A/RES/73/166 GA

United Nations A/RES/73/166 General Assembly Distr.: General 17 January 2019 18-22261 (E) 210119 *1822261* Seventy-third session Agenda item 74 (b) Resolution adopted by the General Assembly on 17 December 2018 [on the report of the Third Committee (A/73/589/Add.2)] 73/166. 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, 1 as well as the International Covenant on Economic, Social and Cultural Rights 2 and the International Covenant on Civil and Political Rights, 2 Recalling also the outcomes of all the major United Nations conferences and summits in the economic and social fields, Recalling further the Declaration on the Right to Development, adopted by the General Assembly in its resolution 41/128 of 4 December 1986, which 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 the importance of the World Conference on Human Rights, held in Vienna in 1993, and that the Vienna Declaration and Programme of Action 3 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, __________________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 A/CONF.157/24 (Part I), chap. III. A/RES/73/166 The right to development 18-22261 2/10 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 2000,4 Recognizing the importance of the adoption of the 2030 Agenda for Sustainable Development, 5 reaffirming that the Declaration on the Right to Development informed the 2030 Agenda, along with other relevant international instruments, and underlining the fact that the Sustainable Development Goals can be realized only through a credible, effective and universal commitment to the means of implementation by all stakeholders, Recognizing also the successful conclusion of the United Nations Conference on Housing and Sustainable Urban Development (Habitat III), held in Quito from 17 to 20 October 2016, that recognizes that the New Urban Agenda6 is grounded in the Universal Declaration of Human Rights, international human rights treaties, the Millennium Declaration and the 2005 World Summit Outcome 7 and is informed by other instruments such as the Declaration on the Right to Development, Recalling the outcome document of the United Nations Conference on Sustainable Development, entitled “The future we want”,8 Reaffirming the universality, indivisibility, interrelatedness, interdependence and mutually reinforcing nature of all civil, cultural, economic, political and social rights, including the right to development, Recalling the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples and its outcome document, 9 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 that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing and that democracy is based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives, and in that context noting that the promotion and protection of human rights and fundamental freedoms at the national and international levels should be universal and conducted without conditions attached and that the international community should support the strengthening and promotion of democracy, development and respect for human rights and fundamental freedoms in the entire world, Recognizing that inequality is a major obstacle to the realization of the right to development within and across countries, Taking note of the commitment declared by a number of specialized agencies, funds and programmes of the United Nations system and other international organizations to make the right to development a reality for all, and in this regard urging all relevant bodies of the United Nations system and other international organizations to mainstream the right to development into their objectives, policies, programmes and operational activities, as well as into development and development- __________________ 4 Resolution 55/2. 5 Resolution 70/1. 6 Resolution 71/256, annex. 7 Resolution 60/1. 8 Resolution 66/288, annex. 9 Resolution 69/2. The right to development A/RES/73/166 3/10 18-22261 related processes, including the follow-up to the Fourth United Nations Conference on the Least Developed Countries, Recalling the outcomes adopted at the Tenth Ministerial Conference of the World Trade Organization, held in Nairobi from 15 to 19 December 2015, Calling for a successful, development-oriented outcome of the trade negotiations of the World Trade Organization, in particular on the remaining issues of the Doha Development Round, as a contribution to the creation of international conditions permitting the full realization of the right to development, Recalling the outcome of the fourteenth session of the United Nations Conference on Trade and Development, held in Nairobi from 17 to 22 July 2016, on the theme “From decision to action: moving towards an inclusive and equitable global economic environment for trade and development”,10 Recalling also all its previous resolutions, Human Rights Council resolutions and those of the Commission on Human Rights on the right to development, in particular Commission resolution 1998/72 of 22 April 199811 on the urgent need to make further progress towards the realization of the right to development, Recalling further Human Rights Council resolution 35/21 of 22 June 2017 on the contribution of development to the enjoyment of all human rights, 12 Recalling the Seventeenth Conference of Heads of State or Government of Non-Aligned Countries, held on Margarita Island, Bolivarian Republic of Venezuela, from 13 to 18 September 2016, and the previous summits and conferences at which the States members of the Movement of Non-Aligned Countries stressed the need to operationalize the right to development as a priority, including through the elaboration of a convention on the right to development by the relevant machinery, taking into account the recommendations of relevant initiatives, Reiterating its continuing support for the New Partnership for Africa’s Development13 as a development framework for Africa, Deeply concerned about the negative impacts of the global economic and financial crises on the realization of the right to development, Recognizing 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, Recognizing also that Member States should cooperate with one another in ensuring development and eliminating obstacles to development, that the international community should promote effective international cooperation, in particular to revitalize a global partnership for development, for the realization of the right to development and the elimination of obstacles to development and that lasting progress towards the implementation of the right to development requires effective development policies at the national level, as well as equitable economic relations and a favourable economic environment at the international level, Recognizing further that poverty is an affront to human dignity, __________________ 10 See TD/519, TD/519/Add.1, TD/519/Add.2 and TD/519/Add.2/Corr.1. 11 See Official Records of the Economic and Social Council, 1998, Supplement No. 3 (E/1998/23), chap. II, sect. A. 12 See Official Records of the General Assembly, Seventy-second Session, Supplement No. 53 (A/72/53), chap. V, sect. A. 13 A/57/304, annex. A/RES/73/166 The right to development 18-22261 4/10 Recognizing that extreme poverty and hunger are among the greatest global threats and require the collective commitment of the international community for their eradication, pursuant to Millennium Development Goal 1 and Sustainable Development Goals 1 and 2, and therefore calling upon the international community, including the Human Rights Council, to contribute towards achieving that goal, Recognizing also that historical injustices, inter alia, have 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, Recognizing further that eradicating poverty in all its forms and dimensions, including extreme poverty, is one of the critical elements in the promotion and realization of the right to development and is the greatest global challenge and an indispensable requirement for sustainable development, which requires a multifaceted and integrated approach, and committed to achieving sustainable development in its three dimensions – economic, social and environmental – in a balanced and integrated manner, Emphasizing that all human rights and fundamental freedoms, including the right to development, are universal, indivisible, interdependent and interrelated, Emphasizing also that the right to development is vital for the full realization of the 2030 Agenda for Sustainable Development and should be central to its implementation, Encouraging relevant bodies of the United Nations system, within their respective mandates, including the specialized agencies, funds and programmes of the United Nations system, relevant international organizations, including the World Trade Organization, and relevant stakeholders, including civil society organizations, to give due consideration to the right to development in the implementation of the 2030 Agenda and to cooperate with the United Nations High Commissioner for Human Rights in the fulfilment of her mandate with regard to the implementation of the right to development, 1. Takes note of the consolidated report of the Secretary-General and the United Nations High Commissioner for Human Rights concerning the promotion and realization of the right to development;14 2. Acknowledges the need 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 all human rights and fundamental freedoms; 3. 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, including the 2030 Agenda for Sustainable Development,5 which seeks to build on the Millennium Development Goals and complete what they did not achieve, and also in this regard to lead the raising of the right to development, as set out in paragraphs 5 and 10 of the Vienna Declaration and Programme of Action,3 to the same level as and on a par with all other human rights and fundamental freedoms; __________________ 14 A/HRC/39/18. The right to development A/RES/73/166 5/10 18-22261 4. Supports the realization of the mandate of the Working Group on the Right to Development, 15 and recognizes the need for renewed efforts with a view to overcoming the existing political impasse within the Working Group and to fulfil at the earliest its mandate as established by the Commission on Human Rights in its resolution 1998/7211 and the Human Rights Council in its resolution 4/4 of 30 March 2007;16 5. Takes note with appreciation of the report of the Chair-Rapporteur of the Working Group on the Right to Development on its nineteenth session; 17 6. Notes the presentation to the Working Group at its nineteenth session of the set of standards for the implementation of the right to development prepared by the Chair-Rapporteur of the Working Group, 18 which is a useful basis for further deliberations on the implementation and realization of the right to development; 7. Emphasizes the importance of the Working Group taking appropriate steps to ensure respect for and the 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 evolve into a basis for the consideration of an international legal standard of a binding nature through a collaborative process of engagement; 8. Calls upon Member States to contribute to the efforts of the Working Group, including by considering the proposed set of standards on the implementation and realization of the right to development, and in that context underscores the importance of finalizing the criteria and subcriteria of the right to development; 9. Stresses the importance of the core principles contained in the conclusions of the Working Group at its third session19 that are 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 Chair-Rapporteur 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 Development13 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 Sustainable 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 all human rights and fundamental freedoms, and also while urging all States to expand and deepen mutually beneficial cooperation in ensuring development and eliminating __________________ 15 See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53A (A/63/53/Add.1), chap. I. 16 Ibid., Sixty-second Session, Supplement No. 53 (A/62/53), chap. III, sect. A. 17 A/HRC/39/56. 18 A/HRC/WG.2/17/2. 19 See E/CN.4/2002/28/Rev.1, sect. VIII.A. A/RES/73/166 The right to development 18-22261 6/10 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; (e) To mainstream the right to development in the policies and operational activities of the specialized agencies, funds and programmes of the United Nations system, 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 continue 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. Takes note with appreciation of the report of the Special Rapporteur on the right to development,20 which underlines the link between South-South cooperation, sustainable development and the right to development, and requests him to pay particular attention to the implementation of the right to development, in accordance with his mandate; 13. Stresses that South-South cooperation is not a substitute for, but rather a complement to, North-South cooperation and hence should not result in a reduction of North-South cooperation or hamper progress in fulfilling existing official development assistance commitments, and encourages Member States and other relevant stakeholders to incorporate the right to development into the design, financing and implementation of cooperation processes; 14. Urges Member States, the Office of the United Nations High Commissioner for Human Rights and other relevant specialized agencies, funds and programmes of the United Nations system to provide the Special Rapporteur on the right to development with all the assistance and support necessary for the fulfilment of his mandate; 15. 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 out in those outcome documents; 16. 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 __________________ 20 A/73/271. The right to development A/RES/73/166 7/10 18-22261 development facilitates the enjoyment of all human rights, a lack of development may not be invoked to justify the abridgement of internationally recognized human rights; 17. Further reaffirms that development contributes significantly to the enjoyment of all human rights by all, and calls upon all countries to realize people- centred development of the people, by the people and for the people; 18. Calls upon all States to spare no effort in promoting the right to development, in particular while implementing the 2030 Agenda for Sustainable Development, as it is conducive to the overall enjoyment of human rights; 19. 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; 20. 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 one another to that end; 21. Expresses concern about the increasing cases of human rights violations and abuses by some transnational corporations and other business enterprises, underlines the need to ensure that appropriate protection, justice and remedies are provided to the victims of human rights violations and abuses resulting from their activities, and underscores the fact that these entities must contribute to the means of implementation for the realization of the right to development; 22. Reaffirms the need for an international environment that is conducive to the realization of the right to development; 23. Emphasizes the critical importance of identifying and analysing obstacles impeding the full realization of the right to development at both the national and international levels; 24. Reaffirms 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, 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, recognizes that globalization has brought disparities between and within countries and that issues such as trade and trade liberalization, the transfer of technology, infrastructure development and market access should be managed effectively in order to mitigate the challenges of poverty and underdevelopment and to make the right to development a reality for everyone; 25. 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; 26. Expresses its deep concern, in this regard, about 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 effects of international energy, food and financial crises, as well as the increasing challenges posed by global climate change and the loss of biodiversity, which have increased vulnerabilities and inequalities and have adversely affected development gains, in particular in developing countries; A/RES/73/166 The right to development 18-22261 8/10 27. Encourages Member States to give particular consideration to the right to development in the implementation of the 2030 Agenda, and emphasizes that the 2030 Agenda promotes the respect for all human rights, including the right to development; 28. Recalls the commitment in the United Nations Millennium Declaration 4 of halving the number of people living in poverty by 2015, notes with concern that some developing countries have failed to achieve the Millennium Development Goals, and in this regard invites Member States and the international community to take proactive measures aimed at creating a conducive environment to contribute to the effective implementation of the 2030 Agenda, in particular increasing international cooperation, including partnership and commitment, between developed and developing countries towards achieving the Sustainable Development Goals; 29. 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 the 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; 30. Recognizes the need to address market access for developing countries, including in the sectors of agriculture, services and non-agricultural products, in particular those of interest to developing countries; 31. Calls once again 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; 32. 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; 33. 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; 34. 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 the education of women and their equal participation in the civil, cultural, economic, political and social activities of the community and the promotion of the right to development; The right to development A/RES/73/166 9/10 18-22261 35. 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; 36. Recalls the Political Declaration on HIV and AIDS: On the Fast Track to Accelerating the Fight against HIV and to Ending the AIDS Epidemic by 2030, adopted on 8 June 2016 at the high-level meeting of the General Assembly on HIV and AIDS,21 and underscores the importance of enhanced international cooperation to support the efforts of Member States to achieve health goals, including the target of ending the AIDS epidemic by 2030, implement universal access to health-care services and address health challenges; 37. Welcomes the political declaration of the third high-level meeting of the General Assembly on the prevention and control of non-communicable diseases22 and the political declaration of the high-level meeting of the General Assembly on the fight against tuberculosis,23 both adopted on 10 October 2018, with their particular focus on development and other challenges and social and economic determinants and impacts, particularly for developing countries; 38. Recalls the Convention on the Rights of Persons with Disabilities,24 which entered into force on 3 May 2008, and General Assembly resolution 70/1 of 25 September 2015, entitled “Transforming our world: the 2030 Agenda for Sustainable Development”, and, while recognizing persons with disabilities as agents and beneficiaries of development, stresses the need to take into consideration the rights of persons with disabilities and the importance of international cooperation in support of national efforts in the realization of the right to development; 39. Stresses its commitment to indigenous peoples in the process of the realization of the right to development, 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, and in this regard recalls the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, held in 2014; 40. 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; 41. Emphasizes the urgent need to take 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, 25 particularly chapter V thereof, stresses the importance of a genuine political 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; __________________ 21 Resolution 70/266, annex. 22 Resolution 73/2. 23 Resolution 73/3. 24 United Nations, Treaty Series, vol. 2515, No. 44910. 25 Ibid., vol. 2349, No. 42146. A/RES/73/166 The right to development 18-22261 10/10 42. 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 the effective use of the financial and human resources necessary to fulfil its mandate, and calls upon the Secretary-General to provide the Office with the necessary resources; 43. Reaffirms the request to the High Commissioner, in mainstreaming the right to development, to effectively undertake activities aimed at strengthening the global partnership for development among 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; 44. Calls upon the specialized agencies, funds and programmes of the United Nations system 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; 45. Requests the Secretary-General to bring the present resolution to the attention of Member States, United Nations organs and bodies, the specialized agencies, funds and programmes of the United Nations system, international development and financial institutions, in particular the Bretton Woods institutions, and non-governmental organizations; 46. Encourages relevant bodies of the United Nations system, within their respective mandates, including the specialized agencies, funds and programmes of the United Nations system, relevant international organizations, including the World Trade Organization, and relevant stakeholders, including civil society organizations, to give due consideration to the right to development in the implementation of the 2030 Agenda, to contribute further to the work of the Working Group on the Right to Development and the Special Rapporteur on the right to development and to cooperate with the High Commissioner in the fulfilment of her mandate with regard to the implementation of the right to development; 47. Requests the Secretary-General to submit a report to the General Assembly at its seventy-fourth 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-Rapporteur of the Working Group and the Special Rapporteur to present an oral report and to engage in an interactive dialogue with the Assembly at its seventy-fourth session. 55th plenary meeting 17 December 2018

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