A/HRC/45/29
Mechanism and a shared vision of how the Expert Mechanism could best fulfil its mandate,
without duplicating the work undertaken by other related mechanisms. It considered the
mandates, methods of work and activities of the other United Nations human rights
mechanisms that specifically dealt with the right to development, notably the Special
Rapporteur on the right to development and the Working Group on the Right to
Development. It noted the mandate that the Human Rights Council had assigned to the
Advisory Committee to prepare a research-based report on the importance of a legally
binding instrument on the right to development. Furthermore, the Expert Mechanism
considered how the right to development was integrated into the work of other human
rights mechanisms, notably the universal periodic review mechanism. Lastly, it discussed
the consequent implications for the thematic work that it would undertake and the methods
on the basis of which it would operate.
14.
As a subsidiary body of the Human Rights Council, the Expert Mechanism would
follow the rules of procedure of the Council and those regarding committees – as well as
rules 45 and 60 – of the General Assembly, as applicable (rule 18 of the rules of procedure
of the Human Rights Council). The Expert Mechanism did not prepare specific rules of
procedure or methods of work, without precluding the possibility that it might prepare its
own rules of procedure and methods of work in the future.
15.
The Expert Mechanism agreed that the annual reports should address thematic
issues, which could be informed by relevant panel discussions or topical issues, such as the
implications of the COVID-19 pandemic, anniversaries and commemorative events, or the
preparation of a legally binding instrument. Regarding the COVID-19 pandemic, members
discussed the possibility of addressing the issue within a wider focus on pandemics or
public health emergencies of international concern, either as a specific thematic study or as
a cross-cutting issue.
16.
With regard to the preparation of a legally binding instrument, the Expert
Mechanism agreed on the importance of engaging with and supporting actively the mandate
of the Working Group on the Right to Development.
17.
The Expert Mechanism discussed its mandate to provide the Council with thematic
expertise on the right to development in searching for, identifying and sharing best
practices with Member States and to promote the implementation of the right to
development worldwide. It determined that the identification of best practices would form
part of the thematic studies. The promotional and advocacy work would also centre on the
thematic studies, as well as on other topical issues.
18.
For effective implementation of its mandate, the Expert Mechanism would consult
and engage with Member States and other stakeholders, including international
organizations and grass-roots organizations, with a view to identifying needs and areas for
support and collaboration.
IV. Thematic studies
19.
Regarding the selection of topics for study, members felt that it would depend on
what the Expert Mechanism was trying to achieve. There was general agreement on two
overarching objectives: to mainstream, reinvigorate and operationalize the right to
development; and to enhance the ability of grass-roots organizations to use the right to
development. There was also general agreement that it was important to go beyond rhetoric,
to identify obstacles to the realization of the right to development and to make concrete
policy recommendations on how to overcome them.
20.
It was also felt that the three levels of responsibility regarding the right to
development, as identified by the former high-level task force on the implementation of the
right to development, should be addressed: (a) States acting collectively in global and
regional partnerships; (b) States acting individually as they adopted and implemented
policies that affected persons not strictly within their jurisdiction; and (c) States acting
individually as they formulated national development policies and programmes affecting
persons within their jurisdiction (A/HRC/15/WG.2/TF/2/Add.2, annex).
4
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