A/RES/41/128 GA

186 General Assembly-Forty-ftrst Sesslon 14. Acknowledges the vital role played by the United Nations Fund for Drug Abuse Control and calls upon Member States to contribute and/or increase their contri- butions to the Fund; 15. Requests the Secretary-General to report to the General Assembly at its forty-second session on the im- plementation ofthe present resolution under the item enti- tled "Intemational campaign against traffic in drugs". 97th plenary meeting 4 December 1986 41/128. Declaration on the right to development The General Assembly, Having considered. the questjon of the right to develop- ment, Decides to adopt the Declaration on the Right to Devel- opment, the text ofwhich is annexed to the present resolu- tion. ANNEX 97th plenary meeting 4 December 1986 Declaration on the Right to Development The General Assembly, Bearing in mind the purposes and principies of the Charter of the United Nations relating to the achievement ofinternational co-operation in solving international problems of an economic, social, cultural or humanitarian nature, and in promoting and encouraging respect for hu- man rights and fundamental freedoms for ali without distinction as to race, sex, language or religion, Recognizing that development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement ofthe well-being ofth~ entire population and of ali individuals on the ba- sis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom, Considering that under the provisions of the Universal Declaration of Human Rights2 everyone is entitled to a social and international order in which the rights and freedoms set forth in that Declaration can be fully realized, Recalling the provisions of the International Covenant on Economic, Social and Cultural Rights22 and of the International Covenant on Civil and Political Rights, 22 Reca/ling further the relevan! agreements, conventions, resolutions, recommendations and other instruments of the United Nations and its specialized agencies concerning the integral development of the human being, economic and social progress and development of ali peoples, in- cluding those instruments concerning decolonization, the preventíon of discrimination, respect for and observance of, human rights and funda- mental freedoms, the maintenance of international peace and security and the further promotion of friendly relations and co-operation among States in accordance with the Charter, Recalling the right ofpeoples to self-determination, by virtue ofwhich they have the right freely to determine their political status and to pursue their economic, social and cultural development, Reco/ling a/so the right of peoples to exercise, subject to the relevant provisions ofboth International Covenants on Human Rights,24 full and complete sovereignty over ali their natural wealth and resources, Mindful of the obligation of States under the Charter to promote uni- versal respect for and observance of human rights and fundamental free- doms for ali without distinction of any kind such as race, colour, sex, lan- guage, religion, political or other opinion, national or social origin, property, birth or other status, Considering that the elimination of the massive and flagran! violation, of the human rights of the peoples and individuals alfected by situation, such as those resulting from colonialism, neo-colonialism, apartheid, ali forms of racism and racial discrimination, foreign domination and occu- pation, aggression and thrcat, against national sovereignty, national unity and territorial integrity and threats of war would con tribute to the establishment of circumstances propitious to the development of a great part of mankind, Concerned at the existence of serious obstacles to development, as well as to the complete fulfilment of human beings and of peoples, con- stituted, in ter alia, by the denial of civil, political, economic, social and cultural rights, and considering that ali human rights and fundamental freedoms are indivisible and interdependent and that, in order to pro- mote development, equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights and that, accordingly, the promotion of, respect for and enjoyment of certain human rights and fundamental freedoms cannol justify the denial of other human rights and fundamen- tal freedoms, Considering that international peace and security are essential ele- ments for the realization of the right to development, Reaffirming that there is a close relationship between disarmament and development and that progress in the field of disarmament would considerably promote progress in the field of development and that re- sources released through disarmament measures should be devoted to the economic and social development and well-being of ali peoples and, in particular, those of the developing countries, Recognizing that the human person is the central subject of the devel- opment process and that development policy should therefore make the human being the main participan! and beneficiary of development, Recognizing that the creation of conditions favourable to the develop- ment of peoples and individuals is the primary responsibility of their States, A ware that efforts at the international leve! to promote and protect hu- man rights should be accompanied by efforts to establish a new interna- tional economic order, Confirming that the right to development is an inalienable human right and that equality of opportunity for development is a prerogative both of nations and of individuals who make up nations, Proclaims the following Declaration on the Right to Development: Artic/e I L The right to development is an inalienable human right by virtue of which every human person and ali peoples are entitled to participate in, con tribute to, and enjoy economic, social, cultural and political devel- opment, in which ali human rights and fundamental freedoms can be fully realized. 2. The human right to development also implies the full realization of the right of peoples to self-determination, which includes, subject to the relevan! provisions of both International Covenants on Human Rights, 24 the exercise of their inalienable right to full sovereignty over ali their natural wealth and resources. Article 2 1. The human person is the central subject of development and should be the active participan! and beneficiary of the right to develop- ment. 2. Ali human beings have a responsibility for development, individu- ally and collectively, taking into account the need for full respect for their human rights and fundamental freedoms as well as their duties to the community, which alone can ensure the free and complete fulfilment of the human being, and they should therefore promote and protect an ap- propriate political, social and economic order for development. 3. States have the right and the duty to formulate appropriate na- tional development policies that aim al !he constan! improvement of the well-being of the entire population and of ali individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom. Arride 3 L States have the primary responsibility for the creation of national and international conditions favourable to the realization of the right to development. 2. The realization of the right to development requires full respect for the principies of international law concerning friendly rclations and co-operation among States in accordance with the Charter nf the United Nation,. VI. Resolutions adopted on the reports of the Third Committee 187 3. States have the duty to co-operate with each other in ensuring de- velopment and climinating obstacles to development. States should real- ize their rights and fulfil their duties in such a manner as to promote a new international economic order based on sovereign equality, inter- dependence, mutual interest and co-operation among ali States, as well as to encourage the observance and realization of human rights. Artic/e 4 1. States have the duty to take steps, individually and collectively, to formulate international development policies with a view to facilitating the full realization of the right to development. 2. Sustained action is required to promote more rapid development of developing countries. As a complement to the efforts of developing countries, effective international co-operation is essential in providing these countries with appropriate means and facilities to foster their com- prehensive development. Article 5 States shall take resolute steps to eliminate the massive and flagran! vi- olations of the human rights of peoples and human beings affected by situations such as those resulting from apartheid, all forms of racism and racial discrimination, colonialism, foreign domination and occupation, aggression, foreign interference and threats against national sovereignty, national unity and territorial integrity, threats of war and refusal to recognize the fundamental right of peoples to self-determination. Article 6 l. Ali States should co-operate with a view to promoting, encourag- ing and strengthening universal respect for and observance of ali human rights and fundamental freedoms for ali without any distinction as to race, sex, language or religion. 2. Ali human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, eco- nomic, social and cultural rights. 3. States should take steps to eliminate obstacles to development re- sulting from failure to observe civil and political rights, as well as eco- nomic, social and cultural rights. Article 7 Ali States should promote the establishment, maintenance and strengthening of international peace and security and, to that end, should do their utmost to achieve general and complete disarmament under ef- fective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular that of the developing countries. Article 8 l. States should undertake, at the national level, ali necessary mea- sures for the realization of the right to development and shall ensure, in- ter alia, equality of opportunity for ali in their access to basic resources, education, health services, food, housing, employment and the fair distri- bution of income. Effective measures should be undertaken to ensure that women have an active role in the development process. Appropriate eco- nomic and social reforms should be carried out with a view to eradicating ali social injustices. 2. States should encourage popular participation in ali spheres as an important factor in development and in the full realization of ali human rights. Article 9 1. Ali the aspects of the right to development set forth in the present Declaration are indivisible and interdependent and each of them should be considered in the context of the whole. 2. Nothing in the present Dedaration shall be construed as being contrary to the purposes and principies of the U nited Nations, oras im- plying that any State, group or person ha~ a right to engage in any ac- tivity orto perform any act aimed al the violation ofthe rights set forth in the Universal Declaration of Human Rights2 and in the lnternational Covenants on Human Right,_24 Artic/e JO Steps should be taken to ensure the full exercise and progressive en- hancement of the right to development, including the formulation, adop- tion and implementation of policy, legislative and other measures at the national and intemational levels. 41/129. National institutions for the protection and pro- motion of human rights The General Assembly, Recalling its resolutions 32/123 of 16 December 1977, 33/46 of 14 December 1978, 34/49 of23 November 1979, 36/134 of 14 December 1981, 38/123 of 16 December 1983, 39/144 of 14 December 1984 and 40/123 of 13 December 1985 concerning national institutions for the protection and promotion of human rights, Mindful of the guidelines on the structure and function- ing of national and local institutions for the protection and promotion of human rights, endorsed by the General As- sembly in its resolution 33/46, Emphasizing the importance of the Universal Declara- tion of Human Rights,2 the International Covenants on Human Rights24 and other international human rights in- struments for promoting respect for and observance ofhu- man rights and fundamental freedoms, Conscious of the significant role that institutions at the national leve! can play in protecting and promoting hu- man rights and fundamental freedoms and in developing and enhancing public awareness and observance of those rights and freedoms, Welcoming the holding at Geneva, under the auspices of the United Nations, of a Seminar on the Experience of Different Countries in the Implementation of lnterna- tional Standards on Human Rights, from 20 June to l July 1983, and a Seminar on Community Relations Commis- sions and Their Functions, from 9 to 20 September 1985, and other current United Nations initiatives to assist in the development of national machinery to combat racial discrimination, I. Takes note of the report of the Secretary-General; 111 2. Emphasizes the importance of developing, in accor- dance with national legislation, effective national institu- tions for the protection and promotion of human rights, and of maintaining their independence and integrity; 3. Encourages ali Member States to take appropriate steps for the establishment or, where they already exist, the strengthening of national institutions for the protec- tion and promotion of human rights; 4. Draws attention to the constructive role that na- tional non-governmental organizations can play in the work of such national institutions; 5. Encourages ali Member States to take appropriate steps to promote the exchange of information and experi- ence concerning the establishment of such national insti- tutions; 6. Requests the Secretary-General to give due atten- tion to the role of national institutions and non- governmental organizations concerned with the protec- tion and promotion of human rights and to provide ali necessary assistance to Member States, upon their request, in the implementation of paragraphs 3 and 5 above, ac- cording high priority to the needs of developing countries; 7. Also requests the Secretary-General to continue to provide and, as appropriate, to enhance assistance in the 111 A/411464

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