A Human Rights Approach to Sustainable Development in the Arab Region
Transcript of A Human Rights Approach to Sustainable Development in the Arab Region
Expert report for the
Arab Sustainable Development
A Human Rights Approach to
Sustainable Development
Arab Region
Expert report for the
Arab Sustainable Development
A Human Rights Approach to
Sustainable Development i
Arab Region
2015
Arab Sustainable Development Report
A Human Rights Approach to
in the
Acknowledgement
This report was prepared by Mr. Fateh Azzam for the United Nations Economic and Social
Commission for Western Asia (ESCWA) as an input into the Arab Sustainable Development
Report. It was reviewed by Ms. Reem Nejdawi, Ms. Monia Braham and Ms. Jana El-Baba.
_____________________________
Note: This document has been reproduced in the form in which it was received, without formal editing. The opinions
expressed are those of the authors and do not necessarily reflect the views of ESCWA.
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Introduction
It is difficult to discuss sustainable development while the Arab region is mired in what may
be the worst instability it has known in the post-colonial era. Deep and long-festering
discontent with national, regional and global politics and economic policies, especially after
the global financial crises of 2001 and 2008, found expression in the popular revolts that
broke out in 2011 in nearly half of the countries of the region, calling for “bread, dignity and
social justice.” Regional and global state responses, however, have provided primarily
militaristic solutions, coupled with a sharp crackdown on rights and freedoms in most
countries. Four years later, and with four regimes changed, armed conflicts rage across the
region. A new ultra-extremist and particularly destructive brand of terrorism has emerged
which is threatening social and political cohesion across many countries. The global arms
sales to Arab countries, foreign interventions throughout the region, and the continuing
occupation of Palestinian and Arab land by Israel promise to keep the tension at high levels
and to undermine any attempts at recovery, let alone development. The region is currently
witnessing a humanitarian crisis the likes of which has rarely been seen with tragic losses of
human life, millions displaced and serious damage to economies and infrastructure that will
take at least a generation or more to recover from.
The situation, however, can more accurately be considered a human rights crisis, which has
been going on for decades. This crisis can be understood as a cause of instability as well as
its result. It is a vicious circle where economic and political exclusion and lack of respect for
human dignity and people’s rights engender economic and political discontent, loss of faith
in leadership and a search for alternatives; any alternatives. States then resort to repression
to control opposition and revolt, which in turn causes even more instability.
Humanity will not enjoy security without development, it will not enjoy development
without security, and it will not enjoy either without respect for human rights.
Former U.N. Secretary General Kofi Anan1
The challenge facing Arab societies is how to stop this vicious cycle by reversing its direction,
where a politics of inclusion based on respect for all human rights, and sound development
policies can create stability, economic and social progress and enhanced human security and
development that can be sustainable over time.
The region is also threatened by the global environmental situation, and may face further
crises as a result of climate change, water scarcity, fossil-fuel pollution, desertification and
environmental degradation, all of which will certainly exacerbate the current political and
economic situation. Urgent national and regional responses are needed to confront those
challenges.
The continuing armed conflicts can only further cause deep damage to the economies of the
region and the infrastructure needed to support any serious development efforts. To begin
the march towards sustainable development, Arab states need to adopt political strategies
1 In Larger Freedom: Towards Security, Development and Human Rights for All, Report of the Secretary General
of the United Nations, 2005.
4
that can balance legitimate security needs against political, economic and social policies that
are inclusive, integrated and comprehensive, and lead to the desired outcome.
It is important to note here that most of the crises the region is facing in 2015 and going
forward are man-made, including weak economies, political instability, conflict and wars,
threats to the environment, the effects of climate change, water scarcity and pollution. They
can be un-made and re-made by changes in policies and approach. The region will continue
to face dire consequences if these crises are not confronted and mitigated by forward-
looking policies based on the accumulated collective wisdom of global experiences, some of
which are described below.
We also know, however, that these problems are not accidents of nature or the
results of phenomena beyond our control. They result from actions and omissions of
people, public institutions, the private sector and others charged with protecting
human rights and upholding human dignity.
The Road to Dignity by 2030; para. 12
This paper does not purport to resolve all of the issues, but to propose a human rights
approach that may underpin efforts at sustainable development and help them be more
successful. The human rights-based approach does not provide the technical knowledge and
expertise needed, but only a methodology that may strengthen and focus efforts to meet
development aims and objectives and make them sustainable.
1. Human rights and sustainable development
The international community has increasingly recognized the linkage between international
peace and security, sustainable development and human rights. As early as 1986, the
Declaration on the Right to Development affirmed the interdependence of civil, political,
economic, social and cultural rights and freedoms enumerated in the Universal Declaration
of Human Rights, and considered them essential components of development.2
… 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.
Article 1, Declaration on the Right to Development
The Declaration highlights that “the human person is the central subject of development”
and that States have a duty to formulate appropriate national development policies that
should aim at “the improvement of the well-being of the entire population and of all
individuals, on the basis of their active, free and meaningful participation in development
and in the fair distribution of the benefits resulting there from.” 3 It affirms the
interdependent relationship between economic, social and cultural rights on the one hand
and civil and political rights on the other, and highlights that States “should take steps to
2 Declaration on the Right to Development, adopted by the U.N. General Assembly 4 December 1986,
A/RES/41/128. 3 Ibid. Article 2.
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eliminate obstacles to development resulting from failure to observe civil and political rights,
as well as economic, social and cultural rights.”4
Three of the ten articles of the Declaration on the Right to Development are particularly
relevant for the region at this time in their focus on international cooperation to remove
obstacles to development and the establishment of “a new international economic order,”
including massive human rights violations and “threats of war and refusal to recognize the
fundamental right of peoples to self-determination.”5
Article 7 of the Declaration makes the clear connection between peace, security and
development by calling on states to achieve “general and complete disarmament” and that
the resources released should be “used for comprehensive development.”
All States should promote the establishment, maintenance and strengthening of
international peace and security and, to that end, should do their utmost to achieve
general and complete disarmament under effective international control, as well as to
ensure that the resources released by effective disarmament measures are used for
comprehensive development, in particular that of the developing countries.
Article 7, Declaration on the Right to Development
The outcome document of the World Conference on Human Rights in Vienna in 1993
focused on the interdependence of development, democracy and human rights,6 and the
United Nations Program of Reform in 1997 also reaffirmed the centrality of human rights to
“peace and security, economic prosperity and social equity.”7 Those linkages were further
elaborated in the UN reform program adopted in 2005, and started the United Nations on
the road to mainstreaming human rights.8
The Outcome Document of the 2010 Millennium Summit focuses on the interconnectedness
of human rights, development, peace and security (Paragraphs 3 and 13), Gender equality
(Paras. 12 and 53), participatory, community-led strategies (Para. 23e), reform of
international financial institutions and their role in development (Para. 40). “Inclusive and
equitable economic growth” appeared throughout the text, (Paras. 43, 47, and elsewhere),
and finally, that “respect for and promotion and protection of human rights is an integral
part of effective work towards achieving the Millennium Development Goals” (Paras. 53 and
55).9
4 Ibid. Article 6.
5 Ibid. Articles 3, 4 and 5.
6 Vienna Declaration and Programme of Action, outcome document of the World Conference on Human Rights,
14-25 June 1993, A/CONF.157/23; available at http://www2.ohchr.org/english/law/vienna.htm; 7 Renewing the United Nations: A Programme for Reform, Report of the Secretary General of the United
Nations, 14 July 1997, paras. 78-79; U.N. Document A/51/950. 8 See United Nations Practitioners’ Portal on Human Rights Based Approaches to Programming;
http://hrbaportal.org/human-rights-mainstreaming-mechanism 9 Keeping the Promise: United to Achieve the Millennium Development Goals, Outcome Document (22
September 2010) United Nations Document A/65/L.1
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2. The Post-2015 Agenda: Sustainable Development Goals
In December 2014, the Secretary General of the United Nations presented his report to the
General Assembly synthesizing “the full range of inputs available on the post-2015
development agenda,”10 taking note that “a remarkably consistent vision has emerged.”11 In
addition to the abovementioned documents, the report builds on the wisdom accumulated
in all of the past conferences, studies and conclusions underlined in the various preparatory
and outcome documents, including The Rio+20 agenda,12 the report of the Open Working
Group on Sustainable Development Goals,13 and the Secretary General’s 2013 report to the
General Assembly on the Millennium Development Goals and the post-2015 agenda.14
All voices have called for a people-centered and planet-sensitive agenda to ensure
human dignity, equality, environmental stewardship, healthy economies, freedom
from want and fear and a renewed global partnership for sustainable development.
The Road to Dignity by 2030; para. 49
The Secretary-General’s synthesis report proposes “one universal and transformative
agenda for sustainable development, underpinned by rights, and with people and the planet
at the centre.”15 The report reiterates and builds upon the Declaration on the Right to
Development linking human rights, security and justice and focusing in particular on
participation in development.16 Indeed, the 17 proposed Sustainable Development Goals
deal with the full range of civil, political, economic, social and cultural human rights
articulated by the Universal Declaration and human rights treaties. With few exceptions, the
proposed Sustainable Development Goals incorporate the essential features of the human
rights-based approach such as equity, equality, inclusiveness, access, and justice.
The Secretary-General’s synthesis report may be also understood as a human rights
document by definition. It builds on the declarative texts of human rights treaties and
documents, and its proposed goals for sustainable development aim at the achievement of
equality, inclusiveness and human dignity. At the same time, it requires that the Sustainable
Development Goals be implemented through a specifically human rights-based approach in
terms of process and methodology, including participation by all stakeholders such as the
private sector and by a “truly globalized, interconnected and highly mobilized civil society,
ready and able to serve as a participant, joint steward and powerful engine of change and
transformation.”17
10 The road to dignity by 2030: ending poverty, transforming all lives and protecting the planet: Synthesis report
of the Secretary-General on the post-2015 sustainable development agenda. Presented at the sixty-ninth
session of the General Assembly on 4 December 2014; A/69/700. 11
Ibid. p. 13, para. 57. 12
Adopted at the United Nations Conference on Sustainable Development, sixty-sixth session of the General
Assembly on 11 September 2012, A/Res/66/288. 13
United Nations, Report of the Open Working Group of the General Assembly on Sustainable Development
Goals; 12 August 2014, A/68/970. 14
United Nations, A Life of dignity for all: accelerating progress towards the Millennium Development Goals
and advancing the United Nations development agenda beyond 2015, 26 July 2013, A/68/202. 15
Ibid. Summary, p. 1. 16
The Road to Dignity by 2030; p. 3, para. 7 17
Ibid. p. 7, para. 31.
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A human rights lens is thus integral to the consideration of plans and programs for
sustainable development and the implementation of the post-2015 Sustainable
Development Goals. The following discussion looks into how the constituent elements of
the human rights approach relate to making future development plans and policies more
sustainable and responsive to people’s needs and to the realities in the region today.
3. The human rights-based approach and its application18
The human rights approach is both a means to an end as well as an end in itself. Economic
and social policies, governance systems that are effective and geared towards ensuring
human dignity and effective protection of human rights for all, particularly the right to
participate, can all ensure an outcome of sustainable development “in which all human
rights and fundamental freedoms can be fully realized.” 19 Sustainable development
achieved through respect for human rights and human dignity is also the best guarantor of
social harmony and political peace.
Constituent elements of a human rights-based approach
Participation, inclusion and empowerment
Accountability
Linkage to human rights standards
Attention to marginalized communities
Participation, inclusion and empowerment
All citizens have a right to participate in public affairs, 20 generally understood as
participation directly or through representatives chosen in fair and free elections. Thus,
there is a clear link between democracy and human rights.21 But democratic participation
goes beyond the right to elect and be elected, and extends to the capacity to express views
on all policies under discussion, including economic and social policies, whether or not in an
official capacity while holding public office.
Policies and the ensuing programs and implementation projects have a better chance of
success with the participation of beneficiaries in the discussion, design and implementation
of those projects. Owning development projects allows participants to claim their rights by
acquiring the power, capacities, capabilities and access necessary to change their own lives.
Participation also increases and broadens the legitimacy of policies, development plans and
projects, and ensures that priorities are localized and adapted to the exigencies of each
18 For detailed discussion of HRBA, see the United Nations HRBA Portal at http://hrbaportal.org/. See also
Office of the High Commissioner for Human Rights, Frequently Asked Questions on a Human Rights-Based
Approach to Development Cooperation, United Nations (New York and Geneva) 2006. Available at
www.ohchr.org/Documents/Publications/FAQen.pdf 19
Declaration on the Right to Development, Article 1. 20
The International Covenant on Civil and Political Rights; Article 21. 21
For the United Nations views on the link between democracy and human rights, see
http://www.un.org/en/globalissues/democracy/human_rights.shtml
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particular regional or sub-regional situation, rather than reliance on imported models, even
as ‘lessons learned elsewhere’ approaches are adopted.
What is needed in the Arab region is a definitive paradigm shift in the relationship between
the individual and the governance structures, where individuals are seen as full partners in
achieving sustainable development and not merely recipients of services.
To achieve this, governments in the region need to reconsider and moderate their extreme
sensitivity to criticism. Laws governing free expression have nearly all drawn red lines
around any criticism of state policy and the Head of State, but these laws are vaguely
written and wide open to interpretation, particularly where they relate to ‘tarnishing the
reputation of the state.’ Consequently, there are numerous and regular human rights
reports on the arrests and trials of individuals for alleged related crimes.
In considering and discussing development policies, it’s important to ensure that the culture
of inclusion and participation become an indispensable element to development planning
and programming. Academic and research centers and civil society organizations can
undertake the necessary base-line research to inform development plans, develop
strategies and contribute to the identification of priorities, and to take part in the
monitoring and assessment of projects. Non-governmental and civil society organizations
can be particularly helpful in providing input to strategies and plans, and many have the
capacity to work directly with target populations and beneficiaries on the ground, and as
implementing partners for state-sponsored or internationally supported projects. They
should be encouraged to share their experiences.
Beneficiaries of development efforts are the most well placed to articulate the specifics of
their needs as well as ideas for how to meet them. Sub-regional and local meetings, of a
public nature or in committees, can be organized to consult with them, and hear their views
and proposals. Some governments have begun using online forums as a means to broaden
discussion on policies. This approach has great potential to be further developed, especially
with the veritable explosion in social media in the Arab region in particular. Although social
media has had both positive and negative consequences, a focused utilization of these
platforms can yield significant results in participatory approaches to policy discussions.
Again, severe restrictions placed on social media and Internet usage do not help the process
of broad consultation and participation.
The benefits of participation are not limited to expressing views, however, and extend to
the implementation of plans and response mechanisms. For example, efforts to respond to
the threats of pollution, climate change and water scarcity cannot in effect succeed without
the participation of civil society. In addition to education and raising awareness on
environmental issues in general terms, the participation of people in preventing pollution, in
recycling and in conserving water resources are crucial if state responses are to bear fruit.
People should also be enabled to negotiate competing interests in society and thus to have
the ability to organize in interest groups, and certainly to enjoy freedom from direct or
indirect coercion. Participation helps ensure that all competing interests have a chance to
be heard, and while not all of those interests may be met in the end, the very process of
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open debate would go a long way towards a public perception that the interests of the
widest public take priority. Open debate is consequently a source of important legitimacy
for development plans.
The involvement of people is therefore not only through the discussion of public policies as
a hedge against social instability and dissatisfaction, but goes much further by opening the
space for creative ideas and constructive debate and in the actual implementation of
development plans and projects for sustainable development.
Human rights standards for economic security and sustainable economic development
Economic programs and plans for development will need to be people-centered if they are
to be sustainable. People are the producers and the consumers and the only long-term
guaranteed and sustainable engine of the economy. Indeed, the very purpose of economic
development is the welfare of the individual and of society as the Declaration on the Right
to Development affirms, and development must focus on people if it is to be sustainable
and effective. Human rights standards and principles have much to contribute in discussing
economic and social policies.22
The more capacities, skills and freedoms people have, the higher the returns are on
investing in human resources. Thus the focus needs to be on the development of the
human person, to ensure that education reaches the entire population and at the desired
levels, that an adequate standard of health is enjoyed, that people are free to create and to
seek and have access to employment opportunities without discrimination or favoritism.
Discrimination and inequalities in access to resources are the greatest obstacles to both
human and economic development. The Inequality-adjusted Human Development Index has
demonstrated that the average global loss in human development due to inequality is
22.9%.”23 Development research, plans, programs and reports on progress all need to
include as specific information as possible on the structures of discrimination that generate
and sustain poverty, inhibit employment policies and restrict access to basic social and
economic services. Questions need to be asked and research undertaken at every step of
the process about laws and administrative procedures that result in discrimination. Plans
should include legal and administrative reform to guarantee equality and equal access, as
well as measures to combat discrimination including effective monitoring and enforcement
mechanisms in both the public and private sectors.
Linkage to human rights standards in the various specific components of development
policies and programs is another requirement of the human rights-based approach, and
those policies and programs should take due regard of the standards and criteria of rights as
legally enforceable entitlements. Human rights treaties define those rights and standards,
22 See UNDP, Mainstreaming Human Rights in Development Policies and Programming: UNDP Experiences;
UNDP; New York, March 2012. 23
United Nations Development Programme, http://hdr.undp.org/en/content/inequality-adjusted-human-
development-index-ihdi
10
and the committees and other bodies created by those treaties explain their scope and
parameters.24
The right to work, for example, is a complex arena that has several sub-components,
including equal pay for equal work; access to opportunities; remuneration that ensures an
adequate standard of living; protection against unemployment; health and safety standards;
and protecting workers’ right to organize to defend their interests in the unequal power
relationship between employer and employee.25 The labor conventions of the International
Labor Organization contain globally-agreed clarifications of those standards, and its Decent
Work Agenda offers a comprehensive approach that includes ‘social dialogue,’ described as
“the most suitable tool for promoting better living and working conditions and greater social
justice. It is an instrument through which governance can be enhanced in many fields.”26
Social dialogue would go a long way towards allaying the apprehensions of elements of the
private sector regarding the costs of guaranteeing workers’ human rights and the Decent
Work Agenda. However, a long-term view is needed to achieve a balance where a well-paid
and socially protected work force can also be more productive and provide a reliable
consumer base as well, assuming a more focused productive economy is established. Thus,
a human rights-based approach can also be seen as ‘good for business,’ and it promotes a
secure domestic and international investment climate. Investment and the economy as a
whole are dependent upon a stable political, social and most importantly legal environment.
The ability to access an impartial and effective justice system can also go a long way towards
strengthening confidence in long-term investment strategies.
Other examples indicative of the usefulness of human rights standards to sustainable
development are the rights to health and to adequate housing. The right to health is
defined by the World Health Organization as a fundamental right to “the highest attainable
standard of health,” and offers a number of benchmarks to be met, including “access to
timely, acceptable, and affordable health care of appropriate quality.”27 This means that
health care should not be denied to anyone, it should be affordable to all and of a quality
that is acceptable and appropriately worthy of the dignity of the patient and meeting his or
her basic needs. Similarly, the standards of the right to housing have been extensively
explained by the Committee on Economic, Social and Cultural Rights, and include legal
security of tenure, accessibility to employment and to services, materials, facilities and
infrastructure. Here too, human dignity is paramount: housing should be affordable,
habitable and culturally adequate.28
The human right to education has gone beyond the initial state’s responsibility to guarantee
primary education at a minimum. It also aims at respecting human dignity and includes very
24 For the comments, observations and recommendations of UN human rights bodies see Office of the UN High
Commissioner for Human Rights, Universal Human Rights Index, searchable by keyword, country and
mechanism: http://uhri.ohchr.org/en 25
Universal Declaration of Human Rights; Articles 23-25. 26
See International Labor Organization: http://www.ilo.org/public/english/dialogue/ 27
World Health Organization, http://www.who.int/mediacentre/factsheets/fs323/en/ 28
Committee on Economic, Social and Cultural Rights, General Comment No. 4 (13 December 1991); available
at
http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/469f4d91a9378221c12563ed0053547e?Opendocument
11
similar standards to the others, called “essential features” of the right to education by
UNESCO: availability, accessibility, acceptability, and adaptability to local and national needs
and requirements.29 Educational policy in the region may be correctly geared towards labor
market needs, but it also needs to seriously consider education in a holistic and
comprehensive manner to counter the current appeal of superficial and violent Islamist or
other movements. Critical thinking, creative research capacities and solid education in the
scientific, political and social arenas are crucial if a knowledgeable, productive and involved
citizenry is to emerge, capable of articulating solutions for the future and shouldering the
responsibility of sustainable development.
…stark deficiencies in social policies in the region have undoubtedly contributed
significantly to motivating the Arab Spring and … have only served to underline the
political urgency of transforming social policies. Ensuring any kind of future social
justice in the region will depend on such fundamental reforms.30
Corruption is another issue that is in urgent need of being addressed, at the national and
regional levels. Studies abound on the losses of billions annually because of corruption and
diversion of funds from their original purposes including social and development programs.
One such study revealed that between 2002 and 2006, an average of $111 billion per year
escaped the region in illicit financial flows resulting from corruption, crime and tax
evasion.31 These are huge losses to the economy, a fraction of which can cover sorely
needed programs in education, for example. Studies have also shown that the poor pay the
heaviest burden due to those losses.32
Conflict, security and accountability
As mentioned above, the human rights approach links sustainable development, security
and socio-political peace; each is dependent upon the others. Yet the prevalent view in the
region that security must come first needs to change towards an understanding that long-
term security, like sustainable development, can be achieved when the welfare of the
population is the goal of policies, and when citizens are convinced that the institutions of
the state and its enforcement mechanisms are working in their favor. Even while the region
must necessarily struggle to confront lawless terrorism, it can best enlist the cooperation of
citizens when it gains their trust. In this conception, the legitimacy and authority of
government comes from the people,33 and its role is primarily that of guarantor and
29 UNESCO; http://www.unesco.org/new/en/education/themes/leading-the-international-agenda/right-to-
education/normative-action/state-obligations/ 30
Randa Alami and Massoud Karshenas, Deficient Social Policies Have Helped Spark the Arab Uprisings,
Development Viewpoint, No. 70 (February 2012); available at
http://www.soas.ac.uk/cdpr/publications/dv/deficient-social-policies-have-helped-spark-the-arab-spring.html 31
Kar and Cartwright-Smith, 2008, cited in ESCWA, Arab Integration: A 21st
Century Imperative, 2014, P. 135. 32
See, for example, Corruption Watch, “Economic impact of corruption”
http://www.corruptionwatch.org.za/content/economic-implications. See also Transparency International, U4:
Anti-Corruption Resource Center “Literature review on costs of corruption for the poor;” available at:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CEIQFjAF&url=http%3A%2F%2
Fwww.u4.no%2Fpublications%2Fliterature-review-on-costs-of-corruption-for-the-
poor%2Fdownloadasset%2F3165&ei=CZsrVcS8Asbnas6vgdAJ&usg=AFQjCNF2YTIe97vePaFOJyGFGVr3AFJ-
8A&sig2=JsdvzsxssXffQCuJl_ejVw&bvm=bv.90491159,d.d2s 33
Universal Declaration of Human Rights; Article 21(3).
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regulator through adopting laws and policies that balance rights and obligations, ensure
equality of access and opportunity, and progressively promote inclusive and sustainable
development.
Rights are entitlements that have corresponding obligations, which in turn bring in the
requirement of accountability, one of the most essential components of a rights-based
approach. The legal obligation may be a positive one to implement or achieve a particular
result, a negative one in the sense of refraining from violating rights, or simply one of
showing that efforts are being made to progressively achieve those results.
The concept of accountability may also be broadened beyond the legal, particularly if
society as a whole participates in the development of policy. A ‘social accountability’
paradigm would allow all participants to contribute to efforts made, assess successes and
failures and make suggestions for future plan adjustments.34 Here, public discussion, access
to information, media freedoms and freedoms of expression and association become
essential for social accountability to work.
To strengthen accountability, the highest priority should be to build the institutions of State
and the various ministries so that they can be entrusted with delivering services to the
population in an equitable manner. Civil servants across the region need to be properly
schooled in the professional ethic of serving the population fairly and equitably and in
accordance with the law. Systems for ensuring transparency and accountability need to be
strengthened to combat favoritism and cronyism. Unfortunately, this is not the case today,
and a United Nations study of six Arab countries noted “a significant gap between policies
and practices, particularly for reporting on and investigating wrongdoing.”35
One of the most important institutions to strengthen is the judiciary. Charged with ensuring
justice and adherence to law, it is crucial that it is perceived to be an impartial and just
arbiter for any disputes that inevitably arise in society. A legal system and structure that is
inclusive, just and well implemented through an independent judiciary, is the best guarantor
of social and political peace. The international standards of the rule of law and
independence of the judiciary are well articulated and developed and the region needs to
begin today a program of steady reform that can bring the region’s systems into compliance
with those standards.36 A number of important civil society efforts in this regard have been
ongoing in the region that constitute valuable accumulated experiences and offer proposals
that can be very helpful.37
The role of the police and armed forces is another area that needs serious revision in the
Arab States generally. It is crucial that a police force that is well trained to maintain law and
order should also be trained to serve the population as a whole. The reputation of the
34 See UNDP, Reflections on Social Accountability, UNDP, New York, 2013.
35 United Nations Department for Economic and Social Affairs and UNDP, Public Sector Transparency and
Accountability in Selected Arab States: Policies and Practices; United Nations, New York, 2004; available at
http://www.pogar.org/publications/other/unpan/public-sector-transparency-04e.pdf 36
See International Covenant on Civil and Political Rights, Articles 9-16. 37
See for example, the Arab Council for Legal and Judicial Studies
(http://www.acjls.org/en/about.php?type=1), and the Arab Center for the Independence of Judges and the
Legal Profession (http://www.acijlp.org/main/en/main.php)
13
armed forces depends on how they treat people, and on their respect for the dignity and
worth of every individual. It also depends on what happens during the arrest of suspects
and during their interrogation, where the presumption of innocence must guide their every
action. Suspicion must be based on tangible evidence that justifies arrest and detention
based on clear and strict criteria, and not on confessions extracted under torture, which is
absolutely prohibited under international law.38
This is particularly important in the battle against terrorism. Tacit or intentional bypassing of
the rule of law and violating human rights and humanitarian law in the effort to counter
terrorism is counter-productive, and may even have the unintended consequence of driving
victims of violations into the arms of terrorism. Counter-terrorism policy should be based on
a presumption of innocence and coupled with effective intelligence rather than rely on the
imposition of broad and severe restrictions that affect the entire, mostly innocent
population. The international community has developed a number of important procedural
safeguards for respecting human rights in counter-terrorism efforts that can be instructive.39
In the conduct of armed hostilities, scrupulous attention must be paid to respecting the laws
of armed conflict, especially the principles of necessity and proportionality. Military actions
must be deemed necessary to achieve strictly military objectives, and proportional to the
threat posed or to the amount of force needed for the achievement of those objectives.
Most importantly, provisions related to the protection of civilians and the necessary
distinction between combatants and non-combatants must be scrupulously observed.
Military personnel must be well educated in Humanitarian Law, particularly in the provisions
related to individual criminal liability for war crimes and crimes against humanity. It is self-
evident that lack of attention to these principles would only result in impunity and in
excessive destruction that will then require massive reconstruction. It would undermine and
delay social peace and significantly impede long-term development efforts.
In this regard, it’s important to remember Article 7 of the Declaration on the Right to
Development, which specifically calls on states to make serious efforts towards
disarmament and to divert released resources towards development. It is a wake-up call to
consider that the Arab region’s military expenditures have been steadily rising, and reached
at least $173 billion in 2014.40
Refugees and internally displaced persons (IDPs)
One of the most disastrous and difficult outcomes of the many conflicts in the Arab region
has been the tremendous increase in the numbers of refugees and internally displaced
38 See for example, Code of Conduct for Law Enforcement Officials, adopted by the General Assembly
Resolution 34/169, 17 December 2979; available at
http://www.ohchr.org/EN/ProfessionalInterest/Pages/LawEnforcementOfficials.aspx 39
See Counter-Terrorism Implementation Task Force (CTITF), Overview of CTITF Working Group on Promoting
and Protecting Human Rights and the Rule of Law while Countering Terrorism, and related links therein,
available at: http://www.un.org/en/terrorism/ctitf/wg_protectingrights.shtml. See also OHCHR, Human Rights,
Terrorism and Counter-Terrorism Fact Sheet No. 32 (July 2008); available at
http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf 40
Stockholm International Peace Research Institute, Military Expenditures Databas; downloadable at
http://www.sipri.org/research/armaments/milex/milex_database/milex_database
14
persons. According to UNHCR, Arab countries were host to approximately 15.5 million
refugees and internally displaced persons as of mid-2014, in addition to nearly half a million
stateless persons. 41 Adding another 5.5 million Palestinian refugees as reported by
UNRWA,42 the total number of people forcibly displaced and living in countries of which
they are not nationals reaches 21.5 million. These numbers do not include the recent
refugees and the IDPs of Yemen, or those displaced as a result of Israel’s bombardment of
Gaza in the summer of 2014. The numbers are in all likelihood much greater given that not
everyone in a refugee-like situation is officially registered with either UNHCR or UNRWA.
This has certainly put a severe burden on countries in terms of resources, strains on
infrastructure, on the environment and on stability as well. It has also tested the capacity of
the international community to provide urgently needed humanitarian assistance. It is not
possible to discuss sustainable development while ignoring the presence of such large
numbers of non-citizens many of whom, like the Palestinian refugees, have been in their
host countries for decades.
A human rights approach mandates that refugees should not be treated only as victims and
beneficiaries of urgent humanitarian aid. The 1951 Convention on the Status of Refugees
requires that they be treated in a manner “as favorable as possible,” as nationals of a most
favored nation and in some provisions, as nationals of the host state. It contains many
provisions on the importance of allowing gainful employment for refugees, their
engagement in the liberal professions or self-employment, and incorporating refugees in the
state’s policies on housing, education and labor legislation.43
What is needed in the region is a paradigm shift that views refugees as economic and social
agents and not as a security threat or as a burden to the economies of the host states.
Studies have begun to show that refugees are not homogenous but quite diverse in
education, expertise and skills and can make significant contributions at different levels of
the host country economies.44 The more refugees are able to fend for themselves, the less
the need for aid, thus this paradigm shift is required of humanitarian and aid agencies as
well as governments of host countries. Serious consideration should be given to establishing
aid programs that are based on refugees’ rights, encourage the possibilities for self-
employment, education and skills development; in other words, a right to development
approach to refugee assistance.
This approach is particularly salient in situations of protracted refugee status, of which the
Palestinians may be considered a prime example. The United Nations Relief and Works
Agency for Palestine Refugees (UNRWA) has been reforming its methods of work and now
includes “decent standards of living” and human rights as elements of its human
41 UNHCR, Mid-Year Trends 2014; http://www.unhcr.org/54aa91d89.html
42 UNRWA, UNRWA in Figures as of 1 July 2014;
http://www.unrwa.org/sites/default/files/in_figures_july_2014_en_06jan2015_1.pdf 43
Convention on the Status of Refugees, Articles 17-24; available at http://www.unhcr.org/3b66c2aa10.html 44
See for example Alexander Betts, Louis Bloom, Josiah Kaplan and Naohiki Omata, Refugee Economies;
Rethinking Popular Assumptions; Humanitarian Innovation Project and Refugee Studies Center, Oxford
University; June 2014; available at http://www.rsc.ox.ac.uk/files/publications/other/refugee-economies-
2014.pdf
15
development goals for Palestinians.45 Host countries need to be responsive to this agenda
and cooperate with national, regional and international aid agencies by providing the legal
and institutional frameworks to enable these programs to be successful.
Protection of the environment from the severe pressures of large refugee populations
requires focused policies, and international cooperation is needed to support host states,
particularly if they are less developed or poor in resources. In the context of such
cooperation, policies can be instituted that incorporate refugees as active participants with
agency who can participate in water conservation and waste management efforts.
The continuing perception of the rights of refugees as juxtaposed to those of host country
citizens is often cited as reasons not to consider more inclusive development programs.
However, a closer look at the numbers above show that in fact, 74 percent of those forcibly
displaced within the region in the last few years are internally displaced people.46 They are
citizens whose rights are the same as those of their host communities within their own
country, and should be included in any development plans, whether by governments or by
aid agencies working in areas where government doesn’t reach due to conflict.
Under a human rights framework, these populations – whether refugees or internally
displaced - should be seen in a holistic manner as potential contributors to their host
country economies, albeit temporarily. The challenge is to develop national and global
policies and aid strategies based on respect for their rights and on international cooperation
to increase resources and use them judiciously in development-oriented approaches that
can also benefits the host communities.
Including and protecting marginalized communities and vulnerable groups
Overarching all rights is the principle of equality and non-discrimination. States’ human
rights treaty commitments - indeed customary international law - require that ending
discrimination on any basis be embedded in the laws and in social and cultural structures of
the country. A detailed examination of these laws and their implementation for hidden
discriminatory practices is therefore essential.
The non-discrimination rule also requires that special attention be paid to historically
disadvantaged communities and groups to ensure their inclusion and access to development
and progress. Inclusion does not refer only to programs that target those populations as
beneficiaries, but also to involve them in discussions and policy-making and empower them
to participate as effectively and fully as possible.
This requires that the information and data bases that inform projects be disaggregated to
clearly show the position of women, minorities, migrants, indigenous peoples, people with
disabilities, and other communities and groups that may be particularly vulnerable and
45 UNRWA, http://www.unrwa.org/who-we-are/human-development-goals
46 According to UNHCR’s Mid-Year Trends 2014, Op. Cit., IDPs number 11,857,449 out of a total of 16,014,615.
If we add Palestinian refugees outside of Palestine, and consider those within 1948 Palestine as IDPs, the
percentage of IDPs to refugees who have crossed borders is only lowered to 67%.
16
marginalized so that they too can benefit, make their contribution and take their rightful
place in society.
The definitions of vulnerability can be fairly wide and may cover many communities of
people. Two groups are worthy of special mention, as they represent significant numbers
across the region and have been historically vulnerable and marginalized: women and
migrant workers.
Women
Unless attitudes and policies towards women change, the continued exclusion of more than
half of the populations of the region from economic and political life will continue to hinder
development and undermine the very legitimacy of forward-looking policy planning for
sustainable development.
The inclusion of women is not just a matter of good policy, but a legal obligation as well by
virtue of international human rights law. Nearly all members of the League of Arab States
have ratified the Convention on the Elimination of all Forms of Discrimination against
Women (CEDAW) and have demonstrated active engagement with CEDAW’s reporting
mechanisms.47 Upon ratifying CEDAW, however, most countries entered reservations and
noted that its provisions would be implemented in so far as they do not contradict Islamic
Sharia law, which is interpreted differently across the world.48 State reservations mostly
pertain to personal status issues such as marriage, inheritance, divorce and the acquisition
of nationality. Consequently, women across the region are treated as “legal minors” with
serious repercussions on women’s ability to participate effectively and fully in the economic
and political life of their countries. Comprehensive and sustainable development cannot be
achieved while this situation remains unchanged.
Yet it must be said that efforts at improving the status of women in the region are being
made, albeit too slowly, hindered by entrenched laws and policies and by traditionalist
patriarchal attitudes that prevent women’s access to equality in all spheres. The results are
clear in a number of arenas, where significant efforts have been made to improve the
education of women, for example, yet the vast majority of women college graduates remain
unemployed, which is a significant loss to their families, society and economy.49 Research
has also shown that without specific laws or quotas it remains very difficult for women to be
elected or appointed in governmental positions.50
All this requires the development of political will to move forward with the status and
participation of women in the region. If these efforts are redoubled in the coming period,
47 See Office of the High Commissioner for Human Rights, chart on global reporting status at:
http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx 48
For a list of reservations by country, see UN Division for the Advancement of Women;
http://www.un.org/womenwatch/daw/cedaw/reservations-country.htm 49
As in Saudi Arabia, for example. See BBC, March 8, 2013;
http://www.bbc.co.uk/arabic/middleeast/2013/03/130308_women_saudi.shtml, 50
According to the Inter-parliamentary Union’s statistics, As of 1 February, 2015, women’s representation in
parliaments, especially upper houses, remains one of the lowest globally, and by far the lowest in upper
houses of parliament. See http://www.ipu.org/wmn-e/world.htm.
17
the region may very well find itself in a good position for strengthening its sustainable
development agenda through the participation of women in all spheres of life as required by
CEDAW and the human rights-based approach.
Migrant workers
As a percentage of the total populations, the 2010 estimates of migrant workers as a
percentage of populations in the region range from around 28% to 87%.51 Many countries
in the region are also sending countries that benefit greatly from remittances of their
workers in other countries within or outside the Arab region.
Regulation of the labor market and the flow of migrant labor is certainly a State prerogative,
but the laws and regulations have to be consistent with the human rights of the workers.
Migrant workers are autonomous human beings who have individual legal capacity and
should be hired as individual contractors under clear terms that they can understand and
consent to, and they must have the right to legal recourse should a dispute arise. This,
unfortunately, is not the case in many of the countries of the region because of the Kafala
(sponsorship) system they have in place. This system ties migrant workers legally to their
employers rather than to the state, opening the door to much abuse by giving employers
excessive liberties to ‘protect their investment’ including the holding of workers’ passports
and other measures.
Under human rights law, states parties to international treaties are enjoined to guarantee
rights to everyone within their jurisdiction, not only to citizens.52 Migrant workers should
have the same human rights and obligations that citizens have, with the exception of a few
rights that are rightly seen as citizenship-related, such as the right to vote and stand for
election. The state may see fit to apply special provisions to migrants in terms of the
exercise of certain economic rights, such as social security, and human rights law does allow
special consideration to developing countries for doing so.53 States are nevertheless under
an obligation to consider ways for migrants to enjoy those rights.
The situation of migrant domestic workers in the region, the vast majority of whom are
women, has come in for significant criticism internationally, including by the United Nations’
human rights bodies. Domestic workers are excluded from the provisions and protection of
national labor laws across the region and, combined with the Kafala system, their working
conditions have been sharply criticized: insufficient remuneration, deprivation of freedom of
movement, the withholding of passports and lack of legal recourse.54
A human rights perspective calls for addressing the gap in human and social development
for migrant workers, including in health, education and social security provisions, and
51 Source: United Nations Department of Economic and Social Affairs, searchable database; available at:
http://esa.un.org/migration/index.asp?panel=1 52
See for example Article 2, International Covenant on Civil and Political Rights. 53
See Article 2(3), The International Covenant on Economic, Social and Cultural Rights. 54
See, for example, the Concluding Observations of the Committee on Committee on Economic, Social and
Cultural Rights to Kuwait; E/C.12/1/Add.98; paras 15-18. The CEDAW Committee also noted similar problems
for Oman, Saudi Arabia and the U.A.E; see Concluding Observations: CEDAW/C/OMN/CO/1 para 27, 42;
CEDAW/C/SAU/CO/2 (2008) p. 7; CEDAW/C/ARE/CO/1, para 36
18
incorporating them within the state’s development priorities. The return on taxation,
remittances and fees charged can be redirected towards such programs, benefiting
receiving and sending countries alike. Thorough studies are needed to investigate new and
innovative methods of incorporating migrants in host and country economies in the context
of sustainable development planning that benefits both. Such programs can be predicated
not only the principle of state sovereignty, but also on the legal sovereignty of each
individual migrant worker.
4. Concluding remarks
Sustainable development in the Arab Region is tied to the global economic and political
framework and directly affected by it. For the past two decades, this framework has focused
on open markets, public and private sector partnership, financial investment, credits and
loans, and industry de-regulation. It has promoted private sector profits at the expense of
social safety nets, “trickle-down” economics where very little trickles down, then it
promotes international development cooperation to fix the problems of inequities that this
creates. Already weak economies are then further weakened by internal armed conflicts,
often with foreign support or intervention, and by continuing occupation. These are all man-
made policies that can be changed, amended, and even reversed; if there is political will to
do so.
These policies are in contradiction to a significant consensus that the international
community has come to, first articulated by the Declaration on the Right to Development in
1987. This is the understanding that sustainable development can be achieved in our
lifetime and for future generations through concerted economic, social and political
planning that focus on human development and the enjoyment by all of the full range of
economic, social, political and other human rights. The UN Secretary General’s Synthesis
Report with its proposed 17 Sustainable Development Goals summarizes this consensus,
and notes that sustainable development can best be reached through policies that are not
only consistent with human rights, but also guided by them.
The Arab region experiences this contradiction as does the rest of the world, but has added
challenges that make the task of achieving sustainable development significantly more
difficult: the prevalence of armed conflict and foreign interventions and the ensuing
destruction of infrastructure; the growing threats of terrorism; large numbers of people
forcibly displaced and their lives destroyed, and governance systems that have not always
been geared to the benefit of the average citizen.
A sustainable development response to these obstacles would be significantly enhanced by
a shift in attitudes within the Arab region towards a real partnership between governments
and peoples, where state policies are geared towards respecting, protecting and fulfilling
human rights and reducing inequities. Citizens and non-citizens alike can participate and
share in the development and implementation of those policies. Such a partnership may
strengthen and legitimize development policies and root them in people’s needs and claims
to rights. Putting trust in civil organizations by easing restrictions and strengthening their
capacities to participate may also prove to be the best hedge against deep-seated
dissatisfaction and frustrations that lead to terrorism and insecurity.
19
Arab civil society has already called for such partnership in its deliberations over the post-
2015 agenda. It has advocated a human rights-based approach to the development of the
individual and of the community, which in turn would strengthen indigenous economic,
political and social coherence.
The participants stressed on the need to involve civil society as a full-fledged development
partner and to ensure an enabling environment, which enhances its participation in
dialogue and policy-making spheres.
Regional Forum on Addressing Social and Economic Inequalities: The Need for a New
Development Paradigm55
The Secretary General’s Synthesis Report incorporated much of what Arab civil society
organizations called for in their March 2013 preparatory meeting, including the adoption of
participatory and rights-based methodologies; a return to the role of the state as the
primary protector and guarantor of rights; an economic approach that is balanced and
aimed at sustainable development rather than simply measuring economic growth; fair and
equitable distribution of national resources; gender equality and a review of global
governance and economic structures towards more transparency and accountability.56
The Arab High-Level Forum on Sustainable Development (AFSD), organized by ESCWA in
cooperation with the League of Arab States and UN partners, provides an important multi-
stakeholder platform for discussion and sharing of ideas and strategies in promotion of
sustainable development. In its inaugural session in April 2014, the AFSD reached similar
conclusions as described throughout this document, stressing in particular the importance
of partnership, enhancement of regional productive capacities, development-oriented trade
and investment policies, social protection, human rights and gender equality, among
others.57
Three ‘freedom goals’ to achieve an Arab Renaissance:
- Ensuring the freedom and dignity of all people in the region
- Establishing a strong and diversified Arab production structure
- Reviving a creative Culture
ESCWA, Arab Integration: A 21st Century Imperative, p. 186-7
States in the Arab region have been increasingly engaged in the human rights field and have
already set up a number of institutions at the national and regional levels that can help
them implement these goals. National human rights institutions have been established in 15
Arab states, as state institutions charged with promoting human rights and receiving
complaints of violations and working for redress. These institutions have together called on
55 “Addressing social and economic inequalities: the need for a new paradigm,” Outcome Document of the
regional forum organized by ESCWA, the Arab NGO Network for Development and the Arab Organization for
Administrative Development (ARADO),and held in Beirut, 14-16 June 2014. 56
Declaration of Civil Society Organizations from the Arab Region on the Post 2015 Framework, issued during
the Regional Consultation on the Post-2015 UN Development Agenda (Beirut, 14 March 2013). 57
The final report of the Arab High Level Forum on Sustainable Development (Amman, 2 - 4 April 2014) can be
accessed at http://www.escwa.un.org/information/meetingdetails.asp?referenceNum=3315E.
20
their states to institute “genuine reforms, establish independent judiciaries and amend their
laws to allow for the formation of labor unions and active civil society organizations.”58
The Arab League has had a Permanent Human Rights Committee for decades, which has
done little other than condemn Israeli human rights violations. The Arab Charter for Human
Rights was revived and adopted in 2004 but not all Arab states have signed and ratified it. Its
Human Rights Committee can be strengthened to play a more prominent advisory role on
human rights-based approaches to development.59 Moreover, countries of the Gulf
Cooperation Council recently issued their own human rights declaration that incorporated
all of the economic and social rights required to serve as a basis for development work in
the region.
Arab Ratification of Human Rights Conventions60
Number of
ratifications
Covenant on Civil and Political Rights 17
Covenant on Economic, Social and Cultural Rights 17
Convention on Elimination of Racial Discrimination 22
Convention Against Torture 19
Convention on Discrimination Against Women 20
Convention on the Rights of the Child 21
Convention on Migrant Workers and their Families 6
Convention on Persons with Disabilities 16
Convention on Enforced Disappearances 3
If those institutions are activated and empowered, they could play an important role in
support of national efforts to effectively promote the human rights-based approach across
the region in implementation of sustainable development at the national and regional levels.
All of the recommendations made regarding the achievement of sustainable development
by the various regional and international bodies are fundamentally human rights claims,
which need to be met through a human rights-based approach. They require a shift in
attitudes in the region. Governments in the region must reconsider their relationships to
their own society, and gear the institutions of the state and of the region to work with them
and others within their jurisdiction to achieve the aims of sustainable development. State
institutions, including ministries, the judiciary and the state’s law enforcement mechanisms
must be reformed to become more transparent, responsive to the needs of people and
accountable to the law and to society as a whole. An alliance between governance systems
58 “Arab NHRI meeting calls for widespread reform,” Asia Pacific Forum, 17 May 2012;
http://www.asiapacificforum.net/news/qatar-arab-nhris-meeting-calls-for-widespread-reform. These NHRIs
vary in their degree of compliance with the international Paris Principles defining their role, but are becoming
an important element in the fabric of countries of the region, and seven of them have set up a own network:
http://www.annhri.org/?page_id=324 59
For the text of the Charter in Arabic or English, see
http://www.lasportal.org/ar/sectors/dep/HumanRightsDep/Pages/Mechanisms.aspx#tab1 60
For more detailed information, see Office of the High Commissioner for Human Rights, Ratification Status of
Human Rights Treaties, http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx . Palestine, after
its recognition as a State Non-Member of the U.N. in 2012, signed seven of the nine treaties; see
http://unispal.un.org/UNISPAL.NSF/0/262AC5B8C25B364585257CCF006C010D
21
and the people they serve is also the best hedge against of terrorism, which is a threat to
people first as well as to social cohesion and the political order as a whole.
All that is needed is political will.
***
22
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