A/HRC/45/40
VII. Conclusions
82.
A legally binding instrument on the right to development would create an enabling
environment for development and more favourable conditions for all human rights. It would
facilitate a holistic approach to addressing the systemic and structural causes of poverty;
strengthen the basis for inclusive growth with due attention to the rights of the poor,
vulnerable and marginalized; help reduce discrimination; promote gender equality and the
empowerment of women; and serve to reaffirm the principles of self-determination and full
sovereignty over natural wealth and resources. It could be expected to enhance friendly ties
between States parties and to boost international solidarity and cooperation, especially in
areas of special concern to developing countries, in particular to landlocked developing
countries, least developed countries and small island developing States, through measures
such as:
(a)
Extending official development assistance;
(b)
Enhancing access to science, technology and innovation;
(c)
Providing technology transfer on preferential and concessional terms;
(d)
Capacity-building;
(e)
Promoting a universal, open, rules-based, non-discriminatory and equitable
trading system;
(f)
Enhancing policy and institutional coherence;
(g)
Putting in place long-term debt sustainability.
83.
Securing lasting progress through the implementation of the right to development
would also require clean and good governance and effective development policies at the
national level, in addition to equitable economic relations and a favourable and supportive
economic environment at the international level.
84.
All Member States have a duty to cooperate in eliminating obstacles to development.
In this context, international cooperation has a very important role to play in advancing the
right to development and its realization. The realization of that right would, in turn,
strengthen and revitalize the global partnership for development.
85.
The early implementation and realization of the right to development acquires a
renewed urgency in view of the multidimensional challenge to eradicating extreme poverty
and meeting Sustainable Development Goal timelines arising from the COVID-19
pandemic, and the contemporary threats posed by potential climate disruption and
biodiversity decline.
86.
As development is a dynamic concept, its reflection in a legally binding instrument
would need to appropriately balance the inalienable core aspects of development while
retaining the flexibility of its future adaptation in a changing world.
87.
The codification of the right to development in a legally binding instrument, and the
possible setting up of a new treaty body associated with it, would help channel and provide
coherence to efforts by the world community to build an international economic, social,
environmental and legal order conducive to the full realization of all human rights,
especially the right to development.
88.
A legally binding instrument on the right to development should be balanced and
flexible, encourage a strong multilateral approach and be pitched at a level that would
facilitate its acceptance by a sufficient number of Member States.
89.
Early codification of a legally binding instrument on the right to development would
be an important step in the right direction and would contribute to more effectively meeting
the challenge of securing for all – present and future generations alike – a life of dignity in
a clean, safe, secure and healthy environment.
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