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. 6

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