INTERNATIONAL SOLIDARITY, THE RIGHT TO DEVELOPMENT AND THE MILLENNIUM DEVELOPMENT GOALS. Virginia B. Dandan

Similar documents
standards. Human rights must, therefore, inform all relevant national policy- making processes.

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/65/456/Add.2 (Part II))]

Draft declaration on the right to international solidarity a

First World Summit for the People of Afro Decent

WORKING GROUP OF EXPERTS ON PEOPLE OF AFRICAN DESCENT

STATEMENT BY MR. OBIORA C. OKAFOR INDEPENDENT EXPERT ON HUMAN RIGHTS AND INTERNATIONAL SOLIDARITY

Economic and Social Council

SEMINAR ON GOOD GOVERNANCE PRACTICES FOR THE PROMOTION OF HUMAN RIGHTS Seoul September 2004

CLOSING STATEMENT H.E. AMBASSADOR MINELIK ALEMU GETAHUN, CHAIRPERSON- RAPPORTEUR OF THE 2011 SOCIAL FORUM

Chapter 1. The Millennium Declaration is Changing the Way the UN System Works

Human Rights Council. Resolution 7/14. The right to food. The Human Rights Council,

United Nations Conference on Trade and Development

ICPD PREAMBLE AND PRINCIPLES

I feel at home here in this Pontifical Council and with this major event.

Convention on the Elimination of All Forms of Discrimination against Women

15th Asia and the Pacific Regional Meeting Kyoto, Japan, 4 7 December 2011

55/2. United Nations Millennium Declaration

Republic of Korea's Comments on the Zero Draft of the Post-2015 Outcome Document

Human Rights Council

Commission on Population and Development Forty-seventh session

Report of the Chairperson-Rapporteur of the Working Group on the Right to Development pursuant to Human Rights Council resolution 15/25

Recalling the outcomes of the World Summit for Social Development 1 and the twenty-fourth special session of the General Assembly, 2

16827/14 YML/ik 1 DG C 1

1 von :44

A Draft of the Co-operative Charter 1. Preamble

REPORT BY THE DIRECTOR-GENERAL ON THE ACTIVITIES CARRIED OUT TO CELEBRATE THE 60TH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS OUTLINE

KUALA LUMPUR DECLARATION ON CONTINUING THE REVITALISATION OF THE NON-ALIGNED MOVEMENT

INFORMAL ENGLISH TRANSLATION. Preliminary draft of the United Nations Declaration on Human Rights Education and Training

Why the human rights approach to HIV/AIDS makes all the difference. Marianne Haslegrave Director, Commat

Goal 1: By 2030, eradicate poverty for all people everywhere, currently measured as people living on less than $1.25 a day

Revisiting Socio-economic policies to address poverty in all its dimensions in Middle Income Countries

Views expressed by the UNCTAD Secretariat on the right to development criteria and operational sub-criteria

Universal Rights and Responsibilities: The Universal Declaration of Human Rights and the Earth Charter. By Steven Rockefeller.

TENTATIVE CHAIR S NOTE POST-MDGS CONTACT GROUP -SUMMARY & FRAMING QUESTIONS- SEPTEMBER 2012

Cultural Activities at the United Nations Office at Geneva

Diversity of Cultural Expressions

The Overarching Post 2015 Agenda - Council conclusions. GE ERAL AFFAIRS Council meeting Luxembourg, 25 June 2013

The Reality of Aid 2014 Report Theme Statement: Partnerships and the Post-MDGs

Country Statement. By Prof. Dr. Fasli Jalal Chairman of the National Population and Family Planning Agency Republic of Indonesia

Basic Texts. of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2017 EDITION

and corrigendum (E/2005/27 and Corr.1), chap. I.A. 2 See General Assembly resolution 60/1.

For a Universal Declaration of Democracy

SECURE LAND RIGHTS FOR THE ACHIEVEMENT OF GENDER EQUALITY AND THE EMPOWERMENT OF RURAL WOMEN AND GIRLS IN THE AGREED CONCLUSIONS

11559/13 YML/ik 1 DG C 1

SOCIAL CHARTER OF THE AMERICAS. (Adopted at the second plenary session, held on June 4, 2012, and reviewed by the Style Committee)

Ireland in the World:

AG/DEC. 60 (XXXIX-O/09) DECLARATION OF SAN PEDRO SULA: TOWARD A CULTURE OF NON-VIOLENCE. (Adopted at the fourth plenary session, held on June 4, 2009)

The opening issue : Issue No. 1 First Year June 2014

III. Good governance and the MDGs

THE MAASTRICHT GUIDELINES ON VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Speech by H.E. Marie-Louise Coleiro Preca, President of Malta. Formal Opening Sitting of the 33rd Session of the Joint Parliamentary Assembly ACP-EU

CSOs on the Road to Busan: Key Messages and Proposals. January 2011

SYNOPSIS. Introduction. A vision for change

Inter-Regional Expert Group Meeting Placing Equality at the Center of Agenda Santiago de Chile, June 2018

Climate and Conservation With Justice: People, Planet, Power

Eradication of poverty and other development issues: women in development

Overview Paper. Decent work for a fair globalization. Broadening and strengthening dialogue

Development Goals and Strategies

INTER-PARLIAMENTARY UNION 122 nd Assembly and related meetings Bangkok (Thailand), 27 th March - 1 st April 2010

EU input to the UN Secretary-General's report on the Global Compact for Safe, Orderly and Regular Migration

Does the Earth Charter Support Socialism?

UPDATE ON ANNIVERSARY ACTIVITIES BY MR. CRAIG MOKHIBER CHIEF, DEVELOPMENT AND ECONOMIC AND SOCIAL ISSUES BRANCH

A Human Rights Based Approach to Development: Strategies and Challenges

18 April 2018 ORIGINAL: ENGLISH Second meeting of the Forum of the Countries of Latin America and the Caribbean on Sustainable Development

Concluding Remarks of Co- Chairs 6 th Session of Open Working Group on Sustainable Development Goals Friday, 13 December 2013

Official Journal of the European Communities C 165/23

Concluding Remarks by the President of ECOSOC

PERMANENT MISSION OF THE REPUBLIC OF SIERRA LEONE TO THE UNITED NATIONS

A/HRC/35/35. General Assembly. United Nations. Report of the Independent Expert on human rights and international solidarity

THE WAY FORWARD CHAPTER 11. Contributed by the Organisation for Economic Co-operation and Development and the World Trade Organization

Universal Declaration on Bioethics and Human Rights *

ORGANIZATION OF AMERICAN STATES

분쟁과대테러과정에서의인권보호. The Seoul Declaration

Economic and Social Council

A Human Rights Framework for Development Assistance

For a Universal Declaration of Democracy. A. Rationale

This [mal draft is under silence procedure until Friday 14 September 2018 at 2:00p.m.

LIVING TOGETHER IN INCLUSIVE SOCIETIES: A CHALLENGE AND A GOAL APRIL 2016 BAKU, AZERBAIJAN

PARIS, 20 February 2009 Original: English

The present document is distributed for information purposes only and aims neither to interpret nor to complement the Convention on the Protection

Basic Texts. of the 2005 Convention on the Protection and Promotion of the Diversity of. Cultural Expressions 2015 EDITION.

The above definition may be amplified at national and/or regional levels.

The Potential Role of the UN Guidelines and the new ILO Recommendation on the Promotion of Cooperatives

It is a distinct honor for me to participate in this landmark Conference.

OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS. The right to education

Human Rights-Based Approach to Poverty Reduction Analytical Linkages, Practical Work and UNDP. Ubicación: 1-7

STATEMENT BY. H.E. Mr. LUBOMÍR ZAORÁLEK Minister of Foreign Affairs of the Czech Republic

RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY. [without reference to a Main Committee (A/53/L.79)]

Country programme for Thailand ( )

INTER-PARLIAMENTARY UNION 122 nd Assembly and related meetings Bangkok (Thailand), 27 th March - 1 st April 2010

The Power of. Sri Lankans. For Peace, Justice and Equality

SOCIAL POLICY BRIEF GENDER MAINSTREAMING IN YOUTH STRATEGIES ISSUE NO. 5

INTERACTIVE EXPERT PANEL. Challenges and achievements in the implementation of the Millennium Development Goals for women and girls

Five Lessons I learnt

Contributions to the 2030 Agenda for Sustainable Development

CONCLUSIONS OF THE ELEVENTH WORKSHOP ON REGIONAL COOPERATION FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN THE ASIA-PACIFIC REGION

OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

Applying a Human Rights-Based Approach to Development Work in Rwanda

RIGHT TO EDUCATION WITHOUT DICRIMINATION

THE GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA Peace, Security and Stability as Preconditions for Sustainable Development

Transcription:

INTERNATIONAL SOLIDARITY, THE RIGHT TO DEVELOPMENT AND THE MILLENNIUM DEVELOPMENT GOALS by Virginia B. Dandan UN Independent Expert on Human Rights and International Solidarity In the 1970s, Karel Vasak launched a new category of human rights, called solidarity rights. Solidarity rights sought to infuse the human dimension into areas where it had been missing, such as development. 1 We remember the jurist Karel Vasak for his proposal in 1979 regarding the division of human rights into three generations that follow the three watchwords of the French Revolution: liberte, egalite, fraternite. In other words, first generation human rights deal essentially with liberty and are fundamentally civil and political in nature that serve to protect the individual from excesses of the State. Second generation human rights are fundamentally economic, social and cultural in nature and are positive rights that the State is required to fulfil for people under its jurisdiction based on equal treatment and conditions. Third generation human rights focus essentially on fraternity and in general terms can be seen as rights of solidarity, covering group or collective rights. I cite this not to spark a debate in this forum on the question of the three generations of rights but merely to refresh our memory about who Karel Vasak is. The more important aspect is that he talked about how solidarity rights infuse the human dimension into areas where it has been missing, such as development and at 1 De Feyter, Koen. Human Rights in the Age of the Market. Manila: IBON Books, 2005. P. 111. 1

that time, the Declaration on the Right to Development was not yet in existence, and neither was the Millennium Declaration. This year we celebrate the 25 th anniversary of the Declaration on the Right to Development and in another four short years in 2015, we will revisit each of the MDGs to see whether States have lived up to their commitments. The aim of the Millennium Declaration is to direct development efforts of all relevant actors towards the realization of agreed goals. UNDP has described the declaration as a compact among nations to end human poverty. In this regard, it can be said that the Millennium Declaration is the closest the international community has come to organizing international solidarity for achieving a number of human rights-related goals. One can also read the declaration cynically. For example, the right to primary education compulsory and truly free, is immediately applicable under the International Covenant on Economic, Social and Cultural Rights, while the Millennium Declaration states its achievement by 2015 as simply a target. But it must be said that at least the declaration gives recognition to the fact that an international effort by various actors will be required if even very basic levels of satisfaction of what are in fact economic, social and cultural rights, are to be achieved within the prescribed timeframe. In his final report to the Human Rights Council, the former Independent Expert on Human Rights and International Solidarity, my predecessor Mr. Rudi Muhammad Rizki, summarizes the answers to the questionnaire on human rights and international solidarity he had sent to States, UN departments and bodies, specialized agencies, other international organizations, non-governmental organizations and special procedures mandate holders of the Human Rights Council. In his conclusion in the same report, Mr. Rizki underlines the value and significance of international solidarity in an interdependent world, and how it may 2

eventually guide the progressive development of international law on human rights and international solidarity. Mr. Rizki reported that in the responses to his questionnaire, several respondents viewed international solidarity and the right to development as complimentary and mutually reinforcing. International solidarity should be an indispensable component of efforts to realize the right to development, which could help to lessen the gap between developed and developing countries by buttressing rhetoric and declarations with tangible actions. He further reported the view by some respondents that the right to development mandates fostering just global social and economic arrangements and a sense of human solidarity among all peoples. He notes however that international relations are still subject to the law of the strong and powerful in economic and military terms and that ttempts to exercise pressure on other countries pose a challenge that requires international cooperation. Reading the MDG8, to create a global partnership for development, side by side with the other MDGs will sharpen our recognition of the impact of MDG8 on all the other MDGs, in particular MDG1, to eradicate extreme poverty and hunger. Target 8a of MDG8, is to develop further an open, rule-based, predictable, nondiscriminatory trading and financial system includes a commitment to good governance, development and poverty reduction, both nationally and internationally. Target 8b is to address the special needs of the least developed countries through, among a list of other things, a more generous ODA for countries committed to poverty reduction. Target 8c is to address special needs of landlocked developing countries and small developing States. Target 8d is to deal comprehensively with the debt problems of developing countries through national and international measures in order to make debt sustainable in the long term. All 3

these targets under MDG8 speak to poverty eradication, in the short-run and in the long-run, at the national and international levels. The MDGs begin with the worldwide phenomenon of poverty, and ends with global partnership. In between are goals addressing situations that are related to poverty as either cause or consequence. I find it symbolic that the last MDG is about global partnership for development. My own thinking is that without global partnership the MDGs will continue to elude the world community. The term global partnership can refer to either bilateral or multilateral relations. Global partnership has to do with international cooperation and international assistance. Global partnership also has to do with international solidarity. But exactly to what extent it is, is among the list I have just begun to compile, of essential issues I have yet to consider, and hopefully, with your help and support. In going back to the issue of poverty, it is regrettable that the human rights dimensions of poverty eradication policies rarely receive the attention they deserve. This neglect is even more regrettable for the fact that a human rights approach to poverty can reinforce anti-poverty strategies to make them more effective, whether in the national or international level. I say this in the light of my experience as member of the Committee on Economic, Social and Cultural rights. In May 2001 the CESCR adopted a statement on poverty and economic, social and cultural rights. In that statement, the Committee expressed its firm view that poverty constitutes a denial of human rights. This view arose in the context of the Committee s experience gained over many years of examining numerous States parties reports, where the issue of poverty frequently arises in the course of the Committee s dialogue with States. The statement did not seek to formulate a detailed anti-poverty programme or plan of action, but to identify concisely the distinctive contribution of international human rights to poverty eradication. 4

The Committee calls attention in the statement, to the reality that poverty is not confined to developing countries and societies in transition, and therefore it is a global phenomenon experienced in varying degrees by all States. Many developed States have impoverished groups, such as minorities or indigenous peoples, within their jurisdictions. Also, within many rich countries there are rural and urban areas where people live in appalling conditions pockets of poverty amid wealth. In all States, women and girls bear a disproportionate burden of poverty, and children growing up in poverty are often permanently disadvantaged. In the Committee s view, the greater empowerment of women in particular is an essential precondition for the eradication of global poverty. Although human rights are not a panacea, they can help to equalize the distribution and exercise of power within and between societies. In the recent past, poverty was often defined as insufficient income to buy a minimum basket of goods and services. Today, the term is usually understood more broadly as the lack of basic capabilities to live in dignity. This definition recognizes poverty s broader features, such as hunger, low-quality education, discrimination, vulnerability and social exclusion, and this understanding of poverty corresponds to the provisions of the ICESCR. The Covenant empowers those who live in poverty, by enshrining their rights within normative frameworks and imposing legal obligations on others, such as States, to respect, protect and fulfil those rights. Critically, rights and obligations demand accountability and unless supported by a system of accountability, they can become no more than window dressing. Accordingly, the human rights approach to poverty emphasizes obligations and requires that all duty-holders, including States and international organizations, are held to account for their conduct in relation to international human rights law. In its General Comment No. 14, the Committee emphasizes that 5

it is particularly incumbent on all those in a position to assist, to provide international assistance and cooperation, especially economic and technical to enable developing countries to fulfil their minimum, essential core obligations. Core obligations give rise to national responsibilities for all States and international responsibilities for developed States, as well as others that are in a position to assist. Core obligations are non-derogable, as they continue to exist even in situations of conflict, emergency and natural disaster. Because poverty is a global phenomenon, core obligations have great relevance to some individuals and communities living in the richest States. In the Committee s view, it is imperative that measures be urgently taken to remove these global structural obstacles, such as unsustainable foreign debt, the widening gap between rich and poor, and the absence of an equitable multilateral trade, investment and financial system. Otherwise, the national anti-poverty strategies of some States have limited chance of sustainable success. 2 You will notice that these global structural obstacles the Committee refers to, are the very same MDGs, particularly MDG8. In this regard, the Declaration on the Right to Development, in article 3.3. similarly underscores how States have the duty to cooperate with each other in ensuring development and eliminating obstacles to development. States should realize their rights and fulfil their duties in such a manner as to promote a new international economic order based on sovereign equality, interdependence, mutual interest and cooperation among all States, as well as to encourage the observance and realization of human rights. I am deliberately taking the time to speak of the ICESCR and the work of the Committee so as to articulate how the MDGs are directly linked to the 2 For the full text of the CESCR Statement on Poverty and Economic, Social and Cultural Rights, see E/C.12/2001/10. 6

provisions of the Covenant, as well as to call attention to how our aspirations for a better world resonate with already existing norms contained in at least one international human rights treaty. I have just assumed the mandate of international solidarity and it is my intention to pick up where my predecessor left off, and to apply the experience I have gained as member of the CESCR for twenty years, eight years of which I had the privilege of being its Chairperson. Yesterday at the interactive dialogue with the HRC, I declared my commitment to deliver the draft declaration on the right of peoples and individuals to international solidarity by the end of my term in 2014. In preparation for that, a workshop will be held next year on guidelines and principles in relation to that right. I warmly invite your participation in that workshop. In conclusion I share with you my vision that solidarity far exceeds the sense of a common bond that is rightfully synonymous with solidarity. Solidarity is a persuasion that combines differences and opposites, holds them together into one heterogeneous whole, and nurtures it with the universal values of human rights. International solidarity therefore does not seek to homogenize but rather, to be the bridge across those differences and opposites, connecting to each other diverse peoples and countries with their heterogeneous interests, in mutually respectful, beneficial and reciprocal relations, imbued with the principles of human rights, equity and justice. Solidarity implies a building process based on faith in each other. Great thinkers and philosophers through the ages teach us that we see the world only as we think it to be. In other words, the world that we see is but a mirror of what is in our mind, and not of what the world is in reality. We must first think of some thing before we see that some thing in our world. This means that to be able to see solidarity, we must first think solidarity. As a matter of fact, the right to 7

international solidarity already exists and it is a question of recognition rather than invention. Our primary task therefore is to open our minds to the idea of the right to international solidarity so that perhaps as we think and work together in oneness, we will indeed behold the right to international solidarity, and realize that it has been there all along. I thank you for your support for my mandate, and for your generous attention in listening to my words. It is with great expectations and gratitude from the heart, that I look forward to our collaboration, in solidarity. ------------------------------------------------------------------------------ 8