A/HRC/35/35
A.
Groundwork for the development of a right to international solidarity
20.
The groundwork for the development of a right to international solidarity began with
the submission of a working paper on human rights and international solidarity by Rui
Baltazar Dos Santos Alves (E/CN.4/Sub.2/2004/43) to the Sub-Commission on the
Promotion and Protection of Human Rights of the Commission on Human Rights, as
requested in its resolution 2002/73. One of the conclusions of that paper was that
international solidarity as an instrument for the attainment of human rights was a fact of
international life that needed new development. In his paper, Mr. Baltazar proposed a
preliminary workplan, in which he recommended studying the new international context,
the new challenges and the need to define principles, objectives and priorities conducive to
clarifying responsibilities in the field of international solidarity and human rights (para. 37
(c)).
21.
At its sixty-first session, the Commission, in its resolution 2005/55, established the
mandate on human rights and international solidarity and requested the Independent Expert
to study the issue and prepare a draft declaration on the right of peoples to international
solidarity. Rudi Muhammad Rizki was appointed as the first Independent Expert on human
rights and international solidarity.
22.
In his first report (E/CN.4/2006/96), Mr. Rizki presented an overview of his
approach to the work of the mandate, including the possible main areas of focus, objectives,
methodology and preliminary considerations to be refined and developed in subsequent
reports. During his second term, he circulated a questionnaire on human rights and
international solidarity to States, United Nations departments and bodies, specialized
agencies, other international organizations, NGOs in Geneva and the special procedure
mandate holders of the Human Rights Council. In his report at the end of his term
(A/HRC/15/32), he identified elements of a conceptual and normative framework for
human rights and international solidarity, drawing from the responses to the questionnaire
and his review of and observations on them, and highlighted significant areas of focus and
emerging approaches in international cooperation.
23.
The working paper written by Mr. Dos Santos Alves and the work of the first
Independent Expert, Mr. Rizki, were inspired by the historical and philosophical
foundations and, to a certain extent, the link to international law, of the principle of
international solidarity and its value in international relations, which would lay the basis for
the right to international solidarity.
B.
Shifting focus from the principle of international solidarity to a right to
international solidarity
24.
In June 2011, the Human Rights Council appointed the second and current
Independent Expert on human rights and international solidarity, Virginia Dandan. In her
first report to the Human Rights Council (A/HRC/21/44), she outlined the work of the
mandate towards the elaboration of a draft declaration. She identified stage one as the work
accomplished by Mr. Dos Santos Alves and her predecessor, Mr. Rizki. In August 2011,
she began her work on stage two, which entailed an in-depth examination of the relevant
issues, principles, standards and norms that would shift the focus from the principle of
international solidarity to the right to international solidarity. Consultations with States,
independent experts and various stakeholders, including civil society and grass-roots
representatives, were to be intensified throughout stage two. Stage three would be devoted
to consolidating and analysing the results of the previous two stages, writing and circulating
a preliminary text of the draft declaration for consultation, consolidating additional
comments and inputs that were received and finalizing the initial draft declaration for
submission to the Human Rights Council by 2014.
25.
Upon assuming her duties, the current Independent Expert took into account the
mandate’s tasks set out in relevant resolutions of the Commission on Human Rights and the
Human Rights Council. She paid particular attention to the Council resolutions covering the
period since her appointment, especially resolution 21/10, which was a milestone in the
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