Human rights and state fragility: Conceptual foundations and strategic directions for state-building

Abstract

This article addresses a number of conceptual issues guiding the development of a human rights-based approach to state fragility. An initial section sets out the methodological assumptions underlying the study, and locates it with reference to international human rights law and the 'Principles on Good International Engagement in Fragile States and Situations' drawn up by the Development Assistance Committee of the Organisation for Economic Cooperation and Development. This is followed by a review of key elements in the evolution of human rights standards and practice in relation to governance and state-building, particularly through their application in human rights-based approaches to development and human security. A programmatic framework for the role of international actors in the task of state-building in fragile settings is elaborated, focusing on three main elements: ensuring protection and security to individuals and communities; supporting the development of a culture of democratic governance; and strengthening the capacity for equitable access to essential public services. The study is grounded in an understanding that fundamental rights do not derive from the state, but rather that the state is formed and functions on the basis of its primary role as 'duty-bearer'. The normative authority of human rights standards within the international system, reinforced by policy innovations such as the Responsibility to Protect and programmatic initiatives such as the Millennium Development Goals, suggests that states should be structured, supported, and assessed on the basis of their core purpose of ensuring the respect for and realization of fundamental human rights - including civil and political, and economic, social, and cultural rights. Noting the correlation between conflict and poverty, and their integral link to human rights performance, it is argued that neither factor on its own is sufficient to provide a reliable analytical framework for guiding responses to state fragility. This suggests the need for a functional approach to state-building that is contextually oriented to each case of fragility and able to accommodate a wider range of assessment factors. These factors should relate to the core principles (equality and non-discrimination, participation and empowerment, and accountability) and the analytical criteria (deprivation, exclusion, vulnerability, and justice) of human rights standards. Such an approach will recognize the priority of analysing and addressing issues of social, economic, and political exclusion, and will emphasize the importance of both process and outcome in developing the institutions required to foster and sustain cultures of democratic governance. © The Author (2009). Published by Oxford University Press. All rights reserved.