United Nations mechanisms addressing the right to development

Dates active

Mechanism

Mandate

Background, reports and other materials

2020-present

The Expert Mechanism on the Right to Development

To provide the Human Rights Council with thematic expertise on the right to development in searching for, identifying and sharing best practices with Member States and to promote the implementation of the right to development worldwide. Composed of 5 experts.

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2020-present

Human Rights Council biennial panel on the right to development

To provide the Human Rights Council with an opportunity for panel discussion on the right to development. The first panel took place in September 2020. It focused on strengthening international cooperation and solidarity in the fight against the COVID-19 pandemic.

The report is forthcoming for consideration by the HRC in September 2021.

See story: COVID-19 and the right to development: a call for international solidarity

2017-present

The Special Rapporteur on the right to development

To contribute to the promotion, protection and fulfilment of the right to development in the context of the 2030 Agenda for Sustainable Development and other internationally agreed outcomes of 2015.
To engage and support efforts to mainstream the right to development among various UN bodies, development agencies, international development, financial and trade institutions, and to submit proposals aimed at strengthening the revitalized global partnership for sustainable development.
To contribute to the work of the Working Group and support any specific study requested by the Human Rights Council in accordance with its mandate.
To submit an annual report to the Human Rights Council and to the General Assembly.

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1998-present

Open-ended Intergovernmental Working Group on the Right to Development

To monitor and review progress in the promotion and implementation of the right to development, at the national and international levels, focusing each year on specific commitments in the Declaration.
To review reports and any other information submitted by States, UN agencies, other relevant international organizations on the relationship between their activities and the right to development.
To present the Human Rights Council with a sessional report, including advice to OHCHR with regard to the implementation of the right to development and suggesting possible programmes of technical assistance, at the request of interested countries, with the aim of promoting the implementation of the right to development (CHR res. 1998/72).
To complete the tasks entrusted by the Council in its resolution 4/4 (HRC res. 9/3 of 24 September 2008).

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Highlights:
Compilation of the conclusions and recommendations of the Open-Ended Working Group on the Right to Development (1998-2012) (A/HRC/WG.2/14/CRP.1)

1993-present

High Commissioner for Human Rights and OHCHR

The General Assembly established the post of the High Commissioner for Human Rights in order, inter alia, to promote and protect the realization of the right to development and to enhance support from relevant bodies of the United Nations system for this purpose (para. 4 (c), GA res. 48/141 of 7 January 1994).
Subsequently, the General Assembly asked the High Commissioner to mainstream the right to development and undertake activities aimed at strengthening the global partnership for development among Member States, development agencies and the international development, financial and trade institutions” (see annual GA resolutions on the right to development);
The Human Rights Council asked the High Commissioner to ensure inter-agency coordination within the United Nations system with regard to the promotion and realization of the right to development” (res. 19/34 of 18 April 2012).

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Highlights:
Towards freedom from fear and want: Human rights in the post- 2015 agenda Thematic Think Piece by OHCHR

The importance and application of the principle of equity at both the national and international levels, HC's report (E/CN.4/2003/25)

1979-present

The Secretary-General

The Secretary-General submits an annual report on the right to development to the General Assembly and the Human Rights Council. The Secretary-General’s annual report is consolidated into the annual Secretary-General and High Commissioner’s report on the right to development.

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Highlights:
The international dimensions of the right to development as a human right (E/CN.4/1334),
The regional and national dimensions of the right to development as a human rights (E/CN.4/1421 and 1488)
Popular participation (E/CN.4/1985/10)
Problems related to the right to enjoy an adequate standard of living: the right to development, S-G's report (E.CN.4/1988/9)
The right to development, 2011 S-G report (contains the conclusions and recommendations of the WG on the RTD clustered by thematic issues) (A/66/216)

Dates active

Mechanism

Mandate

Background, reports and other materials

2004-2010

High-level task force on the implementation of the right to development

A group of 5 experts, established at the recommendation and within the framework of the intergovernmental Working Group on the Right to Development, in order to assist it in fulfilling its mandate.
The task force initially examined:

• the obstacles and challenges to the implementation of the MDGs in relation to the right to development;
• social impact assessments in the areas of trade and development at the national and international levels;
• best practices in the implementation of the right to development.

Thereafter, the task force examined MDG 8, on a global partnership for development, which led to development of criteria for evaluation of global partnerships with the aim to improve their effectiveness in support of the realisation of the right to development.
The Working Group decided in 2009 to expand the scope of the criteria and requested the task force to “address the essential features of the right to development… including priority concerns of the international community beyond those enumerated in MDG 8”.

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1998-2003

The Independent Expert of the Commission on Human Rights on the right to development, Dr. Arjun Sengupta

Established in 1998 as part of a follow-up mechanism to the United Nations Declaration on the Right to Development with a mandate to present to the intergovernmental Working Group on the Right to Development at each of its sessions a study on the current state of progress in the implementation of the right to development as a basis for a focused discussion (CHR res. 1998/72)
The mandate was replaced in 2004 by the high-level task force on the right to development.

1st report - study on the current state of progress in the implementation of the right to development (E/CN.4/1999/WG.18/2)
2nd report (A/55/306)
3rd report (E/CN.4/2001/WG.18/2)
4th report (E/CN.4/2002/WG.18/2)
Report on the mission to the OECD, the UK, the IMF, the World Bank, the USA and the Netherlands (E/CN.4/2002/WG.18/2/Add.1)
Frameworks for development cooperation and the right to development (E/CN.4/2002/WG.18/6)
Report on the mission to Sweden (E/CN.4/2002/WG.18/6/Add.1)
Preliminary study on the Right to Development on the impact of international economic and financial issues on the enjoyment of human rights (E/CN.4/2003/WG.18/2)
Review of progress and obstacles in the promotion, implementation, operationalization, and enjoyment of the right to development - Consideration of the sixth report of the independent expert on the right to development
- Implementing the right to development in the current global context (E/CN.4/2004/WG.18/2)
Country studies on the right to development - Argentina, Chile and Brazil (E/CN.4/2004/WG.18/3)

1996-1997

Intergovernmental Group of Experts on the Right to Development (10 experts)

This Group was set up to elaborate a strategy for the implementation and promotion of the right to development, as set forth in the Declaration on the Right to Development, in its integrated and multidimensional aspects; to explore ways and means for the promotion of international cooperation, dialogue and partnership for the realization of the right to development; and to give due consideration to the possibility of establishing a follow-up mechanism, or enhancing existing ones, to the Declaration on the Right to Development.

1st session (E/CN.4/1997/22)
2nd session (E/CN.4/1998/29) 

1993-1995

Open-ended Working Group of Governmental Experts on the Right to Development (15 experts)

To identify obstacles to the implementation and realization of the Declaration;
To recommend ways and means towards the realization of the right to development by all States (CHR res. 1993/22);
To formulate, for early consideration by the United Nations General Assembly, comprehensive and effective measures to eliminate the above-mentioned obstacles; and to suggest concrete measures to promote an international economic environment which is more responsive to the needs of the developing countries, particularly the least developed among them.

1st session (E/CN.4/1994/21)
2nd session (E/CN.4/1995/11)
3rd session (E/CN.4/1995/27)
4th session (E/CN.4/1996/10)
5th session (E/CN.4/1996/24)

1981-1989

Working Group of Governmental Experts on the Right to Development (15 experts)

To study the scope and content of the right to development and the most effective means to ensure the realization of economic, social and cultural rights, paying particular attention to the obstacles encountered by developing countries (res. 36 (XXXVII) of 11 March 1981);
To submit concrete proposals for implementation of the right to development and for a draft international instrument on this subject (res. 36 (XXXVII) of 11 March 1981);
To submit recommendations to the CHR on practical measures to implement the Declaration and specific proposals for future work (res. 1987/23).

1-3rd session (E/CN.4/1489)
4-5th session (E/CN.4/1983/11)
6-7th session (E/CN.4/1984/13)
8-9th session (E/CN.4/1985/11)
10th session (E/CN.4/1987/10)
11th session (E/CN.4/1988/10)
12th session (E/CN.4/1989/10)

Dates active

Mechanism

Mandate and activities related to the right to development

Background, reports and other materials

1981-present

General Assembly

The GA declared that the right to development is an inalienable human right (res. 36/133 of 14 December 1981). The GA considers and adopts a resolution on the right to development on an annual basis since 1987 to present.

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2006-present

Human Rights Council

The GA set up Human Rights Council in res. 60/251 and decided that “the work of the Council shall be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development”. The HRC considers and adopts a resolution on the right to development on an annual basis. The HRC has replaced the former Commission on Human Rights (see below).

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Since 2016

Human Rights Council Special Procedures

Special Procedures are responsible for several thematic issues which are directly and indirectly relevant to the right to development. Annually, Special Procedures issue a joint statement in support of the right to development
2016, 2017, 2018, 2019

View about Special Procedures

2008-present

Human Rights Council Advisory Committee

To function as a think-tank for the Council and work at its direction. The Advisory Committee has replaced the former Sub-Commission on the Promotion and Protection of Human Rights (see below).

A report of the Advisory Committee on the Importance of a legally binding instrument on the right to development

2011

UN Treaty bodies

On the occasion of the 25th anniversary of the UN Declaration on the Right to Development in 2011, the Chairpersons of the UN Treaty Bodies, the UN Committee on Economic, Social and Cultural Rights, and the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment made statements and views in support of the right to development.

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1979-2005

Commission on Human Rights

For the first time, the CHR recognised the right to development as a human right (res. 4 (XXXV)) of 2 March 1979.
The CHR considered and adopted a resolution on the right to development on an annual basis from 1985 to 2005. The CHR was replaced by the Human Rights Council (HRC) in 2006.

View about the Commission on Human Rights

1974-2005

Sub-Commission on Human Rights

Since 1974, the Sub-Commission developed and considered several studies and reports on various thematic issues relevant to the right to development (see OHCHR’s website, RTD documents archive).
The Commission on Human Rights requested the Sub-Commission to prepare a concept document establishing options for the implementation of the right to development and their feasibility, inter alia, an international legal standard of a binding nature, guidelines on the implementation of the right to development and principles for development partnerships… (CHR res. 2003/83).
In 2006, the Sub-Commission was replaced by the Advisory Committee. 

The Realization of Economic, Social and Cultural Rights: Problems, Policies, Progress, study prepared by Manouchehr Ganji E/CN.4/1108/Rev.1 – E/CN.4/1131/Rev.2 (not available)
The Right to Self-Determination: Historical and Current Development on the Basis of United Nations Instruments, study prepared by Aureliu Cristescu E/CN.4/Sub.2/404/Rev.1
The Right to Self-Determination: Implementation of United Nations Resolutions, study prepared by Héctor Gros Espiell E/CN.4/Sub.2/405/Rev.1

The New International Economic Order and the Promotion of Human Rights, study prepared by Raul Ferrero E/CN.4/Sub.2/1983/24/Rev.1
Final report on the question of the impunity of perpetrators of human rights violations (economic, social and cultural rights), prepared by El Hadji Guissé E/CN.4/Sub.2/1997/8
Final report on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, prepared by José Bengoa E/CN.4/Sub.2/1997/9
Addendum to the final report on the relationship between the enjoyment of human rights, in particular economic, social and cultural rights, and income distribution, prepared by José Bengoa E/CN.4/Sub.2/1998/8
The right to development: study on existing bilateral and multilateral programmes and policies for development partnership E/CN.4/Sub.2/2004/15
The legal nature of the right to development and enhancement of its binding nature, study prepared by Shadrack Gutto E/CN.4/Sub.2/2004/16
Mainstreaming the right to development into international trade law and policy at the World Trade Organization, report prepared by Robert Howse E/CN.4/Sub.2/2004/17
Study on Policies for development in a globalizing world: What can the human rights approach contribute?, prepared by Siddiq R. Osmani E/CN.4/Sub.2/2004/18
Towards a human rights approach to development:  concepts and implications, study prepared by Francisco Sagasti E/CN.4/Sub.2/2004/19
Working paper in relation to a concept document on the right to development, submitted by Florizelle O’Connor E/CN.4/Sub.2/2005/23