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“The Wheel of Time turns, and Ages come and pass, leaving memories that become legend. Legend fades to myth, and even myth is long forgotten when the Age that gave it birth comes again.”
― Robert Jordan
Thus it is with the right to development. Straight out of the narrative of the Wheel of Time, the infinitely long fantasy adventure novel series by Robert Jordan and completed by Branden Sanderson (now reduced to a multi-season television series), the right to development as a conception of or in international legality (soft or hard) has left memories, which became legends, which faded to its own mythos, and then, once forgotten has reappeared. That reappearance assumes three forms--each, like the great protagonists of the Wheel of Time series, represents a different cluster of beliefs and practices, that is a different way of looking at the world. These different imaginaries each reflect the time, space, and place where they arose. They are, in that sense, distinct collective interpretations of "development" as an ideogram--in semiotics a signified object--redolent with meanings that, like the wheel of time, turn on the forward movement of human dialectics (of the synthesis of meaning from the clash of a ruling meaning, its challenging meaning. The Wheel is fueled by this dialectic. The ideogram /development) never changes--that is both the word and the object. But its signification, that is the way it is identified, described, understood, and exploited by communities is always changing. "Shape clay into a vessel; It is the space within that makes it useful." (Lao Tzu, Tao Te Ching (Gia Fu Feng & Jane English (trans)) ¶ 11).
And thus the concept (object)--development--is both solidified as a sign (given significance), and its interpretation within communities is in constant flux within the rough parameters of consensus on its significs. In the current era (since 1945) development has been applied to the imaginaries of three distinct communities, and from there projected onto the world. (that projection serving as the lubricant for global dialectics on development). Each understands develop in conceptually different ways. Though they overlap, they cannot occupy the same space. And each seeks to displace the others and assume the central element of our world's wheel of time.
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The second is that of Marxist-Leninist orders brought to its current state of expression in the bodies of Asian Marxist Leninist states and expressed now through the magisterium that is the Belt & Road Initiative (BRI) with China at ts core. Development here is understood as the inevitable expression of collective enterprise organized by and under the guidance and leadership of the leading forces of society organized as a Leninist collective and charged with the responsibility of exercising political power to move the national collective closer to the time when a communist society can be established. Development of the nation's productive forces is an essential element of that responsibility.
The last is that of post-colonial and post-imperial national orders brought to its current state of expression in the bodies of states liberated from the formal domination of other states a lifetime ago (measured by the life span of a human) and expressed through the magisterium of that is the constant state of oppression against which all national existence is gauged. For some, these are orders stuck in a moment in time and still unable to leave that moment of liberation in which they appear to be stuck. Development here is understood as a pathway that moves away from the structures, patterns, and sensibilities of oppression in which their national identities were forged, but spiced with the fundamental premise that such a pathway is inevitably blocked by the other two orders, though in very different ways.
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But the Wheel of time has turned. And while the adversary remains the same: the liberal democratic economic order--the discursive tropes of the counter-hegemonic hegemony have changed. Now they speak the language of sustainability, compliance, and impacts. "It is becoming increasingly clear that the current economic order and business models are not fit for the purpose of achieving inclusive, equitable and sustainable development. A fundamental shift is needed." (Ibid., ¶82). They remains suspicious of unguided autonomous decision making and directionless markets as the 1974 version, but the appeal is to a broader audience, and the invocation is to the promise of state based quality control measures in the form of increasingly complex webs of administrative discretion.
There are many root causes behind the non-realization of the right to development. Lack of meaningful participation of people in decision-making processes, capacity deficits related to finance and technology, various inequalities, the current neocolonial and neoliberal economic order and irresponsible business models are just some. (Ibid., ¶ 79).
But a bit of the old language remains. "It is becoming increasingly clear that the current economic order and business models are not fit for the purpose of achieving inclusive, equitable and sustainable development. A fundamental shift is needed. (Ibid., ¶11) This nicely echos the 1974 language: "Full permanent sovereignty of every State over its natural resources and all economic activities. In order to safeguard these resources, each State is entitled to exercise effective control over them and their exploitation with means suitable to its own situation, including the right to nationalization or transfer of ownership to its nationals, this right being an expression of the full permanent sovereignty of the State." (NIEO ¶ 4(e)).
And, of course, the underlying premise remains the same. China--and Marxist-Leninist orders are also missing--an odd state of affairs for a normative order that is methodically insinuating itself in the heart of what is assumed, without more, to be the heart of postcolonial and post.imperial orders. A pity.
The Wheel has turned indeed; what was dead has been reanimated; an old spirit long thought quite dead has been reborn. The semiotics of development are in some respects even more profoundly powerful than its details. It is the semiotics of Elysium and of revolution, the apotheosis of which tends to end the narrative (and thus doom the future--the case of Cuba is emblematic).The greatest and most significant achievement during the last decades has been the independence from colonial and alien domination of a large number of peoples and nations which has enabled them to become members of the community of free peoples. Technological progress has also been made in all spheres of economic activities in the last three decades, thus providing a solid potential for improving the well-being of all peoples. However, the remaining vestiges of alien and colonial domination, foreign occupation, racial discrimination, apartheid and neo-colonialism in all its forms continue to be among the greatest obstacles to the full emancipation and progress of the developing countries and all the peoples involved. The benefits of technological progress are not shared equitably by all members of the international community. The developing countries, which constitute 70 per cent of the world's population, account for only 30 per cent of the world's income. It has proved impossible to achieve an even and balanced development of the international community under the existing international economic order. The gap between the developed and the developing countries continues to widen in a system which was established at a time when most of the developing countries did not even exist as independent States and which perpetuates inequality. (NIEO ¶ 1).
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All of this makes Reinvigorating the right to development: A vision for the future a fascinating read as well as a harbinger of the battles that will be fought--again pitting forces which view each other as incarnations of evil and themselves as good. Beyond that, the Report suggests the ways in which both human rights and sustainability are likely to break out of their conceptual cages to assume a more comprehensive impact as legal foundational text. The transformation of sustainability and human rights from object to structural element in law and regulation--for example as they insinuate themselves into the structures of development, will likely have a profoundly transformative effect on the epistemology of law.
The text of Reinvigorating the right to development: A vision for the future follows below.
General Assembly Distr.: General
4 August 2023
Original: English
Human Rights Council
Fifty-fourth session
11 September–6 October 2023
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Reinvigorating the right to development: A vision for the future
Report of the Special Rapporteur on the right to development, Surya
Deva*
Summary
In the present report, submitted to pursuant to Human Rights Council resolutions
33/14 and 51/7, the Special Rapporteur on the right to development, Surya Deva, outlines
his vision for reinvigorating the right to development, highlights achievements in realizing
this right over the years, identifies major current challenges for its full implementation and
proposes strategies to overcome those challenges. The report also includes the Special
Rapporteur’s goals and thematic priorities and describes his methods of work to discharge
his mandate and engage all relevant stakeholders in an inclusive manner.
* Agreement was reached to publish the present report after the standard publication date owing to circumstances beyond the submitter’s control.
I. Introduction
A. Context
1. After taking up his role on 1 May 2023, the Special Rapporteur on the Right to
Development, Surya Deva, has been reaching out to a wide range of stakeholders, such as
representatives of States, United Nations agencies, national and regional human rights
institutions, businesses, trade unions, civil society organizations, women’s and youth
organizations, Indigenous Peoples’ organizations and academia to understand better the
challenges and opportunities in realizing the right to development and to ascertain key
priorities of the mandate. He has also held meetings with his predecessor, Saad Alfarargi,
members of the Expert Mechanism on the Right to Development, the Chair-Rapporteur of
the Working Group on the Right to Development and several other special procedure
mandate holders.
2. The Special Rapporteur has participated in several events to highlight the
importance of the right to development: (a) the twenty-fourth session of the Working Group
on the Right to Development, held in Geneva from 15 to 19 May 2023; (b) the Geneva
Dialogues on Human Rights and Climate Change held in Geneva on 17 May 2023; (c) the
United Nations Responsible Business and Human Rights Forum, Asia Pacific, held in
Bangkok from 6 to 9 June 2023; and (d) the high-level political forum on sustainable
development held in New York from 10 to 19 July 2023. He also participated in the twenty-
ninth annual meeting of special rapporteurs, special representatives, independent experts
and chairs of working groups of the special procedures of the Human Rights Council, held
in Geneva from 12 to 16 June 2023. His participation in those events allowed him to
conduct bilateral meetings with various stakeholders.
3. In the present report, the Special Rapporteur outlines his vision for reinvigorating
the right to development. In particular, he proposes specific strategies to overcome key
challenges in realizing the right to development. He also uses the report to reinforce a
holistic understanding of the right to development and to highlight the unique value that
this right brings to international human rights law.
B. Objectives
4. With the present report, the Special Rapporteur seeks to achieve four objectives.
First, he articulates a holistic vision of the right to development derived from the
Declaration on the Right to Development and other relevant instruments, such as the Rio
Declaration on Environment and Development, the Vienna Declaration and Programme of
Action, the Addis Ababa Action Agenda of the Third International Conference on
Financing for Development, the 2030 Agenda for Sustainable Development and the Paris
Agreement, and describes the added value offered by the right to development and the
importance of multiple actors having concurrent duties and responsibilities. Second, he
provides illustrative examples of achievements in implementing the right to development at
the normative and practical levels, and how this right is central to the calls for a new
economic order. Third, he highlights several ongoing challenges in realizing the right to
development and proposes specific strategies to overcome those challenges. Fourth, he
outlines some of the thematic priorities that he proposes to focus on during his mandate in
the coming years and the methods of work that he plans to adopt.
C. Methodology
5. In the present report, the Special Rapporteur draws on developments at the
national, regional and international levels in implementing the right to development and
the ongoing challenges experienced by States and other actors in realizing this right. The
analysis in the report is informed by a literature review and insights gained from
extensive outreach to collect input from all relevant stakeholders in an inclusive and
transparent way.
6. In response to the Special Rapporteur’s call for input from States and other
stakeholders, submissions were received from 11 States, four international organizations,
18 civil society organizations, two business representatives and four individuals
(including from academia).1 The Special Rapporteur also conducted a consultation in
Bangkok on 8 June 2023, during the United Nations Responsible Business and Human
Rights Forum, and two online consultations with experts from all world regions on 21
and 22 June 2023. In addition, he had several bilateral conversations with
representatives of States and other organizations in Geneva and New York during the
period May–July 2023. The Special Rapporteur is grateful to all stakeholders for
providing input in various forms.
D. Scope and limitations
7. In the present report, a broad-brush approach is adopted in highlighting current
challenges to the full realization of the right to development and potential strategies to
overcome those challenges. Owing to word limit constraints, it has not been possible to
explore some of the themes or ideas contained in the report more deeply. However, the
Special Rapporteur hopes to revisit some of those issues in subsequent reports or other
work.
II. A holistic understanding of the right to development
A. Conceptual framework of the right to development
8. Although the roots of the right to development can be traced to the Covenant of the
League of Nations and the Charter of the United Nations,2 a landmark development was the
adoption of the Declaration on the Right to Development, in 1986. It defines the right to
development as the right of every human person and all peoples 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 (art. 1 (1)). From this definition, three
elements and four facets of the right to development can be discerned. The three elements
are the ability of human beings to participate in, contribute to and enjoy the right to
development. The four facets are economic, social, cultural and political development.
9. Pursuing these four facets of development provides a pathway to realize all human
rights and fundamental freedoms. In other words, the right to development is both an end
and a means to realize other human rights.3 The African Commission on Human and
Peoples’ Rights has observed that “the right to development is a two-pronged test, that it is
both constitutive and instrumental, or useful as both a means and an end. A violation of
either the procedural or substantive element constitutes a violation of the right to
development. Fulfilling only one of the two prongs will not satisfy the right to
development.”4
10. Four overarching principles of the right to development can be derived from the
Declaration on the Right to Development and other relevant instruments: (a) self-
determination; (b) intersectionality; (c) intergenerational equity; and (d) fair distribution.
11. The first overarching principle of the right to development is self-determination.
Peoples have a right to determine their economic, social and cultural development in line
1 All submissions are available at https://www.ohchr.org/en/calls-for-input/2023/call-inputs-2023-reports-un-special-rapporteur-right-development.
2 Surya P. Subedi, “Declaration on the Right to Development” (2021). Available at https://legal.un.org/avl/pdf/ha/drd/drd_e.pdf.
3 Amartya Sen, Development as Freedom (Oxford, United Kingdom of Great Britain and Northern Ireland, Oxford University Press, 1999), p. 10.
4 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, Communication No. 276/2003, Decision, para. 277.
with the International Bill of Human Rights. The principle of self-determination entails
peoples having full sovereignty over all their natural wealth and resources.5 This principle
is relevant even in the post-colonial context, because some States and companies tend to
justify taking control of the natural resources of vulnerable or marginalized communities,
without their meaningful participation, as being for the larger public good or accomplishing
a top-down model of economic development.
12. Intersectionality is the second overarching principle of the right to development,
because rights holders are not a homogenous group.6 Many individuals and groups often
face multiple layers of discrimination in society, which undermines their ability to realize
the right to development. For this reason, the obligation of States to promote universal
respect for human rights “without distinction of any kind such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status”
is underscored in the preamble of the Declaration on the Right to Development.7
13. The third overarching principle of the right to development is intergenerational
equity, as this right is not a licence to destroy the planetary ecosystem or undermine the
ability of future generations to fulfil their development aspirations. This component of the
right to development is highlighted in the Rio Declaration on Environment and
Development and the Vienna Declaration and Programme of Action: “The right to
development must be fulfilled so as to meet equitably the developmental and environmental
needs of present and future generations.”8 In this context, principle 5 (b) of the Maastricht
Principles on the Human Rights of Future Generations is relevant in that it is asserted
therein that future generations are entitled to all individual and collective human rights,
including the right to development. The principle of intergenerational equity, which is also
acknowledged in the preamble of the Paris Agreement, is critical to ensure that the right to
development contributes to inclusive, equitable and sustainable development.
14. Fair distribution is the fourth principle of the right to development. In article 2 (3) of
the Declaration it is noted that the aim of development policies should be the constant
improvement of the well-being of the entire population and of all individuals and the fair
distribution of the benefits.9 In other words, instead of facilitating development for and
improving the well-being of some, no one must be left behind.
15. All the elements, facets and overarching principles of the right to development are
crucial: taking out any of them would create an imbalance. Figure I depicts the correlation
between the three facets, four elements and four principles.
Figure I
A holistic vision of the right to development
5 Declaration on the Right to Development, art. 1 (2).
6 A/72/162, para. 26. See also A/HRC/41/43.
7 See also art. 6 (1).
8 Rio Declaration, principle 3. Similar language is incorporated into para. 11 of the Vienna Declaration and Programme of Action.
9 See also article 8 of the Declaration and targets 2.5 and 15.6 of the Sustainable Development Goals.
B. Unique value of the right to development
16. The right to development adds unique value to international human rights law in
several ways.10 First, it underscores the importance of the ability to enjoy rights. It is not
enough for human beings to merely have an entitlement to human rights. Rather, they
should be able to enjoy these rights, which requires that certain conditions exist for the
enjoyment of rights. For example, international financial and tax systems should enable
developing countries to have the resources necessary to offer essential public services.
Moreover, in today’s context, access to the Internet is usually necessary to enjoy fully the
right to freedom of expression, the right to information and the right to freedom of
association. Similarly, enjoyment of the right to work presupposes that reasonable
opportunities to work exist.
17. Second, the right to development recognizes the agency of human beings. Human
beings do not have or enjoy human rights only as passive agents. Rather, their active, free
and meaningful participation is fundamental to realizing the right to development. 11
Moreover, human beings should contribute to the realization of the right to development.
Both of these dimensions of agency apply to other human rights as well.
18. Third, the right to development embodies the practical application of the principle
that human rights are indivisible, interdependent and interrelated. It does so by focusing on
the vision of achieving holistic development – that is, economic, social, cultural and
political development – in which all human rights and fundamental freedoms can be
realized. No one set of rights should take priority over the others. Nor can the lack of
development be invoked to justify the curtailment of internationally recognized human
rights. Rather, all rights should be realized together, in a harmonious way. A holistic
understanding of the right to development could also assist in overcoming siloed or
fragmented approaches to law-making and policymaking at all levels.
19. Fourth, the right to development offers a process not only for enhancing human
capabilities to accomplish development but also for realizing all other human rights. As a
former Independent Expert on the right to development noted, the “right to development as
the right to a process of development is not just an umbrella right or the sum of a set of
rights. It is the right to a process that expands the capabilities or freedom of individuals to
improve their well-being and to realize what they value”.12
20. Fifth, the right acknowledges the collective dimension, an issue which is often
overlooked in relation to human rights. 13 Nevertheless, the collective dimension, as a
complement to the individual dimension, of human rights is relevant. 14 The recent
recognition of the right to clean, healthy and sustainable environment is a case in point.15
Synergy is also seen between individual and collective dimensions in relation to other
human rights such as the right to freedom of association.16
21. Sixth, the right to development, a third-generation solidarity right,17 underlines the
importance of States’ duty to cooperate to realize the right.18 The relevance of cooperation
10 See also OHCHR, “Frequently asked questions on the right to development”, Fact Sheet No. 37 (New York and Geneva, 2016), p. 10.
11 Declaration on the Right Development, preamble. See also arts. 1 and 2.
12 E/CN.4/2002/WG.18/2, para. 3.
13 The recognition of collective or solidarity rights may address the limitations of an overly individualistic conceptualization of human rights and in turn address real societal issues such as peace, development and the environment (Philip Alston, “Making space for new human rights: the case of the right to development”, Harvard Human Rights Yearbook, vol. 1 (spring 1988), p. 4).
14 See B.G. Ramcharan, “Individual, collective and group rights: History, theory, practice and contemporary evolution”, International Journal on Group Rights, vol. 1, No. 1 (1993).
15 See General Assembly resolution 76/300.
16 OHCHR, “Frequently asked questions on a human rights-based approach to development cooperation” (New York and Geneva, 2006), p. 4.
17 Stephen Marks, “The human right to development: Between rhetoric and reality”, Harvard Human Rights Journal, vol. 17 (2004), p. 138.
18 Declaration on the Right Development, arts. 3 (2) and (3) and 6 (1).
among States is applicable to the realization of all human rights, as the United Nations High
Commissioner for Human Rights highlighted in his statement to the Human Rights Council
at its fifty-third session.
19 International cooperation and solidarity are also vital to deal with
many challenges currently faced by humanity – from climate change to migration,
pandemics, peace and security, the regulation of new technologies, food security and
terrorism.20
22. Seventh, the right to development offers the potential to address structural issues in
the current economic order that systemically disempower developing countries from
realizing the human rights of their people. “Historically, the right to development has
always been about correcting what is wrong in the global economic order.”21 It offers a
unique “language of resistance deployed both to challenge perceived inequities of the
global political economy and to claim development assistance and cooperation as a human
rights entitlement in a globalizing world”.22
C. Multiple bearers of duties and responsibilities
23. The Declaration on the Right to Development identifies those who have duties and
responsibilities in relation to the right to development. To begin with, all human beings
have a responsibility for development (art. 2 (2)). This responsibility, which is both
individual and collective, is consistent with rights holders being regarded as active
agents to realize the right to development.
24. As with other human rights, all States have tripartite duties to realize the right to
development, as set out in articles 2–8 of the Declaration. These duties relate to the
national, extraterritorial and collective levels.
23 The extraterritorial dimension of duties
is relevant to the right to development.24 Moreover, considering the colonial history,
which created an inherent disadvantage for the global South,25 special attention is paid in
the Declaration to the duty of States to cooperate with each other in ensuring
development and eliminating obstacles to development (art. 3 (3)). In the second revised
text of the draft covenant on the right to development, States’ duty to respect, protect
and fulfil the right to development and their duty to cooperate is further elaborated
upon.
26 Articles 7 and 9 of the draft covenant also outline the duty of legal persons to
refrain from participating in the violation of the right to development and certain
obligations of international organizations.
25. The Declaration on the Right to Development does not mention duties and
responsibilities of other actors. Nevertheless, in view of the evolving nature of
international human rights law, both international organizations and non-State actors
also have independent duties and responsibilities in relation to human rights, including
the right to development. Duty bearers include United Nations agencies, international
financial institutions, public development banks, businesses, civil society organizations,
universities and the media. For example, the General Assembly, in its resolution 48/141,
19 See https://www.ohchr.org/en/statements/2023/06/urging-greater-cooperation-high-commissioner-turk-opens-human-rights-council.
20 See A/75/982. See also https://www.ohchr.org/en/press-releases/2023/06/un-expert-calls-declaration-right-international-solidarity.
21 Noel G. Villaroman, “Rescuing a troubled concept: An alternative view of the right to development”, Netherlands Quarterly of Human Rights, vol. 29, No. 1 (2011), p. 14.
22 Bonny Ibhawoh, “The right to development: The politics and polemics of power and resistance”, Human Rights Quarterly, vol. 33, No. 1 (2011), p. 78.
23 A/HRC/51/22, para. 52.
24 See Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities; and Mark Gibney and others, eds., The Routledge Handbook on Extraterritorial Human Rights Obligations (New York, Routledge, 2022).
25 James T Gathii, “Africa and the radical origins of the right to development”, Third World Approachesto International Law Review, vol. 1 (2020), pp. 38–45.
26 A/HRC/54/50, arts. 10–12.
establishing the position of the High Commissioner, explicitly stipulated that it should
be the responsibility of the High Commissioner to promote and protect the realization of
the right to development. The human rights responsibilities of the World Bank and the
International Monetary Fund,
27 as well as of businesses, are also well established.28
III. Key achievements
26. It is important to acknowledge key achievements in realizing the right to
development at both the normative and the operational levels over the years. The right to
development is also emerging as a cornerstone of the calls for a new economic order.
A. Normative recognition at the national, regional and international levels
27. The right to development is expressly recognized in the constitutions of some States.
For example, article 30 of the Constitution of Malawi provides that all persons and peoples
have a right to development and that women, children and persons with disabilities in
particular are to be given special consideration in the application of this right.29 Article 43
of the Constitution of Ethiopia provides that the peoples of Ethiopia as a whole and each
nation, nationality and people in Ethiopia in particular have the right to improved living
standards and to sustainable development. 30 The constitutions of some other States
recognize other human rights that contribute to the realization and implementation of the
right to development, such as the right to enjoy a healthy environment,31 or provide that the
State has the duty to protect natural resources and to guarantee sustainable development.32
28. Moreover, regional courts have elaborated the content of the right to development
through judicial interpretation. For example, the African Court on Human and Peoples’
Rights has concluded that participation is a key component of the right to development.33
Similarly, the East African Court of Justice, in African Network for Animal Welfare v. the
Attorney General of the United Republic of Tanzania, struck a balance between the right to
development and the right to the environment and suggested that alternatives to destructive
development projects should be found.34
29. At the regional level, the right to development has been recognized in the Charter of
the Organization of American States (art. 17), the African Charter on Human and Peoples’
Rights (art. 22), the Arab Charter on Human Rights (art. 37) and the Association of
Southeast Asian Nations Human Rights Declaration (art. 35). One of the general objectives
of the Agreement Establishing the African Continental Free Trade Area is to promote and
attain sustainable and inclusive socioeconomic development, gender equality and structural
transformations of States parties (art. 3 (e)).
30. At the international level, the right to development has informed several policy
frameworks, such as the Addis Ababa Action Agenda, the Sendai Framework for Disaster
Risk Reduction 2015–2030, the Paris Agreement and the 2030 Agenda. The process of
drafting a covenant on the right to development is also at an advanced stage at the Human
27 See Sigrun Skogly, The Human Rights Obligations of the World Bank and the International Monetary Fund (London, Cavendish Publishing, 2001).
28 A/78/160.
29 See https://faolex.fao.org/docs/pdf/mlw136089.pdf.
30 See https://www.wipo.int/edocs/lexdocs/laws/en/et/et007en.pdf.
31 See, for example, the Constitutions of Argentina, Colombia, Guatemala, Mexico and Paraguay. Available at https://constituteproject.org/countries.
32 Constitution of El Salvador, art. 117.
33 African Commission on Human and Peoples’ Rights v. Kenya, Application No. 006/2012, Judgment, 26 May 2017.
34 Elsabé Boshoff, “Rethinking the premises underlying the right to development in African human rights jurisprudence”, Review of European, Comparative and International Environmental Law, vol. 31, No. 1 (2022), p. 33.
Rights Council. 35 Once adopted, the covenant will mark an important milestone by
strengthening the legal status of the right, as well as the corresponding obligations of States
and other actors.
B. Practical implementation of the right to development
31. The 2030 Agenda has helped in practical implementation of the right to
development in all world regions. It has also assisted in reinforcing some core components
of the right, such as non-discrimination, leaving no one behind, fair and equitable sharing of
benefits, protection of the planet and intergenerational equity.
32. Many States have adopted policies and programmes to realize the right to
development, in particular of marginalized or vulnerable populations.36 For example, the
Government of Chile has concluded the United Nations Sustainable Development
Cooperation Framework for 2023–2026, which establishes a transformative road map to
accelerate its path towards sustainable, inclusive and resilient development, including the
achievement of substantive equality in access to and the full exercise of human rights.37
Ecuador has adopted the LGBTI+ Diversities Action Plan 2022–2025, which seeks to
integrate the common interests of the LGBTI+ population in institutional planning and
national strategies.38 Senegal has been following an ambitious decentralization policy that
enables local authorities to freely administer local resources and wealth for the benefit of
their communities.39
33. Several States have also taken measures to eradicate poverty in recent decades, thus
creating the conditions necessary to realize the right to development. Over the past 40 years,
China has lifted about 800 million people out of extreme poverty (income of below $1.90
per day), accounting for close to three quarters of the reduction in extreme poverty globally
since 1980.40 In Kenya, various strategies have had a positive result in poverty reduction,
despite the negative impact of the COVID-19 pandemic.41 In the Latin American region,
countries such as Argentina, Bolivia (Plurinational State of), Brazil, Panama and Uruguay
have significantly reduced poverty, including by adopting redistributive policies.42
34. There is growing recognition that universal social protection is also an important
part of the conditions necessary to realize the right to development and all fundamental
freedoms in the post-COVID-19 world.43 States have also taken steps to bridge the digital
divide. For example, the Malaysia Digital Economy Corporation has taken various
measures to achieve digital inclusion.44
C. Right to development underpinning calls for a new economic order
35. The right to development is regaining its due place in the arena of international
human rights law as a result of the failings of the current economic order, which continues
to leave millions of people behind in a systemic way, hence the call for a new
35 See https://www.ohchr.org/en/hrc-subsidiaries/iwg-on-development.
36 A/HRC/41/50, paras. 35–46; and see https://www.ohchr.org/sites/default/files/Documents/Issues/Development/seminar-contribution-development/1st-study/WangXigen.pdf.
37 Submission from Chile.
38 Submission from Ecuador.
39 Submission from Senegal.
40 See https://www.worldbank.org/en/news/press-release/2022/04/01/lifting-800-million-people-out-of-
poverty-new-report-looks-at-lessons-from-china-s-experience.
41 World Bank Group, Rising Above the Waves, Kenya Economic Update No. 23 (June 2021), pp. 3 and 4.
42 Collins Ayoo, “Poverty reduction strategies in developing countries”, in Rural Development: Education, Sustainability, Multifunctionality, Paola de Salvo and Manuel Vaquero Pineiro, eds. (IntechOpen, 2022).
43 See A/HRC/47/36.
44 Submission from Malaysia.
transformative order, including a new social contract.45 The Secretary-General, setting out
his priorities for 2023, expressly mentioned the realization of social and economic rights
and the right to development.
46 Moreover, the High Commissioner’s call for a human rights
economy, which “directs investment to address and redress barriers to equality, justice and
sustainability” and “builds in maximum space for inclusive participation and social
dialogue”,47 shares the vision of the right to development articulated above. Similarly, the
right to development must be a core component of the Summit of the Future. To illustrate,
it is highlighted in the policy brief entitled “Valuing what counts: framework to progress
beyond gross domestic product” that sustainable development is multidimensional and that
solely focusing on gross domestic product does not capture the adverse impacts of
economic growth on the environment and biodiversity. 48 These elements are essential
components of the right to development.
IV. Major ongoing challenges
36. On the basis of discussions with various stakeholders and a literature review, the
Special Rapporteur has identified six challenges that are undermining the ability of States
and other actors to fully realize the right to development: (a) conceptual confusion; (b)
limited capacities; (c) polarization; (d) lack of participation; (e) inequalities; and (f) the
neocolonial and neoliberal order.49
A. Conceptual confusion
37. During consultations, representatives of a few States and other stakeholders asked
the Special Rapporteur questions that may together be regarded as conceptual confusion.50
There are several strands to such questions: (a) what exactly the right to development
means in practice; (b) how this right is related to other human rights and the Sustainable
Development Goals; (c) what the relation of the right to development is to economic
development or other approaches such as development-based human rights and human
rights-based development; and (d) what the basis and relevance of the duty of international
cooperation in realizing the right to development are. Some of these conceptual confusions
have also contributed to certain States adopting an antagonist political position regarding
the right to development.
38. Divergent views can also be seen in scholarly writings about the meaning of the
right to development, its added value or the need for legalization. One scholar has argued
that there are no solid grounds for claiming that there is a legal right to development.51
Another scholar has noted that the right to development functions as a “cluster right”52 In
45 Secretary-General, “Tackling inequality: a new social contract for a new era”, eighteenth annual Nelson Mandela lecture, New York, 18 July 2020; and https://www.ituc-csi.org/new-social-contract-five-demands.
46 See https://www.un.org/sg/en/content/sg/speeches/2023-02-06/secretary-generals-briefing-the-general-assembly-priorities-for-2023.
47 See https://www.ohchr.org/en/statements-and-speeches/2023/04/statement-un-human-rights-chief-human-rights-economy.
48 United Nations, Our Common Agenda Policy Brief No. 4 (May 2023).
49 Three challenges are identified in A/HRC/36/49: (a) politicization; (b) lack of engagement; and (c) adverse global trends.
50 It has been noted that there is a lack of agreement on what exactly the right to development entails and how it can be operationalized (Nico Schrijver, “A new convention on the human right to development: Putting the cart before the horse?”, Netherlands Quarterly of Human Rights, vol. 38,
No. 2 (June 2020), p. 85).
See also Roman Girma Teshome, “The draft convention on the right to development: a new dawn to the recognition of the right to development as a human right?” Human Rights Law Review, vol. 22, No. 1 (June 2022), pp. 4 and 5.
51 Jack Donnelly, “In search of the unicorn: The jurisprudence and politics of the right to development”, California Western International Law Journal, vol. 15 (1985), p. 477.
52 Schrijver, “A new convention on the human right to development”, p. 92.
fact, calls have also been made to “dissolve” the right because it duplicates work done in
the field of extraterritorial and transnational human rights obligations’ of States and non-
State actors.53
39. Some of the practices concerning the right to development are also problematic
because they tend to focus mostly on one dimension of the right (that is, cumulative
economic development), adopt a sequencing mindset between economic development and
the realization of human rights, or ignore the adverse impact of economic development on
the environment as well as the ability of future generations to fulfil their development
aspirations. These practices are inconsistent with the normative conceptualization of the
right as contained in the Declaration on the Right to Development, the Rio Declaration and
the Vienna Declaration.
B. Limited capacities
40. Realizing the right to development requires resources – technical expertise, staffing,
finances and technologies. Many States, in particular least developed States and small
island developing States, face serious capacity issues in mobilizing or accessing the
necessary resources. These capacity deficits arise for various reasons. For example, some
States are not benefiting from international trade, global supply chains and foreign direct
investment. Tax evasion by companies and illicit financial flows also undermine the ability
of States to mobilize adequate financial resources.54 Moreover, challenges are posed by
growing debts.
41. The Addis Ababa Action Agenda provides pathways to overcome most of these
capacity deficits. However, the progress in translating these commitments into action has
been slow and COVID-19 has reversed some of the gains.
C. Polarization
42. Continued divisions among States about the nature and content of the right to
development and the corresponding duties have led to deep polarization and politicization.55
Some States think that this right may be employed “to formulate obligations incumbent
upon them to provide development aid to countries which cannot on their own realize the
right to development of their inhabitants.”56 They also fear that far-reaching changes to the
international economic order would be enforced on the basis of the right to development,
including fairer terms of global trade, debt relief and compulsory transfer of technology.
43. The polarization is also reflected in States’ contrasting positions regarding the
proposed covenant on the right to development being negotiated at the Human Rights
Council.57 Such polarization, which is also fuelled by the wide ambit of the right and the
lack of clarity about the corresponding duties, is a major barrier to States working together
to realize the right to development.
53 Arne Vandenbogaerde, “The right to development in international human rights law: A call for its dissolution”, Netherlands Quarterly of Human Rights, vol. 31, No. 2 (June 2013), p. 208.
54 Shane Darcy, “‘The elephant in the room’: Corporate tax avoidance and business and human rights”, Business and Human Rights Journal, vol. 2, No. 1 (2017), p. 1.
55 A/HRC/36/49, para 30 (a). See also Yuefen Li, Daniel Uribe and Danish, “The international discourse on the right to development and the need to reinvigorate its implementation”, Research Paper No. 149 (Geneva, South Centre, 2022), pp. 10–15; and Marks, “The human right to development”, pp. 141–152.
56 Schrijver, “A new convention on the human right to development”.
57 A/HRC/41/50, para. 17.
D. Lack of participation
44. While active, free and meaningful participation of people in decision-making
processes is a key element of the right to development, in practice, States and other actors
do not often ensure that such participation is facilitated. For example, the African
Commission observed that “the State has a duty to actively consult with the said
community according to their customs and traditions. This duty requires the State to both
accept and disseminate information, and entails constant communication between the
parties. These consultations must be in good faith, through culturally appropriate
procedures and with the objective of reaching an agreement.”58
45. Lack of participation, especially of vulnerable or marginalized individuals and
groups, often contributes to the unequal sharing of economic benefits, forced displacement
of communities, social divisions, environmental pollution, loss of biodiversity and
persecution of human rights defenders.59 The overall result of such a decision-making
process is the economic prosperity of some at the cost of the well-being of most people and
the planet.
E. Inequalities
46. Inequalities (social, economic, cultural, religious, political and digital) within and
among States are a major challenge to realizing the right to development.60 Vulnerable and
marginalized individuals and communities living in least developed countries, landlocked
developing countries, small island developing States and countries in conflict face
additional inequalities. Refugees – who are forced to flee their countries of origin due to
wars and conflicts – are one of the most vulnerable groups, trapped in layers of
inequalities.61
47. Despite the adoption of non-discrimination laws and policies, many individuals and
communities, such as Dalits, Roma, Haratine, Burakumin and Quilombolas, continue to
experience discrimination based on work and descent in different world regions, thus
directly undermining their ability to realize their right to development. Girls, women and
LGBTIQ+ people continue to face various forms of discrimination (including the gender
pay gap, sexual harassment and gender-based violence) in both the private and the public
spheres. Economic inequality is at all-time high, with 1 per cent of the global population
owning more than half of the world’s wealth.62
48. Inequalities are also reflected in access to healthy food and the general level of
global hunger. Almost 3.1 billion people could not afford a healthy diet in 202063 and it is
estimated that 1.1 billion urban residents lived in slums or slum-like conditions in 2020.64
When such a significant portion of the world’s population lives under such conditions, the
goal of realizing the right to development, or enjoying human rights generally, becomes
illusory.
58 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, para. 289.
59 Submission from the Asian Forum for Human Rights and Development; and joint submission from 71 civil society organizations.
60 See A/HRC/39/51.
61 The total number of refugees increased to 34.6 million at the end of 2022, the highest number ever recorded (The Sustainable Development Goals Report: Special Edition (United Nations publication,2023), p. 33).
62 Submission from Oxfam International.
63 Food and Agriculture Organization of the United Nations, International Fund for Agricultural Development, United Nations Children’s Fund, World Food Programme and World Health Organization, The State of Food Security and Nutrition in the World: Repurposing Food and Agricultural Policies to Make Healthy Diets More Affordable (Rome, Food and Agriculture Organization of the United Nations, 2022), p. xiv.
64 The Sustainable Development Goals Report, p. 34.
49. The COVID-19 pandemic has worsened some of these inequalities, as well as the
capacity of developing countries to address the situation. Many developing countries have
been confronted with a decline in trade, drastically shrunken fiscal space and an
unprecedented level of public debt, with 60 per cent of low-income countries being in debt
distress or at high risks of debt distress.65
F. Neocolonial and neoliberal order
50. The right to development is closely connected to past colonization, which directly
undermined the capabilities of many people in the global South to realize their right to
development. Despite this, many States that benefited directly from the exploitation of
people and resources during colonization continue to deny their duty to correct a historical
injustice: peoples and States that were victims of colonization deserve not only a sincere
public apology and reparation, but also financial and technological support as part of a duty
of cooperation and international solidarity.
51. Another continuing aspect of colonization has been that international financial
institutions do not allow developing countries fair representation in decision-making
processes and pursue policies that do not prioritize the development needs and interests of
such countries. As people have a right to participate in decision-making processes
concerning the right to development, the exclusion of developing countries from the power
architecture of international financial institutions is a major barrier to securing finance for
development on fair terms.
52. Equally worrying are the challenges posed to the right to development by the
neocolonial and neoliberal economic order under which land is grabbed by extractive and
agribusiness companies without meaningful consultation with the relevant people, the seed
sovereignty of farmers and peasants is violated by companies championing genetically
modified food, workers are treated as a replaceable commodity and knowingly exposed to
hazardous chemicals or inhumane working conditions, half of the newly generated wealth
in the past decade has been captured by the richest 1 per cent, women’s contribution to the
care economy is not recognized, the commodification of human rights is promoted,
consumers are encouraged to practice unsustainable consumption to enhance corporate
profits, money from tax evasion and illicit financial flow is stored safely in tax havens, the
total public debt of developing countries has risen to 60 per cent of their gross domestic
product, and the States most responsible for the current climate crisis are hesitating to
contribute to the loss and damage fund.
V. Strategies to overcome challenges
53. The Special Rapporteur believes that ongoing challenges in the full realization of the
right to development could be overcome by various actors adopting certain targeted
strategies (see table). There is also a role for the Special Rapporteur, the Expert Mechanism
on the Right to Development and the Working Group on the Right to Development in
overcoming each of the challenges.
Strategies to overcome challenges to the full realization of the right to development
A. Embrace a holistic vision of the right to development
54. It is important to address the confusions or concerns of some stakeholders about the
right to development. Doing so should help not only in correcting improper implementation
of the right in practice but also in bridging the ongoing polarization about the right within
various United Nations forums. Developing a common understanding about the right to
development is also critical to fully realize this right of all individuals and peoples because
it would require international cooperation and solidarity.
55. The Special Rapporteur believes that embracing a holistic understanding of the right
to development in line with its normative grounding under the Declaration on the Right to
Development is critical. With this in mind, in section II of the present report, a holistic
understanding of the right to development that States and other actors should adopt is
articulated.
56. In the political declaration adopted at the 2023 high-level political forum on
sustainable development, States reaffirmed such a holistic understanding of the right to
development. This understanding will also be central to the Secretary-General’s call for a
new economic and financial order and a new vision part of the Summit of the Future. The
same applies to the High Commissioner’s vision of moving towards a human rights
economy.
B. Leverage the role of multiple actors
57. To overcome capacity deficits in realizing the right to development, the roles of
multiple actors should be leveraged in a coordinated fashion. Apart from individuals, three
sets of actors have a key role: States, international organizations and non-State actors.
Figure II provides an illustrative list of actors under each category.
Figure II
Actors involved in the realization of the right to development
58. Strengthening the duty to cooperate and international solidarity will be necessary to
mobilize and make available necessary resources to developing countries and in turn realize
fully the right to development in all world regions. In that context, official development
assistance, inclusive trade policies for sustainable development and North-South, South-
South and triangular cooperation will be critical. In addition, international organizations,
development partners, businesses and other non-State actors can offer financial aid,
technical expertise and technologies to facilitate the realization of the right to development.
C. Build bridges and partnerships
59. States should rise above their political positions and see the value of realizing the
right to development of every human being because, in an interconnected world,
“poverty anywhere constitutes a danger to prosperity everywhere”.66 The same could be said about
conflicts and wars. Internal displacement, forced migration and a refugee crisis often
triggered by poverty and conflicts have an impact on all States, directly or indirectly. To
save globalization and create a common future, States should move beyond adopting a
myopic vision and avoid riding on waves of populism, nationalism and xenophobia.
60. The Special Rapporteur will try to build bridges between the global North and the
global South by trying to identify common entry points. Regional groups of States, United
Nations agencies and civil society organizations also have a key role in facilitating
dialogues to develop a shared understanding about the right to development. Partnerships –
including public-private partnerships – to implement the Sustainable Development Goals
could also assist in overcoming polarization among States.
D. Ensure peoples’ participation
61. Putting people at the centre of all decision-making processes related to the right to
development at the local, national, regional and international levels will go a long way in
addressing current concerns about lack of meaningful participation. States, public
development banks, businesses and other actors should respect the agency of people and
facilitate genuine participation from an early stage. They should share relevant and accurate66 Declaration concerning the aims and purposes of the International Labour Organization, part I (c).
information beforehand in an accessible way to ensure that participation is active and
informed. Further elements concerning participation are elaborated upon below.
E. Adopt an intersectional approach
62. Reducing inequalities within and among States requires adopting a multi-prong
approach involving equitable resource distribution, investing in education and skills
development, implementing social protection measures, combating discrimination,
supporting marginalized groups and fostering international cooperation for fair trade and
financial systems. However, considering that many inequalities are the result of multiple
layers of discrimination, States, United Nations agencies, public development banks,
development partners, businesses and other actors should adopt an intersectional approach
in development-related policies, programmes and projects.
F. Move towards a model of planet-centred participatory development
63. The current model of development is neither inclusive nor sustainable: it is focused
on cumulative economic development, does not ensure the participation of people and
ignores the planetary boundaries.
64. As the Secretary-General recently stated, “We cannot move incrementally. This is
not a time for tinkering. It is a time for transformation”.67 In line with this call for a
transformative vision for the future, the Special Rapporteur believes that the world needs a
new model of planet-centred participatory development. Putting the planet at the centre will
ensure that the entire planetary ecosystem, comprising people, biodiversity and the
environment, is protected and that the negative consequences of adopting an
anthropocentric approach are minimized. Human beings generally tend to ignore the
relevance of nature and the environment to their existence. Moreover, decision makers
often focus too much on the present, as if “the future is someone else’s problem”.68
65. The Special Rapporteur therefore believes that the trustees of the planet and future
generations should be involved in decision-making processes that have a bearing on their
interests. The right to development goes hand in hand with the right to a clean, healthy and
sustainable environment. The goal of leaving no one behind should include not merely
people but also plants and animals because, without these organisms, people cannot survive.
As the right to development is not a licence to destroy the planet or undermine the ability of
future generations to realize their legitimate development aspirations, brakes should be
applied to the idea of infinite economic growth and more focus should be placed on
ensuring the fair and equitable distribution of existing resources by respecting the planetary
boundaries.
66. Moreover, all development policies, programmes and projects should be developed
through the active, free and meaningful participation of people in an inclusive manner. For
now, the representative voices of children, youth, women, Indigenous Peoples, migrant
workers, refugees, persons with disabilities, marginalized groups, rural populations and
LGBTIQ+ persons are barely involved by decision makers. Selected people participate in a
top-down model of development decision-making and such participation is often used as a
tool to secure legitimacy for decisions already made. The results of such exclusionary
development processes are clear: deepening poverty, rising inequalities, growing
xenophobia and increasing societal polarization.
67. To remedy the situation, all decision makers – such as States, United Nations
agencies, international financial institutions, public development banks, businesses and
civil society organizations – should adopt an intersectional and bottom-up approach to
67 See https://www.un.org/sg/en/content/sg/speeches/2023-02-06/secretary-generals-briefing-the-general-assembly-priorities-for-2023.
68 Ibid.
participation. The agency of all individuals, peoples and communities should be recognized
to determine their development aspirations and priorities. Participation should take place at
early stages of decision-making. Moreover, wherever necessary and feasible, affirmative
measures should be taken to overcome financial or linguistic barriers to meaningful
participation.
68. Reform of the international financial and tax regime will also be needed to support a
model of planet-centred participatory development. Enhancing the participation of
developing countries in the governance of international financial institutions and building a
human rights-based international tax regime should be part of such systemic reform.
Developing countries will also need financial and technological resources, debt relief and a
fairer trade system to realize the right to development.
VI. Goals and thematic priorities
69. During his mandate, the Special Rapporteur aims to reinvigorate the right to
development by demonstrating to States, United Nations agencies and other actors the
practical relevance of the right to building an inclusive, equitable and sustainable common
future. He has set out three broad goals for his mandate. First, to promote a holistic
understanding of the right to development and dispel perceptions or practices that tend to
equate the right to development with economic development. Second, to mainstream the
right to development within the United Nations system and within governance processes at
the national and regional levels, and to connect the right with other relevant policy agendas
such as the Sustainable Development Goals, business and human rights, climate change,
migration and new technologies. Third, to make efforts to bridge the political divide
between the global North and the global South regarding the right to development,
including by facilitating dialogues and identifying common entry points.
70. To achieve these goals and overcome the challenges to the realization of the right to
development identified in the present report, the Special Rapporteur will focus on four sets
of thematic issues related to actors, beneficiaries, causes and disrupters. Among many
actors, the focus will be on the role of States, international financial institutions, public
development banks and businesses. Although all human beings and peoples are the
beneficiaries of the right to development, the Special Rapporteur will focus in particular on
the development aspirations and needs of certain vulnerable or marginalized groups, such
as children, youth, women, migrants, persons with disabilities and Indigenous Peoples, and
future generations. Among the many root causes of the non-realization of the right to
development, the focus will be on lack of participation, capacity deficits, conflicts,
inequalities, economic order and business models.
71. Finally, three potential disrupters to realizing the right to development – conflicts,
climate change and new technologies – will be explored. Figure III showcases illustrative
examples for these four thematic groupings.
Grouping of thematic priorities
72. These four thematic groupings will be the focus of the Special Rapporteur’s reports
as well as other work, such as policy briefs and amicus curie submissions. The issues will
also guide his engagements during country visits and in sending communications to States
and other actors. A brief elaboration of the four sets of thematic issues is provided below.
A. Actors
73. As noted above, the role of multiple actors should be leveraged in realizing fully the
right to development of all human beings and peoples. Individual States have tripartite
duties regarding the right to development. States must accelerate their individual and joint
efforts to implement the 2030 Agenda and keep the right to development at the centre of the
Summit of the Future. They should also reform regimes governing trade and investment
agreements, as well as special economic zones and export processing zones, which are
prominent vehicles for achieving development. In addition to continuing to provide official
development assistance, States should act collectively as part of a duty to cooperate and
build international solidarity. Contributing to the loss and damage fund is a case in point.
The Special Rapporteur will examine what more States should do, both individually and
collectively, to realize the right to development by exploiting various entry points for action.
74. Apart from States, international financial institutions, public development banks and
businesses are indispensable to realizing the right to development. In his first thematic
report to the General Assembly, the Special Rapporteur dealt with the role of business in
realizing the right to development.69 In the report, he highlighted what businesses need to
do to contribute to inclusive, equitable and sustainable development. He also made a call
for a fundamental shift in how businesses operate in society by reorienting the purpose of
business, changing irresponsible business models and going beyond the “do no harm”
approach. In a future report, the Special Rapporteur will focus on the role of public
development banks in assisting States in realizing the right to development, including
supporting a just transition to a green economy. He also intends to engage the International
Monetary Fund and the World Bank with a view to bringing a structural shift in their
policies, governance and orientation to contribute more fully to the realization of the right
to development.
69 A/78/160.
B. Beneficiaries
75. All human beings and peoples are the beneficiaries of the right to development.
However, some of these beneficiaries – those who have been marginalized, made
vulnerable or ignored – face additional challenges in realizing the right to development.
Although it might not be possible for the Special Rapporteur to focus on all such
beneficiaries in detail, he envisages focusing in particular on the experiences, perspectives
and needs of children, youth, women, migrants, persons with disabilities, Indigenous
Peoples and future generations. Efforts will be made to involve representatives of such
beneficiaries in consultations.
76. What the right to development means for children, adolescents, youth and future
generations and how decision makers should engage these beneficiaries of development
will be the focus of a future report. Moreover, the Special Rapporteur will integrate an
intersectional gender perspective in a cross-cutting manner throughout his mandate to deal
with discrimination faced by individual or groups on grounds of sex, sexual orientation or
gender identity and in turn promote substantive gender equality. Developing guidance and
compiling good practices regarding the inclusion of persons with disabilities in
development policies, programmes and projects will be another priority.
77. Migrants have been a cornerstone of development since the dawn of time.70 Migrant
workers contribute to development in countries of both origin and destination. However,
existing recruitment and visa processes, coupled with vulnerabilities related to poverty,
discrimination, conflicts and climate change, make many migrants workers an easy target
for exploitation. Moreover, migration for many workers is not connected to pathways to
immigration, again creating a trap for abuse and inadequate sociocultural integration in
destination countries. The Special Rapporteur envisages exploring the nexus between
humane migration and the right to development, in line with international standards,
including the Global Compact for Safe, Orderly and Regular Migration.
78. Indigenous Peoples often bear the brunt of the current model of development, which
does not respect their right to determine development priorities and strategies. Their land
and resources are taken away for development projects without their free, prior and
informed consent. Indigenous Peoples are also vulnerable owing to the push for renewable
energy projects. Therefore, the Special Rapporteur aims to focus on the development
aspirations of Indigenous Peoples, in line with relevant international standards.
C. Causes
79. There are many root causes behind the non-realization of the right to development.
Lack of meaningful participation of people in decision-making processes, capacity deficits
related to finance and technology, various inequalities, the current neocolonial and
neoliberal economic order and irresponsible business models are just some. The Special
Rapporteur aims to grapple with some of these root causes in different forms.
80. States, United Nations agencies, development finance banks, businesses,
foundations and other actors should ensure the active, free and meaningful participation of
all people, especially those made vulnerable or marginalized, in decision-making processes
concerning the right to development. However, in reality, such participation is often neither
inclusive nor meaningful – the shrinking civic space means that active and free
participation is hardly feasible. The non-participation of the beneficiaries of development
means that development projects are leaving too many people behind and damaging the
ecosystem. The Special Rapporteur aims to develop guidance for States and other actors in
ensuring meaningful participation in line with the Declaration on the Right to Development
and other relevant standards.
81. States, especially in the global South, face significant capacity deficits – some of
which are linked to past colonization and the continuing neocolonial order – in realizing the
70 Submission from the International Organization for Migration.
right to development. While some of these deficits relate to access to finance and
technologies, others relate to good governance issues such as transparency, corruption, the
rule of law, judicial independence, free media and accountability. International cooperation
and solidarity will be critical to fill these capacity gaps.
82. Multiple inequalities are another root cause that should be addressed if the goal of
leaving no one behind is to be achieved. The Special Rapporteur will not only integrate an
intersectional perspective throughout his mandate but will also develop guidance for States
and other actors on overcoming patriarchal norms, economic exclusions and intersectional
forms of discrimination.
83. It is becoming increasingly clear that the current economic order and business
models are not fit for the purpose of achieving inclusive, equitable and sustainable
development. A fundamental shift is needed. In the present report, the Special Rapporteur
has shared his initial thinking about the need to move towards a model of planet-centred
participatory development at all levels. Further guidance on how to operationalize this
model will be developed in partnership with relevant stakeholders.
D. Disrupters
84. The quest to fully realize the right to development may be disrupted by, among
others, conflicts, climate change and new technologies. The Special Rapporteur aims to
focus on these three potential disrupters in his reports, guidance briefs, country visits,
communications, court submissions and speaking engagements.
85. Conflicts disrupt peace, thus directly affecting pathways to development through
loss of lives, destruction of property and infrastructure, gender-based violence, forced
displacement, weakening of governance institutions and political instability.71 What States
should do to address underlying causes of conflicts, what preventive role neighbouring
States could play in solidifying peace, how States can be encouraged to divert resources
from militarization and weaponization to development and how businesses could contribute
to peacebuilding and transitional justice are some of the issues that deserve further attention
in the context of the right to development.
86. Climate change will pose another major challenge to States, in particular developing
countries and small island developing States, in realizing the right to development in years
to come.72 It will be critical to ensure that the transition to a low-carbon economy is
responsible, just, equitable and gender responsive. Developed countries, United Nations
agencies, development partners, public development banks and businesses will be key to
achieving this goal.
87. Realizing economic, social, cultural and political development requires access to
affordable and safe technologies in different sectors – from agriculture to manufacturing,
transport, infrastructure, banking, trade, education, housing, health, energy and the
environment. Technologies will also be integral to mitigating greenhouse gas emissions,
climate change adaptation and the transition to a low-carbon economy. The enabling role of
technologies can be contrasted with the disruptive role of new technologies such as
automation, robotization, artificial intelligence and the Internet of Things. For example,
automation may result in loss of jobs, whereas artificial intelligence may perpetuate
existing discrimination. New technologies also bring adaptability challenges or additional
risks for vulnerable groups such as children, elderly people and persons with disabilities.
There are challenges concerning the digital divide, as well as data privacy and surveillance.
Moreover, as seen during the COVID-19 pandemic, intellectual property rights often pose a
significant barrier to technology transfer to developing countries. The Special Rapporteur
will focus on minimizing the disruptive aspects of new technologies, including through
ensuring human rights-compatible development, transfer, marketing and usage of
technologies.
71 Addis Ababa Action Agenda, para. 8. See also submission from Italy.
72 See A/76/154 and A/HRC/48/56.
VII. Methods of work
88. The Special Rapporteur will be guided by the following methods of work:
(a) Submitting to the Human Rights Council and the General Assembly annual
thematic reports on key issues related to the right to development;
(b) Conducting dialogues with States to understand challenges and good
practices in implementing the right to development, as well as to convey any concerns
raised by civil society organizations;
(c) Adopting a consultative and evidence-based approach to engage all
stakeholders in an inclusive and transparent manner, including during country visits;
(d) Conducting face-to-face or in-person consultations with stakeholders
(including children, adolescents and youth) in all world regions to receive input for annual
thematic reports and to inform other mandated activities;
(e) Raising awareness of the right to development among various stakeholders,
building the capacity of grass-roots movements and civil society organizations and
promoting the integration of the right to development in curricula in schools and
universities;
(f) Participating in relevant events at the national, regional and international
levels to mainstream the right to development and link it with other policy agendas such as
the Sustainable Development Goals, business and human rights, climate change, migration
and new technologies;
(g) Taking the lead on communications sent to States and other actors on the
basis of allegations of breaches of the right to development shared by individuals and
communities with the Special Rapporteur;
(h) Forging partnerships with States, United Nations agencies, national human
rights institutions, development agencies, public development banks, businesses, industry
associations, trade unions, civil society organizations, research centres, academia and the
media to co-design solutions and implement practical recommendations made by the
Special Rapporteur;
(i) Collaborating with relevant special procedure mandate holders and regional
human rights bodies to promote the effective implementation of the right to development;
(j) Showcasing good practices of States, public development banks and
businesses in contributing to the realization of the right to development;
(k) Integrating an intersectional approach, as the different experiences and
aspirations of children, women, LGBTIQ+ people, migrant workers, ethnic, religious or
racial minorities, marginalized groups, elderly people, persons with disabilities and
Indigenous Peoples have a direct bearing on how the right to development should be
operationalized at all levels.
VIII. Conclusions and recommendations
A. Conclusions
89. The right to development is a human right relevant for everyone, everywhere. By
providing a pathway to holistic development (economic, social, cultural and political)
through a participatory process, it is a route to realize all other human rights and
fundamental freedoms and preserve intergenerational equity. It is also central to the 2030
Agenda, the Addis Ababa Action Agenda, the Sendai Framework for Disaster Risk
Reduction and the Paris Agreement. Moreover, the right to development underpins the idea
of a human rights economy, the Summit of the Future and the calls to address structural
issues in the current economic order that systemically disempower developing countries
from realizing the human rights of their people.
90. Nevertheless, the transformative potential of the right to development remains
unfulfilled owing to several challenges – ranging from conceptual confusions to
polarization, capacity deficits, non-participation of people, inequalities and the current
neocolonial and neoliberal economic order. In the present report, the Special Rapporteur
has outlined strategies to overcome these challenges. There is a need to embrace a holistic
vision of the right to development, leverage the role of multiple actors to strengthen
capacity, build bridges to overcome polarization, ensure the meaningful participation of
people and integrate an intersectional perspective to overcome discrimination. The world
also needs a new model of planet-centred participatory development. Only then will it be
possible to build an inclusive, equitable and sustainable common future for all.
91. The present report contains an outline of the Special Rapporteur’s thematic
priorities – grouped around actors, beneficiaries, causes and disrupters – and his methods of
work to achieve three primary goals: (a) promote a holistic understanding of the right to
development; (b) mainstream the right to development into governance processes at all
levels; and (c) bridge the political divide between the global North and the global South
regarding the right to development.
B. Recommendations
92. The Special Rapporteur recommends that States:
(a) Adopt a holistic and gender-responsive approach to the right to
development and abandon the “economic development first, human rights later”
mindset;
(b) Accelerate the implementation of the Sustainable Development Goals as
part of the 2030 Agenda and keep the right to development central to operationalize
the idea of a human rights economy as well as the Summit of the Future;
(c) Build bridges and partnerships to overcome avoidable polarization
around the right to development and engage in good faith in the process to adopt a
covenant on the right to development;
(d) Respect planetary boundaries and intergenerational equity in
implementing the right to development;
(e) Ensure the active, free and meaningful participation of all people, in
particular vulnerable and marginalized individuals and groups, in all development-
related policies, programmes and projects;
(f) Preserve civic space, embrace good governance principles and integrate
an intersectional approach to overcome all forms of discrimination;
(g) Take decisive steps to address systemic problems with the current
economic order to facilitate a fair distribution of benefits and move towards a model
of planet-centred participatory development.
93. The Special Rapporteur recommends that international financial institutions
reform their governance structure to provide developing countries with an equal say
in decision-making, scale up efforts to achieve the 2030 Agenda and the Addis Ababa
Action Agenda and enhance peoples’ participation in decision-making processes.
94. The Special Rapporteur also recommends that public development banks
provide more human rights-compatible financing for sustainable development, take
steps to promote gender equality, ensure the active, free and meaningful participation
of all people and civil society organizations in decision-making processes, and
establish effective grievance mechanisms to address adverse human rights impacts.
They should also support developing countries in achieving a just transition to a green
economy.
95. The Special Rapporteur further recommends that businesses respect all human
rights (including the right to development), contribute to the achievement of the
Sustainable Development Goals, take ambitious climate change mitigation and
adaptation measures, refrain from tax evasion and abandon irresponsible business
models. They should also adopt an intersectional approach to overcome
discrimination and ensure the active, free and meaningful participation of people in
all development projects.
96. The Special Rapporteur recommends that civil society organizations facilitate
the meaningful participation of people by States, public development banks and
businesses in all development policies, programmes and projects. They should also
continue to advocate for systemic reform of the current economic order and business
models.
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