A/HRC/15/WG.2/TF/2
principles and criteria, including equality, equity, non-discrimination, participation,
transparency and accountability. Right to development criteria require an open and
inclusive decision-making process, but current determinations by national authorities on
whether projects under the mechanism contribute to sustainable development are not
subject to this standard. Furthermore, right to development criteria require equitable
benefits of development within and among countries, but at this time projects under the
mechanism benefit only a few developing countries. With respect to refining the right to
development criteria, Mr. Orellana suggested that the criteria take into account a sciencebased approach in decision-making, in line with the outcome of the World Summit on
Sustainable Development held in Johannesburg in 2002.
40.
The Manager of the Process Management Unit at the secretariat of the United
Nations Framework Convention on Climate Change gave an overview of the achievements
of and developments in the mechanism and of its main activities, functions and bodies. He
stated that the Clean Development Mechanism is a flexible market mechanism. He agreed
that projects thereunder were mostly concentrated in a few developing countries, and a
large majority were in the Asia-Pacific region, followed by a considerable number in Latin
America and the Caribbean. This trend reflects the direction of foreign direct investment
flows. He then referred to certain shortcomings of the mechanism, such as increasing delays
in the rigorous approval process. Several measures had been taken recently to improve the
methodology and the approval process, including steps to enhance transparency. The
efficiency in the registration of projects and issuance of certified emissions reductions, as
well as governance, transparency and communication with stakeholders, need to be
enhanced. With regard to the contribution of projects to sustainable development,
designated national authorities would be encouraged to publish their sustainable
development criteria. The representative indicated interest in continuing the dialogue, and
extended an invitation to the task force to participate in the Nairobi Framework, which
brought together United Nations agencies and several other institutions with a view to
promoting the involvement of African countries in the mechanism.
41.
In the discussion that followed, the representative of WIPO stated that access to
knowledge is a human right and intellectual property was made to build, not block,
innovation and the rights of people. It is the responsibility of Governments to provide
incentives for intellectual property, whereas the role of WIPO is to promote a culture for
intellectual property and respect for indigenous, traditional and cultural knowledge and
folklore. Regarding the realization of social and individual rights, WIPO drew attention to
the importance of intellectual property in generating technologies that can help in
protecting such indigenous knowledge and culture. Ms. Fukuda-Parr referred to the tension
between public and private interests: incentivizing innovation by providing intellectual
property protection on the one hand, and sharing and expanding that innovation on the
other. The representative stated that market failures require Governments to intervene and
address the needs of society, especially in the area of health. In that regard, WIPO pointed
to TRIPs flexibilities, such as compulsory licensing, as a policy option to address the needs
of society.
42.
UNCTAD noted the growing interest in looking at intellectual property issues from
a human rights perspective. In reaction to a statement by WIPO referring to the intention of
its new Director-General to incorporate human rights components into the Organization’s
workplan, the Chairperson-Rapporteur noted the advantage, from the right to development
perspective, if these adjustments in the workplan not only referred to social issues but also
to their human rights dimensions.
43.
In the interactive session with observers, the United States of America stated that it
supported effective development processes and welcomed the WIPO Development Agenda,
which provided a practical way to put WIPO at the centre of development. It disagreed with
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