TWN Info Service on UN Sustainable Development (Nov24/02)
20 November 2024
Third World Network

UNGA: Third Committee adopts key resolution on right to development
Published in SUNS #10120 dated 19 November 2024

Penang, 18 Nov (Kanaga Raja) — The Third Committee of the United Nations General Assembly (UNGA), at its seventy-ninth session, adopted a resolution on the right to development, in which the General Assembly amongst others, acknowledged the need to strive for greater acceptance, operationalization and realization of the right to development at the international level.

In the resolution adopted by the Third Committee, which deals with social, humanitarian and cultural issues at the United Nations, the General Assembly urged all States to undertake at the national level the necessary policy formulation and to institute the measures required for the implementation of the right to development as an integral part of all human rights and fundamental freedoms.

The resolution also recognized that, “despite continuous efforts on the part of the international community, the gap between developed and developing countries remains unacceptably wide, that most of the developing countries continue to face difficulties in participating in the globalization process and that many risk being marginalized and effectively excluded from its benefits.”

In this regard, the General Assembly expressed its deep concern over “the negative impact on the realization of the right to development owing to the further aggravation of the economic and social situation, in particular of developing countries, as a result of the effects of international energy, food and financial crises, as well as the increasing challenges posed by global climate change and the loss of biodiversity, which have increased vulnerabilities and inequalities and have adversely affected development gains, in particular in developing countries.”

The resolution further stressed that South-South cooperation is not a substitute for, but rather a complement to, North-South cooperation and hence should not result in a reduction of North-South cooperation or hamper progress in fulfilling existing official development assistance (ODA) commitments.

The resolution (A/C.3/79/L.28) adopted by the Third Committee on 13 November by a vote of 129 in favour to 25 against and 30 abstentions, was introduced by Cuba, on behalf of the Non-Aligned Movement (NAM).

According to a report of the Third Committee’s proceedings published by Global Policy Forum’s Global Policy UN Watch (Issue No.9), Cuba said that the text takes note of the decision of the Human Rights Council in its resolution 54/18 to submit to the General Assembly a draft International Covenant on the Right to Development for discussion, negotiation and subsequent adoption.

“Although this will doubtless be a complex process, the Non-Aligned Movement is determined to ensure that it can have a successful outcome for the benefit of generations today and to come,” said Cuba.

According to the Global Policy Forum report, Cuba said that draft resolution L.28 is based on “the undeniable and unequivocal existence of the Right to Development in keeping [with] resolution 41/128, of this Assembly and the 2030 Agenda for Sustainable Development.”

Cuba said that “those voting in favour of the text will be sending a clear signal about the recognition of this human right under which every person and all peoples are able to participate in economic, social, cultural and political development and able to also avail themselves of their other human rights.”

According to the Global Policy Forum report, the United States, which voted against the resolution, said while the importance of sustainable development is clear, “we are concerned that the Right to Development resolution creates a detrimental narrative which seeks to elevate the process of development above human rights.”

According to the Global Policy Forum, the US said the resolution shifts focus from an approach that respects the central importance of human rights to development to one that prioritizes development above human rights, and thus tilts the decades-long balance between these two imperatives.

“The Right to Development identified within the text appears to protect states instead of individuals; states do not have human rights, they guarantee them to individual human beings,” the US further said.

The US was of the view that the Right to Development “is not recognized in any of the core UN human rights conventions, does not have an agreed international meeting, and is not recognized as a universal right held and enjoyed by individuals.”

The Global Policy Forum report also cited Hungary, speaking on behalf of the European Union and its Member States, which also voted against the resolution, as saying that “the EU and its Member States have maintained their position as the largest global official development assistance provider.”

“In 2023, EU collective ODA reached 95.9 billion euros, accounting for 42% [of] global ODA,” said Hungary.

“While states have the primary responsibility and obligations for the full realization of human rights, every individual person must be always and everywhere recognized as a rights holder. Lack of development can never be used as a pretext by states not to fulfill the human rights obligations,” it added.

Hungary said that it is aware of the “diverging” views on the Right to Development, particularly on drafting a legally binding instrument that the resolution refers to.

“There are still many pending questions on both the substance and form of the instrument. For consensus to emerge, it is important to consider such views and questions,” said Hungary, according to the Global Policy Forum report of the proceedings of the Third Committee.

KEY RESOLUTION ADOPTED

In the resolution adopted by the UNGA Third Committee on 13 November, the General Assembly took note of the consolidated report of the Secretary-General and the United Nations High Commissioner for Human Rights concerning the promotion and realization of the right to development.

It acknowledged 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 measures required for the implementation of the right to development as an integral part of all human rights and fundamental freedoms.

The resolution supported the realization of the mandate of the Working Group on the Right to Development, and recognized the need for renewed efforts with a view to overcoming the existing political impasse within the Working Group and 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 of 30 March 2007.

It stressed the importance of the core principles contained in the conclusions of the Working Group at its third session 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 underlined the importance of the principles of equity and transparency.

The General Assembly took note, in this regard, that through its resolution 54/18 of 12 October 2023, the Human Rights Council submitted to the General Assembly the draft international covenant on the right to development for its consideration, negotiation and subsequent adoption.

The resolution noted 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, which is a useful basis for further deliberations on the implementation and realization of the right to development. It called upon Member States to contribute to the efforts of the Working Group in the achievement of its mandate.

The General Assembly stressed that it is important that the Chair-Rapporteur and the Working Group, in the discharge of their mandates, take into account the need:

(a) To promote the democratization of the system of international governance in order to increase the effective participation of developing countries in international decision-making;

(b) To also promote effective partnerships such as the New Partnership for Africa’s Development and other similar initiatives with the developing countries, particularly the least developed countries, for the purpose of the realization of their right to development, including the achievement of the Sustainable Development Goals;

( c) 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 measures required for the implementation of the right to development as an integral part of all human rights and fundamental freedoms, and also while urging all States to expand and deepen mutually beneficial cooperation in ensuring development and eliminating obstacles to development in the context of promoting effective international cooperation for the realization of the right to development, bearing in mind that lasting progress towards the implementation of the right to development requires effective development policies at the national level and a favourable economic environment at the international level;

(d) To consider ways and means to continue to ensure the operationalization of the right to development as a priority, including in the context of the recovery from the COVID-19 pandemic, through equitable and fair access for all countries, particularly developing countries, to vaccines and medicines as global public goods, sharing the benefits of scientific progress, financial and technological support and debt relief;

(e) To mainstream the right to development into the policies and operational activities of the specialized agencies, funds and programmes of the United Nations system, as well as in the policies and strategies of the international financial and multilateral trading systems, bearing in mind in this regard that the core principles of the international economic, commercial and financial spheres, such as equity, non-discrimination, transparency, accountability, participation and international cooperation, including effective partnerships for development, are indispensable in achieving the right to development and preventing discriminatory treatment arising from political or other non-economic considerations in addressing the issues of concern to the developing countries.

The General Assembly stressed that South-South cooperation is not a substitute for, but rather a complement to, North-South cooperation and hence should not result in a reduction of North-South cooperation or hamper progress in fulfilling existing official development assistance commitments, and encouraged Member States and other relevant stakeholders to incorporate the right to development into the design, financing and implementation of cooperation processes.

It reaffirmed the commitment to implement the goals and targets set out in all the outcome documents of the major United Nations conferences and summits and their review processes, in particular those relating to the realization of the right to development, recognizing that the realization of the right to development is critical to achieving the objectives, goals and targets set out in those outcome documents.

The resolution also reaffirmed that the realization of the right to development is essential to the implementation of the Vienna Declaration and Programme of Action, which regards all human rights as universal, indivisible, interdependent and interrelated, places the human person at the centre of development and recognized that, while development facilitates the enjoyment of all human rights, a lack of development may not be invoked to justify the abridgement of internationally recognized human rights.

The General Assembly further reaffirmed that development contributes significantly to the enjoyment of all human rights by all, and called upon all countries to realize people-centred development of the people, by the people and for the people.

It called upon all States to spare no effort in promoting and protecting all human rights for all, including the right to development, in particular while implementing the 2030 Agenda for Sustainable Development and recovering from the negative effects of the COVID-19 pandemic, as it is conducive to the overall enjoyment of human rights.

It stressed that the primary responsibility for the promotion and protection of all human rights lies with the State, and reaffirmed that States have the primary responsibility for their own economic and social development and that the role of national policies and development strategies cannot be overemphasized.

The General Assembly reaffirmed the primary responsibility of States to create national and international conditions favourable to the realization of the right to development, as well as their commitment to cooperate with one another to that end.

It also reaffirmed its commitment to international cooperation and multilateralism and its strong support for the central role of the United Nations system in the global recovery from the COVID-19 pandemic.

The General Assembly further reaffirmed its resolution 74/274 of 20 April 2020, in which it recognized the importance of international cooperation and effective multilateralism in helping to ensure that all States have in place effective national protective measures, access to and flow of vital medical supplies, therapeutics, medicines and vaccines, in order to minimize negative effects in all affected States and to avoid relapses of the COVID-19 pandemic.

It called upon Member States and relevant stakeholders to strengthen international cooperation, as well as their support for multilateral efforts and for the central role of the United Nations system, in order to mobilize a coordinated global recovery from the adverse social, economic and financial impact of the COVID-19 pandemic on all societies that contributes to the realization of the right to development and leaves no one behind.

The General Assembly expressed concern about all cases of human rights violations and abuses by transnational corporations and other business enterprises, which underline the need to ensure that appropriate protection, justice and remedies are provided to the victims of human rights violations and abuses resulting from their activities, and underscored the fact that these entities must contribute to the means of implementation for the realization of the right to development. It reaffirmed the need for an international environment that is conducive to the realization of the right to development.

It emphasized the critical importance of identifying and analysing obstacles impeding the full realization of the right to development at both the national and international levels, including in the context of the response to and the recovery from the COVID-19 pandemic.

The General Assembly reaffirmed that, while globalization offers both opportunities and challenges, the process of globalization remains deficient in achieving the objectives of integrating all countries into a globalized world, stressed the need for policies and measures at the national and global levels to respond to the challenges and opportunities of globalization if this process is to be made fully inclusive and equitable, and recognized that globalization has brought disparities between and within countries and that issues such as trade and trade liberalization, the transfer of technology, infrastructure development and market access should be managed effectively in order to mitigate the challenges of poverty and underdevelopment and to make the right to development a reality for everyone.

It recognized that, despite continuous efforts on the part of the international community, the gap between developed and developing countries remains unacceptably wide, that most of the developing countries continue to face difficulties in participating in the globalization process and that many risk being marginalized and effectively excluded from its benefits.

The General Assembly expressed its deep concern, in this regard, about the negative impact on the realization of the right to development owing to the further aggravation of the economic and social situation, in particular of developing countries, as a result of the effects of international energy, food and financial crises, as well as the increasing challenges posed by global climate change and the loss of biodiversity, which have increased vulnerabilities and inequalities and have adversely affected development gains, in particular in developing countries.

It encouraged Member States to give particular consideration to the right to development in the implementation of the 2030 Agenda for Sustainable Development, and emphasized that the 2030 Agenda promotes respect for all human rights, including the right to development.

It urged developed countries that have not yet done so to make concrete efforts towards meeting the targets of 0.7 per cent of their gross national product for official development assistance to developing countries and 0.15 to 0.2 per cent of their gross national product to the least developed countries, and encouraged developing countries to build on the progress achieved in ensuring that official development assistance is used effectively to help to meet development goals and targets.

The General Assembly recognized the need to address market access for developing countries, including in the sectors of agriculture, services and non-agricultural products, in particular those of interest to developing countries. It called once again for the implementation of a desirable pace of meaningful trade liberalization, including in areas under negotiation in the World Trade Organization, the implementation of commitments on implementation-related issues and concerns, a review of special and differential treatment provisions, with a view to strengthening them and making them more precise, effective and operational, the avoidance of new forms of protectionism, and capacity-building and technical assistance for developing countries as important issues in making progress towards the effective implementation of the right to development.

The resolution recognized the important link between the international economic, commercial and financial spheres and the realization of the right to development, stressed in this regard the need for good governance and for broadening the base of decision-making at the international level on issues of development concern and the need to fill organizational gaps, as well as to strengthen the United Nations system and other multilateral institutions, and also stressed the need to broaden and strengthen the participation of developing countries and countries with economies in transition in international economic decision-making and norm-setting.

It also recognized that good governance and the rule of law at the national level assist all States in the promotion and protection of human rights, including the right to development, and agreed on the value of the ongoing efforts being made by States to identify and strengthen good governance practices, including transparent, responsible, accountable and participatory government, that are responsive and appropriate to their needs and aspirations, including in the context of agreed partnership approaches to development, capacity-building and technical assistance.

The General Assembly recalled the Political Declaration on HIV and AIDS: Ending Inequalities and Getting on Track to End AIDS by 2030, adopted on 8 June 2021 at the high-level meeting of the General Assembly on HIV and AIDS, and underscored the importance of enhanced international cooperation to support the efforts of Member States to achieve health goals, including the target of ending the AIDS epidemic by 2030, implement universal access to healthcare services and address health challenges.

The resolution also recalled the political declaration of the third high-level meeting of the General Assembly on the prevention and control of non-communicable diseases, adopted on 10 October 2018, as well as the political declarations of the second high-level meeting of the General Assembly on the fight against tuberculosis and the General Assembly high-level meeting on pandemic prevention, preparedness and response, both adopted on 5 October 2023, with their particular focus on development and other challenges and social and economic determinants and impacts, particularly for developing countries.

It further recalled the political declaration of the second high-level meeting of the General Assembly on universal health coverage, adopted on 5 October 2023, in which it was reaffirmed that health is a precondition for and an outcome and indicator of the social, economic and environmental dimensions of sustainable development and the implementation of the 2030 Agenda for Sustainable Development.

The General Assembly stressed its commitment to Indigenous Peoples in the process of the realization of the right to development, reaffirmed the commitment to promote their rights in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security, in accordance with recognized international human rights obligations and taking into account, as appropriate, the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly in its resolution 61/295 of 13 September 2007, and in this regard recalled the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, held in 2014.

It recognized the need for strong partnerships with civil society organizations and the private sector in pursuit of poverty eradication and development, as well as for corporate social responsibility.

The General Assembly called upon the specialized agencies, funds and programmes of the United Nations system to mainstream the right to development into their operational programmes and objectives, and stressed the need for the international financial and multilateral trading systems to mainstream the right to development into their policies and objectives.

It requested the Secretary-General to bring the present resolution to the attention of Member States, United Nations organs and bodies, the specialized agencies, funds and programmes of the United Nations system, international development and financial institutions, in particular the Bretton Woods institutions, and non- governmental organizations.

It decided to convene a one-day high-level segment of the General Assembly, in the margins of the general debate of the Assembly at its eighty-first session, in order to commemorate the fortieth anniversary of the Declaration on the Right to Development.

The resolution requested the Secretary-General to submit a report to the General Assembly at its eightieth session and an interim report to the Human Rights Council on the implementation of the present resolution, including on efforts undertaken at the national, regional and international levels in the promotion and realization of the right to development, and invited the Chair-Rapporteur of the Working Group and the Special Rapporteur to present an oral report with a similar scope and to engage in an interactive dialogue with the Assembly at its eightieth session. +