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

Select target paragraph3