Tools and Steps: Review of legislation. The review of legislation entails: (i) identifying which international human rights instruments have been ratified by the State46 and the provisions regarding to your area of work (minority rights, health, education, etc.) in them. (ii) Reviewing national laws such as the constitution, bill of rights, non-discrimination and gender-equality laws, civil and penal codes, human rights case law, laws on decentralization, etc., and identifying the provision regarding your area of work (health, education, etc.) and, (iii) reviewing other commitments entered into at recent world conferences insofar as they bear upon human rights, including the United Nations Millennium Declaration (2000) or the World Conference Against Racism Durban Declaration and Programme of Action (2001) and identifying provisions regarding the project area of work. Identifying features of human rights-based local service delivery. Using the information gathered, the project team must identify what the local government’s obligations are vis-à-vis local citizens in the specific area under analysis, as well as the responsibilities of the regional and central government with regard to the specific area. Identification of duty bearers at all levels in administration, including local and national governments, authorities, departments and relatives and other civilians with duties. This may be done within the applicable legal framework for the area of the planned intervention. Map out the relationships between the duty bearers and claim holders following the legal framework that you have mapped out. This step gives a more detailed description of the actual entitlements and claims of rights holders vis-àvis duty bearers and what the channels are for working with them. Conduct the capacity assessment by identifying the rights holders and duty bearers of the planned intervention. Assess the gaps in their abilities to claim, fulfill and protect rights. Examples of issues to investigate undertaking capacity assessment: when Why do rights holders face difficulties in claiming their rights?       Is there policy and law in place to claim the specific right at local level? Is there policy on the right and access to information? Do they have access to information? Are these norms and regulations being implemented? Do right holders have the ability to organize themselves? Are they empowered to claim rights? Why do duty bearers fail to respect protect and fulfill rights?      Analysis needs to be directed towards mandate and resources Is the mandate to fulfill a right on the side of the local government? Have law and policy been put in place to regulate the specific right? Are there sufficient budget allocations? Are there sufficient financial and knowledge resources? The assessment forms the basis for capacity building activities, which are undertaken during the implementation stages of the project. Similarly, indicators are used to assess the impact after the activity. For this, see http://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx (accessed 9 August 2009). 46 Chapter 8: Situation Analysis Tools 127