A/HRC/45/40
backdrop of expanding global interdependence, it is useful to recognize the role that
financial and technical cooperation could play in advancing the right to development.
76.
While the process of development has to be nationally owned and driven by national
needs, programmes and priorities, it has to be complemented by equitable economic
relations and a favourable economic environment at the international level, including via
enhanced international cooperation on tax matters.84 At the international level, claiming the
right to development for social justice implies, inter alia, formulating sound economic
policies that foster growth with equity. It means carrying out democratic reforms of
multilateral financial institutions; making globalization inclusive; basing international
cooperation on international solidarity; removing inequities and asymmetries in global trade;
preventing corruption; eliminating tax havens, tax avoidance and tax evasion; transferring
technology; and cancelling foreign debt, at a minimum that of the least developed
countries.85
77.
The codification of the right to development is important for making such a right a
reality for everyone, especially for the poor, most vulnerable and marginalized, in order to
leave no one behind. It would be beneficial if accountability for upholding the right to
development is also focused upon in discussions leading to a legally binding instrument. 86
78.
Such an instrument will serve to nationally codify an enabling right for the respect
of other human rights and help in internationally codifying an approach towards the
reduction of inequities and the elimination of discrimination. It will also codify for the first
time a holistic and integral concept of development in a legally binding instrument and
offer an opportunity for establishing national benchmarks for the implementation of that
right.87
79.
The codification of the right to development becomes particularly relevant in the
face of challenges posed by globalization. It will provide a legal framework with the
potential to humanize the global marketplace and will reinforce international cooperation
obligations pertaining to sustainable development. 88 This acquires fresh relevance in the
context of the COVID-19 pandemic and its aftermath.
80.
The focus on Member State responsibility in human rights treaty law restricts the
integration of human rights into the international development effort and thus from
delivering on its promise of protection to those adversely affected by globalization. The
potential added value of a legally binding instrument on the right to development could also
lie in complementing the current human rights regime with such an instrument which, while
reiterating the primary responsibility of a State to protect and promote human rights, may
take inspiration from principles derived from international development cooperation,
including mutual accountability, alignment of policies among partner countries, and
inclusive international partnerships.89
81.
A legally binding instrument will serve to draw out the collective dimension of the
right to development and enable further elaboration of its collective aspects. The normative
potential of a binding instrument on the right to development relates primarily to the
external dimensions of the right, i.e., to its solidarity aspects. Translating the notion of
solidarity into a duty to cooperate and actively engage in strengthened international
partnerships in support of development would represent another noteworthy outcome of the
codification of the right to development. It may also be viewed as a sort of preventive
solidarity that reduces the vulnerability of countries to environmental crises and natural
disasters and provides greater resilience in the future.90
84
85
86
87
88
89
90
18
General statement by India at the twentieth session of the Working Group on the Right to
Development, Geneva, 29 April 2019.
Submission by Associazione Comunità Papa Giovanni XXIII.
Letter dated 29 May 2019 from Amnesty International to the secretariat of the Advisory Committee to
the Human Rights Council, Geneva.
Submission by Associazione Comunità Papa Giovanni XXIII.
Ibid.
Ibid.
Ibid.
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