STATEMENT BY MR. PANKAJ SARAN COUNSELLOR AT THE 59TH SESSION OF THE COMMISSION ON HUMAN RIGHTS

AGENDA ITEM 7: THE RIGHT TO DEVELOPMENT

Over 50 years after the adoption of the Universal Declaration of Human Rights, we are nowhere close to realising the goal of "inherent dignity of man”, promised in that Declaration, for millions of poor around the globe. The vision of the Universal Declaration placing equal importance on freedom from fear as well as from want remains largely unfulfilled. The importance of the Right to Development, which represents a synthesis of civil, political, economic, social and cultural rights, lies in enabling the international community to address these important issues effectively.

The Vienna Declaration and Programme of Action re-affirmed that the Right to Development, as established in the 1986 General Assembly Declaration, is a universal and inalienable right and an integral part of fundamental human rights.

We also believe that rights are entitlements that require co-related duties and that the realisation of the Right to Development can be ensured only if the existence of corresponding obligations is acknowledged both at the national and international levels.

The realisation of the Right to Development requires first and foremost effective policies at the national level. States have the primary responsibility and obligation of adopting policies, setting priorities and allocating resources for the realisation of the Right to Development. In our view democracy, transparent, accountable and participatory governance alone can ensure that the actions of States in this area are in the best interests of the people. The function of the watchdog can be performed only by the people of the country who are the best judge of their needs. Prescriptive norms imposed from outside are counter-productive and contrary to the sovereign equality of States recognised in the Declaration.

It needs to be stressed that a rights-based approach to development or the mainstreaming of human rights in development is a concept distinct from the mainstreaming of the right to development in the promotion and protection of all human rights. Each has its place, but the one cannot subsume the other. We have to keep this distinction in mind while promoting the realisation of the right to development.

Equally important for realisation of the Right to Development are equitable economic relations, a conducive economic environment and cooperation at the international level. Article 3(3) of the Declaration on the Right to Development provides that States have the duty to cooperate with each other in ensuring development and eliminating obstacles to development. Article 4(1) also talks of the duty of States to take steps, individually and collectively, to formulate international development policies with a view to facilitating the full realisation of the Right to Development.

Madame Chairperson,

The developing countries continue to remain starved of resources required for realisation of the Right to Development. More importantly, the world today is a global village where national boundaries no longer guarantee that a country will be invulnerable to external financial and economic influences. We take note of the positive contribution towards the realisation of this right already being made by the UN system and other international bodies. At the same time, we believe that this work needs to be adapted better to the imperatives of the Right to Development and much more needs to be done at the international level.

This has been recognised repeatedly at the Summits in Vienna, Copenhagen, Cairo, Beijing, Monterrey, Doha, and Johannesburg, not to mention the Millennium Development Goals. These Summits reflect the international consensus that exists at the highest level. It is our responsibility as members of this Commission to contribute to the effective implementation of these decisions in so far as they impact on the Right to Development.

India attaches great importance to the Working Group on the Right to Development. As noted by the High Commissioner for Human Rights, and I quote "This Working Group stands today as the only official global forum on human rights and development in which States, international agencies, financial institutions and NGOs participate annually unquote. The preliminary study of the Independent Expert on the impact of international economic and financial issues on the enjoyment of human rights has provided valuable insights into the obstacles that exist in the realisation of the Right to Development. This line of study needs to be carried further with a view to identifying the strategies to overcome them.

We are therefore deeply disappointed that the Working Group in its fourth Session could not arrive at a consensus on its Conclusions and recommendations. It is regrettable that there was an unwillingness by certain Groups to even engage in a dialogue on the recommendations. The Right to Development cannot be achieved without partnership and cooperation. We call upon all States to join the international community in the operationalisation of the Right to Development.

Madame Chairperson,

Let me conclude by calling upon the Commission to unanimously renew the mandate of the Working Group on the Right to Development for another two years.