A/HRC/43/31
27.
Even the concepts of technical assistance and capacity-building, presumably neutral
to several values, would be mobilized as a tool for marketization, making the most of goods
and services countable. They could sometimes contribute to the overmarketization of
societies. Such a risk is becoming increasingly real in the present-day trends towards
globalization and the construction of larger markets beyond national borders.In rapidly
developed countries in Asia, many cases of serious human rights violations, particularly
caused by overmarketization, have been witnessed, such as the destruction of a healthy
environment, human trafficking, and the worst forms of work exploitation, in particular child
labour.
IV.
Legal basis for technical assistance
28.
International cooperation that involves technical assistance and capacity-building is
mentioned expressly in the Charter of the United Nations. Articles 3, 55 and 56 refer to
international cooperation as an element of achieving the purposes of the United Nations and
solving international problems in different fields, including those involving human rights.
The Covenant on Economic, Social and Cultural Rights, however, refers to international
cooperation in the realization of economic, social and cultural rights. International
cooperation is therefore a responsibility of States.
29.
The duty to cooperate is established in chapter IX of the Charter. It is also reflected in
several United Nations resolutions, either as a mean to achieve certain purposes or as an
objective in itself. In particular, the Declaration on Principles of International Law
concerning Friendly Relations and Cooperation among States in accordance with the Charter
of the United Nations, adopted by the General Assembly in its resolution 2526 (XXV),
specifies the duty of States to cooperate with one another in accordance with the Charter.
30.
Respecting the sovereignty of States that benefit from technical assistance is a
fundamental duty of the international community and individual States. Any form of
technical assistance or capacity-building may only be provided as a response to the State’s
request. States cannot be forced, even by the international community, to accept technical
assistance against their will.
31.
The duty of the international community to finance technical assistance and capacitybuilding, in particular in the case of developing countries, is based on the principles of
solidarity and international cooperation.
32.
Dialogue on human rights issues, including with regard to technical assistance and
capacity-building, should never be based on political considerations, the threat of force or
double standards.
V.
Mutually beneficial cooperation
33.
In the view of the Advisory Committee, technical assistance is what a State is able to
provide to another State (or States) in order to obtain some benefit for both parties in the field
of human rights, such as mutual understanding, equality and respect, or the healthy
development of global human rights governance with the participation of developing
countries. Another form of technical assistance in the field of human rights is the one
provided by the United Nations and other international organizations to States that request it,
and which is the result of the support (financial or otherwise) of the international community.
The role of this type of technical assistance and capacity-building tends to focus more on the
promotion and protection of the human rights of the individual rather than on mutually
beneficial cooperation between States, that is with a contractual nature.
34.
The views on the concept of mutually beneficial cooperation described by States and
received by the Advisory Committee are summarized in the paragraphs below. It is up to
States, in particular, to assess whether State-to-State technical assistance and capacitybuilding is able to foster mutually beneficial cooperation, and to what extent.
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