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.
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