Nations General Assembly 1986); the only negative vote was cast by the United States. Since then,
various working groups, task forces and independent experts have been trying to identify ways to
overcome obstacles to the realization of the right to development, and to define criteria that would
allow to measure progress in its fulfilment (for an excellent synthesis, Marks 2011). Whichever
advances were made stumbled, however, on the apparently insurmountable oppositions between
rich and poor countries, concerning issues such as the need for a new international instrument or the
use of indicators.
As the Independent Expert on the right to development to the United Nations Commission on
Human Rights between 1999 and 2004, before becoming the Independent Expert on Human Rights
and Extreme Poverty, Arjun Sengupta played a major role in these discussions. An Indian economist
from West Bengal and longtime member of the Indian Parliament, Sengupta emphasizes in Chapter
21 that human rights are both an end of development and ingredients for development, an idea also
championed by his compatriot Amartya Sen (Sen 1999). As Independent Expert on the right to
development, Sengupta pioneered the idea of "development compacts", which he elaborates on in
his contribution to this volume (Chapter 21: 880‐883). The basic idea is that rich countries could
ensure that they provide financial support and remove a range of obstacles to a developing country's
ability to fulfil human rights, in exchange for a firm commitment by that country to work towards the
full realization of human rights, under the supervision of an independent body such as a human
rights commission: in essence, instead of having vague commitments of the international community
to facilitate the process of development, and equally vague promises of developing countries to
focus on human development priorities for the benefit of their populations, there would be a
contractualization of the efforts made on both sides, and a corresponding shift from promises to
binding obligations. Though this scheme smacks of conditionalities, it differs from conditionalities in
that the commitments and the accountability are conceived as the result of a negotiated agreement
rather than imposed, and as mutual rather than unilateral.
In Chapter 22, Madgalena Sepulveda Cremona, who later was to be appointed the Independent
Expert (and then Special Rapporteur) on Extreme Poverty and Human Rights, explores the role of
"international assistance and cooperation" in human rights instruments, and in particular in the
International Covenant on Economic, Social and Cultural Rights. Article 2(1) of the Covenant
specifically refers to an obligation to take steps, including through international assistance and
cooperation, to realise economic, social and cultural rights. It therefore clearly affirms an obligation
to engage in international cooperation, as recognized by the Committee on Economic, Social and
Cultural Rights (CESCR 1990: para. 14). Similarly, the Convention on the Rights of the Child requires
states to take measures to implement the economic, social and cultural rights in the treaty “... to the
maximum extent of their available resources and, where needed, within the framework of
international cooperation” (Art. 4, and see also Articles 24 (4) and 28 (3), requiring states to promote
and encourage international cooperation in regard to the right to health and to education, taking
particular account of the needs of developing countries). Thus, as noted by the Committee on the
Rights of the Child, “[w]hen States ratify the Convention, they take upon themselves obligations not
only to implement it within their jurisdiction, but also to contribute, through international
cooperation, to global implementation” (CRC 2003: para. 5).
Disagreement persists however as to whether the reference to international assistance and
cooperation implies the existence of binding obligations. Neither the drafting history of the Covenant
nor subsequent State practice provide a definitive answer. When negotiating what came to be Article
2(1) of the International Covenant on Economic, Social and Cultural Rights, the drafters agreed that
international cooperation and assistance was necessary in order to realise economic, social and
cultural rights, but they disagreed as to whether it could be claimed as a right (Alston and Quinn
1987: 188‐189). No vote was conducted to decide between these competing views and to reflect one
of the contending views in the text.
35
CRIDHO‐WP‐2013/2: O. De Schutter – Economic,Social and Cultural Rights as Human Rights: An Introduction
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents