RES/19/34 The right to development

GE.12-13131

Human Rights Council Nineteenth session

Agenda item 3 Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council*

19/34

The right to development

The Human Rights Council,

Recalling the Charter of the United Nations and the core human rights instruments,

Reaffirming the Declaration on the Right to Development, adopted by the General Assembly in its resolution 41/128 of 4 December 1986,

Reaffirming also Human Rights Council resolutions 4/4 of 30 March 2007 and 9/3 of 17 September 2008, and recalling all Commission on Human Rights, Council and General Assembly resolutions on the right to development,

Recognizing the renewed commitments to achieve the Millennium Development Goals by their target date of 2015, as set out in the outcome document adopted at the High- level Plenary Meeting of the sixty-fifth session of the General Assembly on the Millennium Development Goals,1

Emphasizing the urgent need to make the right to development a reality for everyone,

Cognizant of the importance of engaging the United Nations system, including United Nations funds and programmes and specialized agencies, within their respective mandates, relevant international organizations, including financial and trade organizations, and relevant stakeholders, including civil society organizations, in discussions on the right to development,

Recognizing that achieving the internationally agreed development goals, including the Millennium Development Goals, requires effective policy coherence and coordination

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its nineteenth session (A/HRC/19/2), chap. I. 1 General Assembly resolution 65/1.

towards a global partnership for development that takes into consideration the right to development,

Taking note of the commitment declared by a number of United Nations specialized agencies, funds and programmes and other international organizations to make the right to development a reality for all and, in this regard, encouraging all relevant bodies of the United Nations system and other international organizations to mainstream the right to development into their objectives, policies, programmes and operational activities, as well as in development and development-related processes, including the follow-up to the Fourth United Nations Conference on the Least Developed Countries, the thirteenth session of the United Nations Conference on Trade and Development, the United Nations Conference on Sustainable Development (Rio + 20), the quadrennial comprehensive policy review, and the post 2015 development agenda,

Taking note also of the summary of the panel discussion of the Human Rights Council on the theme, “The way forward in the realization of the right to development: between policy and practice”A/HRC/19/39. 3 A/HRC/19/70. 4 A/HRC/19/45. and of the report of the 2011 Social Forum,3 which focused on the right to development,

Stressing the primary responsibility of States for the creation of national and international conditions favourable to the realization of the right to development,

Recalling that 2011 marked the twenty-fifth anniversary of the Declaration on the Right to Development and, in this regard, expressing its appreciation of the efforts made by the Office of the United Nations High Commissioner for Human Rights in commemorating the anniversary, including by holding and co-organizing side events and panel discussions and launching outreach activities for the promotion of the realization of the right to development,

Stressing that, in General Assembly resolution 48/141 of 20 December 1993, the Assembly decided that the responsibility of the High Commissioner shall be, among others, to promote and protect the realization of the right to development and to enhance support from relevant bodies of the United Nations system for that purpose,

1. Takes note with appreciation of the report of the Secretary-General and the United Nations High Commissioner for Human Rights on the right to development,4 which contains a summary of the activities undertaken by the Office of the High Commissioner with regard to the promotion and realization of the right to development, including in commemoration of the twenty-fifth anniversary of the Declaration on the Right to Development;

2. Requests the Office of the High Commissioner to continue to submit to the Human Rights Council an annual report on its activities, including on inter-agency coordination within the United Nations system with regard to the promotion and realization of the right to development;

3. Takes note of the efforts under way in the framework of the Working Group on the Right to Development, with a view to completing the tasks entrusted to it by the Human Rights Council in its resolution 4/4, in fulfilment of the Working Group’s mandate as established by the Commission on Human Rights in its resolution 1998/72 of 22 April 1998;

4. Also takes note of the report of the Working Group on the Right to Development on its twelfth session;A/HRC/19/52 and Corr.1. 6 A/HRC/15/WG.2/TF/2/Add.2

5. Decides:

(a) To continue to act to ensure that its agenda promotes and advances sustainable development and the achievement of the Millennium Development Goals and, in this regard, lead to raising the right to development, as set out in paragraphs 5 and 10 of the Vienna Declaration and Programme of Action, to the same level and on a par with all other human rights and fundamental freedoms;

(b) To take note of the conclusion of the Working Group on the need to further consider, revise and refine the right to development criteria and operational sub-criteria contained in the report of the high-level task force on the implementation of the right to development on its sixth session;6

(c) To endorse the recommendations of the Working Group on the Right to Development as outlined in its report;

(d) To invite Governments, groups of Governments, regional groups and other relevant stakeholders, including United Nations agencies, funds and programmes and institutions, as well as other relevant multilateral institutions and forums, to submit further detailed comments and proposals on the right to development criteria and operational sub- criteria;

(e) To request the Office of the High Commissioner to make available on its website, and to make available to the Working Group at its next session, in the format of two conference room papers, all written submissions by Governments, groups of Governments and regional groups, as well as inputs by other stakeholders;

(f) To invite the Chairperson/Rapporteur of the Working Group to hold informal consultations with Governments, groups of Governments, regional groups and relevant stakeholders and to report thereon to the Working Group at its next session;

(g) That the criteria and corresponding operational sub-criteria mentioned in sub- paragraph (b) above, once considered, revised and endorsed by the Working Group, should be used, as appropriate, in the elaboration of a comprehensive and coherent set of standards for the implementation of the right to development;

(h) That the Working Group shall take appropriate steps to ensure respect for and the practical application of the above-mentioned standards, which could take various forms, including guidelines on the implementation of the right to development, and evolve into a basis for consideration of an international legal standard of a binding nature through a collaborative process of engagement;

6. Encourages the High Commissioner to pursue her efforts, in fulfilment of her mandated responsibility, to enhance support for the promotion and protection of the realization of the right to development, taking as reference the Declaration on the Right to Development, all resolutions of the General Assembly, the Commission on Human Rights and the Human Rights Council on the right to development, and agreed conclusions and recommendations of the Working Group;

7. Encourages relevant bodies of the United Nations system, within their respective mandates, including the United Nations funds, programmes and specialized

agencies, relevant international organizations, including the World Trade Organization and relevant stakeholders, including civil society organizations, to contribute further to the work of the Working Group and to cooperate with the High Commissioner in the fulfilment of her mandate with regard to the implementation of the right to development;

8. Decides to review the progress of the implementation of the present resolution as a matter of priority at its future sessions.

55th meeting

23 March 2012

[Adopted by a recorded vote of 46 to 0, with one abstention. The voting was as follows:

In favour: Angola, Austria, Bangladesh, Belgium, Benin, Botswana, Burkina Faso, Cameroon, Chile, China, Congo, Costa Rica, Cuba, Czech Republic, Djibouti, Ecuador, Guatemala, Hungary, India, Indonesia, Italy, Jordan, Kuwait, Kyrgyzstan, Libya, Malaysia, Maldives, Mauritania, Mauritius, Mexico, Nigeria, Norway, Peru, Philippines, Poland, Qatar, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, Spain, Switzerland, Thailand, Uganda, Uruguay.

Abstaining: United States of America]