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  • Commission starts general debate on right to development,discusses r

    Office of the United Nations High Commissioner of Human Rights
    (OHCHR)
    http://www.ohchr.org/
    March 23 2005

    Commission starts general debate on right to development, discusses
    report of Working Group on development


    Foreign Minister of Germany, Minister of Justice and Human Rights of
    Congo, Special Representative of the Secretary-General for Kosovo
    Address Commission

    /noticias.info/ The Commission on Human Rights this morning started
    its general debate on the right to development, hearing the
    Chairperson-Rapporteur of the Working Group on the right to
    development present a report on the Group's sixth session. It also
    heard addresses from the Minister for Foreign Affairs of Germany, the
    Minister of Justice and Human Rights of the Congo, and the Special
    Representative of the Secretary-General for Kosovo.

    Joschka Fischer, Federal Minister for Foreign Affairs of Germany,
    said the United Nations Secretary-General had taken the initiative
    for a courageous and comprehensive reform of the United Nations.
    Germany welcomed that the Secretary-General and the High-level Panel
    on Threats, Challenges and Change saw the need to substantially
    improve the United Nations system for the protection of human rights.
    Promoting human rights was not only a moral obligation but also an
    important instrument for crisis prevention.

    Gabriel Entcha-Ebia, Minister of Justice and Human Rights of the
    Congo, said the causes of spiralling violence in the world today
    remained extreme poverty, hunger, diseases, illiteracy, racism and
    discrimination and social inequality. One should ask whether it was
    possible to create a world without violence, a world in which there
    was full enjoyment of human rights, if the international community
    did not take up the issue of poverty. The exacerbation of poverty led
    to heightened resentment and thence to violence.

    Also addressing the Commission was Soren Jessen-Petersen, the Special
    Representative of the Secretary-General for Kosovo, who said that
    during the past two weeks, the safe and secure environment in Kosovo
    had been seriously tested by several events. Shocked and angry as
    many Kosovo Albanians felt in response to those events, they
    responded with restraint and dignity, and the few public
    demonstrations that had taken place of late been entirely orderly.
    All that represented a great step forward for Kosovo.

    Albania and Serbia and Montenegro responded to the statement of Mr.
    Jessen-Petersen as concerned countries.

    Ibrahim Salama, Chairperson-Rapporteur of Working Group on the right
    to development, presented the report of the Working Group on its
    sixth session, saying that the Working Group believed that it had
    successfully launched a promising process of further realisation of
    the right to development. To sustain progress, there was a need to
    maintain the same level of political will and commitment. There was
    an objective alliance between globalization and the right to
    development, and by definition this right was about an environment
    and a process.

    The Representatives of the following countries participated in the
    debate: Malaysia (on behalf of the Non-Aligned Movement and China),
    China (on behalf of the Like-Minded Group), Pakistan, Luxembourg (on
    behalf of the European Union) Cuba, Ecuador, Nigeria, Mexico (on
    behalf of GRULAC), India, Congo, Egypt, Saudi Arabia, Libya (on
    behalf of the League of Arab States), Qatar, Armenia, Ethiopia,
    United States, Indonesia, Argentina and Nepal

    China exercised its right of reply.

    The Commission will reconvene at 3 p.m. this afternoon to continue
    with its general debate on the right to development.

    Statements by Minister for Foreign Affairs of Germany and Minister of
    Justice and Human Rights of Congo

    JOSCHKA FISCHER, Federal Minister for Foreign Affairs of Germany,
    said there was agreement among the international community on the
    need for effective multilateralism to successfully tackle the
    challenges of the 21st century. The Secretary-General had taken the
    initiative for a courageous and comprehensive reform of the United
    Nations and the High-level Panel on Threats, Challenges and Change,
    which he appointed impressively to set out the global problems.
    Yesterday, he had presented his response to its report, and it was
    welcomed that both the High-level Panel and the Secretary-General saw
    the need to substantially improve the United Nations system for the
    protection of human rights. One of the global challenges outlined in
    the report was international terrorism with its totalitarian
    ideology. All forms of this major threat should be fought resolutely.
    However, experience in recent years showed that terrorism could be
    combated successfully only with human rights, not without or even
    against them. Terrorists should not be allowed to force us to
    question our own values, and human rights norms should retain their
    full validity.

    All human rights, civil and political as well as economic, social and
    cultural, should be fully implemented. Promoting human rights was
    therefore not only a moral obligation but also an important
    instrument for crisis prevention. Many of the human rights violations
    which were of concern were discussed in detail in the Commission.
    Unfortunately, this was not true of anti-Semitism. There was little
    scope for combating this phenomenon in the United Nations human
    rights bodies. In the last year, the human rights situation in some
    countries had given cause for hope. But in many, too many cases,
    there remained cause for grave concern. All acts of terrorism were
    condemned firmly and utterly, but at the same time, all human rights
    violations which were committed in the fight against violent acts and
    in turn brought suffering was also condemned.

    All indications of human rights violations should be investigated in
    a transparent manner. This included granting international
    organizations and independent media free access to the region.
    Transparency was the only way to re-establish trust. But rapid
    results were decisive. This meant that the deficits should be tackled
    with determination and solutions found - solutions that were
    effective for all. Constructive cooperation with the United Nations
    special mechanisms and necessary reforms were essential were
    required. It was strongly hoped that the Commission would do justice
    to its responsibility both in the case of Sudan and in other cases of
    massive human rights violations. This was its responsibility towards
    the people whose rights were being so brutally violated, and its
    responsibility towards the human rights that the Commission was
    called upon to protect. Only when the Commission pledged its loyalty
    to human rights clearly and firmly would it be able to do its job and
    remain relevant as an institution.

    GABRIEL ENTCHA-EBIA, Minister of Justice and Human Rights of the
    Congo, said that two major events had seriously affected the
    realization of human rights and fundamental freedoms worldwide in
    2004: the tsunami, which had reached from Southeast Asia to the coast
    of Africa; and the upsurge in violence characterized by proliferation
    of the causes of conflict, including terrorism, organized crime and
    weapons proliferation. Welcoming the solidarity witnessed in the wake
    of the tsunami, the Congo hoped that similar generosity would be seen
    outside of disaster situations, particularly to the benefit of those
    countries suffering from underdevelopment.

    The causes of the spiralling violence remained extreme poverty,
    hunger, diseases, illiteracy, racism and discrimination and social
    inequality, he stressed. One must ask whether it was possible to
    create a world without violence, a world in which there was full
    enjoyment of human rights, if the international community did not
    take up the issue of poverty. Would it be possible to maintain
    security while a large part of society lived in poverty? The
    exacerbation of poverty led to heightened resentment, and thence to
    violence. However, the right to development remained an omnibus right
    whose realization led to enjoyment of other human rights.

    For its part, the Government of the Congo had developed a three-year
    economic and financial programme, which made it possible for the
    country to benefit from the Poverty Reduction and Growth Facility,
    and which envisaged a doubling of expenditure to fight poverty in the
    present year. The national programme for the demobilization,
    disarmament and reintegration of ex-combatants had recently been
    launched, and the Government maintained the importance of addressing
    the problem of the environment in ensuring sustainable development.
    Other priority issues included protection of the rights of indigenous
    people and realization of the rights to food and to the highest
    attainable standard of physical and mental health -- which must take
    into account the effects of HIV/AIDS and malaria, and women's rights.

    Furthermore, economic, social and cultural rights must receive the
    same level of attention as civil and political rights, he affirmed,
    as all human rights were interdependent, inalienable and indivisible.
    Congo had put in place an institutional framework founded upon the
    principles of good governance and transparency, which guaranteed full
    enjoyment of all these rights. Also raising the importance of
    realization of the right to self-determination, he expressed hope
    that the Sharm el-Sheikh summit would constitute an important step in
    the right direction to enable the Palestinian people to exercise this
    inalienable right. The persistence of violence in Iraq must also be
    addressed in order to permit the Iraqi people full exercise of their
    right to self-determination.

    Statement by Special Representative of the Secretary-General for
    Kosovo

    SOREN JESSEN-PETERSEN, Special Representative of the
    Secretary-General for Kosovo, said during the past two weeks, the
    safe and secure environment in Kosovo had been seriously tested. In
    that time, one had seen the indictment of the Former Prime Minister,
    his voluntary departure for The Hague less than 24 hours after the
    indictment, negotiations for the formation of a new Government, the
    anniversary of the events of March 2004, and an attack on the
    President. Shocked and angry as many Kosovo Albanians felt in
    response to those events, they responded with restraint and dignity,
    and the few public demonstrations that had taken place of late been
    entirely orderly. All that represented a great step forward for
    Kosovo.

    As a United Nations body, the United Nations Interim Administration
    Mission in Kosovo (UNMIK) incorporated a strong human rights
    component in its mandate, which was reflected in all areas of its
    operation. However, success would ultimately depend on how much of
    the mechanism one created for the protection of human rights remained
    after UNMIK's mission had ended. It was important that the Kosovo
    institutions and the people had ownership of the human rights
    principles and mechanisms and ensured their sustainability. There had
    been several positive indications recently. The substantially
    improved security climate, reflected in the absence of major
    inter-ethnic crimes in the past year, was a sign that lessons from
    the riots of March 2004 had been learnt ~V the lesson that violence
    was not in the interest of Kosovo. The local judiciary had handled
    the bulk of the cases following the riots of 12 months ago and,
    whereas several perpetrators had been brought to justice, no cases of
    miscarriage of justice on account of ethnic bias had been reported.

    After a period of temporary inertia, Kosovo was now gathering
    positive momentum that needed to be accelerated by the international
    community. After one year, direct dialogue between Pristina and
    Belgrade had resumed last week ~V and most importantly on the urgent
    humanitarian issue of missing persons. Within Kosovo, there was an
    emerging consensus on the process of decentralization that would
    bring municipal authorities close to the citizens and would promote
    integration. There was a growing realization among Kosovo Serbs that
    participation in the democratic process would be more beneficial to
    their common future in Kosovo.

    Response from Concerned Countries

    VLADIMIR THANATI (Albania), responding as a concerned country to the
    statement by Mr. Jessen-Petersen, said he wished to thank the Special
    Representative of the Secretary-General for the enormous amount of
    work he had done in Kosovo. In Kosovo, control and decentralization
    of institutions continued every day, as had been noted by the Special
    Representative, and the set of successes and developments regarding
    the fight against poverty, despite remaining problems, was a source
    of optimism. The Special Representative's report also showed that,
    individually and collectively, Kosovar society felt a responsibility
    to build a multi-ethnic society, and to lay its foundations,
    including respect for human rights, in all institutions.

    He also welcomed the engagement witnessed between the leadership in
    Kosovo and that in Belgrade to resolve remaining problems, including
    the situation of Serbs living in Kosovo, disappeared persons, and the
    peaceful return of Serb refugees to Kosovo. The Government of Albania
    had frequently emphasized its intention to maintain the situation of
    peace throughout the Balkans. The successful solution of the
    situation in Kosovo was not just a concern for Albania, but
    throughout the Balkans.

    DEJAN JAHOVIC (Serbia and Montenegro), responding as a concerned
    country to Mr. Jessen-Petersen's statement, said the statement had
    been listened to with great attention, and Mr. Jessen-Petersen's
    appearance was a welcome development. Serbia would continue to be
    interested in the human rights standards and their implementation in
    Kosovo. The human rights situation of the non-Albanian minorities,
    including the Serbian minority, was of extreme importance, as it
    remained extremely precarious, and had been so ever since Serbia had
    lost control of the territory. This would however be discussed more
    in detail later in the session.

    The situation in Kosovo with regard to human rights was changing
    slowly, and not always for the better. The latest report of the
    Secretary-General had confirmed this fact. The most fundamental of
    the standards to be introduced was the guaranteed right of minorities
    to live, travel and work freely in Kosovo. The living conditions for
    the Serbian Roma and other minorities were very difficult. The
    confinement of some minorities to restricted areas had caused great
    difficulty including problems linked to health and education. These
    were only a few examples of the ongoing problems faced by
    non-Albanian minorities, and this should not be tolerated by the
    international community, nor by the Kosovar leaders. It was good to
    be optimistic and to push the process forward, and there were some
    positive signs, as mentioned by Mr. Jessen-Petersen, but it was
    necessary to be realistic and to address the existing problems
    without ignoring them for the sake of political opportunity and quick
    solutions.

    Documents on the Right to Development

    Under its agenda item on the right to development, the Commission has
    before it a number of documents for its consideration.

    There is the report of the High Commissioner for Human Rights
    (E/CN.4/2005/24) which contains a summary of the activities
    undertaken by the Office of the High Commissioner, separately or
    jointly with others, with regard to the implementation of the right
    to development. Particular importance is placed on those activities
    which relate to the right to development issues identified in
    resolutions of the General Assembly and the Commission on Human
    Rights, as well as in the agreed conclusions contained in the reports
    of the open-ended Working Group on the right to development. Among
    the subjects addressed in the report are human rights and poverty
    reduction; the Millennium Development Goals; globalization and
    international economic and financial issues; the role of the human
    rights of women; democracy, good governance and the rule of law; and
    the New Partnership for Africa's Development (NEPAD).

    There is the report of the Working Group on the Right to Development
    on its sixth session (E/CN.4/2005/25), presented by its
    Chairperson-Rapporteur, Ibrahim Salama. The Working Group recognizes
    that States should undertake, at the national level, all necessary
    measures for the realization of the right to development and that
    States have the duty to take steps, individually and collectively, to
    formulate international development policies with a view to
    facilitating the full realization of the right to development. The
    Working Group further recognizes that an unsustainable debt burden is
    a major obstacle for developing countries in achieving Millennium
    Development Goals and in making progress in the realization of the
    right to development. The Group recommends that States should be
    encouraged to undertake independent impact assessments of trade
    agreements on the right to development and encourages States to
    consider using these assessments in the context of all the relevant
    international trade forums.

    There is a document (E/CN/4/2005/63) which contains the written input
    from the World Health Organization to the Commission concerning its
    initiatives and activities of relevance to the present session of the
    Commission, including the right to development.

    There is also a document (E/CN.4/2005/133) which contains a written
    submission by the United Nations Development Programme providing
    information on its activities in several areas being discussed by the
    Commission, including the right to development.

    Presentation of Report of Working Group on the Right to Development

    IBRAHIM SALAMA, Chairperson-Rapporteur of the Working Group on the
    right to development, said since the Declaration on the Right to
    Development was adopted 20 years ago, it had remained largely a
    controversial issue with disputes over the legal nature of the right
    to development, divisions as to definition of it and confusion with
    regard to its scope. Although the Working Group avoided definitional
    debates, both the letter and the spirit of its agreed conclusions
    clearly indicated that the right to development was not a right to
    assistance, not a license to claim the fruit of the work of others or
    to share their wealth, and not a romantic remnant of a certain idea
    of social justice. The agreed conclusions and recommendations also
    excluded that the right to development would be seen as a simple
    addition of all human rights, a synonymous of a rights-based approach
    to development, an act of charity, a wishful thinking, or merely an
    impossible mission.

    The implementation of the right to development required growth with
    equity. On the other hand, this noble mission of the right to
    development did not transform it into a "magic wand" with "super
    jurisdiction" over legally established mandates in the name of human
    rights. The agreed conclusions and recommendations also addressed the
    legal nature of the duty to cooperate in its proper perspective and
    right sequence by stating that "mutual commitments, as part of the
    duty of international cooperation, could lead to specific binding
    arrangements between cooperating partners to meet the right to
    development requirements. Such arrangements could only be defined and
    agreed upon through genuine negotiations".

    Relevance and credibility were fundamental requirements of any human
    rights standard setting exercise so that its outcome could make a
    real difference on the ground and so that it was considered seriously
    by all relevant actors. Relevance and credibility within the right to
    development framework required that all topics under consideration
    had an established human rights angle and were likely to produce
    added value. The notions of partnership and mutual commitments were
    at the heart of most of the agreed conclusions and recommendations
    under the consideration of the Commission. The Working Group believed
    that it had successfully launched a promising process of further
    realisation of the right to development. To sustain progress, there
    was a need to maintain the same level of political will and
    commitment. There was an objective alliance between globalization and
    the right to development, and by definition this right was about an
    environment and a process.

    General Debate on the Right to Development

    DATO'HSU KING BEE (Malaysia), speaking on behalf of the Non-Aligned
    Movement and China, said the right to development had assumed
    additional importance this year when development issues had taken
    center stage, particularly with the upcoming Millennium Review
    Project. Within the Commission on Human Rights, the right to
    development process had embarked on a new road with the establishment
    of the High-Level Task Force on the implementation of that right. The
    Task Force, which was essential to assist the Working Group in
    fulfilling its mandate by proposing action-oriented recommendations
    on issues determined by the Working Group, should serve to bypass the
    lengthy course of unnecessary and repetitive conceptualization. Its
    work should be further refined and enhanced with a view to achieving
    a clearer focus on the right to development.

    The Non-Aligned Movement also welcomed the consensus outcome of the
    sixth session of the Working Group, she said, and the set of
    recommendations representing a common understanding towards practical
    implementation of the right to development, especially regarding
    implementation of the Millennium Development Goals and the Social
    Impact Assessment in the Area of Trade and Development. Moreover, the
    consensus reached on policy space and its relevance to the right to
    development must be viewed as a positive step towards realization of
    the right to development. That right did not concern poverty
    eradication alone, but also building partnerships to ensure economic
    growth and development for all. There was no room to re-interpret the
    right to development, or to modify its terms of reference. The right
    to development must be mainstreamed into the policies and operational
    activities of major international organizations and institutions so
    as to evolve a truly global partnership for full realization of the
    right.

    LA YIFAN (China), speaking on behalf of the Like-Minded Group, said
    the right to development, like all other rights, entailed obligations
    that should be met by States, and should be enjoyed by every human
    person and all peoples of the world, as emphasized in the Declaration
    on the Right to Development. States' obligations defined in the
    Declaration should create the national and international conditions
    favourable to the realization of that right, a task that could only
    be achieved through international cooperation. International
    cooperation should not be subjected to conditionality or any form of
    sequencing of commitments at the national and international levels,
    nor should it be treated as a matter of charity, or viewed in the
    context of a donor-recipient relation, but rather as a duty to
    cooperate that States had adhered to in the Declaration.

    International cooperation for the implementation of the Right to
    Development should translate into Official Development Assistance,
    grants or loans, but should also go beyond that narrow prism to
    entail the creation of an environment, free from structural
    obstacles, that was conducive for the enjoyment of that right. That
    had become an imperative in the midst of a globalizing world that
    imposed immense challenges on developing countries struggling to
    fulfil the basic needs of their people. It also promoted an
    unfavourable multilateral trading system that restricted access for
    developing countries and allowed for export subsidies to
    significantly undermine its development efforts, and where an ever
    growing-gap between developed and developing countries was
    threatening world stability.

    TEHMINA JANJUA (Pakistan) said more than a decade ago, the basic
    tenets of the right to development had been reaffirmed as an integral
    part of the architecture of fundamental human rights. However, it
    could not be disputed that the right to development was yet to
    graduate from mere exhortations, and was far from being translated
    into concrete and concerted international action - one that could
    make a difference for the billions in misery whose lives continued to
    be rocked by pervasive poverty on a daily basis. The reality of
    pervasive poverty amidst plenty was morally unacceptable and
    politically unsustainable. It should not be swept under the carpet of
    inadequate governance. It needed to be acknowledged that the right to
    development owed its genesis to the historical wrongs committed
    during a process of lopsided development. These should be rectified
    through a concerted and result-oriented international action with the
    involvement of the relevant international organizations and
    institutions of economic governance.

    Globalization was perhaps the virtual ideology of modern existence
    and a concept brimming with promise, but the reality, unfolded so
    far, had belied the expectation of the ideologues. Its benefits were
    too distant for too many who had no voice in its design and no
    influence on its course. A truly global cost-benefit analysis of
    globalization, beyond the continental and hemispherical confines,
    would reveal that the international economic environment was
    characterised by deep-seated imbalances. The problems of developing
    countries were aggravated by a shrinking policy space in the wake of
    increasing international obligations. While States had the primary
    responsibility for creating conditions favourable to the realisation
    of the right to development, it was rendered meaningless in the
    absence of the much-needed policy space to tailor development
    strategies in accordance with country-specific needs and
    circumstances.

    ALPHONSE BERNS (Luxembourg), speaking on behalf of the European Union
    and associated countries, reiterated the European Union's commitment
    to the right to development as defined in the Vienna Declaration and
    Programme of Action. Human beings remained central to the process of
    development, of which they were not merely the beneficiaries, but in
    which they must be involved as active players. Respect for human
    rights also constituted a prerequisite for effective and sustainable
    development policies and contributed to the fight against poverty,
    including through the free expression of the will of individuals and
    their involvement in the conduct of public affairs. Fundamental
    principles such as equality, equity, non-discrimination,
    transparency, accountability and participation were the central
    elements of an approach based on human rights for development, and
    particular attention must be given, in that process, to full
    participation of marginalized and disadvantaged groups.

    States must fulfil their legal obligations regarding respect for
    human rights, including the right to development, he added, noting
    that the European Union had long emphasized the importance of good
    governance, the rule of law, democracy, action against corruption and
    a sound national economic environment to ensure development.
    International cooperation was also important to create conditions
    favourable for development, and the Union's commitment had been
    expressed through development cooperation partnerships and agreements
    such as the Cotonou Partnership Agreement between the Union and
    African, Caribbean and Pacific countries. However, such partnerships
    remained voluntary; a legally-binding international instrument was
    not a viable option for implementation of the right to development.
    The European Union supported the efforts made by the Office of the
    High Commissioner for Human Rights to promote integration of the
    right to development, and other human rights, into the United Nations
    system, including through the Action 2 agenda. The establishment of
    the High-Level Task Force was also welcomed.

    MARIA DEL CARMEN HERRERA CASEIRO (Cuba) said the negative impact of
    neo-liberal globalization, which took away the autonomy of developing
    countries with regards to decision-making to draft development
    policies suitable to their realities; the huge protectionist barriers
    imposed by developed countries; unequal exchange in trade; decrease
    in and failure to comply with the commitment to Official Development
    Aid; and the unsustainable burden of the foreign debt as a factor of
    permanent decapitalization of the economies of South countries, were
    some of the main obstacles which hampered the realization of the
    right to development. Cuba's own experience showed that although
    sustained huge efforts and the proven political will and commitment
    of its Government had led to undeniable advances in the realization
    of the right of its people and all its citizens to development, it
    was not possible to achieve full sustainable development if the
    unfair patterns governing the international economic, financial and
    commercial order did not change.

    In the case of Cuba, the negative consequences stemming from that
    prevailing unfair international order were accompanied by the impact
    of the tightened and illegal economic, financial and commercial
    blockade imposed by the United States against the country for over 45
    years. This blockade was not only the main obstacle to the
    realization of the right to development, but it represented a massive
    and flagrant violation of all the human rights of the Cuban people.

    HERNAN ESCUDERO MARTINEZ (Ecuador) said practically five years after
    the Millennium Declaration and Goals, Ecuador was committed to these
    goals and their follow-up. It was important to supervise and keep
    under constant review the progress made in implementing the right to
    development and to keep it up to international levels, as this would
    help in analysing obstacles in its way. The obstacles were identified
    at the last session of the Working Group, particularly with regard to
    the crushing weight of foreign debt which was a serious obstacle.
    Progress should be made on developing more practical proposals and
    appropriate mechanisms to overcome these obstacles and allow States
    to enjoy the right to development fully.

    The size of the foreign debt caused opportunities for investment to
    shrink. Development was intimately linked to the liberalisation of
    international trade, with full access in the spirit of
    non-discrimination for all to the markets of developed nations. The
    Doha Development Round at the World Trade Organization could not end
    successfully if there was no concrete response to these requirements.
    Internal efforts in each country were also essential for progress, as
    was democratic participation, and the policies and strategies adopted
    should be so from a human rights angle. The industrialised countries
    should take into account in their international commercial, financial
    and economic strategies the need to strengthen developing countries
    and not to weaken them, thus impeding their access to this right.

    JOSEPH U. AYALOGU (Nigeria) said the Government of Nigeria had
    elaborated a programme of economic reforms -- the National Economic
    Empowerment and Development Strategy (NEEDS) -- in order to meet the
    challenges of development. That programme aimed to lay a solid
    foundation for sustainable socio-economic transformation and poverty
    eradication, and to constitute part of the national contribution to
    achievement of the Millennium Development Goals and the objectives of
    the New Partnership for Africa's Development. Among the objectives of
    the NEEDS programme figured rapid, broad-based GDP growth outside of
    the oil sector, diversification of the production structure away from
    oil and mineral resources, and a systematic reduction of the role of
    the Government in the direct production of goods. Strategies to those
    ends included privatization, deregulation and liberalization of key
    sectors of the economy and the coordination of national sector
    development strategies for agriculture and industry through small-
    and medium-scale enterprises and services. Democracy had so far
    yielded good returns for the Nigerian capital market.

    The Commission must help to make the right to development meaningful
    where it mattered most, he stressed. Africa remained off track to
    achieve the Millennium Development Goals due to the continent's
    disproportionate share of the world's poor, as well as the tragic
    consequences of deadly conflicts and poor governance. If the Goals
    were to be met, there must be increased overseas development, and
    debt relief or debt fulfilment. The international community should
    work to create an enabling environment conducive to development and
    elimination of poverty through the Commission's future work on the
    right to development.

    LUIS ALFONSO DE ALBA GONGORA (Mexico), speaking on behalf of the
    Latin American and Caribbean Group (GRULAC), said the right to
    development was an inalienable right in the promotion and protection
    of all other human rights, particularly the right to economic, social
    and cultural rights. GRULAC considered that the concept of the right
    to development targeted human beings. The implementation of the right
    to development required a political will and an effective policy of
    development. In addition, international cooperation should be
    effective in promoting the right. As it was defined in the
    Declaration, the right to development was a fundamental right, like
    the other human rights. The right also included the right to
    self-determination in deciding the economic and financial policies
    that fitted the realities of each country.

    The effort of the implementation of the right to development required
    equitable economic relations among States. States should also adopt
    policies with the view to eradicating poverty alongside their
    development efforts. Developing countries should take measures to
    democratize their societies and be able to participate equitably in
    international trade. The foreign debt services had continued to
    hamper the full implementing of the right to development by taking
    away the resources necessary for national development. The
    development of many countries in the third world was not guaranteed
    by the social development policies they adopted. The measures they
    took could not avoid the international economic crisis that might
    negatively impact on their countries. The international community
    should make efforts to close the current gap of economic inequality
    among nations.

    HARDEEP SINGH PURI (India) said it was a matter of concern that more
    than 55 years after the adoption of the Universal Declaration on
    Human Rights, the goal of the inherent dignity of man was nowhere
    close to realisation. The importance of the right to development,
    which represented a synthesis of civil, political, economic, social
    and cultural rights, lay in enabling the international community to
    address these important issues effectively. The time had come to
    translate concepts and ideas into action. The development agenda had
    assumed centre-stage today. Issues of poverty, deprivation,
    marginalisation, and inequalities at the national and international
    levels were of even greater relevance today. There should be a move
    away from conceptual debates to concrete action, where clarity was
    necessary even as there was a move forward. Development in its true
    sense was a process of a rights-based approach to economic growth.

    The realisation of the right to development required first and
    foremost effective policies at the national level. States had the
    primary responsibility and obligation. Rights were entitlements that
    required co-related duties and the realisation of the right to
    development could be ensured only if the existence of corresponding
    obligations were acknowledged both at the national and international
    levels. The realisation of the right to development thus required
    equitable economic relations, a conducive economic environment, and
    cooperation at the international level. Developing countries
    continued to remain short of resources required for realisation of
    this right. The work of the United Nations organizations, agencies
    and funds, and international bodies such as the World Trade
    Organization, the World Bank and the International Monetary Fund
    needed to be continually improved and adapted to the imperatives of
    the right to development and much more needed to be done on the
    international level.

    ROGER JULIEN MENGA (Congo) said debt burdens constituted a major
    obstacle to development for numerous developing countries in that
    resources that should have been allocated to meet the fundamental
    needs of the people were instead spent in debt servicing. For that
    reason, the Government of Congo had raised the issue, subsequently
    taken up by the High-level Task Force and the Working Group on the
    right to development, that donor countries and international
    financial institutions should develop alternate methods to promote
    debt viability including through subsidies, and the provision of
    additional contributions for debt relief in excess of the Highly
    Indebted Poor Countries (HIPC) provisions. The feasibility of debt
    depended upon a range of variables, including the specificities of
    the country, the quality of its institutions, and its vulnerability
    to external shocks. Debt relief for HIPC countries should be carried
    out in such a manner to supplement bilateral official development
    assistance.

    The Congo had, in conjunction with the International Monetary Fund,
    elaborated a three-year economic and financial programme, which had
    enabled it to reduce poverty and increase growth. Such programmes
    could clearly be of benefit to developing countries. The Congo also
    welcomed the United Kingdom's recent decision to no longer tie
    development aid to liberalization of trade and privatization of the
    economy in poor countries.

    OMAR SHALABY (Egypt) said Egypt associated itself with the statements
    of the Non-Aligned Movement, the African Group and the Like-Minded
    Group. The right to development was adopted 20 years ago but the
    world had not yet make progress in that field. This was because of
    the lack of political will and the concentration on certain human
    rights and not others. All human rights were interdependent,
    inalienable and indivisible. Various obstacles that each developing
    country had met with had challenged the full realization of the right
    to development. The realization of the right to development was
    urgent because of the increasing challenge that it posed in economic
    and social fields. At the national and international levels, there
    was a need to design policies of transparency for the implementation
    of the right to development. Egypt would like to see the results of
    the document submitted by the Sub-Commission on the Promotion and
    Protection of Human Rights on the right to development.

    In conclusion, Egypt hope that the political will and the necessary
    aid and support would become available to ensure implementing the
    right to development at all levels.

    ABDULWAHAB A. ATTAR (Saudi Arabia) said the progress of the Working
    Group on the right to development had made in promoting access to the
    right to development was to be commended. It was note-worthy that
    during the six sessions of the Working Group, progress had been made
    in this right, and it was hoped this would continue. The state of
    inertia which had impeded the realisation of this right should not be
    allowed to continue. Development that was not based on respect for
    human rights was doomed to failure. Human rights would remain in
    usury as long as the economic and social elements of development were
    neglected. The full realisation of the right to development was the
    best way of achieving all other human rights. It was hoped the
    Working Group would soon formulate specific criteria for the
    implementation of this right.

    Without equality among rights, in particular the right to
    development, all other rights would suffer. Unconditional support
    should be given to the developing countries that were rich in culture
    and history. Greater support should be given to these countries by
    the international community. The Government of Saudi Arabia had
    contributed significantly to the funding of development in many
    countries, and had waived $ 6 billion owed in this context in order
    to strengthen the efforts of these countries.

    NAJAT AL-HAJJAJI (Libya), speaking on behalf of the League of Arab
    States, welcomed the work of the Working Group on the right to
    development, and of the High-level Task Force, and stressed that the
    international community must give strong support to ensure the
    implementation of the right to development, including by moving from
    the conceptual to the practical level in this regard. The Working
    Group's mandate should be extended for an additional year to enable
    this progress. While agreeing that the human person was the focus of
    development, the League of Arab States did not agree with the narrow
    viewpoint that civil and political rights should be separated from
    economic, social and cultural rights, and in particular the right to
    development.

    Welcoming the emphasis on the responsibility of the State and the
    international community to initiate implementation of the right to
    development, she said that the League of Arab States remained
    convinced that the weight of debt remained one of the greatest
    obstacles to development, particularly for the poorest countries, and
    to achievement of the Millennium Development Goals. Among initiatives
    to be considered for debt relief should figure writing off such
    debts. This would encourage States to enter into the world market, as
    would reflect positively on the promotion of human rights. Moreover,
    there should be consideration of making provisions for countries that
    did not meet the criteria of the Highly Indebted Poor Countries
    initiative to qualify to receive special assistance under it. Also
    welcoming the consideration of the issue by World Trade Organization
    members, she stressed that it was the international community's
    responsibility to achieve results within the Doha framework.

    MESHAAL AL-ATTIYAH (Qatar) said in a world where poverty and
    marginalization of vulnerable groups was increasing, the right to
    development had gained a place on the agenda of the Commission
    because of the lack of implementation of this right, and the effect
    that that had on the rest of the human rights. The right to
    development included permanent sovereignty over natural resources,
    self-determination, equality of opportunities and ensuring the proper
    conditions for humans to enjoy their economic, social, cultural,
    civil, political and other rights.

    Poverty had disastrous effects on humans and their enjoyment of all
    human rights. The spread of disease, hunger and illiteracy around the
    world had become very serious, and the situation was worsening
    because of the widening gap between rich and poor countries. All
    States should respect and implement the right to development together
    with the other human rights. Qatar had been endeavouring to implement
    the right to development, which it believed would benefit its people.
    A number of other measures had also been taken in the field of
    education and cultural aspects. The implementation of the right to
    development would contribute to the further stability of the world
    economy.

    ZOHRAB MNATSAKANIAN (Armenia) said the generic nature of the right to
    development represented rather compelling evidence of synergies of
    all rights, civil and political, as well as economic, social and
    cultural rights, for the comprehensive implementation of national
    development policies. While Armenia recognised the clear distinction
    between these two sets of rights, and while it gave due note to the
    progressive nature of the economic, social and cultural rights, its
    evolving national experience of pursuing the right to development
    represented a rather interesting case of linkages and
    interdependencies of different human rights within the development
    agenda. While economic development as such was a considerable driving
    force behind the effective realisation of the right to development,
    Armenia's case demonstrated compelling interdependence between the
    priorities of reducing inequalities and improving governance.

    Armenia's development agenda had been subject to uninterrupted and
    extensive cooperation with both the international financial
    institutions as well as with the broader United Nations machinery.
    Armenia had traditionally supported the relevant resolution in the
    Commission concerning the right to development, and looked forward to
    entering into the deliberations of the new text with a view to
    extending support to it. A consensual nature and broad-based support
    to the resolution would be welcomed, as the signs of gradual
    convergence of positions on this issue were noted. The Working Group
    with its extended mechanisms had evolved into an important forum for
    collective thinking, for further concept developments and for the
    exchange of best practices concerning the right to development.

    LULIT ZEWDIE (Ethiopia) said the consideration of the right to
    development on the agenda at the annual sessions of the Commission
    showed the importance of the realisation of this right for the
    promotion and protection of the basic human rights and freedoms of
    all people, particularly people in the developing world. The
    Government of Ethiopia attached great importance to the realisation
    of the rights of people to development, combating poverty and
    ensuring sustainable development had been at the top of the
    development agenda.

    Mobilising the people behind the policies and strategies to acquire
    real growth, combating dependency and strengthening districts and
    counties to enable them to acquire the capacity to support and lead
    the people's development activities were also the areas given
    attention in the development endeavours in Ethiopia. Efforts had been
    made to organise grass-roots level participation to discuss and
    enrich knowledge on developmental issues and good-governance. The
    importance of gender equality for development and poverty reduction
    had been given due attention. However, like many developing
    countries, meeting the Millennium Development Goals had been a
    difficult task for Ethiopia. Constraints such as insufficient
    resources, lack of capacity, debt and the unfair international trade
    system continued to pose great challenges.

    LINO PIEDRA (United States) said that the eradication of poverty
    around the world remained an important part of the foreign policy of
    the United States which supported development in many areas. In 2003,
    the United States had been the originator of more than 70 per cent of
    all financial flows reaching developing countries from G-7 developed
    world through private investment, private philanthropy, public aid
    and private remittances. Totalled together, the United States
    accounted for more than $ 340 billion in financial flows in that
    year. These numbers underscored the importance of the country's
    commitment to freedom, and to free and open markets for world
    development.

    The United States understood the right to development to mean that
    each individual should enjoy the right to develop his or her
    intellectual or other capacities to the maximum extent possible
    through the exercise of the full range of civil and political rights,
    he stressed. Each person had inherent human rights to life, liberty
    and an adequate standard of living, as laid out in the Universal
    Declaration of Human Rights. Taken together, these rights could be
    seen as a blueprint for human development within which one could
    speak about an individual's right to development. One could not,
    however, speak of a nation's right to development for the simple
    reason that nations did not have human rights. States had the
    responsibility to provide their citizens with political and civil
    rights, and economic and social freedoms essential to each
    individual's full development; failure to do so crippled development.
    Time and again, it had been shown that States, which respected and
    protected civil and political rights, and which respected the
    economic rights and freedoms of individuals -- including the right to
    property -- had stronger, more vibrant economies than those in which
    such rights were flouted.

    MUHAMMAD ANSHOR (Indonesia) said the mainstreaming of the right to
    development into the activities and operational programmes of all
    international organizations and agencies would contribute to a more
    effective application of the right. However, Indonesia still believed
    that in the implementation of the right to development at the
    national level, States should retain a wide discretion with regard to
    their independence and especially in the formation and implementation
    of their national policy. International cooperation and partnerships
    undoubtedly had a key role to play in the right to development. The
    Government of Indonesia was especially heartened by the fact that the
    Office of the High Commissioner, in its activities, regarded the
    fundamental nature of the right to development as being a synthesis
    of civil and political rights on the one hand, and economic, social
    and cultural rights on the other.

    Indonesia was greatly looking forward to the submission of a concept
    document by the Sub-Commission on the Promotion and Protection of
    Human Rights to the Commission. The Indonesian delegation was of the
    opinion that there was a crucial need for a legally binding
    instrument concerning that right as had been requested by General
    Assembly resolution 59/185.

    SERGIO CERDA (Argentina) said the right to development was a matter
    of importance, since in order to fully achieve economic, social and
    cultural rights, it was important to implement measures at both the
    national and international levels and to implement necessary public
    policies. National measures should be accompanied by a favourable
    international economic environment, including liberalization of
    trade. A better-prepared session of the Working Group with greater
    participation of agencies in the system and Experts would give rise
    to more appropriate conclusions that were better designed.

    The meeting of the Working Group had arrived at its conclusions
    however, and they were evidence of a job very well done. Some of the
    experiences and practices considered could enrich the discussions and
    in themselves were measures designed to help implement the
    Declaration. It was hoped the consultations on the Draft Resolution
    would have favourable results.

    DIWAKAR PANT (Nepal) recalled that the right to development had been
    confirmed as an inalienable human right, that the equality of
    opportunity for development remained a prerogative both of nations
    and of individuals, and that the individual remained the central
    subject and beneficiary of development. States had the primary
    responsibility for the implementation of the right to development,
    but the international community also had a responsibility to support
    national development efforts. A holistic and comprehensive approach
    should be adopted at all levels to promote effective implementation
    of the right to development.

    The efforts of the Working Group on the right to development to move
    from the philosophical level to that of practical implementation must
    be supported, he added, and the High-level Task Force's
    acknowledgement that a number of the principles underlying the
    declaration on the right to development guided the policies of the
    multilateral development and financial institutions merited
    attention. In addition to continuing the momentum for constructive
    and cooperative engagement between the High-level Task Force and
    those institutions, the Task Force should suggest concrete measures
    to facilitate implementation of the right to development. He also
    welcomed the activities of the Office of the High Commissioner for
    Human Rights in support of the right to development.

    Right of Reply

    LI WEN (China), speaking in a right of reply in reference to the
    statement delivered by the Minister for Foreign Affairs of Germany
    this morning, said the Minister had mentioned China among the
    countries that he considered were violating human rights.
    Regrettably, the Minister omitted human rights violations in one of
    his allies. His concerns of human rights violations were politically
    motivated. China would very soon be holding a dialogue with Germany
    and the human rights issue would also be raised.
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