A/HRC/42/35
67.
In concluding the session, experts noted, with regard to e-commerce negotiations,
the need to consider whether that was a priority for the country, as engaging in negotiations
was not without its costs. The question of whether countries were ready to negotiate ecommerce was posed, with reference to the fact that decisions had not yet been made
regarding whether the negotiations covered products or services. On the other hand,
participation was necessary in order for States to be heard and to ensure fair outcomes. The
negotiations would most likely become a model for the preparation of any other rules in
that area. Domestic policies were enormously important for fully realizing the right to
development and attaining the Sustainable Development Goals. Climate change was the
best illustration of global interdependence. Much greater awareness among decision makers
was necessary to address the challenge. Other measures included long-term capacitybuilding and reconsideration of nationally determined contributions, which could include
adaptation. With respect to the legally binding instrument, it was suggested to focus on the
duty to cooperate as its main objective and to view the instrument as an implementation
agreement rather than a normative instrument. The focus could be on crafting a mechanism
as one of the main outputs of the legally binding instrument.
68.
The second expert panel included Susan Mathews, Human Rights Officer in the
Right to Development Section of OHCHR; Meskerem Geset Techane, Vice-Chair of the
Working Group on the issue of discrimination against women in law and in practice; Chiara
Mariotti, Inequality Policy Manager at Oxfam; and Melik Özden, Director of the EuropeThird World Centre.
69.
Ms. Mathews gave a presentation on the potential and pitfalls of digital trade for
development in Africa. Digital globalization presented both opportunities and risks to
human rights, including the right to development. Digital technology had boosted economic
growth and transformed government and services, but benefits were uneven. The offline
population was disproportionally poor, rural and female. Internet connectivity could create
a cascading effect for innovation and trade, benefiting women, youth, persons with
disabilities and people in remote areas especially. With more than half of the world’s
population online, 80 per cent of the population in least developed countries remained
unconnected. To prevent an unequal, uneven and unfair future, States and other
stakeholders must build and finance digital infrastructure; contribute to better local and
international investments; design digital strategies complemented with overall development
strategies; provide infrastructure to ensure clean energy, water and sanitation and transport;
and ensure accessibility and affordability.
70.
Ms. Mariotti referred to the issue of global inequality as the Achilles’ heel of the
right to development. Rising inequalities were a threat to the realization of the right to
development. In 2018, 26 men held as much wealth as the poorest half of the population,
and that inequality was still growing. Inequality contributed to violence, instability and
health problems. Climate change affected the poorest people the most. Undertaxation
impacted the enjoyment of full sovereignty by depriving States of valuable resources for
basic public services. Goal 10-related multilateral processes tended to be weak. The Goal’s
proposed targets failed to compare the top with the bottom and inadequately focused on the
bottom 40 per cent. More data on the details of distribution could help to develop a more
substantial and comprehensive system around Goal 10. Ms. Mariotti proposed the creation
of a forum for combating inequalities in the global system. The forum could be created by
the binding instrument on the right to development and could contribute to the realization
of that right.
71.
Ms. Techane spoke about the elimination of discrimination against women as a legal
duty and enabler for achieving the Sustainable Development Goals. To achieve gender
equality, women must be able to participate in, contribute to and enjoy development.
Inequality must be addressed to achieve just and peaceful societies. The cost of
discriminatory practices on health, education and economic development limited the
realization of sustainable development. In the light of the analysis of the Working Group on
the issue of discrimination against women in law and in practice, she described how gender
inequality affected the realization of the rights of women and of Goals 3 (good health and
well-being), 4 (quality education), and 8 (decent work and economic growth). She
concluded by affirming that the elimination of discrimination against women and girls was
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