A/HRC/19/70
40. Paul Quintos, IBON Foundation, speaking on Rio+20 and development challenges,
expressed the view that the Declaration on the Right to Development was an advocacy tool
for a more equitable and democratic international order. In his view, a comprehensive and
multifaceted development advocacy campaign could be built around the concept of the right
to development, allowing linkages to a wide range of issues, such as poverty eradication,
food sovereignty, ecological/climate justice and national sovereignty. The campaign could
be advanced at the national and international levels, targeting national Governments,
regional bodies, international organizations and transnational actors to hold them to account.
In his view, the potential of the Declaration on the Right to Development, as well as that of
the Rio Declaration on Environment and Development remain unrealized, with continuing
strain on the environment and retrogression with regard to the principle of common but
differentiated responsibility. To promote the right to development and the Rio principles,
Mr. Quintos recommended the use of the occasion of Rio+20 to promote a human rightsbased approach to sustainable development. Demonstrating the relevance of the right to
development to issues such as energy, food and water security would raise the utility of the
right to development for social mobilization and civil society advocacy. Mr. Quintos called
upon the United Nations agencies to engage more aggressively in policy advocacy. There
was a need to re-examine values and lifestyles, conceptions of the good life, social relations
and relationship with nature.
41. Shabalala Dalindyebo, Maastricht University, speaking on climate change, human
rights and intellectual property, underlined that the right to development was a core element
of the climate change legal regime. It was the basis for developing countries’ demand for
transfer of technology, part of the United Nations Framework Convention on Climate
Change and the Kyoto Protocol. In practice, unfortunately, that transfer of technology was
not taking place. The main constraining reasons were intellectual property regimes and the
unwillingness of developed countries to fulfil their obligations. Mr. Dalindyebo pointed to
the conflict of norms between the trade and human rights regime and the expanding power
of the World Trade Organization (WTO), combined with limiting applicable law in the
WTO dispute settlement mechanism. The approach followed by the International Law
Commission when dealing with fragmentation of international law, namely “systemic
integration” could help address potential conflicts that arose a result of the diversification
and expansion of international law. The United Nations Framework Convention on Climate
Change could provide direction and guidance on how that could happen in real terms to take
into account other regimes through impact assessments. The other question related to that
was of course whether or not the respective body was competent and had a mandate to
consider norms belonging to a different regime.
42. Fried Didden, Kosovo Health Foundation, introduced the work of the Kosovo Health
Foundation, a non-profit organization working on mental and reproductive health. He also
provided a description of the environment in which the organization was operating, the legal
and factual constraints attached to the health service system in Kosovo, 5 the financial
constraints and the lack of transparency and participation in the distribution of national
resources but also in the allocation of international donor resources.
43. In the ensuing interactive debate, representatives of the Bolivarian Republic of
Venezuela, the Housing and Land Rights Network, the Association of World Citizens,
Egypt, North-South XXI, the Global Network for the Right to Development and the
Institute for Social and Economic Studies took the floor. It was said that international
cooperation should be strengthened without imposing conditions or obligations on
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All references to Kosovo, whether to the territory, institutions or population, shall be understood in
the context of Security Council resolution 1244 (1999), and without prejudice to the status of Kosovo.
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