A/HRC/35/35
65.
In that regard, the Independent Expert recalls that, in the report she presented
at the seventy-first session of the General Assembly in 2016, she stated that the
validity of a legal argument does not always rest on the nature of its origins, but with
the reception it gets from the international community when it is introduced. When
States adopt a resolution, they agree in effect on the principles contained in the
resolution and may turn them into standard operating procedures, State practice and
ultimately, rules of international law, and as such, they will possibly gain the
international recognition that cannot be acquired otherwise. That same procedure can
be applied to developing the right to international solidarity as an enabling right for
the respect, protection and fulfilment of human rights. Our understanding of human
rights cannot be perfect and complete from the very start, as exemplified by the
international human rights treaties, the enforceability of which did not exist even as
they came into force. Human rights can only come into existence as enforceable claims
through continuous work and effort by legal and political institutions, human rights
mechanisms and most importantly, the experience and practice of States themselves.
66.
The Independent Expert also recalls how she came away from the five regional
consultations with an even firmer conviction about the feasibility and enforceability of
the right to international solidarity as elaborated in the present draft declaration. The
regional consultations attested to the fact that many States already have the working
institutions and agencies to implement the right to international solidarity. It thus
appears that resistance to the idea of a right to international solidarity emanates not
from those working on the ground who, by all indications from the five regional
consultations and the country visits of the Independent Expert, possess the knowledge
and experience to make it work in practice, but from elsewhere. It is also evident from
the experiences recounted by national and regional actors that, although it may take a
while to surmount some obstacles, the right to international solidarity can be
effectively implemented in culturally diverse ways that do not in any way diminish the
standards indicated in the draft declaration. Human rights are always a work in
progress that can only come into full existence as enforceable claims through the
continuous development of their myriad dimensions and the hands-on work being
done on the ground by local actors.
67.
On every occasion possible, the Independent Expert promotes the position that
a declaration on the right to international solidarity would bring significantly closer
the formal recognition that the right to international solidarity is a powerful tool in
addressing the structural causes of poverty, inequality and other global challenges,
including the adverse impact of climate change on human rights. Furthermore, that
right is essential in building a global constituency for a just regulation of globalization
and more equitable arrangements for trade, investment, finance, aid, foreign debt,
technology transfer, intellectual property, migration, labour and the environment.
When it is recognized for what it is outside of political rhetoric and considerations,
taking full account of that right would be crucial in addressing the impacts of present
day global challenges, including the growing refugee and migration crises, the
unabated horrors of terrorism and human trafficking. Notably, that right would
anchor global partnerships, allowing international commitments to be nurtured and
advanced. As such, it would be instrumental to the attainment of the 2030 Agenda for
Sustainable Development.
68.
In its resolution 32/9, the Human Rights Council mapped the way forward in
the work of the mandate on human rights and international solidarity, as contained in
its request for the Independent Expert to undertake thematic research on the
importance of international solidarity in realizing the human rights of peoples and
individuals, including on impediments to mainstreaming it, to assist States,
intergovernmental organizations and civil society to actively engage in promoting the
important role of international solidarity in the achievement of the 2030 Sustainable
Development Agenda, especially in economic, social and climate issues, while paying
particular attention to Goal 17 and the related indicators.
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