A/HRC/36/23
new instrument regulating the conduct of transnational corporations and other business
enterprises should address the extraterritorial human rights obligations of States with regard
to their duty to control the corporations they are in a position to influence, wherever those
corporations operate; ensure access to effective remedies; and accord priority to human
rights obligations over investors’ rights (see A/HRC/33/40, paras. 77-84).45 The Declaration
invests everyone (including non-State actors) with duties to the community with regard to
comprehensive development, including social justice and fair distribution of benefits.
Extraterritorial human rights obligations are intrinsic to the international dimensions of the
right to development.
IV. Conclusions and recommendations
48.
The present report identifies some of the major challenges encountered in the
implementation of the right to development, primarily at the international level.
Implementation of the right to development requires fundamental changes in global
financial, economic and development policies, with a view to creating an enabling
environment for development, particularly in developing countries. Previous analyses
have identified certain challenges that must be overcome, including the political
impasse in the intergovernmental debate which has limited the engagement of civil
society and the agencies of the United Nations system (see A/HRC/19/45, paras. 23-25).
49.
The international community is faced with ever-increasing challenges, among
them the global economic crisis, shrinking policy space through privatization and
unregulated activities of transnational corporations, gross violations of human rights,
armed conflicts, climate change, xenophobia and mass migrations. The right to
development provides guidance that has the potential to address these interlinked
national and international challenges and prevent them from deteriorating. The right
to development must be central to the operationalization of the global policy outcomes
of 2015, including the 2030 Agenda for Sustainable Development, the Addis Ababa
Action Agenda, the Paris Agreement and the Sendai Framework for Disaster Risk
Reduction 2015-2030, just as their operationalization will help realize the right to
development in a mutually reinforcing way forward.
50.
The indicators framework for measuring progress in implementing the
Sustainable Development Goals is an important source, although not a substitute, for
assessing progress in the implementation of the right to development. Any gaps in the
framework, including the lack of targets and indicators on strengthening the means of
implementation and revitalizing the global partnership for sustainable development,46
as well as on inequalities between countries,47 must be addressed from the perspective
of the right to development. The Declaration on the Right to Development provides an
integrated framework that recognizes the indivisibility of civil, political, economic,
social and cultural rights; the interconnection of national and international
governance; and the interdependence of human rights, peace and sustainable
development. Faced with the rising tide of inequalities between and within countries,
it is essential to recommit to multilateralism, international cooperation, and equality
and non-discrimination at all levels.48
51.
It is imperative to ensure that the environment in which businesses operate
supports rather than undermines the right to development and its implementation.
This includes taking effective action to ensure decent work and respect for human
rights in global supply chains through the implementation of relevant international
human rights and labour instruments and standards. It also means improving
45
46
47
48
12
See also
www.ohchr.org/Documents/HRBodies/HRCouncil/WGTransCorp/Session1/SR_STATEMENT
_IWG.pdf.
See Sustainable Development Goal 17.
See Sustainable Development Goal 10.
This corresponds to Sustainable Development Goals 10, 16 and 17.
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