A/HRC/33/21
the Right to Development in the International Bill of Human Rights. The moderator offered
the floor to panellists to respond to the issues raised and to make concluding remarks.
58.
Ms. Piovesan stated that the Human Rights Council was a strategic and special
forum for promoting international cooperation. The 2030 Agenda was characterized by its
universality and informed by the same principles as the Declaration on the Right to
Development, placing the human person at the centre of development. Transfer of
technology was an important aspect to be considered, as it could help developing countries
reach higher levels of development. The empowerment of women was an essential
condition for advancing the right to development.
59.
Mr. McCook addressed the question of traditional knowledge and indigenous
peoples, stressing the importance of internal policy dialogue among stakeholders, the use of
national legal systems and effectively joining norm-setting processes. To that end,
knowledge-sharing should be enhanced by holding seminars, in non-negotiating settings;
when negotiations were held, representatives of indigenous groups must be invited to
participate to further cement their already strong engagement. The right to development
recognized the right of indigenous communities to sovereignty over their national
resources. Past doctrines were of the view that some human beings had no rights to
property or wealth by virtue of their seeming differences. The legacy of unjust historical
conditions must be repaired.
60.
Mr. Kanade affirmed that one of the most important roles of the Human Rights
Council and the special procedures was to set and strengthen the agenda to promote the
right to development not as charity or a privilege granted by donor States, but as a duty.
Education was an essential element in this endeavour. The rights-based approach to
development tended to focus more on national action, but it needed to give equal
consideration to the international aspect as well. Concerning indigenous rights, Mr. Kanade
was of the view that the United Nations Declaration on the Rights of Indigenous Peoples
explicitly recognized the right to development as an inherent right of all indigenous peoples
and entailed an obligation on the part of the State to develop and protect traditional
knowledge.
61.
Mr. Khor stressed that the Human Rights Council should continue to promote the
right to development and take advantage of the thirtieth anniversary to enhance its
visibility. A number of working groups were dedicated to key issues, such as the rights of
peasants and business and human rights, but action was still lacking. The Council must
build a relationship with the bodies of the Secretariat responsible for the promotion and
coordination of the implementation of the Sustainable Development Goals, while
reconceptualizing and expanding the its role and the role of the Working Group on the
Right to Development. Regarding the protection of traditional knowledge, a definition of
what constitutes appropriation of traditional knowledge for private gains was needed. An
idea to be considered was to limit the possibility of patenting traditional knowledge. States
must help indigenous peoples and local communities protect and promote the transmission
of traditional knowledge from one generation to the next.
IV. Concluding remarks by panellists
62.
After the interactive discussion, panellists were given the opportunity to make
concluding remarks.
63.
Ms. Piovesan highlighted some of the challenges in realizing the right to
development. It was imperative to develop indicators based on sound methodologies, in
order to allow for assessments and to shape policies, programmes and measures. The
adoption of a binding international treaty on the right to development was essential; to do
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