A/HRC/36/49 Peoples’ Rights has found the right to development to be justiciable. For example, in one case, the Commission found that Kenya had violated the right to development of the Endorois people by failing to involve them in relevant decision-making processes and by not equitably distributing the benefits of development. 14 27. The right to development is recognized in the Arab Charter on Human Rights as a fundamental human right. Under article 37 of the Charter: States are required to establish development policies and take the measures needed to guarantee that right; States parties have a duty to give effect to the values of solidarity and cooperation among them and at the international level with a view to eradicating poverty and achieving economic, social, cultural and political development; and by virtue of the right to development, every citizen has the right to participate in the realization of development and to enjoy the benefits and fruits thereof. 28. The Association of Southeast Asian Nations Human Rights Declaration contains a section on the right to development, in which Member States are called upon to mainstream the multidimensional aspects of the right to development into the relevant areas of Association of Southeast Asian Nations community-building and beyond and to work with the international community to promote equitable and sustainable development, fair trade practices and effective international cooperation (art. 37). 29. At the national level, a few constitutions include the right to development. 15 Other countries recognize other human rights that contribute to development and the realization and implementation of the right to development directly and/or indirectly, such as the right to enjoy a healthy environment, 16 or establish that the State has the duty to protect natural resources and the diversity and integrity of the environment and to guarantee sustainable development.17 IV. Challenges to the realization of the right to development 30. The Special Rapporteur has initiated a process of broad consultations with stakeholders to learn what they perceive to be major challenges for the realization of the right to development. Through informal consultations, conducted in the short time available, with permanent missions, intergovernmental organizations and non-governmental organizations, the Special Rapporteur has become aware of numerous concerns that require further study, including: (a) Politicization. Despite the fact that more than 30 years have passed since the adoption of the Declaration on the Right to Development, views among States are still divided. The European Union has asked for further clarity on the right. There are disagreements on the nature of the duties of States to realize the right to development and on the relative emphasis to be placed on the national dimension of State obligations (individual rights and corresponding State responsibilities, rule of law, good governance, combating of corruption) as compared to obligations of international cooperation (international responsibilities, international order, development cooperation, global governance). There are also differences of opinion among States regarding criteria for measuring progress towards implementing the right to development. The above conceptual differences have often resulted in a lack of sufficient momentum in the intergovernmental debate at the relevant United Nations forums, such as the General Assembly, the Human Rights Council and the Working Group on the Right to Development; (b) Lack of engagement. The political divide has resulted in a low level of engagement of United Nations agencies and civil society in promoting, protecting and 14 15 16 17 8 Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, communication No. 276/03 (25 November 2009). See, for example, article 30 of the Constitution of Malawi. See also the Constitutions of Colombia, Germany, Guatemala and Mexico, which mention the right to development of the human personality. Argentina, Bolivia (Plurinational State of), Colombia, Guatemala, Mexico, Paraguay. See Constitution of El Salvador, art. 117.