Governance for sustainable development: a human rights perspective

Abstract

This chapter explores the role of human rights as an integral component of 'governance for sustainable development' system and practice. It analyses the evolving relationship between sustainable development and the human rights framework, and its implications for governance practices. The chapter argues that governance arrangements are important tools for realizing sustainable development and human rights. The legally binding human rights regimes especially are also governance regimes. This is a position underpinned by the commitment of all states to global human rights instruments and/or to sustainable development presented in the United Nations' Agenda 2030 which includes the Sustainable Development Goals (SDGs). While there are still numerous human rights and sustainable development deficits in all parts of the world, international law confirms that both notions are relevant for, and require action by, states at all stages of development and in all circumstances. This means that states are duty-bearers for sustainable development and human rights, and are responsible for building an enabling environment for the actual enjoyment of human rights. Besides providing substantive orientation, the core global human rights treaties also create monitoring opportunities and are a basis for holding duty bearers to account. The fourth section explores the implications of a human rights perspective for governance practices related to natural resource management and finds that participation and benefit-sharing are central concerns in this regard. The potential practical consequences of benefit-sharing requirements are illustrated in a short account of the Saramaka Judgement of the Inter-American Court of Human Rights delivered in 2007, which relates to natural resource exploitation in tribal territory in Suriname and gave rise to the formulation and application of the notion of reasonable benefit-sharing. The chapter closes with a few concluding remarks reflecting on the main insights gained from the analysis of the relevance, content and implications of a human rights perspective on governance for sustainable development.