Realization of the Right to Development BALGOS, Jamie Marie CABUNGCAL, Ana Gabriela CASAS, Ma. Gloria Elisha EVARDONE, Mimosa LACABA, Ma. Camille RIVERA, Rebecca

The Right to Development as a Human Right: General Issues Right to development as a human right; self determination and full sovereignty over natural wealth and resources Legal and political dimensions of the right to development as a human right Right to development as a human right and international law: Critique of the concept of the right to development in international law

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

Specific Examples of the Implementation of the Right to Development as a Human Right Women and the right to development as a human right Indigenous peoples and the right to development as a human right The extremely poor and the right to development as a human right Rural Legal Assistance and Development as a human right

Realization of the Right to Development as a Human Right at the National Level National Development Policies and the realization of the Right to Development as a Human Right Changes in the concept of the Welfare State and its impact on the Right to Development as a Human Right Intermediate Structures and Groups in the context of the Right to Development as a Human Right

Popular Participation and the Realization of the Right to Development as a Human Right Impact of Apartheid on the Right to Development as a Human Right

The Right to Development as a Human Right and International Development Policies International development policies, International Organizations and the Realization of the Right to Development as a Human Right International Financial and Trade Institutions and the Right to Development as a Human Right Right to development as a human right in the context of relations between Developing and Developed Countries

Impact of External Debt and Adjustment Policies on the Realization of the Right to Development as a Human Right Indigenous Peoples and International Development Policies Human Rights and Human Resources Development

Implementation and further enhancement of the Declaration on the Right to Development Identification of: Fundamental Problems posed by the implementation of the Declaration on the Right to Development Criteria for identifying progress in the implementation of the Declaration Possible Mechanisms for evaluating and stimulating progress in implementing the Declaration

Participants United Nations bodies –Centre for Social Development and Humanitarian Affairs –United Nations Development Programme –United Nations Fund for Population Activities –Development for Public Information –United Nations Conference of Trade and Development –Office of the United Nations High Commissioner for Refugees –International Labor Organisation –United Nations Organization for International Development –World Bank (International Bank for Reconstruction and Development) –International Monetary Fund

Organization of African Unity and the Commission of the European Communities Organization who submitted written information on their activities relating to development: –Council of Europe –Organization of American States –Organization for Economic Co-operation and Development –United Nations Advisory Committee on Science and Technology for Development –United Nations Center for Science and Technology for Development

Development and Human Rights: Global Perspectives and New Policy Directions Declaration on the Right to Development (1986) –Development as a comprehensive, economic, social, cultural and political process Encompasses the whole human being in all aspects of his basic rights Respect for human rights and basic rights Relevant to all individuals

–Aims at the improvement of the well-being of the entire population –Active, free and meaningful participation of its members in development –Fair distribution of Benefits

International Legal Aspects of the Right to Development as a Human Right Substance of the right to development –Interdependence and Interrelationship of all human rights Right to development Demand for Respect for Human Rights –Separate Contents of the Right to Development Human Rights, and the Status and rules of the international economic order  Inter-State Relations –International Community has an obligation to intervene and correct obstacles to the right to development

Human Persons as the central subject of the development –Not the State –Identification of the contents –“People” Encompasses groups within the State (indigenous peoples and minorities, etc.) Implementation at the International Level –1982 Declaration was found to be lacking the precision necessary for specific implementation –Usefulness of the right to development was open to question

Interdependence of Human Rights –Global Concept –Civil and Political Rights Rights to life, liberty and security of the person, the rights and freedoms relating to opinion, expression and information independence of the judiciary –Participation Giving people a say (contents and form of development) Transforming the collective aspect into individual rights

Issue of Obligations under the Declaration on the Right to Development –Availability of Resources –Role and obligation of the international community were emphasized –International Law of Cooperation (Article 28 of the Universal Declaration of Human Rights) Common values which cannot be satisfied by means other than cooperation Creation of international and national conditions which would make implementation possible

Human rights and the realization of the right to development as a human right Massive and flagrant violation of Human rights –Threats to development –International peace and security essential for the realization of the right to development Elimination of massive and flagrant violation of human rights as a prerequisite Ecocide

–Uneven character of economic development among countries and people  threat to humanity Unemployment, starvation, poverty and the absence of access to health services and education –Make available to all peoples and human beings the right to development under conditions of peace and international security

Apartheid –Creates racial tensions and misunderstandings Race Classification Act: Every citizen suspected of not being European was classified according to race. Group Areas Act: Forced physical separation between races by creating different residential areas for different races. Led to forced removals of people living in "wrong" areas Bantu Education Act: Black Education Department in the Department of Native Affairs; aims to prevent Africans receiving an education that would lead them to aspire to positions they wouldn't be allowed to hold in society Bantu Areas Act: forced people of certain races into living in designated areas.

Bantusan or Homeland Policy: Homeland is a reservoir of cheap labor and dumping grounds for the old, sick and unemployable –Violates rights whose resepct is a pre-condition for the realization of the right to development Right to live at the place of one’s choice Right to free movement Right to a decent family life Right to human dignity Right to be free from fear of arrest Deportation or ejection from one’s dwelling –Misery and Suffering for the South Africans

–Impact of Apartheid: Economy Destruction of infrastructure Diversion of enormous sums of mony from development to defence High infant mortality Mass exodus of refugees and displaced persons Famine and malnutrition

Individual Human Rights –Universal Declaration on Human Rights appropriate social and international order is required for the full realization of human rights Demanded without any pre-condition Process that respects individual human rights –National and International Development Policies Constant improvement of the well-being Respect for human rights

–Involvement of NGO’s –Appropriate system of indicators (economic, social and cultural rights) –Promotion, protection and implementation of human rights Emergency response involving gross violation of human rights Strengthening the role of the Secretary-General Strengthening the role of the NGO participation Development of Operational Approaches to deal with situations involving problems of minorities, IPs and other vulnerable groups