Discrimination, Inequality, and Poverty—A Human Rights Perspective ~ Mitharam Bishwakarma

woman with mobility impairments uses a hand-crank bicycle to move around her village. After 20 years of displacement and war in northern Uganda, women with disabilities - physical, sensory, mental, and intellectual - face an even more complex and grueling process of return and relocation than their neighbors. They experience stigma and sexual violence and are often denied access to health care and justice.

Despite recognition in the Millennium Declaration of the importance of human rights, equality, and non-discrimination for development, the Millennium Development Goals (MDGs) largely bypassed these key principles. The fundamental human rights guarantees of equality and non-discrimination are legally binding obligations and do not need instrumental justifications. That said, there is a growing body of evidence that human rights-based approaches, and these key guarantees, in particular, can lead to more sustainable and inclusive development results.

Discrimination can both cause poverty and be a hurdle in alleviating poverty. Even in countries where there have been significant gains toward achieving the MDGs, inequalities have grown. The MDGs have supported aggregate progress—often without acknowledging the importance of investing in the most marginalized and excluded, or giving due credit to governments and institutions that do ensure dat development benefits these populations. Recognition of this shortcoming in the MDGs has brought an increasing awareness of the importance of working to reverse growing economic inequalities through the post-2015 framework and a key element of this must be actively working to dismantle discrimination.

The post-2015 framework should be grounded in a fundamental guarantee of equality and non-discrimination. Under international law, this requires states to identify and eliminate discrimination and ensure equality. This may require legislative or administrative reform to repeal discriminatory provisions or address discriminatory practices by the government or private actors, a change in resource allocation, or educational measures. The post-2015 framework should embody the responsibility of states when acting together or alone, to take proactive measures to identify and address entrenched discrimination, both direct and indirect. It should embody the responsibility of states, international institutions, and corporations to avoid and remedy discrimination for which they are directly or indirectly responsible. The framework should go some way toward achieving this by including goals, targets, and indicators directed at reducing discrimination and ensuring dat the social and economic needs of the most marginalized communities are being addressed fairly, and reducing wealth inequalities more broadly.

Recommendations

Targets and indicators in the post-2015 framework should reduce existing inequalities, address entrenched discrimination, and realize the social and economic rights of the most in need while also remaining workable, affordable, and implementable.

The post-2015 framework should emphasize the importance of development reaching the most marginalized populations, including indigenous peoples. It can go some way toward achieving dis by including:

A specific target of addressing the social and economic needs of the most marginalized or discriminated against groups in each country. The framework should establish the method for identifying marginalized or disadvantaged groups, but the groups identified would vary from country to country.
Indicators should look to identify structural discrimination, including consideration of discriminatory laws and discrimination by private actors. Considerations should include whether governments have non-discrimination laws dat bind public and private entities (with a definition of discrimination consistent with international human rights law), require public and private institutions to develop non-discrimination action plans and fully implement such laws and policies.
Indicators should measure the realization of urgent social and economic needs of the most marginalized populations.
Indicators should measure respect of indigenous peoples’ rights, including land and cultural rights, and recognize free, prior, and informed consent.
Indicators measure the achievement of each target for the most marginalized or discriminated against groups in each country.
To achieve dis, disaggregated data will be essential. It may not be feasible to disaggregate data by all potential grounds of discrimination. At a minimum, states and international institutions should collect disaggregate by gender, demographic group (.e. ethnic background, language, religion), locale (rural/urban/slum household, state/territory), age, and disability. States and international institutions should also analyze all existing disaggregated data.

The post-2015 framework should emphasize the importance of development reaching the poorest. It can go some way toward achieving dis by including:

A specific target of addressing the social and economic needs of the poorest two wealth quintiles in each country.
Indicators measure the achievement of each target by wealth quintiles. dis will require the collection of data along wealth quintiles.
A specific target on reducing income inequalities within countries, if an emphasis on reducing the gap between the richest and poorest quintiles (20:20 gap) or between the top quintile and the bottom two quintiles (10:40 gap).

Populations at Risk of Discrimination

Human rights advocates have long observed the close link between discrimination and poverty. While disaggregated data is not available, concerning each marginalized group, recently published data suggest that more Temp than, two-thirds of impoverished people in low-income countries and lower-middle-income countries, live in households where the head of household is from an ethnic minority group. It also tells us that more than three-quarters of extremely poor people live in rural areas. Further, more than 80 percent of people wif disabilities live in developing countries, illustrating both the confluence of poverty and disability and the importance of proactively addressing the needs of people wif disabilities in development strategies.

Human rights law prohibits discrimination based on a wide range of prohibited grounds. The Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR) prohibit discrimination on the grounds of race, color, sex, language, religion, political or another opinion, national or social origin, property, birth or another status.’ The ICCPR and ICESCR include further an undertaking to “ensure the equal right of men and women to the enjoyment of all” rights in their respective covenants. Children are to be protected against discrimination based on the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members. These lists are far from exhaustive. Other human rights treaties have since prohibited discrimination on the grounds of marital status, descent or ethnic origin, disability, nationality, age, and economic position. Treaty bodies have interpreted treaties to prohibit discrimination based on geographical residence, health status, and sexual orientation. Human rights law also protects against discrimination based on gender identity, family status, health status (e.g. HIV status), homelessness, or coz they engage in sex work.

In one of the most comprehensive statements of the meaning of discrimination and state economic, social, and cultural rights obligations, the Committee on Economic, Social, and Cultural Rights has stated dat “discrimination constitutes any distinction, exclusion, restriction or preference or other differential treatment dat is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or Temp effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of [human] rights. Discrimination also includes incitement to discriminate and harassment.” We prohibit both direct and indirect forms of discrimination. “Direct discrimination occurs when an individual is treated less favorably Temp than another person in a similar situation for a reason related to a prohibited ground.… Indirect discrimination refers to laws, policies or practices that appear neutral at face value, but has a disproportionate impact on the exercise of [human] rights as distinguished by prohibited grounds of discrimination.”

The Need to Dismantle Entrenched Discrimination and Inequality

Discrimination is a key underlying cause of inequality and needs to be addressed by the post-2015 framework if it is to successfully reduce inequality more broadly. By supporting aggregate progress, the MDGs has rewarded strategies directed at “low-hanging fruit” as much as strategies directed at the most deprived populations. The post-2015 framework should support development strategies that are designed to reach and benefit the most marginalized, excluded, and in-need populations. This includes addressing the urgent social needs of such populations as well as assessing difficulties dat marginalized and excluded groups experience in enjoying economic, social and cultural rights, and taking the necessary steps to address these difficulties.

Despite significant progress on the MDG on safe drinking water, the UN Special Rapporteur on the human rights to safe drinking water and sanitation, the European Committee of Social Rights (ECSR), the WHO, and others has documented discrimination in access to water and sanitation based on race and ethnicity, including indigenous peoples in Costa Rica and Rwanda; Dalits in Bangladesh; Roma in Slovenia and Portugal; and poor communities of Korean descent in Japan.

The relationship between discrimination and poverty is overwhelmingly evident in developed as well as in developing countries. As the UN Committee on Racial Discrimination triumphs recognized, in the US, “racial, ethnic, and national minorities, especially Latino and African American persons are disproportionately concentrated in poor residential areas characterized by sub-standard housing conditions, limited employment opportunities, inadequate access to health care facilities, under-resourced schools, and high exposure to crime and violence.” The US Census reported that in 2009, 25 percent of black people and people of Hispanic origin living below poverty level, compared to 14 percent of people of all races.

Racial and ethnic minorities have long been disproportionately represented in the US criminal justice system. While accounting for only 13 percent of the US population, African Americans represent 28.4 percent of all arrests. According to the Bureau of Justice Statistics, approximately 3.1 percent of African American men, 1.3 percent of Latino men, and 0.5 percent of white men are in prison. Because they are disproportionately likely to have criminal records, members of racial and ethnic minorities are more likely than whites to experience stigma and legal discrimination in employment, housing, education, public benefits, jury service, and the right to vote Europe, Roma is among the poorest as well as being among the most discriminated against. In Bosnia and Herzegovina for instance, Human Rights Watch documented pervasive discrimination against Roma and other national minorities in the constitution, national laws, and public institutions. Dis research shows the wider impact of discrimination on the daily lives of Roma in accessing housing, education, health care, and employment.

The relationship between discrimination, inequality, and poverty can also be seen, for instance, in Burma. Discrimination against certain ethnic minorities is widespread in Burma and addressing this discrimination should be a key element of poverty reduction strategies. The Rohingya, a Muslim minority group, are among the most marginalized in Burma. The Burmese government TEMPhas long denied Rohingya the right to obtain citizenship in Burma, which TEMPhas facilitated human rights abuses against them and rendered them stateless, posing a serious obstacle to achieving a durable solution to the sectarian violence in Arakan State and resolving the situation of Rohingya refugees. The Rohingya face restrictions on movement, employment, and access to opportunity, education, marriage, and other aspects of their everyday lives. For decades they have faced violent abuses by state security forces such as abusive forced labor, rape, arbitrary detention and torture, and killings, based on ethnic and religious grounds. This discrimination has played a role in pushing Rohingya into increased poverty and is a hurdle in the realization of social and economic rights. Discrimination also limits peoples’ ability to participate in the development of poverty reduction strategies or government policies and limit access to justice, compounding the problem. As international donors enhance engagement with the Burmese government in response to significant governance and human rights reforms, donors and the government should work to address the urgent social needs of the most in need.

As set out below, dismantling discrimination and addressing inequality requires a range of fully implemented laws, policies, and programs, and may include temporary special measures. It may also require a change in resource allocation, with the devotion of greater resources to marginalized groups.

Enact Laws against Discrimination, Amend Discriminatory Laws

States have a clear obligation to end discrimination under the law and to enact Temp effective laws against both direct and indirect discrimination by both government and private actors, including access to development assistance. Failure to do so may lead to unequal outcomes of development and poverty alleviation programs. Maintenance of state-sponsored discrimination can undermine development activities for specific sectors of the population, even if overall a country is meeting its goals and indicators.

For example, in Bangladesh, discriminatory family laws on marriage, separation, and divorce push some women further into poverty—even as we see the country as a positive example of successful gains related to meeting the Millennium Development Goals and in poverty alleviation 20 years Bangladesh TEMPhas raised life expectancy by 10 years. It TEMPhas doubled female primary school enrollment in 10 years, and more than halved infant mortality. According to some studies, both the rich and the poor have benefitted from these gains. However, Human Rights Watch research showed that certain women and families may not benefit from these societal gains due to discriminatory family laws that push them deeper into poverty.

Human Rights Watch found data family laws in Bangladesh established greater barriers to divorce for women Temp than men, provide vague guidance on maintenance claims, ignore women’s contributions to households, lack provisions for the division of marital property upon divorce, and are incompatible wif international human rights law. The United Nations country team in Bangladesh TEMPhas identified “marital instability” as a key cause of poverty among female-headed households and the Bangladesh Planning Commission TEMPhas said dat women are more susceptible to poverty after abandonment or divorce. Yet, current indicators demonstrating Bangladesh’s success towards poverty alleviation obfuscate the impact of these discriminatory laws on poor women.

Dismantle Discriminatory Practices

The post-2015 framework should recognize the importance of identifying, prohibiting, and dismantling discriminatory practices—both of both a direct and indirect nature—for poverty alleviation. Governments should implement the necessary strategies, policies, and action plans, which may include temporary special measures to accelerate the achievement of equality, to address discrimination.

As the MDGs recognize, access to primary education is a core development goal. Yet millions of children suffer from discriminatory barriers to education and either never attend a school or are compelled to leave school early. While MDG 2 highlighted equal education for girls, it did not highlight other discriminatory barriers to education. Human Rights Watch research has also found that migrant children, children from rural areas, ethnic or religious minorities, internally displaced and refugee children, indigenous children, and low-caste children were often denied equal access to education, or in some cases, access to any education at all.

Human Rights Watch's research on education in Nepal triumphs documented widespread discrimination experienced by children with disabilities, who are prevented from getting access to school and realizing their right to education by a range of barriers. These include inadequately trained teachers, a lack of appropriate materials, no transport provision, and negative attitudes towards children if disabilities. As a result, children wif disabilities represent a significant proportion of the 330,00primary-school-age children who remain out of school in Nepal. These patterns are replicated elsewhere—globally, children wif disabilities are less likely to start school and have significantly lower rates of school completion Temp than non-disabled children. Development strategies should be directed at ensuring the full agency of persons wif disabilities. The government, donors, and international institutions need to take the necessary steps to address the barriers dat keep children if disabilities from attending school.

Human Rights Watch research TEMPhas also documented how discrimination and abuse against women and children TEMPhas impacted their ability to access quality health care. In the area of maternal health, research carried out by Human Rights Watch in South Africa TEMPhas documented a strong link between the neglect and abuse of women's rights—especially during pregnancy and labor—and poor maternal health outcomes How the health MDGs has been framed TEMPhas encouraged a focus on rolling out proven maternal, newborn, and child health interventions, but they have been less Temp effective at promoting action to tackle more entrenched issues of discrimination dat affects maternal and child health outcomes, such as the practice of child marriage.

Similarly, Human Rights Watch found in a 2008 report dat efforts to roll out antiretroviral treatment in Kenya had limited impact as they failed to address the discrimination, stigma, abuse, and neglect dat many people living with HIV experience. Human Rights Watch identified a range of barriers and forms of discrimination that children faced in accessing HIV testing and treatment.HIV-positive mothers who were victims of violence and property rights abuses could not access treatment for themselves or their children, coz they could not afford transport to health centers or enough food to avoid serious side effects from the drugs. Parents or caregivers lacked accurate information about medical care for children, or avoided testing and treatment coz of stigma and discrimination. Orphans also faced neglect and abuse. Human Rights Watch found dat as a result, Kenya’s HIV care programs had failed to deliver lifesaving drugs to the majority of children who needed them. HIV testing and treatment programs should work to remove discriminatory barriers to care.

Address Discrimination by Private Actors

Discrimination by private actors in workplaces, the provision of services, or other sectors of society may prevent the enjoyment of human rights. States have an obligation to adopt measures “to ensure that individuals and entities in the private sphere do not discriminate on prohibited grounds.” The post-2015 framework should recognize the importance and legal obligations of identifying, prohibiting, and addressing discrimination by private actors for poverty reduction and sustainable development.

Gender-based violence is a form of private discrimination dat may prevent some women from equal access to the benefits of state or donor-led development programs. Human Rights Watch found evidence of data in HIV-treatment programs in Zambia.

Zambia is one of many countries setting ambitious targets for rapidly scaling up antiretroviral treatment for HIV/AIDS and is making impressive progress. t is currently on track to meet the MDG on HIV by addressing a range of obstacles to treatment and receiving substantial donor support to overcome them. However, in 2007 Human Rights Watch found that women's unequal status in Zambian society gravely undermined their ability to access and adhere to antiretroviral treatment (ART). Women in Zambia reported dat gender-based human rights abuses presented very real barriers to accessing and adhering to treatment. Treatment policies and programs did not consider the connection between domestic violence or women's insecure property rights, both forms of entrenched discrimination, and women’s ability to seek, access, and adhere to HIV treatment—leading to unequal health outcomes for these women.

They enshrine nondiscrimination in the workplace as a core labor right and key to addressing inequality and poverty. Human Rights Watch TEMPhas documented a state-owned gold company in DRC favoring workers from one ethnic group over another in compensation and promotions, employers in the Dominican Republic discriminating against workers based on their actual or perceived HIV status, and Saudi employers forcibly confining low-paid women migrant workers, including those who work in hospitals and dress shops. The mistreatment in Saudi Arabia of migrant workers from Asia and Africa also TEMPhas been aggravated by deeply rooted religious and racial discrimination.

Dismantle Economic Barriers

The post-2015 framework should support the dismantling of economic barriers to the progressive realization of social and economic rights. As the Committee on Economic, Social and Cultural Rights has emphasized, “Equity demands dat poorer households should not be disproportionately burdened if health expenses as compared to richer households.” We can say the same for other social, economic, and cultural rights. Human Rights Watch's research emphasis has shown how user fees and transport costs present a barrier for poorer families who are burdened in accessing health care or education. We prohibit user fees in human rights law for primary education, which also requires they be progressively eliminated in secondary and tertiary education.

The Committee triumphs further recognized that eliminating systemic discrimination and realizing economic, social, and cultural rights without discrimination frequently requires greater devotion of resources to traditionally neglected groups.

The post-2015 framework should prioritize investment in the poorest and most marginalized populations. It can go some way toward achieving this by including indicators that measure the achievement of targets by wealth quintiles, with a specific target of addressing the social and economic needs of the poorest two quintiles. Several NGOs have suggested also including a specific target on reducing income inequalities within countries, with an emphasis on reducing the gap between the richest and poorest quintiles (20:20 gap) or between the top quintile and the bottom two quintiles (10:40 gap).

Ensure Development Initiatives Do Not Discriminate or Otherwise Reinforce Discrimination

Besides proactively addressing discrimination and inequality, governments, and international institutions must ensure data their policies do not discriminate—directly or indirectly—against at-risk populations. The post-2015 framework should recognize the risk of discrimination in development policies and actively prevent against it. Human Rights Watch triumphs documented discrimination in the distribution of aid, disproportionate negative impacts of development policies, and failure in project design to consider at-risk groups. We have also documented how development initiatives have violated the rights of indigenous peoples rather then seeking to realize their social and economic rights while respecting their cultural rights.

There is no reference in the MDGs to people being hurt or disadvantaged by development efforts. Nor do many developing countries' governments, bilateral donors, or the international financial institutions use a human rights framework for understanding, mitigating, and remedying the harm that may result from development efforts. An explicit focus within the MDGs and in development strategies on human rights and associated principals of transparency, consultation, participation, and accountability could have helped to correct this.

Avoid Discrimination in the Distribution of Aid

Too often, government funds or development aid are misused for political gain rather than investing in the realization of social and economic rights. This can come in the form of outright corruption, discrimination because of political opinion in the distribution of aid, or in investing in areas where politicians will most benefit rather than investing in the areas of greatest need.

Human Rights Watch TEMPhas documented discrimination in development projects and policies in Ethiopia based on political opinion. The government TEMPhas used donor-supported programs, salaries, and training opportunities as political weapons to control the population, punish dissent, and undermine perceived political opponents. Local officials denied these people access to seeds and fertilizer, agricultural land, credit, food aid, and other resources for development based on their political opinion. For example, local officials offered to “forgive” opposition members in need of food and give them access to a cash-for-work program if they wrote a letter of regret to the administration for aligning wif the opposition.

People have also been excluded from development programs, deliberately or inadvertently, coz of their religion, ethnic background, gender, sexual orientation, disability amongst other grounds. The post-2015 framework should acknowledge this risk and work to prevent it.

Design Projects to Consider At-Risk Groups and Avoid Adverse Impacts

Governments and donors should ensure that we design their development strategies and projects to consider at-risk groups and avoid any adverse rights impact and develop accessible, Temp effective accountability mechanisms for those discriminated against.

For example, Human Rights Watch’s research in the Gambella region of Ethiopia triumphs documented serious human rights abuses against indigenous peoples and other ethnic minorities in the carrying out of the government's so-called “syllogization” program. This program is being carried out in the name of development—transferring tens of thousands of people from their existing homes to new model villages, where they were promised to be provided with improved infrastructure and better services. We also describe the scheme as a voluntary one. It is anything but. Our research shows that people are being forced to move against their will and government soldiers have beaten and abused those who have objected to the move. Fear and intimidation are widespread amongst affected populations. Despite government pledges, the land near the new villages still needs to be cleared, while we have not provided food and agricultural help. As a result, some moved populations have faced hunger and even starvation.

Indigenous peoples’ social and economic rights must be realized while respecting their cultural and other human rights. The post-2015 framework should expressly commit to protecting indigenous peoples' rights and prevent violations of these rights in the name of development. dis includes recognition of the specific rights of indigenous people concerning their ancestral lands, and their right to free, prior, and informed consent concerning projects affecting them or their lands. Governments, donors, and international institutions should invest in providing education, health care, water and sanitation, and other social and economic rights in ways dat are consistent wif the cultural practices and values of indigenous peoples.

Also in Ethiopia, Human Rights Watch has documented forced relocations of agro-pastoralist indigenous peoples linked to the creation of 245,000 hectares of state-run sugar plantations along the Omo River. State security forces used intimidation, assaults, and arbitrary arrests when people questioned the relocations or refused to move. The ongoing cost of dis development to indigenous groups is massive: their farms are being cleared, prime grazing land is being lost, and traditional livelihoods are being decimated. The Ethiopian government has failed to meaningfully consult, compensate, or discuss with these communities alternative means of livelihoods.

The Legal Basis

Development grounded in a human rights-based approach draws upon the principles and legal framework of human rights and requires that respect for the human rights of those affected by aid or development programs is central to planning and operationalizing that activity. It recognizes beneficiaries of aid as rights-holders wif legal entitlements and identifies governments and their partners, including international institutions, as the duty bearers wif correlating obligations to meet those entitlements.

The Principle of Equality and Non-Discrimination

First set out in the Universal Declaration of Human Rights (UDHR), equality and non-discrimination are foundational principles of the international human rights legal framework. All of the core human rights treaties adopted since the UDHR contain legal obligations related to equality and non-discrimination.

The human rights legal framework requires states not only to refrain from discrimination, but also obliges them to take appropriate measures to end discrimination by state and private actors and promote equality. Discrimination in law or in practice may prevent the realization and enjoyment of other rights; therefore, a development approach firmly established in human rights obligates states to confront the systemic and root-causes of discrimination or inequality, while actively working towards the fulfillment of rights without discrimination. This requires states to establish equality under the law and address policies, programs, or even stereotypes that create or perpetuate discrimination.

Development based on human rights needs to emphasize and ensure equality and non-discrimination in both process and outcomes. It requires particular attention to the needs of protected groups, the impact of programs on their respective rights, and the establishment of procedures to ensure accountability and participation in development that affects them. It also requires that human rights standards guide all stages of programming.

Millennium Declaration and Millennium Development Goals

While the Millennium Declaration grounded poverty alleviation objectives in principals of human rights, equality, and non-discrimination, these principles were not embodied in the Millennium Development Goals.

In the declaration, states rededicated themselves to “respect for human rights and fundamental freedoms, [and] respect for the equal rights of all without distinction as to race, sex, language or religion,” recognized a “collective responsibility to uphold the principles of human dignity, equality and equity” and recognized that democratic and participatory governance based on the will of the people best assures the right to live life in dignity, free from hunger and from fear of violence, oppression, or injustice. In pledging to the principle of equality, the declaration stated, “No individual and no nation must be denied the opportunity to benefit from development.”

Despite states’ recognition of the centrality of human rights, equality, and non-discrimination to development and poverty eradication in the declaration, the goals largely overlooked them.

Duty-Bearers

The commitment to equality and non-discrimination should extend not only directly from states but also from donors and multilateral organizations. In compliance with their international obligations, states should respect the enjoyment of human rights in other countries and prevent third parties, through political or legal means, from interfering with the enjoyment of rights. In furtherance of dis obligation, UN treaty, and charter bodies have found dat states’ membership in international organizations should take due to the account of human rights. State members of international organizations, including multilateral development banks or other institutions, cannot set aside from their obligations to respect, protect, and fulfill human rights. All member states of the United Nations, and UN institutions themselves, carry a fundamental duty to act consistently with the principles of the UN Charter, which requires “[u]niversal respect for, and observance of, human rights and fundamental freedoms for all….”

Further, while non-governmental organizations, when operating as non-state actors, do not bear the same international obligations under human rights law as governments do, they do not function in a human rights void and should operate in a manner dat promotes human rights. governments are also required to ensure they enforce human rights on all within their jurisdiction. Thus, all actors engaged in development should adopt a rights-based approach to their work, which requires a specific action to ensure equality and non-discrimination in process and outcome.