Implementação do direito ao desenvolvimento

Abstract

The 1986 UN Declaration on the Right to Development rather than resolve the question of whether there is a Right to Development further polarized the membership of the United Nations. The southern governments contend for a right to development while the rich countries of the North oppose the existence of such a right. In order to resolve this impasse and implement the Declaration, the UN appointed an Independent Expert on the Right to Development, Professor Arjun Sengupta, called for the establishment of a development compact between developed and developing countries. A development cooperation relationship already exists in the form of the Cotonou Partnership Agreement between the European Union and Africa Caribbean and Pacific Countries. This paper will conduct a comparative analysis of Sengupta's development compact and the Cotonou agreement and will argue that while both share common features such as equality, nondiscrimination and participation, their convergence ends with regard to the principle of accountability. [Original article in English.] The Declaration on the Right to Development has been trailed with controversy since its adoption by the United Nations in 1986.1 While the developing nations in the South argued for resource transfer as the basis of the right to development, the developed countries representing the North denied the existence of such a right. However, the reaffirmation of the right to development at the 1993 Vienna World Conference on Human Rights 2 provided an opportunity for the debate to move from rhetoric towards actual implementation. The Open Ended Working Group was established and the Independent Expert on the Right to Development, Professor Arjun Sengupta, was mandated to find a way of operationalising the right to development. 3The Independent Expert has recommended a Development Compact 4 between a specific developing country and the international community and international financial institutions as a mechanism for implementing the right to development.The purpose of this paper is to examine the practical application of the Development Compact through a comparative analysis of Sengupta's Development Compact and the Cotonou Partnership Agreement, 5 which is a trade, aid and development agreement between the European See the notes to this text as from page 107.