1. IMPORTANCE OF THE 1986 DECLARATION ON THE RIGHT TO DEVELOPMENT
We have many reasons to celebrate the 40th anniversary of the Declaration on the Right to Development, adopted by the United Nations General Assembly in 1986.
That document undoubtedly constitutes a historic milestone for several reasons.
First, it formalized the recognition of the right to development as an inalienable and universal human right.
It recognized individuals and peoples alike as holders of this right.
It enshrined a holistic and comprehensive approach to development, transcending the prevailing approach at the time, which conceived development solely in terms of economic and financial growth. The Declaration incorporated civil, political, economic, social and cultural rights into the concept of development.
The Declaration conceived development as a participatory process, with the human being at its centre as an active subject.
It established the duty of States to cooperate with one another in order to eliminate obstacles to development. No other human rights instrument had, until then, articulated with such clarity the obligation of international cooperation as a structural component of the right itself.
All of these were innovative and significant advances at the time, which allow us to characterize the 1986 Declaration as a revolutionary text that remains fully relevant today.
Since 1986, there has been a progressive and increasingly broad recognition of development as a human right. This right was reflected in various relevant international instruments, such as the 1993 Vienna Declaration and Programme of Action, which endorsed the inclusion of the right to development among fundamental human rights.
In 2000, the Millennium Declaration committed States to making the right to development a reality for all humanity, and 15 years later, the effective realization of this right was included among the commitments undertaken by States through the landmark 2030 Agenda for Sustainable Development.
There have been many resolutions, declarations and programmes adopted over the past 40 years concerning the right to development. These represent tangible progress.
But we must honestly acknowledge that progress has been largely limited to the rhetorical and declaratory spheres. In practical terms, the operationalization of the human right to development remains a pending task.
For the vast majority of countries of the Global South, the right to development remains a distant aspiration, a chimera.
It has been demonstrated that, on its own, the 1986 Declaration, given its non-binding nature, is not sufficient to ensure the effective realization of the right to development.
2. NEED AND URGENCY TO ADOPT AN INTERNATIONAL COVENANT ON THE RIGHT TO DEVELOPMENT
I consider that one of the main limitations currently facing international human rights law is precisely the absence of a legally binding international instrument to operationalize the human right to development.
Therefore, it is not only desirable but also essential that the United Nations General Assembly adopt, as soon as possible, the International Covenant on the Right to Development, on the basis of the text recommended by the Human Rights Council in 2023.
The Covenant would help place development where it belongs, at the centre of the international agenda, and would create an appropriate space to address the main systemic and structural challenges to development.
The adoption of the Covenant would also allow us to advance towards the full integration of the right to development into international human rights law, on an equal footing and at the same level as all other human rights, with concrete and internationally enforceable obligations.
We do not share the position of some countries that argue that the codification of the right to development and other third-generation human rights would be harmful because it would diminish the relevance of civil and political rights and economic, social and cultural rights.
On the contrary, the right to development is a synthesis right. Its realization is essential for the enjoyment of all other human rights. Genuine development cannot be achieved without the effective implementation of all human rights.
Denying this reality would run counter to the principles of universality, interdependence and complementarity that should characterize the treatment of human rights.
3. CONSIDERATIONS ON THE DRAFT COVENANT RECOMMENDED BY THE HUMAN RIGHTS COUNCIL TO THE UNITED NATIONS GENERAL ASSEMBLY
The draft International Covenant on the Right to Development recommended to the General Assembly is, in our view, a good basis for further work. In fact, we do not favour introducing drastic changes to the text, as this could further complicate and delay the adoption of this instrument, which we consider a priority.
The draft is undoubtedly open to improvement. Cuba would have preferred a more ambitious Covenant. We would like, for example, the specific obligations of States regarding cooperation to be set out more clearly. This is particularly relevant because a distinctive and critical aspect of the human right to development is its international dimension.
We do not question that primary responsibility for realizing the right to development in a country rests with that country itself. However, shared responsibilities must also be established with absolute clarity.
In the context of development, national measures alone are insufficient. Structural and systemic obstacles to development can only be effectively addressed and eliminated if States cooperate with one another.
With regard to the implementation and follow-up mechanism, we consider that the draft Covenant departs from the usual arrangements found in other human rights instruments. In this case, there would be no strong treaty body, as is the case with other human rights instruments.
The body responsible for examining and following up on the implementation of the Covenant would be a Conference of States Parties, and such review would be conducted on the basis of voluntary compliance reports submitted by States Parties. No system of mandatory compliance reporting is established. We consider that this review and follow-up mechanism could be strengthened.
In our view, the draft Covenant is essentially conceived as a framework convention and should therefore be complemented in the future by the adoption of Additional Protocols, allowing for the operationalization of other specific commitments by States Parties.
For Cuba, one of the most relevant elements of the future Covenant concerns its provisions on unilateral coercive measures, an issue that is currently reflected in Article 14 of the draft instrument.
That Article explicitly establishes that the use of unilateral coercive measures undermines the right to development and that States must therefore refrain from adopting or applying such measures. We firmly support this provision, as do many other countries.
To date, affected States do not have legally binding international mechanisms that would allow us to present evidence of the enormous impact that the imposition of unilateral coercive measures has on our right to development.
The Conference of States Parties to the future Covenant would be an appropriate forum to examine these issues and adopt binding decisions concerning the States concerned.
4. PROSPECTS FOR THE NEGOTIATION PROCESS AND FORMAL ADOPTION OF THE COVENANT BY THE UN GENERAL ASSEMBLY
Certainly, little progress has been made in New York since the Human Rights Council recommended to the General Assembly, in 2023, a draft International Covenant on the Right to Development.
A clear roadmap for moving forward has not yet been defined. Nevertheless, it can be observed that a broad majority of States supports the adoption of the Covenant.
We hope that the negotiation process in New York will intensify in the coming months.
In the coming days, on 23 September, a High-Level Meeting of the United Nations General Assembly will be held to commemorate the 40th anniversary of the Declaration on the Right to Development. This will be a good opportunity to renew the international commitment to this human right and to give further impetus to the process of consideration and adoption of the Covenant.
We consider that the conditions exist for the Covenant to be adopted by the United Nations General Assembly in 2027, or by 2028 at the latest.
We do not believe it is realistic to aspire to its adoption by consensus. There is a group of countries which, in our view, will not support the Covenant, regardless of the final text, and therefore it would appear inevitable to resort to a vote. But we are confident that, as occurred at the time with the 1986 Declaration, a broad majority of Member States will vote in favour of the Covenant.
Cuba will continue to contribute actively and constructively to this process, both in its national capacity and in its capacity as Coordinator of the Non-Aligned Movement Working Group on Human Rights in New York.
Thank you very much.