The evaluation built its assessment on the inclusion of the Human Rights Based Approach (HRBA) on the most recent guidance provided by the MFA on the matter; the Human Rights Based Approach in Finland’s Development Cooperation – Guidance Note 2015 (MFA, 2015).
The MFA defines the Human Rights as “universally agreed basic rights which guarantee the dignity of human beings”. They consist of human rights that are internationally agreed standards to protect human dignity; civil and political rights, economic, social and cultural rights; and collective rights. States and authorities have the responsibility to respect, protect and fulfil the rights of the citizens.
In the HRBA, two main categories of actors are typically identified: the rights-holders and the duty-bearers. Rights-holders must have the capacity to: (i) exercise rights; (ii) formulate claims and hold duty-bearers accountable; and (iii) seek redress. Duty bearers, in turn, should have the capacity of the state at all levels to meet its duties to respect, protect and fulfil human rights.
The main approach of the evaluation was to assess the WSPST against the four categories of HRBA applied by the MFA. See Tables A14.1 and A14.2.
In addition, human rights are based on the principles of Universality, Interrelatedness and Indivisibility; Equality and Non-Discrimination; Participation and Inclusion; Accountability; and Transparency. The definitions of the concepts are provided in Table A13.3. We have included all these aspects in the evaluation matrix at least indirectly.
Furthermore, we have integrated the normative human rights criteria of affordability, availability, acceptability, accessibility and accountability as part of the evaluation matrix when assessing the access of the final beneficiaries to the water supply and sewerage services. In the context of the WSPST, the concepts meant that (1) the schemes are available at a reasonable distance, (2) they are free to beneficiaries or the costs are affordable, (3) the water supply or sewerage facilities are accessible to the final beneficiaries, (4) the technologies used are acceptable to the users, and that (5) the facilities are of adequate quality to meet the needs of the beneficiaries (Wiman, 2003)
Specifically, in the case of water and sanitation, the UN declaration on Right to Water and Sanitation (2010), which is also signed by Vietnam, states the following:
1. Right of everyone to sufficient, acceptable, physically accessible and affordable water for personal and domestic use.
11. Right of everyone to access to sanitation which is safe, hygienic, secure, socially and culturally acceptable, provides privacy & ensures dignity
The definitions of the HRBA mainstreaming categories in the context of WSPST are defined in Table A14.4. Accountability, which is a key component of HRBA is included under the evaluation criterion Aid Effectiveness, and was, therefore, omitted form the HRBA assessment.
Table A14.1: Levels of Human Rights Considerations in Development Cooperation
Source: (MFA, 2015)
Table A14.2: Key Elements of HRBA Levels
Source: (MFA, 2015)
Table H14.3: Human Rights Principles
Source: (MFA, 2015)
Table H14.4: Definition of Human Rights Scores
Category Description:
Human rights blind
Score 1 The development intervention is ignorant of human rights and the risk of unintentional harmful effects has not been assessed.
Human rights sensitive
Score 2 Application of human rights-based approach as a process: Human rights principles guide the programming, implementation, monitoring and evaluation of the intervention. A basic human rights assessment has been carried out in order to be sufficiently aware of the human rights situation. This is done to avoid unintentional negative effects on the enjoyment of human rights and to ensure that the intervention does not contribute to discriminatory structures, norms and practices. The intervention does not have an explicit commitment to human rights in terms of expected results. Elements related to capacity development or advocacy may be included in the intervention.
The extent to which the normative human rights criteria of affordability, availability, acceptability, and accessibility are fulfilled. In the context of the WSPST, the concepts would mean that (1) services are free to beneficiaries or the costs are affordable (affordability), (2) the services are available at a reasonable distance (availability) , (3) the technologies used are acceptable to the users and the facilities are of adequate quality to meet the needs of the beneficiaries (acceptability), (4) services are accessible to the final beneficiaries (accessibility).
Human rights progressive
Score 3 Application of human rights as a process and partial integration as expected results: The development intervention adheres to human rights principles in its processes and includes expected results that further the respect, protection or fulfilment of human rights. The needs, concerns and capacity of different duty- bearers and right-holders - especially vulnerable groups - are addressed in the project activities and expected results. Disaggregated data is systematically used and analysed when planning and monitoring the interventions and their results.
However, root causes in legislation, customs, norms and practices might be unattended to by the intervention. Elements of capacity development or advocacy may be included in the intervention.
The extent to which the normative human rights criteria of affordability, availability, acceptability, and accessibility are fulfilled. In the context of the WSPST, the concepts would mean that (1) services are free to beneficiaries or the costs are affordable (affordability), (2) the services are available at a reasonable distance (availability) , (3) the technologies used are acceptable to the users and the facilities are of adequate quality to meet the needs of the beneficiaries (acceptability), (4) services are accessible to the final beneficiaries (accessibility).
Human rights transformative
Score 4 Application of human rights as a process and full integration in terms of expected results, with explicit focus on capacity development and advocacy work: The development intervention actively seeks to transform societies and eliminate discrimination by addressing root causes in legislation, customs, norms and practices, in line with human rights standards and principles. Human rights guide the identification of expected results. Determined action is directed towards capacity development and advocacy. Accountability is emphasised as programming is explicitly framed in terms of rights and obligations. The development intervention is couple with a strategic policy dialogue on specific human rights concerns relevant to the intervention.
The extent to which the normative human rights criteria of affordability, availability, acceptability, and accessibility are fulfilled. In the context of the WSPST, the concepts would mean that (1) services are free to beneficiaries or the costs are affordable (affordability), (2) the services are available at a reasonable distance (availability) , (3) the technologies used are acceptable to the users and the facilities are of adequate quality to meet the needs of the beneficiaries (acceptability), (4) services are accessible to the final beneficiaries (accessibility).