The draft guiding principles on extreme poverty and human rights: the rights of the poor

Background

In 2001, concerned that extreme poverty constitutes a violation of human dignity and that urgent national and international action is required to eliminate them, the former Commission on Human Rights requested its Sub-Commission on the Promotion and Protection and Human Rights to consider the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty. In response, the Sub-Commission entrusted an ad hoc group of experts with the task of preparing draft guiding principles on extreme poverty and human rights, which were annexed to resolution 2006/9 adopted by the Sub-Commission for the Promotion and Protection of Human Rights on 24 August 2006 and submitted to the Human Rights Council at its second session in 2006.

In its resolution 2/2 of 27 November 2006, the Council took note of the draft guiding principles on extreme poverty and human rights: the rights of the poor prepared by the former Sub-Commission, and requested the Office of the High Commissioner for Human Rights (OHCHR) to circulate the draft guiding principles to obtain the views of States, relevant United Nations agencies, intergovernmental organisations, United Nations treaty bodies and special procedures mandate-holders including the independent expert on the question of human rights and extreme poverty, national human rights institutions, non-governmental organisations, especially those in which people in situations of extreme poverty express their views, and other relevant stakeholders. A report of the United Nations High Commissioner for Human Rights on the findings of the consultations was submitted to the HRC at its seventh session (A/HRC/7/32).

Pursuant to the Council resolution 7/27 of 28 March 2008, a second round of consultations was organised by OHCHR during the end of 2008. As part of these consultations, OHCHR organized a two-day Seminar during 27-28 January 2009 in Geneva, to discuss: (a) the added value and practical utility of the draft guiding principles on extreme poverty and human rights in helping to implement existing human rights norms and standards in the context of the fight against extreme poverty; (b) the technical legal merit of the draft guiding principles on extreme poverty and human rights; and (c) possible way forward on the draft guiding principles.

Results of the consultations and the Seminar

A report of the United Nations High Commissioner for Human Rights, which reflected the final outcome of these consultations and the Seminar, was submitted to the 11th session of the Council (A/HRC/11/32). A more detailed account of all views and comments from States and other relevant stakeholders are summarized in a background paper prepared for the Seminar and in a final technical review of the process. These two papers were commissioned by OHCHR to an independent consultant (Dr. Margot Salomon, the London School of Economics and Political Science) to serve as inputs and references for a future review of the draft guiding principles.  

Overall, the second round of consultation process in 2008-2009 disclosed unanimity among respondents on the importance of preparing guiding principles on extreme poverty and human rights. A widely held view among respondents was that guiding principles have the potential to strengthen the implementation of existing international human rights law, rendering international human rights law and policy directly relevant to people living in extreme poverty. The adoption of draft guiding principles may not only provide international as well as local actors with a useful tool to guide them in the fight against poverty, but can serve to raise awareness among persons living in extreme poverty, and the population at large, as to their rights and entitlements.

The way forward

On 2 October 2009, the Council adopted resolution 12/19, mandating the Independent Expert on the question of human rights and extreme poverty to submit a progress report no later than its 15th session in September 2010, presenting her recommendations on how to improve the draft guiding principles on extreme poverty and human rights, to allow the Council to take a decision on the way forward with a view to a possible adoption of guiding principles by 2012.