A/HRC/32/43
(h)
Although international solidarity was widely practised among States, it was
important to stress that States had the primary responsibility for the human rights of
individuals within their sovereign territory. Furthermore, doubts were expressed about
whether the principle of international solidarity could be translated into the language of
rights, since it was not perceived as meeting the requirement of a legal concept and that of a
human right as such. It was also stated that the concept of international solidarity remained
too vague. Concern was raised about whether such an attempt to formalize international
solidarity as a human right would create the risk that rhetoric might take the place of legal
content, therefore undermining the principle of international solidarity. It was suggested
that the Independent Expert take into consideration the fact that, at present, there was no
consensus within the Human Rights Council regarding the project of developing a draft
declaration on the right of peoples and individuals to international solidarity;
(i)
The text should be shortened and the preamble paragraphs reduced but
devoted to laying out the existing legal framework and the rationale for a right to
international solidarity. Definitions, including that of the principle of international
solidarity, should be in the operational part of the declaration. Furthermore, the operational
paragraphs should start by defining the right to international solidarity;
(j)
The current structure of the proposed draft declaration was deemed to have
too much resemblance to that of a convention, with the articles delineating rights and
obligations. Use of a more traditional format for declarations would be more beneficial to
the process. The text should be a clear statement, accompanied by a commentary, in the
typical format of a United Nations declaration. It was added that guidelines might be useful
to explain the practice of States and non-state actors in implementing international
solidarity;
(k)
The draft declaration should use more assertive and affirmative language,
with precise references to existing instruments that embody the principle of international
solidarity. The point was made that customary law that could be discerned based on the
practices of States should be consolidated into a formal legal framework in the draft text.
III. African region
17.
On 21 and 22 July 2015, the second consultation was convened by the Independent
Expert in Addis Ababa, a few days after the conclusion of the third International
Conference on Financing for Development, held in the same city from 13 to 16 July 2015.
There were 30 participants, including representatives of 10 African States, the African
Union Commission, the African Commission on Human and Peoples’ Rights, United
Nations entities, United Nations treaty bodies and civil society, including
non-governmental organizations and academia.
18.
The acting Regional Representative of OHCHR for East Africa delivered the
opening remarks, welcoming the initiative to hold the consultation in Addis Ababa, where
African cooperation and solidarity fell within the framework of the African Union. He
affirmed the relevance and timeliness of the consultation in the light of recent events,
including the Ebola crisis in West Africa. He added that international solidarity was closely
linked to the current discussion on the post-2015 development agenda, and most especially
to the issues discussed at the third International Conference on Financing for Development.
7
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