Background

At its fourth session held from 3 to 5 Nov 2021 in Geneva, the Expert Mechanism on the Right to Development (EMRTD) presented a proposal to drafting Commentaries on the various articles of the Declaration on the Right to Development, pursuant to the two overarching objectives that the EMRTD agreed upon at the beginning of its mandate. These are: to mainstream, reinvigorate and operationalize the right to development; and to enhance the ability of grass-roots organizations to use the right to development (A/HRC/45/29 , para 19). In resolution 45/6 , the Human Rights Council “Welcome[d] the first report of the Expert Mechanism on the Right to Development [A/HRC/45/29], and request[ed] the Expert Mechanism to implement the recommendations contained in its report.”

The Commentaries seek to clarify the content of the provisions of the Declaration and to suggest approaches to their implementation by all relevant stakeholders. They seek to provide an opportunity to promote an evolutionary interpretation of the Declaration that takes into account present day conditions, while identifying normative gaps that the future legally binding instrument should address.

At its fifth session (9 - 11 March 2022), held in New York, the EMRTD discussed with Member States and other stakeholders a first draft Commentary on article 1 (1) of the Declaration. The EMRTD third annual report (A/HRC/51/36), that was presented at the 51st session of the Human Rights Council in September 2022, gave account of the discussions on the Commentaries held both at the EMRTD fourth and fifth sessions (paras 35 – 39), held in Geneva and New York, respectively. In resolution 51/7 , the Human Rights Council “request[ed] the Expert Mechanism to continue to pay particular attention to the international dimension of the right to development, and how this aspect will make the practical implementation of the right to development effective at the international, regional and national levels, and look[ed] forward to the preparation of commentaries on the articles of the Declaration on the Right to Development by the Expert Mechanism” (para 18).

At the EMRTD sixth session (31 Oct - 2 Nov 2022) held in Geneva, the members of the EMRTD discussed with Member States and other stakeholders a second draft of the Commentary on article 1 (1) of the Declaration. Following requests from participants, the EMRTD issued a call for inputs with a deadline in December 2022. As announced in the 6th session’s concluding remarks , the EMRTD will adopt the Commentary on Article 1(1) of the Declaration on the Right to Development in an informal meeting to be held on 22 February 2022 and will present the Commentary it at the High-level meeting commemorating the thirty-fifth anniversary of the Declaration on the Right to Development on 1 March 2023.