39/18 Right to development - Report of the Secretary-General and the United Nations High Commissioner for Human Rights / RightDocs

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Document Type: Final Report

Date: 2018 Jul

Session: 39th Regular Session (2018 Sep)

Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.18-11384(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of

the High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Right to development

Report of the Secretary-General and the United Nations High

Commissioner for Human Rights

Summary

The present report contains an overview of the activities of the Office of the United

Nations High Commissioner for Human Rights on the promotion and realization of the

right to development from June 2017 to May 2018. The report also provides an analysis of

the implementation of the right to development, taking into account existing challenges and

making recommendations on how to overcome them. The report complements the report of

the Secretary-General and the High Commissioner on the right to development submitted to

the Human Rights Council at its thirty-sixth session (A/HRC/36/23).

United Nations A/HRC/39/18

I. Introduction

1. In its resolution 48/141, establishing the post of United Nations High Commissioner

for Human Rights, the General Assembly decided that the High Commissioner should

promote and protect the realization of the right to development and enhance support from

relevant bodies of the United Nations system for this purpose. The General Assembly also

decided that the High Commissioner should recognize the importance of promoting

balanced and sustainable development for all people and of ensuring the realization of the

right to development, as established in the Declaration on the Right to Development.

2. The Human Rights Council, in its resolution 36/9, requested the Office of the United

Nations High Commissioner for Human Rights (OHCHR) to continue to submit to the

Council an annual report on its activities, including on inter-agency coordination within the

United Nations system, that have direct relevance to the realization of the right to

development, and to provide an analysis of the implementation of the right to development,

taking into account existing challenges and making recommendations on how to overcome

them.

3. In its resolution 72/167, the General Assembly reaffirmed its request to the High

Commissioner, in mainstreaming the right to development, to effectively undertake

activities aimed at strengthening the global partnership for development among Member

States, development agencies and the international development, financial and trade

institutions and to reflect those activities in detail in his next report to the Human Rights

Council.

4. In the same resolution, the General Assembly requested the Secretary-General to

submit a report to the Assembly at its seventy-third session and an interim report to the

Human Rights Council on the implementation of the present resolution, including efforts

undertaken at the national, regional and international levels in the promotion and realization

of the right to development.

5. The present report is submitted in accordance with the above requests. It contains an

overview of the activities of the Office relating to the promotion and realization of the right

to development, covering the period from June 2017 to May 2018, and an analysis of the

implementation of the right to development, existing challenges and recommendations on

how to overcome them.

II. Activities of the Office of the United Nations High Commissioner for Human Rights

6. In implementing its mandate to promote and protect the realization of the right to

development, the Office is guided by the Declaration on the Right to Development, the

Vienna Declaration and Programme of Action, relevant resolutions of the General

Assembly and the Human Rights Council and conclusions and recommendations of the

Working Group on the Right to Development.

7. The OHCHR operational framework for promoting and protecting the realization of

the right to development is contained in the strategic framework for the period 2018–2019

and OHCHR Management Plan for the period 2018–2021.1

1 See A/71/6 (Prog. 20), pp. 4–7; OHCHR, United Nations Human Rights Management Plan 2018–

2021 (HRC/NONE/2018/17). Available at

www2.ohchr.org/english/ohchrreport2018_2021/OHCHRManagementPlan2018-2021.pdf.

A. Support to the Working Group on the Right to Development

8. OHCHR provided support to the Working Group on the Right to Development for

the organization of its nineteenth session, held from 23 to 26 April 2018 (A/HRC/39/56). It

also supported the Chair-Rapporteur during the intersessional period in holding informal

consultations and presenting the report of the Working Group to the Human Rights Council

and the General Assembly.

9. At its nineteenth session, the Working Group held interactive dialogue with the

Special Rapporteur on the right to development and with experts on the implementation and

realization of the right to development. It also considered contributions made by States at

the national, regional and international levels to the implementation of the right to

development; drafted criteria and corresponding operational subcriteria on the right to

development; and drew up a comprehensive and coherent set of standards for the

implementation of the right to development.2

B. Support to the Special Rapporteur on the right to development

10. OHCHR also supported the new Special Rapporteur on the right to development,

who took up his role on 1 May 2017. During the period under review, he presented his

vision report (A/HRC/36/49), in which he outlined the background and context of the

mandate, challenges for its implementation and a strategy, as well as specific work streams.

The report also detailed the Special Rapporteur’s approach to engagement with

stakeholders and his methods of work.

11. In accordance with Council resolution 36/9, the Special Rapporteur is convening

regional consultations on the practical implementation of the right to development. The

objective of these consultations is to identify good practices in designing, implementing,

monitoring and assessing policies and programmes that contribute to the realization of the

right to development. The first consultation, for the African region, took place in Addis

Ababa from 27 to 29 March 2018. The consultations will feed into the development of

guidelines and recommendations for designing, monitoring and assessing the structures,

processes and outcomes of human rights-informed development policies. They will also

identify indicators and measurements.

12. In resolution 33/14, the Council also requested the Special Rapporteur to contribute

to the work of the Working Group on the Right to Development, with a view to supporting

the accomplishment of its overall mandate. Consequently, the Special Rapporteur

participated in informal consultations held by the Chair-Rapporteur of the Working Group

with representatives of Member States and civil society organizations in September 2017

and participated in the nineteenth session of the Working Group.

C. Support to the Advisory Committee

13. At the request of the Advisory Committee, OHCHR provided expert input and

shared information in relation to a study on the ways in which development contributes to

the enjoyment of all human rights that the Committee is preparing as requested by the

Council (Council resolution 35/21). The study draws on contributions received from States,

United Nations and other intergovernmental bodies and agencies, non-governmental

organizations, national human rights institutions and other stakeholders and will be

submitted to the Council at its forty-first session.

D. Activities for the promotion and realization of the right to development

14. During the period under review, OHCHR organized and supported numerous

activities that have direct relevance to the realization of the right to development, including

2 The report is contained in document A/HRC/39/56.

in the context of the implementation of the 2030 Agenda for Sustainable Development.

Some examples are provided below.3

15. In July 2017, OHCHR delivered a presentation on the right to development at the

Second Regional Conference on the Protection and Promotion of Human Rights “Human

rights-based approach to the implementation of the 2030 Agenda for Sustainable

Development in the Arab Region”, organized by OHCHR and the League of Arab States

and held in Cairo.

16. In September 2017, OHCHR organized the biennial panel discussion on unilateral

coercive measures and human rights. The objective of the panel is to increase awareness

among all stakeholders, including United Nations human rights mechanisms, of the

negative impact of unilateral coercive measures on the enjoyment of human rights in

countries targeted by unilateral coercive measures and in third countries (see Council

resolution 37/21). The panel theme was “Resources and compensation necessary to

promote accountability and reparation”. Its objective was to identify principles, guidelines

and mechanisms for assessing, mitigating and redressing the adverse impact of unilateral

coercive measures.

17. In December 2017, OHCHR participated in the South-South Human Rights Forum

in China. The Office provided contributions on “Realization of inclusive development and

human rights under South-South cooperation” and “Building a community of shared future

for mankind and promoting global human rights governance”, integrating the right to

development, human rights, peace, sustainable development, international cooperation and

related issues.

18. OHCHR participated in a Human Rights Council side event entitled “Realizing the

right to development through connectivity – China-Pakistan economic corridor”, organized

by the Permanent Mission of Pakistan in Geneva. The event was premised on the idea that

“connectivity” of remote areas and regions with urban centres and trading hubs can help

bring about transformation, alleviate poverty and address inequalities. OHCHR underlined

the key role of the right to development in this context. Constructive development must

advance human, environmentally protective, well-being, with special attention given to the

vulnerable and marginalized, including women and girls living in remote, rural areas.

19. OHCHR organized and participated in a number of events focused on environmental

issues, including climate change and its impact on the right to development. It advocated

for the integration of the right to development in the implementation guidelines for the

Paris Agreement under the United Nations Framework Convention on Climate Change.

OHCHR organized a briefing on the Twenty-third Conference of the Parties to the United

Nations Framework Convention on Climate Change, a meeting on the Talanoa dialogue

platform, two side events on general recommendation No. 37 (2018) of the Committee on

the Elimination of Discrimination against Women on gender-related dimensions of disaster

risk reduction in the context of climate change, the Expert Meeting “Promoting rights-based

climate finance for people and planet”4 and the Human Rights Council panel discussion on

human rights, climate change and migration (see A/HRC/37/35). The Deputy High

Commissioner participated in the launch of the Environmental Rights Initiative. OHCHR

also participated in a meeting at the International Human Rights Conference of Pakistan,

which discussed the operationalization of the local communities and indigenous peoples’

platform at the Conference of the Parties to the United Nations Framework Convention on

Climate Change, and participated in a number of events at the twenty-third session of the

Conference of the Parties to the United Nations Framework Convention on Climate Change

3 More information on these and other activities is available at

www.ohchr.org/EN/Issues/Development/Pages/DevelopmentIndex.aspx.

4 See “Promoting rights-based climate finance for people and planet”. Available from

www.ohchr.org/EN/Issues/Development/Pages/19thSession.aspx.

and the Third United Nations Environment Assembly. OHCHR submitted multiple reports

on climate change and migration to the Human Rights Council.5

20. In July 2017, OHCHR participated in the World Trade Organization’s Global

Review on Aid for Trade, which had as its theme “Promoting trade, inclusiveness and

connectivity for sustainable development”. In September 2017, OHCHR took part in the

panel “Africa’s continental free trade area: achieving human rights-consistent

development” of the World Trade Organization’s annual public forum, entitled “Trade:

behind the headlines”.

21. OHCHR made efforts to raise awareness on the right to development, including

through research and analysis, development of resources and tools and the dissemination of

publications both within and beyond the Office. The Office continued its outreach and

advocacy on the right to development and provided briefings to various partners and civil

society groups with a view to revitalizing the dialogue and building support for the right to

development.

22. OHCHR developed an e-learning module on “Operationalizing the right to

development in implementing the SDGs” jointly with the University for Peace and the

United Nations University International Institute for Global Health, in collaboration with

academics. The module explains how the right to development can be operationalized in the

implementation of the Sustainable Development Goals, especially its international

dimensions vis-à-vis Sustainable Development Goal 17 on “Revitalize the global

partnership for sustainable development”.

23. OHCHR undertook studies, which contributed to the work of the nineteenth session

of the Working Group on the Right to Development. The studies addressed issues such as

the international dimensions of the right to development; illicit financial flows;

international investment agreements and industrialization; and promoting rights-based

climate finance for people and planet.6

24. In order to promote the right to development in Guinea-Bissau, OHCHR, in

cooperation with the United Nations Integrated Peacebuilding Office in Guinea-Bissau,

undertook several initiatives involving relevant stakeholders. Among other things, OHCHR

provided technical assistance and advice for the mainstreaming of human rights, including

the right to development, in the National Development Plan of Guinea-Bissau.

25. In Madagascar, OHCHR organized a round-table discussion to draft a tripartite

charter for sustainable development and respect for human rights in the framework of

private investments. OHCHR also conducted training for national authorities to build their

capacity to apply a human rights-based approach in drawing up the national development

plan.

26. In Guatemala, OHCHR has worked to promote the rights of indigenous peoples and

to address inequality and extreme poverty. Measures for capacity-building and support to

strategic litigation have helped empower indigenous peoples to participate in the

formulation of policies in support of their right to development. The Office has also

coordinated with other United Nations agencies in advising those responsible for the

country’s statistics system to adopt a human-rights-based approach to data, including by

disaggregating data to guide development policies aiming at leaving no one behind.

27. In December 2017, OHCHR organized, jointly with the United Nations Population

Fund and the United Nations Entity for Gender Equality and the Empowerment of Women,

a seminar entitled, “Leaving no one behind on the road to sustainable development” in

Timor-Leste. The event aimed at raising awareness of the situation of specific vulnerable

groups and making recommendations for their integration in development.

5 A/HRC/37/35 and a study on the slow onset effects of climate change and human rights protection for

cross-border migrants, available from

www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session37/Pages/ListReports.aspx.

6 The studies are available from www.ohchr.org/EN/Issues/Development/Pages/19thSession.aspx.

III. Analysis of the implementation of the right to development, existing challenges and recommendations to overcome them

28. In its resolution 70/299, the General Assembly decided that the theme to be

reviewed by the high-level political forum in 2019 would be “Empowering people and

ensuring inclusiveness and equality”. More specifically, it decided to review in depth

Sustainable Development Goal 10 (Reduce inequality within and among countries), among

other Goals, as well as the means of implementation, including with respect to Goal 17

(Strengthen the means of implementation and revitalize the Global Partnership for

Sustainable Development).

29. As a contribution to this thematic review, the present report focuses on the inter-

State dimension of Goal 10, the need to reduce inequality among countries, analysed from

the perspective of the right to development and linked to the other Goals, in particular Goal

17. The present report does not intend to be exhaustive in the number of topics covered, nor

in the depth of each of them.

A. Equality and non-discrimination among countries

30. The principles of equality and non-discrimination are at the heart of international

human rights law. Article 1 of the Universal Declaration of Human Rights stipulates that:

“All human beings are born free and equal in dignity and rights”. There are several aspects

to equality as a legal principle, or its antonyms inequality and discrimination, which are

relevant to the discussion of inequality between countries.

31. First, equality derives its substantive content from the rights, laws or facts to which

it is applied. It relies on comparison and is therefore relative, either in respect of certain

characteristics or without any specific disaggregation, to a comparator, with regard to

legally relevant facts.7 In law, the principle of equality can be applied to all subjects with

legal personality entitled to the rights to equality and non-discrimination, either as an

autonomous, free-standing right to equality or as an accessory right to non-discrimination.

Under international human rights law, these include only individuals, groups and peoples.

Under other areas of international law, these can include States or legal persons, for

example businesses.

32. Second, equality can be considered according to several factors. For example, on the

basis of the material scope of application, such as political, economic or social inequality,

or the territorial scope of application, such as inequality within countries or regions, among

countries, or in global settings, such as in international organizations or global inequality.

Inequality can also be divided into horizontal and vertical inequality. Horizontal inequality

is defined as inequality among culturally defined or constructed groups, in contrast to

vertical inequality, which is inequality among households or individuals, such as wealth

and income inequality (CEB/2016/6/Add.1, p. 21).

33. Third, equality has several dimensions. Equality can be formal, de jure, or

substantive, de facto. It can be equality of opportunity or equality of results; it can be

characterized as transformative or inclusive.8

34. Fourth, equality implies the prohibition of discrimination. 9 Discrimination is

understood to imply any distinction, exclusion, restriction or preference that is based on a

prohibited ground and that has the purpose or effect of nullifying or impairing the

recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and

freedoms. Discrimination can be direct or indirect; it can occur in the public and private

7 Kristin Henrad, “Equality of Individuality”, Max Planck Encyclopedia of Public International Law,

2008, para. 88.

8 For the latter concept and more generally on equality and non-discrimination, see Committee on the

Rights of Persons with Disabilities, general comment No. 6 (2018) on equality and non-

discrimination.

9 See, for example, Human Rights Committee, general comment No. 18 (1989) on non-discrimination.

spheres and it can be systemic or structural. International human rights instruments

typically contain a non-exhaustive list of prohibited grounds of discrimination, including

“property” — comprising wealth and income — as well as “other status”. The Committee

on Economic, Social and Cultural Rights subsumes a person’s social and economic

situation, such as the situation in which the poor and homeless find themselves, in the latter

category.10 Not every differentiation amounts to prohibited discrimination, however, if there

is a reasonable and objective justification for the differential treatment. Thus, if a

complainant can provide evidence for a prima facie case of discrimination, the burden of

proving that the differentiation was reasonable and objectively justified or the consequence

of an alternative explanation shifts to the respondent.

35. Finally, in order to eliminate substantive inequality, States may be under an

obligation to adopt special measures to remedy the conditions causing the discrimination in

question.11

36. International human rights law applies primarily in the relationship between States

and persons or sub-State groups subject to their jurisdiction and individuals within the

power or effective control of the respective State.

37. Sovereign equality of States is a fundamental principle of international law and of

the United Nations. 12 The Declaration on Principles of International Law concerning

Friendly Relations and Cooperation among States in accordance with the Charter of the

United Nations specifies six elements of sovereign equality:

(a) States are judicially equal;

(b) Each State enjoys the rights inherent in full sovereignty;

(d) The territorial integrity and political independence of the State are inviolable;

(e) Each State has the right freely to choose and develop its political, social,

economic and cultural systems; and

(f) Each State has the duty to comply fully and in good faith with its

international obligations and to live in peace with other States.

38. The right to development is a right of individuals and peoples — a right that requires

an enabling environment at the national, regional and global levels for development and an

order in which all human rights and fundamental freedoms can be fully realized. While the

Declaration on the Right to Development reaffirms the principles of international law

concerning friendly relations and cooperation among States in accordance with the Charter

of the United Nations, including the principle of sovereign equality of States, it is also

based on a more substantive understanding of equality between States, as an important

requirement for the realization of human rights globally (art. 3).

39. More generally, the right to development demands an enabling environment for

development. The responsibility for the creation of this enabling environment encompasses

three main levels: (a) States acting collectively in global and regional partnerships; (b)

States acting individually as they adopt and implement policies that affect persons not

strictly within their jurisdiction; and (c) States acting individually as they formulate

national development policies and programmes affecting persons within their jurisdiction.13

The first two levels overlap with States’ extraterritorial obligations to respect, protect and

fulfil certain human rights. According to the Committee on Economic, Social and Cultural

10 See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-

discrimination in economic, social and cultural rights, para. 35.

11 See Committee on the Elimination of Discrimination against Women, general recommendation No.

25 (2004) on temporary special measures.

12 Charter of the United Nations, art. 2 (1).

13 A/HRC/15/WG.2/TF/2/Add.2, annex. See paper prepared by Olivier De Schutter, “The international

dimensions of the right to development: a fresh start towards improving accountability”, available

from www.ohchr.org/EN/Issues/Development/Pages/19thSession.aspx, paras. 19–27.

Rights, States’ obligations under the International Covenant on Economic and Social Rights

apply both with respect to situations on the State’s national territory, and outside the

national territory in situations over which States parties may exercise control including in

the context of business activities.14 At the global level, the right to development implies

three levels of obligations: duties to seek to conclude new international agreements; duties

to cooperate in existing international forums; and duties to comply with obligations already

stipulated.15

40. The Declaration on the Right to Development codifies, in a human rights instrument,

principles that are essential for reducing inequalities among nations and ultimately global

inequality. These principles include the right of peoples to self-determination and the duty

to cooperate to ensure development and to eliminate obstacles to development. The

following section looks at these principles in the light of different international legal

instruments and of the Sustainable Development Goals.

B. Self-determination

41. The Declaration on the Right to Development affirms that this right “implies the full

realization of the right of peoples to self-determination, which includes, subject to the

relevant provisions of both International Covenants on Human Rights, the exercise of their

inalienable right to full sovereignty over all their natural wealth and resources” (art. 1 (2)).

The principle of self-determination is also codified in the Charter of the United Nations

(Art. 1 (2)) and the International Covenants on Human Rights. 16 It is considered a jus

cogens norm of international law. 17 The 2030 Agenda for Sustainable Development

reaffirms that “every State has, and shall freely exercise, full permanent sovereignty over

all its wealth, natural resources and economic activity” (para. 18).18

42. The principle of self-determination implies norms that may contribute to addressing

inequality between States. Many developing and least developed countries are rich in

natural resources. Preserving the policy space of developing countries in the exercise of

their sovereignty over their natural resources is crucial to enable them to use those

resources to promote the right to development of their own peoples and inhabitants. 19

According to the Independent Expert on the promotion of a democratic and equitable

international order, sovereignty over natural resources implies that if “these natural

resources were ‘sold’ or ‘assigned’ pursuant to colonial, neocolonial or ‘unequal treaties’ or

contracts, these agreements must be revised to vindicate the sovereignty of peoples over

their own resources” (A/HRC/37/63, para. 14 (g)). Through the 2030 Agenda, States agreed

to respect the national policy space for sustained, inclusive and sustainable economic

growth, in particular for developing countries (in its para. 21).

43. The 2030 Agenda also acknowledged the importance of international financial

institutions’ respect for the policy space of developing countries (para. 44). This implies

that any structural adjustment, austerity measures or related policies should be designed in a

way to respect the policy space for complying with economic, social and cultural rights, as

14 General comment No. 24 (2017) on State obligations under the International Covenant on Economic,

Social and Cultural Rights in the context of business activities, paras. 10, 25–37. See “The

international dimensions of the right to development: a fresh start towards improving accountability”,

paras. 28–62.

15 “The international dimensions of the right to development: a fresh start towards improving

accountability”, para. 33.

16 See also Declaration on Principles of International Law concerning Friendly Relations and

Cooperation among States in accordance with the Charter of the United Nations, principle (e), and

General Assembly resolution 1803 (XVII) of 14 December 1962 entitled, “Permanent sovereignty

over natural resources”.

17 See, e.g., A/HRC/37/63, para. 14 (b), and International Law Commission, conclusions of the work of

the Study Group on the fragmentation of international law, contained in A/61/10, para. 251,

conclusion 33.

18 The Goals and targets of the 2030 Agenda can be found in General Assembly resolution 70/1.

19 See, e.g., A/HRC/4/30/Add.2, para. 6, and A/HRC/4/25/Add.3, para. 7 (a) (iii).

well as the right to development, which in turn implies a duty to carry out due diligence of

conducting human rights impact assessment of such measures.20 One of the targets under

Sustainable Development Goal 17 is to “respect each country’s policy space and leadership

to establish and implement policies for poverty eradication and sustainable development”

(target 17.15).21 Hence, respecting the policy space of countries as an expression of their

right to self-determination is important to promote sustainable development and to address

inequalities among countries.22

44. Particularly in the field of international investment law, balancing the rights of

investors with self-determination and national sovereignty over natural resources is

important for protecting an enabling policy space for the realization of the right to

development of developing countries. The enforcement of bilateral investment agreements

should be compatible with States’ international human rights obligations and international

human rights instruments, including allowing for nationalization of resources for preserving

the rights of indigenous peoples. 23 International investment policies, agreements and

dispute settlement provisions should be revised to safeguard the policy space necessary for

the realization of human rights.24

45. The Declaration on the Right to Development also affirms States’ obligation to take

resolute steps to eliminate massive and flagrant violations of human rights “affected by

situations such as … colonialism, foreign domination and occupation, aggression, foreign

interference and threats against national sovereignty, national unity and territorial integrity,

threats of war and refusal to recognize the fundamental right of peoples to self-

determination” (art. 5). These relate to the subjugation of one nation or people to another, a

process which is enabled by and exacerbates inequality among countries, and denies the

right to development of the peoples whose self-determination is violated. 25 The 2030

Agenda calls “for further effective measures and actions to be taken, in conformity with

international law, to remove the obstacles to the full realization of the right of self-

determination of peoples living under colonial and foreign occupation, which continue to

adversely affect their economic and social development as well as their environment” (para.

35).

C. Duty to cooperate to ensure development and to remove obstacles from

development

46. According to the Declaration on the Right to Development “States have the duty to

cooperate with each other in ensuring development and eliminating obstacles to

development” and the full realization of human rights (art. 3 (3)). The duty of international

cooperation, in this context, includes the duty to seek, in good faith, to conclude and

implement international agreements that contribute to the realization of the right to

development. 26 Several specific provisions of the Declaration detail how the duty to

cooperate should be carried out. States “should realize their rights and fulfil their duties in

such a manner as to promote a new international economic order based on sovereign

20 See, e.g., A/HRC/37/54.

21 The indicators related to the Sustainable Development Goals can be found in General Assembly

resolution 71/313, annex IV.

22 For an analysis of how international investment agreements have affected the right to development,

see paper by Bhumika Muchhala, “International investment agreements and industrialization:

realizing the right to development and the Sustainable Development Goals”, available from

www.ohchr.org/EN/Issues/Development/Pages/19thSession.aspx.

23 See, for example, Inter-American Court of Human Rights, Case of Sawhoyamaxa Indigenous

Community v. Paraguay, Judgment of 29 March 2006, para. 140.

24 United Nations Conference on Trade and Development (UNCTAD), “Investment Policy Framework

for Sustainable Development” (2015), UNCTAD/DIAE/PCB/2015/5, pp. 19, 31, 33, 78–79, 82, 85,

117 and 119.

25 See A/71/554, paras. 38–59 and 61; see also UNCTAD/GDS/APP/2017/2, pp. 38–40.

26 See “The international dimensions of the right to development: a fresh start towards improving

accountability”.

equality, interdependence, mutual interest and cooperation among all States, as well as to

encourage the observance and realization of human rights” (art. 3 (3)). In particular, they

“have the duty to take steps, individually and collectively, to formulate international

development policies with a view to facilitating the full realization of the right to

development” (art. 4 (1)). More importantly, to address inequalities among countries, States

should take sustained action and cooperate to promote more rapid development of

developing countries, and to provide the latter with appropriate means and facilities to

foster their development (art. 4 (2)). Cooperation to eliminate obstacles to development

includes the duty to “take resolute steps to eliminate the massive and flagrant violations of

the human rights of peoples and human beings” (art. 5). Finally, the implementation of the

right to development includes the formulation, adoption and implementation of policy,

legislative and other measures at the national and international levels (art. 10).

47. One of the purposes of the United Nations is to achieve international cooperation in

solving international problems. This includes cooperation to achieve “higher standards of

living, full employment, and conditions of economic and social progress and development”,

as well as “universal respect for, and observance of, human rights and fundamental

freedoms for all without distinction as to race, sex, language, or religion”.27 The Universal

Declaration of Human Rights affirms international cooperation as a means of realization of

everyone’s economic, social and cultural rights indispensable for human dignity and free

development of personality (art. 28). The Universal Declaration of Human Rights also

recognizes that “everyone is entitled to a social and international order in which the rights

and freedoms set forth in this Declaration can be fully realized” (art. 28).

48. A social and international order that enables the full realization of human rights

requires an international economic order based on equity, sovereign equality,

interdependence, common interest and cooperation among all States and international

solidarity, 28 which shall “make it possible to eliminate the widening gap between the

developed and the developing countries”.29 Equitable global governance is necessary to

achieve this goal. The 2017 consolidated report of the Secretary-General and the High

Commissioner for Human Rights on the right to development pointed out that long-

standing asymmetries in global governance are an important challenge to the realization of

the right to development. “The under- or non-representation of developing countries in key

forums on global governance undermines the effectiveness of such forums … Without

more inclusive, democratic and participatory decision-making processes …, those absent or

whose voices are less well heard will remain on the margins of the benefits of

development” (see A/HRC/36/23, para. 41). The 2030 Agenda includes a target to “ensure

enhanced representation and voice for developing countries in decision-making in global

international economic and financial institutions in order to deliver more effective, credible,

accountable and legitimate institutions” (target 10.6) and “broaden and strengthen the

participation of developing countries in institutions of global governance” (target 16.8).

These targets are to be assessed on the basis of the “proportion of members and voting

rights of developing countries in international organizations” (indicators 10.6.1 and

16.8.1).30 To these ends, States have created bodies such as the Board of the Green Climate

Fund, which has an equal number of members from developing and developed country

Parties, including representatives of relevant United Nations regional groupings and

representatives from small island developing States and least developed countries.31

27 Charter of the United Nations, Arts. 1 (3), 55 (a) and (c) and 56.

28 See, e.g., draft declaration on the right to international solidarity, preamble, contained in

A/HRC/35/35, annex.

29 Declaration on the Establishment of a New International Economic Order, preambular para. 3.

30 The indicators related to the Sustainable Development Goals can be found in General Assembly

resolution 71/313, annex.

31 See FCCC/CP/2011/9/Add.1, decision 3/CP.17, annex, para. 10.

49. The duty to cooperate for development in a manner that addresses inequality among

countries is reinforced by international human rights treaties, which are to be interpreted in

a “development-informed and interdependence-based reading”.32

50. The Committee on Economic, Social and Cultural Rights monitors the

implementation of all the rights protected by the International Covenant on Economic and

Social Rights, contributing simultaneously to the full realization of the relevant elements of

the right to development. In doing so, the Committee addresses, in its examination of the

reports of States parties and in its dialogue with them, the eradication of poverty and

underdevelopment and the creation of conditions for achieving economic and social

progress and development for all, including for disadvantaged and marginalized individuals

and groups (see E/C.12/2011/2, para. 7).

51. Under the International Covenant on Economic, Social and Cultural Rights, States

parties undertook to take steps, individually and through international assistance and

cooperation, especially economic and technical, with a view to achieving progressively full

realization of the rights therein enshrined (art. 2 (1)). As the Committee has observed, the

phrase “maximum of its available resources” refers to both the resources existing within a

State and those available from the international community.33 The Covenant also underlines

the importance of international cooperation for the realization of the right to an adequate

standard of living (art. 11 (1)), the realization of the right to food (art. 11 (2))34 and in the

scientific and cultural fields (art. 15 (4)).

52. The Covenant describes specific modalities for international cooperation and

assistance to be carried out by States and by the United Nations (arts. 22–23). The

Committee has affirmed that “international cooperation for development … is an obligation

of all States”, and it “is particularly incumbent upon those States which are in a position to

assist others in this regard”.35 The Committee also expressed the view that virtually all

United Nations organs and agencies involved in any aspect of international development

cooperation should take into account recommendations made by the Committee in

deciding, each within its field of competence, on the advisability of international measures

likely to contribute to the effective progressive implementation of the Covenant.36

53. The Committee on Economic Social and Cultural Rights has acknowledged that

international cooperation may need to include major debt relief initiatives for developing

countries.37 In a 2016 statement, the Committee concluded that “all States should ensure

that they do not impose obligations on borrowing States that would lead them to adopt

retrogressive measures in violation of their obligations under the Covenant”

(E/C.12/2016/1, para. 10). Cooperation for addressing sovereign debt was also reflected in

a target to Sustainable Development Goal 17 (target 17.4) and in the Addis Ababa Action

Agenda of the Third International Conference on Financing for Development (paras. 93–

102). To be successful, such cooperation should effectively take measures to counter the

actions of the “non-cooperative minority bondholders” that disrupt the will of the large

majority of bondholders who accept a restructuring of a debt-crisis country’s obligations

(ibid., para. 100), the so-called “vulture funds”. 38 Sovereign debt restructuring should

follow the Basic Principles on Sovereign Debt Restructuring Processes. In addition, as

mentioned by the Independent Expert on foreign debt, not only will “curbing illicit

financial flows … be essential for realizing human rights and achieving sustainable

32 Joint statement of Chairs of the human rights treaty bodies on the occasion of the twenty-fifth

anniversary of the Declaration on the Right to Development, available at

www2.ohchr.org/SPdocs/Issues/Development/JointStatChairUNTB_25AnniversaryRtD.doc.

33 General comment No. 3 (1990) on the nature of States parties’ obligations, para. 13.

34 See also general comment No. 12 (1999) on the right to adequate food, paras. 36–41.

35 General comment No. 3 (1990) on the nature of States parties’ obligations, para. 14.

36 General comment No. 2 (1990) on international technical assistance measures, para. 2.

37 Ibid., para. 9.

38 See Human Rights Council resolution 27/30. See also, e.g., A/HRC/20/23, A/HRC/33/54,

A/HRC/14/21 and A/72/153, and “The international dimensions of the right to development: a fresh

start towards improving accountability”, paras. 65–72.

development” but reducing such flows “should be seen as an important element in the fight

against unsustainable debt” (see A/HRC/31/61, paras. 4 and 35).

54. The Convention on the Rights of the Child (art. 4) and the Convention on the Rights

of Persons with Disabilities (art. 32) also acknowledge the importance of international

cooperation for realizing economic, social and cultural rights. Interpreting the duty to

undertake international cooperation, the Committee on the Rights of the Child has urged

States to meet the United Nations target for development assistance of 0.7 per cent39 of

gross domestic product, and stated that assistance should be rights-based.40

55. The 0.7 target has been reiterated in Sustainable Development Goals target 17.2,

which further encourages providing at least 0.2 official development assistance to least

developed countries.41 Other Sustainable Development Goals targets also call for official

development assistance and financial flows to developing countries, 42 especially to

countries most in need, in particular, least developed countries, African countries, small

island developing States and landlocked developing States (target 10.b). Official

development assistance should not be accompanied by constraints that affect the ownership

of policy space by the recipient State to establish development priorities and address

poverty (target 17.15 and indicator 17.15.1),43 and should be predictable, effective and

transparent.44

56. Remittances by migrant workers are another source of financial flow that transfers

wealth from more developed countries to less developed ones, promoting the right to

development in the latter and contributing to address inequality among countries. The right

to make such transfers is recognized by the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (arts. 32 and 47). The

Committee on the Protection of the Rights of All Migrant Workers and Members of Their

Families has recommended that States “take measures to reduce the cost of sending and

receiving funds, taking into account the principle of gender equality, in line with

Sustainable Development Goals target 10.c, and facilitate access to safe and affordable

remittance transfer systems, the productive use of remittances and their low cost

transmission to rural regions”.45 States should hence cooperate to address obstacles to these

remittances.

57. States’ duty to cooperate for ensuring development and for removing obstacles from

development is closely related to principles and obligations in other fields of international

law. International trade law and international investment law include the principle of

special and differentiated treatment,46 which aims at granting more favourable treatment

and conditions to developing and least developed countries so that they may benefit from

and develop through trade and investment.47 Sustainable Development Goal 10 has as one

39 General comment No. 5 (2003) on general measures of implementation of the Convention, para. 61,

with reference to A/CONF.198/11.

40 Ibid.

41 In line with the Addis Ababa Action Agenda, para. 51. See also indicator 17.2.1.

42 Targets 1.a., 2.a, 3.b, 4.b, 6.a., 7.b, 8.a, 9.a, 10.b, 12.a, 13.b, 15.a and b, 17.3 and 17.7. See also

indicators 1.a.3, 2.a.2, 3.b.2, 4.b.1, 6.a.1, 7.b.1, 8.a.1, 9.a.1, 10.b.1, 12.a.1, 13.b.1, 15.a.1 and b.1,

17.3.1 and 17.7.1.

43 See also A/70/274, para. 19.

44 Busan Partnership for Effective Development Cooperation, outcome document of the Fourth High-

level Forum on Aid Effectiveness held in Busan, Republic of Korea, from 29 November to 1

December 2011. See also “The international dimensions of the right to development: a fresh start

towards improving accountability”, paras. 79–93.

45 CMW/C/IDN/CO/1, para. 45; CMW/C/BGD/CO/1, para. 46. See also CMW/C/LKA/CO/2, para. 47.