A/HRC/12/27 page 10 F. Obligations of the State to respect, protect and fulfil and shared responsibility 22. While the obligations of a State to respect, protect and fulfil human rights are traditionally related to persons under its jurisdiction (nationals or foreigners), in the context of global interdependence it becomes necessary to recognize the existence of extraterritorial State obligations. With regard to the range of actions that fall within the category of international cooperation, the obligations relating to international assistance and cooperation are complementary to the primary responsibility of States to meet their national human rights obligations. International cooperation rests on the premise that developing countries may not possess the resources for the full realization of rights set forth in conventions. There is a shared responsibility for development met by States’ national obligations and the obligations of international cooperation, facilitating global implementation. Responsibility sharing has a basis in key texts6 in the law relating to refugees and asylum-seekers, going back many years. The preamble to the Convention relating to the Status of Refugees notes that the granting of asylum may place an unduly heavy burden on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international cooperation. According to article 2.2 of the Declaration on Territorial Asylum, where a State finds difficulty in granting or continuing to grant asylum, States individually or jointly or through the United Nations should consider, in a spirit of international solidarity, appropriate measures to lighten the burden on that State. At the regional level, the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa enshrines the principle of solidarity. G. Sustainable development and common responsibilities 23. Sustainable development is today universally recognized as a goal of the global community and as a principle of international law. Its basic concept, and the body of laws, policies and values which it encompasses, offer far reaching possibilities for the development of obligations in international solidarity. The idea of shared responsibilities here goes a step further, recognizing the principle of common but differentiated responsibilities, embodied in international legal instruments accommodating global inequalities and the need to deal with them equitably. Obligations to cooperate apply to States and all other actors. Principle 3 of the New Delhi Declaration of Principles of International Law relating to Sustainable Development adopted by the International Law Association on 6 April 2002 provides that “States and other relevant actors have common but differentiated responsibilities; all States have a duty to cooperate in the achievement of global sustainable development and the protection of the environment. International organizations, corporations (including in particular transnational corporations), non-governmental organizations and civil society should cooperate in and contribute to this global partnership (resolution 2002/3). Principle 5 of the Johannesburg Declaration on Sustainable Development of the World Summit on Sustainable Development calls for collective responsibility to advance sustainable development - economic development, social development and environmental protection - and focuses on implementation, as presented in its plan of implementation. 6 See J. Fitzpatrick, “Temporary protection of refugees: elements of a formalized regime”, 94’ American Journal of International Law, 2000.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents