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58.
At their group meeting, the experts considered how to emphasize the primacy of
human rights in the definition of international solidarity, while also recognizing that the
principle of international solidarity is broad in nature, extending to every facet of
international law and cooperation, and is relevant as such in addressing all human rights
and human needs.
59.
In response to the discussion at the expert group meeting, the Independent Expert
has included reactive solidarity in the constituent elements of international solidarity listed
in the text. The list is an attempt to capture most, if not all, of the types of action taken by
States and by the international community that can be viewed as expressing international
solidarity.
C.
Right to international solidarity
60.
The Independent Expert has taken care to define the right to international solidarity
clearly and meaningfully, mindful of the comments received during the regional
consultations and expert group meeting, and of established international law. Responding to
the suggestions that were made during the regional consultations and the expert group
meeting, the Independent Expert has simplified the articles defining the rights holders and
duty bearers of the right to international solidarity, and has clarified the definition of nonState actors who — aside from States — are also identified as duty bearers of the right.
61.
Echoing a conversation that also took place during the regional consultations, the
expert group meeting debated whether the right to international solidarity should be
classified as a right that is justiciable. While some experts struggled to imagine a context in
which rights holders might be able to claim that right before a court of law, one expert
suggested that the right to international solidarity might provide, for example, a cause of
action for a civil society organization that was being targeted by a State for receiving
funding from foreign sources, and another proposed that it might be invoked for the
protection of those who were prosecuted for providing aid to migrants.
D.
Implementation of the right to international solidarity
62.
Based on the recommendations that were made during the regional consultations and
the expert group meeting, the Independent Expert has worked to align the implementation
section of the draft declaration with that of other international declarations by simplifying
and generalizing the positive obligations contained in the right to international solidarity
and by eliminating the list of negative obligations, many of which were mirrored in the
positive obligations already provided in the draft declaration.
63.
The expert group gave careful consideration to the particular global issues and
challenges that should be enumerated in the implementation articles, recognizing that while
certain issues should be highlighted, it is important to make it clear that the implementation
of the right is not limited to those particular areas only. The Independent Expert
emphasized that the selection of issues highlighted reflected the priorities of prior
consultations as well as the need to illustrate linkages between issues that are often
overlooked in the discourse.
V. Conclusion and recommendations
64.
One of the questions that elicited lengthy discussions during the expert group
meeting was how the right to international solidarity would be implemented in certain
circumstances. While acknowledging that the points raised were important
considerations, the Independent Expert argued that the understanding of
international instruments does not derive solely from the texts, but also from how
those instruments are interpreted by those responsible for their implementation.
Thus, it is extremely valuable that there exists the space for that process to take place
in practice.
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