A/HRC/19/70
developing countries. Concern was expressed that UNCTAD had not incorporated the
human rights-based approach into its work, which would have improved the analysis in its
LDC reports. As concerns the relationship between the human rights-based approach and
the right to development, it was pointed out that the latter differed in the focus it placed on
the international dimension. There was a need for deeper discussion on how the right to
development could support dialogue on emerging thinking on structural change and causes,
as opposed to addressing the symptoms of global inequality. There was a need to move
towards positive forms of cooperation and to go beyond aid towards systemic policy
coherence.
44. In concluding remarks and addressing specific questions, the panellists inter alia
reiterated the importance of systemic integration of various sets of norms in the trade arena.
Reference was made to the World Intellectual Property Organization Development Agenda
as a successful transformation from a purely technical body to a body looking at systemic
integration, although the practical limitations to that agenda were pointed out. Concern was
shared that the discussions for Rio+20 appeared to be retrogressive, challenging formerly
agreed principles, such as the principle of common but differentiated responsibilities. With
regard to the question on the difference between the human rights-based approach and the
right to development, it was argued that the human rights-based approach focused on the
needs of individuals rather than making the argument about State responsibility. The need
for greater human rights-based policy coherence was underlined in order to achieve
sustainable development in its social, environmental and economic dimensions. It was
argued that, in order to mainstream a human rights-based approach into the work of
UNCTAD, a mandate from Member States was needed. It was argued that the human rights
framework at present was not fully developed or operational, and required significantly
more work in order to become an operational tool in economic analysis.
2.
Financing for development
45. Roberto Bissio, Social Watch, speaking on the future of the multilateral aid system
and debt relief, explored – on the basis of available data – the differences in development,
understood as economic growth versus social development. He referred to recently
published data dispelling arguments that there was a need for inequality in order to achieve
growth and that growth would eventually lead to redistribution. He pointed to a number of
obstacles to realizing the right to development and economic, social and cultural rights and
the enforcement mechanisms that were lacking.
46. Andrea Shemberg, legal consultant, speaking on principles for responsible contracts
and integrating human rights risks into investment contract negotiations, suggested viewing
human rights as a positive element protecting policy space. She referred to the Guiding
principles on Business and Human rights and their protect, respect and remedy framework,
as well as to the principles for responsible contracts, which aimed at providing a framework
for integrating human rights in investment treaties. In her view, there was progress being
achieved in the area, but capacity-building was needed. In addition, although a contract
might be in line with the principles, that was not a guarantee that investment projects would
bring about positive results.
47. Aldo Caliari, Center of Concern, speaking on regulating finance as if human rights
really mattered, argued that the recent crises challenged the presumptions relating to State
regulation and intervention in financial policies and that the field had been traditionally
reserved to elitist expert discussions. Indeed, it was a debate that concerned society as a
whole and society thus had to have a say; certainly the human rights community also had its
own stake in these debates. He called upon human rights actors to more actively engage in
financial regulatory debates and with the relevant actors and bodies. In addition, Mr. Caliari
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