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 14

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