Paper 2.3 Selected High-Level and UNGA Resolutions on Sustainable Development Governance

Paper 3

Selected High-Level and UNGA Resolutions on Sustainable Development Governance

David Banisar

Overview…………………………………………………………………………………………… 2

III. Millennium Goals Related Declarations…………………………………………………………. 2

  1. Resolution 55/2. Millennium Declaration (2000)…………………………………………………… 2
  2. Resolution 60/1. 2005 World Summit Outcome. (2005)………………………………………… 4
  3. Resolution 65/1. MDG + 10 Keeping the promise: united to achieve the Millennium Development Goals (2010) 7

III. Rio-Related Declarations………………………………………………………………….. 10

  1. Rio Declaration on Environment and Development (1992)…………………………………… 10
  2. Earth Summit + 5 S/19-2.Programme for the Further Implementation of Agenda 21 (1997) 10
  3. Johannesburg Declaration on Sustainable Development (2002)…………………………….. 11
  4. Johannesburg Plan of Implementation of the World Summit on Sustainable Development (2002) 11
  5. Rio + 20 The Future We Want (2012)……………………………………………………………….. 12
  6. Other Related UNGA Resolutions…………………………………………………………………….. 13
  7. Resolution 41/128. Declaration on the Right to Development (1986)…………………….. 13
  8. Resolution 50/225. Public administration and development (1996)……………………….. 15
  9. Resolution 59/185. The right to development (2004)…………………………………………… 15
  10. Resolution 64/172. The right to development (2010)…………………………………………… 16
  11. Resolution 66/209. Promoting the efficiency, accountability, effectiveness and transparency of public administration by strengthening supreme audit institutions (2011)………………………………………………………………………………………………… 16
  12. Resolution 67/1. Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels  (2012) 17
  13. Resolution 68/116. The rule of law at the national and international levels (2013)
  14. Resolution 68/158. The right to development (2013)…………………………………………… 17
  15. Resolution 68/175. Promotion of a democratic and equitable international order (2013) …18
  16. Resolution 68/188. The rule of law, crime prevention and criminal justice in the United Nations development agenda beyond 2015 (2013) 18
  17. Resolution 68/204. Follow-up to the International Conference on Financing for Development (2013) 19
  18. Resolution 69/123. The rule of law at the national and international levels (2014)… 19
  19. Resolution 69/195. Rule of law, crime prevention and criminal justice in the United Nations development agenda beyond 2015 (2014) 20
  20. Resolution 69/204. Information and communications technologies for development (2014) 21

Overview

In the past 25 years, the UN General Assembly and high-level gatherings of national leaders have approved numerous high level declarations on development, especially relating to the MDG and Rio processes.

This document provides relevant excerpts from these previous agreements that address the issues agreed to by the Open Working Group in Goal 16 of the Sustainable Development Goals. This includes human rights, transparency, public participation, fighting corruption, access to information, safe societies, and ensuring the rule of law. It is intended to provide assistance to delegations by making easily available already agreed language on governance issues, which can be used in the drafting the Declaration for the Post 2015 Agenda.

Millennium Goals  Related Declarations

  1. Resolution 55/2. Millennium Declaration (2000) (1)

 

We are determined to establish a just and lasting peace all over the world in accordance with the purposes and principles of the Charter. We rededicate ourselves to support all efforts to uphold the sovereign equality of all States, respect for their territorial integrity and political independence, resolution of disputes by peaceful means and in conformity with the principles of justice and international law, the right to self-determination of peoples which remain under colonial domination and foreign occupation, non-interference in the internal affairs of States, respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion and international cooperation in solving international problems of an economic, social, cultural or humanitarian character.

We consider certain fundamental values to be essential to international relations in the twenty-first century. This include:

Freedom. Men and women have the right to live their lives and raise their children in dignity, free from hunger and from the fear of violence, oppression or injustice. Democratic and participatory governance based on the will of the people best assures these rights.

  • Tolerance. Human beings must respect one other, in all their diversity of belief, culture, and language. Differences within and between societies should be neither feared nor repressed but cherished as a precious asset of humanity. A culture of peace and dialogue among all civilizations should be actively promoted.

We resolve therefore:

To strengthen respect for the rule of law in international as in national affairs and, in particular, to ensure compliance by the Member States with the decisions of the International Court of Justice, in compliance with the Charter of the United Nations, in cases to which they are parties.

  • To ensure the implementation, by States Parties, of treaties in areas such as arms control and disarmament and of international humanitarian law and human rights law, and call upon all States to consider signing and ratifying the Rome Statute of the International Criminal Court.
  • To intensify our efforts to fight transnational crime in all its dimensions, including trafficking as well as smuggling in human beings and money laundering.

Success in meeting these objectives depends, inter alia, on good governance within each country. It also depends on good governance at the international level and on transparency in the financial, monetary and trading systems. We are committed to an open, equitable, rule-based, predictable and non-discriminatory multilateral trading and financial system.

We also resolve:

  • To develop strong partnerships with the private sector and with civil society organizations in pursuit of development and poverty eradication.
  • To ensure that the benefits of new technologies, especially information and communication technologies, in conformity with recommendations contained in the ECOSOC 2000 Ministerial Declaration, are available to all.

Human rights, democracy, and good governance

We will spare no effort to promote democracy and strengthen the rule of law, as well as respect for all internationally recognized human rights and fundamental freedoms, including the right to development.

We resolve therefore:

To respect fully and uphold the Universal Declaration of Human Rights.

  • To strive for the full protection and promotion in all our countries of civil, political, economic, social and cultural rights for all.
  • To strengthen the capacity of all our countries to implement the principles and practices of democracy and respect for human rights, including minority rights.
  • To combat all forms of violence against women and to implement the Convention on the Elimination of All Forms of Discrimination against Women.
  • To take measures to ensure respect for and protection of the human rights of migrants, migrant workers, and their families, to eliminate the increasing acts of racism and xenophobia in many societies and to promote greater harmony and tolerance in all societies.
  • To work collectively for more inclusive political processes, allowing genuine participation by all citizens in all our countries.
  • To ensure the freedom of the media to perform their essential role and the right of the public to have access to information.

Resolution 60/1. 2005 World Summit Outcome. (2005) (2)

  1. We reaffirm that our common fundamental values, including freedom, equality, solidarity, tolerance, respect for all human rights, respect for nature and shared responsibility, are essential to international relations.

We reaffirm the vital importance of an effective multilateral system, in accordance with international law, in order to better address the multifaceted and interconnected challenges and threats confronting our world and to achieve progress in the areas of peace and security, development and human rights, underlining the central role of the United Nations, and commit ourselves to promoting and strengthening the effectiveness of the Organization through the implementation of its decisions and resolutions.

We acknowledge that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being. We recognize that development, peace and security and human rights are interlinked and mutually reinforcing.

We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained economic growth, sustainable development and the eradication of poverty and hunger.

We reaffirm that gender equality and the promotion and protection of the full enjoyment of all human rights and fundamental freedoms for all are essential to advance development and peace and security. We are committed to creating a world fit for future generations, which takes into account the best interests of the child.

We reaffirm the universality, indivisibility, interdependence and interrelatedness of all human rights.

We further reaffirm our commitment to sound policies, good governance at all levels and the rule of law, and to mobilize domestic resources, attract international

In our common pursuit of growth, poverty eradication and sustainable development, a critical challenge is to ensure the necessary internal conditions for mobilizing domestic savings, both public and private, sustaining adequate levels of productive investment, increasing human capacity, reducing capital flight, curbing the illicit transfer of funds and enhancing international cooperation for creating an enabling domestic environment. We undertake to support the efforts of developing countries to create a domestic enabling environment for mobilizing domestic resources. To this end, we therefore resolve:

(a) To pursue good governance and sound macroeconomic policies at all levels and support developing countries in their efforts to put in place the policies and investments to drive sustained economic growth, promote small and medium- sized enterprises, promote employment generation and stimulate the private sector;

(b) To reaffirm that good governance is essential for sustainable development; that sound economic policies, solid democratic institutions responsive to the needs of the people and improved infrastructure are the basis for sustained economic growth, poverty eradication and employment creation; and that freedom, peace and security, domestic stability, respect for human rights, including the right to development, the rule of law, gender equality and market-oriented policies and an overall commitment to just and democratic societies are also essential and mutually reinforcing;

(c) To make the fight against corruption a priority at all levels and we welcome all actions taken in this regard at the national and international levels, including the adoption of policies that emphasize accountability, transparent public sector management and corporate responsibility and accountability, including efforts to return assets transferred through corruption, consistent with the United Nations Convention against Corruption.5 We urge all States that have not done so to consider signing, ratifying and implementing the Convention;

Good governance at the international level is fundamental for achieving sustainable development. In order to ensure a dynamic and enabling international economic environment, it is important to promote global economic governance through addressing the international finance, trade, technology and investment patterns that have an impact on the development prospects of developing countries. To this effect, the international community should take all-necessary and appropriate measures, including ensuring support for structural and macroeconomic reform, a comprehensive solution to the external debt problem and increasing the market access of developing countries.

Human rights and the rule of law

We recommit ourselves to actively protecting and promoting all human rights, the rule of law and democracy and recognize that they are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations, and call upon all parts of the United Nations to promote human rights and fundamental freedoms in accordance with their mandates.

We reaffirm the solemn commitment of our States to fulfill their obligations to promote universal respect for and the observance and protection of all human rights and fundamental freedoms for all in accordance with the Charter, the Universal Declaration of Human Rights and other instruments relating to human rights and international law. The universal nature of these rights and freedoms is beyond question.

Human rights

We reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing and that all human rights must be treated in a fair and equal manner, on the same footing and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, all States, regardless of their political, economic and cultural systems, have the duty to promote and protect all human rights and fundamental freedoms.

We emphasize the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all, without distinction of any kind as to race, color, sex, language or religion, political or another opinion, national or social origin, property, birth or another status.

We resolve to integrate the promotion and protection of human rights into national policies and to support the further mainstreaming of human rights throughout the United Nations system, as well as closer cooperation between the Office of the United Nations High Commissioner for Human Rights and all relevant United Nations bodies.

Rule of law

Recognizing the need for universal adherence to and implementation of the rule of law at both the national and international levels, we:

(a) Reaffirm our commitment to the purposes and principles of the Charter and international law and to an international order based on the rule of law and international law, which is essential for peaceful coexistence and cooperation among States;

(b) Support the annual treaty event;

(c) Encourage States that have not yet done so to consider becoming parties to all treaties that relate to the protection of civilians;

(d) Call upon States to continue their efforts to eradicate policies and practices that discriminate against women and to adopt laws and promote practices that protect the rights of women and promote gender equality;

(e) Support the idea of establishing a rule of law assistance unit within the Secretariat, in accordance with existing relevant procedures, subject to a report by the Secretary-General to the General Assembly, so as to strengthen United Nations activities to promote the rule of law, including through technical assistance and capacity-building;

(f) Recognize the important role of the International Court of Justice, the principal judicial organ of the United Nations, in adjudicating disputes among States and the value of its work, call upon States that have not yet done so to consider accepting the jurisdiction of the Court in accordance with its Statute and consider means of strengthening the Court’s work, including by supporting the Secretary- General’s Trust Fund to Assist States in the Settlement of Disputes through the International Court of Justice on a voluntary basis.

Democracy

We reaffirm that democracy is a universal value based on the freely-expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. We also reaffirm that while democracies share common features, there is no single model of democracy, that it does not belong to any country or region, and reaffirm the necessity of due respect for sovereignty and the right of self-determination. We stress that democracy, development, and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing.

We renew our commitment to support democracy by strengthening countries capacity to implement the principles and practices of democracy and resolve to strengthen the capacity of the United Nations to assist the Member States upon their request. We welcome the establishment of a Democracy Fund at the United Nations. We note that the advisory board to be established should reflect diverse geographical representation. We invite the Secretary-General to help to ensure that practical arrangements for the Democracy Fund take proper account of existing United Nations activity in this field.

We invite interested Member States to give serious consideration to contributing to the Fund.

Resolution 65/1. MDG + 10 Keeping the promise: united to achieve the Millennium Development Goals (2010) (3)

  1. We also reaffirm the importance of freedom, peace, and security, respect for all human rights, including the right to development, the rule of law, gender equality and an overall commitment to just and democratic societies for development.
  1. We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained, inclusive and equitable economic growth, sustainable development and the eradication of poverty and hunger.
  1. We acknowledge that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being. We recognize that development, peace and security and human rights are interlinked and mutually reinforcing. We reaffirm that our common fundamental values, including freedom, equality, solidarity, tolerance, respect for all human rights, respect for nature and shared responsibility, are essential for achieving the Millennium Development Goals.
  1. We call on civil society, including non-governmental organizations, voluntary associations and foundations, the private sector and other relevant stakeholders at the local, national, regional and global levels, to enhance their role in national development efforts as well as their contribution to the achievement of the Millennium Development Goals by 2015, and we commit ourselves as national Governments to the inclusion of these stakeholders.
  1. We take note of the lessons learned and the successful policies and approaches in the implementation and achievement of the Millennium Development Goals and recognize that with increased political commitment these could be replicated and scaled up for accelerating progress, including by:

(e) Supporting participatory, community-led strategies aligned with national development priorities and strategies;

(i) Ensuring the full participation of all segments of society, including the poor and disadvantaged, in decision-making processes;

(j) Respecting, promoting and protecting all human rights, including the right to development;

(n) Working towards transparent and accountable systems of governance at the national and international levels;

(o) Working towards greater transparency and accountability in international development cooperation, in both donor and developing countries, focusing on adequate and predictable financial resources as well as their improved quality and targeting;

(s) Strengthening statistical capacity to produce reliable disaggregated data for better programmes and policy evaluation and formulation.

  1. We resolve to promote and strengthen national ownership and leadership of development as a key determinant of progress in achieving the Millennium Development Goals, with each country taking the primary responsibility for its own development. We encourage all countries to continue to design, implement and monitor development strategies tailored to their specific situations, including through broad consultations and participation of all relevant stakeholders, as appropriate for each national context. We call on the United Nations system and other development actors to support the design and implementation of these strategies, at the request of Member States.
  1. We stress that fighting corruption at both the national and international levels is a priority and that corruption is a serious barrier to effective resource mobilization and allocation and diverts resources away from activities that are vital for poverty eradication, the fight against hunger and sustainable development. We are determined to take urgent and decisive steps to continue to combat corruption in all of its manifestations, which requires strong institutions at all levels and urge all States that have not yet done so to consider ratifying or acceding to the United Nations Convention against Corruption13 and to begin its implementation.
  1. We recognize that the respect for and promotion and protection of human rights are an integral part of effective work towards achieving the Millennium Development Goals.
  1. We reaffirm that States should, in accordance with international law, take concerted, positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people, on the basis of equality and non-discrimination and recognizing the value and diversity of their distinctive identities, cultures, and social organization.
  1. We stress the need for adequate quantity and quality of funding for the operational activities of the United Nations development system as well as the need to make funding more predictable, effective and efficient. We also reaffirm, in this context, the importance of accountability, transparency and improved results-based management and further harmonized results-based reporting on the work of the United Nations funds and programs and the specialized agencies.
  1. We recognize that all countries require adequate, timely, reliable and disaggregated data, including demographic data, in order to design better programs and policies for sustainable development. We commit ourselves to strengthening our national statistical systems, including for effectively monitoring progress towards the Millennium Development Goals. We also reiterate the need to increase efforts in support of statistical capacity building in developing countries.

73 (h) Improving national health governance, including through the participation of civil society, the private sector and other relevant stakeholders, as well as strengthening international support, as appropriate, in order to ensure that national health systems are sustainable, well prepared and capable of responding to challenges, including crises and pandemics;

  1. We commit ourselves to accelerating progress in order to achieve Millennium Development Goal 8, including by:

(j) Implementing measures to curtail illicit financial flows at all levels, enhancing disclosure practices and promoting transparency in financial information. In this regard, strengthening national and multinational efforts to address this issue is crucial, including support to developing countries and technical assistance to enhance their capacities. Additional measures should be implemented to prevent the transfer abroad of stolen assets and to assist in the recovery and return of such assets, in particular to their countries of origin, consistent with the United Nations Convention against Corruption; 13

(v) Strengthening public-private partnerships in order to close the large gaps that remain in access to and affordability of information and communications technology across countries and income groups, including by upgrading the quality and quantity of existing telecommunication infrastructure, particularly in the least developed countries, to support more modern information and communications technology applications and greatly increase connectivity, access and investment in innovation and development and the effective use of innovative information and communications technology applications and e-governance tools; and in this regard encouraging further operationalizing of the voluntary Digital Solidarity Fund;

  • Rio-Related Declarations

Rio Declaration on Environment and Development (1992) (4)

Principle 10

Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.

Earth Summit + 5 S/19-2. “Program for the Further Implementation” of Agenda 21 (1997) (5)

  1. Economic development, social development, and environmental protection are interdependent and mutually reinforcing components of sustainable development.  Sustained economic growth is essential to the economic and social development of all countries, in particular developing countries. Through such growth, which should be broadly based so as to benefit all people, countries will be able to improve the standards of living of their people through the eradication of poverty, hunger, disease and illiteracy and the provision of adequate shelter and secure employment for all, and the preservation of the integrity of the environment.  Growth can foster development only if its benefits are fully shared.  It must therefore also be guided by equity, justice and social and environmental considerations. Development, in turn, must involve measures that improve the human condition and the quality of life itself. Democracy, respect for all human rights and fundamental freedoms, including the right to development, transparent and accountable governance in all sectors of society, as well as effective participation by civil society, are also an essential part of the necessary foundations for the realization of social and people-centered sustainable development.
  1. Sustainable development strategies are important mechanisms for enhancing and linking national capacity so as to bring together priorities in social, economic and environmental policies.  Hence, special attention must be given to the fulfillment of commitments in the areas set out below, in the framework of an integrated approach towards development, consisting of mutually reinforcing measures to sustain economic growth, as well as to promote social development and environmental protection.  Achieving sustainable development cannot be carried out without greater integration at all policy-making levels and at operational levels, including the lowest administrative levels possible. Economic sectors, such as industry, agriculture, energy, transport and tourism, must take responsibility for the impact of their activities on human well-being and the physical environment.  In the context of good governance, properly constructed strategies can enhance prospects for economic growth and employment and at the same time protect the environment.  All sectors of society should be involved in their development and implementation, as follows:
  1. Access to information and broad public participation in decision-making are fundamental to sustainable development. Further efforts are required to promote, in the light of country-specific conditions, the integration of environment and development policies, through appropriate legal and regulatory policies, instruments and enforcement mechanisms at the national, state, provincial and local levels.  At the national level, each individual should have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in the communities, and the opportunity to participate in decision-making processes.  Governments and legislators, with the support, where appropriate, of competent international organizations, should establish judicial and administrative procedures for legal redress and remedy of actions affecting environment and development that may be unlawful or infringe on rights under the law, and should provide access to individuals, groups and organizations with a recognized legal interest.  Access should be provided to effective judicial and administrative channels for affected individuals and groups to ensure that all authorities, both national and local, and other civil organizations remain accountable for their actions in accordance with their obligations, at the appropriate levels for the country concerned, taking into account the judicial and administrative systems of the country concerned.

Johannesburg Declaration on Sustainable Development (2002) (6)

  1. We recognize that sustainable development requires a long-term perspective and broad-based participation in policy formulation, decision-making and implementation at all levels. As social partners, we will continue to work for stable partnerships with all major groups, respecting the independent, important roles of each of them.
  1. We undertake to strengthen and improve governance at all levels for the effective implementation of Agenda 21, the Millennium development goals and the Plan of Implementation of the Summit.

Johannesburg Plan of Implementation of the World Summit on Sustainable Development (2002) (7)

  1. (b) Facilitate access to public information and participation, including by women, at all levels in support of policy and decision-making related to water resources management and project implementation;
  1. Each country has the primary responsibility for its own sustainable development, and the role of national policies and development strategies cannot be overemphasized. All countries should promote sustainable development at the national level by, inter alia, enacting and enforcing clear and effective laws that support sustainable development. All countries should strengthen governmental institutions, including by providing necessary infrastructure and by promoting transparency, accountability and fair administrative and judicial institutions.
  1. All countries should also promote public participation, including through measures that provide access to information regarding legislation, regulations, activities, policies, and programs. They should also foster full public participation in sustainable development policy formulation and implementation. Women should be able to participate fully and equally in policy formulation and decision-making.

Rio + 20 The Future We Want (2012) (8)

  1. We acknowledge that democracy, good governance and the rule of law, at the national and international levels, as well as an enabling environment, are essential for sustainable development, including sustained and inclusive economic growth, social development, environmental protection and the eradication of poverty and hunger. We reaffirm that to achieve our sustainable development goals we need institutions at all levels that are effective, transparent, accountable and democratic.
  1. We underscore that broad public participation and access to information and judicial and administrative proceedings are essential to the promotion of sustainable development. Sustainable development requires the meaningful involvement and active participation of regional, national and subnational legislatures and judiciaries, and all major groups: women, children and youth, indigenous peoples, non-governmental organizations, local authorities, workers and trade unions, business and industry, the scientific and technological community, and farmers, as well as other stakeholders, including local communities, volunteer groups and foundations, migrants and families as well as older persons and persons with disabilities. In this regard, we agree to work more closely with the major groups and other stakeholders and encourage their active participation, as appropriate, in processes that contribute to decision-making, planning and implementation of policies and programs for sustainable development at all levels.
  1. We acknowledge the role of civil society and the importance of enabling all members of civil society to be actively engaged in sustainable development. We recognize that improved participation of civil society depends upon, inter alia, strengthening access to information and building civil society capacity and an enabling environment. We recognize that information and communications technology is facilitating the flow of information between governments and the public. In this regard, it is essential to work towards improved access to information and communications technology, especially broadband networks and services, and bridge the digital divide, recognizing the contribution of international cooperation in this regard.
  1. We underscore the importance of a strengthened institutional framework for sustainable development, which responds coherently and effectively to current and future challenges and efficiently bridges gaps in the implementation of the sustainable development agenda. The institutional framework for sustainable development should integrate the three dimensions of sustainable development in a balanced manner and enhance implementation by, inter alia, strengthening coherence, coordination, avoiding duplication of efforts and reviewing progress in implementing sustainable development. We also reaffirm that the framework should be inclusive, transparent and effective and that it should find common solutions related to global challenges to sustainable development.
  1. We recognize that effective governance at the local, subnational, national, regional and global levels representing the voices and interests of all are critical for advancing sustainable development. The strengthening and reform of the institutional framework should not be an end in itself, but a means to achieve sustainable development. We recognize that an improved and more effective institutional framework for sustainable development at the international level should be consistent with the Rio Principles, build on Agenda 21 and the Johannesburg Plan of Implementation and its objectives on the institutional framework for sustainable development, contribute to the implementation of our commitments in the outcomes of United Nations conferences and summits in the economic, social, environmental and related fields and take into account national priorities and the development strategies and priorities of developing countries. We therefore resolve to strengthen the institutional framework for sustainable development, which will, inter alia:

(d) Enhance coherence, reduce fragmentation and overlap and increase effectiveness, efficiency and transparency, while reinforcing coordination and cooperation;

(g) Promote the science-policy interface through inclusive, evidence-based and transparent scientific assessments, as well as access to reliable, relevant and timely data in areas related to the three dimensions of sustainable development, building on existing mechanisms, as appropriate; in this regard, strengthen participation of all countries in international sustainable development processes and capacity-building especially for developing countries, including in conducting their own monitoring and assessments;

(h) Enhance the participation and effective engagement of civil society and other relevant stakeholders in the relevant international forums and in this regard promote transparency and broad public participation and partnerships to implement sustainable development;

  1. Other Related UNGA Resolutions
  1. Resolution 41/128. Declaration on the Right to Development (1986) (9)

Concerned at the existence of serious obstacles to development, as well as to the complete fulfillment of human beings and of peoples, constituted, inter alia, by the denial of civil, political, economic, social and cultural rights, and considering that all human rights and fundamental freedoms are indivisible and interdependent and that, in order to promote development, equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights and that, accordingly, the promotion of, respect for and enjoyment of certain human rights and fundamental freedoms cannot justify the denial of other human rights and fundamental freedoms,

Article 2

  1. The human person is the central subject of development and should be the active participant and beneficiary of the right to development.
  1. All human beings have a responsibility for development, individually and collectively, taking into account the need for full respect for their human rights and fundamental freedoms as well as their duties to the community, which alone can ensure the free and complete fulfillment of the human being, and they should, therefore, promote and protect an appropriate political, social and economic order for development.
  1. States have the right and the duty to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom.

Article 6

  1. All States should co-operate with a view to promoting, encouraging and strengthening universal respect for and observance of all human rights and fundamental freedoms for all without any distinction as to race, sex, language or religion.
  1. All human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent consideration should be given to the implementation, promotion, and protection of civil, political, economic, social and cultural rights.
  1. States should take steps to eliminate obstacles to development resulting from failure to observe civil and political rights, as well as economic, social and cultural rights.

Article 8

  1. States should encourage popular participation in all spheres as an important factor in the development and in the full realization of all human rights.
  1. Resolution 50/225. Public administration and development (1996) (10)

Recognizing that effectiveness of government requires an efficient and effective public administration in all countries that is responsive to the needs of the people, promotes social justice, ensures universal access to quality services and productive assets and creates an enabling environment for sustainable people-centered development,

Reaffirming the importance of enhancing the quality of public administration based, inter alia, on the participatory approach to development,

  1. Reaffirms that democracy and transparent and accountable governance and administration in all sectors of society are indispensable foundations for the realization of social and people-centered sustainable development;
  1. Underlines the importance of transparent and accountable governance and administration in all public and private national and international institutions;
  1. Reaffirms that Governments in all countries should promote and protect all human rights and fundamental freedoms, including the right to development, bearing in mind the interdependent and mutually reinforcing relationship between democracy, development and respect for human rights, and should make public institutions more responsive to people’s needs;
  1. Resolution 59/185. The right to development (2004) (11)
  1. Stresses the importance of the core principles contained in the conclusions of the Working Group at its third session, congruent with the purpose of international human rights instruments, such as equality, non-discrimination, accountability, participation and international cooperation, as critical to mainstreaming the right to development at the national and international levels, and underlines the importance of the principles of equity and transparency;
  1. Also reaffirms that the realization of the right to development is essential to the implementation of the Vienna Declaration and Programme of Action, 1 which regards all human rights as universal, indivisible, interdependent and interrelated, places the human person at the center of development and recognizes that, while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights;
  1. Also recognizes that good governance and the rule of law at the national level assist all States in the promotion and protection of human rights, including the right to development, and agrees on the value of the ongoing efforts being made by States to identify and strengthen good governance practices, including transparent, responsible, accountable and participatory government, that are responsive and appropriate to their needs and aspirations, including in the context of agreed partnership approaches to development, capacity-building and technical assistance;
  1. Emphasizes the urgent need for taking concrete measures to fight against all forms of corruption at the national and international levels, to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery, stresses the importance of a genuine political commitment on the part of all Governments through a firm legal framework, and in this context urges States to sign and ratify as soon as possible, and States parties to implement effectively, the United Nations Convention against Corruption;10
  1. Resolution 64/172. The right to development (2010) (12)

Also recognizes that good governance and the rule of law at the national level assist all States in the promotion and protection of human rights, including the right to development, and agrees on the value of the ongoing efforts being made by States to identify and strengthen good governance practices, including transparent, responsible, accountable and participatory government, that are responsive and appropriate to their needs and aspirations, including in the context of agreed partnership approaches to development, capacity-building and technical assistance;

  1. Emphasizes the urgent need for taking concrete and effective measures to prevent, combat and criminalize all forms of corruption at all levels, to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery, consistent with the principles of the United Nations Convention against Corruption, 18 particularly chapter V thereof, stresses the importance of a genuine political commitment on the part of all Governments through a firm legal framework, and in this context urges States to sign and ratify the Convention as soon as possible and States parties to implement it effectively;

Resolution 66/209. Promoting the efficiency, accountability, effectiveness and transparency of public administration by strengthening supreme audit institutions (2011) (13)

Emphasizing also that efficient, accountable, effective and transparent public administration has a key role to play in the implementation of the internationally agreed development goals, including the Millennium Development Goals,

Resolution 67/1. Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels   (2012) (14)

  1. We are convinced that the rule of law and development are strongly interrelated and mutually reinforcing, that the advancement of the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger and the full realization of all human rights and fundamental freedoms, including the right to development, all of which in turn reinforce the rule of law, and for this reason we are convinced that this interrelationship should be considered in the post-2015 international development agenda.
  1. We recognize the importance of national ownership in rule of law activities, strengthening justice and security institutions that are accessible and responsive to the needs and rights of all individuals and which build trust and promote social cohesion and economic prosperity.
  1. We reaffirm the principle of good governance and commit to an effective, just, non-discriminatory and equitable delivery of public services pertaining to the rule of law, including criminal, civil and administrative justice, commercial dispute settlement and legal aid.

Resolution 68/116. The rule of law at the national and international levels (2013) (15)

Convinced that the advancement of the rule of law at the national and international levels is essential for the realization of sustained economic growth, sustainable development, the eradication of poverty and hunger and the protection of all human rights and fundamental freedoms, and acknowledging that collective security depends on effective cooperation, in accordance with the Charter and international law, against transnational threats,

  1. Stresses the importance of adherence to the rule of law at the national level and the need to strengthen support to Member States, upon their request, in the domestic implementation of their respective international obligations through enhanced technical assistance and capacity-building;

Resolution 68/158. The right to development (2013)

  1. Also recognizes that good governance and the rule of law at the national level assist all States in the promotion and protection of human rights, including the right to development, and agrees on the value of the ongoing efforts being made by States to identify and strengthen good governance practices, including transparent, responsible, accountable and participatory government, that are responsive and appropriate to their needs and aspirations, including in the context of agreed partnership approaches to development, capacity-building and technical assistance;
  1. Emphasizes the urgent need for taking concrete and effective measures to prevent, combat and criminalize all forms of corruption at all levels, to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery, consistent with the principles of the United Nations Convention against Corruption, particularly chapter V thereof, stresses the importance of a genuine political commitment on the part of all Governments through a firm legal framework, and in this context urges States to sign and ratify the Convention as soon as possible and States parties to implement it effectively;

Resolution 68/175. Promotion of a democratic and equitable international order (2013) (16)

Recognizing that democracy, respect for all human rights, including the right to development, transparent and accountable governance and administration in all sectors of society and effective participation by civil society are an essential part of the necessary foundations for the realization of social and people-centered sustainable development,

Resolution 68/188. The rule of law, crime prevention and criminal justice in the United Nations development agenda beyond 2015 (2013) (17)

Reiterating that the advancement of the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger and the full realization of all human rights and fundamental freedoms, including the right to development, all of which in turn reinforce the rule of law,

Bearing in mind that the rule of law includes fostering respect for a rule of law culture and the legislative, executive and judicial institutions needed to make and administer effective laws, and fostering trust and confidence that law-making will be responsive to the concerns and needs of the population and that the administration of law will be just, efficient and transparent,

Concerned by urban crime, acknowledging the need for stronger coordination between security and social policies, with a view to addressing the root causes of urban crime, and recognizing the direct relevance of urban safety as a prerequisite to sustainable urban development and the attainment of the Millennium Development Goals,

Convinced that the rule of law and development are strongly interrelated and mutually reinforcing and that crime prevention and criminal justice elements that support the rule of law should therefore be considered in implementing the post-2015 international development agenda,

  1. Underscores that the post-2015 development agenda should be guided by respect for and promotion of the rule of law, and that crime prevention and criminal justice have an important role in that regard;
  1. Urges Member States providing development assistance, in particular to countries emerging from conflict, to increase their assistance in the areas of crime prevention and criminal justice, and recommends that such assistance could, upon request, include elements relating to strengthening the rule of law;
  1. Also stresses that institutions of governance and the judicial system should be gender-sensitive and that the full participation of women needs to be promoted;

Resolution 68/204. Follow-up to the International Conference on Financing for Development (2013) (18)

  1. Reaffirms that good governance and advancement of the rule of law at all levels are essential for the realization of sustained economic growth, sustainable development and the eradication of poverty and hunger, and hence reaffirms the importance of the implementation of the commitment to sound policies;
  1. Recalls that the ongoing fight against corruption at all levels is a priority, reaffirms the need to take urgent and decisive steps to continue to combat corruption in all its manifestations in order to reduce obstacles to effective resource mobilization and allocation and to prevent the diversion of resources away from activities that are vital for development, recalls that this requires strong institutions at all levels, including, in particular, effective legal and judicial systems and enhanced transparency, recognizes the efforts and achievements of developing countries in this regard, notes the increased commitment of States that have already ratified or acceded to the United Nations Convention against Corruption,14 and in this regard urges all States that have not yet done so to consider ratifying or acceding to the Convention;
  1. Reaffirms the importance of implementing measures to curtail illicit financial flows at all levels, enhance disclosure practices and promote transparency in financial information, and in this regard notes that strengthening national and multinational efforts to address this issue is crucial, including through support and technical assistance to developing countries to enhance their capacities;

Resolution 69/123. The rule of law at the national and international levels (2014) (19)

Convinced that the advancement of the rule of law at the national and international levels is essential for the realization of sustained economic growth, sustainable development, the eradication of poverty and hunger and the protection of all human rights and fundamental freedoms, and acknowledging that collective security depends on effective cooperation, in accordance with the Charter and international law, against transnational threats,

Convinced that the promotion of and respect for the rule of law at the national and international levels, as well as justice and good governance, should guide the activities of the United Nations and its Member States,

Recalling paragraph 134 (e) of the 2005 World Summit Outcome, 1

Resolution 69/195. Rule of law, crime prevention and criminal justice in the United Nations development agenda beyond 2015 (2014)

Strongly determined to reinvigorate political will and to raise the level of the international community’s commitment to moving the sustainable development agenda forward, through the achievement of the internationally agreed development goals, including the Millennium Development Goals,

Reiterating that the rule of law and development are interrelated and mutually reinforcing and that the advancement of the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger and the full realization of all human rights and fundamental freedoms, including the right to development, all of which in turn reinforce the rule of law,

Concerned about the serious threat that violence related to transnational organized crime poses to development and the rule of law, security and well-being of communities, hindering the achievement of the Millennium Development Goals by reducing national income and productivity, diverting investment and rolling back hard-won development gains, and recognizing that comprehensive crime prevention strategies can contribute to addressing those challenges effectively,

  1. Recognizes the crosscutting nature of the rule of law, crime prevention and criminal justice and development, and recommends that such linkages and interrelationships be properly addressed and further elaborated;
  1. Underscores that the discussions on the post-2015 development agenda should take into account respect for and promotion of the rule of law and that crime prevention and criminal justice have an important role in that regard, giving due consideration to the work of the Commission on Crime Prevention and Criminal Justice in order to channel, as appropriate, its contribution to the discussions on the post-2015 development agenda, in close consultation with all relevant stakeholders;
  1. Encourages Member States, in their deliberations on the post-2015 development agenda, to give due consideration to the rule of law, crime prevention and criminal justice, while promoting universal respect for human rights and strengthening relevant national institutions;
  1. Welcomes the efforts of the United Nations Office on Drugs and Crime to assist Member States in improving systems for collecting and analyzing data on crime prevention and criminal justice at all levels, where necessary, including gender-specific data, in order to contribute, where appropriate, to the post-2015 development agenda;

Resolution 69/204. Information and communications technologies for development (2014) (20)

Reaffirming the need to more effectively harness the potential of information and communications technologies to promote the achievement of the internationally agreed development goals, including the Millennium Development Goals, through sustained, inclusive and equitable economic growth and sustainable development,

Noting the references to information and communications technologies contained in the proposals of the Open Working Group on Sustainable Development Goals,

Recognizing further the fact that information and communications technologies are critical enablers of economic development and investment, with consequential benefits for employment and social welfare, and that the increasing pervasiveness of information and communications technologies within society has had profound impacts on the ways in which Governments deliver services, businesses relate to consumers and citizens participate in public and private life,

Reaffirming paragraphs 4, 5 and 55 of the Declaration of Principles adopted in Geneva in 2003, and recognizing that freedom of expression and the free flow of information, ideas and knowledge are essential for the information society and are beneficial to development,

  1. Recognizes that information and communications technologies have the potential to provide new solutions to development challenges, particularly in the context of globalization, and can foster sustained, inclusive and equitable economic growth and sustainable development, competitiveness, access to information and knowledge, poverty eradication and social inclusion that will help to expedite the integration of all countries, especially developing countries, in particular the least developed countries, into the global economy;

Recognizes the urgent need to harness the potential of knowledge and technology, and in this regard encourages the United Nations development system to continue its efforts to promote the use of information and communications technologies as a critical enabler of development and a catalyst for the achievement of the internationally agreed development goals, including the Millennium Development Goals;

Notes

David Banisar is a Senior Legal Counsel at ARTICLE 19. He has worked in the field of information policy for over 20 years and was previously Director of the Freedom of Information Project at Privacy International. He has authored books, studies and articles on freedom of information, freedom of expression, media policy, whistleblowing, communications security and privacy. He has also served as an advisor and consultant to numerous organizations, including the Council of Europe, the Organisation for Security and Co-operation in Europe, the UN Development Programme and the Open Society Institute.

Banisar was a research fellow at the Kennedy School of Government at Harvard University and Policy Director of the Electronic Privacy Information Center in Washington, DC. He has a Juris Doctor in law and public policy from The Columbus School of Law, at The Catholic University of America in Washington, DC.

 

 

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