A/HRC/50/60
and plunder”. 41 After its introduction, the “right to development” was widely used to
advocate for economic justice and human rights in both collective and individual terms.42
26.
The Declaration on Social Progress and Development, adopted by the General
Assembly in 1969, mandated the elimination of all forms of inequality, exploitation of
peoples and individuals, colonialism and racism, including Nazism and apartheid, and all
other policies and ideologies opposed to the purposes and principles of the United Nations. 43
The Charter of Economic Rights and Duties of States, affirming State sovereignty over
economic, political, social and cultural systems, was adopted by the General Assembly in
1974.44
27.
These demands for economic justice culminated in the adoption of the Declaration on
the Establishment of a New International Economic Order by the General Assembly in
1974,45 in which it was recognized that political independence through decolonization had
not translated to economic independence because the post-war economic order had continued
the exploitation of the global South.46 In 2016, the Assembly once again “reaffirmed that
national development efforts need to be supported by an enabling international economic
environment, including coherent and mutually supporting world trade, monetary and
financial systems and strengthened and enhanced global economic governance, as well as by
respect for each country’s policy space”.47
28.
Despite the new vision of development and economic equality offered by newly
decolonized nations, “none of the major new international economic order initiatives were
realized”.48 The eventual adoption of the Declaration on the Right to Development in 1986,49
which resuscitated several of the decolonial and anti-racist commitments of the Declaration
on the Establishment of the New International Economic Order, did little to abate the failure
of the movement. The ultimate result, as noted by one expert, was that the Bretton Woods
institutions essentially universalized the mandate system, 50 at least insofar as they
institutionalized a system wherein “developed” countries, the successors of colonial States,
sit at the top of the economic hierarchy and intervene on their own terms in the economic,
political and social systems of “underdeveloped” nations and indigenous peoples.51
B.
Role of the development framework in underdevelopment
29.
In the Durban Declaration, the international community reiterated that persisting
colonial legacies of racial and ethnic inequality are manifested in economic and social
conditions. 52 The Durban Declaration also recognized that racism, racial discrimination,
xenophobia and related intolerance remain causes of underdevelopment. 53 The Special
Rapporteur has identified, for example, how the global extractivism economy perpetuates the
inequalities of the colonial era and relies upon models of extraction that produce systemic
human rights abuses.54 This economy reproduces conditions of underdevelopment, while at
41
42
43
44
45
46
47
48
49
50
51
52
53
54
8
James Thuo Gathii, “Africa and the radical origins of the Right to Development”, Third World
Approaches to International Law Review, vol. 1 (2020), p. 29.
Ibid.
General Assembly resolution 2542(XXIV), article 2 (a).
General Assembly resolution 3281(XXIX).
General Assembly resolution 3201(S-VI).
Mohammed Bedjaoui, Towards a New International Economic Order (New York, Holmes & Meier
Publishers Inc, 1979), p. 12.
General Assembly resolution 71/236, para. 5.
Antony Anghie, “Legal aspects of the New International Economic Order”, Humanity: An
International Journal of Human Rights, vol. 6, Issue No. 1 (March 2015), p. 433.
General Assembly resolution 41/128.
Antony Anghie, Imperialism, Sovereignty and the Making of International Law (Cambridge, United
Kingdom, Cambridge University Press, 2005), p. 192.
Sundhya Pahuja, Decolonising International Law: Development, Economic Growth and the Politics
of Universality (Cambridge, United Kingdom, Cambridge University Press, 2011), p. 3.
See Durban Declaration (A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I), para. 14.
Ibid., para. 19.
A/HRC/41/54, para. 5.