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Opinion

The legal parameter of the right to development


Published : 27 Feb 2024 08:55 PM

Recent focus on corruption and many other mal-practices within the socio-economic paradigm has persuaded economists and social scientists to re-visit the challenges being faced in the arena of successful development as envisaged within the goals set forth earlier through the MDGs and now through the SDGs. Analysts have now come to the general conclusion that the Right to Development is an indivisible and interdependent, interrelated and mutually inclusive individual and collective right, which belongs to all individuals and peoples in all countries without discrimination on any grounds.

Consequently, it was interesting to know that the Organization of Islamic Conference States had agreed to undertake coordinated and accelerated actions in this regard in accordance with the commitments made in the revised OIC Charter and the 2nd Ten Year Plan of Action 2025 to reduce corruption, promote human rights and fundamental freedoms, good governance, rule of law, democracy and accountability within Member countries. The OIC Secretary General has also correctly observed that the inability among many Member States of the OIC to put an end to the problem is presenting itself as an obstacle towards achieving good governance, sustainable development and reduction of poverty.

Subsequently the OIC-Independent Permanent Human Rights Commission at its 15th Session, reaffirmed the (a) importance of fighting against corruption, which not only seriously undermines but also adversely affects people’s human rights including prospective Right to Development, (b) importance of good governance and meaningful participation of all segments of society towards realization of the Right to Development policies; (c) need to engage the private sector in the realization of the Right to Development through innovative public-private partnerships; and (d) the importance of international cooperation / reforming the global financial governance structure in accordance with the present day realities.

It may be recalled that the Right to Development was first recognized in 1981 in Article 22 of the African Charter on Human and People’s Rights as a definitive individual and collective right. This Article provides that: "All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind." Subsequently, the Right to Development was proclaimed by the United Nations in 1986 in the "Declaration on the Right to Development," which was adopted by the United Nations General Assembly through resolution 41/128. This clarified that the Right to Development is a Group right of peoples as opposed to an individual right. This was later reaffirmed by the 1993 Vienna Declaration and Programme of Action. It is this aspect that requires one to also refer to the Vienna Declaration and Programme of Action where Article 10 underlines Right to Development, as a universal and inalienable right and an integral part of fundamental human rights.

This means that States should cooperate with each other in ensuring development and eliminating obstacles to development. The international community should also promote effective international cooperation for the realization of the right to development and the elimination of obstacles to development. Lasting progress towards the implementation of the Right to Development would consequently require effective development policies at the national level, as well as equitable economic relations and a favorable economic environment at the international level.

It would also be pertinent at this point to refer to two other Declarations-

(a) The Rio Declaration on Environment and Development which recognizes the right to development as one of its 27 principles. In fact Principle 3 of the Declaration states "The right to development" must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations" and

(b) Article 23 of the Declaration on the Rights of the Indigenous Peoples recognizes their right to development as an indigenous peoples' right.

As such, in the arena of development – be it in a developed country, developing country or in a least developed country- Right to Development must not be politicized or be partial in approach in determination of priority.

As the MDG era came to an end, 2015 marked the year that the United Nations General Assembly adopted a new agenda for development. Succeeding the MDG agenda, 17 Sustainable Development Goals (SDGs) were created, with 169 indicators. 

UN Resolution 70/1 adopted on September 25, 2015 was titled "Transforming our world: the 2030 Agenda for Sustainable Development", solidifying 17 new goals that had been in motion since 2014. The goals came into force in January 2016, focusing on areas of climate change, economic inequality, democracy, poverty, and peace building.

Although the SDGs were built on the foundation of the MDGs, there are some key differences in both processes. Before adoption, unlike the MDGs, the SDGs had been in discussion for months, involving civil society actors, NGOs, as well as an opening summit involving intergovernmental negotiations. This new global development agenda places a greater emphasis on collective action, combining the efforts of multiple stakeholders to increase the sustainability of the goals. This emphasis on sustainability has also led to more cross-sector partnerships, and combined international efforts across areas of environmental, social, cultural, political, educational and economic development.

Bangladesh has been taking the meeting of the SDGs seriously. We are moving forward. However, at the same time it has been noted by analysts that there are areas where our functional equation for sustainable development requires not only greater strengthening of engagement with other regional institutions but also wider skill development and better regulatory governance. This will encourage foreign direct investment and help Bangladesh to rid itself of poverty and move faster up the socio-economic ladder towards being a developed country.

We must also remember that development is not simply about economic growth. It is also about giving people the ability to live their lives to the fullest potential.


Muhammad Zamir, a former Ambassador, is an analyst specialized in foreign affairs, right to information and good governance, can be reached at 

muhammadzamir0@gmail.com