A/HRC/15/WG.2/TF/2
the finding in the technical mission report that intellectual property was incompatible with
the right to development. Intellectual property does not constitute a barrier to the realization
of this right, being only one factor affecting access to technology.
44.
The Philippines stressed the importance of introducing a right to development
perspective to the Clean Development Mechanism, which constitutes an incentive for
developed countries to invest in developing countries to reduce emissions, whereby the
former gain credit as well as profit in the process. However, the mechanism could have the
adverse effect of shifting the burden for emissions reduction to developing countries, which
may have to change their production processes, while not necessarily bringing about a
change in the production processes in developed countries to make them more
environmentally friendly.
45.
Egypt, on behalf of the Non-Aligned Movement, stated that the Clean Development
Mechanism helped developing countries to reduce emissions but did not induce change in
their production processes, and therefore was not a mechanism conducive to a better and
cleaner environment. Mauritius emphasized that the African continent was the most
vulnerable to climate change. It inquired how the inequitable distribution of mechanism
projects among developing countries could be dealt with so that Africa could benefit more
from the mechanism.
46.
In response to a request for further elaboration of the linkages among the Clean
Development Mechanism, climate change and human rights, Mr. Orellana pointed to the
OHCHR analytical study on human rights and climate change (A/HRC/10/61), which
contained an analysis of the human rights implications of mitigation and adaptation
measures taken within the context of climate change, and stressed the importance of
considering human rights concerns therein. Human rights components could be integrated
into the mechanism, taking advantage of the developments in Copenhagen in 2009.
47.
With regard to the issue of shifting the burden, Mr. Orellana pointed to the
mechanism’s potential in facilitating progress towards a decarbonized economy. In this
regard, it could enable developing countries to avoid a carbon-intensive development path
by incorporating green technology. It did not impose a burden, but provided an opportunity.
Still, other measures in the climate change regime need to ensure that industrialized
countries change their production patterns in order to meet the objective of the United
Nations Framework Convention on Climate Change. Concerning the inequitable
distribution of mechanism projects, Mr. Orellana remarked that being a market-based
mechanism, it suffered from market failures. Concerted action at the national and
international levels is necessary to expand the reach of the projects across a wider range of
developing countries. In this connection, the phasing out of subsidies for fossil fuels by
export credit agencies in industrialized countries and the creation of programmes to support
projects by such agencies could enhance the sustainable development and greenhouse gas
mitigation benefits from the Clean Development Mechanism.
C.
Millennium Development Goal 8, targets B and D, on debt relief
48.
As requested by the Working Group (A/HRC/12/28, paras. 39 and 46 (c)), the task
force considered the issue of debt relief by drawing on the expertise of its institutional
members, the International Monetary Fund (IMF) and the World Bank, as well as special
procedures of the Human Rights Council, through the independent expert on the effects of
foreign debt and other related international financial obligations of States on the full
enjoyment of all human rights, particularly economic, social and cultural rights, Cephas
Lumina. The independent expert and representatives of the World Bank and IMF made
presentations on the issue.
GE.10-11443
11
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