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 those human rights.

1982/17. 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 those human rights[1]63

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,[2]64 the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights,[3]65 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 General Assembly resolutions 3281 (XXIX) of 12 December 1974, containing the Charter of Economic Rights and Duties of States, 3362 (S-VII) of 16 September 1975, and 35/56 of 5 December 1980 containing the International Development Strategy for the Third United Nations Development Decade, Recalling also the Declaration on the Granting of Independence to Colonial Countries and Peoples,[4]66 the Declaration on Social Progress and Development,[5]67 the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,[6]68 the Declaration on the Strengthening of International Security[7]69 and the Declaration on the Deepening and Consolidation of International Détente,[8]70 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 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 and 36 (XXXVII) of 11 March 1981, Recalling also its resolution 36 (XXXVII), which stated inter alia, that equality of opportunity for development is as much a prerogative of nations as of individuals within nations, Taking into account General Assembly resolution 36/133 of 14 December 1981, which declared that the right to development is an inalienable human right, Taking into account General Assembly resolutions 32/130 of 16 December 1977, 34/46 of 23 November 1979, 35/174 of 15 December 1980, and 36/133 of 14 December 1981, Recalling also General Assembly resolution 32/130 of 16 December 1977, which stated inter alia 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 economist social and cultural rights, Emphasizing that the promotion of respect for the enjoyment of certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms, Noting with interest that the Heads of State or Government of the Non-Aligned Countries, at their Sixth Conference held at Havana Cuba, 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, Emphasizing the importance for all countries of evolving 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 achievement 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 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. Expresses its deep concern at the present situation in the attainment of the aims and objectives for the establishment of a New International Economic Order and the adverse effects on the full achievement of human rights and in particular the right to development;

3. 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 subject to the principles referred to in article 1, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights;

4. 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;

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

6. Takes note of the conclusions and recommendations of the "Seminar on the relations that exist between human rights, peace and development", held in New York from 3 to 14 August 1981;[9]71

7. Takes note also of the second part of the study prepared by the Secretary-General on the regional and national dimensions of the right to development as a human right;[10]72

8. Commends the report of the Working Group of Governmental Experts on the Right to Development, which was held in Geneva on three occasions between 20 July 1981 and 22 January 1982;[11]73

9. Takes note with satisfaction of the progress made so far by the Working Group as reflected in its report and its recommendations;

10. Decides to reconvene the Working Group with the same mandate in order to allow it to elaborate, on the basis of its report and all documents already submitted or to be submitted, a draft declaration on the right to development;

11. Requests the Working Group to hold two meetings of two weeks each in Geneva, the first in June/July 1982 and the second in September/October 1982;

12. Also requests the Working Group to submit to the Commission at its thirty-ninth session a report and concrete proposals for a draft declaration on the right to development;

13. Requests the Secretary-General to provide all necessary assistance to the Working Group;

14. Decides to consider this question as a matter of high priority at its thirty-ninth session, with a view to taking a decision on the work undertaken on the draft declaration submitted by the Working Group;

15. Decides also to review, at its thirty-ninth session, the need for the Working Group to continue its activities.

---

[1]63 Adopted at the 55th meeting on 9 March 1982, by 41 votes to none, with 1 abstention. See chap. VI. [2]64 General Assembly resolution 217 A (III). [3]65 General Assembly resolution 2200 A (XXI), annex. [4]66 General Assembly resolution 1514 (XV). [5]67 General Assembly resolution 2542 (XXIV). [6]68 General Assembly resolution 2625 (XXV). [7]69 General Assembly resolution 2734 (XXV). [8]70 General Assembly resolution 32/155 . [9]71 ST/HR/SER.A/10. [10]72 E/CN.4/1488. [11]73 E/CN.4/1489.