The 22nd Session of the Working Group on the Right to Development

Chair Rapporteur of the Working Group,
Distinguished representatives,
Excellencies,
Friends and colleagues,

It is my honour and privilege to address you on this occasion on behalf of the Expert Mechanism on the Right to Development in my capacity as current chair. As you may know, at the Expert Mechanism we established a rotational system to hold this position every six months and, since early November 2021, I am serving as chair, following the leadership of my fellow experts Mr. Bonny Ibhawoh and Ms. Klentiana Mahmutaj, respectively.

In May this year, Ms. Mahmutaj represented the Expert Mechanism at the 21st session of this Working Group and shared with delegates and other participants the elements that we consider essential in the legally binding instrument on the right to development that is to be agreed among Member States.

We deem that the instrument should reaffirm the Declaration on the Right to Development and further the codification of this human right as a legally binding one that is held by individuals and peoples in a way that entitles them to actively, freely and meaningfully participate both in decision-making on development and in the fair distribution of benefits therefrom.

All members of the Expert Mechanism agree that the legally binding instrument should elaborate on the three levels of State obligations and that the realization of the right to development must be compatible with all other human rights. We further consider essential that the text elaborates on the duty to cooperate that in our view applies among States and between States and other stakeholders, including intergovernmental organizations and economic actors.

We also consider that the legally binding instrument should foster the ability of grassroots organizations to use the right to development. The detailed text with the elements that the Expert Mechanism considers essential when discussing and agreeing on the legally binding instrument is available at our website for your further consideration.

Chair Rapporteur,

The right to development is relevant now more than ever. Just last month, while announcing the United Nations Common Agenda, the Secretary General unequivocally recognized the need for renewed solidarity between peoples and future generations and the necessity for a new social contract that is rooted in human rights. The Secretary General presented a vision of global cooperation through an inclusive, networked, and effective multilateralism.

The right to development is the framework that brings together these elements. Not only does the right to development reflect the values of the United Nations Charter, but it also holds solidarity and the duty to cooperate at its very heart. It encompasses the three pillars of the United Nations, namely peace and security, development, and human rights. Put it simply, the realization of the right to development is relevant and necessary for the respect, protection and fulfilment of all other human rights.

The Expert Mechanism encourages all States and stakeholders from all regions of the world to actively participate in the discussions of the legally binding instrument. States, civil society and grass-root organizations can bring their own practical experience into the deliberations and help in producing a final text that accurately reflects on and addresses those issues that have proven to each of them to be conducive for the realization of the right to development, and those that have not.

African States can take pride in bringing to the table their experiences in implementing Article 22 of the 1981 African Charter on Human and Peoples’ Rights, the existing legally binding instrument that includes the right to economic, social and cultural development, and the duty of States, individually or collectively, to ensure the exercise of the right to development. Likewise, African States are in an excellent position to bring elements from their respective implementations of Article 19 of the 2003 Maputo Protocol on the Rights of Women which provides significant detail on the entitlement of women to fully enjoy their right to sustainable development.

The African continent has much to contribute as well in terms of the way the African Commission and Court on Human and Peoples’ Rights have rendered the right to development justiciable for indigenous peoples and marginalized communities in Africa.  It is significant that in doing so they have interpreted the African Charter in the light of the UN Declaration on the Right to Development and have fully taken into account the impressive case law of the Inter-American Commission and Court on the rights of indigenous peoples and similarly situated communities.   

More generally, the practice of Latin American States in tackling issues of domestic and global inequality is certainly relevant to various parts of the draft Convention as are initiatives such as those encouraged by the UN Economic Commission for Latin America and the Caribbean on human rights based regional cooperation on migration issues or on discrimination against persons of African descent to name but only a few.

Arab States too have a wealth of experience to offer on the practical implementation of article 37 of the Arab Charter on Human Rights adopted by the Council of the League of Arab States in 2004. Article 37 describes the right to development as a fundamental human right and requires all States to create development policies and take the necessary measures to guarantee the right to development. The article also establishes that States must fulfil the values of solidarity and cooperation, both among them and at the international level, with a view to eliminating poverty and attaining economic, social, cultural and political development. Arab States and a wide range of stakeholders, including civil society, academia, business and others should also bring into the discussions their experiences in implementing “every citizen’s right to participate in the realization of development and to enjoy the benefits and fruits thereof” that is equally enshrined in Article 37.

The drafting process also stands to benefit from the Member States of ASEAN and their experience in breathing life into the interesting section in the ASEAN Human Rights Declaration on the right to development (articles 35-37).  States in other areas of Asia too may wish to share their rich constitutional practice in linking development and human rights.

Distinguished delegates,

The Expert Mechanism would like to encourage European States and other States that are committed to integrate human rights principles into their development activities with partner countries to share their experiences on international cooperation. The legally binding instrument could usefully build on these experiences, particularly when it considers State obligations pertaining to the right to development at the international level.  Similarly, the experiences of recipients of ODA, including the least developed countries are extremely valuable for the drafting process. Individuals and peoples in the least developed countries potentially stand much to gain from a legally binding instrument that includes the duty to cooperate, but for the convention on the right to development to adequately respond to their needs, it is crucial that their voices are heard loud and clear in the negotiation process.  

Last but not least, public interest civil society organisations, ranging from international human rights and development NGOs to grassroots social movements are invaluably placed to bring their own practice into the drafting process, as they are in direct touch with those most in need to  realize their right to development: from persons living in poverty to those in vulnerable or marginalized situations often without a voice to make their demands heard and taken into consideration into the greater international fora.

The Expert Mechanism hopes that discussions at this session of the Working Group will be fruitful and yield agreement on key provisions of the legally binding instrument. We convey our best wishes for productive discussions.

Thank you.