REFLECTIONSDAY 1

DAY 2

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials that means The rule of law means that government officials and citizens are bound by and abide by the law.The rule of law has been considered as one of the key dimensions that determine the quality and good governance of a country.

Rule of Law

• To Impose Legal Restraints on Government Officials

“Government actions must have positive legal authorization (without which the

action is improper); and no government action may contravene a legal prohibition

or restriction”

• To Maintain Order and Coordinate Behavior and Transactions Among

Citizens.

Functions of Rule of Law

Rule of Law & Human Rights: Essential Nexus

• Human rights can’t be guaranteed if rule of law is non existent in any country.

• It is rule of law that ensures non violability of human Rights.

• It has been widely experienced and acknowledged all around the world that dearth of rule of law has been resulting in human rights violation because such situations gives free hand to violators .Therefore, in order to ensure provision and practice of human rights, a nexus of rule of human rights and rule law should be essentially established.

RULE OF LAW: Group Work

1. Why Development needs rule of law for peacebuilding

2. Why development needs rule of law for sustainable development

3. Why development needs rule of law for the elimination of gender based

violence

4. Why development needs rule of law for democratic governance

Rule of Law & Peacebuilding

Rule of Law assistance aims to:• establish immediate post-conflict stability and security• provide a mechanism for the peaceful management and settlement

of conflicts • address underlying conflict grievances• prevent the (re)emergence of violent conflicts

the advancement of the rule of law […] is essential for

sustained and inclusive economic growth, sustainable

development, the eradication of poverty and hunger and the

full realization of all human rights and fundamental freedoms

including the right to development, all of which in turn

reinforce the rule of law

Rule of Law & Sustainable

Development

Rule of Law & Gender Based Violence

GBV is a multifaceted problem that by its nature involves the justice system

because acts of violence are violations of fundamental human rights and

are usually criminalized in domestic law. The GBV Strategy defines GBV as:

violence that is directed at an individual based on his or her biological sex,

gender identity, or perceived adherence to socially defined norms of

masculinity and femininity

Rule of Law & Democratic Governance

• Rule of law prevails in the democratic governance where the governance of the systems is aligned with the law

• The democratic governance perspective reflects the existence of rule of law

• The decision making and policy making is participatory that strengthens the democratic governance and ultimately contributes towards rule of law

STRATEGIES FOR HUMAN

RIGHTS WORK

Strategy is not a mystery… Strategy is not a single decision, but rather a coming together of many decisions such as:

the selection of a specific problem to address

what goals for change you want to achieve

what resources and allies can be engaged;

and decisions on which tactics to use and when.

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat. – Sun Tzu

What is strategy? strategy is the thinking aspect of planning a change, organizing something, or planning a war.

It lays out the goals that need to be accomplished and the ideas for achieving those goals.

Strategy can be complex multi-layered plans for accomplishing objectives and may give consideration to tactics.

Tactics They are the “doing” aspect that follows the planning.

Tactics refer specifically to action.

In the strategy phase of a plan, the thinkers decide how to achieve their goals. In other words they think about how people will act, i.e., tactics. They decide on what methods will be employed to fulfill the plan.

Strategic Effectiveness method

Strategic Effectiveness Method is a method that provides a framework, processes, and tools for you and your organization to build your strategic and tactical capacity for human rights work

The method helps in applying Sun Tzu’s three sources of knowledge (the ancient Chinese strategist)

Know Yourself, Know Your Opponent and Know the Territory to develop more effective action planning

Strategic effectiveness method

1.Identifying the problem

Human rights problems are often large and complex, while the resources to address them are limited.

Its important to take time to know yourself, prioritize and focus your energy on a specific aspect of the problem where you can build make an impact.

2.Create a vision

A vision describes the hoped for outcome of all the work you do to make the world better.

Communicating a clear vision can inspire and motivate others. It invites them to join with you, to act together as a community.

• What would you like to change in the world?• What would that actually look like?• What you hope for the world ?• It ensures that more people are included,

empowered to participate and realize their human rights.

3. Map the terrain Who has an interest in the problem?

Who can you engage in your vision?

We work in our own unique local context?

It is critical to expand the knowledge of yourself and your opponents regarding the network of human relationships surrounding the problem. We call this the terrain.

There are strategy tools to map out the ground of human relationships, including identifying the people, groups and institutions working both for and against change.

Mapping the terrain of relationships allows you to identify more opportunities for intervention.

It enables us to assess our resources, prepare for opponents, identify more allies for cooperation, and utilize the most effective tactics.

4.Explore tactics

Tactics are the steps you take in the path towards your vision. Used well, they can build your influence and change the terrain of human relationships. Tactics can be an opportunity to empower those who have been left out to non-violently claim their human rights.

5.take action This step of the Strategic Effectiveness Method assists participants to create a plan to take action for implementing their strategic goals to help realize their long-term vision. All the work done in the previous exercises comes together to develop a plan to take action to move a strategic goal forward. This is how participants will take a step toward making their vision a reality.

CIVIC ENGAGEMENT

Civic Engagement

Civic engagement or civic participation is the encouragement of the general public to become involved in the political process and the issues that affect the community.

Civic engagement refers to the ways in which citizens participate in the life of a community in order to improve conditions for others or to help shape the community's future. This term has been used to date primarily in the context of younger people.

FORMS OF CIVIC ENGAGEMENT

Civic engagement can take many forms—from individual volunteerism to organizational involvement to electoral participation. It can include efforts to directly address an issue, work with others in a community to solve a problem or interact with the institutions of representative democracy.[1] Another way of describing this concept is the sense of personal responsibility individuals feel to uphold their obligations, as part of any community.

FORMS OF CIVIC ENGAGEMENT

Individual Voluntarism Organizational Involvement Electoral Participation Efforts to directly address issues

It involves acting upon your CARES and CONCERNS within your community

Civic Engagement By…

• Educating oneself on various issues

• Using one’s talents and resources

• Advocating for positive change

Civic Engagement Demands…

Being an effective and responsible citizen

Promoting the quality of life in a

community

Fulfilling your responsibility to humanity

Contributing ideas focused on a common

good.

Being actively involved in the political

and

Decision-making processes

Obstacles to Civic Engagement

1. Limited Access to Educational Resources

2. Limited Access to Informational Resources

3. Lack of financial resources4. Time Constraints

CIVIC COLLABORATION1. Prepare: Understand the context in which the issue will be addressed to assess community readiness. This phase ends with a decision to launch work on the public issue using civic engagement (public discussion, reflection and collaboration). 2. Inquire: Conduct dialogue to better understand all aspects of the issue. The presenting issue is explored and clarified to determine possible underlying issues. Deliberation occurs to frame the issue. 3. Analyze: Foster dialogue to explore various perspectives and viewpoints and deepen understanding of the issue. Deliberate to generate options. 4. Synthesize: Conduct dialogue to align the clarified issue with identified options. Deliberate to reach a resource FULL decision and translate the decision into a plan. 5. Act Together: Use created trust and relationships to take collective action to address the issue. (Implement.)

STAKEHOLDERS ENGAGEMENT

Who are stakeholders?

Direct Beneficiaries

Indirect Beneficiaries

Community Members

Government Authorities

Law Enforcement

Agencies

Civil Society Organizations

Stakeholders:Stakeholders are persons or groups who are directly or indirectly affected by a project, as well as those who may have interests in a project and/or the ability to influence its outcome, either positively or negatively.

Stakeholders may include locally affected communities or individuals and their formal and informal representatives, national or local government authorities, politicians, religious leaders, civil society organizations and groups with special interests, the academic community, or other businesses.

STAKEHOLDERS ENGAGEMENT

• Stakeholder engagement is foundational to effective

implementation of Human Rights.

• Meaningful stakeholder engagement is particularly

essential in an organizational efforts to meet its corporate

responsibility to respect human rights.

when planning stakeholder engagement in human rights due diligence

• Invest in a thorough identification of stakeholders and affected groups, and identify the best ways to engage them

• Process should be inclusive, participatory (creating a sense of ownership), accessible, transparent, credible, culturally-appropriate, context-specific and gender sensitive

• Engage early, not only when a decision is imminent or a situation is already escalating

• Establish clarity about process, goals and follow-up for all stakeholders involved and manage expectations proactively

• Seek feedback about their satisfaction with the process

KEY POINTS

when planning stakeholder engagement in human rights due diligence

• Remain flexible, adapting to changing conditions and new stakeholders emerging

• Do not put stakeholders at risk through engagement• Make sure the engagement process itself is rights-respective, e.g.

respects the right to privacy• Be aware of, and address power imbalances and other barriers to

engagement (language, culture, gender etc.)• Choose the right language for the right partner

KEY POINTS

Criteria that determines the selection of stakeholders

Legitimacy of the stakeholder group,

Their willingness to engage,

Their knowledge of the issues in question, and

If they have direct contact to affected and

vulnerable groups.

FORMS OF ENGAGEMENT

CHALLENGES OF ENGAGEMENT

1. Stakeholders might lack the capacity or willingness to cooperate with organizations and this might require investments in capacity and trust-building on the part of organizations

2. Stakeholder processes lose momentum over time3. Stakeholders do not feel they can really make an impact4. that their engagement needs are not met

5. or that they disagree with the company’s understanding of the goals of the process – though it might also be an indication that stakeholders are satisfied with the company’s progress and have therefore lost interest