The Fifth Session of the EMRTD Concluding remarks by Mr. Koen De Feyter, Chair

Excellencies,
Distinguished delegates,
Colleagues and friends,

In concluding its fifth session, the Expert Mechanism appreciates the rich discussions undertaken with Member States, civil society, Special Procedures mandate holders and academics. The Expert Mechanism thanks all participants for their engagement and welcomes the questions, answers, and suggestions which will help formulate the conclusions, outcome and recommendations of its annual report. The annual report will give account of this fifth session together with the fourth session held in Geneva in November 2021. The report will be submitted to the Human Rights Council in September 2022.

At this session, the Expert Mechanism was represented by four members only. Following the resignation of Mr. Armando De Negri Filho, the members look forward to the Human Rights Council’s appointment of the new expert from the Latin American and the Caribbean region in June this year and bring attention to the call for applications that will remain open until 6 April 2022. They reiterate their sincere appreciation to Mr. De Negri Filho for his work and commitment with both, the Expert Mechanism and the right to development, and hope to hold their 6th session in Geneva with a full five-expert membership.

The Expert Mechanism welcomes the support of Member States participating in the session as well as the different remarks highlighting the right to development as a fundamental and inalienable human right. It notes the urgent call for operationalizing the right to development including through international cooperation as an expression of international solidarity, which is indispensable in the context of the response to and recovery from the COVID-19 pandemic. The Expert Mechanism also notes the adverse impacts of Unilateral Coercive Measures on the right to development and will continue to pay special attention to the issue, within the scope of the mandate granted to it by the Human Rights Council.

The Expert Mechanism discussed the first draft of the Commentary on article 1 (1) of the Declaration on the Right to Development (A/HRC/EMRTD/5/CRP.1), presented by Mr. Koen De Feyter. It will further elaborate the Commentary to include a deeper analysis of the different components of article 1 (1), as well as practical examples for it to provide guidance to both States and civil society in operationalizing the right to development. The draft Commentary will be amended to reflect these suggestions. To enrich the Commentary and to ensure the right to participate, the Expert Mechanism decides to make the revised draft of the Commentary available on the relevant website and issue a call for written comments and contributions. The Commentary will be finalized this year.

The Expert Mechanism appreciates the participation of non-governmental organizations during the in-focused discussion on peace and security and the right to development, and it hopes for greater engagement by civil society actors in future formal sessions and other dialogues. The Expert Mechanism reiterates the important role of civil society to contextualize the right to development, broaden engagement, advocate for the operationalization of the right to development and for its use as a tool of human rights advocacy, and to adopt a legally binding instrument. The Expert Mechanism plans to continue the practice of organizing a session dedicated to meeting with non-governmental organisations in its upcoming formal sessions and welcomes suggestions for deepened engagement with civil society.

The four members of the Expert Mechanisms represented at this session highly value the engagement of the Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights, Ms. Alena Douhan, the Independent Expert on human rights and international solidarity Mr. Obiora C. Okafor, and the Special Rapporteur on extreme poverty and human rights, Mr. Olivier De Schutter during the discussion on the duty to cooperate. They appreciate their important inputs and suggestions regarding the operationalization of the duty to cooperate, a core element in international law including in the right to development. The Expert Mechanism acknowledges the challenges of finding solutions anchored in the principles of international law while taking into account their unavoidable political dimensions. It notes, among others, the need for enhanced assessments of legality and expected humanitarian impacts before sanctions are imposed.

The four members of the Expert Mechanism represented at this session equally value the engagement of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Ms. Tlaleng Mofokeng. They appreciate the intertwined issues between the right to health and the right to development such as vaccine nationalism, current discussions around a pandemic treaty, as well as international debates on the issue of participation of grass-root organizations and communities on the ground. The Expert Mechanism expects to continue the practice of coordinating with mandate holders and experts at its upcoming formal sessions and by other venues of cooperation.

The Expert Mechanism thanks Mr. Bonny Ibhawoh for presenting the progress update on the study on “Inequalities and the right to development”. It appreciates the foundational research and consultations conducted by former member and rapporteur of the study Mr. Armando De Negri Filho and will conduct further consultations with Member States, international organizations, and civil society prior to the finalization of the study.

The Expert Mechanism commends the overview of the ongoing study on the theme of “Right to development in international investment law” (A/HRC/EMRTD/5/CRP.2), presented by Ms. Klentiana Mahmutaj, the rapporteur of the study. It thanks all stakeholders who have provided inputs to the preparation of the study and notes the suggestions to incorporate existing databases on international investment as well as specific case studies that had been compiled over the years by international non-governmental organizations. The Expert Mechanism looks forward to the final draft of the study.

The Expert Mechanism finds this session to have been productive and looks forward to continuing engagement with Member States, United Nations entities, Intergovernmental organizations; Regional organizations and mechanisms in the field of human rights; National human rights institutions and other relevant national bodies; Academics and experts on development issues; and Non-governmental organizations. The Expert Mechanism will hold its 6th session in Geneva from 31 October to 2 November 2022.

Thank you