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Raymond C. Offenheiser
Oxfam America
Susan H. Holcombe
Brandeis University
Two practitioners/thinkers take old ideas about human rights and make a new case for an
economic and social rights-based approach to development. Our mid-20th century prede-
cessors recognized—in Franklin D. Roosevelt’s Four Freedoms and in the Universal
Declaration of Human Rights—that a secure world requires a social contract that assures
everyone access to basic economic and social rights. In today’s globalized world, the pri-
vate sector and civil society join the state in influencing the ability of the marginalized to
enjoy basic rights. Pursuing a rights-based approach is an end to business as usual for
international development nongovernmental organizations (NGOs). NGOs will need to
move beyond supporting delivery of services to building the capacity of civil society to be
an organized and effective balance to the power of governments and of the private sector.
This transformation will have profound effects on the basic business plans, evaluation
systems, and staff competencies of international development NGOs.
Keywords: rights-based approach; human rights; economic and social rights; right to
development; civil society organizations; Oxfam; implementing rights;
social contract; the state and rights; justice; equity; globalization and
rights; legitimacy; rights
In the late 1990s, the members of the Oxfam International community under-
took a serious reexamination of their development programming, searching
for the common philosophical threads that united their development practice.
Our goal was to reach deep into our organizational cores and ask what we
believed was most important in the way development programs were being
Nonprofit and Voluntary Sector Quarterly, vol. 32, no. 2, June 2003 268-306
DOI: 10.1177/0899764003251739
© 2003 Association for Research on Nonprofit Organizations and Voluntary Action
268
conceived and implemented. Our hope was to find the essential elements for
forging a common project and building the trust and understanding among
our organizations, staff, and partners to carry it out.
This process of reflection and planning led us to conclude that the Oxfam
approach to development and humanitarian response was fundamentally
anchored in a rights-based perspective, with a particular focus on social, eco-
nomic, and cultural rights. At first glance, that was hardly surprising. Most
Oxfam staffs think that they have always supported human rights, and indeed
a cursory review of past programming would show a strong presence of
grants to partners representing the interests of marginal groups or arguing for
greater civil and political rights. Concern for rights has woven its way through
partner relations, probably throughout the history of most Oxfam affiliates.
Yet rights had never been articulated as the overarching framework for our
development practice. The funding portfolio of Oxfam field offices contained
a wide range of programs, from social service delivery to hard-edged human
rights work, but the concept that people have basic rights to livelihoods, social
services, security, voice, and protection from exclusion had not been fully
thought through and developed.
The conscious choice to center all programming on a rights-based approach
and to emphasize economic, social, and cultural rights represents a major shift
for all Oxfam affiliates (Oxfam International, 2000). It forces each organization
to reexamine its funding portfolio and to ask some tough questions about the
relevance of particular partner relations to a rights-based agenda within each
country. It compels a deeper examination of the state’s role as the guarantor of
rights, and of the means that individuals require to exercise those rights. It
requires us to look at civil society as an essential vehicle for citizens to amplify
their voice and counterbalance governmental and private-sector power in
shaping the social contract. It reframes the discussion about effect, evaluation,
and development practice. It suggests the need to examine the core of the
Oxfam business model and see if it really supports a rights-based approach. It
raises serious questions about staff competencies and the ability to envision
and support programs that are rooted in a rights perspective.
This article explores some of the rationales that have led Oxfam Amer-
ica—as a member of Oxfam International—to embrace a rights perspective, as
well as the conceptual constructs that support the new paradigm and the chal-
lenges to implementation it poses. The first section probes the historical cir-
cumstances that have marginalized economic and social rights and focused
international dialogue on political and civil rights. The second section ana-
lyzes the philosophical and conceptual foundation that supports implementa-
tion of a rights-based approach in development practice and humanitarian
response. The final sections explore the organizational and management chal-
lenges that flow from the use of the rights-based model as an organizing prin-
ciple for development practice.
1. How are the public goods or technical knowledge delivered to the poor?
2. What is the missing input or catalyst—seeds, nutrition, or family planning
strategy—that will power development?
3. Which crucible—state-led infrastructure expansion and industrialization,
or the market—can most efficiently reduce poverty and spur development?
where income distribution has grown more equal (World Bank, 2000). Despite
what seems to be a deliberate character to the sustained impoverishment in
some societies, we lack systems to hold governments and economic institu-
tions accountable for their actions or inaction. Government efforts to address
problems are half-hearted or underfunded, or promised funds are diverted
into the pockets of urban-based actors who make a profitable career as gate-
keepers of foreign-aid programs. The poor are treated as objects of charity
who must be satisfied with whatever crumbs drop their way.
The rights-based approach envisions the poor as actors with the potential
to shape their own destiny and defines poverty as social exclusion that pre-
vents such action. Instead of focusing on creating an inventory of public goods
or services for distribution and then seeking to fill any deficit via foreign aid,
the rights-based approach seeks to identify the key systemic obstacles that
keep people from accessing opportunity and improving their own lives (Cen-
ter for Economic and Social Rights, 1995). From the very outset, the focus is on
structural barriers that impede communities from exercising rights, building
capabilities, and having the capacity to choose.
Viewed in this fashion, development is about assisting poor communities
to overcome obstacles rather than about never-ending pursuit of grants for
social goods. It assumes that poor people have dignity, aspirations, and ambi-
tion and that their initiative is being blocked and frustrated by persistent sys-
temic challenges, such as apartheid, biased lending policies, and
nonfunctioning state social service delivery systems. It assumes that those
who are most directly affected know firsthand what institutional obstacles
thwart their aspirations and who are essential actors in deciding what to do
about it. Rather than imposing cookie-cutter solutions, this strategy is
anchored in the reality of local context. A primary problem, indeed, has been
the inability of outside actors to imagine adequately the situation confronting
the poor. Some of that blindness, ironically enough, is a byproduct of the emer-
gence of a rights-based culture in the late 20th century whose progress in civil
and political rights came at the cost of ignoring economic and social rights
(Lauren, 1998). The opportunity for change today depends on understanding
how the definition of human rights narrowed and must now be broadened.
The 1940s were a golden age for defining human rights, and economic and
social rights were integral to the dialogue. Franklin D. Roosevelt included
freedom from want as the third of the Four Freedoms established as an Ameri-
can objective in World War II. In 1944, Roosevelt called on Congress to find the
means to implement an “economic bill of rights” that focused on the right to a
livelihood and to social services. In 1948, the Universal Declaration of Human
Rights gave global recognition to economic and social rights. The framers of
the declaration, led by the first chairperson of the UN Commission on Human
Rights Eleanor Roosevelt (Glendon, 2001), were not fuzzyheaded idealists;
they understood how a failed social contract had contributed to the Great
Depression and two world wars. They saw the need for a new social contract
to prevent future war in an age of mass destruction.
Although the Covenant on Economic and Social Rights amplified the
meaning of these rights in 1966, the politics of the Cold War exerted constant
pressure that eventually focused the global human rights movement on politi-
cal and civil rights, relegating economic and social rights to the care of the mar-
ket.1 Generations of Americans have grown up believing that human rights
refer exclusively to civil and political rights. In the United States, the Cold War
increasingly was seen as a competition between economic systems—between
capitalism and markets on one hand, and socialism and state planning on the
other. In addition, from the perspective of the ultimate winners, this incorpo-
rated the struggle for human rights, which was depicted as a zero-sum battle
between freedom and the tyranny of an “evil empire,” between individual lib-
erty and the power of the state.
Attempts, chiefly from the South, to raise concerns about economic rights
(e.g., the New International Economic Order) were isolated by the
dichotomized mind-set of the Cold War. The end of the Cold War certified the
failure of the totalitarian socialist model, and accelerating globalization put
severe pressures on Western social democracies as well. Trade-led models of
economic growth combined with the internationalization of capital flows to
create a world economy modeled on an unregulated market economy
(McMurtry, 1998). The paradox is that economic globalization began leapfrog-
ging the frameworks of laws, norms, and civil societies that restricted excesses
and created domestic social stability within the very national economies
whose private-sector firms were now leading the way in world markets
(Korten, 2001). The absence of any clearly defined short-term threat to the
social order undermined the rationale for urgent assistance to reduce inequi-
ties during the 1990s, leaving globalization as the default development para-
digm. Globalization, to the world’s financial leaders, is about the integration
of markets. The solution to poverty was for third world countries to join the
bandwagon and reinvent themselves as emerging markets, dropping barriers
to imports and capital, cutting public budgets, and privatizing state assets to
create the conditions for optimal economic growth and profits. The assump-
tion is, as it has been for decades, that development is economic growth and
nothing more. If GNP is high, all is well with the world. This leaves political
and civil rights dominant in the human rights dialogue and in the discourse of
international affairs, giving free reign to imposition of market-based prescrip-
tions by multilateral financial institutions.
Meanwhile, civil society actors were left to confront not only the legacy of
failed social policies by the state but deep cuts in state spending. Globalization
offered no Midas touch for the problems of failed education systems,
countries in putting these issues on the public policy agenda. With this in
mind, Oxfam leadership moved to reposition its brand in the public mind as
centered on social and economic justice and implemented through a
rights-based approach (Oxfam International, 2000).
A RIGHTS-BASED FOUNDATION
FOR DEVELOPMENT PRACTICE
The Universal Declaration of Human Rights served as the Magna Carta for
human rights activism over the past 50 years. Without question, the human
rights movement, using the Declaration as an international norm, has made
significant contributions to promoting civil and political liberties. Unfortu-
nately, it has failed to address issues of poverty and social injustice.
In his paper, “The Human Rights Challenge to Global Poverty,” Chris
Jochnick (1999) presented a major challenge to narrow traditional approaches
to human rights. He argued that we have entered a new era and that human
rights activists and development theorists need to think outside the box and
devise new and more compelling ways of utilizing the Human Rights Charter.
One reason the vision has remained narrow, Jochnick argued, particularly
in the United States and to a lesser degree in Western Europe, is the predomi-
nance of a state-centered view of human rights. Continuing this practice in an
era of globalization renders one powerless to prevent or remedy violations of
social and economic rights by nonstate actors from beyond national borders.
Moving human rights beyond its state-centric paradigm serves two pur-
poses. First, it challenges the reigning neo-liberal extremism that trivializes
much public discourse about development and poverty, providing a rhetoric
and a vision to emphasize that entrenched poverty is neither inevitable nor
acceptable. Second, it provides a legal framework with which to begin holding
the most influential nonstate actors—corporations, financial institutions, and
third-party states—more accountable for their role in creating and sustaining
poverty.
contract by not securing these rights for his people. The French Declaration of
the Right of Man and Citizen stated that the rights of life, liberty, property,
security, and resistance to oppression were “natural, inalienable and sacred.”
Sengupta acknowledged that there are very few contemporary proponents
of natural rights but suggested a powerful argument for deriving economic,
social, and cultural rights from emerging global norms. The basic ideas behind
the social contract still exist and are codified within national constitutions
around the world. These legal documents provide the procedures and rules,
which national governments are expected to uphold, for protecting and pro-
moting individual and collective rights. The very existence of a regime of
rights is linked to the willingness of citizens to cede power and authority to the
state in exchange for certain protections of their human dignity under the
terms of a social contract.
For such social contracts, what is important is the acceptance by all parties
of a set of human rights that the state parties are obliged to fulfill. In the ulti-
mate analysis, human rights are those rights that are given by people to them-
selves. They are not granted by any authority, nor are they derived from some
overriding natural or divine principles. They are human rights because they
are recognized as such by a community of peoples, flowing from their own
conception of human dignity, in which these rights are supposed to be inher-
ent. Once they are accepted, through a process of consensus building, they
become binding at least on those who are party to that process of acceptance.
Taking this argument a step further, Sengupta reminded us that the interna-
tional community undertook just such a process of consensus building at the
Vienna Conference of 1993, which agreed that the right to development was a
human right. The Declaration of the Vienna Conference, as established in the
Declaration on the Right to Development, reaffirmed the right as universal,
inalienable, and an integral part of fundamental human rights.4 This declara-
tion, which was supported by the United States, stated that, “Human rights
and fundamental freedoms are the birthright of all human beings; their pro-
tection and promotion is the first responsibility of government” (Sengupta,
2000, pp. 1-2). It also committed the international community to the obligation
of cooperation in actualizing these rights. In the final analysis, development
emerged as a human right that reintegrated economic, social, and cultural
with civil and political rights in the manner envisaged at the beginning of the
post–World War II human rights movement. The world was returning to the
mainstream of human rights activism from which it had been deflected for so
many years by Cold War international politics.
Although the international community may have endorsed the right to
development through the Vienna declaration, debate and controversy still
surround the approval of this bold initiative (Katrougalos, N.D.). Moreover,
on a more practical level, one might note that because of the declaration’s
approval, the foreign aid budgets for most of the G-7 nations have seen a pre-
cipitous decline. The evidence suggests that the political leaderships of these
countries have invested little in selling this concept to their electorates and
Social contract
Constitution
Debate on
rights and
how state
manages State Economy Exclusion of
public goods segments of
society
Civil Society
Civil society actors
force but on the consent of the governed. This unwritten understanding is the
glue that holds a society and a nation together.
Our diagram presumes that the social contract defines the relationship
between the state and the economy. Figure 1 shows a somewhat limited inter-
section, depicting a state that retains regulatory control over some important
functions of the market and its various actors. One can also imagine other pat-
terns, for example, a socialist state in which the overlap or intersection
between state and economy would be almost complete (see Figure 1A). At the
other extreme, the free market model might push the economy apart from
state control toward minimal or no regulation. It might also shrink the power
of the state, so one could imagine a diagram in which the economy dwarfs the
state in terms of resources, power, and extraterritorial relationships.
Each nation is theoretically capable of setting the terms of this state/economy
relationship based on the nature of its political process and the substance of its
social contract. In reality, there are both external and internal constraints. Pres-
sures to abandon traditional social-service functions to reduce budget deficits
can come externally from multilateral financial institutions and capital mar-
kets or internally from export promotion or privatization policies. Even basic
public services like health and education may be affected. A national
Economy
State
State Economy
Economy
State
Figure 1A. Relationships Between the State and the National Economy
Social Contract?
Exclusion of
segments of
IFI’s UN WTO society
System
Civil Society
at the global level, and indirectly through their influence on state representa-
tives. The media aggressively promote their agendas. Finally, global networks
of national and international NGOs struggle even to get a seat at the table.
To translate many of the underlying assumptions of this model into a sim-
ple planning tool for staff, the Oxfams agreed to adopt a set of five basic pro-
gram aims (Oxfam International, 2000):
Each Oxfam has taken these core aims, which reflect the core elements of the
UN Human Rights Charter, and attempted to incorporate them into its institu-
tional strategy. In essence, the idea is to turn the right to development into a set
of succinct planning goals.
Global Governance
system
Civil
States Society
Non-state Media
actors Other civil
Elected society groups
officials
Private Sector Public monitor
Staff are asked to work with colleagues from their sister Oxfams to develop
regional and country plans that benefit one, two, perhaps even three of these
aims. For each aim, staff is expected to develop context-specific strategic
change objectives and outcome indicators to guide programming. Effective-
ness is to be measured by the effect of programs on specific policy and practice
changes that address critical barriers to opportunity.
Meanwhile, on a global level, staff working on policy and public education
is expected to use these same aims to plan global advocacy that aligns their
strategic choices with critical priorities of partners at the regional level. For
instance, concerns about the effect of the growing HIV/AIDS epidemic on
grassroots communities in and the health budgets of many African nations in
which we work has led Oxfam to the forefront of the global campaign for fairly
pricing pharmaceuticals to treat the disease. During the last 4 years, the
Oxfams have also carried out a campaign focusing on basic education. A
major strategic feature of this campaign has been its success at linking local
realities to global debates. The foundation for this campaign has been the
assertion that education is a basic human right, intrinsically linked to the UN
Charter, the provisions on social and economic rights, and a variety of subse-
quent UN summit documents. Now, broad concerns about the effect of trade
STRENGTHENING LEGITIMACY
THROUGH TRANSPARENCY
political and therefore likely to spark controversy. By asserting rights for live-
lihoods, basic services, security, and participation, a commitment is made to
changing the rules of the game, thus creating a new balance of power or social
contract. This process is Burkian rather than revolutionary. It seeks to trans-
form rather than overturn the system, to support incremental reforms that
may yield mixed results over the short and medium terms, but create an irre-
sistible momentum for long-term democratic change.
Keeping a steady course will not be easy because rights-based CSOs have
multiple stakeholders with overlapping, but not always convergent, interests.
Unlike private-sector firms accountable to boards and stockholders for return
on investment, or welfare/service delivery organizations accountable to
donors and recipients for efficient provision of services, economic and social
rights CSOs are accountable to donors, partner organizations, and allies for
results that may be differently perceived in the short run and that are not easily
described much less quantified. Donors understandably want to see concrete
results in the lives of poor people now. Investing to change the rules of the
game may appear quixotic or even radical to citizens and governments in the
North that view the struggle for economic and social rights through the Cold
War prism of the New International Economic Order or the now defunct
socialist model. Engaging private and public donors in the dialogue about a
new social contract is therefore essential to the transformative mission and
vision of an economic and social rights organization.
Dealing with tensions among diverse stakeholders requires careful listen-
ing to identify within the noise the area where interests converge and bringing
that to the fore. There is an essential synergy between the ability to communi-
cate the common purpose and the ability of strategic leadership to build
cross-functional focus on specific outcomes that fit into a rights-based vision.
Specific changes in rules, structures, and systems must be linked to an evolv-
ing social contract and demonstrably generate sustainable improvements in
people’s lives. One must also show that such changes are not a zero-sum
game, but cumulatively beneficial for all segments of global society. For exam-
ple, tariff protections for fledgling industries, real land reform, or protections
and living wages for workers in Mexico and Central America might be a better
long-term investment for North Americans than fortifying the Mexico-U.S.
border.
Communicating complexities requires more than the nanoseconds of
sound bites available in today’s world. Expanding the audience and its atten-
tion span starts with an investment in staff who combine communication
skills with a sophisticated understanding of the issues and players. Accessible
digests must be developed to show how long-term structural changes or
adjustments to the social contract result in win-win benefits. Benchmark indi-
cators and stories that make them personal must be captured at the local,
national, and global levels to show how changes have affected or failed to
affect the lives of individuals and communities. Will donors be willing to
support the shift in budget allocations required to pay for improved advo-
cacy? They will if they understand how the new priorities are not designed to
replace good fieldwork but extend it.
Rights-based Northern CSOs must learn to navigate the tensions that arise
in playing multiple roles. Contradictions need to be managed externally with
partners in the value chain, and internally with how work is compartmental-
ized and prioritized. An institution that funds, links, and learns to facilitate
the work of Southern CSOs is also an advocate in its own political space.
Because the competencies for being a facilitator and an actor differ—as do the
time frames for each kind of work—a Northern CSO must build internal
bridges between two skill sets and temporal perspectives to help everyone
pull together rather than pulling the value chain apart. Advocacy staff will
normally choose to focus on policy and practice changes that are achievable in
the medium term. Staff working with Southern partners are centered on
capacity building for the long haul and, in solidarity with their partners, may
demand advocacy that is long term, off the Northern CSO’s agenda, or un-
achievable. Special attention must be paid to shared political arenas, such as
advocacy with international institutions, where unequal financial and infor-
mation resources may keep the views of Southern partners from being fully
aired.
The differing demands of funding programs in the South and fund-raising
in the North can create separate cultures inside the organization, a problem
faced by all nonprofits but more acutely by Northern rights-based CSOs. As
resources move into capacity building and advocacy, results may become less
quantifiable and predictable. The grant-making staff, particularly those based
in the South, understand this. Knowing the realities that partner organizations
and their constituencies face, program staff is reluctant to commit to measur-
able short-term goals given the complexity of achieving socioeconomic
change. For example, if a country’s legislation creates barriers to savings and
credit services for small entrepreneurs, program staff may want to support
partners’ advocacy for legislative change rather than more microfinance, even
though the return on advocacy investment is unlikely to arrive for years.
Meanwhile fund-raisers in the CSO focus their efforts on donors—the life-
blood of any nonprofit. Professionally, they are accustomed to measuring per-
formance because fund-raising results are readily quantified periodically.
Their work also makes them impatient for results from the field because of the
need to explain to donors how money is “getting to the people who need it.”
This internal tension between grant makers and fund-raisers mirrors ten-
sions between Northern and Southern stakeholders over accountability. Man-
aging this tension thus becomes integral to the mission of creating a value
chain for real effect. Budgets are concrete expressions of agency priorities, and
they will reflect the new vision. Allocations for direct investment in grassroots
efforts that “get to the people who need it” will remain important because they
are the bedrock of institutional credibility. As more funds are funneled to
advocacy and to research, it will be the task of leadership and management to
make sure that the advocacy is achieving policy and practice changes that
make a difference at the local level.
Multiple roles bring reinforced results in Cambodia. Local laws that discrimi-
nate against particular groups of people generally bring wealth to others in
power. In Cambodia, Oxfam America has long worked with fishermen in poor
communities, supporting organizations that teach them how to protect their
environment and fishing resources.
However, the old parable about teaching a man to fish and he will eat for-
ever only works if the man has access to the pond. In Cambodia, laws entitle
powerful individuals to charge community members to fish in their tradi-
tional waters. Exhausted fish stocks, insufficient food for poor families, and a
climate of violence have been the result, and the situation is getting worse.
Real progress is impossible without a change in the law itself. As a result,
Oxfam supports local organizations working to reduce the power of the fish-
ing lot owners and to agitate for the enforcement of existing laws that protect
fishermen’s rights. This effort has seen some very tangible results, with new
rules that cut back on the acreage granted to fishing lot owners. Oxfam will
continue to spend funds to support work that is “getting to the people who
need it,” whether that work teaches how to fish (better) or makes the pond
available, stops its pollution, or protects it from other environmental hazards.
Fund-raising will also need to be revisited. Nonprofits have tried to hold
down fund-raising and purely administrative costs, usually below 25% of
budget outlays. Peter Frumkin and Mark Kim (2001) at the Kennedy School
have noted, however, that U.S. nonprofits “that spend more marketing them-
selves to the donating public do better at raising contributed income than
organizations focused on leaner, more efficient operations” (p. 192). The point
here is that “marketing the organization” means “getting the word out.” A
fund-raising campaign is not just a vehicle for raising resources; it is an oppor-
tunity to educate the public about the structural origins of poverty and the
new paradigm for remediating it.
For most Northern CSOs, the shift in brand toward a more rights- or
justice-based identity involves a major revision in how the agency’s various
publics and stakeholders think of it. Oxfam America’s brand in the United
States, for example, has been identified very narrowly with seeds, tools, and
hunger relief. Oxfam America now faces the challenge of broadening its pub-
lic image beyond this welfare model and linking it more directly to concerns
about equity and justice.
Condensing the complexities of globalization and development into a con-
cise, compelling message that embodies the new brand identity is daunting.
Changing deeply rooted perceptions of traditional stakeholders takes time.
The key is making sure that communications outreach—even when it
concerns “seeds and tools”—addresses the nature and causes of poverty and
what the organization is doing about it. The message can be expected to
sharpen as the new paradigm is implemented in the field and results are
shared and digested within the organization.
The balance between rights campaigning and development practice is
dynamic; each ideally should feed the other. In an era of globalization, work
exclusively at the community level soon hits a glass ceiling. Yet action at the
community level must continue if the marginalized are to have a seat at the
table in negotiating a new social contract. This fundamental work organizes
the poor and informs the rest of us about what is happening to them and what
needs to be done to help them. Leveraging effective change requires us to see
the structural linkages between the local and global drivers of poverty and to
work with local and national partners to highlight and combat them. Such an
effort will not be sustainable unless stakeholders are persuaded that increased
investment of Oxfam staff and financial resources in issue-based advocacy is
essential for real and lasting effect on the lives and prospects of poor people.
focus and skill sets of the agency’s board and staff. Leadership needs a broad
strategy for mobilizing board and staff around the rights framework, and a
management plan to tightly focus attention on specific policy and practice
changes.
This article has looked at why some development organizations are mov-
ing toward a rights-based perspective and the challenges inherent in making
that course correction. The decade following the Cold War left us with a for-
eign policy bereft of focus and direction. The inability to imagine a better
world has left development to the whims of markets and to those who control
and prosper from the movement of capital, goods, and investment. Leaders
and citizens no longer saw how support for international development mean-
ingfully contributed to their own national interest or security.
Yet like Alice’s wonderland, ours is a world of paradox. A cornucopia of
wealth has been created by markets linking the world in unprecedented ways
while further disenfranchising the unconnected. Although the global commu-
nity is growing more compact and intimate, the inequalities and inequities in
wealth are growing ever more significant. Despite the obvious instability
being brewed by this explosive mix of intimacy and inequity, the world’s lead-
ers have been bewitched by complacency, naively assuming (as has been their
wont) that in time the market will right all wrongs, correct all disequilibria,
and resolve all disruptions to its smooth and efficient functioning.
The romance of globalization that markets are self-perfecting and function
without distortion in the best interest of people is, unfortunately, unfounded.
Those willing to look will find the truth that markets are grossly imperfect in
much of the world, where benefits have been siphoned, diverted, and privat-
ized to enrich a small minority. Even where markets work as intended, the sad
truth is that they are morally neutral and are designed purposefully to opti-
mize profit and value, not to equitably distribute public goods, protect work-
ers or the environment, nurture the diversity of our cultural heritage, or safe-
guard the commonweal.
In a world in which development is synonymous with markets and little
else, it is increasingly imperative that development organizations formulate
strong normative positions on a wide range of issues. The only antidote to the
dark side of globalization is for CSOs to morally and ethically intervene on
behalf of members and partners whose daily lives never let them forget the
downside risks about which economists hypothesize.
A rights-based approach to development offers a unique new approach to
addressing the kinds of poverty issues that confront us in the new millennium.
It takes us beyond the charity and welfare models that have dominated our
discourse for the past 70 years and puts the questions we ask into sharper
focus. It transforms needs into rights, capabilities, and responsibilities. It puts
the state’s responsibility to its citizens under a microscope to examine what, in
fact, is the national social contract.
We attempted to realistically portray the strategic and organizational chal-
lenges facing development organizations that want to make a transition
towards a rights-based methodology. The challenges are many and varied:
conceptual, organizational, and tactical. Despite the risk, however, the new
approach may leverage benefits for the poor far beyond what social welfarism
has delivered.
Perhaps the most significant advantage of the paradigm shift is to anchor
the debate about equity and justice in international principles already
endorsed by the international community and that have some legitimacy in
international law. In an era when nations are subject to a multiplicity of exter-
nal forces affecting the state’s capacity to address the needs of its citizens, we
must begin to think boldly about how to discuss justice on a global scale. One
can already glimpse the emergence of global civil society actors who question
the legitimacy of pretender institutions that would appropriate for them-
selves substantial power over the distribution of the world’s economic assets,
shaping the destiny of millions, if not billions, of people.
Although the nature of and fora for debates about power relations in the
future global community remain unclear, the debate has begun. We live in an
exciting time when it may actually become possible to speak meaningfully
about global social contracts that safeguard the environment, livelihoods, and
security. To achieve such bold goals, however, we must discard 19th-century
theories that mask our current realities. We must risk seeing the world and our
work in development in new ways. To do so is to rediscover the unfulfilled
promise of our recent past. Using the UN Human Rights Charter, in the holis-
tic manner in which its authors intended it to be read, offers us the possibility
of creating a future in which all our children would want to live.
Notes
1. The Covenant on Civil and Political Rights was also agreed to in 1966. See also the 1986 Con-
vention on the Right to Development, against which the United States cast the only dissenting
vote.
2. The emphasis on human dignity in the International Covenant on Economic, Social and Cul-
tural Rights and the International Covenant on Civil and Political Rights in 1966 was reaffirmed
by the Declaration on the Right to Development in 1986.
3. Links could be made between Jochnick’s concept of dignity and Amartya Sen’s concept of
“substantive freedoms—the capabilities—to choose a life one has reason to value” (Sen, 1999,
p. 74).
4. The Vienna Declaration and Programme of Action, adopted by the UN World Conference on
Human Rights, 1993.
5. The UN Conference in Monterrey in March 2002 sought to reverse this trend and called for
increases in international assistance to halve the number of people trapped in severe poverty. The
United States proposed to increase its assistance, beginning in 2004, but at levels below their Cold
War peak. It would also tie these funds to countries adopting “sound” economic policies, in other
words to countries integrating into global markets.
6. Paradoxically, a certain still small segment of U.S. public opinion rejects and has an unnatu-
ral fear of all international institutions and governance and would simply withdraw from the
game rather than widen the social contract even as global economic forces increasingly influence
domestic jobs and commerce.
7. Indicators designed by the Development Assistance Committee of the Organization for Eco-
nomic Cooperation and Development (OECD) to rationalize measurement of outcomes of devel-
opment projects.
References
Barker, E. (1969). Social contract: Essays by Locke, Hume and Rousseau. Oxford, UK: Oxford Univer-
sity Press.
Center for Economic and Social Rights. (1995, October). Developing a common framework for the pro-
motion of economic, social and cultural rights. Workshop I Summary Report. Retrieved from
http://www.cesr.org/publications.htm.
Eade, D. (Ed.). (1998). Development and rights. Oxford, UK: Oxfam Great Britain.
Epstein, H. (2001, April 12). Time of indifference. New York Review of Books.
Frumkin, P., & Kim, M. T. (2001, May/June). Strategic positioning and the financing of non-profit
organizations: Is efficiency rewarded in the contributions marketplace? Public Administration
Review, 266-275.
Glendon, M. A. (2001). A world made new: Eleanor Roosevelt and the universal declaration of human
rights. New York: Random House.
Jochnick, C. (1999, February). The human rights challenge to global poverty. Center for Economic and
Social Rights, New York, NY. Retrieved from http://www.cesr.org/publications.htm
Katrougalos, G. (n.d.). Social justice, economic development and human rights. Injustice Studies, 2.
Retrieved from http://www3.ftss.ilstu.edu/injustice/
Korey, W. (2001). NGOs and the universal declaration of human rights: A curious grapevine. New York:
Palgrave.
Korten, D. (2001). When corporations rule the world. San Francisco: Berrett-Koehler.
Lauren, P. G. (1998). The evolution of international human rights: Visions seen. Philadelphia: Univer-
sity of Pennsylvania Press.
McMurtry, J. (1998). Unequal freedoms: The global market as an ethical system. West Hartford, CT:
Kumarian Press.
Sen, A. (1999). Development as freedom. New York: Knopf.
Sengupta, A. (2000). The right to development as a human right (Working paper). Boston:
Francois-Xavier Bagnoud Center, Harvard University.
Steiner, H., & Alston, P. (2000). International human rights in context: Law, politics and morals. Oxford,
UK: Oxford University Press.
Oxfam International. (2000). Towards global equity: Oxfam International strategic plan, 2001-2004.
Oxford, UK: Oxfam International.
World Bank. (2000). World development report 2000/2001—Attacking poverty. New York: Oxford
University Press.
Raymond C. Offenheiser has served as president of Oxfam America since 1995. Before joining Oxfam, he
worked for the Ford Foundation in Bangladesh and South America, for the Inter-American Foundation, and
for the Save the Children Federation. His experience encompasses community-based resource management,
enterprise development, human rights and local governance, and international security.
Susan H. Holcombe is currently visiting professor in the Sustainable International Development Program
at the Heller School, Brandeis University. She was the director of Global Programs at Oxfam America from
1996 to 2000. She has served in country-based offices of UNICEF, UNFPA, and other multilateral agencies
in China, Sudan, the South Pacific, Pakistan, and Afghanistan. She has a particular interest in development
management and is author of Managing to Empower.