A/HRC/15/23
26.
One delegation raised the issue of migration as a result of underdevelopment, which
led to people seeking better opportunities abroad to raise their living standards. A view was
also expressed that the implementation of the right to development should create conditions
in developing countries such that their citizens would not feel the need to seek opportunities
abroad. Another delegation stressed the contribution of migrant workers to development,
and suggested that this issue could be considered by the Working Group in the future.
27.
The Chairperson-Rapporteur of the task force appreciated the support of some
delegations for a results-based approach, answered questions and clarified some of the
concerns raised. He stressed that an international environment conducive to the right to
development implied responsibilities at both the national and international levels, and that it
was not helpful to downplay national policies and the use of resources, since they were
instrumental to international cooperation and assistance, respectively. Lastly, he
acknowledged that indigenous peoples and other subnational groups were beneficiaries of
the right to development.
3.
Right to development criteria
28.
In presenting the report on the right to development criteria and corresponding
operational sub-criteria (A/HRC/15/WG.2/TF/2/Add.2), the Chairperson-Rapporteur of the
task force drew attention to two significant features of the criteria. Firstly, a core norm had
been enunciated, strictly on the basis of the content of the Declaration on the Right to
Development, together with three attributes, which proposed a short definition of the right
in order to address some criticisms of its “normative indeterminacy” voiced by delegations
that had voted against resolutions on the right to development in the past. Secondly,
illustrative indicators, subject to refinement, had been provided to serve as a tool to
measure progress and assist in identifying policies and programmes that contribute to the
right to development. This approach, similar to that used for other human rights, treated this
right on a par with other human rights, as called for by the Human Rights Council and the
General Assembly in their resolutions. He then explained that the task force had wanted to
indicate for each sub-criterion the relevant levels of responsibility but, in the interest of
keeping the table manageable, had included this notion in the chapeau paragraph. Thus, the
criteria and sub-criteria involved responsibilities of: (a) States acting collectively in global
and regional partnerships; (b) States acting individually as they adopt and implement
policies that affect persons not strictly within their jurisdiction; and (c) States acting
individually as they formulate national development policies and programmes affecting
persons within their jurisdiction. The criteria should therefore not be seen as reflecting an
emphasis on the national at the expense of the international dimension, since almost all of
them involved the obligations of States acting collectively and internationally. Very few —
such as effective taxation policies — were exclusively national, whereas most — such as
public expenditure on health or education by developing countries — involved resource
constraints over which developed countries exerted considerable influence.
29.
Bangladesh, Canada, Côte d’Ivoire, Cuba, Egypt (on behalf of the Non-Aligned
Movement), the European Union, India, Indonesia, Ireland, Nigeria, Norway, Pakistan (on
behalf of the Organization of the Islamic Conference), the Philippines, Senegal and the
United States of America took the floor to express their views on the criteria, sub-criteria
and indicators. Interventions were also made by observer representatives of the Indigenous
Peoples and Nations Coalition, the International Council for Human Rights and the Indian
Council for South America, Cercle de recherche sur les droits at les devoirs de la personne
humaine, 3D Trade-Human Rights-Equitable Economy and Nord-Sud XXI. With regard to
the overarching approach, one delegation saw the right to development as a way of
improving the well-being of the human person; more specifically, not only satisfying basic
human needs but also fulfilling the potential of human beings through the realization of all
human rights. It was not possible to have development without all human rights, and human
GE.10-14167
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents