Solicitud de Opinión Consultiva presentada por la República de Chile y la República de Colombia
Observaciones remitidas por el Centro Sur
Diciembre de 2023
In reference to the invitation extended by the Inter-American Court of Human Rights to submit amicus briefs in the matter of the Request for Advisory Opinion submitted by the Republic of Colombia and the Republic of Chile to the Inter-American Court of Human Rights (IACtHR or the Court) regarding the Climate Emergency and Human Rights. The South Center, an intergovernmental organization of developing countries, respectfully submits to the Inter-American Court of Human Rights the following amicus brief at the request of the Advisory Opinion submitted by the Republic of Chile and the Republic of Colombia.
These observations consider how the definition of shared and differentiated obligations and responsibilities in the legal regime related to climate change is linked to the obligations to cooperate and make reparations arising from the American Convention on Human Rights and the need to consider the right to life and survival of the most affected regions and populations in the various countries and in the region.
The Intersection Between Intellectual Property, Public Health and Access to Climate-Related Technologies
By Lívia Regina Batista
On the 20th anniversary of the Doha Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and Public Health adopted by the World Trade Organization, we realize that its impact is beyond issues of public health stricto sensu. The Doha Declaration has inspired discussions at the Council for TRIPS regarding access to climate-related technologies. Climate change is the main and most globalized environmental problem with adverse effects on public health, especially for the vulnerable communities in the Global-South. The main argument of the proponents of the discussion in the TRIPS Council is the need to rebalance public interests (such as public health and environmental/climate issues) with the private/economic interests of the most powerful countries and corporations. This debate addresses both the recognition of intellectual property rights as an important means for the promotion of technological innovation, and the required wider dissemination of technologies – be they medicines or climate-related technologies. This research paper explores the possibilities that the TRIPS Agreement and the Doha Declaration create for international transfer of climate-related technologies. Even though such discussions on climate-related technologies have initially failed in linking climate change and public health, as well as the rhetoric of human rights, the relevance of the topic remains. Besides that, the response to public health issues also must learn from the experience in climate change, such as the case studies evidencing the insufficiency and inefficiency of fast-tracking programs to provide for a wider dissemination of technologies – which have now been widely replicated to address the COVID-19 pandemic. Such comparison can also be an entrance point to discuss the public health implications for the international regime on climate change, highlighting that such issues are deeply intertwined, and need to be addressed jointly as well.
The Global Digital Compact: opportunities and challenges for developing countries in a fragmented digital space
By Carlos Correa, Danish, Vitor Ido, Jacquelene Mwangi and Daniel Uribe
The adoption of a Global Digital Compact (GDC) as one of the outcomes of the Summit of the Future opens up the opportunity to address in a systematic manner issues that are of critical importance for the digital global governance. It also poses a challenge to developing countries, as most of them lack the infrastructure and capabilities to fully participate in the digital transformation. Many inequalities, including a deep digital divide, do exist and would need to be addressed by the GDC for it to become a real instrument of change and improvement in the living conditions and the prospects of a better future for most of the world population. This paper examines the current fragmentation in the digital governance and some of the issues raised by the proposals made by the UN Secretary-General for adoption of the GDC.
Harnessing Digital Technologies for Education in Developing Countries: Need for a Judicious Approach
By Kishore Singh
Digital technologies are transforming the landscape of education. New models and ways of learning, digitally supported and virtual, are emerging with rapid pace, multiplying learning pathways and diversifying learning approaches. Digital technologies are impacting education at all levels and in all its forms, and renewal of education by dint of what is termed ‘edu-tech’ has become a buzz word. Harnessing digital technologies for education is enticing for developing countries.
However, the gaze on the dazzles of digitalization must not lose sight of their down side. Considering what has been termed as ‘platform imperialism’, a cautious and critical approach is needed. “Digital divide’ is a crushing blow to the fundamental principle of equality of opportunity in education. Safeguarding education from forces of privatization and ‘edu-business’, fortified by digitalization in education, is also a daunting challenge. We must ward off against deleterious, even dehumanizing effect of digital technologies, as they can be pernicious if they are not properly controlled and regulated.
STATEMENT TO THE NINTH SESSION OF THE OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES
23 October 2023
The 9th Session of the OEIGWG on TNCs & OBEs began today at UN Geneva, with all eyes on the negotiations of the binding treaty to regulate corporations and promote access to justice for victims of human rights abuses.
Submission to the UN Working Group on Business and Human Rights for its report on Investors, Environmental, Social and Governance and Human Rights
South Centre
October 2023
The South Centre has contributed to an upcoming report by the UN Working Group on Business and Human Rights on Investors, Environmental, Social and Governance and Human Rights which will be presented to the Human Rights Council at its 56th Session in 2024. Greater uptake in ESG reporting must be accompanied by mandatory corporate due diligence, accountability & remedies.
The Process to negotiate a Legally Binding Instrument on Business and Human Rights
18 Oct 2023, 15:30-17:00 CEST
This open consultation is an opportunity for participants representing developing countries, civil society and academia to exchange views and discuss the ongoing process to negotiate an international instrument to regulate the human rights impacts of transnational corporations and other business enterprises.
The Right to Development: Principles, Realization and Challenges
By H.E. Mr. Ali Bahreini
The main theme of the 54th session of the Human Rights Council revolves around economic, social, and cultural rights, with a particular focus on the right to development. This article addresses the importance of the right to development, the Iranian perspective on it, and the impact of various challenges on its full and effective realization.
The South Centre appreciates the presentation of the thematic reports, and the reports of the Working Groups on the Right to Development and Private Military and Security Companies.
The South Centre will continue supporting developing countries for the achievement of these objectives and the provision of innovative solutions for tackling the unique challenges faced by developing and least developed countries.
Statement during the Interactive Dialogue with the Special Rapporteur on the Right to Development
54th regular session of the Human Rights Council
South Centre
20 September 2023
The South Centre, as an intergovernmental organization of developing countries, welcomes the report prepared by the Special Rapporteur on the Right to Development on his vision for reinvigorating the right to development.
We thank the Special Rapporteur once again for considering the research undertaken and inputs provided by the South Centre in his report, and would like to reiterate our strong support for his important work and mandate.
Statement during the Interactive Dialogue with the Expert Mechanism on the Right to Development
54th regular session of the Human Rights Council
South Centre
20 September 2023
The South Centre, as an intergovernmental organization of developing countries, welcomes the annual report presented by the Expert Mechanism on the Right to Development.
We would like to express support to the Expert Mechanism on the Right to Development, highlighting that international cooperation and solidarity among States are indispensable means to achieve the objectives set out in the Declaration of the Right to Development.
