A/HRC/10/5
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available resources”.20 Therefore, at a minimum, developed countries should make measurable
progress towards contributing to the full realization of human rights by supporting the efforts of
governments in developing countries, and they should not diminish pre-existing levels of aid
calculated as ODA in percentage of the GDP. Any regression in the level of aid provided that is
not fully justified should be treated, presumptively, as a violation of States’ obligations under
international law.
10. Second, the assistance provided should be non-discriminatory. Even if it remains based on
the voluntary decisions of each donor Government, the aid provided should not be determined by
the political, strategic, commercial or historically rooted interests of the donors, but by an
objective assessment of the identified needs in developing countries. This is required if aid is to
be effective, as noted already in 1969 by the Pearson Commission and in 1980 by the Brandt
Commission.21 It also follows from the recognition of the fact that development cooperation is a
means of fulfilling human rights, particularly the right to food. The implication is that aid should
be informed by an adequate mapping of needs - including, in particular, the existence in certain
countries of food insecurity and vulnerability (see chap. III below).
11. Third, the amount of aid provided to recipient countries remains volatile and unpredictable,
changing from one year to the next and from one country to another.22 This does not allow
recipient countries to plan their development over a number of years and creates the risk of aid
being suspended or interrupted for politically motivated reasons, without such measures being
based on objective and transparently applied considerations. Where such decisions result in
negative impacts on the enjoyment of human rights, particularly on the right to food, they require
careful consideration of the donor State’s obligations.23 Donor States must therefore follow up
on the commitments they make to provide certain levels of aid at a specific time and in a given
year. Such commitments give rise to legitimate expectations for the recipient State, which cannot
be disappointed without an adequate justification being provided by the donor State.
20
E/1991/23, para. 9.
21
See L. Pearson, Partners in Development: Report of the Commission on International
Development, New York, Praeger Publ., 1969, p. 127; North-South: A Programme for Survival,
Report of the Independent Commission on International Development (chaired by W. Brandt),
London, Pan Books, 1980, p. 244.
22
See, for instance, the calculations of Eurodad (European Network on Debt and Development)
as regards the percentage of deviation from scheduled aid within a given year: using data from
the 2006 Paris Declaration Survey (OECD, Aid Effectiveness: 2006 Survey on Monitoring the
Paris Declaration. Overview of the Results, Paris, 2007).
23
See E/C.12/1997/8.