Dehumanising Development : Right to Development versus Rights Based Approach to Development.
Keywords:
Rights, Development, Human Rights, Right to Development, Human Rights Approach, Development Aid, New International Economic OrderAbstract
In the aftermath of the world-war, development and human rights were two separate sets of approaches taken to strive for a prosperous and peaceful global order. However, the approaches were found to have similar ends and therefore in the short history of over six decades they have crossed paths multiple times. In 1986, the right to development was accepted as a human right through the United Nations Declaration on Right to Development. However, practical concerns and ambiguity around obligations under the Declaration prevented several major players from the global North from supporting the declaration to culminate into a legally binding instrument.
This paper while tracing the history of the Right to Development shall contrast it with the Right Based Approach to Development which developed in the 1990s and highlight the shortcomings on the new approach which has found substantial support from the global north in the recent past. The paper is divided in four sections. The first section provides the introduction to the paper tracing how development and human rights crossed paths. The second section discusses the Right to Development and Rights Based Approach to Development in detail bringing out the differences followed by the third section which elucidates the main argument highlighting the incompatibility of the two approaches. The fourth section provides a concluding note to the paper. The primary claim of the paper is that the paradigm shift from Right to Development to Human Rights Based Approach in the late 1990s and early 2000s led to an undermining of the obligation of the international community towards the needs of developing countries and a lack of coherent human rights framework in development policy.
References
1. Escobar A. Encountering development: The making and unmaking of the Third World. Princeton University Press; 2011 Oct 10.
2. “A/RES/3/217 A. Declaration on Human Rights.” United Nations. Accessed November 18, 2018. http://www.un.org/en/ga/search/view_doc. asp?symbol=A/RES/217(III)
3. HENKIN, L. INTERNATIONAL HUMAN RIGHTS AS "RIGHTS". Nomos, 1981, 23, 257-280.
4. United Nations. "Fact Sheet No. 2 (Rev.1), the International Bill of Human Rights." Refworld. Accessed November 18, 2018. http://www.refworld.org/docid/479477480 .html.
5. Eide, Asbjørn, Catarina Krause, and Allan Rosas. Economic, Social and Cultural Rights: A Textbook . At 23 Dordrecht: Martinus Nijhoff Publishers, 2001
6. Hamm, Brigitte I. "A Human Rights Approach to Development." Human Rights Quarterly 23, no. 4 (2001): 1005-031.
7. Brownlie, Ian. The Human Right to Development: Study Prepared for the Commonwealth Secretariat . London: Commonwealth Secretariat, 1989.
8. A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm.
9. Vienna Declaration and Programme of Action. Proceedings. New York: United Nations, 1993
10. Bedjaoui, Mohammed. International Law: Achievements and Prospects . Paris: UNESCO (1991): 1177.
11. Jonsson, U. "A Human Rights -Based Approach to Programming .". Edited by P. Gready and J. Ensor . Reinventing Development: Translating Rights Based Approaches from theory into Practices, Zed Books Ltd., London, 2005: 51.
12. A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm Art 3(3) Dehumanising Development: Right to Development versus Malik Fahdul Haq JHRLP (2019) 7–16 © Law Journals 2019. All Rights Reserved Page 14
13. Uvin P. On high moral ground: the incorporation of human rights by the development enterprise. Praxis: The Fletcher Journal of Development Studies. 2002; 17:1-1.
14. Malhotra, Rajeev. "Right to Development: Where Are We Today?" Reflections on the Right to Development: 127-52.
15. Arjun Sengupta. "The Human Right to Development." Oxford Development Studies 32, no. 2 (2004): 22.
16. A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 1
17. Bedjaoui, Mohammed. International Law: Achievements and Prospects . at 1177 & 1182 Paris: UNESCO (1991): 1182
18. Baxi U. Human rights in a posthuman world: Critical essays. Oxford University Press; 2009 Apr 29.
19. A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed No vember 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 2(3)
20. A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 8
21. A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 6(2)
22. A/RES/41/128. Declarati on on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 6(3)
23. A/RES/41/128. Declaration on the Right to Deve lopment." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 6(3)
24. S, Salomon, Margot, E. and Sengupta, Arjun “The right to development: obligations of states and the rights of minorities and indigenous peoples .” Minority Rights Group International, London, UK (2003): 4.
25. Sen, Amartya. Development as Freedom . Oxford: Oxford University Press, 2013: 3.
26. Vienna Declaration and Progr amme of Action. Proceedings. New York: United Nations, 1993 Article 10.
27. Felix Kirchmeier. "The Right to Development - Where Do We Stand? State of the Debate on the Right to Development." Compiled by Friedrich - Ebert-Stiftung. Dialogue on Globalization / Occ asional Papers: Occasional Papers , no. 23 (2006): 14.
28. Baxi, Upendra. Human Rights in a Posthuman World: Critical Essays . New Delhi: Oxford University Press, 2010: 133.
29. “A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 3(3)
30. “A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 3(2)
31. “A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 4(2)
32. Bedjaoui, M. "T he Right to Development’." Edited by M. Bedjaoui. International Law: Achiev ements and Prospects, 1991: 1177.
33. Cornwall, Andrea, and Celestine Nyamu‐ Musembi. "Putting the ‘rights‐based Approach’ to Development into Perspective." Third World Quarterly 25, no. 8 (2004): 1415-437. Page 1422
34. Kirchmeier, Felix. The Right to Development - Where Do We Stand? State of the Debate on the Right to Development. Geneva: Friedrich -Ebert- Stiftung, 2006: 14.
35. Kindornay, Shannon, James Ron, and Charli Carpenter. "Rights -Based Approaches to Development: Implications for NGOs." Human Rights Quarterly 34, no. 2 (2012): 472-506. JHRLP (2019) 7–16 © Law Journals 2019. All Rights Reserved Page 15
36. Development Program, United Nations. "Frequently Asked Questions on the Right to Development." Human Rights Documents Online, 2016, 15.
37. Broberg, Morten, and Hans -Otto Sano. "Strengths and Weaknesses in a Human Rights-based Appro ach to International Development – an Analysis of a Rights - based Approach to Development Assistance Based on Practical Experiences." The International Journal of Human Rights 22, no. 5 (2017): 664-80.
38. "Human Rights -based Approach to Programming." UNICEF. J anuary 23, 2016. Accessed November 10, 2018. https://www.unicef.org/policyanalysis/righ ts/index_62012.html.
39. Darrow, Mac, and Amparo Tomas. "Power, Capture, and Conflict: A Call for Human Rights Accountability in Development Cooperation." Human Rights Quarterly 27, no. 2 (2005): 471-538.
40. S, Salomon, Margot, E. and Sengupta, Arjun “The right to development: obligations of states and the rights of minorities and indigenous peoples .” Minority Rights Group International, London, UK (2003): 7.
41. Arjun Sengupta. "The Human Right to Development." Edited by B. A. Andersson and S. Marks. Development as a Human right: Legal, political and Economic dimensions. Harvard School of Public Health (2006): 22.
42. Kindornay, Shannon, James Ron, and Charli Carpenter. "Rights -Based Approaches to Development: Implications for NGOs." Human Rights Quarterly 34, no. 2 (2012): 472-506.
43. Frankovits, A. “introduction: A Rights - Based Approach to Development and the Right to Development.” Edited by Martin Scheinin and Markku Suksi. Human Rights in Development Yearbook (2nd ed.) (2005): 5-6.
44. Uvin 2002, 4. Uvin, P. "On High Moral Ground: The Incorporation of human rights by the development enterprise." The Fletcher Journal of Development Studies (2002): 4.
45. Marks, Stephen P. "Human Rights and Development. "At Page 171. Edited by Sarah Joseph and Adam Macbeth. Research Handbook on International Human Rights Law, 2010.
46. Hamm, Brigitte I. " A Human Rights Approach to Development." Human Rights Quarterly 23, no. 4 (2001): 1013 - 014.
47. “A/RES/41/128. Declaration on the Right to Development." United Nations. Accessed November 16, 2018. http://www.un.org/documents/ga/res/41/a4 1r128.htm. Article 1
48. Hamm, Brigitte I. "A Human Rights Approach to Development." Human Rights Quarterly 23, no. 4 (2001): 1013 - 015.
49. Broberg, Morten, and Hans -Otto Sano. "Strengths and Weaknesses in a Human Rights-based Approach to International Development – an Analysis of a Rights- based Approach to Development Assistance Based on Practical Experiences." The International Journal of Human Rights 22, no. 5 (2017): 664-80.
50. Darrow, Mac, and Amparo Tomas. "Power, Capture, and Conflict: A Call for Human Rights Accountability in Development Cooperation." Human Rights Quarterly 27, no. 2 (2005): 472.
51. United Nations. Office of the High Commissioner for Human Rights. Frequently asked questions on a human rights-based approach to development cooperation. United Nations Publications; 2006.
52. Guide on Legislating for the Right to Food. Rome: FAO, 2009.
53. A Human Rights -based Approach to Education for All a Framework for the Realization of Children’s Right to Education and Rights within Education . New York, NY: UNICEF, 2007: 9.
54. Samuli Seppanen. "From Substance to absence: Argumentative Strategies in the Implementation of the Human Rights - Based Approaches to Development." International Law and Politics , Vol. 49 (2004): 405.
55. Piron, Laure -Helene. The Right to Development: A Review o f the Current State of the Debate for the Department for International Development. 2002. Dehumanising Development: Right to Development versus Malik Fahdul Haq JHRLP (2019) 7–16 © Law Journals 2019. All Rights Reserved Page 16
56. Pettit, Jethro, and Joanna Wheeler. "Developing Rights? Relating Discourse to Context and Practice." IDS Bulletin 36, no. 1 (2005): 1-8.
57. Jonsson, U. "A Human Rights -Based Approach to Programming. “At Page 171. Edited by P. Gready and J. Ensor . Reinventing Development: Translating Rights Based Approaches from theory into Practices, Zed Books Ltd., London, 2005.
58. Akinsanya, Adeoye, and Arthur Davies. "Third World Quest for A New International Economic Order: An Overview." International and Comparative Law Quarterly 33, no. 1 (1984): 211-13. Cite this Article Malik Fahdul Haq , Anubhav Raj Shekhar . Dehumanising Development: Right to Development versus Rights Based Approach to Development. Journal of Human Rights Law and Practice . 2019; 2(2): 7–16p.
