YOUTH

RIGHTS BAROMETER

Youth Rights Barometer Tool (Draft) Introduction

Youth or young people, ages 15-24, comprise about 20% of the worlds population. The bulk of these, about 85%, are concentrated in developing countries; 60% of which can be found in Asia (WDR, 2006). According to the World Development Report (2006), this large number of young people provides both great potentials as well as risks. The potentials lie in harnessing the big numbers of young people as human capital for fast-tracking the development of their countries. The risks, on the other hand, are due to the challenges facing young people in most developing countries such as: low access and quality of education, unemployment, among many others. If these are not addressed within the time frame calculated in the demographic windows of opportunity, much human capital is wasted. Economic stagnation and extreme poverty, as well as violence, await the future of these young people and their country. By sheer numbers and their role in development, young people drive or hinder the growth of their countries. The tilt of the balance will be dependent on the quality and dignity of their lives, as ensured by their inalienable human rights. Since youth is a critical period for growth and development, necessary interventions should be in place in order for young people to realize their full potentials. As early as 1965, the Member States of the United Nations have recognized that, the imagination, ideals and energies of young men and women are vital for the continuing development of the societies in which they live (UN Declaration). Then, in 1985, the UN General Assembly declared 1985 as the International Youth Year, with the theme, Participation, Development, Peace. In 1995, during the 10th Anniversary of International Youth Year, the UN launched the World Programme of Action for Youth to the Year 2000 and beyonda policy framework for national action and international support to improve the situation of the youth. This further reaffirmed the said bodys commitment to young people. August 2010 - 2011 has been declared by the UN as the International Year of the Youth. Furthermore, young people have specific rights to education, employment, health and participation. Still, young people, particularly in developing countries in Asia, face thought challenges in education, health, employment and participation. While young people, no matter from which country, share universal rights; their rights are not observed and respected in varying degrees in different countries. Furthermore, this situation is not systematically documented.

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The Youth Rights Barometer (YRB), a work in progress, is designed to be an in-depth and comprehensive description and measurement system for youth rights situations in Asia. The YRB is a self-assessment exercise based on criteria from international protocols and declarations. It is intended as a public document which can be used as a lobbying tool to push for the improvements of youth rights based on international standards. The International Bill of Human Rights (the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)), the Asian Human Rights Charter, and other related international and regional declarations and protocols, are used as references to develop a set of indicators. The indicators are particularly focused on youth rights to education, employment, health and participation, which are identified as among the top concerns of young people. Objectives: 1. Develop an in-depth and comprehensive description and measurement system of youth human rights situation in South East Asia 2. Bring focus and attention on youth human rights particularly on education, employment, health and participation 3. Empower youth organizations through information and action pertaining to their rights. Expected Outputs: 1. Tool: Youth Human Rights Barometer 2. Country Reports using the YHR Barometer, which shall serve as baseline data and advocacy material Partners The Friedrich Ebert Stiftung (FES) Philippine Office, the Philippine Commission on Human Rights (CHR) and the Young Progressives Southeast Asia (YPSEA),came together to develop the Youth Human Rights Barometer, following the model of the Asian Media Barometer (AMB) and employing the social accountability tool citizen report card. Furthermore, FES Country Offices (in Indonesia, Malaysia, Thailand), YPSEA Partners, and national human rights bodies/organizations are tapped in the piloting of YHRB. Methodology As with the AMB, the YR Barometer is expected to be conducted every two to three years in each country.

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Following the principle of participation, aside from being part in developing the barometer, young people will also conduct the assessment of their countrys human rights compliance based on international protocols and declarations. Representatives from different youth organizations, coming from different backgrounds and persuasions meet to assess the youth situation in their own country. In a two-day workshop, they discuss the national youth rights situation according to the pre-determined indicators. After discussing each indicator, participants score by voting on scale from 1 to 5. If the country does not meet the indicator the score would be one (1); if the country meets all aspects of the indicator, it would be a five (5), which is the best score possible. The range of scores indicates consensus or varying assessments of each indicator. The consensus or differences are explained in the qualitative description after each indicator and is based on the discussion of the participants. For the purpose of establish the overall assessment; the average score for each indicator will be determined. The average scores for all indicators under one theme will make up the overall country score. The final report, which is both quantitative and qualitative, summarizes the general content of the workshop discussions and provides average scores at each level (indicator, theme, country). In the report panelist are not quoted by name so they can express freely and to protect them from possible repercussions. The report is also presented to the public. Overtime, the country reports can provide a measure for youth human rights development in a particular country and can serve a basis for more constructive discussions on promoting youth rights. The workshop is moderated by an FES and YPSEA trained consultant who also edits the country report. Scope and Limitation The four themes (Health, Education, Employment and Participation) are chosen based on existing literature on the priority issues among young people in different countries. These themes are also chosen because they primarily impact on young people, though might be general concerns as well. Incidentally, these themes cover social, economic and political rights. Peace, cultural rights, and sustainable development (vis-a-vis climate change and global warming) have been identified as rising concerns among young people, but are not covered in the barometer, as these are more general and collective concerns. The indicators are primarily based on the International Bill of Human Rights (the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)). These are worded to be easily understandable to young people. The indicators are categorized under each theme with consideration to the primary and secondary duty-bearers (1) government, and (2) citizens and civil society, respectively. Furthermore, theme-specific indicators are also listed.

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The government category is further sub-categorized under legislation, governance and judiciary. The government or the state, as primary duty bearers, has the obligation to respect, fulfill, provide and protect. On the other hand, citizens and civil society perform the function of both as rights-bearer and secondary duty-bearers, usually in support of the state. They must assert their rights, as also their responsibility, and monitor and push their governments to fulfill its obligations. Under theme-specific indicators, are specific rights, principles and concerns which are set as separate indicators to give due attention. These indicators are covered by supporting documents to the bill of rights. The scores that are derived using the barometer do not attempt to represent the general situation in the country concerned; but rather, present a case based on the respondents and their assessments. As a social accountability tool, the barometer provides a citizen evaluation of government services using a rights-based approach. 4

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HEALTH Score sheet

THEME 3: HEALTH Health services are accessible to young people and their health conditions are improved. Legislation The Right to Health is guaranteed by the Constitution and supported by laws which ensure that this right is promoted and protected Laws are enacted to stop traditional practices that are prejudicial to the health of young people, while promoting tested traditional preventive care, healing practices and medicines. Budget, Policy and Programmes Maximum extent of available resources is allocated for the health of young people. A national plan of action and strategy for health is adopted and implemented addressing the health concerns of young people. There are comprehensive policies and programmes, in consultation with young people, for improving the health situation of the youth Judiciary The judiciary takes into account in its decisions and resolutions the right of young people to health. Citizens, Community, and Civil Society Various youth and non- youth organizations are involved in the promotion and protection of their right to health Young people participate actively in planning and programming for their own health and development Availability Public health centers and facilities are functioning and are available for young people for their health needs. Goods, services and programs are sufficient in quantity Accessibility Basic health goods, services and programs are available without discrimination Health facilities, goods and services are equitably distributed There is timely and easy access to basic preventive, curative, rehabilitative health services Acceptability Health services are respectful of the medical ethics and are culturally appropriate Health services are sensitive to gender and life cycle requirements Health services are designed and carried out with respect confidentiality Quality Health services provided are scientifically and medically appropriate and of good quality Reproductive Health Adequate reproductive health services/counseling are accessible to young people without discrimination

SCORE

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Public health infrastructure provides for sexual and reproductive health services, including safe motherhood, particularly in rural areas. HIV/AIDS There are sufficient information/awareness campaign and education on HIV/AIDS Young people have access to adequate, voluntary, confidential HIV counseling and testing services Information Healthy lifestyle is promoted among young people (Information campaign for a healthy lifestyle which includes discourage to use alcohol, tobacco, drugs and other abusive substance) There is an environmental health education programme in schools Environment There is adequate supply of safe and potable drinking water An action plan on assistance and protection of the youth affected by natural disasters is in place. References: 6 Universal Declaration of Human Rights International Covenant of Economic, Social and Cultural Rights General Comment No. 14 (2000) of the Committee on Economic, Social and Cultural Rights United Nations Convention on the Rights of the Child World Programme of Action for Youth CRC General Comment No. 4 (2003), Adolescent health and development in the context of the Convention on the Rights of the Child (CRC/GC/2003/4) CRC General Comment No. 3 (2003), HIV/AIDS and the rights of the child (CRC/GC/2003/3)

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EDUCATION Score sheet

THEME 1: EDUCATION Quality education is accessible to young people. Legislation The Right to Education is guaranteed in the constitution and supported by other pieces of legislation. There is a magna carta of students There are no laws that runs counter to the right to education, or laws that restrict such. Education Policy, Budget and implementation The government makes every effort to honor regional and international instruments on the right to education. Education Budget meet the UN prescribed 6% of GDP Government agencies take positive measures that enable or assist individuals and communities to enjoy their right to education (there is a mandatory program for young people to undergo basic education. Academic freedom is guaranteed and respected by the government Judiciary Education as a right is upheld by the judiciary as evidenced by cases it has resolved. Citizens, Community/Civil Society Citizens, particularly young people, are assertively claiming this right. Young people observes their obligation to go to school and accomplish academic tasks There are different NGOs/organizations working independently or collaborating with government for education Civil society mobilizes additional resources and monitors the government in the delivery of education services There is high value for education in the country. (education is prioritized by the family and community) Accessibility Education is free (free, universal and compulsory primary education, generally available and accessible secondary education in various forms (including technical and vocational) and equally accessible higher education, with progressive introduction of free education for the secondary and higher levels (Art. 13, ICESCR) Teachers, schools and education supplies are available and accessible High numbers of young people are in school, especially in primary and secondary levels (high enrolment rate and low dropout rate) Quality Education is directed towards the full development of the human personality and the sense of its dignity Education enables all persons to participate in the society and promotes understanding and friendships

SCORE

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Education strengthens the respect for human rights and empowers people in claiming their rights (Article 26) Educators, schools, and education resources are of quality; and with access to modern technologies There are mechanisms to check and ensure that minimum required competencies are met and academic excellence is promoted Young peoples education qualifies them for employment for which they trained for.

Relevant/Progressive/Responsive Education Education promotes seeking knowledge and achieving ones passions and potentials (as against studying a course because you are forced to, or to prepare you for the labor market.) The system of education, particularly curricula, is relevant to the needs of the people, society and local economy Non-formal, informal, and indigenous learning systems, as well as self-learning, independent, and out-of-school study programs, particularly those that respond to community needs are encouraged A culture of continuing learning is promoted by both government and civil society No Discrimination Freedom from discrimination in all areas and levels of education, and to equal access to continuing education and vocational training. (Art. 13.2, ICESCR) Preference for the Marginalized Appropriate measures are being taken to eliminate obstacles limiting effective access to education, notably by women, young people in rural areas, belonging to minority and indigenous groups, migrants, refugees, internally displaced, affected by armed conflicts, with disabilities, deprived of their liberty, in conflict with the law, among others. There are scholarship grants, student loan programs, subsidies and incentives for economically underprivileged students Education Freedom There is respect for the freedom of religion and conscience for students. No particular religion or ideology is prescribed. The liberty of parents or legal guardians are respected to ensure that the religious and moral education of their children are in conformity with their own convictions References:

Universal Declaration of Human Rights (UDHR) Article 26 Universal Declaration of Human Rights (1948) (Preamble, article 26) Convention Against Discrimination in Education (1960) International Covenant on Economic, Social and Cultural Rights (1966) (article 13) Convention on the Elimination of all forms of Discrimination Against Women (1979) (article 10)

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Manual for Rights based Education: Global Human Rights Requirements Made Simple ( Katrina Tomasevski) Dakar Education Framework 2000 Asia and Pacific Regional Framework for Action: Education for All Guiding Principles, Specific Goals and Targets for 2015 Adopted by the Asia-Pacific Conference on EFA 2000 Assessment

EMPLOYMENT Score sheet 9

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THEME 2: EMPLOYMENT Opportunities for decent jobs are available to young people Legislation Fundamental principles and rights at work, freedom of association and collective bargaining, social protection, abolition of child labor and force labor, and the elimination of discrimination at work are enshrined in the constitution and enforced by existing laws. Governance There are policies to achieve steady economic and cultural development and full and productive employment under conditions that safeguard fundamental rights and freedom. Government has mechanisms/institutions to enforce an employment policy, labour inspections, and tripartite consultations. Government have program for emergency employment and employment safety nets There is a government agency particularly focused on protecting labor, the agency is able to perform its mandate Judiciary The judiciary is known to rule in consideration of workers rights, as evidenced by previous rulings and cases pending in courts. Businesses Businesses abide by, at the least, minimum standards at work Businesses respect and encourage workers in the exercise of their fundamental rights at work. Citizens, community, and civil society Laborers/workers are organized/unionized to collectively claim their rights There is active civil society support for the labor movements Unemployment and Underemployment Youth unemployment is managed by the government. There are programs to assists and to generate jobs for the unemployed; Underemployment is minimal Fair wages Minimum wages are reasonably set and observed by employers and enforced by government. Freedom of association, collective bargaining and strike Workers can freely join labor organizations; collective bargaining and right to strike are observed without harm or prejudice to workers. Security of Tenure Young workers have security of tenure Social Protection (Pension and other benefits) Young workers have pension plans and received benefits prescribed by law Limitation for working hours is reasonably set; workers enjoy prescribed holidays, rest and leisure time. Elimination of Child and Forced labor There are progressive steps undertaken by stakeholders to end child labor and

SCORE

10

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forced labor Elimination of Discrimination at work Job hiring, compensation and promotion are merit-based Education- Employment Match There are accessible jobs to courses offered in the university. Labor Value Labor is seen as contributory to human and community development. References: PARTICIPATION Score Sheet Article 23, Universal Declaration of Human Rights Article 6,7,9, International Covenant on Economic, Social and Cultural Rights Article 8 (1), Declaration on the Right to Development Article 5 (e) (i) (ii), Convention on the Elimination of All Forms of Racial Discrimination Article 11, Convention on the Elimination of All Forms of Discrimination against Women Article 32, Convention on the Rights of the Child

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THEME 4: PARTICIPATION Opportunities for Genuine Participation of Young People in all levels of decision-making that affect their lives are widely available. Legislation The Right to Participation is guaranteed in the constitution and supported by other enabling laws. There are no laws that run counter to the right to participation, or laws that restrict such. Youth are consulted and directly participate in law-making. International laws on the right of the youth to participation are translated into domestic laws. Governance The government makes every effort to abide by regional and international instruments on the right to participation. The Youth are genuinely represented in the cabinet of the Head of State Government agencies seriously enlist the participation of the youth in their planning, programming, delivery and assessment of their services. Earnest measures are carried out to capacitate the youth to meaningfully participate in democratic governance. The youths right to participate in electoral processes is secured and has ample implementing system and procedures. Judiciary Youths Participation Right is upheld by the courts as evidenced by cases they have resolved. In the public hearings, dialogues, and consultations organized by the judiciary, the youth are amply and properly represented. Citizens, Community/Civil Society There are different NGOs/organizations working independently or collaborating with the government for the youth. The Youth can freely organize themselves according to their legitimate interests and freely participate in their organizations activities. The youth, whether organized or unorganized, can freely undertake their community-building initiatives. The youth are provided with opportunities to participate and help in the recovery and rehabilitation and reintegration of youth in need of special protection. Participation at home, schools and community The youth genuinely participates in decision-making, programs and projects at home, in schools, places of worship and community affairs. Measures are made to encourage youths participation in the schools, places of worship and/or communities. The youth are given opportunities to plan their own activities and implement and evaluate them whether at home, in schools, places of worship and/or communities, and with the support of the family/school/ religious leaders.

SCORE

12

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Right to Participate in Electoral Processes

Youth as First Time Voters are assured of non-disenfranchisement through a caring system of voter registration as well as voter education. Civic and leadership education/trainings are readily available and accessible. The security of the youth voters before, during and after elections is assured. The youth enjoy their freedom of movement before, during and after the election period. The youth from various sectors (IDPs, IPs, PWDs, etc.) are accorded ample information on their rights and duties as voters, the registration process, the electoral process, the polling places, system of voting, secrecy of the ballot, transparency of the counting and canvassing of ballots. The youth are not discriminated to run for office/be elected. Due process: a. the youth know where and how to file election offenses complaints; b. there are available complaints mechanisms/assistance during elections; c. the youth can safely and freely pursue their complaints. The right of suffrage of the youth is freely exercised on a periodic basis in a clean and fair and honest manner.

References: Universal Declaration of Human Rights (UDHR), Article 21. International Covenant on Civil and Political Rights (ICCPR), Article 24. The National Framework for Childrens Participation: A Guide in Promoting and Upholding Childrens Participation in the Philippines.

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