RES/39/9 The right to development

GE.18-16417(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 27 September 2018

39/9. 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,

Reiterating the Vienna Declaration and Programme of Action, which reaffirms the

right to development as a universal and inalienable right and an integral part of every

human right,

Reaffirming Human Rights Council resolutions 4/4 of 30 March 2007 and 9/3 of 17

September 2008, and recalling all Council and General Assembly resolutions on the right to

development, the most recent being Council resolution 36/9 of 28 September 2017 and

Assembly resolution 72/167 of 19 December 2017,

Recalling all Commission on Human Rights resolutions on the right to development,

including resolutions 1998/72 of 22 April 1998 and 2004/7 of 13 April 2004 in support of

the implementation of the right to development,

Welcoming the seventeenth Summit of Heads of State or Government of Non-

Aligned Countries, held on Margarita Island, Bolivarian Republic of Venezuela, on 17 and

18 September 2016, and recalling previous summits and conferences at which the States

members of the Movement of Non-Aligned Countries stressed the need to operationalize

the right to development as a priority, including through the elaboration of a legally binding

instrument on the right to development by the relevant machinery, taking into account the

recommendations of relevant initiatives,

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

everyone,

Emphasizing also that all human rights and fundamental freedoms, including the

right to development, can only be enjoyed in an inclusive and collaborative framework at

the international, regional and national levels, and in this regard underlining the importance

of engaging the United Nations system, including United Nations specialized agencies,

funds and programmes, within their respective mandates, relevant international

organizations, including financial and trade organizations, and relevant stakeholders,

United Nations A/HRC/RES/39/9

including civil society organizations, development practitioners, human rights experts and

the public at all levels, in discussions on the right to development,

Stressing that the responsibility for managing worldwide economic and social issues

and threats to international peace and security must be shared among the nations of the

world and should be exercised multilaterally, and that, in this regard, the central role must

be played by the United Nations as the most universal and representative organization in

the world,

Welcoming the adoption of the 2030 Agenda for Sustainable Development and its

means of implementation, and emphasizing that the 2030 Agenda is informed by the

Declaration on the Right to Development and that the right to development provides a vital

enabling environment for the full realization of the Sustainable Development Goals,

Recognizing that achieving the internationally agreed development goals, including

the unmet Millennium Development Goals, the Sustainable Development Goals and climate

change-related goals, requires effective policy coherence and coordination,

Recognizing also that hunger and extreme poverty, in all its forms and dimensions,

are the greatest global challenges and require the collective commitment of the international

community for their eradication, and therefore calling upon the international community to

contribute to the achievement of that goal, in accordance with the Sustainable Development

Goals,

Recognizing further that inequality is a major obstacle to the realization of the right

to development within and across countries,

Recognizing that eradicating poverty in all its forms and dimensions, including

extreme poverty, is one of the critical elements in the promotion and realization of the right

to development and is the greatest global challenge and an indispensable requirement for

sustainable development, which requires a multifaceted and integrated approach, and

reiterating the need to achieve sustainable development in its three dimensions, economic,

social and environmental, in a balanced and integrated manner,

Expressing concern about the increasing number of cases of human rights violations

and abuses by transnational corporations and other business enterprises, underlining the

need to ensure that appropriate protection, justice and remedies are provided to the victims

of human rights violations and abuses resulting from the activities of those entities, and

underscoring the fact that they must contribute to the means of implementation for the

realization of the right to development,

Emphasizing that all human rights and fundamental freedoms, including the right to

development, are universal, indivisible, interdependent and interrelated,

Underlining that the successful implementation of the Sustainable Development

Goals will require the strengthening of a new, more equitable and sustainable national and

international order and the promotion and protection of all human rights and fundamental

freedoms,

Noting 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 urging 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, and into

development and development-related processes, including the follow-up to the Fourth

United Nations Conference on the Least Developed Countries,

Stressing the primary responsibility of States for the creation of national and

international conditions favourable to the realization of the right to development,

Recognizing that Member States should cooperate with each other in ensuring

development and eliminating lasting obstacles to development, that the international

community should promote effective international cooperation, in particular global

partnerships for development, for the realization of the right to development and the

elimination of obstacles to development, and that lasting progress towards the

implementation of the right to development requires effective development policies at the

national level, equitable economic relations and a favourable economic environment at the

international level,

Encouraging all Member States to engage constructively in discussions for the full

implementation of the Declaration on the Right to Development with a view to overcoming

the existing political impasse within the Working Group on the Right to Development,

Reaffirming that the thirtieth anniversary of the Declaration on the Right to

Development presented a unique opportunity for the international community to

demonstrate and reiterate its unequivocal commitment to the right to development,

recognizing the high profile it deserves, and redoubling its efforts to implement this right,

Stressing that, in General Assembly resolution 48/141 of 20 December 1993, the

Assembly decided that the responsibility of the United Nations High Commissioner for

Human Rights 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,

Recognizing the need for independent perspectives and expert advice to strengthen

the work of the Working Group on the Right to Development and to support the efforts of

Member States to realize fully the right to development, including in the context of the

implementation of the Sustainable Development Goals,

Reaffirming Human Rights Council resolutions 5/1, on institution-building of the

Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the

Council, of 18 June 2007, and stressing that the mandate holder shall discharge the duties of

the mandate in accordance with those resolutions and the annexes thereto,

1. Takes note of the consolidated report of the Secretary-General and the United

Nations High Commissioner for Human Rights on the right to development;1

2. Requests the High Commissioner to continue to submit to the Human Rights

Council an annual report on the activities of the Office of the High Commissioner,

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 its

implementation, taking into account existing challenges and making recommendations on

how to overcome them, in her next annual report;

3. Urges 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 on the Right to Development;

4. Requests the Office of the High Commissioner, in the implementation of the

Declaration on the Right to Development, to take sufficient measures to ensure balanced

and visible allocation of resources and due attention to ensure the visibility of the right to

development by identifying and implementing tangible projects dedicated to the right to

development, in collaboration with the Special Rapporteur on the right to development, and

to provide regular updates to the Human Rights Council in this regard;

5. Recognizes the need for renewed efforts towards intensifying deliberations in

the Working Group to fulfil, at the earliest, its mandate as established by the Commission

on Human Rights in its resolution 1998/72 and the Human Rights Council in its resolution

4/4;

6. Acknowledges the need to strive for greater acceptance, operationalization

and realization of the right to development at the international level while urging all States

to undertake at the national level the necessary policy formulation and to institute the

1 A/HRC/39/18.

measures required for the implementation of the right to development as an integral part of

all human rights and fundamental freedoms;

7. Welcomes the celebrations held in 2016 to commemorate the thirtieth

anniversary of the Declaration on the Right to Development, including the annual high-

level panel discussion on human rights mainstreaming, with the theme “The 2030 Agenda

for Sustainable Development and human rights, with an emphasis on the right to

development”, convened at the thirty-first session of the Human Rights Council, the panel

discussion on the promotion and protection of the right to development, convened at the

thirty-second session of the Council, and the high-level segment of the General Assembly

to commemorate the thirtieth anniversary of the Declaration on the Right to Development,

held at the seventy-first session of the Assembly, which provided a unique opportunity to

Member States to demonstrate and reiterate their political commitment, to accord the right

to development the great attention it deserves and to redouble their efforts towards the

realization of the right to development;

8. Also welcomes the report of the Chair-Rapporteur of the Working Group on

the Right to Development on its nineteenth session;2

9. Stresses the importance of the core principles contained in the conclusions of

the Working Group at its third session3 that are congruent with the purpose of international

human rights instruments, such as equality, non-discrimination, accountability,

participation and international cooperation, as critical to mainstreaming the right to

development at the national and international levels, and underlines the importance of the

principles of equity and transparency;

10. Welcomes the re-election of the Chair-Rapporteur of the Working Group and

the skill with which he led the discussions at the nineteenth session;

11. Notes the presentation to the Working Group at its nineteenth session of the

set of standards for the implementation of the right to development prepared by the Chair-

Rapporteur of the Working Group,4 which is a useful basis for further deliberations on the

implementation and realization of the right to development;

12. Acknowledges the preparation by the secretariat of a paper containing

comments and views submitted by Governments, groups of Governments, regional groups

and stakeholders on the criteria and operational subcriteria of the right to development;5

13. Acknowledges with appreciation the proposal by the Movement of Non-

Aligned Countries on a set of standards regarding the implementation and realization of the

right to development 6 and its further contributions aimed at finalizing the criteria and

subcriteria of the right to development;7

14. Requests the High Commissioner to facilitate the participation of experts in

the twentieth session of the Working Group, to provide advice with a view to contributing

to discussions on the implementation and realization of the right to development, including

the implications of the 2030 Agenda, and looks forward to the possible engagement of the

Working Group with the high-level political forum on sustainable development;

15. Welcomes the report of the Special Rapporteur on the right to development

submitted to the Human Rights Council,8 and requests him to pay particular attention to the

implementation of the right to development, which facilitates the full enjoyment of human

rights, in accordance with his mandate;

16. Also welcomes the consultations with States and the regional consultations

already held by the Special Rapporteur on the implementation of the right to development;

2 A/HRC/39/56.

3 See E/CN.4/2002/28/Rev.1.

4 A/HRC/WG.2/17/2.

5 A/HRC/WG.2/18/CRP.1.

6 A/HRC/WG.2/18/G/1.

7 See A/HRC/WG.2/18/CRP.1.

8 A/HRC/39/51.

17. Decides:

(a) To continue to act to ensure that its agenda promotes and advances

sustainable development and the achievement of the remaining Millennium Development

Goals and the Sustainable 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 endorse the recommendations of the Working Group adopted at its

nineteenth session;

(c) That the Working Group shall take into account Human Rights Council

resolutions 9/3 and 36/9;

(d) That the Working Group shall invite the Special Rapporteur, in consultation

with Member States, to provide his views on the work of the Working Group and its

relevant agenda items, at its twentieth session;

(e) That the Working Group at its twentieth session shall commence the

discussion to elaborate a draft legally binding instrument on the right to development

through a collaborative process of engagement, including on the content and scope of the

future instrument;

(f) That the Chair-Rapporteur of the Working Group shall prepare a draft legally

binding instrument on the basis of the discussions held during the twentieth session of the

Working Group and the resource material from previous Working Group sessions to serve

as a basis for substantive negotiations on a draft legally binding instrument, commencing at

its twenty-first session;

18. Requests the Human Rights Council Advisory Committee, while taking into

account the views of Member States, to prepare a research-based report on the importance

of a legally binding instrument on the right to development, to present an oral update on the

preparation of the report to the Council at its forty-second session, and to present the report

to the Council at its forty-fifth session;

19. Requests the Special Rapporteur to participate in relevant international

dialogues and policy forums relating to the implementation of the 2030 Agenda, including

the high-level political forum on sustainable development, financing for development,

climate change and disaster risk reduction, with a view to enhancing the integration of the

right to development into these forums and dialogues, and requests Member States,

international organizations, United Nations agencies, regional economic commissions and

other relevant organizations to facilitate the meaningful participation of the Special

Rapporteur in these forums and dialogues;

20. Invites the Special Rapporteur to provide advice to States, international

financial and economic institutions and other relevant entities, the corporate sector and civil

society on measures to achieve the goals and targets relating to the means of

implementation of the 2030 Agenda for the full realization of the right to development;

21. Encourages relevant bodies of the United Nations system, within their

respective mandates, including United Nations specialized agencies, funds and

programmes, relevant international organizations, such as the World Trade Organization

and relevant stakeholders, including civil society organizations, to give due consideration to

the right to development in the implementation of the 2030 Agenda, to contribute further to

the work of the Working Group and to cooperate with the High Commissioner and the

Special Rapporteur in the fulfilment of their mandates with regard to the implementation of

the right to development;

22. Decides to review the progress of the implementation of the present

resolution, as a matter of priority, at its future sessions.

39th meeting

27 September 2018

[Adopted by a recorded vote of 30 to 12, with 5 abstentions. The voting was as follows:

In favour:

Afghanistan, Angola, Brazil, Burundi, Chile, China, Côte d’Ivoire, Cuba,

Democratic Republic of the Congo, Ecuador, Egypt, Ethiopia, Iraq, Kenya,

Kyrgyzstan, Mongolia, Nepal, Nigeria, Pakistan, Peru, Philippines, Qatar,

Rwanda, Saudi Arabia, Senegal, South Africa, Togo, Tunisia, United Arab

Emirates, Venezuela (Bolivarian Republic of)

Against:

Australia, Belgium, Croatia, Georgia, Germany, Hungary, Slovakia,

Slovenia, Spain, Switzerland, Ukraine, United Kingdom of Great Britain and

Northern Ireland

Abstaining:

Iceland, Japan, Mexico, Panama, Republic of Korea]