A/HRC/50/60 marginalized communities and low-income countries leads to unequal health outcomes. It urged States to meet Sustainable Development Goal target 3.A, which calls on the international community to implement the WHO Framework Convention on Tobacco Control.111 67. The Refugee Law Lab reported that the continuing development of new surveillance and border-enforcement tools has implications for the implementation of nearly all of the Sustainable Development Goals due to the violent, abusive and opaque application of new technologies to migrants, refugees and asylum seekers. 112 68. In sum, notwithstanding the rallying cry of the 2030 Agenda to “leave no one behind”, closer examination of its implementation reveals a failure to elevate concerns of racial justice, equality and non-discrimination to the requisite level of priority. III. International human rights law applicable to the development framework and the 2030 Agenda for Sustainable Development 69. Both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights enshrine the right to self-determination of peoples and codify the principle of non-discrimination, guaranteeing equality in the exercise of civil, political, economic, social and cultural rights.113 70. The most comprehensive prohibition of racial discrimination is found in the International Convention on the Elimination of All Forms of Racial Discrimination. In article 1 (1) of the Convention, racial discrimination is defined as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. 71. The racial equality guaranteed by the international human rights framework is substantive. States must combat intentional or direct racial discrimination as well as de facto or indirect racial discrimination.114 72. Accordingly, discrimination and inequality in any of the Sustainable Development Goal indicators on the grounds of race, colour, descent, or national or ethnic origin may rise to the threshold of prohibited racial discrimination under the International Convention on the Elimination of All Forms of Racial Discrimination and violate the provisions of international human rights law. 73. The right to development is a reconceptualization of development in terms of human rights obligations, guaranteeing both a right to social and economic progress and the realization of all other human rights through self-determination and equal sovereignty. The Declaration on the Right to Development states that the right of peoples to self-determination includes the exercise of their inalienable right to full sovereignty over all their natural wealth and resources. It further articulates the following duties in the context of the international development framework: “States have the duty to cooperate with each other in ensuring development and eliminating obstacles to development. States should realize their rights and fulfil their duties in such a manner as to promote a new international economic order based on sovereign equality, interdependence, mutual interest and cooperation among all States, as well as to encourage the observance and realization of human rights.” The right to development “implies the full realization of the right of peoples to self-determination”,115 111 112 113 114 115 16 Submission by Action on Smoking and Health. Submission by Refugee Law Lab. International Covenant on Economic, Social and Cultural Rights, art. 2 (2), and the International Covenant on Civil and Political Rights, art. 2 (1). Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), paras. 6–7. Declaration on the Right to Development, art. 1(2).

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