Rights; Covenant on Economic, Social and Cultural Rights, Convention on the Elimination of Racial Discrimination, Convention on the Rights of the Child; Convention against Torture;

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At the global level, next to the UN Charter, the UDHR and the nine core treaties of international human rights law,6 milestones in this process also include the Declaration on the Right to Development (1986).

Article 1 expresses the link between human rights and development in an insightful way: ‘The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.’ 7

Within the UN system, the debate on development and human rights gained particular momentum in the last fifteen years. The World Conference on Human Rights (WCHR, Vienna, 1993) firmly noted a consensus of the participating states, that both fields work towards the same goal of securing basic freedoms and choices and that the fulfilment of all human rights should be viewed as the ultimate goal of development. The Vienna Declaration and Programme of Action reaffirmed by consensus the right to development as a universal and inalienable right and an integral part of fundamental human rights. It further stated that, while development facilitates the enjoyment of all human rights, a lack of development may not be invoked to justify the abridgement of internationally recognised human rights. Within UNDP, the UNDP Human Development Report on Human Rights and Development (2000) should be considered as a conceptual landmark. The UN reform launched under the UN Secretary General Kofi Annan requested all UN work to be informed with HR values and principles. Similarly, the Millennium Declaration (2000) is firmly based on the promotion and respect for human rights8. A more recent eminent step at the operational/programmatic level amongst UN agencies was the adoption of a common understanding on core characteristics of human rights-based approach (HRBA) to development, defined in the Stamford Statement of Common Understanding (2003).9 This ‘evolution’ can be taken to illustrate that human rights are not a static concept but are in a constant process of development and change, as they are responding to shifting and emerging threats against the individual and society. While maintaining their dual nature of moral and legal claims, the emergence of a wide set of human rights treaties shows a constant pattern of human rights standardisation enabling enforcement. The resulting broadening of their scope and dimension also paved the way for a more intensive and constructive debate about the role of civil, cultural, economic, social and political rights in development.

Convention on the Elimination of all Forms of Discrimination against Women. By doing so, BiH has committed to adjust its internal legal and administrative framework in accordance with the enshrined rights and principles. 6 There are presently nine core human rights treaties. Each of them is supervised by a treaty body in the form of an expert committee. Some of them are supplemented by additional protocols dealing with specific concerns: CERD - International Convention on the Elimination of All Forms of Racial Discrimination, 1965; CCPR - International Covenant on Civil and Political Rights, 1966; CESCR - International Covenant on Economic, Social and Cultural Rights, 1966; CEDAW - Convention on the Elimination of All Forms of Discrimination against Women, 1979; CAT - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984; CRC - Convention on the Rights of the Child, 1989; CRMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990; CRPD - Convention on the Rights of Persons with Disabilities, 2006; International Convention for the Protection of All Persons from Enforced Disappearance 2006 (not in force yet). 7 The Declaration on the Right to Development (Article 1). http://www2.ohchr.org/english/issues/development/right/index.htm. 8 In particular Chapter V on Human Rights, Democracy and Good Governance, http://www.un.org/millennium/declaration/ares552e.pdf 9 http://www.undg.org/archive_docs/6959-The_Human_Rights_Based_Approach_to_Development_Cooperation_Towards_a_Common_Understanding_among_UN.pdf

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Human Rights and Poverty

The convergence of human rights and development can be further illustrated by looking at the linkages between poverty and human rights. ‘Poverty’, from a traditional development perspective, can be seen as an extreme form of deprivation related to economic constraints. From a human development perspective, poverty can be understood as a lack of basic choices and capabilities. In the poverty debate, similarly to the wider development debate, a paradigm shift took place towards a concept of multidimensional deprivation, going beyond low income and low consumption, to include low achievements in other areas relevant for human development, such as education, health, nutrition, housing and participation. This was based on previous experiences and lessons learned that the formula - economic development equals economic growth equals poverty reduction - showed serious shortcomings in delivering development results for all. Consequently, there came a growing perception of the need for proper management of economic development and growth, which would include questions of redistribution, social protection and the creation of security nets. This naturally paved the way to look more deliberately at the linkages between poverty and human rights. Such paradigm shift and active linking is also mirrored by the BiH Mid-Term Development Strategy (2004-2007) poverty definition:

‘To view poverty as multidimensional phenomenon characterised by lasting or chronic shortage of resources, abilities, choices, security and powers required for an adequate standard of living and attainment of other civil, economic, political and cultural rights.’

Even if it is not possible to generally categorize poverty as a human rights violation, human rights can indeed be a cause and a consequence of poverty. Taking into account the necessary link to economic constraints, a definition of poverty from a human rights perspective interprets poverty as a denial (non-fulfilment) of those rights that ensure basic choices related to the command over economic resources - namely nourishment (right to food, water), adequate clothing and housing, literacy (right to education), avoidance of preventable morbidity (right to health), taking part in life of a community (participation, civil and political freedoms). In sum, this discussion on the role of human rights within initiatives to reduce or eliminate poverty, including the local level, emphasises the dual role that human rights take within a poverty definition and poverty reduction. Human rights add value to better understanding and defining of poverty; they are tools and take over functions within poverty reduction initiatives. Or in other words, while some rights are a part of the poverty definition (constitutive relevance), all human rights are relevant and should be considered within a strategy to overcome poverty (instrumental value).10

10 For parts of this chapter see: OHCHR, FAQs on HRBA, 2006; OHCHR: Principles and guidelines for a human rights approach to poverty reduction strategies, 2006.

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Human Rights Principles, Obligations and Functions

‘Human rights are universal legal guarantees protecting individuals, and to some extent, groups, against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity’. (OHRCH, FAQs on HRBA, 1).

Concepts and Values Enshrined in Human Rights The enjoyment, promotion and protection of human rights, as enshrined in the body of international human rights law, are based on certain principles and concepts, which, by all means, also apply within a development context: These basic concepts and values of human rights law, in short, contain the following: Universality of human rights – all human rights for all human beings by virtue of their humanity; Indivisibility and interdependence of civil, political, economic, social and cultural rights – all human

rights are on the same footing and create the same obligations; the realisation of rights is supported by and dependent on realisation and enjoyment of other rights;

Limitation of human rights –human rights are not guaranteed without limits, but can, under certain circumstances, be limited, given that such limitation is based on the law, pursues a legitimate interest and is necessary for achieving these interests (on the basis of the principle of proportionality);

Human rights carry corresponding obligations –where there is a right guaranteed there is respective duty-holder that is accountable for its realisation; and, also underlining that all human rights carry a triple set of obligations (see above);

Human rights as the first responsibility of government – The human rights law puts the principal responsibility for respecting, protecting and fulfilling human rights to the government (and its agents) which has committed to its implementation; human rights should constitute the main preoccupation of governments;

Implementation in law and practice required – Upon signing/ratifying an international human rights treaty, governments are responsible for adjusting the national legal framework to the rights and obligations of the respective treaty; while legislative measures are often necessary, this is not sufficient, as change has to happen in practice.

Human Rights Obligations

In a nutshell, a human right is a valid claim to something (by a rights-holder) which is related to a corresponding duty (by a duty-bearer). For example: ‘A school-aged child has a valid claim (right) to education – others (governments, school authorities, parents, teachers…) have duties (or obligations) to ensure that the right is realised.’ The underlying corresponding relationship between rights and duties and rights-holders and duty-bearers is one of the key new perspectives that human rights and the human rights-based approach add to development. While the principle duty-bearers are states, it is accepted today that, in principle, human rights obligations also relate to other duty-holders (other individuals and third parties, such as companies). However, the state remains the principal duty-bearer under the international human rights law and is responsible for adequate implementation of undertaken human rights obligations at national, regional and local levels.

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All human rights - civil, political, economic, social, and cultural – carry the same set of so-called ‘triad of obligations’. These obligations are referred to as the trias to respect, protect and fulfil human rights. The obligation to respect requires the duty-bearer not to breach, directly or indirectly, the free

enjoyment of any human right. For example, states must abstain from arbitrary interference in freedoms of expression or assembly or personal liberty, as well as, with regards to ESC rights, to abstain from forced evictions and interfering with the rights and freedoms associated with education or health.

The obligation to protect requires the duty-bearer to take measures that prevent third parties from abusing or interfering with the right. For example, states must take measures to ensure safety of lawful demonstrations from attacks by counterdemonstrators, set measures to hinder pollution which impacts on the safety of water or (the right to) health, or ensure that children are not being prevented to go to school.

The obligation to fulfil requires the duty-bearer to adopt appropriate legislative, administrative and other measures towards full realisation of human rights. This ranges from the facilitation and direct engagement of the state to create a conducive environment for human rights enjoyment, through among other, appropriate legislation and human rights compliant administrative procedures (e.g. within the health and social protection system), to the obligation to directly provide services to ensure minimum levels of human rights enjoyment, in particular if the rights-holders cannot provide for themselves.

This triad of obligations define the principle scope of the accountability of duty-bearers (states/ governments and others) in human rights terms. In this view, they can serve as an informative analytical framework in development analysis for assessing to what degree duty-bearers, through actions and omissions, live up to their obligations. Further, they can and should feed into development programming to devise interventions in support of strengthening the realisations of the rights working with both sides, the duty-bearers and rights-holders. Similarly, and originating initially from the interpretation of economic, social and cultural rights, the dimension of accessibility, availability, adaptability and adequacy of human rights (colloquially referred to as quadruple or 4 As)11 can serve as an analytical framework for understanding and analysing the dimensions of human rights and using it for development programming. This type of assessment is in particular helpful with regards to assessing the quality of services relevant for human rights enjoyment.

11 Similar categorisation used in General Comments on the CESCR include availability, accessibility (economic and physical) and quality (including cultural acceptability).

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Functions of Human Rights Along the view of seeing the realisation of human rights not only as the ultimate goal of development but also as tools and instruments within development processes, when discussing the role of human rights in development, it is useful to look at the functions assumed by human rights as individual rights or in their entirety.12 Core functions of human rights can be seen as follows: Human rights as protection of fundamental interests, Human rights as empowering rights-holders, Human rights as protection against abuse of power - enforcing the rule of law, Human rights as protection against exclusion, Human rights as guidance for political and economic measures, Human rights as a basis for moral and legal judgments, and Human rights as analytical tools for deciding whether something is permissible or not.

These functions – emphasising protection and empowerment - provide the wider frame for the integration of a human rights perspective into development.

12 The list of functions developed for RMAP staff training in 2006 by W. Suntinger.

Box 2 – Analytical guidance from the human rights dimension of ESC rights In the process of local data collection and during the assessment phase of developing the local development strategies, RMAP has adapted the ‘4 As-Scheme’ from the Committee on Economic, Social and Cultural Rights (treaty body of the International Covenant on ESCR) to evaluate whether the present situation in the education sector meets the standards of the right to education. Accessibility. Services are expected to be accessible to users, in terms of distance and availability. (Is the school too far away for certain groups of children to attend it? Are the available facilities sufficient?) Affordability. Services should not be too expensive for users to afford them. Certain services, including primary education, should be available at no cost. (Is local transportation too expensive for some children to afford? Are tuition, books and other fees too expensive for some households?) Adaptability. Services should take into account the local social and political environment, and be adapted to local needs. (Is teaching delivered in a form and language understandable and comprehensible to children from different (ethnic, minority) groups?) Acceptability. Services should be in a form that users find acceptable, for example culturally. (Is the school curriculum sensitive to local values and experiences? Are the materials and examples used relevant for all students?) While the applicability of these categories and the relevance will vary, the scheme provided a valid guidance to structure the initial assessment as well as for framing the assessment reports. (Human Rights and the Millennium Development Goals - Making the Link, page 13)

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Human Rights-Based Approach to Development

In recent years, the work on the inclusion of a human rights perspective in development has been giving rise to a so-called ‘rights-based or human rights-based approach to development’ (RBA or HRBA). While there is a variety of interpretations and definitions of what is understood by the HRBA used by different development actors, including UN agencies and UNDP, the following two definitions of OHCHR and a major international NGO can serve to illustrate the commonalities and principles encapsulated.

‘A HRBA is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. It seeks to analyse inequalities and redress discriminatory practices and unjust distributions of power that impede development progress.’ 13 ‘A rights-based approach to development promotes justice, equality and freedom and tackles the power issues that lie at the root of poverty and exploitation. To achieve this, rights-based approach makes use of the standards, principles and methods of human rights, social activism and of development.’14

What both definitions clearly have in common is that they define the HRBA at two levels: 1. human rights as commitments, which define the objectives and outcomes of development, 2. human rights as instruments within the processes and methodologies applied. In terms of objectives, the HRBA underlines freedom, equality, poverty reduction and the elimination of discrimination as core goals. Consequently, the deliberate focus on inclusion of discriminated and marginalised groups is a further distinct feature of the HRBA. The emphasis on addressing the root causes of poverty and exclusion, and on taking up the underlying unjust power relations gives a distinct political nature to human rights-based approach. In this regard, the HRBA builds or may even seem to converge with the objectives of other conceptual approaches to development. When it comes to processes and methods, however, the HRBA substantially provides different and new perspectives, as it links development activities explicitly to standards and principles of the international human rights framework. In light of this, the HRBA also introduces a new and different understanding of accountability alongside the corresponding relations between rights and duties, and rights-holders and duty-bearers. For the UN agencies, the 2003 Stamford Statement of Common Understanding (2003) on human rights-based approaches to development cooperation and development programming is an important reference for the understanding of the implications of the HRBA. Its first two elements mirror the implications of the HRBA with regards to setting the objectives and shaping the development processes.

1. All programmes of development cooperation, policies and technical assistance should further the realisation of human rights as laid down in the UDHR and other international human rights instruments.

Thus, the objective of all activities should be to contribute directly to the realisation of one or more human rights.

13 OHCHR, 2005: FAQs on HRBA to development cooperation, 15. 14 Brief introduction to rights-based programming. Save the Children. W. Theis, 2003.

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2. Human rights standards contained in, and principles derived from the UDHR and other international human rights instruments guide all development cooperation and programming in all sectors and all phases of the programming process and development cooperation.

The second element of the HRBA stresses the role of human rights for the process of programming in all sectors of development (from health, education, governance, nutrition, water and sanitation, HIV/AIDS, employment and labour relations and social and economic security) and in all phases of the programming cycle. It includes all levels of programming (project, programmes, CCA/UNDAF) and all development cooperation, including efforts directed towards the achievement of the Millennium Development Goals. However, the Stamford Understanding has added another element, related to the envisaged outcome of the application of the HRBA:

3. Programmes of development cooperation contribute to the development of the capacities of ‘duty-bearers’ to meet their obligations and of ‘rights-holders’ to claim their rights. 15

Human rights build on a relationship of claims and correlative obligations. The part of the HRBA is to identify the rights-holders (and their entitlements) and the corresponding duty-bearers (and their obligations). However, the focus here is not just the analysis itself or ‘naming and shaming’, but to work within and through development initiatives towards the strengthening of the capacities of rights-holders to understand and voice their claims, and of duty-bearers to meet their obligations. In this light, the HRBA can be seen as a positive, constructive, and long-term oriented approach. While such nature of the approach - in particular for UN agencies and UNDP that rely on partnerships with host governments - is supportive in balancing the inherent political character of the HRBA, it also entails a certain caveat. Namely, the application of the HRBA will not necessarily improve the enjoyment of human rights in the short run, as the HRBA is not too well equipped to address imminent human rights shortcomings and violations, and capacity development is a long-term process with often insecure outcomes. Looking at development through ‘human rights lens’ Conceptual definitions of HRBA, although needed, do not easily lend them to immediate and practical application. With a view to make it simple and practical, applying the HRBA can also be understood as looking at development challenges and programming through a ‘human rights lens’. In other words: what are the changes in perspective when looking through ‘human rights glasses’. The principles of human rights perspective can be summarised as follows: Equal dignity as a starting point, Focus on vulnerability and marginalisation, Normative nature: rights – duties; not charity and the government viewed as a service provider for

human rights, Legal dimension: importance of law – limitation of law,

15 Stamford Statement of Common Understanding (2003). See UNDG portal on HRBA to development programming: http://www.undg.org/?P=221 and specifically: http://www.undg.org/archive_docs/6959-The_Human_Rights_Based_Approach_to_Development_Cooperation_Towards_a_Common_Understanding_among_UN.pdf

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Political and ethical dimensions, Participation as a right (qualified as meaningful and inclusive), Non-discrimination as an omnipresent red thread, Again, all human rights – civil, cultural, economic, political, and social – are relevant and interrelated, Constitutive relevance of human rights for development (goals and intrinsic value), Instrumental relevance of human rights for development (analysis, methods, tools).16

16 The list of perspective principles developed for RMAP staff training in 2006 by W. Suntinger/C.Hainzl.

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Concept of Social Inclusion and the HRBA to Development – Common Denominators The concept of social inclusion is at the heart of the EU social policy-making. Therefore, it takes a specific significance for BiH and its aspirations and process towards the EU accession and membership. The social inclusion concept is very much congruent with both the human development and human rights-based approaches to socio-economic development. Both social exclusion and the HRBA provide valuable analytical frameworks, which deepen our understanding of development and poverty, in particular by focusing on the question of power and powerlessness. Both frameworks refer either to individuals or groups and are concerned with conditions of

Box 3 – ‘Human Rights Principles Guiding Programming within the HRBA’, Common Understanding, Stamford 2003 Universality and inalienability. Human rights are universal and inalienable. All people everywhere in the world are entitled to them. The human person in whom they inhere cannot voluntarily give them up, nor can others take them away from him or her. As stated in Article 1 of the UDHR, ‘All human beings are born free and equal in dignity and rights’. Universality also refers to the obligation of every State to respect and protect human rights in international instruments. These rights form a core minimum standard to be observed by every State. Indivisibility. Human rights are indivisible. Whether of a civil, cultural, economic, political or social nature, they are all inherent to dignity of every human person. Consequently, they all have equal status as rights, and cannot be ranked, a priori, in a hierarchical order. Interdependence and interrelatedness. The realisation of one right often depends, wholly or in part, upon the realisation of other. For instance, the realisation of the right to health may depend, in certain circumstances, on realisation of the right to education or the right to information. A malnourished girl is unable to perform in school and to benefit from an education that will enable her to participate in civil society and democratic process. For development work, this implies the necessity of seeing the multiple dimensions of deprivation, and taking a holistic approach to development. Equality and non-discrimination. All individuals are equal as human beings and by virtue of the inherent dignity of each human person. All human beings are entitled to their human rights without discrimination of any kind, such as race, colour, sex, age, language, religion, political or other opinion, national or social origin, disability, property, birth or other status as established by the human rights treaties and further interpreted by the human rights treaty bodies. For this reason, the advancement of human rights of both men and women on the basis of equality is an absolute requirement of international human rights law. There is a corresponding duty of governments (and development actors) to reach out to the most deprived and address the patterns of their deprivation. Participation and inclusion. Every person and all peoples are entitled to active, free and meaningful participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in which human rights and fundamental freedoms can be realized. Claim-holders are entitled to participate, and participation is not to be understood as a mere managerial best practice. It is a means as well as an end. The implication for programming is a focus on identifying the excluded and disadvantaged, and creating forums where their voices will be heard. Accountability and rule of law. States and other duty-bearers must respect, protect and fulfil human rights. They have to comply with the legal norms and standards enshrined in human rights instruments. Where they fail to do so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress.1 This implies raising awareness of rights holders and building the capacities of duty bearers, distinguishing between their inability and unwillingness to fulfil the claimants’ rights. (Adapted from ‘FAQs on a HRBA to development cooperation’, OHCHR, 2006 www.un.org/depts/dhl/humanrights/toc/toc9.pdf, Annex II.)

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their access to labour and employment, basic services in education, health and social welfare, as well as their decision-making processes. Human rights and social inclusion share a concern with equality, non-discrimination and participation. Both argue for a multi-dimensional analytical framework for assessing and measuring poverty, and are keen to understand the structural causes of poverty. Both are concerned with relative poverty (the comparative disability to participate fully in a given society) in addition to absolute poverty (income, consumption or other poverty measure below a certain level defined as the poverty line). Social exclusion can be understood as an outcome or a process that prevents individuals or groups from participating in the economic, political and social dimensions of the life of their communities (DFID, Social Inclusion Review, p. 9). This refers to a restricted access to labour market and other opportunities of earning a living such as access to information, consultation, decision-making and other citizenship rights. The HRBA reaches the same conclusions based on the principle of non-discrimination and the recognition of the practical interdependence and inter-relationship of all human rights. Thus, in addition to civil and political rights, it emphasises the key complementary role of economic and social rights for sustainable human development. Finally, the notion of accountability is a key aspect of the HRBA to development and is also relevant to the social inclusion approach. From a human rights perspective, individuals and groups are holders of rights, while governments and other parties, as duty-bearers, are accountable for the realisation of these rights. In reality, this means that they and their agents have to avoid arbitrarily interference in the free exercise of rights ('respect') and set active measures to prevent third parties or other individuals from violating or infringing those rights ('protect'). In addition, governments are responsible to set adequate legislative, administrative and budgetary measures to put in place a system which permits the highest possible level of realisation of those rights ('fulfil'). Such a view of accountability from a social inclusion perspective is mirrored in the attention given not only to the excluded but also to the excluders. Similarly, a social inclusion perspective is concerned with governance and citizenship rights, with the institutional dimension of exclusion and with organisations, institutions and processes, which are excluders or excluding. Human Rights-Based Approach and Gender Mainstreaming The HRBA to development and gender mainstreaming not only complement and reinforce each other, but also rest basically on the same values. Gender mainstreaming is the process of assessing the implications of any planned action on women and men, including legislation, policies or programmes, in all areas and at all levels. It requires the integration of a gender perspective in development activities to ensure that they benefit women and men equally and prevent the perpetuation of inequality. The HRBA integrates international human rights standards and principles in development activities, including women’s human rights and underlining the importance of equality and the prohibition of any kind of discrimination. What does the HRBA mean for gender equality? The application of the HRBA entails, inter alia, collecting disaggregated data and analysis to identify the immediate as well as the underlying causes of discrimination against women and men and addressing these causes in development programmes; identifying the rights to which the most vulnerable and excluded groups of women and men are entitled, and targeting these in programme interventions; developing capacities of excluded groups to understand and claim rights and of duty-bearers to meet the obligations.

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The HRBA thus provides a coherent framework for women`s empowerment and gender equality. However, targeted gender analysis should be underlined in the HRBA as well, in order to understand better, and address the pervasive nature of gender based discrimination.17 Both gender mainstreaming and HRBA focus on outcomes and processes, point out the impact of development activities on specific groups, and emphasise the importance of empowerment and participation in decision making. Furthermore, both approaches rely on an analytical framework that can be applied to all development activities and at all stages, to include the design, implementation, monitoring and evaluation of policies and programmes. Overall, mainstreaming gender and human rights in local governance contributes to a process of people centred development, enforcing the principles of equality and non-discrimination, inclusive participation and accountability, aiming at equal empowerment of men and women to make their own development choices. 18

Human Rights and Local Development As highlighted in the chapter above, the principle human rights obligation rest on states. Governments at the central level act as the principal duty-bearer with regards to ensuring that the international obligations taken over by signing/ratifying the international human rights treaties are transferred into the national legal framework and practice. Similarly, the monitoring by the treaty bodies, established for all core human rights treaties, has mostly focused on monitoring and analysing the protection and promotion of human rights by the central level, and recommendations of such bodies rarely touch on the responsibilities of lower levels of governments. However, human rights obligations taken over at the state level apply to all agents of the state at all levels, including the local or municipal level. In short, the potential role of human rights in local development can be seen as: Defining benchmarks and starting points for local development; Bringing a set of principles, norms and standards as guidance for analysis and reform of local

administration; Strengthening accountability frameworks by analysing the actions and omission of duty-bearers

against minimum norms and standards; Defining and deepening meaningful, inclusive participation; Guiding capacity development of rights-holders with regards to empowerment and giving specific focus

to discriminated, disadvantaged and marginalised groups of the local population; Guiding capacity building of duty-bearers to improve performance in their role of respecting,

protecting and fulfilling human rights; Introducing a more balanced and holistic view to local development concepts by giving a stronger

attention to political, social and cultural sectors.

Some Practical Considerations

17 See also: UNDP: Quick Entry points to Women`s Empowerment and Gender Equality in Democratic Governance Clusters, 2007, 8-9. 18 Compare: Frequently Asked Questions on a HRBA to Development Cooperation, OHCHR, 2006. Local Govern Local Governance, Human Rights Based Approach and Gender Mainstreaming in the Context of Europe and the CIS (www: http://hrba.undp.sk / introduction).

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However, several practical difficulties, sometimes obstacles, arise when looking at or analysing the human rights performance of local governments. It is often simply unclear how a certain human rights norm should be applied at the local level and what specific obligations it entails for local governments. This is again due to the fact that human rights interpretation so far has mainly been focusing on the central level. Thus, guidance is often scarce and projects or development programming, when aiming to apply a ‘human rights lens’ at the local level, in absence of clear standards, have no choice but to engage in a sort of ‘standard setting’ with a view to further concretize the meaning of human rights in a given setting. For example, how to define benchmarks for quality, availability and accessibility of healthcare or education at the local level? Governments at the local level are dependent on the higher level government, in relation to the legal framework in which they operate (and which defines the scope of their responsibility and action), as well as in reference to transfers and provision of financial and other resources. Both are key determinants for taking up concrete human rights obligations. Therefore, the application of a human rights perspective in local development, and the analysis of local human rights obligations always need to take into account a critical assessment of the roles and responsibilities, action and omission of higher government tiers as well, in order to identify the actual duty-bearer and the scale of actual local responsibility. This also points to the need to clearly distinguish between ‘inability’ and factual constraints from ‘unwillingness’ on the side of local governments, as well as to involve all relevant layers of duty-bearers in the programmatic approach, so as to have a human rights impact. Local development is a complex process of change that leaves little room for dogmatism and heavy conceptual research. In the end, all methodologies applied must, in principle and over time, be transferable to local partners. Thus, one of the key challenges in applying a human rights perspective to local development relates to paying adequate attention to core human rights standards and principles, while, at the same time, avoiding an analytical deadlock of too complex and multilayered human rights analysis. Consequently, it is necessary to balance constantly the concerns for analysis with concerns for the process and the outcomes for local communities. While the HRBA in local development is based on the analysis of the human rights situation, it must not stop at this level, but rather seek to develop strategies for addressing capacity deficiencies on the side of duty-bearers and rights-holders alike. This may, however, prove difficult, since lacking capacities are not only related to skills and knowledge about human rights. Given that there are significant generic capacity gaps at the local level (related to the whole policy and project cycle management process), human rights related capacity development needs to be embedded in wider capacity development strategies. Furthermore, a targeted assessment of those excluded and marginalised, followed by the development of their capacities to participate, is not always sufficient to effectively counter ‘elite capture’. Local development processes often rely on ‘local champions’ who do not represent the most disadvantaged at all times and adequately, as they are generally part of the ‘elite’. This calls for constant awareness. The HRBA emphasises capacity development on the side of rights-bearers and duty-holders that operates in support of human rights compliance and moves away from the traditional human rights focus on ‘naming and shaming’. This is consistent with the fact that the HRBA in development, including the local level, simply requires committed partnerships with duty-bearers and rights-holders alike. Often and in practical terms insufficient data is available to qualify situations of non-fulfilment of human rights as ‘violations’. Thus, it is important at the outset to clarify that, in principle, the HRBA and human rights

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analysis takes the role of deepening established ways of local development analysis, aiming at better mapping of sectors, identifying vulnerabilities and as guidance for later prioritisation and resource allocation. While development projects should not assume the role of courts of law, pointing to clear-cut human rights violations as such may still at times be the only way forward. However, a risk remains that this might also have an adverse effect on building partnership, trust and constructive working environment, which projects need to operate in.

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B. LOCAL DEVELOPMENT AND RIGHTS-BASED MUNICIPAL DEVELOPMENT PROGRAMME IN BiH

1. Local Development in Bosnia and Herzegovina – Issues and Key Challenges Bosnia and Herzegovina is a lower-middle-income country that continues to face a difficult development path characterised by a dual transition to a functional market economy, alongside a process of peace consolidation and state building. Despite significant progress achieved over the last decade and advances in the European Union accession process as the main government policy agenda, key reforms still prove difficult to implement due to the complex constitutional framework and fractured politics. The existing multilayered and disarticulated administrative system also impacts on the functioning of local governments that continue to face many challenges, ranging from fiscal to administrative and operational. The legal framework and fiscal arrangements vary between the two entities - the Republika Srpska (RS) and the Federation of Bosnia and Herzegovina (FBiH) - and in the latter, between the subordinate cantons. Although being the layer of government closest to the citizens and entrusted with the principle responsibility of ensuring effective and equitable public service delivery at the local level, municipalities and cities in BiH function with very limited fiscal autonomy. Their financial capabilities are not in line with their responsibilities, while there is no effective system of horizontal fiscal equalisation. This not only results in a fragmentation of competencies and accountability, but it also has adverse consequences on public service delivery. In this regard, local government capacities and resources display great geographical variance, and as shown by UNDP research, municipal budgets per capita can vary by as much as 500% and welfare obligations can go unmet in poorer municipalities.19 When it comes to day-to-day operation of local administrations, despite noted progress, a number of daunting challenges to good local governance and local development persist. Policy and planning capacities of many local governments remain limited, with most lacking the skills to lead the local development process. Moreover, local development is still largely construed in terms of a narrow LED agenda, while the integration of such efforts with other areas of activity and the drawing of synergies with wider social and community objectives is rare. Additionally, LED measures are often highly constrained by limited resources, driven by weak fiscal equalisation and a cap on municipal borrowing. Approaches to planning are also highly dependent on donor inputs, which weaken local commitment, ownership and sustainability. Although a majority of local governments in BiH have now received assistance in designing and operating such mechanisms, systems are poorly bedded-in and professional capacities remain weak. Translation of strategic goals into concrete projects and action plans, as well as direct connections to the municipal budget cycle is especially lacking. Further to this, there is a general weakness in the ancillary skills to support planning and implementation of development projects – in accountancy, human resource management and legal services. Due to these skill deficits and managerial weaknesses, municipal capacity to absorb forthcoming EU funding is insufficient. The quality of local development practice is also compromised by the lack of regard given to data capture and analysis. Inadequacy of local information resources is in part the product of a wider national deficiency

19 See UNDP NHDR 2006.

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(the absence of a recent population census and an inadequate national statistical system), and local practice that views planning as an incremental and ad hoc exercise. BiH municipalities tend to lack a modern understanding of the role and function of local governance. Organisational cultures are provider and delivery focused. Wider perspectives, such as those of community leadership, whereby local governments act as an adjutant and advocate within their communities, and enabling the practice of facilitating and commissioning delivery, as opposed to directly providing are either weak or non-existent. Municipalities lack experience and know-how in the application of alternative delivery approaches, such as inter-municipal cooperation, public-private partnerships, and sub-contracting. Cooperation with local socio-economic actors remains sporadic and lacks structure. Public engagement is generally limited, participation is seldom meaningful, decisions often fail to reflect real needs, while local government officials are largely mistrusted. Engagement of the local business community, as well as participation of the most marginalised population groups prove particularly challenging. Moreover, there is limited external scrutiny of decisions or local administration. To discharge these functions effectively, local civil society organisations must enjoy both public legitimacy and the recognition. Underpinning these attributes is the environment in which CSOs operate, understandings of their role, function, and importance (on both sides), their resource base (in terms of finance and personnel), their representation and governance arrangements (how they are constituted and regulated), and their accountability. Weaknesses in these domains have limited the quality of local civil society in BiH. Firstly, many organisations have adopted a business model, delivering services often to the official sector, including municipalities, and thus raising questions about their impartiality. Secondly, political and other sectional interests often dominate local groups, which can serve to undermine their legitimacy and permit official sector agencies to limit the recognition offered to the sector as a whole. Finally, many small CSOs simply face a binding and chronic resource constraint.

2. Rights-Based Municipal Development Program (RMAP) in a Nutshell This part has a twofold purpose. Firstly, to provide a condensed overview of the RMAP programme as a means of introduction to the core components, and secondly, to state a couple of principal conceptual and programmatic considerations, which were driving the application of a HRBA within RMAP approach. (In the next chapter of the Primer, the entry points of the HRBA within the flow of planning and implementation process will be described in more detail.)

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Box 4 - RMAP – Evolution of the Programme 2002-2004 - Rights-Based Municipal Assessment Project

RMAP was initiated in 2002 by UNDP Bosnia and Herzegovina (BiH) in partnership with the Office of High Commissioner for Human Rights (OHCHR) and the BiH Ministry for Human Rights and Refugees (MHRR). The project originated from a concern that grassroots human rights information was either undocumented or publicly undisclosed, thereby inhibiting action to effectively overcome problems faced by vulnerable groups. This project phase was mainly concerned with human rights assessment and monitoring at the local level, covering 21 BiH municipalities during a period of two years. As results of this phase, the Consolidated Municipal Assessment Report, highlighting common trends and crucial shortcomings, as well as 21 individual Municipal Assessment Reports were published, providing a critical and detailed overview of the human rights and development situation in BiH. Furthermore, an innovative and fully fledged Methodology for rights-based assessment and analysis was developed and promoted. 2004-2006 - Rights-Based Municipal Assessment and Planning Project

By using the assessment reports as a basis and in order to assist national stakeholders to actively address the identified development and HR shortcomings, RMAP was extended to include a planning component in 2004. The objective of this project phase was to initiate a participatory municipal development planning process that would assist municipalities in effectively using their often scarce resources for projects and measures addressing the most urgent concerns and needs of local population. By the end of 2005, RMAP had facilitated the creation of 13 local rights-based development strategies in municipalities. 2006-2008 - Rights-Based Municipal Development Programme

In November 2005, UNDP conducted a survey to find that 50% of BiH municipalities had not developed any local development strategies to systematically address local needs and improve municipal performance. Among municipalities with valid strategies, there were serious shortcomings regarding implementation and follow up, as just a half of them had developed operational action plans and set up formal structures tasked with strategy implementation. Moreover, only 24% of municipalities that completed the development planning process had enacted financial plans for strategy implementation, while only 11% of municipalities stated that they had adequate financial resources at their disposal to implement their plans. The majority of municipalities pointed to their lack of skills related to basic policy development, planning and project cycle management. The survey indicated a need for a comprehensive and multi-sectoral approach to local development in BiH, including targeted technical assistance for building capacities that would enable municipalities to act as agents of change, actively contributing to the development of their communities. There was further evidence from other researches, that despite overall growth, inequality in BiH was still rising, with the poorest and most marginalised segments of the population being further sidelined. This only further emphasised the need to focus on poverty reduction and vulnerability analysis. Pursuant to these findings, and based on mid-term evaluation recommendations, the UNDP BiH, in consultations with partners, further expanded the RMAP framework, sharpened its local development focus through a comprehensive and targeted three-phased approach to local development. In its last programmatic phase, RMAP consisted of three interrelated components: (i) assessment and planning, (ii) implementation, and (iii) policy development, with capacity building of municipal and other stakeholders as a cross-cutting activity. In this phase, RMAP worked in partnership with 17 BiH municipalities, based on the expression of interest of 82 BiH municipalities.

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Adjusting and Tailoring the HRBA within RMAP

In its last programmatic phase, RMAP was initiated and designed to pioneer and test out a methodology for applying the HRBA to local development in BiH. The long-term goal of RMAP was to use the HRBA to address inequitable development and patterns of exclusion at the local level.

The programme was developed around three interrelated components: (i) assessment and planning, (ii) implementation, and (iii) policy development / knowledge sharing, with capacity building of municipal and other stakeholders as a cross-cutting activity. The last programmatic phase expanded the initial focus on assessment and planning with other components and was based on a couple of key insights that the RMAP team took from previous programmatic phases. Below are some of the aspects and experiences that influenced the adaptation of the RMAP approach. Necessity to simplify and tailor the application of the HRBA to programmatic framework and the country

context The initially developed methodology, while technically sound, was simply too complex and multilayered to be fully applied by staff as well as by local partners. As such, it posed serious questions with regards to transferability and sustainability of the approach. Thus, there was a need for a more pragmatic application, also with a view to respond to overall municipal development needs. While the focus of the initial RMAP programmatic phase was on assessment and monitoring of the local human rights situation, the focus of the subsequent phases shifted towards using the HRBA within a local planning and strategising process. This emphasis on local development planning posed a couple of difficult conceptual questions to the RMAP team. In this regard, RMAP tried to avoid ‘reinventing the wheel’ and used the HRBA as a discrete but complementary framework. It sought to apply the HRBA within the local development planning by building firmly on established good practices and on methods used widely in community development and local economic development. These methods follow a cyclic model of five stages from preparation, assessment, planning to implementation and review. In other words, RMAP tried to put on a ‘human rights lens’ and analyse the objectives, structures, processes and results of a LED and community development planning, with a view to deepen, amend, change and widen the approach, as well as, at the same time to keep and adopt whatever was already well-functioning or where a human rights perspective simply had nothing to add. Need to ensure proper tailoring of the approach for staff and partners In addition and from a human rights-based perspective, focus was placed on creating processes and related forums which would give concrete meaning to the principles of the HRBA (inclusive participation, accountability, non-discrimination). Finally, the programme engaged in the methodology revision, by developing more simplified and operational tools and guidance. Apart from standard data collection, specific tools and checklists were developed to assess the baseline situation in the sectors of local governance, education, health care and social protection. These checklists were looking at the sectors from the perspective of respect, protection and fulfilment or non-fulfilment of human rights (http://www.rmap.undp.ba/upload/sc/checklist%20education.pdf) Strengthening practical capacity development in order to overcome lacking capacities on various fronts This was led by practical considerations as lacking capacities for policy, planning and project implementation were and are still often a major obstacle for local partners to play a more active role and

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effectively lead local development processes. Simultaneously, this was inspired by the HRBA and the need to distinguish between ‘unwillingness’ and a simple ‘lack of capacities’ with regards to addressing human rights shortcomings and improving the non-fulfilment of rights. Linking planning with implementation and moving after the completion of the participatory planning

exercise to concrete change on the ground Seed funding for local project development and implementation was in this regard the avenue chosen. A new RMAP component was introduced with a view to show to local partners that their engagement and joint work on the strategic document actually results in concrete activities and projects with regards to most pressing issues. Need to strengthen discussions and knowledge-sharing on the HRBA at the local level in BiH and wider While the local implementation remained the key objective of the programme, from a long-term perspective it was necessary to scale-up discussions on the HRBA application at the municipal level to the wider BiH level, as well as to engage in regional and global exchanges.

RMAP Approach in Brief

Based on the lessons learned from previous programmatic phases and taking into account the programme framework and the country context, the RMAP approach, in a nutshell, combined a human rights-based perspective with more standard approaches to local development planning by seeking to indentify the entry points where the HRBA would add value. The HRBA was thus understood as a complementary framework with a view on the one hand to deepen and broaden the analysis of local needs, potentials and service planning, and on the other, to identify and counterbalance exclusion, inequality discrimination and the lack of accountability for development. Consequently, local economic development (LED) analysis was taken as an important and integral part of the RMAP process. However, by integrating human rights principles and references to human rights norms with more standard approaches to local development assessment, RMAP created an innovative and effective methodology to address both local development and human rights deficiencies. By ensuring that minorities, vulnerable and socially excluded groups also have a voice and a say in shaping the development of their communities, RMAP was aiming to give concrete meaning to the human rights principles of inclusion, participation, equality and non-discrimination.

Entry points for mainstreaming gender equality within the RMAP approach

With regard to women’s empowerment and gender equality, several entry points were identified and pursued during the project roll out. In the course of data collection and during the process of community assessment, RMAP provided tools for sex-disaggregated and gender sensitive data collection, these data were subsequently included in the rights-based community profiles and provided a basis for the planning process and the drafting of the local development plans. Through the establishment of participatory planning bodies (Municipal Development Teams, Partnership Groups) as well as in particular through focus group discussions with identified marginalised groups of men and women, RMAP promoted the equality of men and women in their access to and control over resources and benefits of development. Such fora provided also room to map and analyse discrimination, including gender based and the existing gender related bottlenecks in service delivery.

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Special attention was further paid to ensure the equal participation of women in such meetings and discussions, and also in capacity building activities and throughout the whole flow of the planning and decision-making process. Capacity building initiative also included components on human rights and gender and, where applicable, reference to CEDAW. Thirdly and with regards to project identification, design, selection and implementation, the RMAP Implementation Manual (see link below) include references to gender equality criteria in various stages as well as in final project rating checklists, thus systematically enabling gender equality to guide and impact project selection. Finally, a number of local projects supported by RMAP in the partner municipalities directly addressed the identified shortcomings in women’s enjoyment of human rights, including also marginalised women.

RMAP focused on facilitating the creation of broad local development plans, which encompass the sectors of economic development, public administration as well as health care, education, social security, environmental protection and occasionally sports and culture. By doing so, RMAP was also addressing a critical development gap as a service provider that facilitated a participatory and multi-sectoral approach to municipal development planning in BiH.

While the existing LED strategies commonly focus on the involvement of the private and public sectors, RMAP was aiming at a more inclusive, non-discriminatory community-based development planning, which targets the entire community with an additional emphasis on including the most vulnerable groups in the decision-making process. The very process of creating the municipal development strategies was designed to allow for the broad participation of the local population, thus encouraging reconciliation, building of trust, sustainable partnerships, and capacity building of the participants. The process resulted in multi-sectoral, multiyear local development strategies, which defined the vision, development goals, specific objectives and concrete project interventions for the municipality.

Overview of the RMAP Planning Process

The planning process begins with the signing of a Memorandum of Understanding between UNDP and the Mayor of a partner municipality, defining the mutual tasks and responsibilities. The entire process is carried out by planning bodies, to include the Municipal Development Team (MDT) and Partnership Group (PG), which consists of thematic Working Groups (WG), while Focus Groups (FG) are created as ad hoc bodies. Their overall purpose is to ensure inclusive and active participation throughout the process, which finally leads to the adoption of the rights-based municipal strategy at the Municipal Council / Assembly session. The role of the RMAP teams is to facilitate and moderate the development planning process, provide expert support and encourage all stakeholders to work together towards the creation of a comprehensive municipal strategy. Development priorities are decided at the Partnership Group (PG) meetings through a consensus-based voting process of all members, so that the PG reaches agreement for each of the crucial elements of the development strategy, including the prioritisation of project ideas for the strategy operational plans. Throughout the planning component, RMAP also provides technical assistance and capacity development support. All workshops are embedded in the actual planning cycle, conducted by applying a learning-by-doing approach and targeted towards specific project partners.

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Overview of the RMAP Implementation Component

The main objectives under the implementation component were to enable transparent and relevant priority projects selection and implementation and to increase project cycle management and monitoring skills and mechanisms in partner municipalities. As municipal budgets are limited, donor support for the implementation of development projects is often crucial. However, RMAP was keen not to provide its seed funds – in the amount of USD 30,000-50,000 per partner municipality - as a charity, but based on joint prioritisation and mutual commitment. In this regard, apart from making human resources available and working with the project structures, co-financing by the municipality on every agreed project with a minimum 20% of direct project costs was required. Adoption of the finalised rights-based municipal development strategies by respective Municipal Council/Assembly was a precondition for inclusion of partner municipalities in the RMAP implementation phase. Taking the rights-based local strategies and their respective annual action plans as a basis, priority projects relevant for improving enjoyment of human rights are identified and selected for implementation with the support of UNDP RMAP. A local Steering Committee (SC) takes the lead in the process regarding selection of projects from the adopted strategies, supported by the MDT, established in the planning phase with regards to project proposal preparation. Projects, once approved, were managed by local project managers appointed by the MDT, guided and monitored by the RMAP team. Throughout the implementation component, RMAP also provides technical assistance and capacity development support. All workshops are embedded in the actual implementation process, by applying a learning-by-doing approach and targeted towards specific stakeholders.

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RMAP Capacity Building for Local Planning, Project Formulation and Implementation

Within the baseline survey performed by RMAP (November 2005), municipalities underlined an overall lack of skills and knowledge on basic policy development, strategic planning and project cycle management. In response to this, RMAP developed a tailored, crosscutting capacity building agenda with a view to increase capacities for local assessment, planning, project formulation and implementation. Training and capacity building measures were provided to key stakeholders throughout the assessment, planning and implementation process in the form of small workshops / training sessions, mainly held by RMAP field staff on key elements and steps of each process phase. The underlining idea was to establish a close link between training and immediate application in the process, in order to effectively increase the capacities of local stakeholders to effectively take the lead in each process phase.

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Target groups varied according to respective steps of the assessment, planning and implementation process, but include key members of the planning bodies (Municipal Development Teams, Partnership Groups), as well as of CSOs and citizens. Under the RMAP implementation component, target groups encompass the members of the local Steering Committee, local project managers and the selected implementing partners (municipal administration, public institutions and CSOs). An additional focus was given to capacity building of focus group members (vulnerable groups) in order to increase their active involvement in the assessment phase and in the identification of problem areas as well as their capacities to fully understand and participate in the strategy development itself. Training areas and topics Under both RMAP components (assessment / development planning and implementation), the capacity building activities were organised within four workshops, which included case work and the use of peer review technique. Training areas and topics

Data collection & assessment for local development planning, drafting of rights-based community profiles

Project identification and selection

SWOT analysis and defining of strategies Project proposal preparation and evaluation

Defining vision and development goals Project cycle management

Defining objectives, programmes and projects Procurement and financial management, monitoring, evaluation and reporting

While these training sessions were mainly targeting a lack of technical skills and know-how, the introductory workshops introduced targeted sessions on human rights, the meaning, application and principles of the HRBA, as well as specifically related to gender. Within the implementation process and the Implementation Manual, a simplified HR checklist, also incorporating gender equality criteria, was included and used for project design and evaluation. Gender elements, where appropriate, were mainstreamed throughout the Implementation Manual and subsequently the implementation flow. (See the RMAP Implementation Manual at: http://www.rmap.undp.ba/Upload/SC/Implementation%20Manual.pdf).

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P.A.N.E.L:

The P.A.N.E.L acronym can serve as a quick reminder of relevant human rights principles to keep in mind in development planning:

P Participation & inclusion

A Accountability and the rule of law

N Non-discrimination

E Empowerment

L Linkage to the normative human rights framework

Note: PANEL was initially developed by the UN HURIST program. There are various other, similar groupings of the core principles of the HRBA.

C. HUMAN RIGHTS LENS ON LOCAL DEVELOPMENT PLANNING / RMAP APPROACH

As mentioned above, the processes of local development, while complex and multifaceted, are widely standardised, and based on established best practices which, regardless of differing underlying principles or concepts, use to the widest extent similar means, approaches and mechanisms. The remainder of this chapter explains in more detail how RMAP applied the principles of the HRBA, focusing in turn on each of the five steps of devising a local development plan, and highlighting the added value of the human rights-based approach that RMAP adopted. The chapter is structured as to briefly introduce each planning stage with its core steps, identify and assess the entry points of the HRBA (by using the so-called PANEL principles), and eventually note the specific adjustments and tailoring introduced through RMAP.

1. Some Guidance from the P.A.N.E.L Principles Framework

One of the previous chapters (Box 3) introduces and describes the key principles on which the HRBA rests. These are: universality; indivisibility; interdependence and interrelatedness of human rights, as well as equality and non-discrimination, participation and inclusion, accountability and rule of law. While all principles are equally relevant, from a programmatic perspective the principles of equality and non-discrimination, participation and inclusion, accountability and rule of law take a specific role. Initially developed within the UN HURIST framework, the so called P.A.N.E.L principles (participation, accountability, non-discrimination, empowerment and linkages to human rights standards) aim to encapsulate these principles in a formula. While there is a variety of ways to capture the HRBA, the PANEL framework stands out for its combination of being simple and easy to communicate, but also sufficiently comprehensive, which makes it handy for use within local development. When the RMAP approach and methodology was developed, the team was referring to the PANEL framework as a conceptual guidance to identify the entry points for a human rights perspective with regards to a standardised local planning process.

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PANEL Principles What is demanded by the HRBA? / Key conceptual entry points…

Participation

Participation as a means and as an end within local development processes, highlighting the dual purpose of participation for local development;

Participation as a right: adding a quality element and requesting the design of meaningful and inclusive participatory processes, with a focus on how to bring also the more vulnerable individuals and groups into an assessment and planning process;

Transparency and accessibility: All processes and (newly created) bodies, or institutions should be transparent and accessible;

Accountability & rule of law

The normative nature of human rights requires the identification of claim-holders and duty-bearers and rights and corresponding duties; Human rights obligations, as positive (protect, promote, fulfill) and as negative obligations (respect/ abstain) structure, guide and help to deepen local development analysis;

The legal dimension of human rights stresses the importance of law and transparent procedures. (In particular, any actions resulting in limitation or infringement on human rights need to be based on law and properly justified.)

The effects of development activities on human rights have to be assessed (pointing towards human rights impact assessments);

Development activities should aim to support mechanisms to enhance accountability and mechanisms of redress for violations of human rights;

Non-discrimination & focus on vulnerability

Equality and equal dignity of all as the starting point: Non-discrimination is the red thread running through all processes and stages;

The identification of discrimination and the protection of vulnerable groups of women and men has to be given priority; a specific focus should be given to the ‘vulnerability and marginalisation’ of women and men in all stages;

Disaggregation of data collected;

Ensure attention to a gender perspective, gender analysis and the ‘feminisation’ of poverty;

Empowerment

Normative nature of rights: where there is a right there is a corresponding duty (to respect/ protect/ fulfill); problems identified need to be linked to rights; rights to duties and the respective duty-holders;

Services not charity – a view of (local) government as service provider for human rights;

The empowerment principle of the HRBA specifically includes the empowerment of women and the commitment to strengthen women’s capacities to equal access to resources and opportunities and to address pro-actively any existing backlog of discrimination against women.

A constructive approach: thorough analysis needed to identify ways to enhance and contribute to the capacity development of both, rights-holders and duty-bearers.20

20 The Stamford Common Understanding also stresses the empowerment and capacity building. (Programmes of development cooperation should contribute to the development of the capacities of ‘duty-bearers’ to meet their obligations and of ‘rights-holders’ to claim their rights (ST-3).

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Linkages to the norms and standards of the human rights framework21

As a basis, all HRBAs rest on the assumption of a constitutive (goals, scope & intrinsic value) and instrumental (analysis, methods, tools) value of HR for development and that all HR – civil, cultural, economic, political social – are relevant and interrelated.)

Take human rights obligations and direct guidance of human rights norms and standards (if available) into account and included in analysis, planning and target setting;22

HR to characterise the goals and the scope of local development: Analysis and planning of local development needs to look at multiple aspects relevant for the quality of life and HR enjoyment at the local level. This points towards a multi-sectoral approach, including specific attention to (the right to) health, education, housing and social protection, as well as political and cultural sectors. Human rights are not only relevant as legal norms, but there are political and ethical dimensions of human rights relevant to guide local development;

Human rights offer tools and methods of analysis that help to deepen standard approaches to local development (e.g. the four ‘A’); this applies in particular to social sectors.

Capacity development on human rights for all officials and public representatives involved: raising awareness on human rights and showing concrete practical value of integrating human rights in local development is important and needed to foster the approach and get ownership.

21 Similarly, the Stamford Common Understanding underlines the role of the normative human rights framework, as well as of human rights principles: All programmes of development cooperation, policies and technical assistance should further the realization of human rights as laid down in the UDHR and other international human rights instruments. (ST-1). Human rights standards contained in, and principles derived from, the UDHR and other international human rights instruments guide all development cooperation and programming in all sectors and all phases of the programming process and development cooperation. (ST-2) 22 However, as flagged above such direct guidance is often scarce at the local level. Further, a balance needs to be struck between analysis and process. The wider the field to be looked at, the more danger there is to end up in a so-called ‘analytical deadlock’ of multiple human rights analysis from multiple sources. This also points towards a certain caution with a too dogmatic approach. A thorough conceptual attitude to applying the human rights principles of equality and non-discrimination; participation; accountability in all stages might be a way out in such situations.

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2. Local Development Planning Process

Preparation Stage: Organising Local Development Planning

Ensuring political commitment Before kicking off the process that will involve considerable resources on all sides, it is pertinent to achieve consensus with senior municipal leadership about the core parameters and steps of the process, and to formalise the partnership, by stipulating expected outputs and responsibilities of the municipality and the implementing agency in a form of an agreement. This should include both the executive and legislative side.

This is a key phase for applying the HRBA to local development planning. Selection of partner municipalities needs to be based on actual commitment and willingness on their side to engage in such a process, in order to avoid later problems of dealing with unwillingness or even obstruction. In its latest programmatic phase (2006-2008), RMAP was using the means of a competitive call for expression of interest and received more than 80 applications, while able to service only 15 municipalities. Although based on consent and interest to apply the HRBA, the level of interest has also to be seen against

The process of local development planning regularly follows a five stage process. Below are process steps as applied within RMAP.

Preparation Stage: Organising local development planning

Ensuring political commitment

Organisation of the process: assigning roles/ institutional setup

Identifying, analysing and mobilising stakeholders

Assessment & Analysis Stage: Community assessment / community profile

Identifying the data needed/ checking secondary data availability and gaps, determining which data to collect, collecting additional data

Analysing data and producing a community assessment from the available data

Planning Stage: Developing the strategy and operational plans

Analysis of internal and external factors through SWOT and identification of critical issues (main obstacles/ main potentials/ drivers);

Creating a development vision

Defining strategic / development goals

Defining objectives (SMART)

Defining programmes and projects

Prioritising development interventions

Developing an annual action plan and financial plan for strategy implementation

Implementation Stage: Implementing the plan / implementing projects

Preparing annual action plans / updating the annual action plan

Organisation of the implementation process

Prioritising development interventions / projects

Project selection and project development

Managing the project implementation

Monitoring and Evaluation of strategies / projects Monitoring project implementation

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the background of an overall lack of technical assistance and expertise, as more than 50% of BiH municipalities had not managed to come up with any strategy at all. This stage also needs to include a set of communications about the methodology, the HRBA and the role of human rights in (local) development in the form of orientation meetings with senior municipal management and short concise communications on methodology, the project, objectives, goals and expected outcomes. It is important to keep this at a rather simple and understandable level and focus on the value added of applying the HRBA at the local level. Again, using the content guidance of PANEL principles - highlighting the innovative approach to participation, inclusion and empowerment - is helpful in this regard. Applying the HRBA as a complementary framework requests at the same time from the project to ensure that at the end of the process, the outcome is a valid and implementable local development strategy fulfilling basic requirements of local development planning and not only of HRBA. The overall high analytical quality of RMAP development strategies was used as one of the winning arguments as well. In any process of local development planning, the first contact point in the phase of creation of organisational structures is the Mayor. He/she is the key person with whom the process of strategy development has to be agreed, who has to initiate the process and present it to the Municipal Council / Assembly, which has to approve the process and resources needed. The success of the process of strategy development depends heavily on the level of the Mayor’s support and involvement. The Mayor must understand that he/she has to take a leading role in the process and, if the rest of the community is not continuously aware of his leadership and commitment to the process, the entire process could be perceived as unimportant and undeserving of their active participation and attention. Therefore, the Mayor’s role and responsibilities should be: to understand the approach and its principles and values; to ensure easy access and ‘open doors’ to all his/her associates involved in the process, RMAP team

members, major stakeholders and the media; to participate in all major gatherings during the strategy development; to provide necessary support and approve necessary resources; to chair the core group meetings (Partnership Group); to organise weekly briefings with the Municipal Development Team (MDT) in order to be informed

about progress and issues related to strategy development; to promote the project and the use of the HRBA continuously through the local media and through

contact with relevant local institutions, organisations and groups. Within RMAP, once the political consent is obtained, a Memorandum of Understanding (MoU) is signed between the Mayor and UNDP. The MoU specifies in detail UNDP and Municipality’s roles and responsibilities with regard to local development planning.

Identifying, analysing and mobilising stakeholders Before starting with data collection and community assessment, facilitators of the local planning process should identify and assess stakeholders. Selection and assessment of stakeholders must ensure that all relevant groups and segments of population are represented in the process in a balanced way. The main principles that should be respected and balanced are: (i) inclusiveness – all groups and segments of population are included and (ii) relevance – only relevant stakeholders who have significant interest in the process should be included. It is neither practical nor necessary to engage all identified stakeholder groups with equal intensity throughout the whole process.

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From a sustainable development perspective, but even more from a HRBA perspective, this is a key determining phase, since it: determines the overall level of community participation in the process; strongly influences the level of inclusion of marginalised groups of the population in the development

process; mobilises community human resources; establishes communication between different groups within the community; and determines the quality and outputs of the process, making it dependent on the skills, knowledge and

ability of different participants to contribute to community development. The process of identification of stakeholders within RMAP was twofold: from one side it was necessary to identify duty-bearers, rights-holders and important stakeholders that can contribute to the process with their knowledge, skills and resources and, from the other, institutions / organisations, formal and informal groups and individuals who are representatives of various target groups. The first step was to create an extensive list of local institutions and organisations, formal and informal community groups and individuals. The second step related to the selection of stakeholders following clearly defined criteria and procedures, avoiding that local power elites and individuals are given the power to exclude certain groups and individuals from the participation in the process of strategy development.23 This step also involved a thorough analysis of stakeholders with regard to their interest to participate in the process and benefits they could gain from it, their capacities to participate and contribute to the process by adding value to it, their mutual relationships, existing communication patterns and power balance, optimal ways of their involvement in the process (formal / informal, direct / indirect, etc.). This analysis provided a basis for the selection of stakeholders as well as for the decision on where to place them in the organisational structure of the process (working groups, MDT, partnership group, focus groups, etc.) and for determining the role of participants in the process, the level of their involvement, the level of effort and expectations in terms of their contribution. While most of the steps of this process stage are similar to steps used in other standard approaches to local development planning, it is important to highlight that the application of the HRBA under RMAP brought in different objectives and sectors targeted as compared to e.g. a local economic development strategy process, and thus, required a different selection of participants / stakeholders to be involved in the process. Approaches applied in design of local economic development strategies focus on the involvement of private and public sectors, while the HRBA as applied within RMAP and covering a broad range of sectors, called for a more inclusive approach, especially when it comes to the groups of population whose voice is weak and whose interests, needs and rights are neglected and violated. Therefore, the part of the process related to identification, selection and organisation of the process of strategy development was of additional importance to RMAP compared to other projects/methodologies related to strategy development, reflecting the principles of inclusive participation, non-discrimination and vulnerability as well as of empowerment. Reflecting a broader perspective of the HRBA, RMAP emphasized the importance of identifying rights-holders and duty-bearers relevant to local development processes in a

23 There were many cases were Mayors or representatives of local administration requested some organisations and individuals to be excluded from the list of stakeholders. This also points to the relevance of getting full political and transparent commitment at the outset.

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given locality. Wherever feasible, RMAP was aiming at establishing an equal ratio and representation of women and men within all stakeholder groups. The third step related to mobilisation of stakeholders and getting their consent and commitment to participate in the process. This was done through meetings with the aim to explain to potential participants: the overall concept and the methodology, value added of the HRBA, in particular in terms of inclusive

participation and empowerment; a detailed timeframe of the process; expected goals and outcomes of the process; organisation and implementation modalities; the role of stakeholders, expected level of effort and stakeholders’ contributions.

Organisation of the process: assigning roles / institutional setup The broad community involvement in creation of development strategies usually requires establishment of new organisational structures and mechanisms to provide for full, active and meaningful participation of all stakeholders and their interaction and cooperation. These structures usually take a form of development councils, development teams, working groups, partnership groups, forums, etc. Organisation of the process also requires that local government informs and involves higher government levels into the process since the lack of resources at local level requires higher government level support in the implementation phase.

In close cooperation with the municipal leadership and on the basis of a Mayor’s decision, the RMAP team assisted in the establishment of a Municipal Development Team (MDT). The MDT identified and analysed stakeholders, as a basis for establishing of the Partnership Group (PG). Within RMAP, the Municipal Development Team (MDT) was an executive and coordination body in charge of leading the rights-based planning process at the municipal level. It provided logistics for the organisation of Partnership and Working Groups and gathered all relevant information needed for strategy development. It was also a communication channel with other municipal authorities (Municipal Council, Mayor, etc.) and in charge of the drafting process. The MDT generally consisted of up to ten municipal experts based upon the Mayor’s recommendation. However, it was important to ensure the participation of municipal legislative and executive power representatives, as well as civil society and business community representatives. MDT members were also members of the PG. The Partnership Group (PG) was created in partner municipalities as a mechanism to ensure participation of the broader public. Its goal was to articulate the needs and priorities of the community towards the municipal administration as well as to serve as a communication platform between local administration and population. The PG was initially set up by open invitation to a broad range of stakeholders at the municipal level and open for participation of all individuals and organisations interested in the process. It regularly consisted of 40 to 50 members-volunteers such as members and representatives of political parties, civil sector, business community, as well as representatives of identified marginalised groups of the population. It was important to ensure fair and equal representation of marginalized and vulnerable groups as well as gender balance within the PG.

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This body discussed and agreed on crucial elements of the strategy as they were completed throughout the process. Main elements endorsed by the PG included community assessment / rights-based community profile, SWOT analysis, vision, development goals and objectives, priority projects and action plan. At the same time, the PG provided advice and general guidance to the MDT and to the Working Groups dealing with specific sectoral issues. Beside these formal structures, which are typically used in the community development processes, RMAP made efforts to ensure that voice, needs and opinions of marginalised and vulnerable groups, who are not organised or able to participate in the process through above presented formal structures, are heard and taken into consideration in the process of strategy development. This was important to counterbalance elite capture and provide for different perspectives. The emphasis that human rights put on individuals, as well as the focus of the HRBA on empowerment, meaningful participation and equality, calls for greater attention to diversity and vulnerability than it is common with standard approaches to local development planning. This requires pro-activeness on the side of the respective facilitators to identify and approach these groups, find appropriate respectful ways to communicate with them, receive their feedback and make sure that their inputs are treated with equal consideration and care as inputs of other stakeholders. The RMAP thus further ensured that Focus Group (FG) discussions were conducted with the members of the most marginalised population, such as the Roma, rural population, children, persons with disabilities, returnees, the elderly, youth, etc. Although invited, they were often not able or, due to various reasons, not in a position to attend PG meetings. Therefore, their concerns and priorities were discussed in FGs and communicated to the MDT and PG members in order to ensure their participation and input throughout the process and as an effort to counterbalance possible capture of the process by the majority or more influential groups. Starting initially in the form of semi-structured group meetings, RMAP later refined its FG approach and developed a methodology for structured vulnerability assessment through focus group discussions, which provided further inputs to the subsequent planning process. In composition of focus groups, a particular emphasis was placed on equal representation of women and men. (See the FG methodology developed by RMAP at: http://www.rmap.undp.ba/Upload/SC/FG_vulnerability%20assessment.pdf).

HR Perspective on the Preparation Stage (Organising Local Development Planning)

P.A.N.E.L Principles Application / Gravities

Methods, tools, processes applied and introduced by RMAP

Ensuring political commitment

Linkages to the HR framework

Accountability

Non-discrimination

Empowerment

The HRBA and its added value communicated to municipal counterparts in simple terms, substantiated with concrete examples. Highlight: - the role of municipal governments as service providers

for protecting and promoting human rights - the constructive nature of HRBA (building capacities) - the outcome (participatory, multi sectoral community

development strategy, with inclusion of specific local poverty and vulnerability challenges)

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Identifying, analysing and mobilising stakeholders

Organisation of the process: assigning roles / institutional set-up

Inclusive participation

Non-discrimination

Empowerment

Accountability

Ensured wide and adequate representation of local communities, giving specific focus to inclusion of vulnerable and marginalised group. Focus on: - early identification and inclusion of vulnerable and

marginalised groups and their representatives in stakeholder identification;

- identification and counterbalancing of elite capture of participation.

Thorough institutional anchoring of the development planning process with the municipal administration and different interest groups, while seeking to ensure inclusion of vulnerable and marginalised groups in all created bodies and forums; - Additional forums and processes designed to capture

the needs and views of marginalised groups for the process (the RMAP focus group methodology). Project team facilitating communication flow and ensuring inclusion in debate and drafting.

- Transparent and accessible information flow ensured for and between all relevant groups and bodies (local media involvement and engagement in an open, public debate on the process, goals and the outcome).

Assessment and Analysis Stage: Community Assessment / Drafting a Community Profile

Identifying the data needed/ checking secondary data availability and gaps, determining which data to collect, collecting additional data.

Analysing data and producing a community assessment from the available data

A local development strategy must be based on accurate information on the present condition of the local community – otherwise it is likely to be irrelevant. This data will guide future actions and suggest which programme and project choices are most likely to be successful. The assessment should also look at the relationship between the community and its surroundings, and assess its position against national and international benchmarks. It identifies constraints, needs and challenges, but also the strengths, means and capacities present in the local community. The community assessment should also build public awareness for the challenges and potentials of the community, and motivate people to participate in the process. Development of a community profile starts with collection of available secondary data (statistical data) on historic and existing / current conditions in local community. Once these data are collected, it is necessary to interpret them in a way which would provide for description of trends and current situation in local community. If secondary data is insufficient for adequate description of a local community situation or for an in-depth analysis of certain sectors, than additional data should be collected through interviews, questionnaires, focus groups, public meetings or any other method for the collection of qualitative data, to complete the community profile.

The needed data is dependent on the scope of the development effort to a large extent. Factors to be considered include the level of detail and disaggregation that is needed, the difficulty of collecting this data

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and consequent costs (both in terms of time and money) of doing so, and the relevance and practical applicability of data with regard to local development planning process. As data collection is expensive and time-consuming, it is important to be aware of existing data. This should be determined through a preliminary assessment, taking into account all possible sources of data on the local area – including public, private sector and civil society sources, both in the area and beyond. When identifying data gaps, it is important to keep in mind the relation of costs and benefits of data collection– i.e. to consider how to use data, as well as its relevancy and applicability. Collecting data should be well planned, and part of this effort is to choose an intelligent mix of qualitative and quantitative data, between using available data and collecting new data. Professionalism and quality of local institutions are of great importance in any local development effort. This concerns municipal government as well as other service providers at the local level. However, proper institutional assessment related to the capacity and performance of local institutions is a complex and costly process, and with a participatory community development process, data collection on institutional capacities needs to find a balance between costs and relevance of data obtained.24 When it comes to the concrete RMAP experience, support is provided for collecting data relevant to assessment of local economy, including general demographic information, assessment of economic potentials, information about business environment, labour market and employment situation, the ‘hard’ infrastructure in the municipal area and the region, etc. However, for RMAP and the HRBA, the importance of data on the sectors of health, education and social protection, as well as on political participation and culture, considerably widened the scope compared with a standard local economic development approach. This also made it partially necessary to develop specific tools of data collection in the form of sectoral checklists reflecting human rights concerns and concrete operational guidance to staff and partners in data collection as well as analysis phase (see below for details). Few municipalities in Bosnia and Herzegovina do have development professionals on board, which undermines their capacity to analyse the community development status, organise and implement community development processes. Therefore, they need external assistance in all phases and steps of community development. Outside assistance through projects needs to consider how to sustain ownership, how local community capacities are brought to the level which will ensure that, once the international organisation assistance ceases, the community is capable of organising, implementing and managing the entire process by itself, with own resources. Therefore, the role of the RMAP team was twofold: (i) the role of a facilitator of the process, guiding the partner community through strategic planning process, enabling a smooth process flow and moving it forward, facilitating group processes for reaching consensus and decision making, as well as (ii) the role of trainers, transferring methodologies and tools for rights-based community development and increasing local community capacities to independently manage these processes in the future. This pointed towards the development of a capacity-building agenda, focusing on a full set of knowledge and skills needed for local assessment, planning, project formulation and implementation, and combining such training with increasing knowledge and understanding of human rights, gender equality and the HRBA in an integrated way. In order to assist in the process of data identification and collection from a human rights perspective, RMAP developed a set of specific tools which were used by the staff and partners within the responsibility

24 See, also e.g. Goga and Murphy 2006, 20ff.

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analysis as well as within the substantive analysis of different sectors of municipal development, in particular related to social sectors. Legal Background Papers: Human rights imply the existence of a party that is responsible for respecting, protecting and fulfilling them. The HRBA identifies, on the one hand, individuals and groups whose rights are compromised, and on the other, those who have responsibilities to respect, protect and fulfil these rights. In this regard, an eminent starting point is the applicable legal framework. Against this background, concise legal background papers were developed and used as a tool for assessing the development and human rights situation in the municipality and establishing accountability. A legal background paper, in the form of summary reference, provides general information on legislation, organisation and financing of a given sector (like health, education or social protection) and defines the responsibilities of different duty-bearers at relevant government levels, while giving focus to detailing the municipal responsibility. With these tools, RMAP also addressed the question of accountability in the process of planning in a wider sense by ensuring that its strategies did not incorporate projects and measures that are not within the municipal responsibility. Tools were also used as guidance to identify the respective duty-bearer at higher government levels for problems within municipalities. Besides establishing the principal line of accountability, they also served as a basis for identification of capacity gaps on the side of the duty-bearers, and to identify what could be done to address a lack of awareness and bridge capacity gaps. (http://www.rmap.undp.ba/?PID=3&RID=21). Rights-Based Checklists: A human rights perspective highlights the interrelatedness of economic, social, political, cultural development, and therefore requires a holistic and multi-sectoral approach to local development planning. While still viewing economic development as a core driver of local development, within the HRBA, matters of access to and quality of services in social sectors as well political representation become more prominent in principle terms. RMAP used the conceptual guidance developed within interpretation of the standards of the ICESCR as a framework to develop a mapping tool for assessing education, health and social protection sectors along the lines of accessibility, availability and quality (acceptability, adaptability), with non-discrimination featuring as a crosscutting concern. The rights-based checklists were used by RMAP to guide the staff and local partners on how to look at a given sector and ensure comprehensiveness of data collection by providing sector-specific targets, indicators, as well as flagging the methods of data collection. Developing and using these rights-based checklists served multiple purposes: first, to assess the level and scope of data needed; second, to guide the actual data collection and, finally, to structure analysis and reporting when drafting the rights-based community profile (http://www.rmap.undp.ba/?PID=3&RID=21). Eventually, the tools enabled the project to facilitate a multi-sectoral approach to local development analysis and planning. While standard methods and approaches were used for the local economic development analysis, the HRBA perspective was able to add specific value to mapping the sectors of education, health and social protection. Data and information collected and their analysis were a basis for development of community profile. Preparing the local community profile from the available data was usually done in a collaborative process, involving a team of experts and local stakeholder groups. Within the process facilitated by RMAP, the

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community profile represented a comprehensive, multi-sectoral and combined review of human rights and human development situation. Since the community profile was a fundamental document for further steps in strategy development, it was important that it represented an objective view of the situation in the community, as a well-founded basis for prioritisation within the subsequent planning process. The level of objectivity of the profile had a strong impact on the ease of reaching consensus among different stakeholders participating in the process of strategic development that would otherwise be dominated by numerous subjective perceptions on the present situation in the community. The community profile of partner municipalities was generally subdivided by sectors, following the structure of the targets of the rights-based checklists. Given its purpose of a basis for the planning process and the prioritisation of future actions, it was relevant, when drafting the profile, to pay attention not only to accuracy and proper verification of sources, but also to wording and nuanced use of language. With a view to make conclusions on the level of human rights enjoyment, the use of disproportionately strong language (e.g. ‘violation’) was avoided, unless there was a very high degree of certainty. Possible outcomes of the human rights assessment, as established and used by the project were: compliance, non-realisation (related to the obligation to fulfil), non-compliance as well as to state also if no clear conclusion was possible (due to e.g. a factual unclear situation or an unclear human rights evaluation). As a matter of principle, compliance should be positively highlighted in the profile. Issues of non-realisation should be included as problematic issues to be discussed and taken up in the planning phase and linked, where possible, to the obvious capacity gaps of respective duty-bearers. Clear cases of non-compliance by duty-bearers should be included, mentioning the position/ reasoning of duty-bearer, and suggestions for remedying / solving the issue. Non-compliance by higher levels of governments (as in BiH, cantons or entities) was highlighted as a basis for later taking it up within policy dialogue. Issues without clear conclusion should also be named, with a view to deepen their assessment in the planning process. Adopting such drafting principles was relevant for acceptance of the approach as well as for the final assessment. Eventually both, duty-bearers and rights-holders are partners in the process of local strategy development.

HR Perspective on the Assessment and Analysis Stage (Community Assessment / Drafting a Community Profile)

P.A.N.E.L Principles Application/ Gravities

Methods, tools, processes applied and introduced by RMAP

Identifying data needed / data availability & gaps, collecting data

Linkages to the HR framework

Accountability

Non-discrimination

Used the conceptual guidance of human rights (ESCR) analysis to widen and deepen the analysis of local development shortcomings and potentials;

Introduced accountability analysis in human rights terms, through identification of duty-bearers and their responsibilities for local development at different government levels;

Integrated a development and human rights perspective into:

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- the scope and ways of data collection, - the analysis of data, as well as - the design and provision of training and capacity

development for local partners (responding to multiple capacity gaps);

Used human rights as a mapping device related to specific sectors (health, education, social protection), through conceiving of relatively simple and easy to use ‘intermediary’ tools (legal background papers / rights-based checklists) by - defining and combining targets from a development and

human rights perspective, - defining indicators and methods of data collection, - keeping a focus on identifying exclusion and

discrimination (vulnerability);

Ensured the highest possible level of data disaggregation (by sex, age, ethnicity, employment status, geography, disability – in general: informed by grounds of discrimination outlined in human rights treaties);

Analysing data &

drafting a community

assessment

Linkages to the human rights framework

Accountability

Empowerment

Application of the tools assisted in: - getting out of analytical deadlock, - lessening the complexity of human rights analysis (for

non legal experts) - ensuring use and transferability of the methodology for

staff and partners;

Avoided unnecessary strong human rights language by highlighting issues of compliance, non-compliance or non-realisation as foundation for later prioritisation and a participatory planning process.

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Planning Stage: Developing the Rights-Based Local Development Strategy

The process of formulating a local development plan or strategy can be subdivided into following steps25: Analysis of internal and external factors and identification of critical issues (the main obstacles/

the main potentials/ drivers); Creating a development vision, strategic/ development goals, objectives, programmes and

projects; Developing plans for implementation (annual action plan & financial plan)

Once the community profile was developed, presented, discussed and accepted, the RMAP team assisted the partner municipality with organising a meeting of the PG with the aim to identify critical issues that will become the cornerstones on which the strategy development will be based. Identifying critical issues All local communities are faced with numerous problems and issues, but not all of them are critical nor can all of them be resolved by the local community. Identification of critical issues will determine the action that local community is going to undertake and will also determine how the local community is going to distribute and employ its resources. In short, critical issues are: (i) the main barriers that are holding back the local community human development and wider enjoyment of human rights; (ii) the main unrealised potentials and opportunities that might be used and pursued in the community. There is no formula or the ‘best’ way to select critical issues. Each community has its specificities and the magnitude and the size of issues is different from community to community. Beside limitations in resources, local communities are bound by legislation related to responsibility and authority. It is pertinent that issues for which the accountability lies within local administration are addressed. Although some issues have strong impact on local communities (i.e. privatisation), they might be far beyond their control, ability and authority. This is why within RMAP it was recommended to the PG to clearly distinguish among issues that can or cannot be addressed by the local community. For RMAP, it is of key significance to base the selection of critical issues on the findings of the community profile and avoid biased discussions. At the same time and from the perspective of the HRBA, this was a way to keep issues noted relevant from a human rights perspective, including non-discrimination and specific vulnerabilities in the discussion, and flag the interrelatedness of issues and sectors. This again put emphasis on facilitation and the need to balance giving direction with giving space to local ownership of the planning process without undue interference. Part of the active facilitation was to keep a balanced composition of the PG, to include local experts and ‘champions’, but also to ensure that representatives of vulnerable groups attend relevant meetings and provide their contribution to the process and its outcomes.

25 For principal description of the process in this chapter see also: Local Economic Development Primer: Developing and Implementing Local Economic Development Strategies and Action Plans, p. 4 (http://siteresources.worldbank.org/INTLED/423069-1099670772921/20738133/led_primer.pdf)

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The idea of minimum acceptable levels for the realisation of economic, social and cultural rights implies that local development efforts should focus on properly assessing and capturing the situation of the most vulnerable categories. Within RMAP, results from the structured vulnerability assessment through focus group discussions (as described above) also provided further inputs to issue identification and prioritisation, as well as to the later project identification stage. Once an extensive list of critical issues was created, each issue was analysed and described through development of issues statements, providing for specific, clear and understandable definition of an issue within the local context. Their identification required discussions among numerous community groups with different interests and different perceptions of priorities. This was the first step where strong consensus within local community had to be achieved. Further analysis of issues attempted to provide answers to the following questions: Who is involved in the issue? Who caused it? Who was or is presently responsible/ accountable for the

issue? (from the HRBA and RMAP perspective, this related to the identification of duty-bearers.) Who is affected by the issue? Which local geographical areas, which segments of population or groups

are affected the most? What number of people is affected by the issue? (from the HRBA and RMAP perspective, this entailed the identification of rights-holders and vulnerabilities.)

What are consequences of the failure to address the identified issue? Who will suffer the consequences? What are the benefits if the issue is resolved? How is that specific issue related to other issues? Once the issue statements are developed and distributed to the PG members, another PG meeting was organised in order to prioritise them and decide on the final limited list of critical issues to be addressed by the strategy. After a condensed set of critical issues was identified, described and agreed on, additional analysis was undertaken. While the community profile represented an assessment of the community situation, SWOT (Strength, Weaknesses, Opportunities, Threats) analysis was used to deepen and focus the analysis of internal and external factors directly related to critical issues. As in other standard approaches to local development planning, SWOT analysis was used as a strategic tool for identification of critical issues identified through consultations with the PG. The part of the SWOT related to internal assessment has a crucial role in the process of strategic planning. At the same time, it is important to identify and understand external forces. Within RMAP, SWOT analysis was done either with the PG or within specific working groups composed of local experts for each of the relevant sectors and related issues and captured in a written form. Creating a Development Vision The aim of the process of strategy development is not only to find out the present situation, but it is rather about working with the community to find out what it could become. The community vision does not need to be fully attainable, but it rather serves as a wider frame and inspiration for concrete development directions. As a general rule, the vision should address issues that have an effect on the quality of life of all groups of society, including the vulnerable and marginalised population groups. Within RMAP, the community vision was created by the PG. It was used to describe the community’s preferred future, generally in a timeframe from five to ten years. When developing the vision of the local community, participants were asked to answer questions as follows: What are the core values that guide your community and community actions?

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How are these community core values different from those needed for change and community development?

If everything could be perfect, how would your community look like in five to ten years? Core characteristics and values enlisted were discussed within the PG, while the final list represented the main elements of the vision. Attempts were made to base the vision on the broadest possible consensus, with the focus on balancing and not deepening existing social and economic gaps and disparities. It was important to ensure that the vision stands for the entire community, reflecting and incorporating the views, ideas and possible visions of different stakeholders, including also the vulnerable and poor. Developing Goals and Objectives Development goals are specific and concise outcomes that the community wishes to achieve. While providing general and long-term direction, they should clearly relate to the local reality, identified critical and strategic issues, as well as to local resources. Within RMAP, strategic / development goals were defined by the PG and derived from critical issues statement and the vision. They had to address each critical issue identified and be in line with the vision in the way that their achievement could ensure the realisation of the defined vision. For RMAP and the HRBA, it was important that goals as development directions capture and combine various perspectives and development sectors, but at the same time, to go beyond a simply sectoral approach. While goals are aspirations, objectives are targets. Objectives define the key results that are expected to be achieved and quantifiable or other measurable indicators, which enable the communities to track the progress. Therefore under each strategic goal, several specific, measurable, attainable, resource-based and time-bound (SMART) objectives are defined. Within RMAP, the full realization of the rights was defined as the vision and long-term goals, while the mid- to short-term targets defined frame and concrete steps concerning the progressive realization of the same rights. Objectives were identified either through work with the PG or WGs, building on the strengths and opportunities of the locality as identified in previous process stages. The tool usually used for objectives identification was a so-called T-Matrix that basically enabled looking at the identified critical issues and human rights shortcomings, as well as assessing potential solutions. Defining Programmes and Projects Once the vision, development goals and objectives are formulated, it is important to define concrete measures to achieve these objectives. For each objective there will usually be a set of projects. Projects are identified and formulated ideas / activities that need to be implemented in order to achieve the objective or a part of the objective. There is no specific methodology used, except for the use of indications collected through SWOT analysis, defining of development goals and objectives. The process, as undertaken with the RMAP support, did not involve the development of comprehensive project proposals, but used the format of project fiches or concepts to briefly describe the main project elements such as beneficiaries, expected results, implementers, risk factors and rough estimates of time and costs of project implementation. As in any standard approach to local development planning, it was important to ensure that programmes/projects, objectives and development goals are logically connected, relevant and mutually reinforcing within broad and integrated local strategies prepared with the HRBA.

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Annual and financial plans The next step is to create an annual action plan. An action plan spells out the hierarchy of activities, financial needs and sources of funding, as well as the responsible parties and the time frame for implementation. The annual action plan needs to be linked to financial planning, the municipal budget and the budget cycle. Apart from providing funds from municipal resources, there is also a need to identify other possible funding sources, both within and outside the community, including transfers from higher government levels, projects of international donors, or funding from the private sector. From the RMAP perspective, prioritisation of development interventions for the purpose of preparing an annual action plan had to be looked at carefully. This was an important decision-making point, where it was necessary to avoid trade-offs regarding selected priorities, while at the same time making sure that the most important projects and initiatives are the first to get the attention. It called for transparent consultations, as well as for adequately taking into account interests, needs and concerns of the most vulnerable and socially excluded. In addition to identifying potential local funding sources, annual action plans developed with the RMAP support encompassed information on other available funding sources, domestic and foreign, governmental and non-governmental. The planning stage under RMAP was completed once the municipal council / assembly adopted the rights-based municipal strategy. This was regularly done in two stages. The strategy was first adopted as a draft, followed by public debates with citizens, after which its final adoption would take place. Promotion and discussion of the process and its results through the local media was also part of this final stage. With regard to promotion and publication of the key development goals, objectives and projects of the first annual work plan, RMAP assisted the MDT in the organisation of public hearings as well as specifically through the production of promotional materials containing core information on the strategy as well as the budgetary commitment of the municipality. Promotional materials were placed at visible spots throughout the municipality. This was an additional method to increase transparency and the accountability of the municipal administration for the contents and implementation of the rights-based local development strategy.

Development vision and goals - Example from the RB Municipal Strategy of Ilijaš Municipality

Development vision: As an environment friendly, safe and open municipality, in 2012 Ilijaš will be an attractive place for living and doing business, where all residents will have equal opportunities to enjoy social security and adequate standards of living.

Development goal 1: Become a developed municipality and reach the employment level and GDP of the FBiH by creating a favorable business environment, developing small and medium entrepreneurship and using agricultural potentials.

Development goal 2: Increase the level of social security and ensure adequate social protection and health care to all residents.

Development goal 3: Enhance the quality of education, ensure access to education for all children and create the conditions for improvement of cultural and sports life.

Development goal 4: Improve the living conditions and quality of life through advancement of infrastructure and enhancement of environmental protection.

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HR Perspective on the Planning Stage (Developing the rights-based local development strategy)

P.A.N.E.L Principles Application/ Gravities

Methods, tools, processes applied and introduced by RMAP

Identification of critical issues (main obstacles/ main potentials/ drivers) for local development

Linkages to the HR framework

Participation

Non-discrimination

Empowerment

The ‘critical issue’ identification and assessment is a sensitive stage as it will define the frame and scope of the whole planning exercise. From the HRBA perspective it is key to ensure that:

- all issues related to non-compliance, non-fulfilment – as mapped in the community profile - are included in the listing of critical issues;

- a focus on equality and vulnerabilities is reflected in the final set of critical issues identified;

- analysis of equality and non-discrimination are given a specific focus;

- issues where accountability is within municipal authority were given a priority assessment.

In terms of process, a core task was to ensure meaningful participation through:

- specific focus on inclusion of the voice and representation of vulnerable and marginalised group in the debate;

- transferring additional inputs from focus group discussion, mapping detailed characteristics of poverty and vulnerability in the community (including geographical distribution), to the discussion and decision making.

Creating a development vision, development goals, objectives, programmes and projects;

Developing plans for implementation

Linkages to the HR framework

Non-discrimination & vulnerabilities

Accountability

Formulation of the vision, but even more importantly of development goals and objective reflecting HR concerns, (progressive realisation, etc.).

If feasible and understandable to all, human rights language to be included.

Selection of projects, leading to achievement of the objectives, to reflect relevance for improving the situation of human rights and for addressing identified vulnerabilities.

Financial incentives and prospect of co-financing for priority project aiming at addressing human rights concerns.

Ensuring wider information on key contents of the strategy and of the annual work plan, through public debate and use of the printed and other media.

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Implementation Stage: Implementing the plan/ implementing projects

Steps of the implementation stage can be structured differently and vary within local communities. Implementing a local development plan according to the standard local economic development (LED) approach is described as a process with five steps: (i) Setting up a structure for plan implementation; (ii) Preparing the annual action plan; (iii) Preparing the financing of the implementation; (iv) Setting up the structure for plan implementation; (v) Implementing the annual action plan.

This chapter describes how the implementation stage was organised under RMAP. Within RMAP, the preparation of the first annual plan and its financial planning was closely linked to the above-described planning process and contained in the final draft. Under RMAP, the process was thus subdivided in the following steps:

Preparing / updating the annual action plan; Organising the implementation process; Prioritising and choosing development interventions/ projects; Project selection and project development; Managing the project implementation.

The final goal of any planning process should be to achieve concrete positive changes on the ground. This is evermore so relevant for a process that aims towards positive changes in the enjoyment of human rights. In fact, strategic planning processes often lack structures for implementation or lack implementation follow-up at all. This is the underlying reason why an implementation component was included in the RMAP approach. Under the implementation component, RMAP provided technical and financial assistance to local communities for the implementation of priority projects, which aimed at strengthening respect and enjoyment of human rights and improvement of the quality of life in local communities. These projects were indentified within the finalised rights-based development strategies. The main objectives under this stage were to enable transparent and relevant priority projects selection and implementation and, with regards to long-term sustainability, to increase project cycle management, monitoring skills and mechanisms in partner municipalities. The process started with the signing of a Memorandum of Understanding (MoU) with municipalities. The MoU was outlining respective responsibilities and financial requirements with regards to the implementation of selected priority projects. The adoption of the finalised rights-based municipal development strategies by respective Municipal Councils/Assemblies was a precondition for inclusion of partner municipalities in the RMAP implementation phase. Taking the rights-based local strategies and their respective annual action plans as a basis, priority projects were identified and selected for implementation with the support of UNDP RMAP. A Steering Committee (SC) was established, consisting of the Mayor, the speakers of the Municipal Council/Assembly and the MDT, and the representative of one of the most prominent civil society groups within the municipality. The SC was responsible for pre-selection of priority projects from the annual action plan and final approval of fully fledged project proposals based on their quality and overall resource availability. The MDT, established in the planning phase, assumed a supporting role in the process of preparation of project proposals. Individual project managers were nominated to prepare project proposals and subsequently manage the selected priority projects on a regular basis on behalf of the implementing partners (municipal authorities, public institutions and CSOs).

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As per priority project selection, one of the core criteria applied by the SC related to the contribution of the envisaged interventions to the enjoyment of human rights. The project proposals thus needed to demonstrate concretely how non-discrimination, equality and empowerment would be advanced, local poverty and exclusion addressed, or access of vulnerable groups to services and adequate social protection strengthened. Final project preparation also included the draw-up of detailed project budgets and decision on the level of financing available from the municipality, as well as from RMAP. Additional selection criteria included consideration of promptness of implementation (timeframe set was 8 to 10 months), cost-efficiency, visibility, sustainability of impact, and change effect demonstration. Accordingly, seed funds were available, in particular for projects that showed human rights relevance. RMAP seed funds - in the amount of USD 30-50,000 per partner municipality – were not given as a charity, but had the purpose to provide an incentive for implementation, based on joint prioritisation and mutual commitment. For any project receiving funding from RMAP, a minimum 20% of direct project cost sharing from the municipality was required. On average 3 to 5 projects per municipality were developed, financed and implemented through this process. The whole implementation stage was guided by the Implementation Manual, which also included a human rights checklist as a scoring tool during participatory project selection. The value of the tool was twofold, apart from ensuring transparent scoring, it also had an ‘educational’ value, as local implementing partners had to reflect and discuss the human rights relevance and impact, gender equality and other issues when drafting and agreeing on the projects. (http://www.rmap.undp.ba/Upload/SC/Implementation%20Manual.pdf). References and reminders on gender equality were mainstreamed throughout the implementation manual and subsequently within the implementation flow. Overall, under RMAP, 41 priority projects were selected and implemented in partner municipalities, based on the established criteria and procedures. Approximately USD 581,550 of seed funding was channelled through the UNDP RMAP, while the total value of all implemented projects amounted to about USD 1,411,037. Co-financing of projects in partner municipalities thus often doubled or even tripled the seed funding provided by the UNDP and went beyond the required 20% of direct project costs. With regard to the contribution of other stakeholders to strategy implementation, most partner municipalities managed to engage a variety of stakeholders, from higher government levels to direct beneficiaries. Some of the municipalities mobilised additional resources for project implementation through successful fund-raising initiatives.26 Also, upon the request of some municipalities, RMAP assisted in organising promotion events and small donor conferences for the purpose of mobilising additional resources for the overall strategy implementation. It is estimated that the projects implemented with the RMAP support reached some 90,000 direct beneficiaries.

26 For example, involving a large number of local stakeholders, from local businessmen, direct beneficiaries and voluntary contributors to entity and cantonal ministries, Odžak Municipality managed to secure more than 6o% of the total project value. Bugojno Municipality was similarly successful.

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HR Perspective on the Implementation Stage (Implementing the plan / implementing projects )

P.A.N.E.L Principles Application/ Gravities

Methods, Tools, Processes applied and introduced by RMAP

Organising the implementation process

Project selection and project development

Managing the project implementation

Non-discrimination & Vulnerabilities focus

Empowerment

Accountability

A human rights-based approach emphasises the reduction of vulnerability and progressive realisation of human rights when it comes to the allocation of scarce funding.

RMAP ensured the conception and implementation of 3 to 5 projects per participating municipality, addressing non-discrimination, equality and vulnerability and strengthening the access of vulnerable groups to services and adequate social protection, through:

- participatory, transparent selection processes by local partners, guided by human rights concerns;

- inclusion of human rights scoring in the technical implementation manual;

- technical assistance in project development and project cycle management (capacity building workshops and coaching) for addressing basic capacity gaps;

- limited financial assistance (‘seed funds’) for local project implementation.

Accountability of duty-bearers was underlined through a co-financing requirement by participating municipalities.

RMAP screened the overall implementation plan (including the projects not qualifying for RMAP support) for their potential impact on the progressive realisation of the rights of vulnerable and excluded individuals and groups.

Monitoring and Evaluation

In generic terms, monitoring within strategy development includes regular, systematic collection and analysis of information related to the development goals and the adopted action plan, in order to show the extent to which the action plan has been accomplished to date, and the progress made. Monitoring also has an important role in identifying the extent to which changes and adjustments may be necessary for ensuring the accomplishment of the adopted action plan. Evaluation is a systematic and objective assessment of the activities carried out within the development plan implementation stage. The scope and goals of evaluation need to be defined at the outset. The OECD DAC (Development Assistance Committee) defines five aspects of projects that can be evaluated: relevance, efficiency, effectiveness, impact and sustainability. Monitoring and evaluation requires defining indicators in the planning stage and ensuring that relevant data is collected throughout project implementation. Monitoring and evaluation is also relevant in learning

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from experience as well as for documenting good practices and lessons learned. RMAP, limited through the overall project timeline, did not include monitoring and evaluation of the local development strategies the preparation of which it supported. This process was left to the local stakeholders. However, RMAP had a strong role in monitoring local projects, which were financed and developed under its assistance.

Implementation, monitoring and reporting mechanisms are established in municipalities through local project managers (being responsible for the implementation of the local projects, oversight and reporting) and a nominated monitoring officer within the MDT. The monitoring officer within the MDT is in charge of on-site observations and acts as a focal point for information and reporting to the MDT and UNDP RMAP. In all partner municipalities, the RMAP team provided technical assistance and capacity building support throughout the implementation process, while also conducting regular monitoring of project implementation on spot. Implementing partners carry out all procurement-related activities in accordance with the BiH Public Procurement Law, including the preparation of tender documents, procurement notice publishing, bidders’ notifying, bid evaluation and reporting, and the preparation of contracts. RMAP team members are a part of all key procurement-related activities. After the completion of a local project, the SC evaluates the project’s achievement based on the predetermined indicators, baselines and targets and produces a written report on the evaluation to UNDP RMAP. At the end of RMAP, all 41 local projects had been successfully closed. (A detailed list of all projects with some more detailed examples is attached in the Annex.) While not being able to engage in a more formal evaluation, RMAP, however and upon the completion of the planning process, conducted a participatory evaluation of the strategy-formulation process among key stakeholders (representatives of respective municipalities, private and civil sectors, including the representatives of the most vulnerable groups) in partner municipalities. Some 80% of the respondents stated that the HRBA to development applied by RMAP had given an added value to the planning process in their respective municipalities. It was emphasised that such an approach was particularly valuable considering the high participation in the process, involvement of vulnerable groups and transparency of the process, which provided for increased accountability of local authorities. It was further noted that the planning mechanisms established with the support of RMAP represented a relevant forum for open discussions among all stakeholders (public, private and civil sectors), which enabled better identification of problems and better definition of solutions and strategic directions in the view of the partners from the municipality.

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3. Lessons Learned from Application of the HRBA within RMAP Despite the existing corporate commitment and its increasing concretisation at the macro level (UN Common Understanding / PANEL), the HRBA still constitutes an approach in the making. While lots of work has been done to develop further human rights-based approaches and their components conceptually and practically, there is still a lot of ambiguity, and conceptual guidance is fragmented. In fact, often neither standards nor principles are sufficiently defined to be readily applicable in a given development context, and in particular in specific contexts, such as at the local level. A successful integration of HRBA in concrete development interventions does not require the ‘reinventing of development’, but calls for exploring the ‘connectivity’. This relates to systematic attempts to connect the HRBA to other accepted approaches, learn and understand their language and concepts (e.g. LED) and identify entry points and the specific value-added that human rights analysis could create.

In the framework of RMAP, the HRBA was used as a discrete but complementary framework, building on the premise that human rights principals and approaches contribute best to development programming when they complement existing best practices. This is seen as in keeping with the impact of the human rights framework generally, whose consequences are ‘always incremental’ and long term. Pragmatically, RMAP has found that human rights principles and approaches are legitimised and operationalised to a greater degree by their complementary integration into existing best practices, than when they attempt to provide the entire solution to development problems, and to thereby ‘reinvent development’. The HRBA in itself does not guarantee the realisation of human rights, which requires both willingness and capacity. Such an approach seeks to develop capacities for respecting, protecting and fulfilling human rights. It is based on human rights analysis that identifies immediate, underlying and structural causes for not realising human rights and distinguishes between ‘inability’ and ‘unwillingness’. Thus, while ‘naming and shaming’ is not in its core, the HRBA encounters significant challenges if confronted with unwillingness of duty-bearers to react, change and address. A way out, chosen by RMAP, was to focus the ever limited resources on working with interested and committed mayors and municipalities.

The HRBA is an inter-disciplinary approach that requires practitioners’ deeper understanding of (a) impact of inequalities on development processes; (b) human rights norms and (c) mediation & communication skills to address the sensitivity of human rights issues. This is a complex skill set, which is why projects need to ensure internal learning processes to bring the expertise into project activities to revise and adjust in a timely manner. Capacity building in this regard, often needs to address both partners and staff. The implementation of HRBA demands adequate tools (e.g. programming guidelines, analytical frameworks, indicator systems) and balance of analysis and processes (‘avoiding analytical deadlock’). While there is no one-fits-all solution, a reference to human rights norms and principles helps the HRBA operationalisation, but it is not sufficient. HRBA tailoring to the concrete circumstances is of utmost importance and needs to be adequately addressed within development programmes from their beginning. Also, in projects that address multiple areas relevant for human rights, with multiple target groups, a focus on giving concrete meaning to the HR principles of participation, accountability and non-discrimination within project activities seems to be an effective and pragmatic way of strengthening the HRBA and avoiding the mentioned conceptual deadlock. A set of tools was developed to equip the RMAP staff and local partners with adequate analytical guidance, balancing between their usefulness and transferability and the precision/details of HR analysis and assessment. A similar conceptual perspective is needed for integrating a gender perspective into the approach. While direct reference to the applicable gender relevant legislation (Gender Laws Action plan, etc.) are important

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for overall design and at specific project stages, there is strong need for tailoring and adjustment to the local context. Often limited capacities and knowledge, blunt references to ‘human rights’ or ‘gender obligations’ will not do the job but gender principles need to be integrated in a rather simple and straight forward manner in operational tools used. To avoid the eminent danger of analytical deadlock as well as to constructively overcome mainstreaming fatigue and reluctance, a careful and pragmatic identification of key entry points is advisable in order to yield concrete results. In tailoring the HRBA to local development planning in BiH, it proved pertinent to engage an inter-disciplinary project team, reflecting perspectives, methods and skills of economists, local governance experts and human rights practitioners. From the RMAP perspective, it was of fundamental importance to the programme’s evolution and performance to continually review principles in light of practice, and vice versa, with inputs from all relevant fields of expertise (‘learning cycles’). Building the capacities of stakeholders can take significant amounts of time, however, it can take even longer to produce visible results. This should be acknowledged, and ample time and flexibility for capacity development should be allowed from the very beginning of the programming cycle. For RMAP, it proved very useful to have the adoption of a targeted learning-by-doing approach that enabled direct links between capacity building activities and immediate application of acquired knowledge and skills. However, as capacity building is a complex and long-term process, proper impact assessment could not be carried out within the project frame. Also, building capacities of the most marginalised population groups, when it comes to their access to information and participation in decision-making, proved to be particularly difficult.

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ANNEX - Projects Selected and Implemented within RMAP (2006-2008) Rights-Based Municipal Development Programme, RMAP (2006-2008)

As an initiative developed by UNDP, in consultations with the BiH Ministry for Human Rights and Refugees (MHRR), RMAP aimed at responding to social exclusion and the lack of planning, project development and implementation capacities at the municipal level in BiH.

RMAP was composed of three interrelated components: (i) assessment and planning, (ii) implementation, and (iii) policy development, with capacity building of municipal and other stakeholders as a cross-cutting activity.

RMAP successfully pioneered and tested a methodology for applying the human rights-based approach (HRBA) to local development in BiH. All programme components underlined the principles of participation, non-discrimination and accountability. This meant that at all stages of the development process, the community as a whole, including vulnerable groups, was represented. It also meant that much effort was put in informing the community about the process results, goals and plans in order to make the municipal actors accountable for their actions.

RMAP Partners

A survey conducted by RMAP in November 2005 revealed that almost 50% of BiH municipalities had not developed any local strategies to address local needs and improve municipal performance systematically. Among municipalities with valid strategies, there were serious shortcomings regarding implementation and follow-up, as just a half of them had developed operational action plans and set up formal structures tasked with strategy implementation. Moreover, only 24% of municipalities that completed the development planning process had enacted financial plans for strategy implementation, while a few of them stated that they had adequate financial resources at their disposal to implement their plans.

The survey indicated a need for a comprehensive and multi-sectoral approach to local development in BiH,

including targeted technical assistance for building capacities that would enable municipalities to act as agents of change, actively contributing to the development of their communities. In the end, out of 82 municipalities that applied to take part in the programme, 15 municipalities joined RMAP, based on transparent selection criteria. Additionally, based on a request from the Municipality and the UNDP Upper Drina Regional Development Programme (UDRDP), the RMAP supported the planning process in Foča.

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Planning Process

Under its planning component, the RMAP provided concrete

assistance to nine municipalities (Breza, Foča, Goražde, Ilijaš, Jajce,

Kalesija, Kiseljak, Lopare, and Visoko) in formulating their long-term

development plans. The planning phase was characterised by strong

participation of various local stakeholders, while the introduction of

HRBA in the RMAP assessment and planning process at the local

level had the inclusion of marginalised groups in focus.

With the adoption of multi-sectoral, participatory and inclusive

local strategies and annual action plans, partner municipalities

implemented a more structured and comprehensive approach to local development and made efforts to

improve allocation and targeting of limited resources.

Implementation Process

Within the implementation component, the municipalities selected and developed priority projects addressing problems and aiming at improving the quality of living within local communities.

The RMAP programme provided technical assistance and limited financial support for the implementation of priority projects in the Municipal Development Strategies in 14 partner municipalities (Breza, Bugojno, Donji Vakuf, Drvar, Ilijaš, Jajce, Kalesija, Kiseljak, Lopare, Odžak, Orašje, Teslić, Visoko and Zvornik). USD 581,550 of seed funding was channelled through the UNDP RMAP, while the total value of all implemented 41 projects amounted to USD 1,411,037, reaching some 90,000 beneficiaries in partner municipalities.

In order to maximise synergies within the overall UNDP programme, the implementation of priority projects from the Goražde and Foča Municipal Strategies and Annual Action Plans was supported through the UNDP BiH area-based development programme - Upper Drina Regional Development Programme (UDRDP).

RMAP also cooperated with the UNDP Integrated Mine Action Project (IMAP). This initiative provided an opportunity for RMAP partner municipalities to apply for support for their mine clearance projects of development significance, based on the priorities defined by their municipal strategies. As a result, three locations were cleared in Bugojno and Kalesija in 2007. Moreover, by the end of 2008, 13 projects and four locations were selected in Bugojno, Ilijaš and Kalesija, and the areas are either cleared or in the process of mine clearance.

Nomination for the Global UNDP Award

The RMAP team of the BiH UNDP Country office was nominated by the global UNDP staff forum for the innovation and creativity award. The RMAP programme was selected among 70 UNDP Country Offices throughout the world and was short-listed among 10 other UNDP projects for the creativity and innovation award, which highlighted the dynamic and innovative approach of UNDP in BiH.

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Examples of Implemented Projects

By the Rivers of Donji Vakuf:

Project to clean the Komarska and Oboračka riverbeds, implemented by the Čistoća Public Utilities Company

The Oboračka and Komarska Rivers in Donji Vakuf used to be polluted with various waste materials, which posed a constant risk of flooding and potential damage to farm lands and residential buildings in the vicinity of water flows. The residents of the settlements along the two rivers were not aware of ecological issues, and did not have adequate alternatives for disposal of their household and other waste. Through a 4-month project, a stretch of 17 km of riverbeds was cleaned and deepened, while the Čistoća Public Utilities Company provided temporary employment opportunities for nine unemployed individuals. Furthermore, Čistoća promoted environmental awareness through warning signs and organised collection of waste at designated locations in cooperation with the local media. Regulation of water flows, particularly in the areas known for frequent flooding, directly reduced the risk of material damage for 23 ha of land and 21 residential buildings, and regular waste collection along Oboračka and Komarska rivers was ensured.

Before After

Berry Business:

Project to start strawberry production, implemented by Bugojno Municipality

45 people provided with additional income and self-employment opportunities

The project was designed to support additional income generation for the most vulnerable and unemployed rural population in Bugojno. It enabled setting-up of plantations with a minimal surface of 0.1 ha, which ensured a solid income and enabled the application of agro-technical measures. The beneficiaries were provided with seedlings, plastic sheeting and expert assistance. The Municipal Department of Agriculture assisted the strawberry farmers with education, training, market research and supported the product sale. In total, 45 people were provided with additional income and self-employment opportunities through 15 strawberry plantations on a total land surface of 1.5 ha.

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It’s a Long Way to the Right to Education:

Project to reconstruct the Branch Elementary School in Barići, implemented by the Vuk Karadžić Elementary School in Teslić

The Vuk Karadžic Branch Elementary School in the rural and returnee area of Barići had been completely devastated and remained so for a long time. The children from the area temporarily attended classes in the Elementary School in Teslić, which forced them to travel a distance of 7 km forth and back, every day. During a period of 4 months, the school in Barići was reconstructed. The roof was repaired, windows and doors replaced, the façade renewed - Vuk Karadžić became a functioning school again. Today, students and teachers from Barići can study and teach within an adequate distance, in a school with healthy and pleasant surroundings, which enhances the quality of classes and scholar achievements.

Before After

House of Hope:

Project to construct the Centre for Persons with Special Needs, implemented by the Kuća nade Association

In Odžak Municipality, there were 106 persons with disabilities in need for help. In this view, the Kuća nade Association initiated a project with a goal to build a new facility that would offer professional assistance and care for persons with special needs. Through the project supported by the UNDP RMAP, the Association managed to equip the ground floor of the centre, including carpentry works, electrical installations, sewage and water installations, hallway, one room, kitchen and two bathrooms, and an entrance with a wheelchair ramp. The support was also secured by Odžak Municipality, the Federal Ministry for Refugees and Displaced Persons, the Posavina Canton Ministry of Labour, Health and Social Policy, Public Companies from Odžak as well as the local business community. The implementing partner was the Kuća nade Association with which the Micro-Capital Grant Agreement was signed.

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From a plot to the House of Hope

Future in Sheep Breeding:

Project to establish mini sheep farms in mountainous areas of Ilijaš, implemented by Ilijaš Municipality

The project established 20 mini sheep farms in mountainous areas of Ilijaš (altitude above 1,000 m) and trained 20 agricultural producers for intensive sheep breeding and cheese production. Project beneficiaries included 20 rural families, owning land and having some experience in sheep breeding, with irregular income, or being returnees without income. The sheep farmers were enabled to generate additional income. The project was implemented by the Municipality, with the Sarajevo Canton contributing 30% to the project budget.

Additional income for 20 poverty-stricken or returnee families

The Roma put hands on their problems:

Project to construct a water supply system in Hrastovi settlement, implemented by Kiseljak Municipality

Kiseljak Municipality faced several problems with regards to water supply, with the most urgent situation in Hrastovi settlements, mostly inhabited by the Roma (some 450 inhabitants). The existing local water supply system in Hrastovi was linked to a source of insufficient capacity, while the quality of supplied

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water was rather poor. There were registered cases of water-borne diseases caused by the poor bacteriological quality of the supplied water. A reservoir of sufficient capacity was built and a new secondary water supply network was installed, providing Hrastovi residents with sufficient quantities of quality potable water.

‘Finally, tap water!’

A place to gather and meet.

Project to reconstruct the Public Centre in Rajševa, implemented by the Rajševa Settlement in Teslić

As the former local community centre in Rajševa in Teslić was destroyed during the war, there was no facility for citizens’ gatherings and discussions. The project resulted in complete rebuilding of the local community centre in this returnee and rural settlement. Beneficiaries included some 600 Rajševa inhabitants, local associations and informal groups. The project lasted for six months and secured contributions of the local population as well.

Before After

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Projects that made a difference:

Municipality Implemented projects UNDP seed funds, USD

Total value, USD

Bugojno (1st group)

Strawberry Growing Project 18,087.26 27,250 Creation of the Local Environmental Action Plan (LEAP) 8,332.94 13,814 Reconstruction of the Branch Elementary School in Vesela Rural Settlement 27,669.81 113,260

Donji Vakuf (1st group)

Cleaning of Komarska and Oboračka Riverbeds 27,362.29 54,205 Homecare for the Elderly 11,051.08 17,990

Odžak (1st group)

House of Hope Project - Construction of the Centre for Persons with Special Needs

27,754.01 76,460

Installing the Central Heating System in the Cultural Centre 22,095.43 40,130 Equipment of the Healthcare Centre with an Ultrasound Machine 5,464.68 49,342

Drvar (2nd group)

Public Lighting around the Elementary School 15,491.05 20,741 Central Heating Installation in the Municipal Building 19,391.43 25,049

Orašje (2nd group)

Connection of the Kostrč Branch School to the Water Supply Network 25,774.18 56,293 Reconstruction of the Youth Centre Building 14,126.39 26,150 High School Classroom Equipment for Vocational Training 11,686.33 29,935

Teslić (2nd group)

Central Heating Installation in the Elementary School 10,156 20,941 Reconstruction of the Branch Elementary School in Barići 18,823 64,705 Reconstruction of the Public Centre in Rajševa 9,700 18,131

Zvornik (2nd group)

Reconstruction of the Field Healthcare Clinic in Branjevo Rural Settlement

25,000 70,958

Breza (3rd group)

Chlorination Devices Installation in Rural Water Supply Systems 11,040 15,351 Renovation of Sanitary Facilities in Two Rural Elementary Schools 12,111 20,809 Renovation of Sanitary Facilities in Two High Schools 16,402 23,688

Ilijaš (3rd group)

Roof Reconstruction and Renovation of the First Floor of the Child Day Care Centre

13,475 24,624

Mini Sheep Farms 15,000 34,609 Reconstruction of the Multimedia Room in Srednje 10,080 20,397

Kiseljak (3rd group)

Workshops for Children with Special Needs 2,130 13,634 Reconstruction of the Cinema Hall 7,295 24,656 Greenhouse Vegetable Production 8,397 28,528 Water Supply System in Hrastovi Local Community 21,671 56,887

Visoko (3rd group)

Prevention of Disturbed Behaviour of Primary School-Aged Children in Visoko

3,050 4,442

Reconstruction and Equipment of the Cinema 10,610 33,821 Reconstruction of the Water and Sewer Systems in Križ Street 24,935 43,562

Jajce (4th group)

Reconstruction and Equipment of the Theatre 9,911 41,173 Regulation of the Kruščica Waste Disposal Site 15,007 26,243 Reconstruction of the Existing Water Supply Systems in Katina, Zastinje-Kozluk and Plivska Jezera Settlements

15,082 35,821

Kalesija (4th group)

Partial Reconstruction of the Community Building for the Outpatient Clinic Seljublje

3,320 5,788

Installation of the Central Heating System at the Branch Elementary Schools in Donje and Gornje Hrasno

12,153 16,070

Building of a Sports Field in Brda Local Community 9,788 16,709 Connecting the Water Supply Systems in Vukovije Gornje and Vukovije Donje Communities to the Municipal Water Supply System

12,507 91,391

Lopare (4th group)

Reconstruction of the Water Supply System in Koraj Local Community 9,653 40,874 Reconstruction of the Gym in the Sveti Sava Elementary School 7,541 19,470 Renovation of the Playground in Front of the Child Day Care Centre 15,082 19,718 Building of the Sidewalk to the Vuk Karadžić High School 7,541 11,312

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