A/HRC/32/43
perceived as possibly leading towards the fulfilment of other human rights. The example
was given of the inclusion of the right to food as a human right in the Constitution of Brazil
in 2010 as a significant step towards the broader realization in the country of other rights as
well. Brazil had put solidarity at the centre of its diplomatic practice through horizontal
cooperation partnerships. The importance of decentralization was also stressed, with an
emphasis placed on how non-state actors at the local level could more actively promote
international solidarity as a tool for the exercise and fulfilment of human rights.
Furthermore, humanitarian cooperation was identified as a better means than aid or
assistance for undertaking collective action and building equal partnerships.
B.
Comments and recommendations of a general nature on the proposed
draft declaration
30.
Highlights of the major issues, comments and suggestions of a general nature are
summarized in the following paragraphs:
(a)
A suggestion was made that the draft text should explicitly state at the outset
that the purpose of international solidarity was to ensure the protection of human rights.
That would establish the road map for the declaration and its content. The proposed draft
declaration should be seen as seeking to transform the world instead of being perceived as
seeking to “preserve the order”, as the text currently states. The Independent Expert should
recall the two elements that constitute international law in the Charter of the United
Nations, namely its codification and progressive development, so that she could clearly
articulate that the right to international solidarity was founded on the progressive
development of law and was codified in international human rights treaties;
(b)
Furthermore, it was proposed that the Independent Expert consider making a
strategic decision on whether to follow a minimalist position in developing the text in order
to have a “consensual common denominator”, or strive for a more comprehensive text, in
which case there might be a risk of losing broader consensus;
(c)
The need for more conceptual clarity in the document was pointed out several
times, since it was observed that the text was occasionally inconsistent and contradictory. In
that regard, many participants expressed the view that the obligation of States and non-state
actors would require further review for precision. The Independent Expert was once more
advised to also refer to regional charters in the preamble, noting that several regional
organizations, including the Organization of American States and the African Union, had
incorporated the principle of international solidarity into their founding documents;
(d)
Moreover, the preamble should indicate international instruments that
addressed environmental rights and that made reference to international cooperation and
solidarity, like the Rio Declaration on Environment and Development. Similarly, it was
noted that the reference in the preamble and throughout the text should be to the broader
aspects of climate change and not limited to global reduction of greenhouse gas emissions;
(e)
In relation to structure and approach, it was recommended that the preamble
be shortened, as it accounted for one fourth of the current text of the proposed draft
declaration. In that regard, some elements of the preamble could be restated as operational
paragraphs and dealt with more directly and be more action-oriented. The proposed draft
declaration should be more concise in its wording and messages;
(f)
It was suggested that references to both hard and soft international law, as
well as to other sources of law, be included, such as the jurisprudence developed by the
Committee on Economic, Social and Cultural Rights, which had contributed to the
development of human rights. The jurisprudence of the Inter-American Court of Human
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