WG on the right to development - Feb. 26th -BK

WG on the RIGHT to DEVELOPMENT/26.02
Report by Benedikt Kaelin
Working Group on the RIGHT TO DEVELOPMENT, 8th session, 26 February – 2 march
26.2.2007

ITEM 1: opening of the session

High commissioner Louise Arbour who was previewed to open the session is excused. She will come on Friday and give her closing remarks. (it is therefore important that somebody goes to Friday’s meeting!!) Thanks go to Special Rapporteur Ibrahim Salama and the high level task force on the Right to Development.

ITEM 2: election of Chairperson-Rapporteur

·Election of Chairperson-Rapporteur: Algeria proposes the re-election of Mr.Salama. Nobody objects.

·Statement by WG Chairperson: Mr.Salama states that the right to development is moving to clarity and implementation. A clear commitment is needed to expand the horizon. No comments on the task force report. Mr.Salama recognized a strong engagement in the process.
- two additional days for the high level task force are needed!
- main challenge: bridge the gap between rhetoric and reality

·Group and Member state statements:
Main positions:
oAlgeria: cooperation should not be subject to condition. The African Group would limit itself to the Cotonou Agreement. Mr.Salama lauded the deep involving of the African Group
oCuba on behalf of NAM & China: international community does still very little to show commitments on the right to development. Initiatives of developing countries (DC) are still hindered. There should be no conditionality for cooperation. New partnerships are required. Future session: identification of gaps, how can taskforce contribute?, analysis and recommendations to overcome.
oGermany on behalf of EU: EU firmly committed to realization of Right to development. States have primary responsibility. 3 multilateral partnerships. Important function of the taskforce. Better to concentrate on concrete issues. (e.g. child rights, gender issues)
oIndonesia: more practical approach desired, enhanced awareness of the right to development.
oSouth Africa: question if the member states have done enough for the RtD..

ITEM 3: Adoption of the Agenda, timetable and programme of work
Wednesday will be without meetings!

ITEM 4: Review of progress in the promotion and implementation of the right to development

Short presentation of Prof. Arjun Sengupta (Sri Lanka) on the outcome of an expert consultation on extreme poverty and human rights:
-carry on discussion to define the right to development.
-How to realize targets? See different approaches, examine national plans
-Extreme poverty: violation of HR? who is a violator, who is a victim?
-Extreme poverty also in developed countries
-Lack of commitment
-Group of vulnerable people belonging to marginalized groups: income polity, social exclusion, development policy
-Extremely poor people should have priority for right to development
-Condition created by a state of lack of commitment, different answers in DC/DdC

4a.Consideration of the report of the high-level task force on the implementation of the right to development.

oPresentation by the Chair of the high-level task force (Mr. Stephen Marks, USA)
3 partnerships examined: African Peer Review Mechanism, ECA/OECD-DAC mutual review of development effectiveness, Paris Declaration on Aid Effectiveness
-APRM: by African states for African states
-ECA/OECD-DAC: more closely into concept of global partnerships, greater civil society participation, positive dialogue
-PDAE: enabling environment, enumerating element of implementation checklist
3 conditions for success of global partnership: a. continuity in assessment process, periodic examination, follow-up needed!; b. methodological rigor to provide a proper report; c. pay due attention to political will of actors, if too much attention on domestic policies, they fail to pay attention on international structures. If too much attention on complete global structure, too few attention on village structures, etc.

o General discussion
Different member states add their comments to the report, replies by Mr.Marks
Hint to the important role of Africa, first continent to have established the Right to Development in a treaty (African Charter). Understand what changes are needed to improve the analysis.

o Consideration of the report, paragraph by paragraph
Most important points:
-par.55: comprehensive and coherent set of standards: if genuine dialogue is established, standards are accepted as being appropriate by the international community. Awareness of the strong group of countries wanting to establish a treaty (NAM position). Idea: lay a groundwork of willingness
-national AND international structures are needed. Focus on Africa and Aid. Devote attention also to Latin America. Specific concern with Asia. Non-aid themes also addressed. World Bank efforts: opportunity for International Community.
-Par.57-68: concern: implementation checklist. Most African countries are not in position of delivering assistance. Call international donors.. Marks speaks of a dream to see the right to development in treaty form. Problem: shame if the big opposition would divert such a treaty. Not go too fast! (NAM wants a treaty immediately!). Egypt wants to know how NAM can contribute in future sessions.
-Par.65: Rwanda wants to see possible measures in case of non-compliance. This question is premature (Salama)
-South Africa strongly criticizes the approach taken.
-Salama also points at Art.2.3 of the UDHR. States have the duties and the rights. Each state has to determine its own implementation policies.