A/HRC/45/21
A.
Support for the Working Group on the Right to Development
8.
During the intersessional period of the Working Group on the Right to Development,
OHCHR supported the Chair-Rapporteur in the effective implementation of his mandated
tasks, which included informal consultations with delegations, United Nations agencies,
non-governmental organizations and other relevant stakeholders, and presentation of the
report of the Working Group to the Human Rights Council and the General Assembly, in
September and October 2019, respectively.4
9.
At its thirty-ninth session, the Human Rights Council decided that the ChairRapporteur of the Working Group should prepare a draft legally binding instrument on the
right to development to serve as a basis for substantive negotiations commencing at its
twenty-first session. 5 Consequently, in consultation with the Chair-Rapporteur, OHCHR
established a group composed of five experts with equitable gender and geographical
representation to prepare a draft, including commentaries. The drafting group comprised
Diane Desierto (Philippines), Koen de Feyter (Belgium), Makane Moïse Mbengue
(Senegal), Margarette May Macaulay (Jamaica) and Mihir Kanade (India). In October 2019,
the members of the drafting group met at United Nations Headquarters and drew up an
initial draft of the convention on the right to development.
10.
Thereafter, OHCHR invited relevant human rights experts representing all regions to
review the draft and provide feedback. Comments and suggestions were received from
Aslan Abashidze (Russian Federation), Carlos María Correa (Argentina), Cosmin Corendea
(Romania), Obiora Okafor (Nigeria), Olivier de Schutter (Belgium) and Xigen Wang
(China). After considering these inputs, the drafting group finalized a “zero draft” and
submitted it, with accompanying commentaries, to the Chair-Rapporteur in December 2019.
Following review and endorsement of the text 6 by the Chair-Rapporteur, the draft
convention and commentaries7 were submitted to the Working Group for consideration at
its twenty-first session, which has been postponed to 2–6 November 2020.
B.
Support for the Special Rapporteur on the right to development and
other special procedure mandate holders of the Human Rights Council
11.
The Special Rapporteur on the right to development submitted a report to the Human
Rights Council 8 in which he presented guidelines and recommendations on the practical
implementation of the right to development drawing from regional consultations held in
2018 and 2019 pursuant to Council resolution 36/9. In his report, the Special Rapporteur
focused on meaningful participation in setting development priorities and enjoying
development benefits, inclusive and sustainable methods of mobilizing resources for
development, monitoring and evaluation of development policies, and accountability
measures.
12.
In November 2019, the Special Rapporteur presented to the General Assembly a
report exploring the explicit links between the right to development, sustainable
development and disaster risk reduction, 9 including key recommendations aimed at
improving the participatory processes related to planning, monitoring and implementing
disaster risk reduction measures and policies.
13.
The Special Rapporteur participated in several activities, including: a meeting of the
Advisory Committee of the Human Rights Council on the possibilities of utilizing nonrepatriated illicit funds (Geneva, October 2018); a consultation on the realization of the
right to development in the Association of Southeast Asian Nations Community (Jakarta,
November 2019); and an open-ended discussion organized by the Movement of NonAligned Countries on achieving the practical implementation of the right to development
4
5
6
7
8
9
A/HRC/42/35.
Resolution 39/9, para. 17 (f).
A/HRC/WG.2/21/2.
A/HRC/WG.2/21/2/Add.1.
A/HRC/42/38.
A/74/163.
3
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