64500 June 2011 · Number 86 DEVELOPMENT AND HUMAN RIGHTS IN THE MIDDLE EAST AND NORTH AFRICA (MENA): CHALLENGES AND OPPORTUNITIES Lene Lind, Sara Gustafsson and Vikram Raghavan1 conflict, the World Development Report 2011 (WDR) underlines the negative impact of Introduction: Many parts of MENA have persistent conflict on a country’s or a region’s experienced volatility and fragility due to development prospects and notes that no low- conflict over the course of the region’s long and income conflict affected state has yet achieved a complex history. These conflicts have had single MDG. significant impact on economic and human development indicators. Also, and more The Arab Human Development Report recently, massive protests and unrest have prepared annually by the UNDP in cooperation flared across several parts of the region. In with regional scholars and experts, is intended Egypt and Tunisia these protests have led to to provide a regional basis for public discourse historic political changes, even as the situation across the Arab world. Five Arab Human is still unfolding in others. These changes are Development Reports (AHDR 2002 – 2009) likely to have significant consequences, have built on the basic idea that reform in the especially for citizens’ participation and region is necessary and that sustainable change involvement in the development process, which can only come from within. The most recent are increasingly articulated through the prism AHDR (2009)4 emphatically argues that state of human rights.2 This Fast Brief aims at security and human security in MENA are assisting staff to form a better understanding of mutually dependent. Human security focuses these issues.3 on enabling people to contain or avert threats to their lives, livelihoods and human dignity. Conflict, as currently witnessed in the MENA region, is not only a tool for destruction and Human Rights Instruments and MENA: Some suffering, but also a vehicle for social and of the core international human rights political change. Violent conflict, however, instruments are the Universal Declaration of prevents the kind of stability necessary for Human Rights, adopted by the UN General human and economic development and for Assembly in 1948, the International Covenant reaching the overall Millennium Development on Civil and Political Rights (ICCPR) (adopted Goal of human security for all. With more than in 1966 and entered into force in 1976) and the 1,5 billion people living in countries affected by International Covenant on Economic, Social and Cultural Rights (ICESCR) (adopted in 1966 1 Lene Lind, Senior Social Development Specialist, MNSSO, and entered into force in 1976). Committees of Sara Gustafsson, Senior Program Officer, OPCCS/NTF. and independent experts are set up to monitor the Vikram Raghavan, Senior Counsel, LEGES-LEGOP. This implementation of the ICCPR and the ICESCR. brief was reviewed by Irina Kichigina, Chief Counsel, Most MENA countries have ratified the ICCPR LEGEM and cleared by Acting Sector Manager MNSSD- SDV-URBAN Colin Scott. and the ICESCR although some have made 2 Middle East and North Africa Regional Study on reservations to certain provisions. MENA Reducing Conflict Risk and Supporting Peaceful Transition, countries that have ratified the Covenants have 2011. agreed to report regularly to the Monitoring 3 It is prepared in collaboration with the Nordic Trust Fund, which was established to promote staff knowledge and learning about how human rights relate to the Bank’s core 4Mustapha El-Sayyid et al., The Arab Human Development mission of promoting economic growth and poverty Report 2009, Challenges to Human Security in the Arab reduction. Countries (U.N. Publications, 2009). Committees on the implementation of the Arab Charter also includes its own monitoring Covenants. mechanism to oversee compliance with its obligations. This mechanism primarily consists The Human Rights Council is an international of a committee of seven members, which body created by the UN General Assembly examines periodic reports by state parties and with the principal purpose of addressing issues recommendations for improved human rights violations and make compliance. 10 recommendations on how to improve respect for human rights. The Human Rights Council’s Besides these regional instruments, several work includes the Universal Periodic Review MENA countries have set up national human mechanism for all UN member states. The rights commissions and councils in their Review mechanism assesses countries’ human respective jurisdictions.11 rights records as well as providing technical assistance to enhance their capacity to deal Human Rights and Development: Globally the effectively with human rights challenges. It is strong link between human rights and also intended to help foster an increased development is well recognized. Human rights awareness of a culture of human rights. offer a standard by which to assess progress Development projects are also included within and the efforts of those with obligations the scope of these assessments. Most MENA (usually States) to achieve development targets. countries have completed a first round of Human rights also have the potential to foster reviews under this mechanism5. accountability of all actors involved in development. A human rights-based approach There are also several regional human rights to development (HRBA) has been used by UN instruments and frameworks in MENA. They agencies, NGOs and some bilateral agencies are adopted under the auspices of the since the end of the 1990s. The UN describes the Organization of the Islamic Conference (OIC), HRBA as ―a conceptual framework for the the Arab League, and the African Union. 6 In process of human development that is 1990, the OIC endorsed a regional version of normatively based on international human the Universal Declaration of Human Rights rights standards and operationally directed to called the Cairo Declaration on Human Rights promoting and protecting human rights.‖ In in Islam.7 Another important regional 2003 the United Nations Development Group instrument is the Arab Charter on Human (UNDG) adopted a statement of Common Rights of 2004, which entered into force in Understanding on HRBA to Development 2008.8 The Charter incorporates most of the Cooperation. The main points are that all international conventions’ basic protections, programs, policies and technical assistance although it also makes certain departures. 9 The efforts should further the realization of human rights as laid down in international human 5 The timeline for MENA-countries’ first Universal Periodic rights instruments. Reviews have been as follows: 2008-Morocco, Tunisia, Algeria, Bahrain, UAE, 2009- Djibouti, Jordan, Saudi Arabia, Yemen: 2010- Egypt, Qatar, Iran, Iraq, Kuwait, Libya, Lebanon: 2011- Oman, Syria. Reports can be found at www.ohchr.org discrimination (women’s rights, religious minorities, non- 6 Certain North African MENA countries have joined the citizens). Criticism has been leveled against certain parts of African Charter on Human and Peoples’ Rights, adopted the Chater for falling bellow international standards. See, 1981 and entered into force 1986 (Egypt, Libya, Tunisia and Press Release, High Commissioner for Human Rights Algeria). Louise Arbor, Statement by UN High Commissioner for 7 The Cairo Declaration has been subject to criticism for Human Rights on the Entry into Force of the Arab Charter falling short of international standards. on Human Rights. U.N. Press Release (Jan. 30, 2008); AHDR 8 It currently has 10 ratifying entities: Algeria, Bahrain, 2009 at 5. Jordan, Libya, Qatar, Saudi Arabia, Syria, UAE and Yemen, 10 League of Arab States, Arab Charter on Human Rights WB&G has also ratified the Convention. art. 45 and 48, adopted May 22, 2004, entered into force 9 In particular, regarding the death penalty (no absolute ban March 15, 2008. on juvenile death penalty), and certain other penal 11 E.g. National Council for Human Rights in Egypt, practices, freedom of expression and religion, and equality National Centre for Human Rights in Jordan and National of women. Questions also remain with respect to non- Human Rights Committee of Qatar. June 2011 · Number 86 · 2 The Role of the World Bank: The World Bank migrants in migration management to be may have a role to play in helping its members developed with a client country in the MENA with the substantive realization of human region. rights obligations in areas that fall within its mandate and where development activities and Conclusion: The regional and social context in human rights are interrelated. The World Bank MENA adds unique challenges—for human can take human rights into account in its work rights, for development, and for peace. There is where countries request such assistance, or room for progress on implementing key human where they frame questions or strategies rights for development in the MENA region. related to poverty reduction or development in There is a need to build state capacity to human rights terms. implement these rights, since states have primary human rights obligations under The Nordic Trust Fund (NTF): The NTF, a international and regional treaties. There is also knowledge and learning program, has been a need to work with non-state actors. The established within the World Bank with the recent and currently ongoing developments in objective of contributing to developing the region are broadly seen as driven by a knowledge on how human rights relate to the moral quest for justice and dignity, closely Bank’s core work and its mission of promoting linked to issues associated with a human rights economic growth and poverty reduction. 12 The based approach to development. program includes applied research, capacity building for staff, and pilot projects, including in-country activities as agreed with client Further reading: Siobhán McInerney-Lankford, Hans-Otto Sano, countries. Human Rights Indicators in Development: An Introduction (World Bank 2010). Examples of pilot projects include Improved Right to Health for Roma in health sector Milan Brahmbhatt and Otaviano Canuto , Human operations; Better understanding of how the Rights and Development Practice, Economic Premise Convention on the Rights of Persons with No. 50 (Feb. 2011). Disabilities relates to the Bank’s work on the www.ohchr.org (UN human rights monitoring Right to Education in the East African reports) Community; and Improved understanding of www.hrbaportal.org (information on the human rights based approach) how human rights approaches can be used www.worldbank.org/nordictrustfund (NTF website more systematically in the peace and -information on NTF) development work in Colombia. In the MENA region one NTF pilot project aims Contact MNA K&L: at understanding the role of human Director, MNACS: Emmanuel Mbi rights/child rights programming in areas Regional Knowledge and Learning Team: affected by conflict and its possible effects on Omer Karasapan, Roby Fields, and Hafed Al-Ghwell stability. Research is currently taking place in Tel #: (202) 473 8177 Lebanon and Yemen. Another NTF pilot project MNA K&L Fast Briefs: deals with reproductive rights in Egypt and http://go.worldbank.org/OXADZV71I0 aims to better inform Bank staff and policy makers about the potential positive outcomes The MNA Fast Briefs are intended to summarize of a human rights approach to lower fertility lessons learned from MNA and other Bank Knowledge rates and population growth and promote and Learning activities. The briefs do not necessarily reflect the views of the World Bank, its board or its economic and social progress. A third pilot in member countries. the MENA region will be exploring the mainstreaming of the protection of labor 12The NTF program is supported by a US$ 20 million multi- year and multi donor trust fund. June 2011 · Number 86 · 3