A/RES/64/172 GA

United Nations A/RES/64/172 General Assembly Distr.: General 24 March 2010 Sixty-fourth session Agenda item 69 (b) 09-47215 *0947215* Please rec cle ♲ Resolution adopted by the General Assembly on 18 December 2009 [on the report of the Third Committee (A/64/439/Add.2 (Part II))] 64/172. The right to development The General Assembly, Guided by the Charter of the United Nations, which expresses, in particular, the determination to promote social progress and better standards of life in larger freedom and, to that end, to employ international mechanisms for the promotion of the economic and social advancement of all peoples, Recalling the Universal Declaration of Human Rights,0F 1 as well as the International Covenant on Civil and Political Rights1F2 and the International Covenant on Economic, Social and Cultural Rights, 0H2 Recalling also the outcomes of all the major United Nations conferences and summits in the economic and social fields, Recalling further that the Declaration on the Right to Development, adopted by the General Assembly in its resolution 41/128 of 4 December 1986, confirmed 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, and that the individual is the central subject and beneficiary of development, Stressing that the Vienna Declaration and Programme of Action2F3 reaffirmed the right to development as a universal and inalienable right and an integral part of fundamental human rights, and the individual as the central subject and beneficiary of development, Reaffirming the objective of making the right to development a reality for everyone, as set out in the United Nations Millennium Declaration, adopted by the General Assembly on 8 September 2000, 3F4 _______________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 A/CONF.157/24 (Part I), chap. III. 4 See resolution 55/2. A/RES/64/172 2 Deeply concerned that the majority of indigenous peoples in the world live in conditions of poverty, and recognizing the critical need to address the negative impact of poverty and inequity on indigenous peoples by ensuring their full and effective inclusion in development and poverty eradication programmes, Reaffirming the universality, indivisibility, interrelatedness, interdependence and mutually reinforcing nature of all civil, cultural, economic, political and social rights, including the right to development, Expressing deep concern over the lack of progress in the trade negotiations of the World Trade Organization, and reaffirming the need for a successful outcome of the Doha Development Round in key areas such as agriculture, market access for non-agricultural products, trade facilitation, development and services, Recalling the outcome of the twelfth session of the United Nations Conference on Trade and Development, held in Accra from 20 to 25 April 2008, on the theme “Addressing the opportunities and challenges of globalization for development”,4F5 Recalling also all its previous resolutions, Human Rights Council resolution 12/23 of 2 October 2009, 5F6 previous resolutions of the Council and those of the Commission on Human Rights on the right to development, in particular Commission resolution 1998/72 of 22 April 19986F 7 on the urgent need to make further progress towards the realization of the right to development as set out in the Declaration on the Right to Development, Welcoming the outcome of the tenth session of the Working Group on the Right to Development of the Human Rights Council, held in Geneva from 22 to 26 June 2009, as contained in the report of the Working Group 7F8 and as referred to in the report of the Secretary-General,8F9 Recalling the Fifteenth Summit Conference of Heads of State and Government of the Movement of Non-Aligned Countries, held in Sharm el-Sheikh, Egypt, from 11 to 16 July 2009, and the previous summits and conferences at which the States members of the Movement stressed the need to operationalize the right to development as a priority, Reiterating its continuing support for the New Partnership for Africa’s Development 9F10 as a development framework for Africa, Deeply concerned by the negative impacts of the global economic and financial crises on the realization of the right to development, Recognizing that poverty is an affront to human dignity, Recognizing also that extreme poverty and hunger are the greatest global threat that requires the collective commitment of the international community for its eradication, pursuant to millennium development goal 1, and therefore calling upon the international community, including the Human Rights Council, to contribute towards achieving that goal, _______________ 5 See TD/442 and Corr.1. 6 See A/HRC/12/50, part one, chap. I. 7 See Official Records of the Economic and Social Council, 1998, Supplement No. 3 (E/1998/23), chap. II, sect. A. 8 A/HRC/12/28. 9 A/64/256. 10 A/57/304, annex. A/RES/64/172 3 Recognizing further that historical injustices have undeniably contributed to the poverty, underdevelopment, marginalization, social exclusion, economic disparity, instability and insecurity that affect many people in different parts of the world, in particular in developing countries, Stressing that poverty eradication is one of the critical elements in the promotion and realization of the right to development and that poverty is a multifaceted problem that requires a multifaceted and integrated approach in addressing economic, political, social, environmental and institutional dimensions at all levels, especially in the context of the millennium development goal of halving, by 2015, the proportion of the world’s people whose income is less than one dollar a day and the proportion of people who suffer from hunger, 1. Endorses the conclusions and recommendations adopted by consensus by the Working Group on the Right to Development of the Human Rights Council at its tenth session,1H8 and calls for their immediate, full and effective implementation by the Office of the United Nations High Commissioner for Human Rights and other relevant actors; 2. Supports the realization of the mandate of the Working Group, as renewed by the Human Rights Council in its resolution 9/3 of 24 September 2008,10F11 with the recognition that the Working Group will convene annual sessions of five working days and submit its reports to the Council; 3. Also supports the realization of the mandate of the high-level task force on the implementation of the right to development established within the framework of the Working Group, as renewed by the Human Rights Council in its resolution 9/3, with the further recognition that the task force will convene annual sessions of seven working days and submit its reports to the Working Group; 4. Emphasizes the relevant provisions of General Assembly resolution 60/251 of 15 March 2006 establishing the Human Rights Council, and in this regard calls upon the Council to implement the agreement to continue to act to ensure that its agenda promotes and advances sustainable development and the achievement of the Millennium Development Goals, and also in this regard to lead to raising the right to development, as set out in paragraphs 5 and 10 of the Vienna Declaration and Programme of Action, 2H3 to the same level as and on a par with all other human rights and fundamental freedoms; 5. Notes with appreciation that the high-level task force, at its second meeting, examined millennium development goal 8, on developing a global partnership for development, and suggested criteria for a periodic evaluation with the aim of improving the effectiveness of global partnership with regard to the realization of the right to development; 1F12 6. Endorses the recommendations of the Working Group, as outlined in paragraphs 44 to 46 of its report, 3H8 which would ensure that the right to development criteria and corresponding operational sub-criteria, to be submitted by the high-level task force to the Working Group at its eleventh session in 2010, together with suggestions for further work, address, in a comprehensive and coherent manner, the _______________ 11 See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53A (A/63/53/Add.1), chap. I. 12 See E/CN.4/2005/WG.18/TF/3. A/RES/64/172 4 essential features of the right to development, as defined in the Declaration on the Right to Development, 12F 13 including the priority concerns of the international community beyond those enumerated in millennium development goal 8; 7. Stresses that the above-mentioned criteria and corresponding operational sub-criteria, once considered, revised and endorsed by the Working Group, should be used, as appropriate, in the elaboration of a comprehensive and coherent set of standards for the implementation of the right to development; 8. Emphasizes the importance, upon completion of the workplan of the high-level task force for the period 2008–2010, 13F14 endorsed by the Human Rights Council in its resolution 9/3, of the Working Group taking appropriate steps to ensure respect for and practical application of the above-mentioned standards, which could take various forms, including the elaboration of guidelines on the implementation of the right to development, and which could evolve into a basis for consideration of an international legal standard of a binding nature, through a collaborative process of engagement; 9. Stresses the importance of the core principles contained in the conclusions of the Working Group at its third session,14F15 congruent with the purpose of international human rights instruments, such as equality, non-discrimination, accountability, participation and international cooperation, as critical to mainstreaming the right to development at the national and international levels, and underlines the importance of the principles of equity and transparency; 10. Also stresses that it is important that the high-level task force and the Working Group, in the discharge of their mandates, take into account the need: (a) To promote the democratization of the system of international governance in order to increase the effective participation of developing countries in international decision-making; (b) To also promote effective partnerships such as the New Partnership for Africa’s Development4H10 and other similar initiatives with the developing countries, particularly the least developed countries, for the purpose of the realization of their right to development, including the achievement of the Millennium Development Goals; (c) To strive for greater acceptance, operationalization and realization of the right to development at the international level, while urging all States to undertake at the national level the necessary policy formulation and to institute the measures required for the implementation of the right to development as an integral part of fundamental human rights, and also urging all States to expand and deepen mutually beneficial cooperation in ensuring development and eliminating obstacles to development in the context of promoting effective international cooperation for the realization of the right to development, bearing in mind that lasting progress towards the implementation of the right to development requires effective development policies at the national level and a favourable economic environment at the international level; (d) To consider ways and means to continue to ensure the operationalization of the right to development as a priority; _______________ 13 Resolution 41/128, annex. 14 See A/HRC/9/17, para. 43. 15 See E/CN.4/2002/28/Rev.1, sect. VIII.A. A/RES/64/172 5 (e) To mainstream the right to development in the policies and operational activities of the United Nations and the specialized agencies, funds and programmes, as well as in the policies and strategies of the international financial and multilateral trading systems, bearing in mind in this regard that the core principles of the international economic, commercial and financial spheres, such as equity, non-discrimination, transparency, accountability, participation and international cooperation, including effective partnerships for development, are indispensable in achieving the right to development and preventing discriminatory treatment arising from political or other non-economic considerations in addressing the issues of concern to the developing countries; 11. Encourages the Human Rights Council to consider how to ensure follow-up to the work of the former Subcommission on the Promotion and Protection of Human Rights on the right to development, in accordance with the relevant provisions of the resolutions adopted by the General Assembly and the Commission on Human Rights and in compliance with decisions to be taken by the Council; 12. Invites Member States and all other stakeholders to participate actively in future sessions of the Social Forum, while recognizing the strong support extended to the Forum at its first four sessions by the Subcommission on the Promotion and Protection of Human Rights; 13. Reaffirms the commitment to implement the goals and targets set out in all the outcome documents of the major United Nations conferences and summits and their review processes, in particular those relating to the realization of the right to development, recognizing that the realization of the right to development is critical to achieving the objectives, goals and targets set in those outcome documents; 14. Also reaffirms that the realization of the right to development is essential to the implementation of the Vienna Declaration and Programme of Action, which regards all human rights as universal, indivisible, interdependent and interrelated, places the human person at the centre of development and recognizes that, while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights; 15. Stresses that the primary responsibility for the promotion and protection of all human rights lies with the State, and reaffirms that States have the primary responsibility for their own economic and social development and that the role of national policies and development strategies cannot be overemphasized; 16. Reaffirms the primary responsibility of States to create national and international conditions favourable to the realization of the right to development, as well as their commitment to cooperate with each other to that end; 17. Also reaffirms the need for an international environment that is conducive to the realization of the right to development; 18. Stresses the need to strive for greater acceptance, operationalization and realization of the right to development at the international and national levels, and calls upon States to institute the measures required for the implementation of the right to development as an integral part of fundamental human rights; 19. Emphasizes the critical importance of identifying and analysing obstacles impeding the full realization of the right to development at both the national and the international levels; A/RES/64/172 6 20. Affirms that, while globalization offers both opportunities and challenges, the process of globalization remains deficient in achieving the objectives of integrating all countries into a globalized world, and stresses the need for policies and measures at the national and global levels to respond to the challenges and opportunities of globalization if this process is to be made fully inclusive and equitable; 21. Recognizes that, despite continuous efforts on the part of the international community, the gap between developed and developing countries remains unacceptably wide, that most of the developing countries continue to face difficulties in participating in the globalization process and that many risk being marginalized and effectively excluded from its benefits; 22. Expresses its deep concern, in this regard, at the negative impact on the realization of the right to development owing to the further aggravation of the economic and social situation, in particular of developing countries, as a result of the ongoing international energy, food and financial crises as well as global climate change; 23. Underlines the fact that the international community is far from meeting the target set in the United Nations Millennium Declaration5H4 of halving the number of people living in poverty by 2015, reaffirms the commitment made to meet that target, and emphasizes the principle of international cooperation, including partnership and commitment, between developed and developing countries towards achieving the goal; 24. Urges developed countries that have not yet done so to make concrete efforts towards meeting the targets of 0.7 per cent of their gross national product for official development assistance to developing countries and 0.15 to 0.2 per cent of their gross national product to least developed countries, and encourages developing countries to build on the progress achieved in ensuring that official development assistance is used effectively to help to meet development goals and targets; 25. Recognizes the need to address market access for developing countries, including in agriculture, services and non-agricultural products, in particular those of interest to developing countries; 26. Calls for the implementation of a desirable pace of meaningful trade liberalization, including in areas under negotiation in the World Trade Organization; the implementation of commitments on implementation-related issues and concerns; a review of special and differential treatment provisions, with a view to strengthening them and making them more precise, effective and operational; the avoidance of new forms of protectionism; and capacity-building and technical assistance for developing countries as important issues in making progress towards the effective implementation of the right to development; 27. Recognizes the important link between the international economic, commercial and financial spheres and the realization of the right to development; stresses in this regard the need for good governance and for broadening the base of decision-making at the international level on issues of development concern and the need to fill organizational gaps, as well as to strengthen the United Nations system and other multilateral institutions; and also stresses the need to broaden and strengthen the participation of developing countries and countries with economies in transition in international economic decision-making and norm-setting; A/RES/64/172 7 28. Also recognizes that good governance and the rule of law at the national level assist all States in the promotion and protection of human rights, including the right to development, and agrees on the value of the ongoing efforts being made by States to identify and strengthen good governance practices, including transparent, responsible, accountable and participatory government, that are responsive and appropriate to their needs and aspirations, including in the context of agreed partnership approaches to development, capacity-building and technical assistance; 29. Further recognizes the important role and the rights of women and the application of a gender perspective as a cross-cutting issue in the process of realizing the right to development, and notes in particular the positive relationship between women’s education and their equal participation in the civil, cultural, economic, political and social activities of the community and the promotion of the right to development; 30. Stresses the need for the integration of the rights of children, girls and boys alike, in all policies and programmes and for ensuring the promotion and protection of those rights, especially in areas relating to health, education and the full development of their capacities; 31. Welcomes the Political Declaration on HIV/AIDS adopted at the High-level Meeting on HIV/AIDS of the General Assembly on 2 June 2006, 15F 16 stresses that further and additional measures must be taken at the national and international levels to fight HIV/AIDS and other communicable diseases, taking into account ongoing efforts and programmes, and reiterates the need for international assistance in this regard; 32. Recalls the Convention on the Rights of Persons with Disabilities, 16F 17 which entered into force on 3 May 2008, and stresses the need to take into consideration the rights of persons with disabilities and the importance of international cooperation in the realization of the right to development; 33. Stresses its commitment to indigenous peoples in the process of the realization of the right to development, and reaffirms the commitment to promote their rights in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security, in accordance with recognized international human rights obligations and taking into account, as appropriate, the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly in its resolution 61/295 of 13 September 2007; 34. Recognizes the need for strong partnerships with civil society organizations and the private sector in pursuit of poverty eradication and development, as well as for corporate social responsibility; 35. Emphasizes the urgent need for taking concrete and effective measures to prevent, combat and criminalize all forms of corruption at all levels, to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery, consistent with the principles of the United Nations Convention against Corruption,17F18 particularly chapter V thereof, stresses the importance of a genuine political _______________ 16 Resolution 60/262, annex. 17 Resolution 61/106, annex I. 18 United Nations, Treaty Series, vol. 2349, No. 42146. A/RES/64/172 8 commitment on the part of all Governments through a firm legal framework, and in this context urges States to sign and ratify the Convention as soon as possible and States parties to implement it effectively; 36. Also emphasizes the need to strengthen further the activities of the Office of the United Nations High Commissioner for Human Rights in the promotion and realization of the right to development, including by ensuring effective use of the financial and human resources necessary to fulfil its mandate, and calls upon the Secretary-General to provide the Office of the High Commissioner with the necessary resources; 37. Reaffirms the request to the United Nations High Commissioner for Human Rights, in mainstreaming the right to development, to undertake effectively activities aimed at strengthening the global partnership for development between Member States, development agencies and the international development, financial and trade institutions, and to reflect those activities in detail in her next report to the Human Rights Council; 38. Calls upon the United Nations funds and programmes, as well as the specialized agencies, to mainstream the right to development in their operational programmes and objectives, and stresses the need for the international financial and multilateral trading systems to mainstream the right to development in their policies and objectives; 39. Requests the Secretary-General to bring the present resolution to the attention of Member States, United Nations organs and bodies, specialized agencies, funds and programmes, international development and financial institutions, in particular the Bretton Woods institutions, and non-governmental organizations; 40. Also requests the Secretary-General to submit a report to the General Assembly at its sixty-fifth session and an interim report to the Human Rights Council on the implementation of the present resolution, including efforts undertaken at the national, regional and international levels in the promotion and realization of the right to development, and invites the Chair of the Working Group on the Right to Development to present a verbal update to the Assembly at its sixty-fifth session. 65th plenary meeting 18 December 2009

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