Right to Development

A discussion on its contents and applications

“Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights include the right
to life and liberty, freedom from slavery and torture,
freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these
rights, without discrimination,” according to the United
Nations.

The International Bill of Human Rights comprises of the

following
• The Universal Declaration of Human Rights
• The International Covenant on Civil and Political Rights
and its two Optional Protocols
• The International Covenant on Economic, Social and
Cultural Rights and its two Optional Protocols
The Right the development was conceived in the year 1986,
by the United Nations General Assembly with an
overwhelming majority.

“Everyone is entitled to participate in, contribute to, and

enjoy economic, social, cultural and political development,
in which all human rights and fundamental freedoms can
be fully realized.”
– the groundbreaking UN Declaration on the Right to
Development proclaimed in 1986 that development is a
right that belongs to everyone.
It is true to the meaning and the purpose of
rights:
The Right to Development is aimed at bringing about a general
equality which can manifest in the day-to-day workings of people, and
at abridging the disparity. Development is a comprehensive economic,
social, cultural and political process, which aims at the constant
improvement of the well-being of the entire population and of all
individuals on the basis of their active, free and meaningful
participation in development and in the fair distribution of benefits
resulting therefrom.
The word “right” means entitlement of people as people; and is an
instrument of giving humans the potential for developing themselves
and realizing their fullest potential.
Thus, it can be said that the Right to Development is a subsidiary which
helps in creating a conducive environment for the other rights to prevail
in the society.
It belongs to everyone:
Like all human rights, the right to development belongs to everyone,
individually and collectively, with no discrimination and with their
participation. The Declaration recognizes the right to self-determination
and to full sovereignty over natural wealth and resources.
The pursuit of economic growth is not an end in itself. The right to
development puts people at the centre of the development process,
which aims to improve “the well-being of the entire population and of
all individuals on the basis of their active, free and meaningful
participation in development and in the fair distribution” of the resulting
benefits.
The right promotes universal respect for and observance of human
rights and fundamental freedoms for all without distinction of any kind
such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status
The year 2011 marks the Declaration’s 25th anniversary. Yet many
children, women and men – the very subjects of development – still live
in dire need of the fulfilment of their entitlement to a life of dignity,
freedom and equal opportunity. This directly affects the realization of a
wide range of civil, political, economic, social and cultural rights.
It aims at the creation of an egalitarian
society:
The world is separated into various groups and subgroups for a variety
of reasons. It appears that the centuries old perception of different
groups of people has not changed, even in this advanced age, and
after so many movements and crusades against this isolation. This
division is malicious as it acts as a hinderance in the path of creation of
equal opportunities for all; and in turn, acts as a harbinger of a hostile
environment for the fulfillment of other rights, and better conditions.
The Right to Development aims elimination of the massive and flagrant
violations of the human rights of the peoples and individuals affected
by situations such as those resulting from colonialism, neo-colonialism,
apartheid, all forms of racism and racial discrimination, foreign
domination and occupation, aggression and threats against national
sovereignty, national unity and territorial integrity and threats of war
would contribute to the establishment of circumstances propitious to
the development of a great part of mankind.
It is a reminder of the affairs the world needs to
get in order:
It is high time for the acknowledgement of the existence of serious
obstacles to development, as well as to the complete fulfilment of
human beings and of peoples, constituted, inter alia, by the denial of
civil, political, economic, social and cultural rights, and considering that
all human rights and fundamental freedoms are indivisible and
interdependent and that, in order to promote development, equal
attention and urgent consideration should be given to the
implementation, promotion and protection of civil, political, economic,
social and cultural rights and that, accordingly, the promotion of,
respect for and enjoyment of certain human rights and fundamental
freedoms cannot justify the denial of other human rights and
fundamental freedoms.
All the plans and designs we have for a better future are just pipe
dreams if we continue to turn a blind eye toward all these problems,
which could deteriorate into worse. Thus, instead of pretending that
everything is perfect, the right to development aims at reaching the
remote corners of the world, to give them a chance at becoming
something more, something bigger.
It is meant for the people, with people at its
heart, so that they can be better:
In order to realize the right of peoples to self-determination, by virtue of
which they have the right freely to determine their political status and to
pursue their economic, social and cultural development, recalling also the
right of peoples to exercise, subject to the relevant provisions of both
International Covenants on Human Rights, full and complete sovereignty
over all their natural wealth and resources, the right to development treats
human as its central subject.
It believes all human beings have a responsibility for development,
individually and collectively, taking into account the need for full respect for
their human rights and fundamental freedoms as well as their duties to the
community, which alone can ensure the free and complete fulfilment of the
human being, and they should therefore promote and protect an
appropriate political, social and economic order for development.
This right is tailored with the entirety of humans in mind, which makes it
distinctive, especially against the backdrop of the twenty-first century.
It makes the responsibility of the States
abundantly clear:
The State is the ultimate source of power to the people, as it grants rights to
the people. However, an administration is just an organ for the ventilation
of the will of the masses, a machinery to take necessary actions for the
collective betterment. The right to development vests the responsibility in
the hands of the various member governments.
It asserts that the states should undertake, at the national level, all
necessary measures for the realization of the right to development and
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. Effective measures should be undertaken to
ensure that women have an active role in the development process.
Appropriate economic and social reforms should be carried out with a
view to eradicating all social injustices.
States should encourage popular participation in all spheres as an
important factor in development and in the full realization of all human
rights.
It believes in fostering international
equanimity:
Individual, isolated efforts in the past have led to moderate success, but
a lot of resentment and enmity between the nations, and a general
atmosphere of suspicion and hostility around the world. The world today
is divided into various stages of political, economic, social
development, which has led to problems like migration and
overpopulation, and disparities between different regions. Hence, in
order to combat the issues that we have, international cooperation is
important.
According to right to development, states have the duty to co-operate
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 co-
operation among all States, as well as to encourage the observance
and realization of human rights.
It reminds us of the our original formulative
values and principles:
The General Assembly adopted the Declaration of Right to Development
bearing in mind the purposes and principles of the Charter of the United
Nations relating to the achievement of international co-operation in solving
international problems of an economic, social, cultural or humanitarian
nature, and in promoting and encouraging respect for human rights and
fundamental freedoms for all without distinction as to race, sex, language
or religion. Under the provisions of the Universal Declaration of Human
Rights everyone is entitled to a social and international order in which the
rights and freedoms set forth in that Declaration can be fully realized. It is
also in alignment with the provisions of the International Covenant on
Economic, Social and Cultural Rights and of the International Covenant on
Civil and Political Rights, and sheds light on the right of peoples to exercise,
subject to the relevant provisions of both International Covenants on
Human Rights, full and complete sovereignty over all their natural wealth
and resources.
Obstacles in realization of Right to Development:
The report of the Global Consultation concludes that, above all, "the
concentration of economic and political power in the most industrialized
countries is an obstacle to development and is perpetuated by the non
democratic decision-making processes of international economic, financial
and trade institutions.”

Democracy at all levels (local, national and international) and in all spheres
is essential to true development. Structural inequalities in international
relations as within individual countries, are obstacles to the achievement of
genuine democracy and a barrier to development as defined in the
Declaration.

Greater equality in international relations is related, in turn, to respect for the

principles of self-determination and nonuse of force. Existing trade and
financial arrangements have been dictated by a small number of countries,
frequently for their own benefit and at the expense of development
elsewhere.
The participants were especially critical of international development
strategies which have been "oriented merely towards economic growth and
financial considerations," which they noted has often resulted directly or
indirectly in violations of human rights.

These models largely ignore the social, cultural and political aspects of human
rights and human development. Limiting the human dimension to questions of
productivity. They foster greater inequalities of power and control of resources
among groups and lead to social tensions and conflicts. These tensions and
conflicts are often the pretext used by States to justify placing restrictions on
human rights.

In contrast with the policies of international institutions, "no one model of

development is universally applicable to all cultures and peoples."
What constitutes "development" is largely subjective, and in this respect
development strategies must be determined by the people themselves and
adapted to their particular conditions and needs. It follows that participation
must be "the primary mechanism for identifying appropriate goals and
criteria" for the development process.
Since internal and external conditions for development are
interdependent, democracy is essential at the national as well as
international levels.

Democracy is an essential element in the realization of the right to

development and the failure to implement and respect the principles of
democratic government has been shown to present a serious obstacle
to the realization of the right to development.

In this context, the right to development is not so much a right to the

improvement of material conditions, but the right to have a voice in,
and share control over, the economic environment. It is not, however,
an apology for a liberal, laissez faire state in which there is simply an
absence of public restraint on private self interest. This becomes clear
from the interpretation given to the concept of "participation."
Widening poverty gaps, food shortages, climate change, economic
crises, armed conflicts, rising unemployment, popular unrest, and other
pressing challenges confront our world today. The right to development,
which embodies the human rights principles of equality, non-
discrimination, participation, transparency and accountability as well as
international cooperation, can guide our responses to a series of
contemporary issues and challenges.

The right to development is not about charity, but enablement and

empowerment. The Declaration identifies obstacles to development,
empowers individuals and peoples, calls for an enabling environment
and good governance at both national and international levels, and
enhances accountability of duty bearers - governments, donors and
recipients, international organizations, transnational corporations, and
civil society.
Right to Development from an Indian
perspective:
In Indian perspective, Resettlement and Rehabilitation is integral to the
right to life guaranteed under Article 21 of the Constitution of India.
Formulation of policies for rehabilitation of people displaced in various
calamities is hence a constitutional duty of the State. Annually, the lives
and livelihoods of nearly ten million people across the globe are
affected by
forced displacement due to infrastructure projects such as irrigation
schemes, mines, industries, power plants and roads. After
independence, the Central and the State Governments began to
acquire land for several infrastructure projects and also for public
enterprises like steel plants. To reduce people‟s resistance to this
involuntary acquisition compensation was supplemented by the
schemes of rehabilitation and resettlement. Due to the organized
resistance of the people displaced by dams in Maharashtra, the
Government enacted a law called the Maharashtra Resettlement of
Project Displaced person Act in 1976.
However, the development projects have cost the Indian masses aplenty.
People are being forced out of their homes, and given meagre
compensations. The newly constructed or underway projects often pass
through agricultural fields, and while the farmers are reimbursed for the
lands they had to give for that, the surrounding area under plantation
suffers due to the problems caused by the project like constant soil
erosion, littering and an imabalance in the groundwater tables, to name
a few.
People are forced to evict for different schemes, such development
projects, urban development schemes, gentrification, urban
beautification, land alienation in both rural and urban areas, and in
Situations of armed conflict and ethnic cleansing, or their aftermath.
Dauses or categories of
Development-induced displacement include the following: water supply
(dams, reservoirs,
Irrigation), urban infrastructure, transportation (roads, highways, canals),
energy (mining, power
Plants, oil exploration and extraction, pipelines), agricultural expansion,
parks and forest
Reserves, and population redistribution schemes.
This development induced displacement leads to huge number of social
inequalities, like, Landlessness, Joblessness, Homelessness, Marginalization,
Food Insecurity, Increased Morbidity and Mortality, Loss of Access to
Common Property, Social Disintegration, Loss of Access to Community
Services, and above all its ultimately leads to human rights violation.
And there have been many cases of people Vs the State due to this very
deprivation due to displacement. The most memorable of these cases is
the first and second Narmada Bachao Aandolan Vs the Union of India
case. In both these cases, the Supreme Court has maintained that the
rehabilitation of the people has been into a better life, and has thus
broken the absolute power of the human rights give to the citizens. There
are several such cases, including
Jilubhai Nanabhai Khachar Vs. State of Gujarat,
Jilubhaiabaria & Anr Vs. State Of Gujarat & Ors and
T.N Godavarman Thirumulpad Vs. Union of India.
It is extremely important for the country and the residents of India to
have better infrastructure, better lifestyle and better nation to live in.
But while doing that, the government needs to take into account
several aspects, like:
• human rights violations,
• the absolute nature of the rights,
• eminent domains of undertaking,
• the trade-off between the development- induced displacement
and the public purpose of the project,
• tribal angle,
• public opinion on the same,
• rehabilitation and resettlement.

Ultimately, all of us want what the best is for the people. However,
while practicing the right to development, it is necessary for the State
to take into account the intrinsic and extrinsic value of the
undertaking and do what is in the best interest of the citizens.