A/HRC/45/15
11.
The guidelines underscore the centrality of the meaningful participation of rights
holders in economic, social, cultural and political development. Ensuring meaningful
participation means more than just consulting individuals and communities. It implies
placing them at the centre of the decision-making that affects their own development,
including decision-making on financing for development. Indeed, in the guidelines the
Special Rapporteur conceptualizes development as a holistic process that requires the input
and involvement of diverse stakeholders, including States, international organizations, civil
society, members of academia and the private sector, to achieve sustainable results.
Participatory consultative processes that are open to all segments of the society have to be
envisaged, budgeted for and implemented at every step of the way.
12.
The guidelines make clear that from the perspective of the right to development,
financing for development means funding the development priorities that individuals and
communities express, since they must drive the processes for their own development. In the
following section, the Special Rapporteur describes how relevant international standards
already incorporate this approach.
B.
International policy background on financing for development and the
right to development
13.
The international policy background applicable to the intersection of the right to
development and financing for development includes the Declaration on the Right to
Development, the 2030 Agenda and the Addis Ababa Action Agenda.
14.
The Declaration on the Right to Development, in its article 1, states that by virtue of
the right to development, all human persons and all peoples are entitled to participate in,
contribute to and enjoy economic, social, cultural and political development. The Declaration
also outlines principles that should guide policy decisions on financing for development. For
example, it states that the right to development implies the full realization of peoples to selfdetermination, which includes, subject to the relevant provisions of both International
Covenants on Human Rights, the right of peoples to full sovereignty over all their natural
wealth and resources (art. 1), and that the benefits of development should be fairly distributed
(art. 2). It declares that States should undertake all necessary measures for the realization of
the right to development and that they are to ensure equality of opportunity for all (art. 8). In
addition, at the international level, the Declaration places a duty on States to cooperate with
each other, including in the context of promoting the more rapid development of developing
countries, in particular with regard to providing those countries with appropriate means and
facilities to foster their comprehensive development (arts. 3 (3) and 4 (2)).
15.
In the 2030 Agenda, a tangible link is made between the right to development and
sustainability. Throughout the text, the 2030 Agenda reaffirms the key principles of the
Declaration on the Right to Development. It also recognizes the need to build peaceful, just
and inclusive societies that are based on respect for human rights, including the right to
development, on the effective rule of law and good governance at all levels and on
transparent, effective and accountable institutions.5
16.
The Addis Ababa Action Agenda is inextricably interlinked with the 2030 Agenda
because it provides a global framework for financing development, including in the context
of the Sustainable Development Goals. Similarly to the 2030 Agenda, the Addis Ababa
Action Agenda refers, in its paragraph 18, to good governance, the rule of law, human rights,
fundamental freedoms and equal access to justice as integral to the efforts to promote
peaceful and inclusive societies. Thus, fundamental elements of the right to development
underpin the international framework for financing for development.
17.
These international standards demonstrate the prior commitments of States to a rightsbased approach to sustainable development and financing for development. In the following
sections, the Special Rapporteur reviews specific examples of the implementation of the right
5
4
See the statement issued by several special procedure mandate holders marking the thirty-third
anniversary of Declaration on the Right to Development (4 December 2019). Available at
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25383&LangID=E.
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