A/HRC/30/22
dispute mechanisms increasingly involved important issues of public policy and often failed
to ensure the consideration of fundamental rights such as the right to adequate housing.
Those problems had led to important work to assess and clarify issues of corporate
accountability, extraterritorial obligations, and human rights in relation to trade and
investment agreements. The Special Rapporteur expected to be actively engaged with
respect to those emerging issues as they related to the right to adequate housing.
36.
In his 2014 report to the General Assembly, the Chair of the Working Group of
Experts on People of African Descent (A/69/318) welcomed the proclamation by the
General Assembly, by its resolution 68/237, of the International Decade for People of
African Descent starting on 1 January 2015 and ending on 31 December 2024, with the
theme “People of African descent: recognition, justice and development”. The Working
Group observed that development was considered in two ways: first, in terms of the role
that people of African descent had played historically and contemporarily in global
development; and second, in terms of the need for a human rights-based approach to all
development activities (para. 36). Owing to the special and unique nature of discrimination
often faced by people of African descent, in particular in relation to the legacies of
colonialism, enslavement and the transatlantic slave trade, the Working Group deemed it
appropriate to make a careful distinction between their situation and that of other groups
who also faced racial and other forms of discrimination (para. 38). At the sixteenth session
of the Working Group, one of its members delivered a statement on reparation and the right
to development.9
37.
The 2014 report to the Human Rights Council of the Special Rapporteur in the field
of cultural rights, on copyright policy and the right to science and culture (A/HRC/28/57),
included a number of recommendations relevant for the right to development. The Special
Rapporteur recommended that international copyright instruments should be subject to
human rights impact assessments and contain safeguards for freedom of expression, the
right to science and culture, and other human rights (para. 94). Such instruments should
never impede the ability of States to adopt exceptions and limitations that reconciled
copyright protection with the right to science and culture or other human rights, based on
domestic circumstances. Member States of the World Intellectual Property Organization
should support the adoption of international instruments on copyright exceptions and
limitations for libraries and education. The possibility of establishing a core list of
minimum required exceptions and limitations incorporating those currently recognized by
most States, and/or an international fair use provision, should also be explored. The World
Trade Organization should preserve the exemption of least developed countries from
complying with provisions of the Agreement on Trade-Related Aspects of Intellectual
Property Rights until they reached a stage of development at which they no longer qualified
as least developed countries.
38.
In her responses to questions during the interactive dialogue at the twenty-seventh
session of the Human Rights Council, the Special Rapporteur on the human right to safe
drinking water and sanitation addressed the right to development. She pointed out that
development and the realization of human rights needed to go hand in hand. Efforts
targeted at development must benefit the people, and development and the progressive
realization of human rights must be undertaken simultaneously. It could not be assumed
that development must be promoted first, while ignoring human rights, and that, when
development had been achieved, human rights would miraculously be realized. Experience
had shown that certain parts of the population would continue to be discriminated against
and left behind unless deliberate measures were adopted targeting them. There was a need
9
Available at www.ohchr.org/Documents/Issues/Racism/WGEAPD/Session16/VereneShepherd.pdf.
9
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