A/HRC/15/23
the conditionalities attached to development funds and the current international system that
left no room for developing countries to participate in decision-making. Others pointed out
that there was a lack of clarity on the three sub-levels of the criteria, as well as on the
question of who would monitor the implementation of the right to development. There was
a need to reach a clear agreement on the criteria and to clarify the rights of peoples. States
should be consulted on the future course of action on the right to development.
21.
One delegation stated that development was also in the interest of developed
countries, and emphasized the need for pragmatic solutions. It expressed its disinclination
to a legally-binding agreement on the right to development, and drew the attention of those
in favour of such an instrument to the fact that there were other ways to operationalize this
right. A legal text created without consensus would not be binding on countries that did not
ratify it, and enforcement would be another challenge. Instead, there should be an emphasis
on reaching an agreement on the criteria and sub-criteria, which would facilitate the
adoption of a set of standards. In this context, the importance of flexibility was emphasized
in moving the process forward and reaching a consensual outcome.
22.
With regard to the balance between national and international responsibilities,
several delegations felt that the fulcrum was slipping towards the importance of national
efforts, as opposed to international cooperation, solidarity and an enabling environment.
They underlined the need for shared responsibility and access to resources, as well as
participation in global decision-making in the realization of the right to development.
According to one delegate, a study of best practices on an appropriate model for the future
course of the right to development would be useful.
23.
Some speakers stated that sustainable development required actions at both the
national and international levels simultaneously, and that one was not a precondition for the
other. Both national and international agencies had a role to play in achieving development
for all. The level of responsibility would differ with respect to the particular issue and
country. Sustainable development also required a strategic and results-based focus,
transparency and accountability on the part of both recipient and donor countries, as well as
strong and insightful leadership and partnership. One delegation pointed to the fact that the
Declaration on the Right to Development focused on the individual as the centre of
development, and expressed a preference for maintaining that focus.
24.
With regard to the issue of social safety nets as a tool to mitigate the difficulties
faced by the poor and the vulnerable, some delegations presented the challenges of social
safety programmes, such as a defective cost of living, limitations on coverage, and the
availability of resources to maintain such programmes. One delegation stressed the
importance of social investment rather than social expenditure. Questions were raised about
the effectiveness and utility of social impact assessments, whether it was possible to adjust
them to each country and, if so, how to standardize them. The issue of whether the
components of social impact assessments would be determined by donors or recipients was
also raised.
25.
With regard to access to medicines, numerous delegations pointed to impediments in
access to knowledge and intellectual property rights. In view of the difficulties in using
TRIPS flexibilities, the importance of the right to development approach to the fulfilment
of the right to health was emphasized. Access to technology played a crucial role in
development. Some stated that green technology was becoming a barrier to development,
whereas it should be generational, accessible and not a means of discrimination. Others
expressed their support for the approach taken by the task force on the importance of
intellectual property and technology for development, as well as the challenges created by
the uneven global distribution of technology and innovation. Concerns were raised about
protectionist tendencies that threatened the policy space of developing countries.
8
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