A/HRC/45/40 to Development. It is also time for the right to development to be recognized as a primary enabling right that provides a normative basis for the realization of all other rights. 71 VI. Added value of a legally binding instrument on the right to development 64. A legally binding instrument on the right to development is of importance as it would promote the effective development of States while improving the living conditions of their populations. The resultant added value would also derive from the fact that it would provide a comprehensive legal framework and approach to policies and programmes covering all stakeholders and encompassing all human rights – civil, political, economic, social and cultural – while integrating aspects of both human rights and development theory and practice. 65. The Inter-American Court of Human Rights and the African Court on Human and Peoples’ Rights have used the Declaration on the Right to Development to protect the culture and way of life of indigenous and tribal peoples. This can be seen, for example, in two landmark rulings of the African Court on Human and Peoples’ Rights – one regarding alleged violations owing to the displacement of the indigenous Endorois community from ancestral lands, and the other regarding the alleged violation of the human rights of the Ogiek, a forest-dwelling community in Kenya.72 Nonetheless, such examples are more the exception than the rule and the right to development, to a large extent, still lacks justiciability. A legally binding instrument would provide added value by firming up the foundation to enable this important concern to be more comprehensively addressed. 66. Similarly, although there are reporting procedures for substantive rights that constitute the right to development, and the Human Rights Council can exercise moral persuasion over violators, the right to development itself lacks a firm institutional platform to stand on.73 The codification of a legally binding instrument on the right to development would help address this lacuna. 67. Furthermore, since a legally binding instrument would embody the human rightsrelated principles of equality, non-discrimination, participation, transparency and accountability, as well as the principle of international cooperation, in an integrated manner, such an instrument would be able to better guide our responses to contemporary concerns and challenges. 68. A legally binding instrument can help make development a reality for all, by ensuring the operationalization of the right to development as a priority, providing an enabling environment for the full realization of the Sustainable Development Goals, and raising the right to development to the same level as all other human rights and fundamental freedoms. 74 Such an instrument would help better ensure comprehensive and humancentred development policy, participatory development processes, social justice and equity. 75 It would also boost efforts to build more inclusive, sustainable and resilient societies. 69. The realization of the right to development would foster the operationalization of every Sustainable Development Goal. The right to development should be kept central to the implementation of the 2030 Agenda, which is profoundly dependent on an integrated, holistic and comprehensive approach by all States, through which a just and equitable development is achieved, human dignity attained and the right of self-determination respected.76 Indeed, the right to development can provide a balanced, comprehensive and 71 72 73 74 75 76 16 General statement by India at the twentieth session of the Working Group on the Right to Development, Geneva, 29 April 2019. African Court on Human and Peoples’ Rights, African Centre for Minority Rights Development and Others v. Kenya (2009), AHRLR 75 (ACtHPR 2009); and African Commission on Human and Peoples’ Rights v. Republic of Kenya, ACtHPR, Application No. 006/2012 (2017). Paul Quintos, “Reclaiming the right to development”, Our World, 21 November 2011. Statement by the Bolivarian Republic of Venezuela on behalf of the Non-Aligned Movement. www.un.org/en/events/righttodevelopment/pdf/rtd_at_a_glance.pdf (accessed on 7 July 2020). Statement by the Bolivarian Republic of Venezuela on behalf of the Non-Aligned Movement.