rises above economic progress to add to a comprehensive standard for human being.
It is essential for all individuals and peoples to anticipate a method which promotes
all human rights; its goal of rights and obligations cuts across the geographical
surroundings of states.52
International solidarity carries the same idea of the UN Charter; peace and security,
development and human rights. Solidarity in international law and policy is reflected
in international combined effort. The duty of states of work together is found in
Articles 1, 55 and 56 of the UN Charter. Article 1 calls for international system to
encourage the economic and social progress of all peoples and for international
collaboration in dealing with matters of economic, social, cultural or humanitarian
nature, a basic object of the organisation. Under Article 55 of the UN Charter, the
UN shall promote higher standards of living, full employment and environment of
economic and social development; solution to international economic, social and
health concerning issues; international cultural and educational cooperation; and
universal respect for, and observance of human rights and fundamental freedoms.
In Article 56, “Member States pledge themselves to take joint and separate actions
in cooperation with the organization for the achievement of the purposes set forth in
Article 55,” establishing a legal duty on states.53 Article 55 of the Charter is aimed at
the implementation of the purposes of the UN, laid out in Article 1 of the UN Charter.
The UN General Assembly’s repetitive recommendations have continually articulated
the need of cooperation.
According to the UN Declaration on the Right to Development, states have the
principal obligation for the setting up of national and international environment
advantageous for achieving the right to development and the obligation of working
together in development and in eradicating the impediments to development. States
also have the obligation to adopt measures, individually and collectively, to prepare
international development plans for the overall achievement of this right. Bearing in
mind the national and international aspects of the right to development, it is important
to address the collaborative and external obligation of states in accomplishing this
right as a solidarity-based right. The international community has an essential roleplay in the development of participatory institutions at every level. Besides securing
the structure of the international community to make possible an overall and equal
Puvimanasinghe, Supra note 20, at 179 and 181.
UN General Assembly, Human Rights Council, Agenda Item 3, Human Rights and International Solidarity. (A/HRC/12/27, 22 July 2009), 9 and 16, paras. 21 and 42. Member States’ collective or individual actions to defeat this pledge may violate the principle of juscogens under certain circumstances.
This position supports the view that international cooperation and solidarity involve legal obligations of
prime nature. Obligations based on international solidarity, where they concern the most fundamental
human rights, can go beyond the limits of state borders, as they are owed erga omnes, rather than merely
inter partes.
52
53
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Journal of the National Human Rights Commission, Vol. 22, 2023