36/49 Report of the Special Rapporteur on the right to development
Document Type: Final Report
Date: 2017 Aug
Session: 36th Regular Session (2017 Sep)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.17-13208(E)
Human Rights Council Thirty-sixth session
11-29 September 2017
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 Special Rapporteur on the right to development
Note by the Secretariat
In its resolution 33/14, the Human Rights Council established the mandate of the
Special Rapporteur on the right to development for a period of three years, and requested
that the Special Rapporteur report annually to the Council and the General Assembly.
The Council appointed Saad Alfarargi as Special Rapporteur on the right to
development at its thirty-fourth session and he formally took up his role on 1 May 2017.
In his report, drafted in the short period after his entering into office, the Special
Rapporteur outlines his preliminary views concerning the background and context of the
mandate, highlights certain challenges for its implementation and presents an outline of the
preliminary strategy that will inform his work under the mandate, including strategic
considerations that he will take into account and specific work streams. The report also
includes the Special Rapporteur’s approach to engagement with stakeholders, as well as his
methods of work.
United Nations A/HRC/36/49
Report of the Special Rapporteur on the right to development
I. Introduction
1. The Human Rights Council, in its resolution 33/14, decided to appoint a Special
Rapporteur on the right to development. In section VI below, the Special Rapporteur
outlines the main focus areas of the mandate set out in the resolution. In the same resolution
the Council, among other things:
(a) Invited all Governments to cooperate fully with the Special Rapporteur in the
performance of the tasks and duties mandated, including by providing all necessary
information requested, and to give due consideration to the recommendations of the
mandate holder;
(b) Encouraged relevant bodies of the United Nations system, within their
respective mandates, including United Nations specialized agencies, funds and
programmes, relevant international organizations, including 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 for Sustainable
Development, to contribute further to the work of the Working Group on the Right to
Development, and to cooperate with the United Nations High Commissioner for Human
Rights and the Special Rapporteur in the fulfilment of their mandates with regard to the
implementation of the right to development.
2. At its thirty-fourth session, the Human Rights Council appointed Saad Alfarargi as
Special Rapporteur on the right to development for a period of three years. The Special
Rapporteur took up his functions on 1 May 2017.
3. After taking up his functions, the Special Rapporteur conducted a round of
introductory exchanges with States, the Office of the United Nations High Commissioner
for Human Rights, United Nations agencies, international organizations, non-governmental
organizations and other stakeholders, seeking inputs to help further develop his vision,
methods of work and focus areas. Numerous inputs were received; the Special Rapporteur
is very grateful to all who have contributed to and participated in these consultations to date
and is looking forward to continuing to work with them.
4. The present report was drafted during the short period after the Special Rapporteur
entered into office. In the report the Special Rapporteur presents his preliminary views
concerning the background and context of the mandate, highlights certain challenges for its
implementation and outlines the preliminary strategy that will inform his work under the
mandate, including strategic considerations that he will take into account and specific work
streams. The report also includes the Special Rapporteur’s approach to engagement with
stakeholders, the overarching considerations for his mandate and a description of his
methods of work.
II. Historical background
5. The right to development was first mentioned in 1966, when then-Foreign Minister
of Senegal, Doudou Thiam, referred to the right to development of the “Third World”
before the General Assembly. Reflecting on the decades of failure of States to meet the
goals of the first United Nations Development Decade, he linked that failure to the failure
of newly decolonized States to resolve the growing economic imbalance between the
developing and developed worlds. The Declaration on the Right to Development was
adopted by the General Assembly on 4 December 1986. The Declaration was built on the
edifice of the Charter of the United Nations and the Universal Declaration of Human Rights
and was adopted with the great majority of States supporting it.1 The Declaration is aimed
at promoting a social and international order in which the rights and freedoms set forth in
the Universal Declaration of Human Rights can be fully realized.
6. The right to development was reaffirmed in 1992 in the Rio Declaration on
Environment and Development, in which it is stated that the right to development must be
fulfilled so as to equitably meet developmental and environmental needs of present and
future generations (principle 3). In paragraph 10 of part I of the Vienna Declaration and
Programme of Action, adopted by consensus in 1993, the World Conference on Human
Rights reaffirmed the right to development as a universal and inalienable right and an
integral part of fundamental human rights.
7. The right to development was also reaffirmed in various international declarations
and outcome documents issued between the adoption of the Programme of Action of the
International Conference on Population and Development in 1994 and the adoption of the
outcome document of the United Nations Conference on Sustainable Development, entitled
“The Future We Want”, in 2012. In 2015, the right to development was explicitly
recognized in four key internationally agreed policy documents: the Addis Ababa Action
Agenda of the Third International Conference on Financing for Development; the Sendai
Framework for Disaster Risk Reduction 2015-2030; “Transforming our world: the 2030
Agenda for Sustainable Development”, which included the Sustainable Development
Goals; and the Paris Agreement on climate change. These documents have become part of
the policy and normative foundation of the mandate of the Special Rapporteur.
III. Normative framework
A. Charter of the United Nations
8. Already in 1945, the Charter of the United Nations (Arts. 1, 55 and 56) established
the foundations of the right to development, by stating that the creation of conditions of
stability and well-being are necessary for peaceful and friendly relations among nations
based on respect for the principle of equal rights and self-determination of peoples, and by
mandating the United Nations to promote: higher standards of living, full employment, and
conditions of economic and social progress and development; solutions to international
economic, social, health, and related problems; international cultural and educational
cooperation; and universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language or religion.
B. Declaration on the Right to Development as a guiding standard
9. Article 1 of the Declaration on the Right to Development states that the right to
development is an inalienable human right by virtue of which every human person and all
peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and
political development, in which all human rights and fundamental freedoms can be fully
realized. It further states that the human right to development also 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. The right to
development, as established in the Declaration, is an equal right among all universal,
inalienable, interrelated, interdependent and indivisible human rights.
10. The Declaration is not in itself legally binding. However, many of its provisions are
mirrored in legally binding instruments, such as the Charter of the United Nations and the
International Covenants on Human Rights, and principles such as non-discrimination and
1 146 Member States voted in favour, one against (United States of America) and eight abstained
(Denmark, Finland, Germany, Iceland, Israel, Japan, Sweden and the United Kingdom of Great
Britain and Northern Ireland).
State sovereignty are also part of customary international law, which is binding on all
States.
C. Vienna Declaration and Programme of Action
11. As mentioned (see para. 6 above), the World Conference on Human Rights
reaffirmed the right to development in the Vienna Declaration and Programme of Action. It
also reaffirmed that least developed countries committed to the process of democratization
and economic reforms, many of which were in Africa, should be supported by the
international community in order to succeed in their transition to democracy and economic
development.2 The World Conference further stated that the right to development should be
fulfilled so as to meet equitably the developmental and environmental needs of present and
future generations.3
12. With regard to implementation of the right to development, in the Vienna
Declaration the World Conference on Human Rights stated the need for: the formulation of
effective national development policies and equitable international economic relations
(para. 10); effective international cooperation (paras. 10 and 13); and international support
for countries committed to the process of democratization and economic reforms (para. 9).
The World Conference also emphasized the importance of removing obstacles to
development, inter alia, human rights violations, racism, colonialism and foreign
occupation; of promoting peace and security; and of increasing the resources devoted to
development.
D. 2030 Agenda for Sustainable Development, including the 17 Sustainable
Development Goals
13. The 2030 Agenda is explicitly grounded in the Charter of the United Nations, the
Universal Declaration of Human Rights and international human rights treaties. 4
Importantly, the Agenda is to be implemented in a manner that is consistent with the rights
and obligations of States under international law.5 The key principles of the Declaration on
the Right to Development are reaffirmed throughout the Agenda, which recognizes the need
to build peaceful, just and inclusive societies that provide equal access to justice and that
are based on respect for human rights (including the right to development), on effective rule
of law and good governance at all levels and on transparent, effective and accountable
institutions.6
14. In “Transforming our world: the 2030 Agenda for Sustainable Development”, a
major contemporary policy document, a tangible link is made between the right to
development and sustainability. The right to development can and should be used as a
guiding concept when measuring progress in the implementation of the new policy
framework for sustainable development. The Sustainable Development Goals provide an
opportunity to galvanize global and local action and resources to implement universal goals
and targets that could contribute substantially to the promotion and implementation of the
right to development.
E. Sendai Framework for Disaster Risk Reduction 2015-2030
15. In one of the guiding principles for the implementation of the Sendai Framework for
Disaster Risk Reduction 2015-2030 (para. 19 (c) of the Framework), it is stated that
managing the risk of disasters is aimed at protecting persons and their property, health,
2 Vienna Declaration and Programme of Action, part I, para. 9. 3 Ibid., para. 11. 4 General Assembly resolution 70/1, para. 10. 5 Ibid., para. 18. 6 Ibid., para. 35.
livelihoods and productive assets, as well as cultural and environmental assets, while
promoting and protecting all human rights, including the right to development.
16. People across the world are increasingly exposed to natural disasters, the effects of
which destroy development efforts and reduce entire regions to poverty. Poverty and
vulnerability to disasters are closely linked: low-income countries, in particular the poor
and disadvantaged groups within them, are typically more vulnerable to and
disproportionately affected by disasters. The implementation of the right to development is,
therefore, closely interlinked with disaster risk reduction. Natural hazards cannot be fully
avoided; however, disasters to a large extent can be averted by reducing the exposure of
communities to the hazard, increasing their capacities to withstand it and/or reducing their
vulnerability.
F. Addis Ababa Action Agenda of the Third International Conference on
Financing for Development
17. In the opening paragraph of the Addis Ababa Action Agenda, the Heads of State and
Government and High Representatives gathered in Addis Ababa for the Third International
Conference on Financing for Development referred to the right to development, specifically
stating that their goal was to end poverty and hunger and to achieve sustainable
development through promoting inclusive economic growth, protecting the environment
and promoting social inclusion, and that they committed to respecting all human rights,
including the right to development. The Addis Ababa Action Agenda and the 2030 Agenda
are closely intertwined; the former is referred to in the latter as an integral part of the 2030
Agenda,7 and it has been affirmed that the full implementation of the Addis Ababa Action
Agenda is critical for the realization of the Sustainable Development Goals and targets.8
The Addis Ababa Action Agenda is explicitly linked to the means of implementation
targets established under Goal 17 and under each specific Sustainable Development Goal,
in that it is recognized as supporting, complementing and helping to contextualize those
targets. 9 The targets under Goal 17 operationalize the Addis Ababa Action Agenda
commitments in the areas of finance, technology, capacity-building, trade and systemic
issues.
18. The 2030 Agenda connects the follow-up of the Addis Ababa Action Agenda
commitments to the Sustainable Development Goal accountability framework, i.e. the high-
level political forum under the auspices of the General Assembly and the Economic and
Social Council. 10 The Addis Ababa Action Agenda emphasizes accountability and
transparency, providing for the establishment of the annual forum on financing for
development follow-up under the auspices of the Economic and Social Council,11 which is
mandated to monitor the 2030 Agenda means of implementation targets. The forum is an
intergovernmental mechanism open to participation from other stakeholders,12 including, in
particular, the World Bank, the International Monetary Fund, the World Trade Organization
and United Nations Conference on Trade and Development, which will participate in the
special high-level meeting of the forum.
19. In the Addis Ababa Action Agenda, human rights and fundamental freedoms, along
with good governance, the rule of law and access to justice, are referred to as integral to the
cross-cutting commitment to promote peaceful and inclusive societies13 — language similar
to that used in Sustainable Development Goal 16. The Addis Ababa Action Agenda
contains numerous references relating to human rights, including:
7 Ibid., para. 62. 8 Ibid., para. 40. 9 Ibid., para. 62. 10 Ibid., para. 47. 11 General Assembly resolution 69/313, para. 132. 12 Ibid., para. 132. 13 Ibid., para. 18.
(a) The promotion of gender equality and women’s empowerment, the full
realization of the human rights of women and girls and elimination of gender-based
violence and discrimination (paras. 6 and 41);
(b) A commitment to deliver social protection and public services, i.e., a
commitment to a new social compact, with a focus on people living below the poverty line
and vulnerable groups, including persons with disabilities, indigenous persons, children,
youth and older persons (para. 12);
(c) Commitments to scale up efforts to end hunger and ensure food security
(paras. 13, 108 and 121) and to promote health and education (paras. 77-78);
(d) A reaffirmation of the commitment to international cooperation for
development, including the commitment by many developed countries to achieve the target
of 0.7 per cent of gross national income for official development assistance and the target
of 0.15 to 0.20 per cent of that assistance to be directed to least developed countries (para.
51), and an invitation for countries to join in implementing innovative mechanisms of
development finance, such as blended finance (para. 69) and multi-stakeholder initiatives
(paras. 76-78);
(e) Encouragement for national and multilateral development banks to adopt
social and environmental safeguard systems, with a specification that the safeguards should
be developed in open consultation with stakeholders and should encompass human rights,
gender equality and women’s empowerment (para. 75; see also para. 33);
(f) A commitment to promoting sustainable business practices in accordance
with international standards, including the Convention on the Rights of the Child, the
Guiding Principles on Business and Human Rights, International Labour Organization
standards and environmental agreements (para. 37);
(g) A commitment to promote and protect the human rights and fundamental
freedoms of all migrants regardless of their migration status (para. 111) and to combat
human trafficking and exploitation (para. 112).
G. Paris Agreement on climate change
20. The Intergovernmental Panel on Climate Change, in its assessments of climate
change, which are based on the work of hundreds of scientists from all over the world, has
repeatedly confirmed that climate change is real and that human-made greenhouse gas
emissions are its primary cause. Extreme weather events and natural disasters, rising sea
levels, floods, heat waves, droughts, desertification, water shortages and the spread of
tropical and vector-borne diseases are some of the grim results of climate change. These
phenomena directly and indirectly affect the enjoyment of a range of human rights,
including the rights to life, water and sanitation, food, health, housing, self-determination
and culture, as well as the right to development.
21. It was recognized in the preamble of the Paris Agreement that the parties should,
when taking action to address climate change, respect, promote and consider their
respective obligations on human rights, including the right to development.
H. Human Rights Council resolutions
22. The right to development is routinely mentioned in Human Rights Council
resolutions. Examples include the following:
(a) In its resolution 4/4, the Council decided to agree on a programme of work
that would 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) In its resolution 6/7, the Council reaffirmed the right to development as a
universal and inalienable right and an integral part of all human rights and also reaffirmed
that unilateral coercive measures were a major obstacle to the implementation of the
Declaration on the Right to Development;
(c) In its resolution 7/23, the Council recognized that human beings were at the
centre of concerns for sustainable development and that the right to development must be
fulfilled so as to equitably meet the development and environmental needs of present and
future generations;
(d) In its resolution 8/5, the Council affirmed that a democratic and equitable
international order required, inter alia, the realization of the right of every human person
and all peoples to development, as a universal and inalienable right and an integral part of
fundamental human rights;
(e) In its resolution 17/14, the Council recalled the Declaration on the Right to
Development, which, inter alia, established that States should take, at the national level, all
measures necessary for the realization of the right to development and should ensure, inter
alia, equality of opportunity for all in their access to basic resources, such as health
services;
(f) In its resolution 18/6, the Council recognized that democracy, respect for all
human rights, including the right to development, transparent and accountable governance
and administration in all sectors of society, and effective participation by civil society were
an essential part of the necessary foundations for the realization of social and people-
centred sustainable development;
(g) In its resolution 19/20, the Council recognized that transparent, responsible,
accountable, open and participatory government, responsive to the needs and aspirations of
the people, was the foundation on which good governance rested, and that such a
foundation was one of the indispensable conditions for the full realization of human rights,
including the right to development.
23. The right to development is also explicitly noted in the resolutions in which the
Human Rights Council endorses the Guiding Principles on Foreign Debt and Human Rights
(Council resolution 20/10) and the Guiding Principles on Extreme Poverty and Human
Rights (Council resolution 21/11). The right to development was also referenced in Council
resolution 35/8 on the enhancement of international cooperation in the field of human
rights. In resolution 35/21 on the contribution of development to the enjoyment of all
human rights, the Council once again recalled the Declaration on the Right to Development
and reaffirmed that all human rights are universal, indivisible, interdependent and
interrelated and that the international community must treat human rights globally in a fair
and equal manner, on the same footing and with the same emphasis.
I. Other global, regional and national instruments
24. In the United Nations Declaration on the Rights of Indigenous Peoples, it is
recognized that indigenous peoples have the right to development. In accordance with
article 23, indigenous peoples have the right to determine and develop priorities and
strategies for exercising their right to development. In particular, indigenous peoples have
the right to be actively involved in developing and determining health, housing and other
economic and social programmes affecting them and, as far as possible, to administer such
programmes through their own institutions.
25. In article 33 of the Charter of the Organization of American States, it is stated that
development is a primary responsibility of each country and should constitute an integral
and continuous process for the establishment of a more just economic and social order that
will make possible and contribute to the fulfilment of the individual.
26. The 53 States parties to the African Charter on Human and Peoples’ Rights are
legally bound to ensure the exercise of the right to development, which is included in article
22 of that Charter. The right to development is also recognized in article 10 of the African
Youth Charter and article 19 of the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa. Further, the African Commission on Human and
Peoples’ Rights has found the right to development to be justiciable. For example, in one
case, the Commission found that Kenya had violated the right to development of the
Endorois people by failing to involve them in relevant decision-making processes and by
not equitably distributing the benefits of development.14
27. The right to development is recognized in the Arab Charter on Human Rights as a
fundamental human right. Under article 37 of the Charter: States are required to establish
development policies and take the measures needed to guarantee that right; States parties
have a duty to give effect to the values of solidarity and cooperation among them and at the
international level with a view to eradicating poverty and achieving economic, social,
cultural and political development; and by virtue of the right to development, every citizen
has the right to participate in the realization of development and to enjoy the benefits and
fruits thereof.
28. The Association of Southeast Asian Nations Human Rights Declaration contains a
section on the right to development, in which Member States are called upon to mainstream
the multidimensional aspects of the right to development into the relevant areas of
Association of Southeast Asian Nations community-building and beyond and to work with
the international community to promote equitable and sustainable development, fair trade
practices and effective international cooperation (art. 37).
29. At the national level, a few constitutions include the right to development.15 Other
countries recognize other human rights that contribute to development and the realization
and implementation of the right to development directly and/or indirectly, such as the right
to enjoy a healthy environment,16 or establish that the State has the duty to protect natural
resources and the diversity and integrity of the environment and to guarantee sustainable
development.17
IV. Challenges to the realization of the right to development
30. The Special Rapporteur has initiated a process of broad consultations with
stakeholders to learn what they perceive to be major challenges for the realization of the
right to development. Through informal consultations, conducted in the short time
available, with permanent missions, intergovernmental organizations and non-governmental
organizations, the Special Rapporteur has become aware of numerous concerns that require
further study, including:
(a) Politicization. Despite the fact that more than 30 years have passed since the
adoption of the Declaration on the Right to Development, views among States are still
divided. The European Union has asked for further clarity on the right. There are
disagreements on the nature of the duties of States to realize the right to development and
on the relative emphasis to be placed on the national dimension of State obligations
(individual rights and corresponding State responsibilities, rule of law, good governance,
combating of corruption) as compared to obligations of international cooperation
(international responsibilities, international order, development cooperation, global
governance). There are also differences of opinion among States regarding criteria for
measuring progress towards implementing the right to development. The above conceptual
differences have often resulted in a lack of sufficient momentum in the intergovernmental
debate at the relevant United Nations forums, such as the General Assembly, the Human
Rights Council and the Working Group on the Right to Development;
(b) Lack of engagement. The political divide has resulted in a low level of
engagement of United Nations agencies and civil society in promoting, protecting and
14 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf
of Endorois Welfare Council v. Kenya, communication No. 276/03 (25 November 2009). 15 See, for example, article 30 of the Constitution of Malawi. See also the Constitutions of Colombia,
Germany, Guatemala and Mexico, which mention the right to development of the human personality. 16 Argentina, Bolivia (Plurinational State of), Colombia, Guatemala, Mexico, Paraguay. 17 See Constitution of El Salvador, art. 117.
fulfilling the right to development. Despite the progressive evolution of the concept of the
right to development and its inclusion in some international and regional instruments and
national constitutions, the general level of awareness and engagement for its
implementation are low. Progress in development has been uneven, particularly for people
in Africa, least developed countries, landlocked developing countries and small island
developing States, and in developing countries more generally.18 In addition, the low level
of awareness of the right to development among grass-roots organizations further hampers
advocacy efforts;
(c) Adverse global trends. The implementation of the right to development faces
numerous other challenges: the global financial and economic crisis, the energy and climate
crisis, the increasing number of natural disasters, the new global pandemics, the increase in
automation in many sectors, corruption, illicit financial flows, the privatization of public
services, austerity and other measures and the ageing of the global population, including in
developing countries. There is a growing demand for resources for the realization of the
right to development. The rise of nationalistic tendencies and the related trend to move
away from international solidarity and cooperation may further weaken international
governance. Addressing these challenges will require the concerted effort of all relevant
stakeholders, both at national and at international levels.
V. Overarching considerations of the mandate
31. The Special Rapporteur will be guided by the following overarching considerations
in all aspects of his work:
(a) Participation, dialogue, consultation and transparency. The Special
Rapporteur aims to carry out his work in a participatory, consultative and open manner and
actively involve all relevant stakeholders, including Member States, international
organizations and non-governmental organizations working in the field of development,
and think tanks, at local, national and international levels. In particular, the Special
Rapporteur will invest in efforts to include actors from the global South as experts in the
discourse on the right to development. To address the challenge of excessive politicization,
the Special Rapporteur sees his role as facilitating cooperation among stakeholders and
building bridges between initiatives and stakeholders, political and geographic caucuses,
and countries and continents, with a view to creating platforms for the exchange of good
practices and lessons learned. He also aims to serve as a catalyst for unified action to
strengthen impact. This is particularly crucial in relation to the implementation of the
Sustainable Development Goals. Goals 16 and 17 in particular emphasize building
effective, accountable and inclusive institutions at all levels and revitalizing the Global
Partnership for Sustainable Development, respectively;
(b) Inclusiveness. The history of the implementation of the Millennium
Development Goals suggests that minorities and indigenous peoples have progressed at a
slower rate and that, for these already disadvantaged groups, existing inequalities have been
exacerbated as others have benefited from interventions.19 Indigenous peoples, minorities,
persons with disabilities and other disadvantaged groups, in particular in developing
countries, have a stake in the implementation of the right to development and sustainable
development processes and should not be left behind. At the same time, international and
national efforts to implement the right to development have not been successful in fully
integrating a gender perspective. In implementing his mandate, the Special Rapporteur will
advocate for the inclusion of the most disadvantaged groups in all international and national
forums linked to the implementation of the right to development and related sustainable
development processes. The Special Rapporteur also aims to pay special attention to the
18 United Nations Development Programme, Human Development Report 2016: Human Development
for Everyone, pp. 202-205. 19 See
https://sustainabledevelopment.un.org/content/documents/2406TST%20Issues%20Brief%20on%20Pr
omoting%20Equality_FINAL.pdf.
gender dimension in his work, considering, in the first instance, the developmental
challenges that women and girls face in most societies. These challenges are many, ranging
from laws that give unequal access to land and other resources, to development or disaster
reduction policies that do not provide women with access to education and financing to
develop their businesses or even enough food to feed their children and that do not ensure
basic services, such as health care and housing;
(c) Interdependence and indivisibility of human rights. The Special Rapporteur
recalls that all human rights and fundamental freedoms, including the right to development,
are universal, indivisible, interdependent and interrelated. He also recalls that, as stated in
the Declaration on the Right to Development, in order to promote development, equal
attention and urgent consideration should be given to the implementation, promotion and
protection of civil, political, economic, social and cultural rights and that, accordingly, the
promotion of, respect for and enjoyment of certain human rights and fundamental freedoms
cannot justify the denial of other human rights and fundamental freedoms. The adoption of
the Sustainable Development Goals, which explicitly recognize the right to development,
and the Paris Agreement on climate change provides a renewed opportunity to revitalize the
implementation of the right to development;
(d) International cooperation. International cooperation is mentioned on multiple
occasions in resolutions of the Human Rights Council and the General Assembly and policy
discussions related to the right to development. Achieving international cooperation in
solving international problems of an economic, social, cultural or humanitarian character,
and in promoting and encouraging respect for human rights and for fundamental freedoms
for all is one of the purposes of the United Nations, articulated in Article 1 (3) of the
Charter. In the Declaration on the Right to Development, it is recognized that the right to
development cannot be realized, nor can all States fulfil their responsibilities, without
effective cooperation among States. In its resolution 33/14, the Human Rights Council
recognizes that Member States should cooperate with each other in ensuring development
and eliminating lasting obstacles to development, and 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. It also states 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. The Special Rapporteur will focus on providing complementary and constructive
contributions with respect to improving international cooperation and creating an enabling
international environment for the realization of the right to development and all human
rights.
VI. Focus areas of the mandate
32. More than 30 years after the adoption of the Declaration on the Right to
Development, there is a need to reinvigorate the advocacy process for its implementation.
Business as usual will not be sufficient to achieve progress. The right to development is not
just a declaration or a topic for political debate within the United Nations or political
forums. The reality outside these forums is that of billions of people who are in need of
improvements in their lives and who are entitled to have their human rights, including the
right to development, realized. The particular value of the right to development is that it
shifts the focus away from statistics and goods to the well-being of people. Only when
people have access to education, when they are allowed to work in a profession of their
choice, when they have access to financial services, health care and housing, when they can
fully and fairly participate in shaping the policies that govern their lives, are they able to
lead lives to their full potential. The right to development brings to the discussion the
paradigm of choice — the right of every human being to participate in, to contribute to and
to enjoy economic, social, cultural and political development, in order to achieve
sustainable development.
33. When establishing the mandate of the Special Rapporteur, the Human Rights
Council emphasized the urgent need to make the right to development a reality for
everyone. The Special Rapporteur sees his role as ensuring that the right to development
remains a focus in the global discourse on the post-2015 development agenda. The Special
Rapporteur will work to ensure that the right to development, and indeed all human rights,
are recognized as an integral part of the sustainable development discourse, while
emphasizing that development should happen in accordance with human rights principles
and with the goal of achieving the realization of the right to development for all, rather than
simply for economic growth. While economic growth is important, it is a quantitative and
value-neutral concept that can have both negative and positive impacts on people’s lives.
Development, on the other hand, is a qualitative concept; including the human rights
dimension is crucial to assessing the actual success of human development. Accordingly,
the vision contained in the Declaration on the Right to Development must be the guiding
force in the implementation of the post-2015 development framework. On the basis of
Council resolution 33/14, the Special Rapporteur has identified several major areas of focus
that he would like to develop in the course of his mandate.
34. First, the Special Rapporteur intends to focus on identifying and working to remove
structural obstacles to the implementation of the right to development, by assessing national
and international development policies and providing recommendations on fostering
effective international cooperation, including in relation to financing for development.
Depending on available resources, he also intends to organize consultations, in particular
regional consultations, on some of these issues.
35. Second, in line with Human Rights Council resolution 33/14, the Special Rapporteur
will develop a constructive dialogue and consult with States and other relevant stakeholders
to identify, exchange and promote good practices relating to the realization of the right to
development in the context of the implementation of the 2030 Agenda, the Sendai
Framework for Disaster Risk Reduction 2015-2030, the Addis Ababa Action Agenda and
the Paris Agreement on climate change. At the present stage, the Special Rapporteur has
not yet developed benchmarks to assess, measure and compare what qualitatively could be
considered good practices. He will further consult stakeholders in this respect.
36. A third area of focus will be exploring practical measures and providing
recommendations for the realization of the right to development at the national and
international levels. The Special Rapporteur is mandated to contribute to the promotion,
protection and fulfilment of the right to development in the context of the implementation
of the 2030 Agenda and other internationally agreed outcomes of 2015, and to this effect
engage with Member States and other stakeholders and participate in relevant international
meetings and conferences. In that context the Special Rapporteur observes that
operationalizing the right to development requires not only evaluation of the outcomes of
the 2030 Agenda, but also examination of the processes that lead to the above outcomes,
with particular attention paid to ensuring the participation of all relevant stakeholders.
37. Further, the Special Rapporteur is mandated 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, taking into account, inter alia, the deliberations and
recommendations of the Working Group, while avoiding any duplication. The Special
Rapporteur intends to implement his mandate by providing input to the discussions on
finalizing the consideration of the criteria and operational subcriteria in relation to the
elaboration of a comprehensive and coherent set of standards for the implementation of the
right to development. At the time of writing of the present report, the Special Rapporteur
had initiated consultations with the Chair-Rapporteur of the Working Group,
representatives of the participating States and civil society organizations to assess how best
to carry out this task. The Special Rapporteur endeavours to use in his work the agreed
conclusions of the Working Group as a basis for his efforts to move forward the
implementation of the right to development.
VII. Methods of work
38. The core of the Special Rapporteur’s work will consist of the following interrelated
activities:
(a) Submitting to the Human Rights Council and the General Assembly annual
reports on the activities undertaken in fulfilling his mandate, including thematic studies on
key issues related to the right to development. In the course of his mandate the Special
Rapporteur will, as requested, undertake in-depth studies and submit thematic reports to the
Council and the Assembly on various aspects of the right to development. At the time of
writing of the present report, the Special Rapporteur was in the process of conducting
consultations with States, the Office of the United Nations High Commissioner for Human
Rights, United Nations agencies, international organizations, non-governmental
organizations and other stakeholders, seeking suggestions for thematic studies to be
conducted throughout his mandate;
(b) Gathering, requesting and receiving information from, and exchanging
information and communications with, States and other relevant sources, including civil
society organizations, on issues related to the right to development;
(c) Engaging in dialogue with Member States with the goal of formulating
international development policies aimed at facilitating the full realization of the right to
development and promoting effective international cooperation with a view to the
realization of the right to development;
(d) Continuing to engage in dialogue with United Nations bodies, development
agencies and international development, financial and trade institutions, to engage and
support their efforts to mainstream the right to development in their work;
(e) Developing a specific methodology for the conduct of in situ visits to assess
the implementation of the right to development;
(f) Developing a specific methodology to examine specific situations/cases
related to the right to development, with a view to establishing open dialogue with the
institutions and countries concerned, in consultation with relevant stakeholders;
(g) Developing cooperation with other special procedure mandate holders
working on related issues.
VIII. Conclusions
39. The present report of the Special Rapporteur is being submitted only a few
months after his appointment. The Special Rapporteur is acutely aware of the
complexities and sensitivities that surround the debate on the right to development.
He is also aware of the need to avoid duplication of work being done throughout the
United Nations system and to ensure synchronicity and consistency in all activities.
The present report contains an overview of the main focus areas the Special
Rapporteur proposes to address as priorities in the course of his mandate. He is not
asserting that he will have the capacity to address all these issues in full detail, or that
he will confine himself only to these issues, as this will also depend upon resources and
opportunities.
40. The Special Rapporteur looks forward to receiving and analysing feedback
from stakeholders, including think tanks, development practitioners and universities.
He looks forward to working together with relevant special procedure mandate
holders, especially those working on mandates closely related to the right to
development, such as the Working Group on the issue of human rights and
transnational corporations and other business enterprises, the Special Rapporteur in
the field of cultural rights, the Special Rapporteur on the right to education, the
Special Rapporteur on the issue of human rights obligations relating to the enjoyment
of a safe, clean, healthy and sustainable environment, the Special Rapporteur on the
right to food, the Independent Expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of all human rights,
particularly economic, social and cultural rights, the Special Rapporteur on the right
of everyone to the enjoyment of the highest attainable standard of physical and mental
health, the Independent Expert on the promotion of a democratic and equitable
international order, the Independent Expert on human rights and international
solidarity and the Special Rapporteur on extreme poverty and human rights. The
Special Rapporteur will also endeavour to cooperate closely with the Working Group
on the Right to Development and with other human rights and development bodies
and mechanisms, such as the United Nations Development Programme, the United
Nations Environment Programme, United Nations Conference on Trade and
Development and the United Nations Entity for Gender Equality and the
Empowerment of Women (UN-Women). Finally, the Special Rapporteur stresses that
an effective discharge of his mandate will only be possible with the full cooperation of
Member States, international organizations and non-governmental organizations, and
with adequate support from the Office of the United Nations High Commissioner for
Human Rights.