A/HRC/32/43
(j)
Additional reference to General Assembly resolution 2625 (XXV), on the
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations, as well as
a reference to the unitary system of international law and peremptory norms, without
having to name all of them specifically, would be beneficial. It was stressed that the
international legal system was aimed at the people who were served by States and that
therefore people and individuals should remain the rights holders and States the duty
bearers;
(k)
Finally, it was noted once again that there should be a more precise definition
of non-state actors. Civil society, including its responsibility with regard to promoting and
building international solidarity, should also be better reflected in the draft, and in the
operational paragraphs rather than in the preamble.
VII. Conclusions
44.
The Independent Expert on human rights and international solidarity has
summarized in the present report the proceedings of the five regional consultations on
the proposed draft declaration. She wishes to express her gratitude to all those who
participated in the consultations: the States who sent their representatives; the
independent experts of the United Nations treaty body system and Human Rights
Council special procedures mechanisms; representatives of the United Nations
entities, including the Office of the United Nations High Commissioner for Human
Rights; and the human rights experts from regional and national institutions,
academia and non-governmental organizations. The Independent Expert expresses
her gratitude for their cooperation, assistance and willingness to engage, and for the
invaluable contributions they have made to this project.
45.
The next step in the way forward in the work of the mandate of human rights
and international solidarity is to systematically organize the comments and
recommendations of a general nature on the concept, structure and substance of the
proposed draft declaration, and the specific inputs resulting from the review of
articles conducted in each of the five regional consultations. This consolidation is
under way, while at the same time the Independent Expert has been reflecting on each
comment and recommendation and giving consideration to the value it will add to
refining the proposed draft declaration.
46.
The Independent Expert will consult and seek advice on issues relating to which
there may be conflict of opinion and/or issues of a legal nature may be involved. She
will then make a first attempt to revise the proposed draft declaration, informed by
the outcomes of the five regional consultations, as appropriate. Subject to the
availability of resources, the Independent Expert would like to convene an expert
meeting to examine the first revision of the document, with a view to giving specific
recommendations for its finalization before submission of a final draft declaration by
the end of her term in June 2017, as requested by the Human Rights Council in its
resolution 26/6.
47.
The Independent Expert has noted a number of recurring issues that have
emerged from the regional consultations which have not been resolved, including the
qualification of “non-state actors” and the identification of rights holders and duty
bearers as having the right to international solidarity, and also the definition of the
right itself. The Independent Expert will give due consideration to all the recurring
issues and invite further inputs and suggestions in this regard. She will explore these
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