The Third World and the Right to Development

8/14/2019 The Third World and the Right to Development

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HUMAN RIGHTS QUARTERLY

Human Rights Quarterly22 (2000) 753787 2000 by The Johns Hopkins University Press

The Third World and the Right toDevelopment: Agenda for theNext Millennium

N. J. Udombana*

[F]our fifths of the worlds population no longer accept that the remaining fifth shouldcontinue to build its wealth on their poverty.1

I. INTRODUCTION

It is no longer news that countries of the Third World are in a state ofemergency. They are waging war against poverty, disease, and all the otherevils that have plagued our generation. The war appears not to have abated,although some battles have been won. There has been some measure ofprogress within the last few decades. In some countries of the world, Berlinwalls have been torn downreal walls and walls of the mind. However, inmany other parts of the world, particularly the Third World, walls stillremain. There are walls of power and poverty. There are walls that deprive

people of their most basic rights. There are walls that divide societiesbetween those who have and those who have not, between those who rule

* N.J. Udombana obtained his LL.B. (with Honors) degree from the University of Lagos, Akoka,Nigeria, in 1988, and a law degree from the Nigerian Law School. He received an LL.M. in1991 from University of Lagos. In 1994, he joined the University of Lagos Department of

Jurisprudence and International Law, Faculty of Law. His research interests are in the areas ofInternational Law (with specialization in Human Rights and Environmental Laws), Jurispru-dence, and Constitutional Law.

The author wishes to express thanks to Professor Yemi Osinbajo of the University of Lagosfor his advice and comments on the initial draft. Any error in the final work is, however, myresponsibility.1. See Mohammed Bedjaoui, The Right to Development, in INTERNATIONAL LAW: ACHIEVEMENT

AND PROSPECTS 1177, 1182 (Mohammed Bedjaou ed., 1991), excerpted in HENRY J. STEINER& PHILIP ALSTON, INTERNATIONAL HUMAN RIGHTS IN CONTEXT 1117 (1996).


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Vol. 22754 HUMAN RIGHTS QUARTERLY

and those who suffer. There are walls that consign whole sectors of societyto an existence barely worth the name. In short, there are walls ofunderdevelopment.

So although some walls are falling, this is not the time to becomplacent. It is not yet the time to celebrate Uhuru. The process is justbeginning. New structures are yet to be built. Besides, there are still manymore lands to be possessed.2 There are many more battles to be fought,many victories to be declared. Only an emergency organizationa warsyndromecan win this war.

This article seeks to examine the concept ofthe right to development,or development rights, in relation to the Third World. Is the right todevelopment an inalienable right? If so, what priority should countries of the

Third World give to development? Should they place it above other rights?Can this be legally justified? How can Third World countries balanceeconomic growth with basic human needsand human rights? This articlewill also consider the consequences for the new millenium of the near-universal embrace of the market economy and the effects of the globaliza-tion of the economy on the right to development. What are the challengesthat the right to development creates for contemporary international law?

II. CONCEPTUAL ANALYSIS

A. Third World

Alfred Sauvy first used the expression Third World in 1955.3 It has, sincethen, caught on very successfully. However, a satisfactory definition has yetto be elaborated. The Chinese invented the theory of the three worlds.4

The first was constituted by the dual American-Soviet hegemony. Thesecond consisted of such countries as China, the Western European States,

Japan, Canada, and Australia. The last corresponded precisely to thedeveloping countries, also described as the Third World.

The term Third World can be defined according to many criteria. Itcan, for example, be defined from the political perspective. In this sense, itrepresents a group of states attached neither to the capitalist camp nor to thecommunist bloc; they are the non-aligned countries. Also, Third Worldcan be defined from the economic perspective. In this sense, it meanscountries with the common characteristics of underdevelopment.

2. Joshua 13:1 (King James).3. See MOHAMMED BEDJAOUI, TOWARDSA NEW INTERNATIONAL ECONOMIC ORDER25 (UNESCO, 1979).4. See id.


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2000 Agenda for the Next Millennium 755

Geographically speaking, the Third World mainly consists of theAfrican, Asian, and Latin American states. These countries belong to thestorm belt. They are so described because they have been through many

disturbances.5 They have, for example, fought many battles for theirnational liberation and economic independence. The Third World is thusa geopolitical concept, based on inclusion in a geographical areatheSouthern hemisphereat the historical period of colonization. It is alsobased on the economic situation of underdevelopment.

Some writers have made a further classification.6 They classify develop-ing Third World countries into two groups. The first group consists of thelow-income developing countries. These are largely made up of Africancountries, especially sub-Saharan African states; South Africa is excluded.

The first group also includes Latin American states. The second groupconsists of the middle-to-high-income Third World countries. This consistsof the high performing Asian economies led by Japan. It includes the so-called four tigersHong Kong, the Republic of Korea, Singapore, andTaiwan. It also includes the newly industrializing economies of Indonesia,Malaysia, and Thailand.7

B. Development v. Underdevelopment

Some countries are classified as developed, others as developing. Still, someare classified as underdeveloped. This raises a question. What is develop-ment? The answer is not that simple. Development is a many-sided process.At the level of the individual, it implies increased skill and capacity. Itimplies greater freedom, creativity, self-discipline, responsibility, and mate-rial well-being. The achievement of these aspects of personal developmentis very much tied to the state of the society as a whole.8

At the level of the social groups, development implies an increasingcapacity to regulate both internal and external relations. More often thannot, development is used in a purely economic sense. In this sense, it isseen as simultaneously the vision of a better life, a life materially richer,institutionally more modern and technologically more efficient and an arrayof means to achieve that vision.9

5. See id. at 2526.6. See Yemi Osinbajo & Olukonyinsola Ajayi, Human Rights and Economic Development

in Developing Countries, 28 INTL LAWYER 727, 730 (1994).7. See id.8. See WALTER RODNEY, HOW EUROPE UNDERDEVELOPED AFRICA 9 (1982).9. See Denis Goulet, Development: Creator and Destroyer of Values in HUMAN RIGHTSINTHE

TWENTY-FIRST CENTURY: A GLOBAL CHALLENGE 68990 (K.E. Mahoney & Paul Mahoney eds.,1993).


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There is no doubt that economic growth is a necessary condition ofdevelopment. In this regard, a society develops economically as itsmembers increase jointly their capacity for dealing with the environment.

This capacity is dependent on several factors. One is the extent to which themembers of a society understand the laws of nature. We call this science.The other is the extent to which the members of a society put thatunderstanding into practice by devising tools. We call this technology. It is,finally, dependent on the manner in which work is organized.10 We call thisentreprenuership.

Used in this wider sense, it can be said that there has been constanteconomic development within human society since the origin of man. Manhas enormously multiplied his capacity to win a living from nature. People

of diverse backgrounds have shown a capacity for independently increasingtheir ability to live a more satisfactory life through harnessing the resourcesof nature.11

Development, in the economic sense, also consists of a list of servicesand amenities that many take for granted. These include an adequate publictransportation system, good communicationsradio, television, telephone,and, with the information revolution, internet services. The list also includesefficient public administration with a trained civil service. These are theelementary components of a developed society; they make its smooth

running possible.12

Development includes the acceptance and spread to the whole popula-tion of, at the very least, minimal standards of housing, education, andhealth. It means that all people are reasonably clothed and fed. It means thatin hard times, such as unemployment, minimum assistance is available forthose in need. In some countries, this assistance is referred to as socialsecurity. These, in broad terms, are the accepted results of development.

A developed society may take many things for granted. It may take itseducational system, for example, for granted. It may believe that itseducational systemprimary, secondary and tertiaryis producing peoplewith the skills required to run the society efficiently. [A] developed countryassumes that it can find the skills it requires from the ranks of its ownpopulation.13 It can, itself, provide for its own needs. It can solve problemsof economic, technological, and scientific development. It also, sooner orlater, generates a surplus of both capital and trained people that enables it toprovide assistance for development elsewhere.

There is, however, more to development than the economic well-being

10. See RODNEY, supra note 8, at 10.11. See id. at 11.12. See GUY ARNOLD, AIDANDTHE THIRD WORLD 23 (1985).13. Id.


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of the individual and society at large. The definition of development mustencompass all aspectseconomic, technological, organizational, and mana-gerial. One cannot take a monolithic viewpoint in defining or conceptualiz-

ing development. After all, the primary aim of development is to satisfymans spiritual and material needs. Development, then, consists of theability to maximize resources. It is for the benefit of human beings in all oftheir aspects, tangible and intangible.14 When these are absent, as they oftenare in Third World countries, we can rightly say that such a country isunderdeveloped or, to put it euphemistically, developing.

Development, from the totality of the foregoing, can be defined simplyas the fulfillment of human potential. The juxtaposition of human rights withdevelopment implies that there is something called development, which

can be identified, measured, and implemented. How then do we measuredevelopment? Antony N. Allot invented the General Felicity Index (GFI).15

According to him, we measure development by measuring the felicity ofindividuals. One measures not just the increase in the number of factoriesor expansion of services, but basically whether life is happier and morefruitful and enjoyable for the individual. In doing this, one has to balanceone factor against another.16

Underdevelopment, on the other hand, is a series of complex interact-ing phenomena, resulting in flagrant inequalities of wealth and poverty,stagnation, a relative backwardness compared with other countries, produc-tion potentialities which fail to progress as far as they might, economic,cultural, political and technological dependence.17 The victims of such aphenomenon are the Third World countries.

Some writers have, however, maintained that underdevelopment is notthe absence of development.18 Every group of people has developed in oneway or another and to a greater or lesser extent. Underdevelopment makessense only as a means of comparing levels of development; it is tied to thefact that human social development has been uneven. From a strictlyeconomic point of view, some human groups have advanced further thanothers. They have produced more, and consequently, have becomewealthier.19 The United States falls into this category.

Development, from the totality of the foregoing, can be defined simplyas the fulfillment of human potential. The juxtaposition of human rights with

14. See Development and Human Rights: Report of a meeting held on July 7, 1980, 6 HUM.RTS. REV. 194, 195 (1981).

15. See id. at 195.16. Id.17. Yves Lacoste, Geographie du Sous-development(1976), quoted in BEDJAOUI, supra note

1, n.3 at 24.18. See RODNEY, supra note 8, at 21.19. See id.


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development implies that there is something called development, whichcan be identified, measured, and implemented. How then do we measuredevelopment?

1. Causes of Underdevelopment

One-third of mankind lives in the most deprived developing countries. Thisportion of the population receives only 3% of the total world income.20

Much of mankind lives in a state of endemic poverty and hunger.21 This is,however, not the case in the developed countries.

The population of the United States, for example, represents only about6% of the worlds population. However, it consumes 55% of all the natural

resources of the earth.22 It is further calculated that an American childconsumes roughly 500 times more material resources than a child in anunderdeveloped country.23

Some countries have food surpluses and financial resources that enablethem to acquire what they lack, at the expense of others. Europe, forexample, draws largely on the resources of other continents for its foodsupplies. This paradox needs to be emphasized. It explains the pauperizationof dehumanized people gradually falling into a state of absolute poverty.The industrialized countries constitute the chief markets for foodstuffs.

Reports indicate that countries representing half of the world populationtake eighteen percent of grain imports.24

The developed countrys food production is related to monetary marketdemandnot to the needs of human beings. The Third World man isdeprived of food for the benefit of a man living in a prosperous country.What is more, he is deprived of food for the benefit of that mans animal.Grain consumption by animals in the prosperous states takes precedenceover human consumption of grain in the underdeveloped countries.Animals in the advanced states eat one-quarter of the world output ofgrain.25 This is the equivalent of human consumption of grain in China andIndia combined!26

20. See Abdellatif Ghissassi, in Eric Laurent ed., Un Monde a Refaire, Debats de France-culture, Trois Jours pour la Planete81 (Paris: Menges, 1977).

21. See, e.g., Report of the World Summit For Social Development: Copenhagen Declara-tion on Social Development and Programme of Action of the World Summit for SocialDevelopment, adopted 12 Mar. 1995, U.N. GAOR, Annex I, at 7, U.N. Doc. A/CONF.166/9 (1995) [hereinafter Copenhagen Declaration].

22. See Lazar Mojsov in Laurent, supra note 20, at 14445.23. See BEDJAOUI, supra note 1, at 27.24. See id. at 30 n. 2.25. See id. at 31.26. See the intelligent, enlightening, provocative book, as J.K. Galbraith describes it, SUSAN

GEORGE, HOWTHE OTHER HALF DIES: THE REAL REASONSFOR WORLD HUNGER 26 (1977).


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Clearly, the above concepts show that Western man has escaped forthe moment the poverty which was for long his all-embracing fate.27 Thatstatement is a very bold and comfortable assertion! However, the same

cannot be said of Third World countries. In this part of the globe, povertyhad always been mans normal lot.28 There are vast millions of hungry,discontented, and disoriented people in the Third World.

The World Summit for Social Developmentwas held in Copenhagenfrom 6 to 12 March 1995.29 The document that followed revealed, inter alia,that more than one billion people in the world live in abject poverty. A largeproportion of these people have very limited access to income, resources,education, health, or nutrition. The majority of these are women, and theyare found particularly in Africa and the least developed countries.30

What are the causes of such underdevelopment? This is an area wherethe debates are fierce. The two major paradigms that have dominated thefield are the modernization theory and the dependency theory.31 Simplystated, the modernization theory holds that development is an inevitable,evolutionary process of increasing societal differentiation that would ulti-mately produce economic, political, and social institutions similar to thosein the West. The outcome of this process would be the creation of a freemarket system, liberal democratic political institutions, and the rule of law.32

Dependency theory, on the other hand, argues that the sources of underde-

velopment are to be found in the history and structure of the globalcapitalist system. Underdevelopment of the Third World, according to thesewriters, is the product of historical forces and a direct result of the contactbetween the hitherto underdeveloped social formations and the forces ofWestern imperialism.33

The historical and political reasons for the present disorder can bemainly expressed in terms of imperialism, colonialism, and neocolonial-ism.34 Dependence, exploitation, the looting of the resources of the Third

27. JOHN K. GALBRAITH, THE AFFLUENT SOCIETY 32 (1979).28. Id. at 29.29. Also known as Copenhagen Declaration on Social Development and Programme of

Action of the World Summit for Social Development, adopted12 Mar. 1995, at Annex I,23, U.N. Doc. A/CONF.166/9 (1995), available on gopher://gopher.undp.org:70/00/unconfs/wssd/summit/off/a9.en>.

30. Id. at 7.31. See generallyANTHONY CARTYED., LAWAND DEVELOPMENT (1992).32. See Brian Z. Tamanaha, The Lesson of Law and Development Studies, 89 AJIL 470, 471

(1995). For an informative discussion of modernization theory, see DAVID APTER,

RETHINKING DEVELOPMENT: MODERNIZATION, DEPENDENCY, AND POST-MODERN POLITICS (1987).33. See generallyFrancis G. Snyder, Law and Development in the Light of Dependency

Theory, 14 LAW & SOCY REV. 723 (1980).34. See generallyRODNEY, supra note 8, at 22;FRANTZ FANON, THE WRETCHEDOFTHE EARTH (1968);

Julius O. Ihonvere, Underdevelopment and Human Rights Violations in Africa, inEMERGING HUMAN RIGHTS 57 (George W. Shepherd, Jr. & Mark O.C. Anikpo eds., 1990). For


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World, and the introduction of zones of influence have marked interna-tional relations with organized or institutionalized disorder. The cruel,inhuman law of maximum profit has succeeded finally in establishing

disorder, with the Faustian power of multinational firms, the gigantism ofmilitary-industrial complexes, and the ecological disaster.35

The colonizers exploited the natural resources and labor of colonizedareas.36 They sold their products to colonized areas. They restrictedcolonized areas from competing with products produced by the colonizingcountry. They set up and protected corporations, plantations, and white-settler enclaves in colonized areas. Exclusive licensing and trade rights andlegal regimes from the colonizing countries often accompanied colonialstructures.37

The first industrialized nations were, at the same time, leading worldpowers. They were largely able to control external development factors totheir advantage. Colonialism and imperialism, to whom the present devel-oping countries fell prey, brought further acquisitions.

There were no impediments to, or imbalances affecting, developmentalong the lines of the East-West and North-South dichotomies. The industri-alized nations were, therefore, a step ahead in innovational terms. They hada significant competitive advantage. They took a protectionist stancewhenever expediency required. They established free trade after they had

achieved international competitiveness.38

On the other hand, free trade was forced upon the modern developingcountries at an early stage from the outside. This promoted the formation ofsingle-crop farming structures. It hindered well-balanced developmentbased on indigenous resources and competence.39 The consequences ofthese disorders are still with us today.

Not many people share this view. Some scholars, pointing to thesuccess of the high performing Asian economies, insist that the depen-dency theory is not credible; these Asian countries were equally victims ofdependency and imperialism.40 For them, the reasons for continuingunderdevelopment should be sought elsewhere. The reason lies partly in thedictatorships of Third World governments.41 This is a persuasive argument

an interesting theoretical application of underdevelopment theory in Africa in general,see CLAUDE AKE, REVOLUTIONARY PRESSURESIN AFRICA (1978).

35. See BEDJAOUI, supra note 1, at 20.36. See Manfred Whlcke, The Causes of Continuing Underdevelopment, 47 LAWAND STATE

51, 55 (1993).

37. For an excellent description of these activities, see David Greenberg, Law andDevelopment in Light of Dependency Theory, in LAWAND DEVELOPMENT 89 (1992).

38. See Whlcke, supra note 36, at 55.39. See id.40. See Osinbajo & Ajayi, supra note 6, at 737.41. See id.


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because not all human rights abuses in the Third World are the results ofhistorical process. Many are consequences of the internal political decisionsof sovereign Third World states. These states are laboring under the yoke of

dictators, who have planted seeds of discord in their various countries.42

C. Right to Development

It is now customary to discuss human rights in terms ofgenerations.43 Thefirst generation consists of civil and political rights. These rights arelibertarian in character, relating to the sanctity of the individual and hisrights within the socio-political milieu in which he is located. The second

consists of economic, social, and cultural rights. These are positive rights inthe sense that they require the affirmative action of governments for theirimplementation.44 The third encompasses solidarity rights.45

Each generation of rights has its distinctive characteristics, each moredeveloped and sophisticated than its predecessor. Some, however, see thisconcept ofgenerations as misleading,46 for it implies that one generationis replacing the other even though it may carry over the characteristics ofthe earlier generations. It also implies to the idea of succession and to apossible historical description of the field of human rights in neat andchronological terms.47 The truth of the matter is, according to this view, thatthe various so-called generations of human rights, especially the firstgeneration of civil and political rights and the second of social, economicand cultural rights, have themselves grown and expanded in a more or lessparallel way.48

These criticisms notwithstanding, this paper intends to maintain thisclassification. Development rights are, therefore, classified as belonging tothe third generation of solidarity rights,49 which includes the right to

42. See N.J. Udombana, The Rule of Law and the Rule of Man in a Military Dictatorship inCURRENT THEMESIN NIGERIAN LAW 73 (I.O. Agbede & E.O. Akanki eds., 1997); see generallyRichard Falk, Militarization and Human Rights in the Third World, 8 BULLETINOF PEACEPROPOSALS 220 (1977).

43. See, e.g., Karl Vasak, A 30-year Struggle, 11 UNESCO COURIER 29 (1977).44. See C. Welch Jr., Human Rights as a Problem in Contemporary Africa, in HUMAN RIGHTS

AND DEVELOPMENT IN AFRICA 24 (Welch and Meltzer eds., 1984).45. Karel Vasak, For the Third Generation of Human Rights: The Right of Solidarity,

Inaugural Lecture, Tenth Study Session, Intl Inst. of Hum. Rts., July 1979.46. See Cees Flinterman, Three Generations of Human Rights, in HUMAN RIGHTSINA PLURALIST

WORLD 76 (Jan Berting et al. eds., 1990).47. See id.48. See id.49. See Karel Vasak, For the Third Generation of Human Rights: The Right of Solidarity,

Inaugural Lecture, Tenth Study Session, International Institute of Human Rights, July1979, at 3.


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development, the right to peace, the right to environment, the right toownership of the common heritage of mankind, and the right to communi-cation.50 Proponents of a third generation of rights emphasize that these

rights will reinforce existing human rights, enhance their effectiveness andmake them more relevant to both governments and individuals.51 Theserights aim at transgressing the traditional limits of human rights; it is a replyto the new challenges and ambitions which are placed before us.52

The right to development, as a specie of solidarity rights, has beendefined as the right of each people to freely choose its economic and socialsystem without outside interference or constraint of any kind, and todetermine, with equal freedom, its own model of development.53 TheInternational Commission of Jurists (ICJ) defined it reluctantly54 as the

right of all people all over the world and of every citizen to enjoy all humanrights.55 Although the contours of this right are vague,56 it undoubtedlyencompasses many economic, social, and cultural rights.57

III. DEVELOPMENT AS A HUMAN RIGHT58

A. Evolution of the Right

Many factors were responsible for the emergence of the category of rightsinvolved in development. One was the emergence of a numerically

50. See id.51. See Flinterman, supra note 46, at 77.52. Id. at 78.53. See Mohammed Bedjaoui, The Right to Development in INTERNATIONAL LAW: ACHIEVEMENT

AND PROSPECTS 1177, 1182 (Mohammed Bedjaoui, ed., 1991); see alsoHENRY J. STEINER &PHILIP ALSTON, INTERNATIONAL HUMAN RIGHTSIN CONTEXT 1116 (1996).

54. See Rhoda E. Howard, Human Rights, Development and Foreign Policy, in HUMANRIGHTSAND DEVELOPMENT: INTERNATIONAL VIEWS 215 (1989).55. INTERNATIONAL COMMISSION OF JURISTS, DEVELOPMENT, HUMAN RIGHTS AND THE RULE OF LAW 223

(1981).56. See FRANK NEWMAN & DAVID WEISSBRODT, INTERNATIONAL HUMAN RIGHTS 409 (1990).57. Cf. International Covenant on Economic, Social and Cultural Rights, adopted16 Dec.

1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, U.N. Doc. A/6316(1966), 993 U.N.T.S. 3 (entered into force3 Jan. 1976), reprinted in 6 I.L.M. 360 (1967);see alsoAfrican Charter on Human and Peoples Rights, adopted26 June 1981, O.A.U.Doc. CAB/LEG/67/3 Rev. 5 (entered into force21 Oct. 1986), reprinted in 21 I.L.M. 58(1982). In articles 2024 of the Charter, the right to existence, the right to economic,social, and cultural development and the right to national and international peace and

security have been formulated. See generally Philip Alston, Making Space for NewHuman Rights: The Case of the Right to Development, 1 HARV. HUM. RTS. Y.B. 3 (1988).

58. There is a large body of literature on human rights and development. This literaturespans discussions of the concept of the right to development, strategies for localempowerment, dependency theory and the relationship between human rights andglobal economic processes. There is also an extensive development literature which


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dominant group of developing countries. This itself was a result of the waveof decolonization that peaked in the late 1960s. This development led to theelevation of economic development goals to the top of the international

agenda.59 There was feverish resentment over the negative consequences ofcolonialism, although the former colonial powers were reticent in recogniz-ing continuing obligations towards the people concerned. Third Worldcountries were, however, undaunted; they called for reparations.

In terms of the UN human rights debate, there were demands thatgreater attention be paid to economic and social rights and that colonial-ismand neocolonialismwere gross violations of international law.60

Third World countries argued that some form of development cooperationshould be put in place. They insisted that the imperialist world had a legally

binding obligation to do so. They demanded some form of specific transfersof capital, technology, or other goods and services. These, they contended,should be seen as entitlements, not acts of welfare or charity.61

Another factor leading to the emergence of development rights was the1973 Arab oil embargo. The embargo itself was because of the Yom Kippurwaror War of Ramadan, as some prefer to call it.62 Further, the intensityof the North-South divide heightened. All gave rise to the search for a NewInternational Economic Order.63

In regards to the UN activities in this area, 26 November 1957 was a

historical epoch. On that date, the General Assembly expressed the viewthat a balanced and integrated economic and social development wouldcontribute towards the promotion and maintenance of peace and security,social progress and better standards of living, and the observance of andrespect for human rights and fundamental freedoms.64

may not use the language of rights. Sources of information on development and humanrights include newspapers, the publications and documents of international organiza-

tions, books and articles. A few of these will be referred to in the course of thediscussion. Butsee generally, Bibliography. Symposium: Development as an EmergingHuman Rights, 15 CAL. WESTERN INTL L.J. 63946 (1985).

59. Philip Alston, Revitalising United Nations Work on Human Rights and Development, 18MELB. U.L. REV. 216, 218 (1992).

60. See id.61. See id. at 219.62. See BEDJAOUI, supra note 3, at 21.63. See, e.g., Declaration on the Establishment of a New International Economic Order

(NIEO), UN G.A. Res. 3201 (S-VI) of May 1,1974. The NIEO comprises threeingredients. The first is the elimination of the economic dependence of developingcountries on developed country enterprise. The second is to promote the accelerated

development of the economies of the developing countries on the principle of self-reliance. The third is the introduction of appropriate institutional changes for the globalmanagement of world resources in the interests of mankind as a whole. SeeHope, BasicNeeds and Technology Transfer Issues in the New International Economic Order, 42AM. J. ECON. & SOC. 394 (1983).

64. See G.A. Res. 1161 (XII) (1957), 1957 U.N.Y.B. 1161, Sales No. 58.I.1.


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In 1961, the General Assembly designated the 1960s as the UnitedNations Development Decade.65 The resolution of the Assembly did not,though, mention human rights. However, four years later, the General

Assembly adopted a resolution recognizing the need to devote specialattention to the promotion of respect for human rights.66 This attention, theresolution stated, should be devoted to both the national and internationallevel, within the context of the Development Decade.67

In 1960, a UN report on development activities68 clearly identified thelink between human rights and development in the following words:

One of the greatest dangers in development policy lies in the tendency to giveto the more material aspects of growth an overriding and disproportionateemphasis. The end may be forgotten in preoccupation of the means. Human

rights may be submerged, and human beings seen only as instruments ofproduction rather than as free entities for whose welfare and cultural advancethe increased production is intended. The recognition of this issue has aprofound bearing upon the formulation of the objectives of economic develop-

ment and the methods employed in obtaining them . . . the growth and well-being of the individual and larger freedom, methods of development may beused which are a denial of basic human rights.69

The first United Nations World Conference on Human Rights was held

in Teheran from 22 April to 13 May 1968, following a UN resolution to thateffect.70 The Teheran Proclamation elaborated on the theme of the 1957resolution of the General Assembly.71 It acknowledged that:

The widening gap between the economically developed and developing

countries impedes the realization of human rights in the international commu-nity. The failure of the Development Decade to reach its modest objectives

makes it all the more imperative for every nation, according to its capacities, tomake the maximum possible efforts to close this gap.72

Subsequently, the General Assembly adopted the Declaration on SocialProgress and Developmenton 11 December 1969.73 The Declaration states

65. See G.A. Res. 1710 (XVI) (1961), 1961 U.N.Y.B. 1710, Sales No. 62.I.1.66. See Measures to Accelerate the Promotion of Respect for Human Rights and Fundamen-

tal Freedoms, G.A. Res. 2027 (XX) (1965), U.N. GAOR, 1381st plen. mtg.67. See id.68. U.N. Doc. E/3347/Rev. 1 (1960).69. Id. at 90.70. First UN World Conference on Human Rights, 22 April13 May 1968. SeeG.A. Res.

2081 (XX) of 20 December 1965.71. See G.A. Res. 1161 (XII) (1957).72. Proclamation of Teheran, Final Act of the International Conference on Human Rights,

22 April13 May 1968, 12. For the text of the Proclamation, seeTHE UNITED NATIONSAND HUMAN RIGHTS, 194595, at 247 (1995).

73. See Declaration on Social Progress and DevelopmentG.A. Res. 2542 (XXIV) (1969),1969 U.N.Y.B. 2542, Sales No. E.71.I.1.


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that social progress and development shall aim at the continuous raising ofthe material and spiritual standards of living of all members of society.74

Such shall be done with respect for and in compliance with human rights

and fundamental freedoms. Since then, the relationship between humanrights and development has occupied a prominent place in the internationaldiscourse of rights.

The political economy of human rights thereafter found increasedresonance in the Charter of Economic Rights and Duties of States.75 Thepurpose of the Charter was to give a formal legal basis to earlier demandsand principles concerning the establishment of a new international eco-nomic order.76 In the preamble to the Charter, the General Assemblystressed that the Charter shall constitute an effective instrument towards the

establishment of a new system of international economic relations based onequity, sovereign equality, and interdependence of the interests of thedeveloped and developing countries.77

In 1977, the General Assembly of the United Nations adopted aresolution stating that Human rights questions should be examinedglobally, taking into account both the overall context of the various societiesin which they represent themselves as well as the need for the promotion ofthe full dignity of the human person and the development and well-being ofthe society.78

In the same year, the Commission on Human Rights decided to payspecial attention to consideration of the obstacles hindering the full realiza-tion of economic, social, and cultural rights, particularly in the developingcountries.79 It also decided to pay attention to the actions taken at the nationaland international levels to secure the enjoyment of those rights. It recognizedthe right to development as a human right. It recommended to the Economicand Social Council that it should invite the UN Secretary-General to study[t]he international dimensions of the right to development as a human rightin relation to other human rights based on international cooperation,including the right to peace, taking into account the requirements of the NewInternational Economic Order and the fundamental human needs.80

74. See id.75. Charter of Economic Rights and Duties of States, G.A. Res. 3281 (XXIX) of 12 Dec.

1974.76. Cf. Res. 3202 (S-VI), (1974).77. See id.

78. G.A. Res., GAOR 32nd Sess., U.N. Doc. A/Res/32 (1977).79. CHR/Res/4 (XXIII), U.N. ESCOR, 62d sess., Supp. No. 6, 4, U.N. Doc. E/CN.4/1257(1977). This resolution was the first recognition of the right to development as a humanright and the starting signal for a series of UN activities. SeeKarl de Vey Mestdagh,TheRight to Development, 28 N.I.L.R. 31, 34 (1982).

80. See id.


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All of these instruments were elaborated upon pursuant to the creationof a more just and equitable world.81 Since 1977, the debate has beenpursued with increasing vigorunder the rubric of the right to develop-

ment. The debate brings together several important themes, includingthe legal foundations of the classical human rights and the basis for recognition

of new rights, the priority to be accorded to the different sets of rights, the linksbetween human rights and democratic governance, the extent to which the

international community bears some responsibility for assisting states whose

resources are inadequate to ensure the human rights of their own citizens, andthe relationship between individual and collective rights (including peoplesrights).82

The links between human rights and democratic governance are alsoincluded.

B. The Declaration on the Right to Development

The General Assembly of the United Nations adopted the Declaration onthe Right to Development (DRD) in 1986.83 Some objections andmisgivings were expressed at the time of the adoption of the DRD.84 The

objections notwithstanding, the document was adopted.85

This was inrecognition of the fact that Development is a comprehensive economic,social, cultural, and political process, which aims at the constant improve-ment of the well-being of the entire population and of the individuals on thebasis of their active, free and meaningful participation in development andin the fair distribution of benefits resulting therefrom.86

The DRD declares that the right to development is an inalienable

81. See Akin Oyebode, UN and the Protection of Human Rights in Africa, in AFRICAANDTHEUN SYSTEM: THE FIRST FIFTY YEARS 90, 92 (G.A. Obiozor & A. Ajala eds., 1998).82. See STEINER & ALSTON, supra note 53, at 1110.83. Declaration on the Right to Development, G.A. Res. 41/128, annex, 41 U.N. GAOR

Supp. (No. 53) at 186, U.N. Doc. A/41/153 (1986) [hereinafter DRD].84. The Federal Republic of Germany maintained that the DRD would lead to the erosion

of individual rights. Japan maintained that the right to development might be invoked tolegitimize violations of the rights of citizens. Australia maintained that the DRD failed todraw a distinction between peoples rights and individual rights. The United Statesmaintained that the DRD tended to dilute and confuse the human rights agenda. TheUnited Kingdom maintained that the Declaration provided an over-simplified view ofthe complex relationship between disarmament, security and development. It further

maintained that the Declaration provided a mistaken link between the promotion ofhuman right and the establishment of a new international economic order.

85. The United States was the sole country to vote against it. This signals the continuedneed for rich capitalist nations to recognise the legitimate rights claims of poor nation.Howard, supra note 54, at 215.

86. SeeDRD, supra note 83, pmbl. 2.


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human right by virtue of every human person and all peoples entitled toparticipate in, contribute to, and enjoy economic, socio-cultural, andpolitical development, in which all human rights and fundamental freedoms

can be fully realized.87 It further declares that the right to developmentimplies the full realization of the right of peoples to self-determination. Thisincludes the exercise of the inalienable right of peoples to full sovereigntyover the entire natural wealth and resources.88

Human beings have a responsibility for development, both individuallyand collectively. They should take into account the need for full respect oftheir human rights and fundamental freedoms. They should take intoaccount their duties to the community. They should promote and protect anappropriate political, social, and economic order for development. This

alone can ensure the free and complete fulfillment of the human being.89According to Article 2(3), states also have the right and the duty90 to

formulate appropriate national development policies. Such policies shouldbe aimed at the constant improvement of the well-being of the entirepopulation. The basis is their active, free, and meaningful participation indevelopment and in the fair distribution of the resulting benefits. States, theDRD continues, also have the duty to formulate international developmentpolicies that aim at the constant improvement of the well-being of the entirepopulation and of all individuals . . .91

States are to undertake, at the national level, all necessary measures forthe realization of the right to development.92 They are to ensure, inter alia,equality of opportunity for all in their access to basic resources. Theseinclude education, health services, food, housing, employment, and the fairdistribution of income. Recognizing that women often suffer substantial anddisproportionate difficulties in securing human rights, the DRD providesthat effective measures are to be taken to ensure that women have an activerole in the development process. Appropriate economic and social reformsare to be carried out with a view to eradicating all social injustices.93

Article 3(3) of the DRD provides that states have the duty to cooperate

87. Id. art. 1(1).88. See id. art. 1(2). Cf. the General Assembly Resolution on Permanent Sovereignty over

Natural Resources, UN Res. 1803 (XVII) of 14 December 1962. As MohammedBedjaoui points out, there is a necessary relationship between authentic sovereignty andthe right to development, between true sovereignty over the wealth of a country and thatcountrys right to development. SeeBEDJAOUI, supra note 53.

89. See DRD, supra note 83, art. 2(2).

90. This is a linguistic and juristic confusion. Right and duty are jural correlatives. Everyright, or claim, implies the existence of a correlative duty. Right has no content apartfrom the duty. SeeR.W.M. DIAS, JURISPRUDENCE 2526 (1985).

91. See DRD, supra note 83, art. 2(3).92. See id. art. 8(1).93. See id.


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with each other in ensuring development and eliminating obstacles todevelopment. They should realize their rights and fulfill their duties in sucha manner as to promote a new international economic order based on

sovereign equality, interdependence, mutual interest, and cooperationamong all states.

C. Arising Matters

Some pertinent questions may be asked at this stage. To whose benefit doesthe right to development inure? Is it to the state or to the individual? Is thestate the bearer or beneficiary of development rights? Put in another way, is

the individual the subject of development rights?Some believe that the right to development was conceived long before

being addressed in the context of the emerging International Law ofDevelopment, and as one of its constituent elements. Thus, originally, itwas conceived of as one of the human rights of the individual.94 In fact, theconcept of an International Development Right was first implied by theresolution of the International Labor Organization (ILO) conference inPhiladelphia to the effect that [A]ll human beings, irrespective of race,creed or sex, have the right to pursue both their material well being and

their spiritual freedom and dignity, in conditions of economic security andequal opportunity.95

That resolution was passed in May 1944. Sometime after this, the rightto development continued to be conceived of as a human right. It was,therefore, contemplated by, or implied in, some of those rights enumeratedin the post World War II universal and regional instruments.96

The United Nations Study on the International Dimension on the Rightto Development97 also attests to this. It makes the individual the solebeneficiary of this right. The study identified the following elements asforming part of the concept of development:

(i) The realization of the potentialities of the human person in harmony with the

community should be seen as the central purpose of development;

(ii) The human person should be regarded as the subject and the object of thedevelopment process;

94. See F.V. GARCIA AMADOR,THE EMERGING INTERNATIONAL LAWOF DEVELOPMENT 49 (1990).95. See General Conference of the International Labour Organization (26th Sess.), adopted

12 May 1944, available on International Labour Organization .96. See e.g., Universal Declaration of Human Rights, adopted10 Dec. 1948, G.A. Res. 217

A(III), U.N. GAOR, 3d Sess., (Resolutions, pt. 1), at 71, arts. 2227, U.N. Doc A/810(1948), reprinted in 43 AM. J. INTL L. SUPP. 127 (1949); arts. XIXIV of the AmericanDeclaration of Rights and Duties of States (1948).

97. See U.N. ESCOR, 35th sess., Agenda Item 8, 27, U.N. Doc. E/CN.4/1334 (1979).


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(iii) Development requires the satisfaction of both material and non-materialbasic needs;

(iv) Respect for human rights is fundamental to the development process;

(v) The human person must be able to participate fully in shaping his ownreality;

(vi) Respect for the principles of equality and non-discrimination is essential;

and

(vii) The achievement of a degree of individual and collective self-reliance must

be an integral part of the process.98

However, in January 1979, the Human Rights Commission (HRC)adopted a resolution stating that equality of opportunity for development

was as much a prerogative of nations as of individuals within nations.99

Thesame year, the General Assembly of the United Nations adopted aresolution reflecting the view of the Commission, that the right to develop-ment is a human right and that states and individuals should enjoydevelopment.100 In 1980, the HRC again adopted a resolution repeating itsearlier view.101

It is, however, possible, on several different bases, to think of the right todevelopment as a collective right. The first possibility is to consider the rightto development as the aggregate of the social, economic, and cultural rights

of all the individuals constituting a collectivity. In other words, it is the sumtotal of a multiple aggregation of the rights of the individuals.102 Anotherway is to approach the right to development directly from a collectiveperspective. It could be considered as the economic dimension of the rightto self-determination. It could, alternatively, be considered a parallel to theright of self-determination, partaking of the same nature and belonging tothe same category of collective rights.103

The right to developmentflows from the right to self-determinationand has the same nature.104 There is little sense in recognizing self-

determination as a superior and inviolable principle if one does not

98. Id.99. See CHR/Res./5 (XXXV).

100. See G.A. Res./34/46 (1979).101. See CHR/Res./6 (XXXVI) (1980).102. See GEORGES ABI-SAAB, The Legal Formulation of a Right to Development in Academy of

International Law, in THE RIGHTTO DEVELOPMENTATTHE INTERNATIONAL LEVEL 164 (Ren Jeaned., 1980).

103. Id.104. The right to self-determination is a cornerstone of the international legal system, and hasbeen a premier concern of the international community since the creation of the UntiedNations in 1945. The International Covenant on Civil and Political Rights, adopted16Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, art. 1, U.N.Doc. A/6316 (1966), 999 U.N.T.s. 171 (entered into force23 Mar. 1976) provides, forexample, in article 1 that [a]ll people have the right to self-determination. By virtue of


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recognize at the same timea right to development for the peoples thathave achieved self-determination. This right to development must be aninherent and built-in right forming an inseparable part of the right to

self-determination.105 This makes the right to development much more aright of the state or of the people, than a right of the individual.106 Accordingto this view, therefore, the primary responsibility for development andhuman rights rests with nations themselves. This is a matter of self-determination. There is no doubt, from all of the above, that the right todevelopment is a core right. All other rights stem from, or point to, this right.It is [t]he precondition of liberty, progress, justice and creativity. It is thealpha and omega of human rights, the first and last human right, thebeginning and the end, the means and the goal of human rights.107 The

DRD itself attests to this. It enjoins states to take steps to eliminate obstaclesto development resulting from failure to observe civil and political rights, aswell as economic, social, and cultural rights.108

It is submitted that the DRD is a document oriented to human rights. Itplaces due emphasis on the central position of the human person in thedevelopment process. It is an important contribution to the debate onhuman rights and development. Besides, it is an important contribution tonational and international policies in this area. Its adoption marked aturning point, expressing a new way of regarding the very concept of

development following the failures of national and international develop-ment policies. This failure had been attested to by the increasing concentra-tion of wealth and power in the hands of a few.

With the adoption of the DRD, the international community questionedfor the first time the idea that the primary objective of economic activity wasto improve economic and financial indicators.109 Instead, it placed humanbeings, individually and collectively, at the center of all economic activity110

that right they freely determine their political status and freely pursue their economic,social, and cultural development.See alsoThe International Covenant on Economic,Social and Cultural Rights, adopted16 Dec. 1966, G.A. Res. 2200 (XXI), U.N. GAOR,21st Sess., Supp. No. 16, art. 1(1), U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3 (enteredinto force3 Jan. 1976). The self-determination provisions are important because therealization of this right is a fundamental prerequisite for the effective guarantee andobservance of individual human rights. It is also pivotal in securing and strengtheninghuman rights protection measures. See CENTER FOR HUMAN RIGHTS, FACT SHEET NO. 16(Rev. 1), at 7.

105. See BEDJAOUI, supra note 1.

106. See id.; Jack Donnely, In Search of the Unicorn: The Jurisprudence and Politics of theRight to Development, 15 CAL. W. INTL L.J. 473, 482 (1985).107. BEDJAOUI, supra note 53; see alsoWeeramantry, The Right to Development, 25 IND. J.

INTL. L. 482 (1985).108. See DRD, supra note 83, art. 6(3).109. See THE UNITED NATIONSAND HUMAN RIGHTS, supra note 72, at 75.110. See DRD, supra note 83, pmbl. 13.


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as active participants and beneficiaries of the right to development.111 Iftaken seriously, the DRD would:

Strengthen the relevance of human rights in the development process, serve the

recognition of the human person and the human factor as central in develop-ment efforts, provide a sound political, legal, social and moral basis for

development cooperation, and lend itself to effective use. In this way, it will be

a suitable yardstick in the development of human rights dialogue betweendeveloped and developing nations.112

In addition to the DRD, there are several normative texts and docu-ments that purport to integrate human rights into the development process.In addition, some policy statements by intergovernmental and nongovern-

mental organizations also contribute to this effort. One example is theGlobal Consultation on the Right to Development as a Human Right.113 TheConsultation reaffirmed the right of individuals, groups, and peoples tomake decisions collectively, to choose their own representative organiza-tions, and to have freedom of democratic action, free from interference.114

Another example is the Vienna Declaration and Programme of Action.115

The Declaration reaffirmed the right to development as a universal andinalienable right and an integral part of fundamental rights. It stated,however, that while development facilitates the enjoyment of all human

rights, the lack of development may not be invoked to justify the abridge-ment of internationally recognized human rights.116 In adopting the ViennaDeclaration, the Conference proclaimed that democracy, development, andrespect for human rights and fundamental freedoms are interdependent andmutually reinforcing.

There have also been regional attempts in this regard. The AfricanCharter on Human and Peoples Rights (Banjul Charter)117 is one example. It

111. See id. art. 2(1).112. See Theo van Boven, Human Rights and Development: The UN Experience in FORSYTHE

124.113. The Consultation took place in Geneva, Switzerland from 8 to 12 January 1990.114. See also the Declaration on the Progressive Development of Principles of Public

International Law relating to New International Economic Order. The Declaration wasadopted at the 62nd Conference of the International Law Association held in Seoul,Korea in August 1986. The Declaration deals, inter alia, with issues, such as: theprinciples of equity and solidarity and the entitlement to development, the right todevelopment, the principle of common heritage of mankind, and the participatoryequality of developing countries in international economic relations.

115. See Vienna Declaration and Programme of Action, U.N. GAOR, World Conf. On Hum.

Rts., 48th Sess., 22d plen. mtg., part I, U.N. Doc. A/CONF.157/24 (1993), reprinted in32 I.L.M. 1661 (1993).116. See id. at art. 31.117. African Charter on Human and Peoples Rights, adopted26 June 1981, O.A.U. Doc.

CAB/LEG/67/3 Rev. 5 (entered into force 21 Oct. 1986), reprinted in 21 I.L.M. 58(1982). For its official Web site, see .


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provides, inter alia, that [a]ll peoples shall have the right to their economic,social and cultural development, with due regard to their freedom andidentity and in equal enjoyment of the common heritage of mankind. States

shall have the duty, individually and collectively, to ensure the exercise ofthe right to development.118 We are, thus, not short of rhetoric. Theblueprints for a more just international and social order, oriented towardhuman rights, are available. They are, in fact, well-conceived. The problem,however, is with the implementation of these lofty proclamations. In otherwords, realities are in very short supply. The gap between standardsofjustice, achievement, and performanceand aspiration is evident every-where.

IV. AGENDA FOR THE NEW MILLENNIUM

From what has been said so far, the evolution of conceptions aboutdevelopment has led to the following efforts: to reflect about the ultimateobjective of development; to move away from considering developmentjust as an economic process or a set of economic measures; to include thesatisfaction of material and non-material needs as objectives of the develop-ment process; to emphasize the role of the individual as beneficiary and asactor while also stressing the rights of nations; and to look into morecontextual factors, such as the international order and the environment.119

What, then, must be done? How do countries of the Third Worldprepare for the next millennium? Two approaches will be adopted by thisarticle in positing an answer. One approach looks to domestic remedies andthe other to international cooperation.

A. Domestic Remedies

The Working Group on the Right to Development stressed that [s]tateshave the primary responsibility to ensure the conditions necessary for theenjoyment of the right to development, as both an individual and acollective right. Development cannot be seen as an imported phenomenonor one that is based on the charity of developed countries.120 Implementa-tion of the right to development could only be the result of national policy

118. Id. at art. 22.119. See Jose Zalaquette, The Relationship Between Development and Human Rights, in

FOODASA HUMAN RIGHT 146 (Asbjorn Eide et al. eds., 1984).120. Report of the Working Group on the Right to Development, 3d Sess., U.N. Doc. E/CN.4/

1995/27.


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and strategy, taking due account of the specific situation of each country. Itmust, of course, not ignore economic realities.121 This is where the right todevelopment becomes relevant. There must be a Third World redefinition of

development, one that is suitable to Third World needs. Too often, ThirdWorld countries tend to overlook this in their search for development.

The Third World perception of development is, and must be, differentfrom those of foreign interests.122 As Frantz Fanon reminds us, Let us notpay tribute to Europe by creating states, and societies which drew theirinspiration from her. . . . If we wish to live up to our people s expectations,we must seek the response elsewhere than in Europe.123 Every society mustwork in a deliberate and carefully structured way to ensure the enjoymentby all its members of their economic, social, and cultural rights. For Third

World countries, it is essential that specific policies and programs bedevised and implemented by their governments that are aimed at ensuringrespect for the economic, social, and cultural rights of their citizens.124

Countries of the Third World should turn inwards because charity begins athome. They must devise internal strategies for economic growth. They mustdevelop their own resources and technology. Their future will remain bleakas long as they continue to copy foreign patterns of development.125 Theyshould search for means of development within their own resources. Theymust change their attitude of depending on the goodwill of others. The child

must now become the father of the man.126 They must, consequently,begin to pay more attention to the traditional values and attitudes of theirsocieties.

The aim of development is not only economic and financial efficiencyand improvement of the principal macroeconomic indicators, such as grossnational product and the balance of trade and payments. The aim of thiscomplex process is, in substance, to increase the active participation of thepopulation as a whole. An individuals, or a peoples, right to developmentplaces a concomitant duty on the state to ensure for each individual the fulland free right of participation and benefit from the development process ofsociety as a whole.127

Development should promote social change centered on people. It

121. See THE UNITED NATIONSAND HUMAN RIGHTS, supra note 72, at 75.122. See Weeramantry, supra note 107.123. FANON, supra note 34, at 315.124. See, e.g., Statement to the World Conference on Human Rights on behalf of the

Committee on Economic, Social and Cultural Rights, U.N. Doc. E/1993/22, Annex III.125. See Augustin Oyowe, The Way ahead for Africa, 156 THE ACP-EU COURIER 1996, at 72.126. THE POEMSOF WILLIAM WORDSWORTH 115 (NOWELL CHARLES SMITH ed., 1908).127. See Ved Nanda, Development and Human Rights: The Role of International Law and

Organizations, HUMAN RIGHTSAND THIRD WORLD DEVELOPMENT 301(G.W. Shepherd, Jr. & Y.P.Nanda eds., 1985).


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should lead to a democratically controlled system of production. It must bedesigned to satisfy human and social needs. The desired progress must bemeasured in terms of social justice, equality, well-being, and respect for the

fundamental dignity of all individuals, groups, and peoples.128On a fundamental level, basic needs will, of course, continue to be the

basic demand on the Third World. Citizens will increasingly call on theirgovernments to serve their happiness129 and harmony. This, after all, is thepurpose of the state:

The State exists simply to promote and to protect the ordinary happiness ofhuman beings in this life. A husband and wife chatting over a fire, a couple offriends having a game of darts in a pub, a man reading a book in his own room

or digging in his own gardenthat is what the state is there for. And unless theyare helping to increase and prolong and protect such moments, all the laws,parliaments, armies, courts, police, economics, etc., are simply a waste oftime.130

Similarly, one of the central concerns of international economicplanning should be the satisfaction of basic needs.131 Democracy, stability,and peace cannot long survive in conditions of chronic poverty, disposses-sion, and neglect.132

Third World governments must provide or promise a sure relief from

hunger and deprivation. Without such a promise disorder would beinevitable. This promise of relief from the problem of terrible vulnerabil-ity133 requires that available or usable resources exist. These are thechallenges facing the Third World as it approaches the next millennium.And they are urgent!

Of course, a higher task exists for countries of the Third World. They, asany other society, must ensure their survival.134 The satisfaction of basicneeds is only part of the pattern, for man shall not live by bread alone.

128. See THE UNITED NATIONSAND HUMAN RIGHTS, supra note 72, at 76.129. The notion of happiness lacks philosophical exactitude. There is no agreement on its

substance or source. We, however, know that it is a profound instinctive union withthe stream of life. BERTRAND RUSSELL, THE CONQUEST OF HAPPINESS 249 (1930). Cf. BILLYGRAHAM, THE SECRET OF HAPPINESS Preface (1956). There happiness is associated withserenity, confidence, contentment, peace, joy and soul satisfaction.

130. C.S. LEWIS, MERE CHRISTIANITY 167 (1944).131. The basic needs approach goes back to the World Employment Conference of 1976.

During the Conference, the Dutch Minister for Development Cooperation suggestedthat a basic needs strategy should constitute a central theme or basis for the work of thewhole UN system. Such a strategy should concentrate on those most in need and on

essential human needs. For a history of the emergence of the basic needs strategy, seeUNESCO Doc. 105 EX17 1654 (22 Sept. 1978).

132. See N.J. Udombana, Socio-Economic Rights and the Nigerian Worker, 3 MOD. PRACTICEJ. FIN. & INVEST. L. 397, 411 (1999).

133. JEAN DRZE & AMARTYA SEN, HUNGERAND PUBLIC ACTION 20 (1989).134. See GALBRAITH, supra note 27, at 274.


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Bread, of course, is very important; in fact, man cannot live without it!However, the tapestry is much larger. Other values need to be considered,too. The basic-needs strategy, unfortunately, has been used as a convenient

excuse by countries of the Third World. It is as if the only problem ofdeveloping countries is to provide the maximum requirements necessary forsubsistence.

What is wrong with basic needs? It is a diversion and a cold-bloodedstrategem. It carves people into layers of povertyrelative and absoluteand sets up arbitrary statistical criteria of judging levels of growth. In theend, a focus on basic needs aims at ameliorating rather than eradicatingpoverty.135 A strategy that aims only to satisfy basic needs would, if followed,reduce the stature of the human race.136

Third World development must, therefore, be geared towards a largerend. The promise of a better life in the next millennium must, consequently,be matched with concrete development plans. The hope for survival,security, and contentment requires that our governments direct theirresources to the most urgent needs. They must get their acts together; theseefforts must go beyond bogus and fraudulent contrivances. They must, forexample, go beyond Vision 2010137 that the Abacha misrule put in place forNigeria. Countries of the Third World must get matters into better perspec-tive. Their priorities must be right. They must be more consistent with life

itself.The Third World has the human and material resources necessary to

eliminate poverty and other incidents of underdevelopment. To achievethis, however, their governments must accept certain standards of goodgovernance, which should be based on legitimacy, accountability, compe-tence, and respect for human rights. Countries of the Third World arepresently undergoing momentous political transformations. Their citizensare yearning and clamouring for democracy.

Military rule and dictatorship are increasingly becoming an aberration.The burden of proof is now on military regimes to show reasons why theymust not democratize. In most cases, they have failed to discharge thisburden. And, as contemporary experiences show, the international commu-nity is beginning to isolate dictators. Hopefully, the tempo of democratiza-tion will increase in the new millennium.

135. See Altaf Gauhar, What is Wrong with Basic Needs?, 4 THIRD WORLD Q. xxi (July 1982).136. See U.N. Doc. E/CN.4/A/SR 1489.

137. The Vision 2010 Committee was empanelled to draw up, inter alia, an economicblueprint for Nigeria for the next millenium. The Committee, headed by Chief ErnestShonekan, was obviously a talk shop. It provided relief for the dictator who was beingpressurized to convene a Sovereign National Conference to address fundamentalnational issues. See Report of the Vision 2010 Committee, available on .


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Those who prefer authoritarianism think otherwise. They insist thatdeveloping countries must temporarily sacrifice freedom to achieve therapid economic development that their exploding populations and rising

expectations demand. In short, they believe that government must beauthoritarian to promote development. This is a lie. Authoritarianism is notneeded for development; what it is needed for is to maintain the statusquo.138

The UN Secretary General, in a report on the regional and nationaldimensions of the right to development as a human right, stressed that[a]ny development strategy which directly involves the denial of funda-mental human rights, in whatever name or cause it may be undertaken,must be deemed to be a systematic violation of the right to development.139

Countries of the Third World must also face the problem of corrup-tion;140 theft of public funds by government functionaries has become therule in most Third World countries. It is reported, for example, that MobutuSese Seko, former President of Zaire (now Democratic Republic of theCongo), looted over $10 billion (US) from his countrys treasury.141 InNigeria, current President Olusegun Obasanjo puts former dictator GeneralSani Abachas loot at $4.3 billion (US).142 There is no longer any doubt thatcorruption has contributed to the underdevelopment of the Third World,since such stolen monies are usually siphoned into foreign banks where

they are subsequently redirected to Third World countries as loans. Thesecurities for such loans are, of course, the unborn children of the ThirdWorld. Their greedy leaders have mortgaged their future!

The Third World cannot focus on development in an environment ofunbridled corruption by government functionaries. The rest of the worldwill not take them seriously. Third World countries must, therefore, first settheir houses in order.

There also has to be a massive shift in resources. Countries of the ThirdWorld must deliberately shift their resources. They must not devote, if their

138. Jose Diokno, Text of the Amnesty International 1978 Sean MacBride Human RightsLecture, AI Index: ICM01/11/78.

139. U.N. Doc. E/CN.4/1488, 31 Dec. 1981, cited in THE UNITED NATIONSAND HUMAN RIGHTS,supra note 72, at 76.

140. According to the 1996 ANNUAL CORRUPTION PERCEPTION INDEX, published by TransparencyInternational, an NGO, the most corrupt country was judged to be Nigeria, followed byPakistan, Kenya, Bangladesh, and China, quoted in UNITED NATIONS DEVELOPMENT REPORT of1998 for Nigeria, at 31.

141. See THE GUARDIAN (Nigeria), 9 Mar. 2000, at 8.142. See THE GUARDIAN (Nigeria), 8 Feb. 2000, at 1. In 1992, it was reported in The Financial

Times that 300 Nigerians own over U.S. $30 billion in European and North Americanbanks. Similar cases of mind-boggling foreign accounts belonging to other Africancitizens abound. See Afe Babalola, Legal and Judicial Systems and Corruption, inCORRUPTION, DEMOCRACYAND HUMAN RIGHTSIN WEST AFRICA, 93, 94 (A. Aderinwale ed., 1994).


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countries are to survive, so many resources to debt servicing and defenseprocurement. They must begin to invest in such sectors as education, foodsecurity, and health. As General Eisenhower reminded the world, Every

gun that is made, every warship launched, every rocket fired, signifies, in afinal sense, a shift from those who hunger and are not fed, from those whoare cold and are not clothed.143 The Limburg Principles144 provide that Inthe use of the available resources due priority shall be given to therealisation of rights recognised in the Covenant on Economic, Social andCultural Rights, mindful of the need to assure to everyone the satisfaction ofsubsistence requirements as well as the provision of essential services.145

The new international economic order appears to be working againstThird World countries. The Cold War has ended. However, it has also

reduced most of the realpolitikconstraints on placing human rights at thetop of the world agenda. The former Soviet bloc countries are currentlyfighting a war of economic survival; they hardly find time these days to fightfor Third World interests.

This is reminiscent of Western liberalism and Adam Smiths The Wealthof Nations.146Darwins survival of the fittest is the motto of this new orderand Machiavellis the end justifies the means147 is its ally. Some haveindeed prophesied that the new international economic order will bebased on capitalism and divided into three spheres of economic andpolitical domination (Latin America by the United States, Africa by theEuropean Community, and Asia by Japan).148 This frightening prophecysounds like another Berlin!149

143. General Eisenhower, quoted in Weeramantry, supra note 107, at 482.144. See The Limburg Principles on the Implementation of the International Covenant on

Economic, Social and Cultural Rights, adopted8 Jan. 1987, U.N. ESCOR, Commn on

Hum. Rts., 43rd Sess., Agenda Item 8, U.N. Doc. E/CN.4/1987/17/Annex(1987),reprinted in The Limburg Principles on the Implementation of the InternationalCovenant on Economic, Social and Cultural Rights, 9 HUM. RTS. Q. 122 (1987). TheLimburg Principles are statements on the current state of international law on economic,social, and cultural rights by 29 international law experts who met to consider theimplementaion of the International Covenant on Economic, Social and Cultural Rights(Maastricht, the Netherlands, 26 June 1986).

145. Id. at 126, art. 28.146. ADAM SMITH, THE WEALTHOF NATIONS (R.H. Campbell & A.S. Skinner eds., 1976).147. NICCOLO MACHIAVELLI, THE PRINCE, 94 (trans. Luigi Ricci 1952).148. Manfred Nowak, Future Strategies for the International Protection and Realization of

Human Rights, in THE FUTUREOF HUMAN RIGHTS PROTECTIONINA CHANGING WORLD 60 (1991).

149. The Berlin Conference of 188485 saw the partition of Africa into various spheres ofinfluence by the European powers. The event had a profound impact on the continentsof Africa and Europe and their peoples, and, indeed, the global system at large, AFRICAAND EUROPE: FROM PARTITION TO INDEPENDENCE OR DEPENDENCE? Preface (Amadu Sesay ed.,1986). See generallyRODNEY, supra note 8; BASIL DAVIDSON, THE BLACK MANS BURDEN: AFRICAANDTHE CURSEOFTHE NATION STATE (1992).


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These developments will, in the long run, hardly contribute to prosper-ity and social welfare in the South. It will contribute instead to mass poverty,social unrest, and gross violations of human rights. Third World countries

must, therefore, not be aloof to these developments; they must discover newstrategies. They must explore new ways of survival and the means ofachieving the kind of development associated with the human right todevelopment.

Several events in the past few years have shaped the economic andother programs of Third World countries. The debt crisis, perhaps, has beenthe most significant. Its most pervasive consequence was that developingcountries ceased to receive positive resource transfers. Instead, they movedto negative positions.150

How did a majority of these economies respond to the debt burden andthe virtual drying up of foreign capital and reserves? They adopted varyingversions of International Monetary Fund (IMF)-dictated Structural Adjust-ment Programmes (SAPs).151 These involved the liberalization of economiccontrols, privatization/commercialization, de-indigenization, introductionof market-driven economic policies, and promotion of exports.

The irony is that most of these countries do not even believe in SAPs.However, they are compelled to participate in them in order to have accessto funds. What has been the result? Their economic status quo antehas not

changed for the better. SAPs have, instead, worsened the economiccircumstances of developing countries.152 It is submitted that the structuraladjustment policies of the IMF and World Bank, whatever their contributionto debt relief, have placed an intolerable burden on the poorest populationsof the developing world.153 SAPs are the creditors device to securerepayment for ill-considered loans.154

Countries of the Third World, therefore, should be wary of adoptingpolicies that are not consistent with their own agendas. Countries shouldcarry out reforms because they are the right thing to do, not because theyare what the World Bank and the IMF want,155 as the operations of these

150. See J.J. Olloqui, The International Debt Crisisin INTERNATIONAL FINANCEAND EXTERNAL DEBTMANAGEMENT 5 (Lagos: UNCTC/UNDP/FMJ, 1991); Yemi Osinbajo & OlukonyinsolaAjayi, External Debt Management: Case Study of Nigeria INTERNATIONAL FINANCE 69.

151. See generallyM.A. Ajomo et al., REGULATIONOF TRADEAND INVESTMENTINAN ERAOF STRUCTURALADJUSTMENT; THE AFRICANEXPERIENCE (1995).

152. See Osinbajo & Ajayi, supra note 6, at 731.153. See World Debt and the Human Condition: Structural Adjustment and the Right to

Development (Ved P. Nanda et al. eds., 1993).154. L. Michael Hager, 89 AM. J. INTL L. 464 (1995).155. Oyowo, supra note 125. See generallyTsui Selatile, African Alternative Framework to

Structural Adjustment Programme for Socio-Economic Recovery and Transformation, inREGULATIONOF TRADEAND INVESTMENTINAN ERAOF STRUCTURAL ADJUSTMENT: THE AFRICAN EXPERIENCE1 (1995).


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two institutions has worked to undermine the right to self-determination ofmost Third World countries.156 A clear distinction should be drawn betweenconditionality and development assistance.

Economic development requires the organized application of resources,manpower, and leadership in the country concerned. It must be a sustainedactivity and it must not be subject to interruptions. It calls for an appropriatelegal and political environment. In such an environment, the variousessential factors can unite in a major effort. Such an environment is essentialto obtaining the benefits of international cooperationgoverned by interna-tional law.157

The question is, how can such an environment be created? The answeris simple. There must be arrangements that will create those conditions

essential to appropriate domestic investments and manpower policies. Sucharrangements could either be domestic or international. Countries mustcreate the enabling environment that will attract foreign investment and theprivate flows that will foster development.

B. International Cooperation

Traditional international law lays down rules for coexistencea modus

vivandi. The aim is to interfere with one another as little as possible. Itprovides a framework that is too narrow for the establishment of standardsfor the conduct of international affairs. The emphasis is on the obligation toabstain, based on an abstract and formal equality of states. This gives rise tosuch concepts as non-intervention, diplomatic immunity, and the like.

The traditional rules of international law, described above, are chang-ing, and they must continue to change. The law, like a traveler, must prepareitself for tomorrow. International law is no exception. International law mustkeep pace with developments in the world, otherwise it will suffer atrophy.

The world is also changing and will continue to change. Interdepen-dence among states is growing. Interstate relations are becoming more andmore a matter of active cooperation. It is no longer a matter of passive co-existence. The international law of cooperation has come to stay.Emphasis is now on the general interest of the whole internationalcommunity. Of course, the individual interests of the states are not leftout.158

156. Their policies have become so deeply insinuated in national policies without theconcomitant accountability that usually accompanies political power. See J. Oloka-Onyango, Beyond the Rhetoric: Reinvigorating the Struggle for Economic and SocialRights in Africa, 26 CAL. WEST. INTL L.J. 1, 10 (1995).

157. See CHARLES C. OKOLIE, INTERNATIONAL LAW PERSPECTIVESOFTHE DEVELOPING COUNTRIES 4 (1978).158. See WOLFGANG FRIEDMANN, THE CHANGING STRUCTUREOF INTERNATIONAL LAW 60 (1964).


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The relationship between the rich North and the poor South hasbecome central in international affairs. Growing disparities between thedeveloped and the developing countries and between population categories

are reflected in rising unemployment, deterioration in living standards,acceleration in migratory movements, growing marginalization, and anupsurge in poverty everywhere. These developments, and the burden ofdebt servicing, has provoked a rise in social and political tensions andconflicts and increased inequalities in the access to the right to develop-ment.159 This imbalance between the industrialized countries and thedeveloping world appears to be complete; the asymmetry is abnormal andthe discrepancies frightening. These scales of imbalance make ones headswim. The inequalities are so fantastic! They allow some to have a surplus

and prevent others from obtaining the bare necessities.All this is bound to lead to a major conflict situation if nothing is done

to address it. A situation where some people are the Wretched of the Earthis inexorably endangering world peace.160 The resources of the earth belongto the international community. They are the common heritage of man-kind to borrow the expression of the Law of the Sea Convention.161 Theseresources should be shared among all states in accordance with the maxim,to each according to his needs.

Many different organizations spend a great deal of effort trying to findways to bridge this gap. They include the United Nations and its relatedagencies such as the World Bank, the IMF, and the United NationsConference on Trade and Development (UNCTAD). Others organizationsare the Commonwealth, the Organization of African Unity (OAU), and theNon-Aligned Movement. Their efforts, notwithstanding the disparities, areconstantly growing due in part to obstacles and incorrectly placed emphasis.

The obstacles to Third World development are many. The first majorconstraint relates to insufficient transfers from multinational, bilateral, andprivate sources, as compared to the growing needs.162 Then there is theproblem of unequal distribution of resources within international agencies.The result is that social goals are at a disadvantage in comparison witheconomic goals.

There is also the generalization of a sectoral approach favoringeconomic growth. There is the tendency to separate macroeconomic

159. Report of the Working Group on the Right to Development on its Second Session, 5

Sept. 1994, UN Doc. E/CN.4/1995/11, excerpted in THE UNITED NATIONS AND HUMANRIGHTS, supra note 72, at 481.

160. See FANON, supra note 34.161. See Convention on the Law of the Sea, adopted10 Dec. 1982 at art. 136, U.N. A/

CONF. 62/122, reprinted in 21 I.L.M. 1261 (1982).162. See supra note 159.


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policies from social objectives. There is, finally, the problem of inadequatecoordination within the UN system.163

In regards to the United Nations, it must be stated here clearly that the

UN system has a responsibility to promote the right of development in theThird World. This demands greater coordination of strategies and programsand requires more effective cooperation in the field. It demands ongoingconsultation between specialized agencies and improved circulation ofinformation between them.

Further, the United Nations High Commissioner for Human Rights(UNHCR)164 should play a more important role in the realization of the rightto development. This role is envisaged in the resolution that created thepost.165 Her key responsibilities include the promotion and protection of

the realisation of the right to development and enhancing support fromrelevant bodies of the United Nations system for that purpose.166

Economic development and respect for human rights are the twinfoundations of peaceful and friendly relations among nations. Human rightsand economic development are interlinked and interdependent. One of thelinkages is through the firm association of each concept with the notion ofpeace. Another is through the clear acceptance of economic and socialrights as well-established human rights. The two concepts are complemen-tary to each other. They ought not to be treated as belonging to different

categories of study or enquiry.167

The legal obligation undertaken by states to promote and protecthuman rights under the UN Charter,168 must extend to economic develop-ment as well.169 This responsibility is not of a subsidiary or last-resort nature.It reflects, as a universal principle, the unity of mankind. It reflects thedignity and worth of all human beings. Recognition of this principle createsnew relationships between and within peoples and nations.170

The DRD stresses that states have the duty to cooperate in order to

163. See THE UNITED NATIONSAND HUMAN RIGHTS, supra note 72, at 7778.164. For its official Web site, seeThe United Nations High Commissioner for Human Rights,

.165. See General Assembly Resolution creating the post of the United Nations High

Commissioner for Human Rights, U.N. GAOR, G.A. Res. 48/141 of 20 Dec. 1993, citedin THE UNITED NATIONSAND HUMAN RIGHTS, supra note 72, at 471.

166. Id. art. 4.167. See M.G. Kaladharan Nayar, Human Rights and Economic Development: The Legal

Foundation, 2 UNIVERSAL HUM. RTS. 55 (1980).168. See e.g., U.N. CHARTER arts. 55, 56, signed26 Jun. 1945, 59 Stat. 1031, T.S. No. 993, 3

Bevans 1153 (entered into force24 Oct. 1945).169. This was the consensus of international experts expressed in Montreal Statement of the

Assembly for Human Rights, March 2227, 1968 at VII.170. See van Boven, supra note 112, at 133.


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ensure development and to eliminate obstacles to its realization.171 Theymust promote a new international economic order based on sovereignequality, interdependence, mutual interest, and cooperation.172 The prin-

ciple of self-determination requires democratization. It requires the estab-lishment of equitable and appropriate international structures. Such struc-tures must be open to effective and significant participation by all peoplesand all states. This is particularly important in the case of decision-makingstructures dealing with economic, financial, and monetary matters.173

Translating the implementation of the right to development to thedomestic level is one of the most pressing issues. It demands internationalcooperation. Article 2(1) of the International Covenant on Economic, Socialand Cultural Rights (ICESCR) preaches international cooperation.174 The

Copenhagen Declaration175 corroborates this. It also maintains that coun-tries with economies in transition, which are also undergoing fundamentalpolitical, economic, and social transformation, require the support of theinternational community as well. All of these impose obligations ondeveloped states to assist developing states in realizing their economic,social, and cultural rights.

Effective and sustained international cooperation is needed to providecountries of the Third World with the appropriate means and facilities tofoster their comprehensive development. This will, no doubt, complement

the efforts of the Third World countries themselves. The developed worldmust, for example, continue to pursue the very important issue of disarma-ment, as there is a close relationship between disarmament and develop-ment.176 Progress in the field of disarmament would considerably promoteprogress in the field of development measures. Resources released throughdisarmament measures should be devoted to the economic and socialdevelopment and well-being of all peoples and, in particular, those ofdeveloping countries.

When global development is spoken of, much emphasis is put on aid tothe less developed countries. This is fineexcept that it has been overem-phasized. Development is much more than foreign aid. Aid by its very

171. See DRD, supra note 83, art.3(3).172. See THE UNITED NATIONSAND HUMAN RIGHTS, supra note 72, at 78.173. See id.174. See International Covenant on Economic, Social and Cultural Rights, supra note 105,

art. 2(1).175. Copenhagen Declaration on Social Development and Programme of Action of the

World Summit for Social Development, adopted12 Mar. 1995, a

Documents

The Third World and the Right to Development