international law.68 Indeed, a Special Rapporteur has noted that ‘repeated commitments of developed
states to provide certain levels of assistance, particularly to reach the Millennium Development Goals,
might in time crystallise into customary international law’.69
While, in general, human rights monitoring bodies have not explicitly recognised an obligation for
developed states to provide assistance to poorer countries, such an obligation seems to arise in the
context of disaster relief and humanitarian assistance. According to the CESCR, ‘States Parties have
a joint and individual responsibility... to cooperate in providing disaster relief and humanitarian
assistance in times of emergency, including assistance to refugee and internally displaced persons’.70
Finally, a number of practices have been frowned upon. These include donors not knowing who
their resources are reaching or how they are being targeted;71 activities that are ill conceived or even
counterproductive in human rights terms for failing to focus on needs; conditions attached to the
receipt of funding; and the focus on short-term interventions with no perspective on broader systems.72
Obligations for those in need of resources: seeking international assistance and cooperation
States that lack the resources needed to implement human rights have the obligation to seek
international cooperation or assistance, be it bilateral, regional, interregional, global or multilateral.
While several human rights bodies have suggested that countries seeking aid should first take steps
to mobilise domestic resources, in practice, they have paid more attention to international assistance
and cooperation obligations.
In general, human rights monitoring bodies have identified several obligations for states seeking
international assistance. For example, such states are required to identify in their reports any
particular needs they may have for technical assistance or development cooperation;73 they should
ensure proper management of the assistance received, making sure, for instance, that the resources
received reach the most vulnerable groups and are utilised in a timely and effective manner;74 and
they are to determine their own viable development or assistance programmes. One best practice that
has been cited in this respect was establishing a human rights-based approach to development that
68
‘Report of the Special Rapporteur on food, Olivier De Schutter’ (2009) UN Doc A/HRC/10/5, paras 9 and 41.
69
‘Report of the Special Rapporteur on food, Olivier De Schutter’ (2009) UN Doc A/HRC/10/5, paras 9 and 41.
70
CESCR General Comment No 12, para 38 and General Comment No 14, para 40.
71
‘Report of the Special Rapporteur on water and sanitation, Catarina de Albuquerque’ (Financing for the realisation
of the rights to water and sanitation) (2011) UN Doc A/66/255. The Special Rapporteur on health adds that donor
interventions are often fragmented and poorly coordinated: ‘Interim report of the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover’ (main focus:
health financing in the context of the right to health) (2012) UN Doc A/67/302, para 30.
72
‘Interim report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health, Anand Grover’ (main focus: health financing in the context of the right to health) (2012)
UN Doc A/67/302, para 23. See also CESCR, General Comment No 2: Informational technical assistance measures (Art
22) (1990) UN Doc E/1990/23, paras 7–8.
73
Eg, CESCR, General Comment No 2, para 10.
74
See, eg, ‘Report of the independent expert on poverty, Mission to Viet Nam’ (2011), A/HRC/17/34/Add.1, para 99
and ‘Report of the Special Rapporteur on education, Kishore Singh’ (financing education and update on education in
emergencies) (2011) UN Doc A/66/269, para 17.
December 2017�� The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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