23/45 Report of the Independent Expert on human rights and international solidarity, Virginia Dandan

GE.13-11787

Human Rights Council Twenty-third 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

The Independent Expert on human rights and international solidarity, Virginia Dandan, submits the present report in accordance with Human Rights Council resolution 21/10. The present report provides a summary of activities undertaken by the Independent Expert from September 2012 to February 2013. It also presents an update on her plan of work for future activities. In the addendum (A/HRC/23/45/Add.1), the Independent Expert submits her full report of the country study mission to Brazil carried out from 25 to 29 June

2012.

Contents Paragraphs Page

I. Introduction ............................................................................................................. 1–5 3

II. Activities undertaken............................................................................................... 6–24 3

A. Human Rights Council interactive dialogue .................................................. 7–11 4

B. 2012 Social Forum ......................................................................................... 12–14 6

C. International cooperation in the field of human rights .................................... 15–16 7

D. Consultations with States ............................................................................... 17–18 7

E. Consultations with civil society organizations ................................................ 19–20 8

F. Other activities ................................................................................................ 21–24 9

III. International Human Solidarity Day ....................................................................... 25–29 10

IV. International solidarity in outcomes of major United Nations and other global summits and ministerial meetings ................................................ 30–38 12

A. United Nations Climate Change Conference in Doha .................................... 30–32 12

B. African Union summit ................................................................................... 33–34 12

C. Summit of the Community of Latin American and Caribbean States ............. 35–38 13

V. Conclusion .............................................................................................................. 39–41 14

I. Introduction

1. The Human Rights Council appointed Virginia Dandan as the Independent Expert on human rights and international solidarity, effective 1 August 2011. In its resolution 21/10, the Council took note with appreciation of her first report as the Independent Expert (A/HRC/21/44), welcomed her participation in the United Nations Conference on Sustainable Development (Rio+20) and in the People’s Summit held during Rio+20, and encouraged her active engagement in the post-2015 process, stressing the role of international solidarity as a key element to achieve a sustainable and more inclusive development. The Council further welcomed the holding of the expert workshop on human rights and international solidarity in Geneva on 7 and 8 June 2012, and took note of the summary of the discussion contained in the addendum to the report (A/HRC/21/44/Add.1).

2. In the same resolution, the Council requested the Independent Expert to continue to identify areas to be addressed, the main concepts and norms that can 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. It also requested her to hold consultations with States, relevant United Nations and other international organizations, agencies and programmes, as well as other stakeholders at the national, regional and international levels, in the discharge of her mandate. The Council further requested the Independent Expert to undertake country visits with the aim of seeking and exchanging views with Governments and identifying their best practices for the promotion of international solidarity.

3. The Human Rights Council reiterated its request to 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. In this regard, the Council also requested the Independent Expert to conduct in-depth research and intensive consultations with a view to preparing and sharing with States and all other relevant stakeholders a preliminary text of the draft declaration on the right of peoples and individuals to international solidarity.

4. The Council also reiterated its request to the Independent Expert 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; to participate in relevant international forums and major events with a view to promoting the importance of international solidarity in the implementation of the Millennium Development Goals and in the post-2015 sustainable development agenda; and to report regularly to the General Assembly in accordance with its programme of work.

5. The present report reflects the activities undertaken by the Independent Expert during the period September 2012 to February 2013. It also presents an update on her programme of work for the final stage in the presentation of the draft declaration in 2014.

II. Activities undertaken

6. Since her previous report (A/HRC/21/44), submitted to the Human Rights Council in September 2012, the Independent Expert has undertaken a number of activities to

develop the mandate further and raise awareness of the right to international solidarity. The present report is submitted in accordance with the requests in Council resolution 21/10.

A. Human Rights Council interactive dialogue

7. At the twenty-first session of the Human Rights Council, held in September 2012, the Independent Expert presented her first annual report (A/HRC/21/44). She also presented to the Council a summary of an expert workshop on human rights and international solidarity held in Geneva in June 2012 (A/HRC/21/44/Add.1). In her statement to the Council, the Independent Expert described how she had divided the work plan of the mandate into three stages with a view to developing a draft declaration on the right of peoples and individuals to international solidarity. The past work of her predecessor, Rudi Muhammad Rizki, constituted Stage One, in which international solidarity had been affirmed in various ways, including as a fundamental conception of mutually reinforcing relations among persons, groups and nations; as an essential binding element that underpins global partnerships; as a key approach to poverty eradication; and as an indispensable component of the efforts to realize all human rights, including the right to development and the Millennium Development Goals.

8. Stage Two involves the application of empirical methods in exploring and examining issues, principles, standards and norms, and in consulting with States and various stakeholders, civil society, and people at the grass-roots level. Stage Three will be devoted to consolidating and analysing the results of Stages One and Two, and to elaborating the draft declaration, culminating in its submission to the Human Rights Council in 2014. The activities described in the first report of the Independent Expert, including its addendum, as well as in the present report, are all part of Stage Two. International solidarity was defined and redefined in the course of Stage One as inspired by and drawn from the historical and philosophical foundations of the concept or principle of international solidarity and, to a certain extent, its value in international relations was thus established.

9. Stage Two is aimed at building the momentum necessary to move further beyond the field of international cooperation and assistance, which, in the view of the Independent Expert, have held back and constrained for too long the elaboration of a right to international solidarity. The Independent Expert stresses that paragraph 2 of Human Rights Council resolution 18/5 and paragraph 58 of the 2010 report of the previous mandate holder (A/HRC/15/32) are the touchstones that ground Stage Two of her work plan, and define what the mandate of human rights and international solidarity is all about. In effect, Stage Two has shifted the focus from the concept or principle of international solidarity to a right to international solidarity.

10. At the twenty-first session of the Human Rights Council, the Independent Expert shared some preliminary considerations emerging from Stage Two, with regard to what the draft declaration would include. Those considerations had been drawn from various sources, including the activities described in her first report and its addendum, as well as from her informal consultations with various actors, personal research and engagements with global civil society. However, she underscored that those considerations should not be misconstrued as pre-empting the flow of her work plan; rather, they could serve as the starting points in elaborating a draft declaration on the right to international solidarity. Those considerations are as follows:

(a) The draft declaration will embark from a level playing field mirroring the current international political and economic realities which have blurred the previous stereotyped relationships between developed and developing countries and economies. In this regard, the Independent expert stresses that a right to international solidarity reaches

beyond the economic sphere to the humanitarian, environmental and other fields where the North/South distinctions have become less clear-cut;

(b) The draft declaration will invoke the legal sources of a right to international solidarity that have been pointed out repeatedly in the past, and document the details of international law and international human rights law on which the right is founded. The principles that will inform the declaration will evolve from the substantive content of human rights treaties and other sources of international law; relevant resolutions of the Commission on Human Rights and the Human Rights Council; the interests that States share in common; and the interests of various civil society actors, including non- governmental and grass-roots groups;

(c) The configuration of a right to international solidarity requires more than relying solely on rationality. Since international solidarity stems from the lived experience of interdependence and interrelatedness that inform social relations in contemporary times, a right to international solidarity must take into account how good practices of collective action on the ground—whether among individuals, groups of individuals or States—give rise to desirable outcomes towards the realization of human rights. People and institutions can and do engage in what one author has called ―solidarity relations‖1 across distances. Even in the absence of face-to-face contact, modern technology has given them the means for finding commonalities as their basis for empathy and for taking collective action. This phenomenon is evident in the multifarious social movements that have spanned the globe in recent times, and the phenomenal growth of social networking along with the virtual and the real communities it spawned. Best practices in this regard can validate a right to international solidarity;

(d) Precisely because international solidarity resides in such a fragile balance of empathy, openness and readiness to take action, its outcomes can either be directed towards the realization of human rights, or manipulated, misused and abused to further perpetuate pervasive asymmetries and inequalities. A right to international solidarity would provide a mechanism to prevent, protect against and manage this risk;

(e) A right to international solidarity will establish and strengthen space for participation and, at the same time, increase the accountability of national and international stakeholders by creating duties and obligations, including respect for cultural diversity and the right to peace. It should not be interpreted as replacing the obligations of national Governments to respect, protect and fulfil human rights within their territories. It would support national policy choices, and at the international level, could take the form of supporting participation, for example by making data available to all, including through transfer of technology, capacity-building and the sharing of the benefits of research and scientific progress. As a minimum core obligation, States must desist from actions that violate human rights in other countries;

(f) A right to international solidarity will identify obligations that extend beyond the question of establishing mechanisms at the international level for the distribution of resources. Positive obligations would include taking concrete steps to regulate financial markets; cooperating to regulate migration on the basis of solidarity; guaranteeing access to information and communications technology, especially for the marginalized and disadvantaged; implementing measures that guarantee participation in decision-making; and countering systemic violations of human rights. Negative obligations would include not adopting free trade agreements that have the effect of undermining peoples’ livelihoods or

1 See Carol C. Gould, ―Transnational Solidarities‖, Journal of Social Philosophy, vol. 38, No. 1 (2007),

pp. 148-164.

other rights; not increasing or contributing to global warming; not causing the depletion of or irreparable damage to natural resources and biodiversity; not engaging in irregular weapons trade; and not impeding access to information and communications technology;

(g) The achievement of the Millennium Development Goals requires international solidarity and cooperation. The proposed declaration on the right to international solidarity could inform and strengthen the targets of the Goals, especially those related to Goal 8, as they presumably evolve into the sustainable development goals that are already in the planning stage. Looking beyond the deadline for the achievement of the Millennium Development Goals, the declaration on the right to international solidarity could provide a framework in which international commitments, such as that of fostering Goal 8, could be pushed forward, along with the preventive value of a right to international solidarity, in addressing global poverty and inequality. The Goals and the corresponding targets are interrelated and should be seen as a whole. They represent a partnership between countries, irrespective of the status of economic development, ―to create an environment – at the national and global levels alike – which is conducive to development and the elimination of poverty‖.2 A right to international solidarity has the potential to progressively create such an environment.

11. The Independent Expert concluded her statement to the Human Rights Council at its twenty-first session by requesting the opportunity and facilities, in terms of time and resources, to be able to consult with States’ delegations to the Council, as well as with regional groupings, to collect their views and expectations of the draft declaration on the right to international solidarity.

B. 2012 Social Forum

12. In accordance with resolution 19/24 of the Human Rights Council, the 2012 Social Forum was held in Geneva from 1 to 3 October 2012. The Social Forum serves as a unique space for open and constructive dialogue among States, civil society and intergovernmental organizations, on issues linked to promoting a national and international environment for the enjoyment of all human rights by all. The 2012 Social Forum focused on people-centred development and globalization, with key themes including participatory development, democratic governance; social movements; social movements and women’s rights; coherent mobilization of all sources of financing for development; the international financial system and enhancing a globally enabling environment for development; strengthening the global partnership for development; promoting sustainable development in an era of globalization and innovative approaches to development and globalization.

13. The Independent Expert participated in the thematic panel on participatory development, in which she described her experience in leading the work of a human rights community development project jointly sponsored by the Commission on Human Rights of the Philippines and the New Zealand Human Rights Commission in the Bajau indigenous communities in the conflict-ridden area of Mindanao in the Philippines. Recounting valuable lessons learned during that project, she called upon human rights practitioners to not only focus on preventing human rights violations but also to undertake activities aiming at the empowerment of people and communities to foster and protect their own well-being. She said that in this context human rights should determine how we live together as one human family. The project is a valuable example of solidarity cooperation to improve human rights on the ground.

2 General Assembly resolution 55/2, para. 21.

14. The Independent Expert also moderated the session on innovative approaches to development and globalization. At the end of the Social Forum, participants concluded, inter alia, that in an era of globalization, society must develop a new people-centred development paradigm founded on the principles of human rights, equality, solidarity and sustainability.

C. International cooperation in the field of human rights

15. In its resolution 19/33, the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights to organize, before the twenty-second session of the Council, a seminar on the enhancement of international cooperation in the field of human rights, with the participation of States, relevant United Nations agencies, funds and programmes, and other stakeholders, including academic experts and civil society, in addition to a member of the Advisory Committee. It also requested that the seminar be built upon the study prepared by the Advisory Committee (A/HRC/19/74), including the recommendations contained therein.

16. The Independent Expert on human rights and international solidarity submitted a written statement for session IV of that seminar; the theme of the session was ―The way forward: general prospects, the ways and means to enhance international cooperation in the field of human rights including through developing guidelines, technical assistance, UPR and other international mechanisms‖. In her statement, the Independent Expert stressed the importance in international cooperation of best practices towards the realization of human rights. She made a strong call for participants to consider innovative mechanisms of cooperation, including South-South and triangular cooperation, which are still of relatively limited use in the promotion and realization of human rights.

D. Consultations with States

17. In its resolution 21/10, the Human Rights Council requested the Independent Expert to hold consultations with States, relevant United Nations and other international organizations, agencies and programmes, as well as other stakeholders at the national, regional and international levels, in the discharge of her mandate. In pursuit of this request, during the twenty-first session of the Council, the Independent Expert held consultations with several States. She expresses her thanks to the Permanent Missions of Bangladesh, Brazil, Cuba, Cyprus, Ethiopia, European Union, Iran (Islamic Republic of), Japan, Timor- Leste, Venezuela (Bolivarian Republic of) and the United States of America, as well as the Permanent Observer Mission of the Holy See, for having shared their views on the various aspects of her mandate. It is her intention to continue this process of consultations with many States and also to undertake regional consultations.

18. Delegations expressed diverse and constructive views regarding the concept of and the right to international solidarity. The following views are illustrative rather than exhaustive:

• The definition of solidarity is illusive because it can take many forms.

• There should be a focus on best practices of solidarity that could be replicated in other places for the benefit of a country or a region.

• International solidarity should emphasize how human rights can be a positive intervention in the lives of people.

• Promoting economic growth and development and combating poverty are linked to each other and international solidarity ensures that this link is sustained throughout the progressive achievement of the desired outcomes.

• Innovative mechanisms of financing for development, such as solidarity funds, should be strengthened.

• The concept of international solidarity is too abstract at this point, and this makes it difficult for some States that are concerned with the possible legal and financial implications.

• There is a need for more clarity regarding what a right to international solidarity consists of, and this right should not impose new obligations on States.

• The Independent Expert should engage further with States and also hold consultations with regional groups.

• Some form of a preliminary text of the draft declaration would be of great value so that States can reflect on and respond to a concrete reference rather than indulge in abstract speculations about a right to international solidarity.

• The Independent Expert was requested to examine how international solidarity can be a mutually reinforcing policy between and among States.

• International solidarity should be incorporated into the work of United Nations agencies and programmes.

• Civil society should be engaged in the process of elaborating the draft declaration from the early stages.

• There are many good practices in the field of international solidarity that could be shared, and an event should be organized on the sidelines of the Human Rights Council for this purpose.

• A few delegations stated that solidarity is a part of their culture, religion and constitution.

• International solidarity leads to an environment of peace.

E. Consultations with civil society organizations

19. The Independent Expert believes that the exchange of views and greater engagement with civil society organizations (CSOs) and other stakeholders is a key to the process of drafting a declaration on the right to international solidarity; this has also been expressed by some delegations. Since her appointment, the Independent Expert has participated in several discussions and undertaken consultations with CSOs in Geneva and elsewhere. During the twenty-first session of the Human Rights Council, the Independent Expert attended and addressed three side events on themes relating to international solidarity:

(a) ―International solidarity: the role of peace operators in zones of chronic conflicts‖, held on 14 September 2012 and organized by the Associazione Comunità Papa Giovanni XXIII;

(b) ―International solidarity and human rights: meeting between the Independent Expert and civil society‖, co-organized by New Humanity, Associazione Comunità Papa Giovanni XXIII, Caritas Internationalis, Dominicans for Justice and Peace (Order of Preachers) and the International Organization for the Right to Education and Freedom of Education, and co-sponsored by the Geneva Catholic Inspired NGOs Forum, Good Neighbours International and North-South XXI;

(c) A meeting with non-governmental organizations (NGOs) entitled ―Interactive dialogue on international solidarity – from concept to action – with the UN Independent Expert on international solidarity, Ms. Virginia Dandan‖.

20. The following are some views expressed during the consultations with CSOs:

• International solidarity became a reality after the Second World War, when certain systems showed what kind of horrors humankind is capable of perpetrating. International solidarity became a key element of the Charter of the United Nations, an expression of unity of the human family. The vocabulary is still not precise, expressions must be clear, and this is the work of the Independent Expert.

• People in need have a right to assistance and this generates an obligation for others. This explains and widens the concept of solidarity as a mechanism for equalizing, providing for the people needing assistance and for concrete action. It is not a technical response that is required, but a definition and explanation of a moral obligation.

• Solidarity and human rights converge to protect the dignity of everyone. Solidarity is a platform on which to build the implementation of other human rights.

• The right to development cannot be realized in a poor country if there is no international solidarity.

• The normative implementation of international solidarity is needed to help people claim their human rights in the international community.

• The notion of international solidarity is concerned with supporting and creating a global common culture that will help to implement human rights.

• Solidarity is the enabling environment necessary for human rights to be realized.

• Solidarity must be the regulatory principle in the new global economic order marked by greater interdependence between States and peoples.

• Solidarity has certain moral values but it is also a principle of international law. The preamble to the Vienna Declaration and Programme of Action explicitly refers to the fundamental value of solidarity. There will be no substantial progress in terms of human rights without international solidarity and cooperation. International solidarity is also at the core of the United Nations Millennium Declaration.

• The Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community3 considers solidarity as a common value of the Member States of the European Union.

• International solidarity must take into account the asymmetric power relations between and among States, which have implications in relation to rights, mutual obligations and equitable relationships.

F. Other activities

1. Diplomacy Training Program

21. The Independent Expert participated in the 22nd Annual Regional Human Rights and Peoples’ Diplomacy Capacity Building Program for Human Rights Defenders of the Asia-Pacific Region, held from 26 November to 10 December 2012 in Dili. The two-week programme was organized by the Diplomacy Training Program (DTP), an NGO, at the invitation of DTP founder and patron, José Ramos-Horta, 1996 Nobel Peace Laureate and

3 See http://europa.eu/lisbon_treaty/index_en.htm.

former President, Prime Minister and Foreign Minister of Timor-Leste. DTP is affiliated with the University of New South Wales in Sydney, Australia.

22. The Independent Expert was invited to conduct and facilitate training sessions on the right to international solidarity; human rights in development; economic, social and cultural rights and the concept of State obligations; and extraterritorial obligations of States in the field of economic, social and cultural rights. During her stay in Timor-Leste, the Independent Expert also held informal consultations with several stakeholders on the right to international solidarity. One of the recommendations coming out of the consultations was for DTP to include the right to international solidarity as one of its main topics in all its training courses. Mr. Ramos Horta, in his class for the trainees, stressed that the independence of Timor-Leste had been made possible because of international solidarity.

2. Asia Development Alliance

23. The Independent Expert attended, as a key speaker, the first regional meeting of the Asia Development Alliance (ADA) held from 31 January to 2 February 2013 in Bangkok, which brought together CSOs from across Asia. The meeting was held on the theme ―Promote Asian solidarity for the world we want: Asian CSO strategies on global development challenges‖.4 The meeting emphasized the importance of solidarity among national and subnational CSO platforms in Asia in building a global vision and strategies in terms of engaging in global processes, such as the United Nations development agenda beyond 2015 and the Millennium Development Goals, the follow-up to the Fourth High- level Forum on Aid Effectiveness, held in Busan in 2011, and other related processes.

24. The main objective of ADA is to promote more effective international cooperation and solidarity among CSOs in partnership with like-minded international CSO networks engaged in the promotion of sustainable human development in the context of the post- 2015/Millennium Development Goals process. The ADA meeting focused on: (a) sharing – sharing of experiences among national platforms about their activities as well as their advocacy work on an enabling environment; (b) analysis – reflection on key international and regional issues, trends and challenges facing national platforms with a focus on international processes and meetings; and (c) strategizing – making joint action plans based on a common event calendar and designing a sustainable facilitation and coordination mechanism. Two parallel sessions were held: one entitled ―Enabling Environment for CSO Development Effectiveness‖, the other ―Financing for Development – Beyond the Monterrey Consensus‖. The ADA meeting was hosted by the Asian Forum for Human Rights and Development, and co-convened by the Voluntary Action Network India, for South Asia; the Cooperation Committee for Cambodia and the Caucus of Development NGO Networks (Philippines), for South-East Asia; and the Korea NGO Council for Overseas Development Cooperation, for North-East Asia.

III. International Human Solidarity Day

25. In its resolution 60/209, the General Assembly 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 every year as International Human Solidarity Day. Through its resolution 57/265, the Assembly decided to establish the World Solidarity Fund, which was set up in February 2003 as a trust fund of

4 See International Forum of National NGO Platforms, ―Asian Voice for the World We Want 2015:

Asian Development Alliance Bangkok Declaration 2013‖, 13 February 2013, available from www.ong-ngo.org.

the United Nations Development Programme. Its objective is to eradicate poverty and promote human and social development in developing countries, in particular among the poorest segments of their populations.

26. Since her appointment, the Independent Expert has worked to increase awareness of the commemoration of this important day. She coordinated with the Office of the President of the General Assembly, the Department of Economic and Social Affairs and the Executive Office of the Secretary-General. The 2012 theme was ―Global partnership for building shared prosperity‖.5 The Secretary-General, the President of the General Assembly and the Independent Expert each delivered messages, making a strong call for greater solidarity among nations and peoples, which is so important in a period of dramatic transition.

27. The Secretary-General stated that solidarity is crucial to solving problems in our interconnected world. He called on all citizens of the world to help advance solidarity as a global family and reach the shared goals. The President of the General Assembly, Vuk Jeremic, stated that International Human Solidarity Day commemorated one of the core values of the United Nations. The preamble of the Charter of the United Nations affirms that the peoples of the United Nations are ―determined to promote social progress and better standards of life in larger freedom‖ and to that end ―unite our strength to maintain

international peace and security‖. That represented a notable expression of the spirit of human solidarity. He stated: ―Much has been achieved but much more needs to be done to honour this commitment. We can enjoy a more prosperous and equitable future if we reinforce the spirit of solidarity at the United Nations.‖

28. The President also stated that ―Global partnership for building shared prosperity‖ was a call that advocated a more resilient and equitable partnership for global development to fight poverty and hunger as well as the increasing threat of climate change. It sought to promote social inclusion and justice. He emphasized that those were priorities of his work as President of the General Assembly, and that it was important to work together to build a more inclusive and prosperous world where peace and development benefited all, not just the few. There was a need for strong global partnerships that generate the innovation and dynamism required to make long-lasting change.

29. The statement issued by the Independent Expert to mark the occasion6 highlighted the urgent need to work together to surmount poverty and inequality and to save our planet from destruction. She pointed out that International Human Solidarity Day was an opportunity to reflect on how we could build a global partnership to effectively accomplish development goals, particularly the post-2015 development agenda. She stressed that innovative ways of financing for development and social inclusion are important initiatives in global partnerships, and the most effective and successful practices should be shared and even replicated from the international to the community levels. In this respect, she cited how solidarity economies had been making important contributions to sustainable livelihoods and social protection worldwide, empowering people to realize their human rights. Shared prosperity is the new solidarity that the world needs today to overcome development challenges towards the fulfilment of human rights.

5 See www.un.org/en/events/humansolidarityday. 6 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12900&LangID=E.

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

A. United Nations Climate Change Conference in Doha

30. The eighteenth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change and the eighth session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol were held in Doha from 26 November to 8 December 2012.

31. In her message to the United Nations Climate Change Conference, the Independent Expert urged world governments to see beyond the cost of climate change in terms of money, and to adopt a strong commitment to international solidarity as a key element towards a successful round of United Nations climate change talks. She stated that international solidarity was a key factor in building a global constituency for more equitable arrangements for climate change, particularly on investments, finance, aid, debt, technology transfer, intellectual property, migration, the environment and the global partnership for development. She stressed the urgent need for a new cooperation model built upon a multilateral response to the mounting challenges of climate change, guided by the human rights approach to the principles of equity and of common but differentiated responsibilities, and implemented in the spirit of international solidarity. The Independent Expert urged parties not to abandon the Kyoto Protocol, and not to allow the expiration of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention without a clear transfer of unresolved issues linked to the principles of equity and of common but differentiated responsibilities, while taking into full account the standards enshrined in the Universal Declaration of Human Rights.

32. Following the Conference, the Independent Expert welcomed the development that in Doha 37 countries (all of the European Union members, Australia, Belarus, Croatia, Iceland, Kazakhstan, Norway, Switzerland and Ukraine) adopted legally binding emission reduction targets bringing them collectively to a level 18 per cent below their 1990 baselines over the next eight years. She also welcomed that all countries confirmed their determination to reach an agreement applicable to all by December 2015. She expressed her regret however, that developments have been far too slow, stressing that no single country is safe from climate change impacts.

B. African Union summit

33. The twentieth African Union summit was held in Addis Ababa from 21 to 28 January 2013 on the theme ―Pan-Africanism and African renaissance‖.7 The summit also marked the fiftieth anniversary of the creation, on 25 May 1963, of the Organization of African Unity (OAU). The OAU represented a historic moment in the history of the African continent and its commitment to achieve greater unity and solidarity among the countries and the peoples of Africa. The twentieth African Union summit outcomes are a valuable expression of the commitment of the region towards a better environment for cooperation and solidarity in African countries and of their relations with the world. Among other outcomes, the Assembly of the African Union decided to request a refocusing of the Economic Commission for Africa to enhance its work in accordance with Africa’s priorities.

7 See http://au.int.

34. A series of institutions are to be created, including the African Observatory on Science, Technology and Innovation and the Pan-African Intellectual Property Organization. Measures to be taken include the strengthening of the coordination of the Committee of African Heads of State and Government on Climate Change, in particular with respect to Africa’s preparation for the nineteenth session of the Conference of the Parties to the United Nations Framework Convention on Climate Change and the ninth session of the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol. A proposal for the establishment of an international constitutional court will also be examined by the African Union Commission on International Law. A proposal made by Guinea relating to the creation of a South-South and triangular coalition in support of Africa post-2015 was approved in principle. The Assembly also requested the African Union Commission to take the necessary steps towards the integration of the New Asian- African Strategic Partnership into the African Union structures and processes. The new Partnership was created on the fiftieth anniversary of the first Asia-Africa Conference, also known as the Bandung Conference, held in 1955 in Indonesia and considered to be the birthplace of South-South solidarity.

C. Summit of the Community of Latin American and Caribbean States

35. The first Summit of the Community of Latin American and Caribbean States was held in Santiago from 27 to 28 January 2013.8 This historic summit, convened for the integration of the 33 countries of the region towards achieving progress in political, economic, social and cultural unity, is an example of good practice in international solidarity. The Santiago Declaration states that the Community of Latin American and Caribbean States (CELAC) is aimed at strengthening complementarity and avoiding duplication between integration mechanisms in the region, as their interaction, based on the principle of solidarity and cooperation, is essential for consolidation of the Community. It also reaffirmed the commitment to mutually beneficial integration, solidarity and cooperation among the members of the Community, in particular for countries that are less developed.

36. A meeting between CELAC and the European Union was also convened in Santiago, on 26 and 27 January 2013, to renew and deepen the bi-regional strategic partnership, with the theme: ―Alliance for sustainable development: promoting investments of social and environmental quality‖. Building upon past European Union–Latin American and the Caribbean summits, confidence was expressed that the new approach would result in a balanced, efficient, constructive and symmetrical relationship with complementarity and solidarity between the two regions.9

37. The CELAC-EU Action Plan10 adopted at the summit contained eight priority areas for strengthening bi-regional cooperation and solidarity:

• Science, research, innovation and technology

• Sustainable development, environment, climate change, biodiversity, energy

• Regional integration and interconnectivity to promote social inclusion and cohesion

• Migration

• Education and employment to promote social inclusion and cohesion

• The world-wide drug problem

8 See the Santiago Declaration of the First CELAC Summit, Santiago, 28 January 2013. 9 See the CELAC-EU Santiago Declaration, Santiago, 27 January 2013. 10 See www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/135043.pdf.

• Gender

• Investments and entrepreneurship for sustainable development

38. On the sidelines of the CELAC-EU summit, the Summit of the Peoples of Latin America, the Caribbean and Europe was held in Santiago de Chile from 25 to 27 January 2013 on the theme ―For social justice, international solidarity and sovereignty of the peoples‖.11 The Summit of the Peoples declaration contained a strong call for government leaders to take into account their requests for social and environmental justice, solidarity and unity among the peoples of Latin America and Europe, the defence of their sovereignty and the rejection of the commercialization of nature and of life.

V. Conclusion

39. The Independent Expert had originally committed to present a preliminary text for the draft declaration on the right of peoples and individuals to international

solidarity to the Human Rights Council at its twenty-fourth session. However, the

cycle for reporting and interactive dialogue for special procedures was modified

during the latter part of the twenty-first session; as a consequence, the Independent

Expert is now scheduled to report to the Council at its twenty-third session. In effect,

the reporting cycle for the Independent Expert has been advanced by three months.

40. Currently, the Independent Expert is continuing to consolidate information and research materials, closing data gaps where required, in the process of preparing a

preliminary text. She expects to complete this text by August 2013. A note verbale

containing the preliminary text of the draft declaration will then be transmitted to the

State delegations of the Council, with a view to eliciting comments and inputs.

41. The Independent Expert will follow her work plan and continue her consultations with States, meeting with them on a face-to-face basis as far as possible,

in addition to taking into account their written comments and suggestions on the

preliminary text; engage with civil society organizations and other stakeholders to

solicit their views and inputs; conduct country study visits to seek best practices of

international solidarity; and report on what has been achieved with regard to the

mandate of human rights and international solidarity towards a draft declaration on

the right of peoples and individuals to international solidarity.

11 See http://cumbrechile2013.org/cumbre-de-los-pueblos-de-america-latina-el-caribe-y-europa/.