Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights

36 (XXXVII). Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights[1]77

The Commission on Human Rights, Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms, Considering also the Universal Declaration of Human Rights and the International Covenant on Economic Social and Cultural Rights, according to which the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created in which everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights, Recalling General Assembly resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974 containing the Declaration and the Programme of Action on the Establishment of a New International Economic Order and resolution 3281 (XXIX) of 12 December 1974 containing the Charter of Economic Rights and Duties of States, resolution 3362 (S-VII) of 16 September 1975, and resolution 35/56 of 5 December 1980 containing the International Development Strategy for the Third United Nations Development Decade, Bearing in mind that the International Development Strategy for the Third United Nations Development Decade stated that "the ultimate aim of development is the constant improvement of the well-being of the entire population on the basis of its full participation in the process of development and a fair distribution of the benefits therefrom", Recalling also its resolutions 2 (XXXI) of 10 February 1975, 4 (XXXIII) of 21 February 1977, 4 and 5 (XXXV) of 2 March 1979, 6 and 7 (XXXVI) of 21 February 1980, Taking into account General Assembly resolutions 32/130 of 16 December 1977, 34/46 of 23 November 1979, and 35/174 of 15 December 1980, Reiterating that all human rights and fundamental freedoms are indivisible and interdependent and that equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights, Noting with interest that the Heads of State or Government of Non-Aligned Countries, at their Sixth Conference held at Havana from 3 to 9 September 1979, set as one of the essential objectives of the non-aligned movement the early establishment of the New International Economic Order with a view to accelerating the development of developing countries, eliminating the inequality between developed and developing countries, and the eradication of poverty, hunger, sickness and illiteracy in the developing countries, and called on the United Nations to continue working towards the comprehensive achievement of human rights, in order to ensure the dignity of human beings, Recalling that the right to development is a human right and that equality of opportunity for development is as much a prerogative of nations as of individuals within nations, Once again declaring that the denial of the right to self-determination of peoples, foreign occupation, colonialism, apartheid, racism and racial discrimination constitute an impediment to social and economic progress, Emphasizing the importance for all countries to evolve appropriate socio-economic systems that are best suited to their own political, economic, social and cultural situations free from external influences and constraints that distort and prevent the achievements of the right to development, Further underlining the importance of individual and collective self-reliance on the part of the developing countries as a means of accelerating their development and contributing to the achievement of the right to development, Recognizing that international peace and security are essential elements for the full realization of the right to development,

1. Reiterates the need to create, at the national and international levels, conditions for the full promotion and protection of the human rights of individuals and peoples;

2. Reaffirms its profound conviction that all human rights and fundamental freedoms are indivisible and interdependent, and that equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights;

3. Expresses its deep concern with the present situation in the attainment of the aims and objectives of the Declaration and Programme of Action for the Establishment of a New International Economic order and the consequent adverse effects on the full achievement of human rights, including on the right to development;

4. Reaffirms that all nations have an inalienable right to pursue freely their economic and social development and to exercise full and complete sovereignty over all their natural resources without prejudice to any commitments arising out of the indispensable international solidarity and economic co-operation;

5. Once again reiterates the need to ensure the realization of work, education, health and proper nourishment through the adoption of national and international measures, as a necessity for the full enjoyment of human rights;

6. Reaffirms that the denial of the right to self-determination of peoples, foreign occupation, colonialism, apartheid, racism and racial discrimination are serious impediments to economic and social progress;

7. Takes note of the conclusions and recommendations of the Seminar on the Effects of the Existing Unjust International Economic Order on the Economies of the Developing Countries and the Obstacle that this Represents for the Implementation of Human Rights and Fundamental Freedoms held in Geneva from 30 June to 11 July 1980;[2]78

8. Takes note also of the first part of the study prepared by the Secretary-General on the regional and national dimensions of the right to development as a human right,[3]79 in pursuance of the pertinent resolutions of this Commission, and Urges the Secretary-General to complete the whole study as soon as possible before the thirty-eighth session of the Commission on Human Rights;

9. Requests the Secretary-General to hold at the Headquarters of the United Nations within the framework of the advisory service programme the seminar on the relations that exist between human rights, peace and development to be held in August 1981 as decided by General Assembly resolution 35/174 of 15 December 1980 and to give priority in its programme to the items mentioned in the annex to the present resolution;

10. Decides to establish a working group of 15 governmental experts appointed by the Chairman of the Commission, taking into account the need for equitable geographic distribution, to study the scope and contents of the right to development and the most effective means to ensure the realization, in all countries, of the economic, social and cultural rights enshrined in various international instruments, paying particular attention to the obstacles encountered by developing countries in their efforts to secure the enjoyment of human rights;

11. Requests the working group to hold three meetings in Geneva, the first in the month of July 1981, the second towards the end of 1981, for a period of two weeks, and the third meeting for one week before the beginning of the thirty-eighth session of the Commission on Human Rights;

12. Also requests the working group to take into account especially the observations of Governments and specialized organizations on this subject, including the opinions expressed in the debate on this item, the report and the study prepared by the Secretary-General[4]80 the conclusions and recommendations of the seminar on the effects of the existing unjust international economic order on the economies of the developing countries held in Geneva in 1980,[5]81 as well as the results of the seminar to be held in 1981 in New York on relations that exist between human rights, peace and development, and the conclusions and recommendations to be presented by the Special Rapporteur on the new international economic order and the promotion of human rights as decided by Commission resolution 18 (XXXVI) of 29 February 1980;

13. Requests the group to submit to the Commission at its thirty-eighth session a report based on the above-mentioned work with concrete proposals for implementation of the right to development and for a draft international instrument on this subject;

14. Requests the Secretary-General to provide all necessary assistance to the working group;

15. Decides to consider this question with high priority at its thirty-eighth session, with a view to adopting concrete measures on the basis of the recommendations of the working group;

16. Decides also to review at its thirty-eighth session, the need for the working group to continue its activities.

Annex

Priority items to be considered at the seminar on relations that exist between human rights, peace and development:

(a) The relationship between human rights, peace and development;

(b) Consideration of the impact of the arms race in the realization of peace and the right to development;

(c) Analysis of concrete measures to be adopted for the implementation of the full enjoyment of human rights, particularly of peace and the right to development.



[1]77 Adopted at the 1639th meeting, on 11 March 1981, by a roll-call vote of 40 to 1. with 2 abstentions. See chap. VI. [2]78 ST/HR/SER.A/8. [3]79 E/CN.4/1421. [4]80 E/CN.4/1334 and E/CN.4/1421. [5]81 ST/HR/SER.A/8.
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