A/72/171
to capture most, if not all, of the types of action taken by States and the
international community that could be viewed as expre ssing international solidarity.
3.
Right to international solidarity
25. The Independent Expert has taken care to clearly and meaningfully define the
right to international solidarity, mindful of the comments received and of
established international law. Responding to the suggestions made, the Independent
Expert simplified the articles articulating the holders and duty bearers of the right
and clarified the definition of the non-State actors who, in addition to States, are
identified as duty bearers of the right.
26. Echoing a conversation that arose during the regional consultations, the expert
group also debated whether the right to international solidarity should be classified
as a justiciable right. While some experts struggled to imagine a context in which
rights holders might be able to claim the right before a court of law, another
suggested that the right, for example, might provide a cause of action for a civil
society organization that was being targeted by a State for receiving funding from
foreign sources, and yet another proposed that it might be mobilized for the
protection of those who were being prosecuted for providing aid to migrants.
4.
Implementation of the right to international solidarity
27. On the basis of the recommendations, the Independent Expert aligned the
implementation portion 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.
28. 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 was important to make it clear
that the implementation of the right was not limited only to those particular areas.
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 were often overlooked in the discourse.
5.
Presentation to the Human Rights Council
29. On 6 June 2017, the Independent Expert presented her report, including the
draft declaration, to the Human Rights Council.
30. The States that responded to the presentation overwhelmingly welcomed her
work, and many spoke of the value of the draft declaration as a powerful tool for
addressing global challenges.
31. Some States expressed some scepticism regarding the draft declaration,
however. They suggested that, while they respected the principle of international
solidarity, they were uncertain as to whether it could be understood as rising to the
level of a human rights standard.
32. In response, the Independent Expert emphasized that human rights standards
were not static concepts, but that they evolved over time, as a result of the practices
and understandings of States, peoples and individuals.
6/13
17-12217