Global Crises, Climate Change, Global Inequity and Displacement Undermine Development Efforts, Delegates Highlight in Third Committee
Special Rapporteur Stresses That Development Offers Livelihood Opportunities, but Can Also Lead to Displacement
Violent conflict, climate change, development-induced displacement and exacerbated inequity between the Global North and Global South render the right to development almost impossible to attain, the Third Committee (Social, Humanitarian and Cultural) heard today, as delegates also expressed concern over the vulnerability of displaced persons in Ukraine, Syria, Myanmar, Bangladesh, Pakistan and Mexico.
Among the six experts and mandate holders briefing the Committee, Cecilia Jimenez-Damary, Special Rapporteur on the human rights of internally displaced persons, noted that development can offer solutions to internal displacement by providing livelihood opportunities and access to essential services, but can also create displacement itself. Often associated with extractive projects with heavy environmental footprints, even infrastructure projects can lead to development-induced displacement, she said.
Though less well-known than displacement due to conflict and disaster, in all cases communities face the loss of their homes, their traditional livelihoods and access to basic services through development projects, she said, adding that women and indigenous peoples are particularly marginalized. Unlike displacement from conflict and disaster, development-induced displacement is entirely avoidable through implementation of development initiatives according toto States’ human rights commitments, she said.
In the following interactive dialogue, delegates condemned Moscow’s aggression in Ukraine, with the representative of Georgia recalling the Russian Federation’s occupation and ethnic cleaning in her country, and noting that over half a million displaced persons and refugees have been unable to return to their homes. The representative of Syria said his country does not suffer from development-induced displacement, but from terrorism, foreign occupation and unilateral sanctions, which impede human development.
Addressing trafficking in persons, especially women and children, Special Rapporteur Siobhán Mullally, said laws and policies on internal displacement and migration must specifically address States’ obligations to prevent such heinous acts. Adding that prevention programmes should recognize climate change as a cause of displacement and migration, she said people who move due to climactic events are at particular risk of exploitation, as traffickers may be more likely to target areas where livelihoods are affected by slow-onset climate change impacts.
She also stressed that climate-induced loss of livelihoods, income reduction or deterioration of working conditions in agriculture, particularly impact rural women, who may be exposed to trafficking. They may be trafficked for forced marriage, sexual exploitation, forced labour or domestic servitude at all migration stages in transit — in camps, at borders and in destination countries.
In the ensuing interactive dialogue, representatives of Belarus and the Russian Federation criticized Mullally’s report, with the latter taking issue with its politicized rhetoric and the former calling the recommendations extremely intrusive. The representative of China stressed that developed countries should uphold their commitments and provide technical and financial support for trafficking victims.
The representative of the United States stressed that systemic discrimination, gender inequalities, climate-related displacement and climate-related disasters are among the root causes of trafficking in persons. She highlighted the disproportionate impact of trafficking on indigenous communities, members of racial and marginalized communities as well as women and girls.
Along similar lines, the representative of Mexico said climate change has become a driver of migration and forced displacement, which exacerbates the vulnerability of women and girls to violence. Also briefing the committee today were the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences, Tomoya Obokata; the Chair-Rapporteur of the Inter-Governmental Working Group on the Right to Development, Zamir Akram; the Special Rapporteur on the right to development, Saad Alfarargi; and the Chair-Rapporteur of the Expert Mechanism on the Right to Development, Mihir Kanade.
The Third Committee will reconvene at 10 a.m. on Tuesday, 18 October, to continue its consideration of human rights.
Interactive Dialogues: Internally Displaced Persons
CECILIA JIMENEZ-DAMARY, Special Rapporteur on the human rights of internally displaced persons, called for an approach that views these people as agents rather than passive beneficiaries of assistance, and enables them to take control of their lives. She pointed to her advocacy work over the past six years that has been rooted in delivering humanitarian, development and peace efforts that support internally displaced persons in all types of internal displacement situations. Such an approach remains critical to the prevention of arbitrary displacement, as described in her report on the prevention of arbitrary displacement in the context of conflict and violence (A/76/169). A human rights-based approach is also critical to addressing neglected drivers of internal displacement, including the slow-onset adverse effects of climate change (A/75/207), and development-induced displacement (A/77/182).
She went on to underscore that development underpins solutions to internal displacement by providing livelihood opportunities, adequate standard of living, and access to essential services, all of which are necessary for return or settlement elsewhere to be a sustainable solution to internal displacement. However, development projects can also provoke internal displacement when communities are forced to move by a project developer or due to the negative impacts of development projects on their lives. While development-induced displacement is often associated with extractive projects that have heavy environmental footprints, even development projects with more benign aims can lead to displacement. Such displacement impedes affected communities’ ability to realize their human rights, she cautioned, noting that relatively little attention has been paid to this issue, as it falls outside the scope of humanitarian agencies that address displacement caused by conflict, violence, or disaster. Some argue that the label “development-induced” does not adequately capture the forced element of such displacement while other development actors prefer the term “involuntary resettlement” which optimistically emphasizes a solution that may never materialize — resettlement — and downplays the human rights challenges of displacement.
She drew attention to challenges associated with development-induced displacement: communities face the loss of their homes, their traditional livelihoods, and access to basic services. Due to absent consent-based relocation and compensation programmes to restore this access, development-induced displacement can therefore jeopardize the right to adequate housing, to livelihood, and to an adequate standard of living, she warned, adding that women and Indigenous peoples are particularly marginalized. In her report, she detailed structural challenges that contribute to development-induced displacement, including a lack of efforts to obtain the consent of affected communities to development projects with displacement impacts. She emphasized that development-induced displacement is entirely avoidable through implementation of development initiatives in accordance with States’ human rights commitments.
In the ensuing interactive dialogue, the representative of the European Union, speaking in its capacity as observer, said that the European Commission has allocated €1.40 billion ($1.47 billion) to initiatives related to forcibly displaced persons, including populations in Syria, Columbia, Iraq, Yemen and most recently Ukraine, which represents the largest crisis of displaced persons today. As displacement prevents access to human rights such as housing and even life, she asked what kind of legal and technical assistance the international community can provide to prevent development-induced displacement.
The representative of Austria, aligning with the European Union, condemned the unjustified, Russian Federation-led aggression on Ukraine, which has produced the largest forced displacement in the world. Recalling the mass-displacement following flooding in Pakistan this year, she asked what measures can be taken to support women who are disproportionately affected by displacement.
The representative of Georgia expressed regret that the number of forcibly displaced persons has climbed to a record high, surpassing 100 million. This includes over 18 million Ukrainians who have been forced from their homes as a result of Moscow’s premeditated and unprovoked full-scale aggression against Ukraine, she said. She recalled the Russian Federation’s occupation and ethnic cleansing in her country, lamenting that over half a million displaced persons and refugees have still not been allowed to return to their homes, contrary to the European Court of Human Rights’ judgment in Georgia v. Russia (II).
In a similar vein, the representative of Azerbaijan said that displaced persons must be able to return to their homes. Hosting one of the largest populations of internally displaced persons because of the conflict between Armenia and Azerbaijan, she outlined challenges in resettlement, including land mines and other explosive elements. She asked how the United Nations might better assist countries where there are such threats.
The representative of Myanmar said that the illegal military coup in 2021 in his country unleashed a wave of displacement, resulting in 1.30 million displaced persons. Women and children are particularly vulnerable, suffering from a lack of access to food and shelter, thus becoming a high risk for trafficking. Statements are not enough, he said, stressing that actions are needed to prevent circumstances leading up to displacement. He asked about ways the international community could be more effective in helping internally displaced persons return to their homes.
The representative of Ukraine condemned the displacement crisis in her country caused by the Russian Federation’s unprovoked aggression, detailing that 60 per cent of the general population has been displaced, with 60 per cent of that number women. “This crisis has a woman’s face,” she said, decrying a deliberate campaign to subdue and rape. Citing attacks killing civilians in Kyiv just yesterday, she stressed the psychological harm that displaced people are suffering and said that “the only way to stop is for Russia to stop its senseless and barbaric war”.
The representative of Syria asked what Ms. Jimenez-Damary’s point of view is on his country, which doesn’t suffer from development-induced displacement but from terrorism, foreign occupation, and unilateral sanctions. The situation impedes human development, he added, asking how best to deal with it.
The representative of Morocco highlighted the data gap, calling on States to share disaggregated data on internally displaced persons worldwide and develop a framework to conduct regular follow-up and evaluations to bolster the data. She asked how a special multilateral tool related to internally displaced persons would function.
In her response, Ms. JIMENEZ-DAMARY said that good practices evolve based on situations. Recalling that her report last year focused on how to prevent arbitrary detention during conflict and violence, she invited the Committee to review it. She noted that following the existing human-rights framework and respecting the rule of law provides solutions to internal displacement. Ensuring that internally displaced persons are actors in the creation of and have access to policies and legislation related to them is also important, she said. However, human rights violations are increasingly grave, in line with an increasing number of internally displaced persons, she said. To that end, solutions must be multi-stakeholder and start with preventing root causes of internal displacement, especially arbitrary displacement, in those countries. “We must respond to and recognize the causes of each displacement,” she said, whether they are due to climate change, conflict, or development.
She underlined that one single agency cannot solve the problem of internally displaced persons, commending the Internally Displaced Protection Expert Group, composed of former Special Rapporteurs, for their work across agencies as well as the Interagency Standing Committee. Referring to Morocco’s statement, she underscored the need for data to provide solutions for internally displaced persons, as conflict, violence and even climate change were only on the agenda because of data pointing to that need. One issue that needs more data is that of human rights and environmental defenders, many of whom are indigenous, being killed because they resist development initiatives that they don’t support, she said.
Also speaking in the dialogue were representatives of Cameroon, Canada, United Kingdom, United States, Algeria, Russian Federation, Switzerland, Mexico and Norway. An observer for the Sovereign Order of Malta also spoke.
Trafficking in Persons
SIOBHÁN MULLALLY, Special Rapporteur on trafficking in persons, especially women and children, introduced her report addressing the gender dimensions of trafficking in persons, in the context of climate change, climate related displacement and disasters (A/77/170). She stressed the need to focus on visible sudden-onset disasters and also on slow-onset ones as causes for augmented risks of trafficking in persons, adding that people living in poverty are more negatively affected by climate change. Laws and policies on internal displacement and migration must specifically address States’ obligations to prevent trafficking in persons, she said, adding that prevention programmes should recognize climate change as a cause of displacement and migration. Noting that such recognition is currently missing in policies, she said people who move due to climate change are particularly at risk of exploitation, adding that traffickers may be more likely to target areas where livelihoods are affected by slow-onset climate change impacts. “Of continuing urgent concern is the absence of a general right of admission for people who are forcibly displaced as a result of climate change,” she said. Pointing to the recent report of the High-level Panel on Internal Displacement, she spotlighted the risks of child trafficking linked to school drop-outs, recruitments by gangs or armed groups and forced marriages.
She also noted that climate-induced loss of livelihoods, income reduction or deterioration of working conditions in agriculture, particularly impact rural women, who may be exposed to trafficking, including for forced marriage, sexual exploitation, forced labour or domestic servitude at all migration stages ‑ in transit, in camps, at borders and in destination countries. Stressing that more than 500 million children live in areas, mostly in Asia, that have extremely high likelihoods of flooding, and about 115 million live in zones of high or extremely high risk of tropical cyclones, she said children may be particularly at risk due to climate-related displacement and disasters, owing to separation from families and communities and the breakdown of child protection services. In addition, she underscored the vulnerability of persons with disabilities; how constraints imposed on decision-making and situations of dependency may limit mobility, increasing risks of human rights violations; and the risk of exploitation and discrimination indigenous peoples face.
In the ensuing interactive dialogue, the representative of the United States stressed that systemic discrimination, gender inequalities, climate-related displacement and climate-related disasters are among the root causes of trafficking in persons. Highlighting the disproportionate impact of trafficking on Indigenous communities, members of racial and marginalized communities, women and girls, and migrants, she asked the Special Rapporteur about specific measures that can be taken by Governments to prevent trafficking in these communities and protect survivors in the context of climate change.
Along similar lines, the representative of Mexico said climate change has become a driver of migration and forced displacement which exacerbate the vulnerability of women and girls to violence. She proceeded to ask how States can involve the private sector and civil society to prevent trafficking in women and girls who are forced into displacement as a result of climate change.
The representative of Bangladesh stressed the importance of addressing the root causes, supporting victims, and prosecuting traffickers. As a climate-vulnerable country, Bangladesh has taken significant initiatives to internal displacement issues, he noted, asking about the risk of trafficking of refugees and asylum seekers, particularly the Rohingya communities in Myanmar.
The representative of Côte d’Ivoire warned that climate change results in displacement of people, worsening of existing inequalities, poverty, and racism. To rectify the issue, he urged States to use all available international instruments and called for greater support to the Special Rapporteur.
The representative of China, highlighting the link between climate change and human trafficking, stressed that developed countries should uphold their obligations and provide financial and technical support.
The representative of Australia underlined that gender inequalities increase the risk of persons being trafficked. Understanding the linkages between gender inequalities and trafficking in persons is crucial for effective survivor-centred approaches, she said, stressing the importance of reducing the vulnerability of women and children to trafficking in the wake of disasters.
Meanwhile, the representative of the Russian Federation called on the Special Rapporteur to stay within her mandate and avoid duplication of the activity conducted by other special procedures and mechanisms. He called the recommendations in her report “extremely intrusive”. The operations conducted by the European Union in the Mediterranean to counter human trafficking with the use of force is characterized by its obvious failure and violations of human rights, he underscored, pointing to high mortality at high seas of those who end up in the hands of human traffickers. The organized human trafficking in the Mediterranean is the consequence of the aggressive Western invasion into and destruction of Libya.
Echoing his concerns, the representative of Belarus expressed disappointment at the content of Ms. Mullally’s report as well as her politicized rhetoric which is openly provocative and not in line with the terminology of the main international instruments. He put forward a request for the Special Rapporteur to use her unquestionable authority for the practical aspect of the issue of trafficking in persons.
Responding, Ms. MULLALLY recognized the role of women and girls as agents of change and called for survivor-centred approaches to trafficking in persons. She called for an end to the war in Ukraine as it poses a serious risk of trafficking in persons, particularly for sexual exploitation. Digital technologies play a role in the prevention of trafficking in persons, she noted, stressing the importance of accountability through strengthened investigation measures and fact-finding. On rural and urban migration, she said access to social protection without discrimination must be ensured. She also underscored the importance of strengthened child protection mechanisms to ensure child protection without disturbance and called for humanitarian pathways for those who are forcibly displaced. She highlighted the key role of rural women in designing responses to climate change, strengthening land ownership, and ending gender discrimination. To effectively prevent trafficking of persons for all purposes, support in form of planned relocation, humanitarian admissions and pathways to resident status must be provided. Moreover, she stressed the importance of an enabling environment for civil society as well as the protection of human rights defenders, including those who were trafficked persons.
Also speaking were representatives of Luxembourg, United Kingdom, Switzerland, Lichtenstein, Greece, Malaysia, Ireland, Belgium, Qatar, Romania and Germany (associating with the European Union). An observer for the Sovereign Order of Malta and the representative of the European Union, in its capacity as observer, also spoke.
Slavery
TOMOYA OBOKATA, Special Rapporteur on contemporary forms of slavery, including its causes and consequences, noted that the informal economy accounts for more than 61 per cent of all employment, or 2 billion workers. The share of informal work is even higher in regions such as Africa, Asia, the Pacific and Arab States. In the African region, almost 90 per cent of women reportedly work in the informal economy. Along with a high rate of informal work among women in Latin America, the numbers highlight the gendered nature of some informal work. Informal work is globally higher among young people, with about 77 per cent of people aged 15 to 24 years reportedly working in the informal sector. At the same time, almost 78 per cent of older persons, as well as more than 86 per cent of the global indigenous population, are informally employed, particularly in emerging and developing economies. Working conditions in the informal economy do not have predetermined working hours, are temporary in nature and include high turnovers, meaning these workers face a high risk of precariousness and unemployment. A lack of access to social and labour protection, frequently unsafe and unhealthy working conditions, low wages and casualization can push many workers into poverty, increasing the risk of contemporary forms of slavery. High costs and bureaucratic procedures discourage businesses from formalizing informal work, while the inability or unwillingness of workers and employers to make tax and social security contributions perpetuates the current situation. The enforcement of labour laws and regulations as well as labour inspection, often remain weak in the informal economy, which create additional challenges. Yet Governmental and other actors have taken legislative and other steps to prevent contemporary forms of slavery within the informal economy. Some States have registered informal businesses, while others have implemented simplified tax systems or promoted financial inclusion by creating cooperatives for informal workers. “I was also pleased to see that many States extend social and other protection to informal workers, including in the domestic sector and for seasonal as well as migrant workers, and other subsidized health coverage for vulnerable populations and communities,” he said.
Trade unions and workers’ organizations also have been instrumental in protecting informal workers’ rights, he said. Some trade unions represent those workers or help them unionize, while others provide services in cooperation with Governments and the private sector. Not all forms of informal work are exploitative or abusive, but in certain sectors a clear link between informality and contemporary forms of slavery can be recognized, he said. To address this situation and protect workers, a transition to the formal economy must be enabled. Tailored solutions reflecting the economic, social, political and cultural contexts of each State should be adopted. At the same time, the differential needs of women, men, young and older workers, members of minority communities, migrant workers, indigenous peoples and workers with disabilities must be considered, he said.
The representative of the United States appreciated the report’s conclusion that there is no one-size-fits-all approach to addressing linkages between human trafficking and a State’s economy, underscoring the recommendation to provide access to justice for all trafficking survivors. Pointing to her country’s actions to hold human trafficking perpetrators accountable, she asked how States can best work with organizations to help offer the services informal economy workers need to be more formalized, thus benefitting from enhanced protection against labour abuses.
The representative of the European Union, speaking in her capacity as observer, expressed concern about the intersecting forms of discrimination informal workers face, and the lack of formal business registration or law enforcement mechanisms regarding labour law, which prevent informal workers from benefitting from social prevention schemes. Welcoming efforts to register informal work and prevent victimization in contemporary forms of slavery, she called for support in access to education, informal training, decent work and justice. She asked about best practises to accompany workers in the transition from the informal to formal economy.
The representative of Liechtenstein noted his country’s initiatives and cooperation with the financial sector to fight modern forms of slavery. Pointing to the report’s findings on how lack of access to financial services such as bank accounts, credit and loans means that many workers remain in the informal economy, he asked what States could do to help the financial sector address this issue.
The representative of the Russian Federation, stressing that transition from the informal to formal economy is key, said the Special Rapporteur’s mandate covers mostly human rights issues rather than economics, which is the focus of other specific inter-governmental platforms like the Economic and Social Council (ECOSOC) or the international Labour Organization (ILO). Adding that the Special Rapporteur’s role is vital in covering the socioeconomic and cultural rights workers have under international law, he said human rights compliance by business enterprises is covered by the Working Group on human rights and transnational corporations and other business enterprises. Duplication of functions could distract attention away from real crimes related to contemporary forms of slavery, he said.
The representative of Algeria, pointing to his country’s effort and mechanisms to strengthen human rights protection and promotion, said the informal economy remains a major challenge, especially for developing countries. He asked about actions undertaken or planned in collaboration with other United Nations agencies, particularly in developing countries, to address capacity building. Noting discrimination faced by migrant workers and African descents, he also asked how the Special Rapporteur planned to deal, at least in the short term, with such inequalities.
The representative of China, said that 100,000 people are trafficked from outside the United States to that country for forced labour each year, with at least 500,000 people currently enslaved, including child labourers and women and children forced into sexual slavery. He asked why the Rapporteur did not touch on this. On sex workers fallen victims to slavery, he drew attention to Government-sponsored sex slavery during wartime and asked what measures should be taken to enforce accountability, prevent immunity and provide remedies to victims.
Mr. OBOKATA, responding, said that empowering unions and labour organizations is key, as informal workers are insufficiently represented, which can foster victimization. Further, he stressed the contribution of civil society organizations and the need to protect their spaces, as they continue their activities. Women, young people, minorities and persons with disabilities are particularly affected by informal work, he added, highlighting the need for special measures so they can gain access to education and training for decent work. Turning to the transition from informal to formal economy, guaranteeing workers’ rights is essential, including by ensuring union rights and labour inspections, he said. On financial inclusion, he suggested that bank accounts be leveraged to prevent businesses from accessing unregulated sources, encouraging States to promote incentives to financial institutions so they can provide bank accounts to both workers and businesses. Recognizing challenges for developing countries in capacity building, he noted that good examples come from emerging and developing economies, pointing to simplified tax systems as an example.
Also speaking were representatives of Japan, Qatar and Mauritania.
Development
SAAD ALFARARGI, Special Rapporteur on the right to development, said his present report (document A/77/174) noted that developed countries have injected trillions of dollars into COVID-19 health, social safety net and economic stimulus responses, but many developing countries lack the fiscal space to take similar measures. In low- and low- to-medium-income countries, their already stretched budgets do not allow for simultaneous financing of all needs, and hard choices must be made. Governments worldwide are introducing cuts in public sector expenditures, she said, adding that low-income countries are taking on increased levels of debt at a high borrowing cost from private lenders and countries that are not members of the Paris Club of Industrial Country Creditors. The Economic and Social Commission for Asia and the Pacific is concerned that the pandemic may create a protracted debt crisis for developing countries. Debt risk has been rising for a decade, and public debt in emerging markets has surged to levels not seen in 50 years. While the Declaration on the Right to Development does not expressly include a list of financial priorities to fulfil the right to development, it does outline principles to guide policy decisions at the national and international levels. “I would like to underscore that, in the face of the biggest public health crisis of the twenty-first century, the international community must design and implement ambitious and comprehensive policies and measures,” he said.
He said his report lays out a series of practical recommendations to ensure that global and regional response and recovery plans, policies and measures are compliant with the right to development. He particularly recommends that States should guarantee that all stakeholders are meaningfully included when negotiating international agreements, including international trade agreements. Developing countries should be more fully integrated into the global trading system, which requires building the capacity of States and non-State representatives to negotiate. He also recommended that States promote an international debt work-out mechanism and advocate that the International Monetary Fund (IMF) issue special drawing rights to nations in the Global South. This would free up much-needed resources for response and recovery action.
Governments and international organizations that are funding development programmes should not impose conditionalities on beneficiary Governments, particularly when the conditions weaken health and social welfare systems and human development policies. Development partners should recommit to the target of dedicating 0.7 per cent of gross national income to Official Development Assistance (ODA) by providing timetables and accountability frameworks, including national legislation. Development partners should also redirect aid to where it is most needed, with clear actions and timelines, by providing 50 per cent of ODA to the least developed countries.
International monetary institutions and States should avoid austerity measures and public spending choices that would reverse progress on universal social protection and the delivery of public goods and services, taking such measures only when all alternative resourcing options have been exhausted. His report also includes a set of recommendations to ensure equal access to COVID-19 vaccines. In addition, high-income countries should help the Global South countries, particularly the least developed countries, to enable their health systems to provide health facilities, goods and services.
The representative of Malaysia, stressing that vaccine equity is necessary, said his country has vaccinated documented and undocumented migrants as well as refugees, and shared its vaccines with other countries. Expressing concern that prolonged vaccine inequity will have a long-lasting impact on lower and middle-income countries, he asked about a long-term strategy to address the problem for future pandemics.
Representatives from Algeria and Pakistan highlighted the recommendations in the Special Rapporteur’s report to development partners to contribute 0.7 per cent of their gross national income to ODA. The former asked if there will be a mechanism to ensure commitment and follow up, while the latter called for a renewal of political will to fulfil financial commitments, as the Sustainable Development Goals will be impossible to implement for people in conflict or affected by unilateral coercive measures.
Meanwhile, the representative of Tunisia, aligning with the Non-Aligned Movement, said that terrorism, armed conflict, corruption and brain drain limit countries’ development, emphasizing the importance of South-South and Triangular cooperation. International cooperation goes beyond ODA , he said, asking what the international community can do to establish new forms of cooperation that are fair for all.
In a similar vein, the representatives of Cuba, Iran and Eritrea all called for a paradigm shift emphasizing global development for all and condemned the use of unilateral coercive measures, which impede the right to development in affected countries.
The representative of Egypt said that the right to development is the nexus of peace, security, and human rights, asking how the Special Rapporteur envisions restructuring the global financial system to respond to the needs of developing countries, where ever-increasing debt threatens progress.
In response, Mr. ALFARARGI said that sovereign debt is a major challenge in recovering from the COVID-19 pandemic in many countries, as it reduces fiscal space and prevents investment in health care and social security. Debt moratoria and restructuring might prove insufficient, he said, calling for global solidarity and vaccine equity, as unequal vaccine access prevents the enjoyment of the right to development through higher rates of infection, hospital visits, deaths, increased restrictions on public assembly and the free movement of people and goods. Adding that countries in the Global South are particularly affected, he said 17.4 per cent of people in these countries have received a single dose, while 76 per cent of people in nations belonging to the Organisation for Economic Cooperation and Development (OECD) have been fully vaccinated. He urged States to support a global approach to ensure vaccine access to all people on a non-discriminatory basis as well as the COVID-19 Vaccines Global Access initiative. He also emphasized the need to include medical equipment and tools in the Trade-Related Aspects of the Intellectual Property Rights (TRIPs) agreement to ensure consistency with World Trade Organization (WTO) countries’ obligations of international cooperation in responding to global health emergencies. High income countries should assist countries in the Global South, particularly in health care, to ensure access to health facilities, goods and services for all, he said.
Also speaking were representatives of the Russian Federation, Azerbaijan, and Syria.
Development
ZAMIR AKRAM, Chair-Rapporteur of the Inter-Governmental Working Group on the Right to Development, said he has prepared the draft of a legally binding instrument on the right to development with a group of legal experts. After considering the initial draft at its twenty-first and twenty-second sessions in 2021, the Working Group considered the first revised draft at its twenty-third session in May. While repeatedly requesting all Member States to participate constructively in the negotiation of the draft convention, some States declined.
At its recent fifty-first session, the Human Rights Council adopted its annual resolution on the right to development and requested that the Chair submit a second revised draft convention to the Working Group at its twenty-fourth session for intergovernmental negotiation and then to submit the final draft text of the convention to the Human Rights Council. The text created is comprehensive and detailed and covers every aspect of the right to development. It is based on language that has already been accepted and agreed on by Member States, by consensus, in numerous relevant intergovernmental documents and in international law, he said.
“In my opinion, the Working Group should not engage in an endless process of negotiating the draft convention,” he said. “It is important to bring deliberations to a close and submit a final text to the Human Rights Council as soon as possible.” He added that conclusive negotiations and adoption of the draft convention will have to be done in the appropriate forum, the General Assembly. He called on all Member States to engage actively in intergovernmental negotiations at the Working Group’s next session in May 2023, with a spirit of compromise and constructive engagement.
As he told the Assembly last year, upholding the right to development could have averted or mitigated much of the pandemic’s devastating harm. States should integrate human rights, including the right to development, in policies and other measures to respond to and recover from the pandemic. Human rights norms and principles offer States guidance for cooperation when implementing immediate actions to address global inequalities in the financial system, undertake structural reforms to the debt architecture, reverse vaccine inequity, guarantee increased investment in social protection and advance greener economies. “A two-speed recovery undermines trust and solidarity, fuels conflict and forces displacement, and makes the world more vulnerable to future crises,” he said. “Now, a global coordinated effort is urgently required to reverse the increasingly diverging paths of the COVID-19 recovery. The right to development offers important guidance in this endeavour.”
The representative of the European Union, speaking in its capacity as observer, said that while individuals are the central drivers and beneficiaries of multidimensional development processes, States bear the primary responsibility for the full realisation of human rights for their citizens, including the right to development. She proceeded to ask Mr. Akram about ways to ensure that gender-responsive and equitable participation is achieved. Additionally, she inquired how to reinforce development cooperation based on human rights.
The representative of Venezuela cautioned that the Global North is developed at the expense of natural resources and work forces of the Global South. This dichotomy must be overcome, he stressed, noting that 80 per cent of the world’s population live in poverty. A growing number of countries have condemned the negative impact of unilateral coercive measures and other illegal measures imposed by the Global North on some countries of the Global South, he recalled, inquiring about the impact of unilateral coercive measures on development.
Echoing his concerns, the representative of Cuba described the drafting of a legally binding Convention on the right to development ‑ an inalienable human right ‑ as an important step forward. In this context, he warned that the illegal blockage imposed on his country by the United States for more than six decades reached an unprecedented level in the era of COVID‑19. Furthermore, the illegal blockage remains the main obstacle to its socioeconomic development and directly affects the right to development of Cuban people.
The representative of Pakistan asked Mr. Akram how the legally binding instrument on the right to development can contribute to achieving economic, social, and cultural rights of people living in the Global South. He also asked whether the right to development is universal or confined to developing countries only.
The representative of Eritrea cautioned that despite years of hard work, progress on the draft Convention of the right to development has not been achieved. He asked Mr. Akram to elaborate on concerns of those States who have not participated in the drafting process of the legally binding text, expressing hope that this is not due to their intention to keep some countries in perpetual poverty.
Meanwhile, the representative of the Russian Federation drew attention to substantial shortcomings of the draft text of the Convention, which lacks definition of the right to development. Consequently, he continued, the authors failed to clearly spell out the obligations of potential parties to the Convention. His delegation does not share the proposal to endow legal persons with international personality, which is only enjoyed by States, international organizations, and nations and peoples fighting for their independence. He further described as unacceptable that duties are placed on all parties, not future parties to the Convention.
Responding to questions and comments, Mr. Akram underscored that development must be approached as a human right, both individual and collective and interdependent with other human rights. He described unilateral coercive measures as a consequence of diverging approaches to development due to political considerations. The Convention has the support of the Global South and does not have the universal support of the Global North, he stressed. The Convention will create a moral requirement and will possess the same moral value as other existing Conventions, he added.
Also speaking were representatives of Algeria, Malaysia, Nigeria, China, Cameroon and Egypt.
Development
MIHIR KANADE, Chair-Rapporteur of the Expert Mechanism on the Right to Development, underscored collaboration on the right to development among the Intergovernmental Working Group, Special Rapporteur, and Expert Mechanism. Affirming that the latter can play a particular role in building an evidence-based thematic foundation ensuring that the right to development is applied in public policy and law development, he cited a Mechanism’s study on Operationalizing the Right to Development in achieving the Sustainable Development Goals, and another on Racism, racial discrimination, and the right to development. Further, he said the Mechanism is working on thematic studies on Inequality and Social Protection Systems in Operationalizing the Right to Development; Right to development in international investment law; and non-State actors and the duty to cooperate. Highlighting the Mechanism’s endeavours to elaborate commentaries on the articles of the Declaration on the Right to Development in promoting an evolutionary interpretation, he pointed to its March 2022 fifth session. The session was held as an interactive dialogue on the duty to cooperate with the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, the Independent Expert on human rights and international solidarity, and the Special Rapporteur on extreme poverty and human rights. Turning to challenges in realizing the right to development, he said they include poverty, hunger, inequality within and across countries, climate change, health crises, colonization and neo-colonization, forced displacement, racism, conflicts, foreign domination, threats against national sovereignty, terrorism, crime, and corruption.
The representative of the Russian Federation said that overcoming inequality and achieving the right to development has two dimensions. The first is the proper functioning of social protection systems within States to prevent social stratification and meet the basic needs of the population. The second is guaranteeing equality of opportunity between States, particularly in providing access to investments, scientific progress, technology, intellectual property and medical advances. On the work underway on an international legally binding instrument on the Right to Development by the Working Group, he said his country would appreciate experts’ comments on the definition of the “right to development”.
The representative of Cameroon, addressing the draft Convention on the right to development said an international legally binding instrument will allow States to promote effective development and provide a framework for a comprehensive approach to policies and programmes incorporating all human rights. She asked about the most relevant practices for establishing the right to development so that it is recognized by all countries. Further, she inquired about Racism, racial discrimination and the right to development, asking how the issue of reparations for slavery and colonization can be addressed considering the right to development.
The representative of Algeria, noting his country’s efforts to promote development, globally and during the COVID‑19 pandemic, said it has donated vaccines and provided economic and financial assistance to several States. Adding that such a spirit of solidarity was not shown by all countries, he pointed to the “failure of the duty to cooperate”, demonstrated by some States’ vaccine nationalism. Noting that some countries still struggle to access vaccines, he asked how to ensure that each country fulfils its duty to international cooperation. Further, he asked if such lack of cooperation can be interpreted as a human rights violation, specifically regarding the right to development, and how human rights mechanisms can ensure that all countries fulfil their obligations.
The representative of China noted that African Americans are more than twice as likely to die from COVID‑19 compared to other ethnic groups, stressing also that they face discrimination, violence and rights violations in the justice system. Referring to the United Nations Committee on the Elimination of racial discrimination, she pointed to findings on the United States that raise concerns about violence and lethal force against minorities.
Responding, Mr. KANADE acknowledged that sanctions against countries can seriously impede realization of the right of development. Noting that the draft Convention and 1996 Declaration on the right to development clearly define it, he said a broader interpretation would exceed the current state of international law. Referring to the study on Racism, racial discrimination, he noted that it explores racism and discrimination as barriers to the operationalization of the right to development at all levels. Among negative impacts, the study highlights the fracture of national social coherence and ramifications on justice, safety and security for racialized groups. Racism and racial discrimination can further result in the loss of transnational economic opportunities for individuals and relief from debt for developing countries.
Reparation for slavery and colonization is an issue the Mechanism will study, he said, adding that the question is what form reparations should take. On vaccines, he underscored the negative impact of pre-ordering and preferential access agreements, and the issue of stocks expiring in wealthy countries, while the number of the fully vaccinated in Africa remains around 19 per cent. In this regard he affirmed that international cooperation is to be understood as a legally binding obligation, rather than just a moral call for charity.
Also speaking in the dialogue were the representatives of India and the Islamic Republic of Iran.