A/HRC/50/60
which includes “the right freely to determine their political status and to pursue their
economic, social and cultural development”.116
74.
Article 5 of the Declaration on the Right to Development articulates the State duty to
“take resolute steps to eliminate the massive and flagrant violations of the human rights of
peoples and human beings affected by situations such as […] racism and racial discrimination
…”; article 8 calls for the fair distribution of income in the context of “economic and social
reforms” and holds that States “shall ensure, inter alia, equality of opportunity for all in their
access to basic resources, education, health services, food, housing, employment and the fair
distribution of income”.
75.
With respect to the right to development and international human rights obligations to
combat racism, the Special Rapporteur calls special attention to the forthcoming thematic
study on this topic by the Expert Mechanism on the Right to Development.
76.
The International Labour Organization (ILO) Indigenous and Tribal Peoples
Convention, 1989 (No. 169) lays out vital groundwork for protecting the self-determination
rights of indigenous peoples, with significant relevance for development projects. The
Convention establishes, in article 6, the principle of free, informed and prior consent. The
United Nations Declaration on the Rights of Indigenous Peoples also recognizes this
principle, holding that “States shall consult and cooperate in good faith with the indigenous
peoples concerned through their own representatives”.117
77.
The Durban Programme of Action lays out several international commitments
towards the eradication of poverty and underdevelopment linked to racism, including to the
development of racially marginalized groups, for example “programmes for the social and
economic development of [developing countries] and the [African] Diaspora, within the
framework of a new partnership based on the spirit of solidarity and mutual respect”.
78.
In addition to the above analysis, the Special Rapporteur incorporates, by way of
reference, the legal analysis in her reports on the global extractivism economy, reparations
and the Durban Declaration and Programme of Action.118
IV. Decolonization and development: towards a more just future
79.
The Special Rapporteur concludes that the 2030 Agenda fails to fundamentally disrupt
the overall dynamic of racially discriminatory underdevelopment that is embedded within the
global economic system and the international development framework. Racial justice,
equality and non-discrimination are not compatible with economic structures that continue
to privilege and benefit so-called “developed” countries, their corporations and elites in
“underdeveloped” nations at the expense of “underdeveloped” nations and the vast majority
of their populations.
80.
The 2030 Agenda is premised on economic and financial approaches that are facing
warranted backlash because of the inequalities they perpetuate and the cataclysmic
environmental consequences they inflict. As noted by the Special Rapporteur in a previous
report, the existing global economy for natural resource extraction is, according to scientific
consensus, environmentally unsustainable119 and the environmental protections proposed in
the 2030 Agenda cannot meaningfully transform the extractivism economy. As highlighted
by one expert, in some instances, the advancement of Sustainable Development Goal 13
(combat climate change and its impacts) has meant that “many so-called climate adaptation
policies around the world are simply reproducing marginalization (and discrimination)
against those who are already suffering the worst effects of climate change”.120
81.
On one hand, the Washington Consensus has been the subject even of mainstream
criticisms for its devastating impacts on “underdeveloped” countries. However, at the same
116
117
118
119
120
Ibid., preamble.
General Assembly resolution 61/295, annex, arts. 10, 19, 28, 29 and 32.
A/HRC/41/54, A/74/321 and A/76/434.
A/HRC/41/54, para. 20.
Emily Yeh, expert statement, 15 March 2022.
17