The United Nations General Assembly adopted the Declaration on the Right to Development in 1986. Since then, different political groups have interpreted differently this resolution entitling people to participate in, contribute to, and enjoy development, in which all human rights can be fully realized. In his article “Towards a Framework Convention on the Right to Development” Koen De Feyter states that drafting a Framework Convention is the best way to accommodate the various interests of the Global South, the North as well as the Non-Aligned Movement. He provides a sketch for such a framework and argues that it would complement the current human rights regime with a treaty that would go beyond individual state responsibility.
Koen De Feyter
April 2013
On 4 December 1986, the United Nations General Assembly adopted the Declaration on the Right to Development. According to the Declaration, the right to development entitles every human person and all peoples to participate in, contribute to, and enjoy development, in which all human rights can be fully realized.
Yet, interpretation of this resolution differs from one political group to another. The Global South emphasizes issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North insists on suitable domestic conditions in developing countries such as good governance, democracy and responsible economic management. And while the Non-Aligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration.
Drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent.
The potential added value of a Framework Convention on the Right to Development is to complement the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.