Reflections on Human Rights Today
Amnesty International 30 May 2007
Development and
Human Rights
Dr Su-ming Khoo
Dept of Political Science and Sociology
NUI Galway
s.khoo@nuigalway.ie
www.nuigalway.ie/dern
Synopsis

Development and rights
The Human Right To Development
 RTD is contested, but has core value
 Indivisibility - a historic obligation
 What RTD emphasises
the human person, participation,non-discrimination,
substantive processes, tools
 Further reading

Development and rights

Cold War divisions undermine UDHR

The Empire of Liberty vs. the Empire of Justice

HR in the West ideologically distanced from
economic and social rights despite welfare state
consensus

“Economic Development” as a Cold War strategy
Economism of development

Seers (1969) the meaning of development

Critique of economism (means and ends)

Turn to humanism and ethics

Development of WHAT?
Countries? Peoples? Persons?

Postcolonialism – self-determination, collective rights,
international obligations (Bandung 1955, NIEO 1974)

Sen (1993, 1999) Human functionings, capabilities,

Freedoms
Development – a tall order

A process of economic growth, expanding
output and employment

Institutional transformation and technological
progress of a country

“…that steadily improves the well-being of all
people” (E/CN.4/2004/WG.18/2)
Definition of the human right
to development

a right to “a particular process of development in which
all human rights and fundamental freedoms can be fully realized”

Emphasises rights-based (non-discriminatory) access to
goods/services corresponding to the realization of
different rights
First proposed by Keba M’Baye 1972,

Working Group est. 1981 – influences African Charter

1986 UN Declaration on Right to Development

Open ended WG + Ind. Expert 1998

Reaffirmed Vienna 1993, Millennium Declaration 2000 etc.
The human right to
development does NOT…

Provide a legally binding obligation on the
part of developed countries to provide
development assistance

OR Constitute a new human right that
“trumps” other existing rights
The human right to
development DOES

Take the global partnerships approach (MDG8)
further and ground it in human rights

Encourage us to critically evaluate globalization
and understand its impact on human rights

Underline the responsibility and accountability
of governments, donors, recipients, IMF/WB/WTO
RTD is contested 1

Developed countries disagree that they have
a legal obligation to provide assistance

Developing countries feel they have a right
to development assistance due in part to
legacy of colonialism/ neocolonialism

Contesting development/ globalisation
Decolonization

‘The concerns of decolonized states were
translated into demands for greater recognition
of economic, social and cultural rights,
international recognition that colonialism and
neocolonialism were gross violations of
international human rights law, and the push to
recognize development cooperation as an
obligation owed by former colonial powers,
rather than as an act of charity’ (Orford, 1991: 131)
RTD is contested 2

Fear of RTD as “trumps”?

Emphasis on communities, not individuals a dangerous
“…delusion of well-meaning optimists” (Donnelly 1985:489)

“…something of a mantra for states seeking to
justify the privileging of economic development over human
rights and to legitimize repressive or authoritarian policies”
(Orford 2001: 132)

Repressive “Asian developmentalism” (Ghai 1994)

RTD emphasises interdependence and indivisibility
RTD’s core focus

The human person is the central subject of
development and should be the active participant
and beneficiary of the right to development

The State is only an agent through which
individual rights are asserted vis-à-vis the
international community (Alston 1994:512)
RTD as ends and process

Other rights are ends, process is the means

“the right of people to…improved realization
of different human rights, as well as the right
to the process itself”

Requires resources – goods and services

Duty bearers are primarily States, but also
the international community
I saw the angel in the marble and
carved until I set him free.
Michelangelo
Sources
Alston, P (1985) The Shortcomings of a Garfield the Cat Approach to the Right to Development
California Western International Law Journal 510
Baxi, U ‘The Development of the Right to Development’ in J. Symonides Ed.
Bedjaoui, M ‘The Right to Development’
Ghai, (1994) ‘Human rights and Governance: The Asia Debate’ 15 Australian Year
Book of International Law 1
M’Baye, K. (1972) ‘Le droit au développement comme un droit de l’homme’ Revue des droit de
l’homme 1972 503
Orford, Anne (2001) Globalization and the Right to Development in P. Alston (ed)
People’s Rights OUP
Piron, Laure-Hélène (2002) ‘The Right to Development: A review of the Current State of the Debate
For DFID’ http://www.odi.org.uk/pppg/publications/papers_reports/dfid/issues/rights/right_to_dev.pdf