Question: Is there a legal right to development, what is the content of this right
and whether it is legally enforceable?
Introduction: The United Nations Charter's Article 55(Chapter IX) includes the concept
of development and encourages the organization to work towards improving standards
of living, promoting employment, and achieving economic and social progress and
development.1 However, the Declaration on the Right to Development (DRTD) is the
first call for the right to development in an accomplished way which was adopted in
1986, it is a document that sets forth a series of principles based on international human
rights laws, as well as an expression of political aspirations. It is a comprehensive and
ambitious document that aims to guide policies and actions related to development. 2 It
added the concept of the right of every person to participate in, contribute to, and
benefit from economic, social, cultural, and political development to the United Nations
human rights agenda. The right to development is important because it recognizes the
need to address the structures, processes, and outcomes of development at both the
national and international levels to fully realize human rights. 3
The Universal Declaration of Human Rights (UDHR)1948 has ensured the
reorganization of the inalienable rights for all human beings, which was the foundation
of freedom, justice and peace in the world. 4 According to Article 2 of the UDHR, no
distinction shall be made based on the political, Jurisdictional or international status of
the country or the territory to which the person belongs 5 Here we can see that the rights
were protected by UDHR for humankind where independency, trust, liberty, and security
all of the things were described specifically in different articles although there was no
specific explanation of the development in human life. 6 The Declaration on the Right to
Development was adopted on December 4, 1986, recognizing the right to development
1
Malcolm D. Evans, International Law Document (15th edition, Oxford University Press 2021)18
2
Surya P. Subedi, “Declaration on The Right to Development”, United Nations Audiovisual Library of International
Law. 1 < https://legal.un.org/avl/pdf/ha/drd/drd_e.pdf>Accessedon 10th December 2022
3
Ibid., 1
4
Malcolm D. Evans, International Law Document (15th edition, Oxford University Press 2021)48
5
Ibid., 48
6
Ibid., 49
,for all human beings by the United Nations General Assembly. 7 This declaration came
almost 40 years after the adoption of the Universal Declaration of Human Rights. 8
The New International Economic Order (NIEO) was a movement that arose in the 1970s
among developing countries to reform international law to make it more just and
inclusive. 9The NIEO was motivated by the desire to reduce economic colonialism and
dependency in the newly independent economies of developing countries, as well as by
the growing income gap between developed and underdeveloped countries. 10
Most Importantly, the Vienna Declaration and Programme of Action was adopted at the
1993 World Conference on Human Rights in Vienna. The document reaffirms the right
to development as a universal and inalienable right and emphasizes the
interdependence of democracy, development, and respect for human rights and
fundamental freedoms.11
On the other hand, the Intergovernmental Working Group on the Right to Development
(IGWG) held its 22nd session from November 22-26, 2021 at the Human Rights Council
(HRC). During this meeting, States, international organizations, and NGOs discussed
and made revisions to the Draft Convention on the Right to Development (DCRTD).
This marked the second IGWG session focused on the DCRTD since its initial
submission in January 2020. As the finalization of a revised version of the DCRTD is
scheduled for the 23rd IGWG session in May 2022, it is valuable to review the current
negotiation status of the original text before then. 12
On January 20, 2020, the United Nations Working Group on the Right to Development
released the first draft of the Convention on the Right to Development, which is
mandated to oversee the drafting process of a binding treaty on the Right to
7
Subrata Roy Chowdhury and others, The Right to Development in International Law (Martinus Nijhoff Publishers
1992, The Netherlands)2
8
Malcolm D. Evans, International Law Document (15th edition, Oxford University Press 2021)
9
Subrata Roy Chowdhury and others, The Right to Development in International Law (Martinus Nijhoff Publishers
1992, The Netherlands)2
10
Ibid., 5
11
Carol C Ngang and others, Perspective on the Right to Development(Pretoria University Law Press 2018)236
12
Makoto Nakagiri, ‘Right to Development in Today’s Draft Convension: Retransformation into a States’s Right?’,
( March 21, 2022) Blog of the European Journal of International Law< https://www.ejiltalk.org/right-to-
development-in-todays-draft-convention-retransformation-into-a-states-right/> Accessed on 17 Dec 2022
, Development by the Human Rights Council’s Resolution. 13 The draft, which consists of
36 Articles organized into five parts, was released along with an extensive
commentary.14 The draft is expected to undergo a lengthy consultation and negotiation
process, as the norms on the right to development are controversial. If the draft is
adopted and receives sufficient support from states, it will have a binding effect on
15
parties to it at the universal level. The Draft Convention on the right to Development 16
in 2020 is being negotiated under the advocacy of the Human Rights Council, also,
Declaration on the Right to Development 17 was adopted in 1986 by the United Nations
Human rights Office of the High Commission. The draft Convention is heavily influenced
by existing human rights frameworks, including the UDHR, the two Covenants, and the
1986 UN Declaration on the Right to Development. 18 The drafters emphasized that no
new concepts or norms were being introduced, and the draft aims to solidify the
relationship between human rights and development and provide a binding framework
at the international level. However, it is worth considering whether the draft provides
concrete and implementable norms that address the limitations of the Declaration. 19
When it comes to the question of the right, we can see the international community has
strongly supported, affirmed, and upheld this right and its protection. Furthermore, all
individuals possess this right whether they form a state of sovereignty or not, this is vital
for the whole progress of humanity.20 The right to development for all human beings is
13
39th Session of the Human Rights Council(25September 2018) Human Rights Council Resolution 39/9,A/HRC/39/L
<https://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session39/res-dec-stat>accessedon6th January 2023.
14
Draft Convention on the Right to Development, with commentaries, Human Rights Council, United Nations
GeneralAssembly,20 January
2020.<https://www.ohchr.org/Documents/Issues/Development/Session21/4_A_HRC_WG.2_21_2_Add.1_Register
edVersion.pdf>accessed on 15th December 2022.
15
Ibid.
16
Ibid.
17
Declaration on the Right to Development, General Assembly Resolution 41/ 128, United Nations Human Rights
Office of the High Commission, Adopted on 04 December 1986.<https://www.ohchr.org/en/instruments-
mechanisms/instruments/declaration-right-development#:~:text=The%20right%20to%20development%20is
%20an%20inalienable%20human%20right%20by,freedoms%20can%20be%20fully%20realized >accessed on 12th
December 2022
18
The Commentary, Declaration on the Right to Development, GA Res 41/128, 4 December 1986, A/RES/41/128;
Schrijver, ‘A new Convention on the human right to development: Putting the cart before the horse?’ (2020) 38
Netherlands Quarterly of Human Rights 84, 89.
19
Ibid.
20
Nowak Manfred, U.N. International Covenant on Civil and Political Rights (ICCPR), (3rd edition, N.P. Engel,Kehl,
Germany 2019)381
