A/72/171
and the United Nations Framework Convention on Climate C hange, in order to
strengthen the preamble and further develop a well-founded legal framework for the
right to international solidarity.
16. During the regional consultations, there was broad agreement that the title
could be simplified to “draft declaration on the right to international solidarity”,
because the rights holders, namely peoples and individuals, were clearly indicated
in the text itself.
17. The discussions of the expert group meeting included meaningful
consideration of the structure of the declaration as a whole and of questions as to
whether it would be best to first define the right to international solidarity, since that
was the subject of the declaration, or to begin instead by defining the broader
concept of international solidarity before proceeding to the substance of the right.
18. The expert group meeting also included significant discussion on the relevance
of such a draft declaration at a time of rising nationalism and fragmentation. The
experts suggested that current events had truly highlighted the need for such a
document. They also suggested that a human rights-based vision of international
solidarity could create an alternative narrative to that of globalization, which was
increasingly perceived to be a harmful and entirely nega tive force. There was
uniform recognition that, despite political sentiment that focused on divisions,
humans existed in a state of interconnectedness and interdependence and there were
global challenges that could not be resolved without international solidarity.
1.
Preamble
19. Consistent with the recommendations received during the regional
consultations and, in particular, during the expert group meeting, the Independent
Expert has synchronized the preamble with the operative paragraphs, providing a
solid context while avoiding duplication.
20. The Independent Expert has also ensured that the preamble reflects the full
range of international law that has its basis in international solidarity, adding
specific references to international humanitarian and refugee law, climate change
law, labour law and other areas of global concern, as well as to regional treaties and
covenants.
21. The expert group carefully considered how best to reflect the incorporation of
international solidarity throughout international law, including how to ensure that
each area of law and each international instrument would be highlighted
appropriately and that the documents referenced would truly demonstrate
international solidarity.
2.
Definition, principles and objectives of international solidarity
22. Following the recommendations, the Independent Expert sought to consolidate
articles defining international solidarity. She identified international solidarity as a
foundational principle underlying international law and enumerated related
principles articulated in international law that provide a basis for it.
23. The expert group considered how to emphasize the primacy of human rights in
the definition of international solidarity while also recognizing that the principle
was broad in nature, extending to every facet of international law and cooperation,
and thus relevant in addressing all human rights and human needs.
24. In response to that discussion, the Independent Expert included reactive
solidarity in the constituent elements listed in the text. Tha t list represents an effort
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