A/HRC/12/28
page 8
25. With respect to the Intergovernmental Working Group on Public Health, Innovation and
Intellectual Property, a delegation emphasized the importance of the Global Strategy and Plan of
Action, urging the task force to synthesize into the criteria the affordability and access
dimensions of health care and medicines, as well as flexibilities envisaged in the Trade-Related
Aspects of Intellectual Property Rights Agreement. A civil society representative underlined the
importance of the United Nations Declaration on the Rights of Indigenous Peoples for the
realization of their right to development, including for the protection of indigenous knowledge.
26. In relation to the recommendation of the task force relating to a dialogue with
MERCOSUR, the representative of Paraguay, speaking on behalf of MERCOSUR and
associated States, informed the Working Group that the issue had been discussed at the last
meeting of high officials responsible for human rights and ministries of foreign affairs, and a
response to the invitation would be communicated to the task force as soon as an official position
had been received from the capitals.
27. With reference to the issue of debt relief, some delegations proposed that the task force
should interact with the independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of all human rights,
particularly economic, social and cultural rights, the independent expert on the question of
human rights and extreme poverty and the Special Representative of the Secretary-General on
human rights and transnational corporations and other business enterprises with a view to
reviewing the impact of debt burdens and related issues on the right to development.
28. The Chairperson of the task force made a presentation on a informal chart he had prepared
at the request of various delegations showing the linkages between each of the revised criteria,
the relevant article of the Declaration, the previously endorsed criterion and the specific
development partnerships which had been assessed from the perspective of the right to
development and had contributed to the development or refinement of the criterion concerned.
Also at the request of delegations, the Chairperson distributed informal lists of illustrative
sub-criteria accompanying the revised criteria which had resulted from the work undertaken by a
consultant to the task force, as well as from the expert meeting on methodological issues relating
to the measurement of compliance with the right to development. It was noted that those lists
were not considered by the task force as sufficiently developed to be shared with the
Working Group but were distributed as a non-paper with the sole objective of providing some
idea on the nature of the sub-criteria to be developed by the task force. Such lists were not
discussed nor officially considered by delegations.
2. Right-to-development criteria
29. The Chairperson of the task force explained how the task force had approached the
elaboration of criteria and operational sub-criteria or indicators for the implementation of the
right to development. The methodology used in the formulation of criteria had evolved in light of
the evaluation of partnerships the task force had examined. However, the primary sources of the
interim draft list of criteria (as listed in annex IV to the task force report) were the Declaration on
the Right to Development and the criteria as endorsed by the Working Group in 2006. The task
force also considered as secondary sources the commissioned expert studies and
recommendations of an expert meeting on methodological issues held in January 2009.
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