21/44 Report of the Independent Expert on human rights and international solidarity, Virginia Dandan

GE.12-15871

Human Rights Council Twenty-first session Agenda item 3 Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the Independent Expert on human rights and international solidarity, Virginia Dandan

Summary

This report is the first to be presented to the Human Rights Council by the Independent Expert on human rights and international solidarity, Ms. Virginia B. Dandan since she assumed her functions as mandate holder on 1 August 2011.

The report provides a summary of activities undertaken by the Independent Expert in response to the requests of Human Rights Council in its resolution 18/5, including cooperation with its Advisory Committee, participation in international conferences and events, and taking into account the outcomes of major United Nations and other global summits and ministerial meetings.

In the Addendum to the report, the Independent Expert presents a summary of the discussions that took place during the expert workshop on human rights and international solidarity organized by the Office of the High Commissioner for Human Rights.

The Independent Expert devotes a prominent space in her report to the summary account of her first country study mission to Brazil, to indicate the value she attaches to best practices as portals to the inherent interface between the policy and practice of international solidarity and the realization of human rights. The full report of the country study mission is forthcoming and will be presented at the 24th session of the Human Rights Council in 2013.

Contents

Paragraphs Page

I. Introduction ............................................................................................................. 1–6 3

II. Cooperation with the Human Rights Council Advisory Committee ....................... 7–10 4

III. Expert workshop on human rights and international solidarity ............................... 11–13 4

IV. Country study mission: Brazil ................................................................................. 14–57 5

A. Features of Brazilian international cooperation .............................................. 27–31 6

B. Structure and scope ........................................................................................ 32–38 7

C. Good practices in international solidarity and cooperation ............................................................................................... 39–54 9

D. Remarks by the Independent Expert ............................................................... 55–57 12

V. Other activities ........................................................................................................ 58–67 12

A. Human Rights Council panel discussion on the theme: ―the way forward in the realization of the right to development: between policy and practice‖ .......................................................................... 60–62 13

B. 2011 Social Forum .......................................................................................... 63–64 13

C. People’s Summit 2012, Rio+20 ...................................................................... 65–67 13

VI. International solidarity in outcomes of major United Nations and other global summits and ministerial meetings ....................................................... 68–83 14

A. Climate Vulnerable Forum, Dhaka Ministerial Meeting ................................ 68–71 14

B. Fourth High Level Forum on Aid Effectiveness ............................................. 72–74 14

C. Durban Climate Change Conference .............................................................. 75–77 15

D. UNCTAD XIII ................................................................................................ 78–80 15

E. United Nations Conference on Sustainable Development .............................. 81–83 16

VII. Conclusions and recommendations ......................................................................... 84–92 17

I. Introduction

1. The Human Rights Council appointed Virginia B. Dandan as Independent Expert on human rights and international solidarity, effective 1 August 2011. In its resolution 18/5, the Human Rights Council took note of the work plan she presented at its eighteenth session and requested her to continue to identify areas to be addressed, the main concepts and norms that could form the basis of a framework, and good practices to inform the future development of law and policy with regard to human rights and international solidarity.

2. The Human Rights Council requested the Independent Expert to continue her work in the preparation of a draft declaration on the right of peoples and individuals to international solidarity and in further developing guidelines, standards, norms and principles with a view to promoting and protecting this right by addressing, inter alia, existing and emerging obstacles to its realization. It further requested her to take into account the outcomes of all major United Nations and other global summits and ministerial meetings in the economic, social and climate fields and to seek views and contributions from governments, United Nations agencies, other relevant international organizations and non-governmental organizations in the discharge of her mandate.

3. The Human Rights Council took note of the steps taken by the drafting group established by the Human Rights Council Advisory Committee and reiterated its requests to the Advisory Committee to consider the issue of human rights and international solidarity, and to prepare, in close cooperation with the Independent Expert, inputs for elaboration of the draft declaration on the right of peoples and individuals to international solidarity, and to the further development of guidelines, standards, norms and principles with a view to promoting and protecting this right.

4. In the same resolution 18/5, the Human Rights Council requested all States, United Nations agencies, other relevant international organizations and non-governmental organizations to mainstream the right of peoples and individuals to international solidarity into their activities, and to cooperate with the Independent Expert on human rights and international solidarity in her mandate, to supply all necessary information requested by her and to give serious consideration to responding favourably to her requests to visit their country, to enable her to fulfil her mandate effectively.

5. Further, the Human Rights Council requested the United Nations High Commissioner for Human Rights to convene in 2012, prior to the twenty-first session of the Human Rights Council, a workshop for an exchange of views on, inter alia, the gender implications of international solidarity, the impact of a right to international solidarity in achieving the Millennium Development Goals and the realization of the right to development, with the participation of representatives from all interested States, the Independent Expert, the members of the Advisory Committee dealing with this issue, and civil society.

6. The Independent Expert acknowledges with appreciation, the previous work done by her predecessor Rudi Muhammad Rizki, who passed away in 2011, which will be taken into account in her own work. The outcomes of her own activities will be consolidated with his past work to comprise the empirical basis of a draft declaration on the right of peoples and individuals to international solidarity to be submitted to the Council by 2014.

II. Cooperation with the Human Rights Council Advisory Committee

7. The Independent Expert participated in the eighth meeting of the Human Rights Council Advisory Committee, during its preliminary consideration of its draft paper on human rights and international solidarity prepared by its drafting group (A/HRC/AC/8/CRP.1) as input to the work of the Independent Expert on a draft declaration on human rights and international solidarity, pursuant to the Council’s resolutions 9/2, 12/9

and 15/13. She presented her views about human rights and international solidarity and expressed her appreciation for the support and assistance of the Committee, stating that the mandate would benefit greatly from its guidance and wisdom.

8. She gave an update of her activities since she was appointed as mandate holder, and outlined her workplan. She commented on the draft paper prepared by the drafting group, pointing out how some parts would eventually inform the principles that will guide the draft declaration on international solidarity, which she will deliver to the Human Rights Council by 2014.

9. Advisory Committee members and the Independent Expert exchanged views on suggestions to further build the rationale to formulate the concept of human rights and international solidarity, including taking a closer look at the hard evidence from multilateral treaties emphasizing solidarity through commitments made by States, and the issue of international cooperation as a duty of States. The chairperson of the drafting group informed the Independent Expert that the draft paper would be adjusted in the light of the views she presented, and that the Committee intended to finalize at its next meeting the draft paper prepared by the working group.

10. A number of Human Rights Council member States took the floor to express appreciation for the cooperation between the Independent Expert and the Advisory Committee, and stated their views, including on: the relationship of international solidarity and the right to development in promoting all human rights; international solidarity being understood within the context of sustainability, peaceful coexistence and equity; the importance of preventive solidarity; and international cooperation for mutual benefit. The Independent Expert invited two members of the Advisory Committee to participate in the expert workshop held in Geneva on 7 and 8 June 2012, pursuant to Council resolution 18/5.

III. Expert workshop on human rights and international solidarity

11. In accordance with Human Rights Council resolution 18/5, the Expert Workshop on Human Rights and International Solidarity was held in Geneva on 7 and 8 June 2012, convened under the auspices of the Independent Expert on human rights and international solidarity.

12. In the same resolution, the Council also requested the Independent Expert to present a summary of the discussions held at the workshop, in conformity with the programme of the work of the Council.

13. A summary of the discussions held at the workshop is set out in the Addendum to this report.

IV. Country study mission: Brazil

14. International solidarity is an elusive concept, and is particularly resistant to definition, rendering it almost an abstraction. But where it exists, it is unmistakeable, permeating thought and action, its effects observable. For this reason the Independent Expert is of the belief that her task of developing norms and standards for what will eventually lead to the formulation of a draft declaration of the right of peoples and individuals to international solidarity, calls for dialogue with States, United Nations and other international agencies, and as many stakeholders as possible.

15. Beyond this important consideration, it is critical to take into account the policy and actual practice of States which are vital conduits of international solidarity, and of international cooperation. The Independent Expert therefore considers that the most effective and appropriate way to understand policy on, and practice of, international solidarity is through empirical methods of study and observation on the ground.

16. The Independent Expert conducted her first official country study mission to Brazil from 25 to 29 June 2012, for the purpose of exchanging views with the Government and other actors, to gather information on the experiences of Brazil in international solidarity, including and in particular, in the context of its international cooperation activities.

17. The Independent Expert expresses her deep appreciation to the Government of Brazil for providing her the opportunity to observe and learn first-hand what she had only previously read and heard about regarding the ―solidarity diplomacy‖ of Brazil, which has generated a growing interest on the part of the international community. The study visit took place in the Brasilia, home to government ministries and agencies. She was also in Rio de Janeiro in the week previous to the country visit, to attend Rio+20, and she was able to intersperse her activities at the conference, with visits to a government institution and to a regional agency whose offices are based in Rio de Janeiro.

18. The Independent Expert valued the warm reception she received from the Government of Brazil and its institutions dealing with international cooperation, as well as its openness in discussing a range of topics relevant to her mandate. She notes with appreciation that while the government officials she met with expressed their pride, and rightfully so, when speaking of the numerous high profile achievements of Brazil, including the attainment of a number of Millennium Development Goals well before the deadline of 2015, they also readily acknowledged and identified the many difficulties and obstacles that remain to be addressed and surmounted.

19. During the country study mission, the Independent Expert met with officials of Government engaged in policy matters and activities in international cooperation. At the Ministry of Foreign Affairs in Brasilia she met with the Director of the Brazilian Cooperation Agency (ABC); the Secretary for Cooperation and Trade Promotion; the Undersecretary General for Political Affairs I; the Undersecretary General for Policy II; the Director of the Department of the Environment and Special Themes; Director of the Department of Human Rights and Social Affairs; International Advisors at the Secretariat for Human Rights, Secretary for Policies for Promotion of Racial Equality and the Secretary for Policies for Women; the General Coordinator of International Actions against Hunger and his team; the Head of the Division of Educational Cooperation; the Head of the Division of Science, Technology and Innovation.

20. At government ministries in Brasilia, the Independent Expert met with the Secretary of Labour Inspection and her team; the General Coordinator for Cooperation of the Ministry of Health and his team; the Chief of the International Advisory Council, officials of the International Department of the Ministry of Social Development and Fight Against Hunger; officials of the Secretariat for Science and Technology and for Social Inclusion;

the International Advisor to the Ministry of Science, Technology and Innovation; the Technical Cooperation Coordinator of the Brazilian Agricultural Research Corporation (Embrapa), the Ministry of Agriculture; the Division Manager of the Bank of Brazil Foundation; and the Chief Counsel for International Affairs and Trade Promotion of the Ministry of Agrarian Development.

21. At the Presidency of the Republic, the Independent Expert met with the Special Advisor to the Foreign Policy Unit of the Office of the President of Brazil and his team. She also met with the President of the Institute for Applied Economic Research (IPEA) and her team. She attended the National Council on Food Security (CONSEA) where she made a brief presentation on her mandate and the objectives of her study visit.

22. At the Brazilian Congress, the Independent Expert met with the Chair of the Human Rights Committee of the Senate and the Vice-Chair of the Human Rights Committee of the Lower House and former President. She also met with another member of parliament who was twice Chair of the Committee.

23. In Rio de Janeiro, the Independent Expert met with the Executive Director of the South American Institute of Government in Health (ISAGS) and his team; and with the Director of the Centre for International Relations of the Oswaldo Cruz Foundation (Fiocruz) and his colleagues.

24. Consultation meetings were held with representatives of United Nations agencies in Brazil and with civil society organizations. A meeting was also held with the United Nations Resident Coordinator.

25. The Independent Expert thanks all of the above for their courtesies and the time shared with her. She is grateful to Carlos da Cunha Oliveira and his team, the focal point at the Ministry of Foreign Affairs responsible for the country study mission, Maria Nazareth Farani Azevêdo, Permanent Representative of Brazil to the United Nations in Geneva, and her team at the Permanent Mission, for their support and assistance.

26. The consultations and dialogues of the Independent Expert with officials of the Government of Brazil have been consolidated into the summary account below, the primary consideration being given to the relevance of such information to the policy and practice of international solidarity.

A. Features of Brazilian international cooperation

27. The 1988 Federal Constitution of Brazil lays down a number of principles that govern Brazilian international relations, among which are national independence, the prevalence of human rights, self-determination, non-intervention, and cooperation among peoples for the progress of mankind. These principles are underpinned by the solidarity of Brazilian society, which is also enshrined in the Constitution, and together are applied in building a policy of international cooperation integrated into foreign policy goals.

28. These Constitutional principles that govern international relations have shaped the features of Brazilian cooperation in the spirit of solidarity, as Brazil seeks to contribute to the social and economic progress of other countries through the sharing of lessons learned, knowledge gained from successful experiences, and best practices. Brazil makes use of solutions created and developed domestically to support other countries facing similar difficulties in overcoming obstacles to their development.

29. Brazilian cooperation is based on requests received from other countries, with paramount consideration given to their specific needs, as well as in response to humanitarian appeals from international specialized agencies. There are no conditions imposed and it is not profit oriented. The cooperation is driven by solidarity and adheres to

the requirements of the Brazilian Constitution on non-intervention, respect for sovereignty and self-determination.

30. The head of the Brazilian Cooperation Agency (ABC) described Brazilian cooperation as an exchange between equals, rather than an interaction between donor and recipient. Brazilian cooperation is in the image of the Brazilian people, a nation with mixed societies that live in peace. They are in many ways idealistic, and despite the poverty, a strong feeling of solidarity, rather than pity, prevails. Cooperation should be seen as more than solving problems; it is a dialogue between nations and peoples to address problems together.

31. An important feature of Brazilian technical cooperation is that both partners learn from each other in the exchange of experiences and knowledge, affirming ―reciprocal

solidarity‖ among peoples. It is a participatory engagement in which partner countries are not passive recipients but are actively involved right from the stage of negotiation, ensuring that cooperation methodology is appropriate to the context of the local reality.

B. Structure and scope

32. The Brazilian Cooperation Agency, which is affiliated to the Ministry of External Relations, is the agency mandated to negotiate, coordinate, implement and monitor technical cooperation programmes in which Brazil participates. ABC provides guidance to other Brazilian agencies regarding cooperation opportunities involving Brazil, supporting the preparation of projects, coordinating negotiations between the parties involved, monitoring and evaluating project implementation, and publicizing information on project development and results. This has made it possible to propagate technical knowledge from Brazilian institutions to their counterparts in more than 80 developing countries. It therefore requires a commitment to cooperation on the part of public agencies and entities, private universities and civil society organizations involved in the partnership.

33. Brazilian international technical cooperation is a demand-driven process based on solidarity between developing countries, with the aim of helping partner countries to strengthen their institutions and human resources. Thus the main goal of Brazilian South- South technical cooperation is capacity development. Partner countries benefit from an effective transfer of knowledge, and from the exchange of experiences previously developed under similar socio-economic realities.

34. Technical cooperation, scholarships for foreigners, international humanitarian cooperation, and contribution to international organizations are the main modalities of what Brazil defines as ―Brazilian cooperation for international development.‖ Agriculture, food

security and nutrition, health, education and vocational training are the key areas of cooperation. Brazilian cooperation in Africa also aims to strengthen relations with African Portuguese-speaking countries (PALOPs): Angola, Cape Verde, Guinea Bissau, Mozambique, and São Tomé and Príncipe. The key focus for Asian cooperation projects is in East Timor, with an emphasis on agriculture and food security, education, the judicial system, vocational training and public administration. Brazil has recently initiated relations with four Asian countries that belong to the group of Least Developed Countries (LDC): Afghanistan, Cambodia, Laos and Myanmar.

35. South-South cooperation contributes to consolidating the relations of Brazil with partner countries as it enhances general interchange; generates, disseminates and applies technical knowledge; builds human resource capacity; and, mainly, strengthens institutions in all nations involved while at the same time reinforcing public policies in Brazil. Brazilian cooperation agreements are in place with 30 developing countries in South, Central and

North America and the Caribbean. Brazil also maintains technical cooperation programmes with 38 African countries, 22 of which belong to the group of Least Developed Countries.

36. Brazil implements triangular technical cooperation guided by the same principles that inform its South-South cooperation. Triangular cooperation makes it possible to match the comparative advantage from South-South Cooperation and other development partners (bilateral and multilateral), leveraging the impact of knowledge sharing between developing countries.. These factors result in greater positive impact in fostering local development processes. Brazil has implemented or is implementing agreements of triangular cooperation with the United States, the European Union and its members, Japan, in African countries and in Latin America and the Caribbean. United Nations agencies are also playing an important role in Brazilian international cooperation including the International Labour Organization, the United Nations Food and Agriculture Organization (FAO), the World Food Programme (WFP) and the United Nations Population Fund (UNFPA). The World Health Organization, UNAIDS, the United Nations High Commissioner for Refugees and UN Women are also partnering with Brazil.

37. Brazil is also engaged in other modes of cooperation consistent with the principles applied to their other forms of cooperation and which are presently in the initial phase of implementation, including the following:

(a) In the interregional context, the India-Brazil-South Africa Dialogue Forum (IBSA) created in 2003 by the three countries, established the IBSA Fund for Alleviation of Poverty and Hunger, a pioneer initiative created in 2004 with the purpose of identifying replicable and scalable projects that can be jointly adapted and implemented in interested developing countries. Best practices of the three countries are shared with least developed countries through projects financed by the IBSA Fund, in areas such as agriculture development and food security, safe drinking water, health care and infrastructure, waste collection and recycling, and building capacity to combat HIV/AIDS. Also in the interregional sphere two important initiatives with growing importance are the Africa-South America Summit (ASA) and Arab Countries-South America Summit (ASPA).

(b) In the regional context, the South American Institute of Government in Health (ISAGS) is an intergovernmental entity that is a member of the South American Health Council of the Union of South American Nations (UNASUR) inaugurated in 2011 in Rio de Janeiro, Brazil. The strategic areas of the UNASUR five-year health plan are the South American health vigilance and response network, universal health system development, universal access to medication, health promotion and health determinants, human resources and management. Committed to implementing the South American Health Agenda and the scope of priorities in the UNASUR 2010-2015 Five-Year Health Plan, ISAGS accordingly focuses its actions on the following strategies: interchange and training of human resources; lines of research and diagnostics; accumulation and dissemination of knowledge on governance in health; organization of the supply and demand for cooperation; and promotion of networking.

38. ABC has established a programme named Brazilian Technical Cooperation: Agriculture, Food Security and Social Policies for the 2011-2012 biennium. The programme consists of 24 short courses in 40 to 80 class hours, being held in Brazil for interested parties from countries in the Caribbean, Africa, Central and Southern Asia, the Pacific, Eastern Europe and the Caucasus. It is being implemented by ABC in collaboration with 20 Brazilian agencies with renowned competency in the fields of agriculture, the environment, fisheries and aquaculture, food safety, rural development, food safety policy and gender policy. Brazil believes this to be a legitimate example of South-South cooperation as it also expects to learn from partners, since all parties involved benefit from international technical exchange.

C. Good practices in international solidarity and cooperation

39. In the following summary, good practices are cited on the basis that their outcomes carry great potential for providing an enabling environment for the realization of human rights.

Agriculture and food security: towards realizing the right to food

40. Agriculture is a major field of Brazilian cooperation with Southern partners., the Brazilian Agricultural Research Corporation (Embrapa) under the Ministry of Agriculture, Livestock and Food Supply, has been one of the most important actors in the field of the country’s technical cooperation in agriculture. Its mission is to provide research, development and innovation towards finding feasible solutions for the sustainable development of agriculture for the benefit of the Brazilian society. Its research focus is concentrated on areas of fundamental importance for the development of the country.

41. Embrapa’s work is key to the success of Brazilian tropical agriculture, which has motivated countries with similar problems and challenges to seek information and partnership with Embrapa. International cooperation has been crucial in the establishment and consolidation of Embrapa, today considered the most advanced tropical agriculture research institute in the world.

42. It has a strong post-graduate programme, which has sent hundreds of young professionals abroad, to the United States, the United Kingdom, Canada, Spain, the Netherlands, Germany and Australia. Projects funded by the World Bank, Inter-American Development Bank and the Japanese Government have been very important in financing this human development programme and also in equipping the research units. Embrapa presently has 46 research centres and is a major conduit for the cooperation of Brazil with a number of countries, to transfer its experiences and technology, and to adapt these to local conditions in partner countries.

43. Brazil has shared with partner countries its expertise in access and food production—genetic improvement; enhanced planting, irrigation and harvest methods; use of agricultural machinery; animal husbandry; and animal product processing—and in marketing. Brazil has sought to enhance food security and nutrition through strengthening family agriculture and has been particularly successful in establishing farmer cooperatives in order to add value to their produce and to increase family income. Sharing of best practices consolidated by the Brazilian Government with developing countries expands the geographic scope of Brazilian cooperation and introduces policies and programmes implemented successfully in Brazil to lift its people out of poverty.

44. The Africa-Brazil Agricultural Innovation Marketplace initiative is a process that focuses on generating benefits for smallholder farmers and producers. The objective of this initiative is to enhance agricultural innovation for development on the African continent through establishment and strengthening of partnerships between African and Brazilian organizations, engaging the full range of actors involved in the generation of agricultural knowledge including those in the fields of research, academia, the private sector, non- governmental organizations, producers, and policymakers. The Marketplace was developed by Embrapa and the Forum for Agricultural Research in Africa (FARA), with support from the United Kingdom Department for International Development (DFID), the International Fund for Agricultural Development (IFAD), the World Bank, the Brazilian Cooperation Agency, and the Bill and Melinda Gates Foundation. This South-South collaboration with active Northern support is making an important contribution to more productive agriculture and more affordable food for the poor in Africa, complementing other ongoing efforts. The same initiative has recently started implementation in another region, the Latin-American

and Caribbean (LAC) region. It is known as the LAC-Brazil Agricultural Innovation Marketplace.

45. A programme to provide support to the development of the cotton industry in C4 Countries (Benin, Burkina Faso, Chad and Mali), also known as the Cotton 4 Project, was set up in 2008 with the official support of the Brazilian Government for the WTO Cotton Initiative, brought forward by C4 countries as a result of their losses due to subsidy policies used in the international cotton market. The objectives of the project are: to contribute to enhancing the development of the cotton industry in C4 countries; to transfer Brazilian technology to increase the profitability of the cotton supply chain and to improve the quality of life and food security and nutrition levels in beneficiary countries.

46. Brazilian policies, experiences, and focus on social programmes provide an important element of linkage between goals set by the Caribbean, South and Central- American countries with regard to development. Working with the Food and Agriculture Organization (FAO), the Brazilian Government is already implementing South-South Cooperation programmes in Latin America and the Caribbean, sharing its experiences and policies to promote food security in the region.

47. Of particular relevance are Brazilian programmes such as Fome Zero (Zero Hunger), now discontinued but covered by the Brasil sem Miséria (Brazil without Extreme Poverty) programme,and activities supported by the Ministry of Agrarian Development (MDA), the Ministry of Social Development (MDS) and the National Fund for Education Development (FNDE), inter alia, targeting social protection networks and agricultural development which have a clear research-based, pro-development focus on the poor and hungry.

48. Fome Zero has inspired a similar programme in Nicaragua and in other LAC countries. There are other similar programmes with similar ideas being implemented all over Latin America by the World Food Programme (WFP). Another important programme is the Purchase from Africans for Africa (PAA Africa Programme). The project draws on the expertise accumulated by Brazil in its own food purchasing programme and carried out by Brazil, FAO and WFP, the project extends financing for food purchases to five African countries (Ethiopia, Niger, Malawi, Mozambique and Senegal), aiming to benefit local small farmers and vulnerable populations.

Health and the social determinants of health: towards realizing the right to health

49. Health is a priority both on the Brazilian domestic agenda and for international cooperation, where it applies its structural approach, characterized by efforts to develop individual and institutional capacity in partner countries, with sustainable results.

50. The main Brazilian cooperation projects in Africa and South America therefore focus on human resource training, capacity-building in research, teaching or services, and on strengthening or setting up health system institutions including ministries of health, schools of public health, national health institutes, faculties for higher professional training, polytechnic health colleges, technological development and production institutes and factories. The public health system of Brazil and its international health cooperation are based on the principle of universal access to the public health system.

(a) A trilateral agreement between Haiti, Cuba and Brazil is focused on the implementation of Haitian health structures, the establishment of a national outpatient system, the training of health workers, especially middle-level staff that the system urgently needs, and the control of infectious diseases. It involves the complete rebuilding of the health system to make it more capable of meeting the health needs of the Haitian people. The day after the earthquake, parameters were established to guide the reconstruction of the Haitian health system. One of the aims of the agreement is the provision of universal access

and the achievement thereof is based on the population’s wish to participate in the rebuilding of the country and its ability to develop innovative forms of solidarity.

(b) The Oswaldo Cruz Foundation (Fiocruz), affiliated with the Brazilian Ministry of Health, is involved in the establishment of an antiretroviral production plant in Mozambique. The project includes multidisciplinary implementation such as training of local technical staff in surveillance, inspection, certification and control of medication, and also its production and commercialization processes, so that the Mozambican regulatory agency can efficiently implant the antiretroviral (ARV) production plant. Fiocruz is renowned worldwide as a leading research centre for the control of diseases such as HIV/AIDS, malaria and tuberculosis, inter alia. One of Fiocruz’s main missions is manufacturing strategic products for the Brazilian Unified Public Health System (SUS). With one of the largest public pharmaceutical laboratories in the country—the Drug Technology Institute (Farmanguinhos)—Fiocruz has vast experience in production technologies for drugs used in HIV/AIDS treatment.

51. Brazil’s first Human Milk Bank (HMB) was opened in 1943. In 1985, as a result of research, technology development, teaching and consultancy work invested by Fiocruz, HMBs developed to become the key elements in the establishment of what is known today as the world’s largest and most complex HMB network, the foremost government strategy

to reduce infant mortality. It is a model that combines high reliability and technical accuracy at a low operating cost. In 2001, the World Health Organization awarded the HMB network a prize for the greatest contribution to reducing infant mortality and promoting breastfeeding in the 1990s. International cooperation is increasing steadily as a result of the efforts of the Brazilian Cooperation Agency, with 19 projects already implemented in Latin America and the Caribbean, together with initiatives reproducing the Brazilian model in African countries. European countries such as Portugal and Spain have adopted the HMB technology developed by Brazil.

Social protection: towards realizing the right to an adequate standard of living

52. The international policies of Brazil on cooperation mirror its domestic social policies such as: Brasil sem Miseria (Brazil without extreme poverty) Fome Zero (Zero Hunger), the National School Feeding Programme, Bolsa Família (conditional cash transfer programme), Luz para Todos (electricity for all), Casa para Todos (housing for all), and most recently Brasil Carinhoso (Caring Brazil), an extension of Bolsa Familia especially for families with children 0 to 6 years old.

53. Given the positive results achieved in recent years, the Brazilian government through its Ministry of Social Development and Fight against Hunger, has been encouraged to put a special effort on social policy technology transfer, and to strengthen social development beyond its borders, putting into practice the so-called ―diplomacy of social policy‖ that is presently being implemented.

54. International cooperation in the social field is guided by: a focus on building institutional capacities in partner countries; the importance of the multiplier effect in cooperation projects; cultural and linguistic similarities; and the transfer of social technology adaptable to local contexts. The following are a few examples of ongoing cooperation.

(a) Brazil-Africa Programme for cooperation on social protection is the outcome of a partnership between the Ministry of Social Development, UK-DFID and the International Policy Centre for Inclusive Growth (IPC-IG). The cooperation was developed in four areas: regional technical cooperation, technical assistance, study missions and distance learning. The countries involved are Angola, Ghana and Mozambique.

(b) Promoting the right to adequate food through the reduction of social and food vulnerability of populations in African countries by strengthening programmes for local purchase of food supply, such as government and United Nations agencies’ strategy for assistance and food aid, including school feeding programmes, also for humanitarian purposes, as in the case of the PAA Africa Programme. Partner countries are Ivory Coast, Ethiopia, Ghana, Malawi, Mozambique, Niger, Kenya, Rwanda, Senegal and Zimbabwe.

(c) Cooperation between Brazil, the United Kingdom and Ghana to support the design of the Livelihoods Empowerment Against Poverty (LEAP) programme of the Government of Ghana.

(d) In El Salvador: programme for promoting the institutional strengthening of entities involved in social policy management and implementation; optimizing the decentralized management of social policies and programmes; promoting the intersectoral commitment of all stakeholders to mobilize local, regional, national and international resources for implementation and management of social programmes and policies; supporting the formulation process of a normative proposal for the institutionalization of the Salvadoran social protection system; the creation of mechanisms to improve the dialogue between government and civil society; improving the ability of effective capacity of Salvadoran social policies and programme managers; promoting the integration of the children and adolescents protection system in El Salvador.

D. Remarks by the Independent Expert

55. The Independent Expert reiterates that the preceding paragraphs comprise only a summary account of some of her observations from her country study mission in Brazil. As such, the summary does not reflect other information that was gathered during her visit. To provide a broader frame of reference and a closer examination of the practices of international solidarity in the international cooperation programmes of Brazil, a full report will be forthcoming in this respect, and will be submitted to the 24th session of the Human Rights Council in September 2013.

56. Given what she has observed and learned from her first country study mission to Brazil, the Independent Expert commends the Government of Brazil for its policy and practice of solidarity in its international cooperation programme in all its modalities, both in South-South and triangular cooperation contexts. She is impressed by the iterative reference to solidarity as the driving force of Brazilian cooperation, across all ministries and offices of Government without exception which are involved in cooperation projects.

57. From this first country study mission, the Independent Expert has come to realize that in examining the interface between good practices of international solidarity in international cooperation and the realization of human rights, partnerships should be studied from both angles for a full validation of the impact of such practices. She hopes therefore, that her next country study mission will be to one of the partner countries of Brazil in Africa.

V. Other activities

58. Since taking office on 1 August 2011, in addition to the undertakings described above, the Independent Expert has released media messages on the following occasions: the Durban Climate Change Conference otherwise known as COP17; UN International Human Solidarity Day celebrated annually on December 20; and Rio+20. She also joined other special procedures mandate holders in media statements on the imperative of human rights

in Rio+20; in support of a global Financial Transaction Tax, and calling attention to the remaining gaps in the attainment of the United Nations Millennium Development Goals.

59. The Independent Expert was a speaker in various forums, notably in the following.

A. Human Rights Council panel discussion on the theme: “The way forward in the realization of the right to development: between policy

and practice”

60. The panel discussion was held in Geneva on 14 September 2011 on the occasion of the 25th anniversary of the Declaration on the Right to Development (General Assembly resolution 41/128). The panel was moderated by the President of the Human Rights Council and opened by the United Nations High Commissioner for Human Rights.

61. The focus and objectives of the panel discussion were to enhance understanding of the contribution and potential of the Declaration on the Right to Development to thinking, policy and practice on development; to reflect on how the right to development could be implemented in the context of contemporary political, social, environmental and financial challenges; and to contribute to the shaping of future work on the effective implementation of the right to development.

62. The Independent Expert was one of the three panellists invited to present seminar papers on the theme and to participate in the interactive discussion following their presentations. Her paper dealt with how the achievement of the millennium development goals and the right to development call for a more enlightened approach based on a sense of community and international solidarity. Much could be learned from everyday people, who lived their lives in community, addressed their problems and eventually found solutions, coming together in solidarity, in the exercise of their right to development.1

B. 2011 Social Forum

63. In accordance with resolution 16/26 of the Human Rights Council, the 2011 Social Forum was held in Geneva from 3 to 5 October 2011. The 2011 Social Forum focused on the right to development and heard expert presentations, each complemented by interactive exchange of views, leading to recommendations in relation to the promotion and effective realization of the right to development, including the role and contribution of civil society, and of international assistance and cooperation.

64. The Independent Expert participated in the thematic panel on ―The Declaration on the Right to Development at 25‖, in which she pointed out that international solidarity should be an indispensable component of efforts to realize the right to development, which would help to lessen the gap between developed and developing countries, by buttressing rhetoric and declarations with tangible actions.2

C. People’s Summit 2012, Rio+20

65. The Independent Expert was one of the five speakers in a panel held on 18 June 2012 at the People’s Summit in Rio de Janeiro, organized parallel to Rio+20 by civil society human rights and development organizations in the Latin American region. The

1 See A/HRC/19/39 for a summary of the panel discussion. 2 See A/HRC/19/70 for the summary, conclusions and recommendations.

theme of the forum was on ―the new role of rights-based organizations in the promotion of social and environmental justice.‖

66. The Independent Expert spoke on the role of international solidarity in supporting the global agenda on sustainable development. She called for ―solidarity cooperation,‖

urging States and civil society to work together, building on their commonalities and surmounting differences in the spirit of partnership and mutual respect, for the sake of our common future.

67. An interactive discussion with the audience followed the presentations of the five speakers.

VI. International solidarity in outcomes of major United Nations and other global summits and ministerial meetings

A. Climate Vulnerable Forum, Dhaka Ministerial Meeting

68. The Dhaka 2011 Ministerial Meeting of the Climate Vulnerable Forum was hosted from 13 to 14 November 2011 by the Bangladesh Ministry of Foreign Affairs and the Ministry of Environment and Forest, and its outcome is contained in the Dhaka Declaration.3

69. The Climate Vulnerable Forum brings together in a global partnership of governments from Africa, the Americas, Asia and the Pacific, with the common goal of the urgent resolution of the increasing climate crisis these countries confront, being most vulnerable to the harmful effects of climate change. The Forum members are Afghanistan, Bangladesh, Barbados, Bhutan, Costa Rica, Ethiopia, Ghana, Kenya, Kiribati, Madagascar, Maldives, Nepal, Philippines, Rwanda, Saint Lucia, Tanzania, Timor-Leste, Tuvalu, Vanuatu and Vietnam.

70. Since its inception, the Forum has met with considerable success in presenting the concerns of vulnerable countries as well as in creating an awareness and appreciation in international climate talks.

71. Highlights of the Dhaka Declaration include an acknowledgment in its preamble of the expression of solidarity of the United Nations Secretary-General and the request for him to use all means available to his Office to promote the cause of the Climate Vulnerable Forum; a call for a common framework/criteria for assessing climate vulnerability with respect to the allocation of funds,4 and for the immediate implementation of paragraph 14 (f) of the Framework Convention on Climate Change (―Cancun Agreements‖) (FCCC/CP/2010/7/Add.1), which recognizes that migration is a viable adaptation strategy to address human displacement induced by climate change, and includes undertaking measures to enhance understanding, coordination and cooperation with regard to climate- induced displacements; migration and planned relocation; and call for the commencement of an international dialogue for an appropriate framework.5

3 See http://daraint.org/wp-content/uploads/2011/11/Dhaka.Declaration.pdf. 4 Ibid. (8). 5 Ibid. (9).

B. Fourth High Level Forum on Aid Effectiveness

72. Busan, Republic of Korea, was the venue for the Fourth High Level Forum on Aid Effectiveness, from 29 November to 1 December 2011, where over 3,000 delegates met to review progress on implementing the principles of the Paris Declaration and discuss how to maintain the relevance of the aid effectiveness agenda in the context of the evolving development landscape.

73. The forum culminated in the signing of the Busan Partnership for Effective Development Co-operation by ministers of developed and developing nations, emerging economies, providers of South-South and triangular co-operation.6 For the first time in the history of the High Level Forum, a civil society representative took part in the actual negotiating process, marking a critical turning point in development cooperation. Furthermore, the language of the partnership emphasizes the link between fighting poverty and protecting human rights.

74. The Busan Partnership forges a ―new global partnership‖ embracing diversity and acknowledging the distinct roles that all stakeholders in cooperation can play to support development. It is founded on a common set of principles guiding all forms of development cooperation, while at the same time recognizing how these principles differ in their application by various public and private stakeholders. It stresses how lessons should be shared by those who participate in development cooperation such as South-South cooperation. It welcomes the contribution of civil society organizations and private actors. The partnership resolves to work together to learn from their achievements and innovations.7

C. Durban Climate Change Conference (28 November-1 December 2011)

75. The Durban Climate Change Conference held in Durban, South Africa consisted of a series of events, including the 17th session of the Conference of the Parties (COP17), the United Nations Framework Convention on Climate Change (UNFCCC), and the seventh meeting of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP7). The COP17/CMP7 resulted in agreements to begin the process of forging a new treaty in 2012 to be completed by 2015 and coming into effect by 2020; to establish the Green Climate Fund; and to extend the life of the Kyoto Protocol for a number of countries.

76. The Conference resulted in 19 COP decisions and 17 CMP decisions and the approval of a number of conclusions by the subsidiary bodies. One of these subsidiary bodies was the Ad Hoc Working Group on Further Commitments for Annex 1 Parties under the Kyoto Protocol, whose outcome document contains the main agreements regarding the continuation of the Kyoto Protocol in its second commitment period, and includes in its preamble the importance of developing a comprehensive global response to the problem of climate change.

77. The major outcome document of the Conference is the Establishment of an Ad-Hoc Working Group on the Durban Platform for Enhanced Action to launch the process for developing a protocol under the Convention, applicable to all parties.8

6 See http://www.fao.org/fileadmin/user_upload/capacity_building/Busan_

Effective_Development_EN.pdf. 7 Ibid., para. 8. 8 See http://unfccc.int/resource/docs/2011/cop17/eng/l10.pdf.

D. UNCTAD XIII

78. The Thirteenth Ministerial Meeting of the United Nations Conference on Trade and Development (UNCTAD XIII), held from 21 to 26 April 2012 in Doha, Qatar, adopted two outcome documents: the Doha Mandate and the Doha Manar, an Arabic word meaning ―beacon.‖ These two documents affirm the core activities of UNCTAD, and declare its member States’ solidarity in their quest for ―a prosperous world.‖

79. The Doha Mandate focuses on the theme ―development-centred globalization: towards inclusive and sustainable growth and development‖, contributing to reducing poverty and creating jobs. It confirms the role of UNCTAD as the United Nations focal point for the integrated treatment of trade and development, and related issues in the areas of finance, technology, investment and sustainable development. It stresses that UNCTAD should contribute to global efforts to transition toward a green economy.9

80. The Doha Manar is the closing declaration of UNCTAD XIII, stating on behalf of the 194 member States that: ―Together, as a collection of sovereign nations, we have

endeavoured to construct a shared, interdependent and prosperous world through increased economic, political and social processes. By working to maximize the opportunities arising from globalization in international trade and investment, we have sought to promote economic growth and development with particular attention to reducing the inequalities between us and within our nations, and to improving our capacities to fulfil common purposes and exercise more effective and responsible stewardship of our natural and planetary resources. Above all, we have sought to fulfil, individually and collectively, our peoples’ aspirations to live in peace and to enjoy in fullness, lives that are rich and diverse, and ever more stable and secure.‖10

E. United Nations Conference on Sustainable Development: Rio+20

81. Rio+20 was held in Rio de Janeiro, from 20 to 22 June 2012. The very first line of its outcome document is an implicit affirmation of the spirit and principle of international solidarity informing the renewal of the commitment to sustainable development as a result of the meeting of Heads of State and Government and high-level representatives, and notably referring to the ―full participation of civil society‖, and ―ensuring the promotion of

an economically, socially and environmentally sustainable future for our planet and for present and future generations.‖ It is this same spirit of international solidarity that suffuses the principle of common but differentiated responsibilities set out in principle 7 of the Rio Declaration on Environment and Development.

82. The essence of international solidarity is implicit throughout the outcome document in its references to partnerships and cooperation, particularly in the attainment of the Millennium Goals, together with the need to strengthen international cooperation to address the challenges related to sustainable development. The outcome document emphasizes that sustainable development requires the engagement and action of a ―broad alliance of people,

governments, civil society and the private sector, all working together to secure the future we want for present and future generations.‖11

9 See http://www.saape.org/attached_docs/doha%20mandate.pdf. 10 See http://unctad.org/meetings/en/SessionalDocuments/tdL425_en.pdf. 11 See

http://www.uncsd2012.org/content/documents/727The%20Future%20We%20Want%2019%20June% 201230pm.pdf.

83. The following is a non-exhaustive sampling of a number of concepts from the outcome document which are directly linked to the notion of international solidarity for the realization of sustainable development, with the corresponding paragraph numbers indicated: the full and effective participation of all countries in global decision-making; supporting developing countries in their efforts at poverty eradication and promoting empowerment of the poor and people in vulnerable situations; the importance of gender equality and the empowerment of women for sustainable development and our common future; holistic and integrated approaches to sustainable development to guide humanity to live in harmony with nature; the active participation of major groups and other stakeholders as appropriate in processes contributing to the decision-making processes of sustainable development policies; the need to promote intergenerational dialogue and solidarity; the need to impart new momentum to the cooperative pursuit of sustainable development; enhance international cooperation in support of disaster risk reduction in developing countries; protection of the climate system for the benefit of present and future generations of humankind on the basis of equity and in accordance with their common but differentiated responsibilities; the importance of a set of sustainable development goals that are consistent with international law, build upon commitments already made, and contribute to the full implementation of the outcomes of all major summits in the economic, social and environmental fields, including the present outcome document; the need for enhanced capacity-building for sustainable development and strengthening technical and scientific cooperation, including North-South, South-South and triangular cooperation.

VII. Conclusions and recommendations

84. The Concept Note for the Expert Workshop on Human Rights and International Solidarity prepared by the Independent Expert sets out the structure of

her work, in three stages. Stage One consists of the work done by her predecessor, in

which international solidarity was affirmed in a variety of ways. In Stage Two,

standards, norms and principles to guide a draft declaration are being developed.

Stage Three will be devoted to writing the draft declaration on the right of peoples

and individuals to international solidarity, which will culminate in its submission to

the Human Rights Council, in 2014.

85. Beyond serving merely as an index of the activities undertaken by the Independent Expert over the past twelve months since her appointment by the Council, this first report maps out how she intends to proceed in the ongoing Stage

Two on her way to Stage Three, towards her destination by 2014.

The present can thus be described as a period of gathering from the vast field of

concepts and practices in international solidarity and human rights which already

exist and which need not be reinvented. The present is also a period of listening to

what is being said, and just as importantly, to what is not being said, by voices

speaking whether in agreement or disagreement.

86. During the Expert Workshop, participants were asked to suggest what the Independent Expert should include in her conclusions and recommendations to this

annual report. They offered the following recommendations.

87. To draft a resolution appealing for States to apply international solidarity in order to overcome the negative impacts of globalization.

88. To initiate the task of describing the responsibilities relating to accountability derived from international solidarity, and of defining the actors at local, national and

transnational levels without necessarily defining entitlements.

89. To define the relationship of international solidarity to all human rights.

90. To compile standards developed by special procedures which refer to international solidarity.

91. To consult with donor and recipient States on the topic of the right of peoples and individuals to international solidarity, not just on the Declaration but also on

general related issues from which specific inputs could be derived for the Declaration.

92. The Independent Expert will continue to listen, and continue to study and observe through the lens of human rights. She looks forward to the pursuit of Stage

Two of her work.