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Call for inputs: Views and proposals on a draft legally binding instrument on the right to development

May 30, 2019

Please note that this call for contributions is limited to NGOs in consultative status with ECOSOC.

Please submit your contributions in English and in MS Word or compatible format by Friday the 26th of July 2019 to r2d@ohchr.org.

Download the official Civic Space Unit document here

The Chair-Rapporteur of the Intergovernmental Working Group on the Right to Development has been requested by the Human Rights Council, in its resolution 39/9, to prepare a draft legally binding instrument on the right to development.

We therefore invite you to share your views and proposals on a draft legally binding instrument on the right to development, including on the following:

Type of the instrument:

  1. Should the instrument be principally
    • a framework convention,
    • a treaty focusing on inter-state relations defining rights and obligations of States,
    • a treaty modelled on existing human rights treaties, defining the rights of individuals and peoples and corresponding obligations of States and non-state actors;
    • an instrument combining existing models of human rights treaties with inter-State rights and obligations; or
    • another instrument or agreed outcome?

Content of the instrument:

  1. Which previous instruments and provisions should be referenced in the preamble?
  2. Which considerations should be incorporated in the preamble?
  3. How should the object and purpose of the instrument be formulated?
  4. Which elements should be included in the instrument and how should it be structured?
  5. Which duty bearers, in particular non-state actors, should be included?
  6. Which obligations should the instrument concretize?
  7. How should the relationship with other rights and obligations under international law be determined?

Institutional arrangements:

  1. What type of institutional arrangements should be foreseen?
  2. A conference of State Parties with subsidiary bodies?
  3. An expert body with the mandate to submit reports on its work to the General Assembly, adopt recommendations, views and general comments?
  4. Which entity should serve as the Secretariat?
  5. Should there be a funding mechanism for covering the costs of the institutional arrangements and implementing recommendations?

Compliance, monitoring and enforcement arrangements:

  1. What type of compliance, monitoring and enforcement procedures should be envisaged?
    • A compliance committee with a facilitation and enforcement branch?
    • A reporting procedure with periodic reports, reviewed by an expert body?
    • A self-assessment combined with a peer review mechanism?
    • A communications procedure?
    • An inquiry procedure?
    • An inter-State complaints procedure?
    • An advisory opinion procedure?
    • Should some procedures be optional and if, should the procedures be included in the text of the instrument in the form of an opting in or opting out clause or in an optional protocol?
    • How should the relationship with other relevant procedures and mechanisms be determined?

Final provisions:

  1. What elements should be specified in the final provisions?
    • Who can become a party to the LBI?
    • What is the desired number of ratifications for entry into force?
    • Should reservations be possible?
    • Should there be a clause on dispute resolution with respect to the interpretation or application of the instrument with jurisdiction of the International Court of Justice?
    • Should there be a clause concerning the possibility to denounce the agreement?