Since the inception of the United Nations, human rights and development have been closely linked as stressed above in light of the various global commitments made on social development. The 1948 Universal Declaration on Human Rights underscored the notion that all human rights - economic, political, civil, cultural, and social- are universal and of equal importance. More specifically, human rights can be defined as "universal legal guar
antees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity" (OHCHR 2006).
Placing Social Integration at the Centre of Africa's Development Agenda
The human rights-based approach (HRBA) acknowledges the central role of human rights in the development agenda and is particularly relevant to the concepts of social develop
ment discussed in this chapter. The principles of human rights are critical for an apprecia
tion of how relevant this approach is to the agenda of social integration and inclusion.
These principles (Universality, Indivisibility/Interdependency, Accountability and Partici
pation) and how relevant they are to the subject under discussion are outlined (see box
2.1).
Box 2.1
The Correlation Between Human Rights Principles and Social Inclusion
Universality:
The principle of universality of rights is aimed at securing inclusiveness, especially in favour of traditionally excluded groups. Following on the thrust of human rights instruments such as the UDHR and CEDAW, governments are to promote programmes and policies which reach out to ensure that such groups do not fall through the cracks. Such measures may include affirmative action and social protection geared towards removing the effects of discrimination and vulnerability.
Indivisibility and Interdependency:
This principle endorses the position that all human rights are important, interlinked and therefore of equal importance and that no group of rights can be given priority over the other. Hence the broad range of civil and political rights, and economic, social and cultural rights afforded by human rights treaties and are required for the proper and harmonious development of the individual and therefore must be implemented holistically for their betterment. This also suggests that the eclipsing of the enforcement of economic, social and cultural rights (for example education and health) by political and civil rights is no longer tenable.
Accountability:
As duty bearers governments are accountable to their people in the observance and fulfillment of fundamental human rights prescribed under both international law and national legislation.
Participation:
For purposes of the issues under discussion, participation may be defined as the process by which individuals and groups are provided with the necessary tools to take part in the political, economic, social and cultural affairs of their respective countries and are essential ingredients of social inclusion.
Source: UN Charter on Human Rights
When using the human rights-based approach, government's policies, programmes and plans to promote development are centered on human rights and corresponding obliga
tions under international law (OHCHR 2006). By applying this approach, governments and development partners are not only interested in promoting human rights on a moral basis but also recognize that this approach fosters a more inclusive development process.
In particular, the human rights-based approach addresses the need to promote the rights of the whole population in terms of such rights, as the right to free access education, food and employment and giving them the tools to enforce these rights. Thus, marginalized and excluded groups, as already argued above have a secure basis for claiming and enforcing their economic, social, political, cultural and civil rights. This principle of inalienability of rights is a basic pillar of HRBA (OHCHR 2006).
The African Social Develcpment Report 2009
In addition, human rights are intrinsically linked to developmental goals, such as poverty reduction and the MDGs in general. The United Nations Millennium Declaration in fact recognizes the central importance of human rights, outlining commitments on these dimensions, which have received inadequate articulation within the framework of the eight MDGs. The Millennium Declaration indeed referred to human rights as the kernel of its development agenda and clearly linked the concepts of development and peace and security. This was reiterated in "In Larger Freedom1" as a key document guiding the de
velopment agenda forward.
This is a clear recognition that human rights belong firmly in the development agenda, including efforts by member States to achieve the MDGs. There are also significant simi
larities between the MDGs and human rights commitments. In particular, promoting progress towards the MDGs and the fulfillment of human rights is self-enforcing. In this respect, OHCHR (2006) stresses: "Human rights help sharpen the strategies for achiev
ing the Goals [MDGs] by addressing the discrimination, exclusion, powerlessness and accountability failures that lie at the root of poverty and other development problems."
(OHCHR 2006; 8).
Violations of human rights, especially women's rights, are common not only to Africa but are heightened in weak States and those in conflict and post-conflict situations on the continent. In relation to the main theme of this report, various individuals and groups (many violations are dimension based) in Africa have their economic, social, political, cultural and civic rights violated because of their identity. Violations of economic rights are manifest in situations where women are too often denied equal rights of access to edu
cation, credit, land ownership, or employment. Persons with disabilities and those living with HIV/AIDS face severe barriers in accessing health care and decent employment and besides suffering from discrimination in the workplace. They are often denied full access to the full range of exsiting rights that are already protected by international law, and guar
anteed by United Nations Conventions such as the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD,2008), and the Universal Declaration of Human Rights. Members of certain ethnic and religious groups are routinely denied their rights in the social, economic and political spheres affecting their livelihoods.
Despite the relationship between the goals and human rights, the human rights dimension to the MDGs in terms of MDG planning and discourse on policies to promote progress have largely been absent from policy formulation (OHCHR 2008). For this reason, OH
CHR (2008) argues that four key elements need to be addressed to reaffirm the role of human rights in the MDGs agenda. These include (i) align the MDGs with human rights by harmonizing the MDG targets and indicators with human rights standards (ii) adopt a human rights-based approach to empowerment and participation in MDG policymaking (iii) prioritize human rights within policymaking and resource allocation so that MDG-related policies do not violate rights (iv) use the HRBA to ensure legal empowerment and accountability in the context of meeting the MDGs.
1 http://www.un.org/Iargerfreedom/
Placing Social Integration at the Centre of Africa's Development Agenda