A/HRC/19/70
expressly incorporate the human rights-based approach to development as an explicit and
central pillar of the post-2015 development paradigm.
26. During the ensuing interactive debate, interventions were made by the independent
expert on human rights and international solidarity, the Asian Legal Resource Centre, the
Special Rapporteur on the right to education, Social Watch, Morocco, the Institute for
Social and Economic Studies, the Association for World Citizens, the International
Movement ATD Fourth World, Algeria, the Secretariat of the African Decade of Persons
with Disabilities and Uruguay. Attention was drawn to the possibility of relying on treaty
bodies and the universal periodic review mechanism as means to seek implementation of
decisions adopted by regional human rights mechanisms, such as in the case of the
Endorois. It was underlined that the issue of the right to development could not be separated
from good governance, the anti-corruption campaign and accountability. It was discussed
whether or not there was a need for a new development framework after 2015, and what
could be done to make such a framework compliant with human rights including the right to
development. Highlighting the case of evictions in the context of major sporting events and
in the name of development and the foreign direct investment associated therewith, one
speaker stressed a need to confront this issue in parallel with challenging prevailing
neoliberal economic policies. It was specified that good-quality education also meant
education relevant to the needs of the population so as to achieve its potential to empower
people to realize their right to development. International solidarity was not only relevant in
North-South cooperation but also South-South cooperation. It was acknowledged that
policies and legislation were not sufficient for achieving the right to development.
Achieving that also required practical implementation strategies, knowledgeable personnel
and sufficient budgetary allocations.
27. In concluding remarks, the panellists argued, inter alia, that the human rights-based
approach brought deeper specificity to the right to development; it could be seen as a
framework to advocate the right to development. With regard to “public interest”, it was
suggested that a public interest analysis needed to infuse a human rights analysis. As
concerned the issue of corruption and impunity and their impact on human rights, it was
pointed out that, in cases where multilateral or bilateral donors were involved, leveraging
them could be a practical strategy for ensuring human rights compliance and seeking
accountability. In order to influence the post-MDG development framework, it was
necessary to speak with one voice for a human rights-based approach. In that context, it was
also underlined that the Millennium Declaration contained very strong human rights
language, which should be brought back to the discussions of the new development agenda.
The view was expressed that a new framework was not needed – reaffirming the
commitments made under human rights instruments would suffice. However, it was also
acknowledged that a post-2015 MDG framework was likely inevitable and thus the need to
push for express inclusions of human rights standards was crucial. The need for a
fundamental rethinking of the use of energy, consumption patterns and of economic policies
was underlined. One of the main concerns with large-scale energy projects, even if they
involved renewable forms of energy production, was that they did not often benefit the
people living in the affected areas. Such projects often involve high-levels of corruption and
lack accountability. On the question of the need for a legally binding instrument on the right
to development, the need to focus on implementation was stressed, while the debate
continued on whether a binding normative framework was required. It was recognized that
many elements of the right to development were already included in legally binding
instruments and some were already recognized as customary international law.
2.
Social justice and the right to development
28. Kudakwakshe Dube, Chief Executive Officer, Secretariat of the African Decade for
Persons with Disabilities, highlighted that development had to improve living conditions
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