A/HRC/45/40 standard on the right to development.65 In addition, one Member State that considers that the development of a legally binding instrument would not be an appropriate and effective means of realizing the right to development has contended that in order to progress in the elaboration of a legally binding instrument on the right to development, then it is crucial to first overcome blockages, work towards reconciliation and seek a common narrative. 66 Presenting its view that at this stage a legally binding instrument would be counterproductive, as it did not enjoy universal support, one Member State has even suggested that working towards such an instrument would undermine efforts to implement the Sustainable Development Goals.67 Another Member State expressed reservations over developing a legally binding instrument on the right to development, because in its view, such an instrument did not enjoy consensus, would imply a duplication of efforts and could even reverse the existing consensus. It instead suggested redoubling efforts to elaborate criteria and operational sub-criteria for the fulfilment of the right to development, gathering a consensus on them and aligning such efforts with commitments assumed under the 2030 Agenda. The State was of the view that discussions on an instrument on the right to development could take place after guidelines are developed.68 C. Progress on a legally binding instrument 61. Taking forward the approach of the majority of Member States, it is imperative to more effectively promote and implement the Declaration on the Right to Development. The Declaration clearly places primary responsibility on States to create favourable conditions for its realization. Moreover, Member States have a duty to cooperate with each other in ensuring development, eliminating obstacles to it and taking steps to facilitate the full realization of the right to development. Indeed, international cooperation is integral to the implementation and realization of that right. 62. In this context, member States of the Non-Aligned Movement firmly believe that the realization of the right to development is a necessity now more than ever, and that the international community must demonstrate its commitment and give the right to development the high profile it merits.69 63. The right to development reflects the values of the Charter of the United Nations and encompasses the three pillars of peace and security, development, and human rights, and the realization of that right is relevant and necessary for the respect, protection and fulfilment of all other human rights. 70 It is time to overcome political polarization, transcend debate and focus on practical measures to implement the Declaration on the Right 65 66 67 68 69 70 See note verbale dated 4 June 2019 from the Permanent Delegation of the European Union, Geneva, to the secretariat of the Advisory Committee to the Human Rights Council, Geneva. Available at www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/RightToDevelopment.aspx. The Permanent Delegation also expressed regret that in Human Rights Council resolution 39/9, the Council had prejudged the outcome of the ongoing discussions in the Working Group on the Right to Development, adding that divergent views in the understanding of the right to development remained, with fundamental differences on issues such as the role of indicators, the content of the right to development, its implications as well as appropriate instruments to realize that right. (As at 1 January 2020, the European Union consisted of 28 Member States of the United Nations.) Note verbale dated 31 May 2019 from the Permanent Mission of Switzerland, Geneva, to the secretariat of the Advisory Committee to the Human Rights Council, Geneva (in French). Available at www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/RightToDevelopment.aspx. Note verbale dated 11 June 2019 from the Permanent Mission of Liechtenstein, Geneva, to the secretariat of the Advisory Committee to the Human Rights Council, Geneva. Available at www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/RightToDevelopment.aspx. Note verbale dated 31 May 2019 from the Permanent Mission of Mexico, Geneva, to the Working Group on the Right to Development, Geneva. Statement by the Bolivarian Republic of Venezuela on behalf of the Non-Aligned Movement. Submission by Associazione Comunità Papa Giovanni XXIII to the secretariat of the Advisory Committee to the Human Rights Council, Geneva. Available at www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/RightToDevelopment.aspx. 15

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