A/HRC/39/18
development” but reducing such flows “should be seen as an important element in the fight
against unsustainable debt” (see A/HRC/31/61, paras. 4 and 35).
54.
The Convention on the Rights of the Child (art. 4) and the Convention on the Rights
of Persons with Disabilities (art. 32) also acknowledge the importance of international
cooperation for realizing economic, social and cultural rights. Interpreting the duty to
undertake international cooperation, the Committee on the Rights of the Child has urged
States to meet the United Nations target for development assistance of 0.7 per cent 39 of
gross domestic product, and stated that assistance should be rights-based.40
55.
The 0.7 target has been reiterated in Sustainable Development Goals target 17.2,
which further encourages providing at least 0.2 official development assistance to least
developed countries.41 Other Sustainable Development Goals targets also call for official
development assistance and financial flows to developing countries, 42 especially to
countries most in need, in particular, least developed countries, African countries, small
island developing States and landlocked developing States (target 10.b). Official
development assistance should not be accompanied by constraints that affect the ownership
of policy space by the recipient State to establish development priorities and address
poverty (target 17.15 and indicator 17.15.1), 43 and should be predictable, effective and
transparent.44
56.
Remittances by migrant workers are another source of financial flow that transfers
wealth from more developed countries to less developed ones, promoting the right to
development in the latter and contributing to address inequality among countries. The right
to make such transfers is recognized by the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (arts. 32 and 47). The
Committee on the Protection of the Rights of All Migrant Workers and Members of Their
Families has recommended that States “take measures to reduce the cost of sending and
receiving funds, taking into account the principle of gender equality, in line with
Sustainable Development Goals target 10.c, and facilitate access to safe and affordable
remittance transfer systems, the productive use of remittances and their low cost
transmission to rural regions”.45 States should hence cooperate to address obstacles to these
remittances.
57.
States’ duty to cooperate for ensuring development and for removing obstacles from
development is closely related to principles and obligations in other fields of international
law. International trade law and international investment law include the principle of
special and differentiated treatment, 46 which aims at granting more favourable treatment
and conditions to developing and least developed countries so that they may benefit from
and develop through trade and investment. 47 Sustainable Development Goal 10 has as one
39
40
41
42
43
44
45
46
47
12
General comment No. 5 (2003) on general measures of implementation of the Convention, para. 61,
with reference to A/CONF.198/11.
Ibid.
In line with the Addis Ababa Action Agenda, para. 51. See also indicator 17.2.1.
Targets 1.a., 2.a, 3.b, 4.b, 6.a., 7.b, 8.a, 9.a, 10.b, 12.a, 13.b, 15.a and b, 17.3 and 17.7. See also
indicators 1.a.3, 2.a.2, 3.b.2, 4.b.1, 6.a.1, 7.b.1, 8.a.1, 9.a.1, 10.b.1, 12.a.1, 13.b.1, 15.a.1 and b.1,
17.3.1 and 17.7.1.
See also A/70/274, para. 19.
Busan Partnership for Effective Development Cooperation, outcome document of the Fourth Highlevel Forum on Aid Effectiveness held in Busan, Republic of Korea, from 29 November to 1
December 2011. See also “The international dimensions of the right to development: a fresh start
towards improving accountability”, paras. 79–93.
CMW/C/IDN/CO/1, para. 45; CMW/C/BGD/CO/1, para. 46. See also CMW/C/LKA/CO/2, para. 47.
See also indicators 10.c.1 and 17.3.2.
See decision of the Contracting Parties of the General Agreement on Tariffs and Trade, decision on
differential and more favourable treatment, reciprocity and fuller participation of developing
countries, 28 November 1979, L/4903. The principle is closely related to the principle of preferential
and non-reciprocal treatment, see Declaration on the Establishment of a New International Economic
Order, art. 4 (n).
See World Trade Organization, “Special and differential treatment provisions in WTO agreements
and decisions”, WT/COMTD/W/196.
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