21/66 Final paper on human rights and international solidarity - Prepared by Chen Shiqiu on behalf of the drafting group on human rights and international solidarity of the Human Rights Council Advisory Committee

GE.12-16087

Human Rights Council Twenty-first session

Agenda items 3 and 5 Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Human rights bodies and mechanism

Final paper on human rights and international solidarity

Prepared by Chen Shiqiu on behalf of the drafting group on human rights and international solidarity of the Human Rights Council Advisory Committee

I. Introduction

1. In its resolutions 9/2 and 12/9, the Human Rights Council requested the Advisory Committee to prepare inputs to contribute to the elaboration by the independent expert on human rights and international solidarity of a draft declaration on the rights 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 that right.

2. In its resolution 15/13, the Human Rights Council reiterated its request to the Advisory Committee to prepare, in close cooperation with the independent expert on human rights and international solidarity, inputs to contribute to the 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 that right.

3. At its sixth session, the Advisory Committee established a drafting group to work on the issue of human rights and international solidarity, consisting of Chen Shiqiu (Chairperson/Rapporteur), Chung Chinsung, Miguel d’Escoto Brockman, Latif Hüseynov, Dheeraj Seetulsingh and Halima Embarek Wazazi.

4. At its seventh session, the Advisory Committee took note of the draft outline prepared by the Chairperson/Rapporteur of the drafting group, and encouraged the drafting group to cooperate closely with the independent expert on human rights and international solidarity and to submit the outcome of its work to the Committee at its eighth session.

5. In its resolution 18/5, the Human Rights Council took note of the steps taken by the drafting group established by the Advisory Committee and reiterated its requests to the Advisory Committee to fulfil its mandate in close cooperation with the independent expert on the subject matter.

6. At its eighth session, the Advisory Committee discussed the draft paper submitted by the Chairperson/Rapporteur of the drafting group, and requested the working group to cooperate closely with the independent expert on human rights and international solidarity and to submit a final paper to the Committee at its ninth session.

II. Definition and scope

7. The right to solidarity is a human right by virtue of which every human person and all peoples are entitled to enjoy equally the benefit of a harmonious international society with a just and fair international political and economic order, in which all human rights and fundamental freedoms may be fully realized.

8. All peoples and human beings, without distinction as to race, colour, sex, sexual orientation, language, religion, nationality, ethnic origin, family, economic or social status, level of education or political or other conviction, should have the right to live in dignity and freedom and to enjoy the right to international solidarity and should, on their part, contribute to it.

9. International solidarity is not limited to international assistance and cooperation, aid, charity or humanitarian assistance; it is a broader concept and principle that includes sustainability and equal respect for all sovereign States and peoples in international relations, especially international economic relations, the peaceful coexistence of all members of the international community, equal partnerships and the equitable sharing of benefits and burdens, the right of peoples to peace and the preservation of ecological systems.

10. The promotion of international solidarity is a duty common to all peoples and States.

III. Normative framework

11. Both international law and international human rights law uphold international solidarity.

A. Charter of the United Nations

12. The concept of solidarity has defined the core purpose of the United Nations since its creation, which drew the peoples and nations of the world together to promote peace, human rights and social and economic development. It is in the spirit of solidarity, unity and harmony that the Organization is determined “to achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all” (Art. 1-3), and “to be a centre for harmonizing the actions of nations in attainment of these common ends” (Arts.1-4).1

B. Vienna Declaration and Programme of Action

13. The fundamental value of solidarity is explicitly expressed in the preamble to the Vienna Declaration and Programme of Action:

Considering the major changes taking place on the international scene and the aspirations of all the peoples for an international order based on the principle enshrined in the Charter of the United Nations, including promoting and encouraging respect for human rights and fundamental freedoms for all and respect for the principle of equal rights and self-determination of peoples, peace, democracy, justice, equality, rule of law, pluralism, development, better standards of living and solidarity,

Determined to take new steps forward in the commitment of the international community with a view to achieving substantial progress in human rights endeavours by an increased and sustained effort of international cooperation and solidarity.

C. Millennium Declaration

14. In the Millennium Declaration, the General Assembly reaffirmed certain fundamental values and principles essential to international relations in the twenty-first century, including “a collective responsibility to uphold the principles of human dignity, equality and equity at the global level”, and the principle of international solidarity, stating that “global challenges must be managed in a way that distributes the costs and burdens fairly in accordance with basic principles of equity and social justice. Those who suffer or who benefit least deserve help from those who benefit most.”

1 See also the reference made in Article 55 of the Charter.

D. International Human Solidarity Day

15. In its resolution 60/209, the General Assembly recalled that, in the Millennium Declaration, the Heads of State and Government, inter alia, identified solidarity as one of the fundamental and universal values that should underlie relations between peoples in the twenty-first century, and in that regard decided to proclaim 20 December of each year International Human Solidarity Day.

IV. Value and importance of the right to international solidarity

16. Solidarity stems from the shared value of all human beings by expressing mutual concern for the well-being of others.

17. Solidarity is a conscientious response to the suffering of others. The goal is not just to alleviate suffering but to remove the obstacles or burdens that exclude others from participating in and enjoying the fundamental rights to which all human beings are entitled.

18. Solidarity among Governments and peoples has pivotal importance for the realization of the goals of the United Nations.

19. The principle of international solidarity is indispensable to meet the common challenges of humankind in the contemporary world, and requires States to act with common but differentiated responsibilities, taking into account their historical advantages and contributions to the challenges facing humanity.

20. In the light of the interdependence among people throughout the world, there is a need to establish new, equitable and global links of partnership and intra-generational solidarity for the perpetuation of humankind.

21. In an era of globalization, circumstances are often beyond the control of individual States. Collective efforts and international solidarity are the precondition to realize the common goals of mankind, such as:

• Maintaining sustained international peace, and peace within States

• Responses to regional conflicts

• Sustainable development

• Combating international terrorism and extremists

• The eradication of poverty

• Protecting the common environment and combating natural and man-made disasters

• Responses to global economic and financial crises

• Combating HIV/AIDS and other serious diseases

• Responses to international emergencies

V. Basic guidelines

22. Basic guidelines could address:

(a) National independence based on the right of peoples to self-determination;

(b) The principle of non-interference in the internal affairs of States;

(c) Respect for the sovereignty and territorial integrity of States;

(d) The permanent sovereignty of each nation over its own natural wealth and resources;

(e) The right and the responsibility of each State and, as far as they are concerned, each nation and people to determine freely their own objectives of social development, to set their own priorities and to decide, in conformity with the principles of the Charter of the United Nations, the means and methods of their achievement, without any external interference;

(f) Peaceful coexistence, peace, friendly relations and cooperation among States, irrespective of differences in their social, economic or political systems;

(g) The peaceful settlement of international disputes without resorting to or threatening the use of force;

(h) Harmonious coexistence and progressive advancement of all civilizations and religions.

VI. Principles

23. All States and peoples should adhere to the principle of international solidarity with political will and commitment for the complete fulfilment of the purposes and principles of the Charter of the United Nations in a true spirit of solidarity and harmony.

24. International solidarity should be founded on the following principles:

(a) Respect for the dignity and value of the human person, and the promotion of all human rights and social justice globally;

(b) Adherence to the principles of justice, equity, peaceful coexistence, non- interference, self-determination, mutual respect, mutual trust and human solidarity in international relations;

(c) The elimination of all forms of inequality, exploitation of peoples and individuals, colonialism and racism, and all other policies and ideologies opposed to the purposes and principles of the Charter;

(d) The cooperation of all States in the full realization of the right to development and the elimination of obstacles to development, as well as the attainment of the Millennium Development Goals;

(e) The elimination of all forms of discrimination, such as discrimination against indigenous peoples, minorities, migrant workers, children, the aged and people with disabilities, and, in particular, discrimination against women, and gender equality in all aspects of human endeavours;

(f) The elimination of poverty and the assurance of a steady improvement in standards of living and welfare of all mankind;

(g) Sustained social and economic development, in particular in developing countries, equitable and just international economic relations and free, non-discriminatory international trade;

(h) Equitable sharing of scientific and technological advances by developed and developing countries, and a steady increase in the use of science and technology for raising standards of living;

(i) The promotion of ethical behaviour on the part of politicians, business enterprises and people generally to combat the scourge of corruption, which undermines development;

(j) Striving for disarmament and the channelling of progressively freed-up resources towards economic and social development;

(k) Recognition of the common interest of all nations in the exploration, conservation, use and exploitation, exclusively for peaceful purposes and in the interests of all mankind, of such areas of the environment as outer space and the seabed, the ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, in accordance with the purposes and principles of the Charter and relevant conventions;

(l) The adoption of effective measures, at both the regional and international levels, to combat transnational crime and crimes against humanity, to bring to justice those responsible for such crimes and to provide victims, whether direct or indirect, with effective remedies.

25. Transnational corporations should play a vital role in exploiting the resources of developing countries in an honest manner, without plundering those countries.

26. Land grabbing by States and non-State actors should be stopped where the interests of the local population, especially small farmers, are disregarded.

27. Business enterprises have a major role to play in promoting international solidarity by not pursuing the objective of making profits at all costs.

28. Aid should not be granted with any conditionality, for example, where it is attached to an obligation to purchase expensive equipment from the donor country or to employ the services of highly-paid consultants.

29. Non-governmental organizations play a crucial role in promoting international solidarity by mobilizing public opinion and carrying out studies.

30. States should mobilize public opinion, at both the national and international levels, in support of the principles and objectives of international solidarity, mainly through education and human rights education.

VII. Implementation measures and methods

31. Various measures and actions should be taken to promote the realization of the right to international solidarity. They include:

• Adhering to the importance of international solidarity with political will and the commitment of all States and peoples

• the fulfilment of the purposes and principles of the Charter of the United Nations in a true spirit of international solidarity and harmony

• Abiding by the principles of justice, equity, peaceful coexistence, non-interference, self-determination, mutual respect, mutual trust and human solidarity in international relations

• Upholding the principle of human solidarity towards victims of violations of international law, including violations of international human rights law and international humanitarian law, and towards humanity at large

• Making solidarity the central pillar of international cooperation with regard to international assistance, official development aid and other international cooperation

accords in the present-day circumstances of globalization and growing interdependence

• Acknowledging the effects of migration where many countries need migrant workers to sustain their economy. Their labour should not be exploited. Immigrants should be given the opportunity to preserve their culture within a model of peaceful integration in the host country

• Responding to global threats with international solidarity to ensure sustainable economic development and social progress, as well as increased international cooperation in environmental protection and disaster relief

• Fulfilling the obligations and commitments for the realization of the Millennium Development Goals, even beyond 2015, to make them sustainable development goals

• Strengthening support for United Nations activities in the promotion of international solidarity, including by contributing to the World Solidarity Fund.