Developing Countries And The Development Of The International Human Rights System

Developing countries have been actively involved in the construction of the international human rights system after achieving national independence. They called for the protection of economic, social and cultural rights in the process of the Universal Declaration of Human Rights, and finally gave these rights legally binding commitments in the International Covenant on Economic, Social and Cultural Rights. The proposal, negotiation and implementation process of the Declaration on the Right to Development was mostly dominated by the developing countries, and they connected the protection of human rights with economic development, required the establishment of a fair new international economic order, hoping these resources could help them speed up the process of development that are given by the economic and technical assistances and the disarmament of the developed countries. The developing countries emphasized the individual and collective dual attributes of the right to development, which has broaden the new horizon of the international human rights. Therefore, it is necessary to find out the contribution of the developing countries to make in the development of the international human rights system, especially the establishment of the right to development. Based on the United Nations Yearbooks and the resolutions of relevant agencies, this article systematically discusses the participation of developing countries in the process of the international human rights system, laying special stress on the negotiation process of developing countries participating in the discussion of the right to development, including its significance and legacy.The first chapter mainly studies the general process of the establishment of the international human rights system, and stresses the role of developing countries in the process. The principles of universal human rights are established by all countries in the Universal Declaration of Human Rights, and the two International Covenants on Human Rights put economic, social and cultural rights in the same important position as civil rights and political rights. Without the active supervision and promotion of developing countries, these achievements can’t be attained. The universal principle of human rights and the protection of economic, social and cultural rights have laid the legal and ideological foundation for the proposed development right. The second chapter firstly analyzes the subject, object and category of the right to development on the contents of the Declaration on the Right to Development. The right to development is an inalienable human right, and its subjects include individuals, ethnic groups, regions and countries, which has the dual characteristics of individual and collective. Moreover, the article analyzes the economic, social and cultural background of the right to development in detail. After World War Ⅱ, the third world countries had achieved national liberation from the colonial rule. They had to develop their own economy urgently to meet the needs of the people. To change the international economic order is paramount for their development, which is shaking the monopoly position of developed countries in trade and finance. In order to alleviate the contradiction between the North and the South, the United Nations launched three Development Decades(1960-1980). However, the economic and social conditions in developing countries have not been effectively improved, and trade barriers, debt crisis, hunger and disease caused by poverty and unemployment have become increasingly serious. In order to establish a new international economic order, developing countries are attempting to combine economic development and human rights. The international law principle of the right to development is conducive to the change of the old order of the international economy, while the sufficient material conditions are also conducive to the realization of the right to development.The negotiation of the Declaration on the Right to Development revolved around four key issues. The first one is the subject of the right to development:differences between individual right and collective right. Developed countries only recognized the right to development as an individual right, for the reason that recognizing the right to development as a collective right would enlarge national rights, thereby weakening the worth and dignity of the individual rights. This paper holds the view that the right to development is an individual right as well as a collective right. Secondly, a bone of contention was the voluntary or compulsory development assistance. The third world countries held the view that the reason why they could not get rid of poverty for a long time after the political independence was mostly due to the colonial rule of the developed countries, such as the plunder of natural resources, the impact of the war and the control of the Multi-National Corporation on their domestic economy. The unfair international economic order was also an important reason. Hence, developed countries had the obligation to make compensation for their past mistakes and should provide direct financial compensation and assistance. Nevertheless, developed countries thought that national economic problems were their own responsibility. They could provide humanitarian aid properly, but should not be required to provide assistance as their international legal obligations. Thirdly, developing countries argued that the disarmament to save resources was of great significance. The declaration also makes it clear that the resources released by the disarmament are so important for the development assistance for developing countries. However, developed countries refused to follow the proposal, believing that it had no meaning. Finally, the implementation issues of the right to development caused more intense discussion of two sides:different views on the procedures of the discussion. Developing countries suggested the implementation issues should be included in the draft declaration, but most developed countries required that they discuss the implementation issues after defining the concept and scope of the right to development. Following the declaration, although the United Nations and the human rights commission wanted to strengthen their cooperation to reach agreements on the implementation measures of the right to development, but ultimately did not achieve significant results.The declaration on the Right to Development is a product of compromise between developing countries and developed countries, which has a positive meaning and the remaining problems.2016 is the thirtieth anniversary of the promulgation of the declaration. The thesis has shown the contribution of developing countries in the process of establishing the right to development, encouraging them to express their views in the United Nations, the Commission on Human Rights and other platforms, which is of great importance to the development of international human rights system. China has been actively seeking the right to subsistence and development in the international community, trying to put the right to development in an equal position with other rights, and advising the international community to reach a legally binding convention on the right to development through their cooperation. The Scientific Development Concept and the Chinese Dream are the best proofs for China to realize the right to development. Even though there are dual pressures of home and abroad, China will fully realize the right to development in the near future, protecting the basic rights and freedoms of all individuals and the people.