A/HRC/39/56 development.4 The first panel included Olivier De Schutter, a member of the Committee on Economic, Social and Cultural Rights; Bhumika Muchhala, Independent Consultant on Finance and Sustainable Development, Lucy Claridge, legal expert, and Vicente Yu, Deputy Executive Director of the South Centre and Coordinator of the Global Governance for Development Programme. 44. Mr. De Schutter presented a study on the international dimensions of the right to development. The right to development should not be self-contained and should extend influence outside the United Nations system. International obligations had two categories: (a) extraterritorial obligations in the field of human rights, including “negative” and “positive” duties, in which context he referred, inter alia, to general comment No. 24 on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities, adopted by the Committee on Economic, Social and Cultural rights in 2017; and (b) global obligations, a characteristic of which was the duty of States to take into consideration their human rights obligations, in good faith, in the search for multilateral solutions to global problems. Key areas essential to the advancement of development were: restructuring and alleviation of foreign debt, elimination of illicit financial flows, official development assistance, trade and investment reform, the regulation of transnational corporations, intellectual property rights and the transfer of technology and international support for the establishment of universal social protection floors. The report provides forward-looking recommendations. 45. Ms. Muchhala presented a study on the right to development and illicit financial flows. The premise of connecting illicit financial flows to the right to development was that the right made the prevention, regulation, and eventual elimination, of illicit financial flows a human rights imperative. Currently, three frameworks, namely, the Declaration on the Right to Development, the 2030 Agenda and the Sustainable Development Goals and the Addis Ababa Action Agenda of the Third International Conference on Financing for Development, were central to taking meaningful action on illicit financial flows. She explained the concepts of transfer mispricing, tax havens and offshore wealth and pointed out that illicit financial flows were, in different ways, a significant constraint to domestic resource mobilization for the Sustainable Development Goals and financing for development. Global tax cooperation among States within international organizations was therefore crucial. 46. Ms. Claridge informed the Working Group on jurisprudential developments of the right to development at the African Court for Human and Peoples’ Rights in the Ogiek case. The Court reaffirmed earlier jurisprudence of the African Commission and Human and Peoples’ Rights to the effect that indigenous peoples were entitled to the right to development under article 22 of the African Charter on Human and Peoples’ Rights. The Court recognized that participation was an essential element of the right to development. It also endorsed the principles developed in relevant case law. Drawing on article 23 of the Declaration on the Rights of Indigenous Peoples, the Court declared that the State was responsible for creating conditions favourable to peoples’ development. The ruling confirms that there was a clear positive duty on the State to ensure that people were not left out of the development process or benefits. 47. Mr. Yu spoke on challenges for the implementation of the right to development and the 2030 Agenda. The major challenges were that the global economy remains uncertain and was not stable. Yet the international community, including both the developed and developing countries, was not prepared for a new economic crisis or economic slowdown. Climate change could also constrain development and the right to development, and therefore the implementation of the Paris Agreement had to be scaled up. These constraints could be examined to create an effective contextualized national strategy. Given an uneven playing field, the principles of special and preferential treatment and common but differentiated responsibility should be reflected in climate change action so that developing 4 10 Transcripts of the experts’ presentations are available from www.ohchr.org/EN/Issues/Development/ Pages/19thSession.aspx.