Realization of the Right to Development

BALGOS, Jamie MarieCABUNGCAL, Ana Gabriela

CASAS, Ma. Gloria ElishaEVARDONE, MimosaLACABA, Ma. Camille

RIVERA, Rebecca

The Right to Development as a Human Right: General Issues• Right to development as a human right;

self determination and full sovereignty over natural wealth and resources

• Legal and political dimensions of the right to development as a human right

• Right to development as a human right and international law: Critique of the concept of the right to development in international law

• Massive and flagrant violations of the human rights of peoples and human beings and the realization of the right to development as a human right

• Respect of Human Rights and the realization of the right to development as a human right

Specific Examples of the Implementation of the Right to Development as a Human Right• Women and the right to development as a

human right• Indigenous peoples and the right to

development as a human right• The extremely poor and the right to

development as a human right• Rural Legal Assistance and Development

as a human right

Realization of the Right to Development as a Human Right at the National Level• National Development Policies and the

realization of the Right to Development as a Human Right

• Changes in the concept of the Welfare State and its impact on the Right to Development as a Human Right

• Intermediate Structures and Groups in the context of the Right to Development as a Human Right

• Popular Participation and the Realization of the Right to Development as a Human Right

• Impact of Apartheid on the Right to Development as a Human Right

The Right to Development as a Human Right and International Development Policies• International development policies,

International Organizations and the Realization of the Right to Development as a Human Right

• International Financial and Trade Institutions and the Right to Development as a Human Right

• Right to development as a human right in the context of relations between Developing and Developed Countries

• Impact of External Debt and Adjustment Policies on the Realization of the Right to Development as a Human Right

• Indigenous Peoples and International Development Policies

• Human Rights and Human Resources Development

Implementation and further enhancement of the Declaration on the Right to DevelopmentIdentification of:• Fundamental Problems posed by the

implementation of the Declaration on the Right to Development

• Criteria for identifying progress in the implementation of the Declaration

• Possible Mechanisms for evaluating and stimulating progress in implementing the Declaration

Participants• United Nations bodies– Centre for Social Development and Humanitarian Affairs– United Nations Development Programme– United Nations Fund for Population Activities– Development for Public Information– United Nations Conference of Trade and Development– Office of the United Nations High Commissioner for

Refugees– International Labor Organisation– United Nations Organization for International

Development– World Bank (International Bank for Reconstruction and

Development)– International Monetary Fund

• Organization of African Unity and the Commission of the European Communities

• Organization who submitted written information on their activities relating to development:– Council of Europe– Organization of American States– Organization for Economic Co-operation and

Development– United Nations Advisory Committee on

Science and Technology for Development – United Nations Center for Science and

Technology for Development

Development and Human Rights: Global Perspectives and New Policy Directions

• Declaration on the Right to Development (1986)– Development as a comprehensive, economic,

social, cultural and political process• Encompasses the whole human being in all

aspects of his basic rights• Respect for human rights and basic rights • Relevant to all individuals

– Aims at the improvement of the well-being of the entire population

– Active, free and meaningful participation of its members in development

– Fair distribution of Benefits

International Legal Aspects of the Right to Development as a Human Right• Substance of the right to development– Interdependence and Interrelationship of all

human rights• Right to development• Demand for Respect for Human Rights

– Separate Contents of the Right to Development• Human Rights, and the Status and rules of the

international economic order Inter-State Relations– International Community has an obligation to

intervene and correct obstacles to the right to development

• Human Persons as the central subject of the development– Not the State– Identification of the contents – “People”• Encompasses groups within the State (indigenous

peoples and minorities, etc.)• Implementation at the International Level– 1982 Declaration was found to be lacking the

precision necessary for specific implementation

– Usefulness of the right to development was open to question

• Interdependence of Human Rights– Global Concept– Civil and Political Rights• Rights to life, liberty and security of the

person, the rights and freedoms relating to opinion, expression and information independence of the judiciary

– Participation• Giving people a say (contents and form of

development)• Transforming the collective aspect into

individual rights

• Issue of Obligations under the Declaration on the Right to Development – Availability of Resources– Role and obligation of the international

community were emphasized– International Law of Cooperation (Article 28

of the Universal Declaration of Human Rights)• Common values which cannot be satisfied by

means other than cooperation• Creation of international and national conditions

which would make implementation possible

Human rights and the realization of the right to development as a human right• Massive and flagrant violation of

Human rights– Threats to development– International peace and security

essential for the realization of the right to development• Elimination of massive and flagrant violation

of human rights as a prerequisite• Ecocide

– Uneven character of economic development among countries and people threat to humanity• Unemployment, starvation, poverty and the

absence of access to health services and education

–Make available to all peoples and human beings the right to development under conditions of peace and international security

• Apartheid– Creates racial tensions and misunderstandings

• Race Classification Act: Every citizen suspected of not being European was classified according to race. • Group Areas Act: Forced physical separation

between races by creating different residential areas for different races. Led to forced removals of people living in "wrong" areas• Bantu Education Act: Black Education Department

in the Department of Native Affairs; aims to prevent Africans receiving an education that would lead them to aspire to positions they wouldn't be allowed to hold in society• Bantu Areas Act: forced people of certain races into

living in designated areas.

• Bantusan or Homeland Policy: Homeland is a reservoir of cheap labor and dumping grounds for the old, sick and unemployable

– Violates rights whose resepct is a pre-condition for the realization of the right to development• Right to live at the place of one’s choice• Right to free movement• Right to a decent family life• Right to human dignity• Right to be free from fear of arrest• Deportation or ejection from one’s dwelling

–Misery and Suffering for the South Africans

– Impact of Apartheid: Economy• Destruction of infrastructure• Diversion of enormous sums of mony from

development to defence• High infant mortality• Mass exodus of refugees and displaced

persons• Famine and malnutrition

• Individual Human Rights– Universal Declaration on Human Rights

appropriate social and international order is required for the full realization of human rights• Demanded without any pre-condition• Process that respects individual human rights

– National and International Development Policies• Constant improvement of the well-being• Respect for human rights

– Involvement of NGO’s– Appropriate system of indicators (economic,

social and cultural rights)– Promotion, protection and implementation of

human rights• Emergency response involving gross violation of

human rights• Strengthening the role of the Secretary-General• Strengthening the role of the NGO participation• Development of Operational Approaches to deal

with situations involving problems of minorities, IPs and other vulnerable groups