A/HRC/42/35
essential to reducing gender inequality and inequalities within and among countries and to
achieving the Sustainable Development Goals.
72.
Mr. Özden considered why the right to development was crucial for the
empowerment of people and their participation in decision-making on development policies.
Neo-liberal politics implemented throughout the world as the sole economic model
considered that the market was the voice of democracy and human rights. However, neoliberalism had shown numerous failures and had disrupted labour markets and public
services, overexploited natural resources and contributed to the retreat of democracy in
much of the world. Emphasis should be put not on the Sustainable Development Goals but
on the substance of the right to development. To implement the Declaration on the Right to
Development, States and the entirety of their populations should participate in development.
Such implementation required international cooperation. It also required respect for the
principle of self-determination and policy space. Therefore, the first measure States should
take to implement the right was to radically change trade and investment norms that
restricted policy space.
73.
In the ensuing discussion, delegates representing Ethiopia, the European Union, the
Gambia, India and the Syrian Arab Republic took the floor, followed by representatives
from civil society organizations the International Human Rights Association of American
Minorities, the Nigeria-Togo Association and Vie et Santé du Centre. Speakers underscored
the importance of participation, including that of indigenous peoples and women, in
development and in the negotiations. While one delegation shared successful experiences of
international cooperation in implementing the 2030 Agenda, others questioned whether,
given the growing inequality, there was real political commitment to cooperate and provide
development aid, including in the case of international organizations. One delegation
argued that lack of development could not be used to claim violations of human rights,
while another questioned whether lack of resources could justify failure to achieve gender
equality outcomes. One organization questioned whether the 2030 Agenda could be
achieved given the unsustainable foreign debts and the “pillage” of natural resources from
Africa. Speakers emphasized the importance of promoting equitable trade, and one
questioned whether promoting e-trade could also undermine small and medium-sized
enterprises with no capacity to compete with the tech giants. Other delegations stressed the
importance of defining the responsibilities of the international community as referred to in
the Declaration on the Right to Development and asked what form of international
cooperation was expected or needed to ensure the realization of the right to development
and the elimination of impediments to its realization in accordance with the Declaration.
74.
In concluding the session, panellists noted that conditionalities on official
development aid, structural adjustments and unpayable foreign debts affected countries’
policy space to realize the right to development. Governments could not invoke the lack of
development as an excuse for failing to adopt low or no cost measures to promote human
rights and gender equality. Informed by the Charter of the United Nations and human rights
instruments, the international community should cooperate in solidarity through the
exchange of good practices and the building of capacity. When addressing inequalities,
prioritization should be given to partnership with people over the private sector. E-trade and
the gig economy presented risks to labour and privacy but were irreversible and could be
channelled to empower the marginalized.
E.
Discussion on the elaboration of a draft legally binding instrument
75.
The Working Group held a discussion on the elaboration of a draft legally binding
instrument on the right to development through a collaborative process of engagement,
including discussions on the content and scope of the future instrument. The discussion was
arranged under sub-items preceded by expert presentations.
76.
At the first meeting under that agenda item, the preamble, final provisions, working
methods, structure and gender-related aspects of a legally binding instrument on the right to
development were discussed. The meeting included presentations from Makane Moïse
Mbengue, Professor of International Law at the University of Geneva and at Science Po
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