Input for the Special Rapporteur on the Right to Development
For the 2026 thematic reports to the Human Rights Council on “Participation in development” and to the United Nations General Assembly on “Peace for development”
South Centre
April 2026
The South Centre has submitted its latest input to the UN Special Rapporteur on the Right to Development for the 2026 thematic reports on “Participation in Development” and “Peace for Development”.
Our report underscores that development is not a charitable concession but an inalienable human right. To overcome the structural violence of the current international order, we advocate for:
Reforming the Global Architecture: Democratising the Bretton Woods institutions and the UN Security Council to rectify the historical underrepresentation of Africa, Latin America, and Asia.
A “Human Rights Economy”: Transitioning from voluntary corporate “tick-box” exercises to a Legally Binding Instrument (LBI) that ensures extraterritorial accountability for transnational corporations.
Dismantling “Regulatory Chill”: Reforming the Investor-State Dispute Settlement (ISDS) system, which currently prioritizes corporate profits over the policy space needed for development and climate justice.
A Paradigm Shift to “Positive Peace”: Redirecting a portion of the $2.7 trillion global military expenditure toward the SDGs and grant-based climate reparations.
Substantive Justice: Recognising traditional and indigenous knowledge as valid evidence in policy-making and ensuring reparative justice for historical dispossessions.
Access to Medicines and Intellectual Property: taking advantage of TRIPS flexibilities for post-COVID-19 resilience in Africa
By Ismaelline Eba Nguema
The call by India and South Africa for the provisional lifting of patents on pharmaceutical products has had the merit of putting the issue of access to medicines and public health back on the agenda. However, the difficulty of reconciling access to medicines and intellectual property has many factors which cannot be reduced solely to the commitments of WTO member states. A more in-depth analysis reveals the intrinsic limitations of some of its members. These include the weakness of the legislative and regulatory framework in some countries, such as those on the African continent. Consequently, the aim of this article is to demonstrate that effective use of the flexibilities in the TRIPS Agreement is only possible if African countries equip themselves with an appropriate legal framework, in addition to the judicial institutions that are supposed to guarantee the effectiveness of the standards adopted. The methodology used consisted of an exegesis of various documents, including articles, working documents of the TRIPS Council, declarations and resolutions of various bodies, as well as the national case law of certain WTO members, etc. This method led us to conclude that the compatibility between access to medicines and intellectual property is caught between human rights and economic interests. However, for the TRIPS flexibilities to be fully utilized by African countries, they would benefit from reforming their legal frameworks to take advantage of the flexibilities in the TRIPS Agreement.
Balancing the Global Copyright System in the Public Interest: An Analysis of the African Group’s Proposed Instrument on Limitations and Exceptions
By Faith O. Majekolagbe
The establishment of an international instrument on copyright limitations and exceptions (L&Es) is essential to achieve an appropriate balance between exclusive rights and the overarching public interest in access to copyrighted works and related subject matter. Current international copyright instruments, including the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, fail to adequately address L&Es for education, research, equitable access for persons with disabilities, and the operations of educational, research, and cultural heritage institutions such as libraries, archives, and museums. The proposed instrument on L&Es by the African Group seeks to establish mandatory minimum L&Es to support education, research, and access to information within the international copyright system, thereby promoting global harmonization and ensuring that copyright law supports, not impedes, development objectives and human rights obligations. This policy brief offers a thorough analysis of the proposed instrument, examining its substantive provisions and potential benefits, and proposes some improvements.
The UN Treaty on Business and Human Rights: Regulating Corporate Power in the Era of Deregulation
South Centre and Friedrich-Ebert-Stiftung (FES) Geneva Office Report, March 2026
By Daniel Fernando Uribe Terán
This study examines how the United Nations Legally Binding Instrument (LBI) serves as a vital tool to preserve state sovereignty and to ensure the primacy of human rights in the era of deregulation.
61st Session of the Human Rights Council Side Event:
Regulating Corporate Power in the Era of Deregulation: Launching the South Centre and FES 2026 Report for the UN Legally Binding Instrument
Co-organized by the South Centre and Friedrich-Ebert-Stiftung (FES) Geneva Office
Date: 26 March 2026
Time: 12:00 – 13:00 CET
Venue: Room Concordia 1, Palais des Nations, Geneva
The South Centre, in collaboration with the Friedrich-Ebert-Stiftung (FES) Geneva, is pleased to invite you to the launch of our new report The UN Treaty on Business and Human Rights: Regulating Corporate Power in the Era of Deregulation.
This study examines how the UN Legally Binding Instrument (LBI) serves as a vital tool to preserve state sovereignty and to ensure the primacy of human rights in the era of deregulation.
Join us in Geneva to discuss concrete solutions to “justice paralysis” and corporate impunity.
The South Centre carries out multiple activities to support developing countries with policy-oriented research, inputs and advice for negotiations and capacity building. The Report summarizes the South Centre’s activities in 2025 and highlights the contexts in which they were conducted as well as the objectives that were pursued with their implementation.
Sovereignty and self-determination over natural resources in times of conflicts, climate change and (neo)colonialism
Side-Event to the 61st Session of the Human Rights Council
Co-organized by the Special Rapporteur on the Right to Development (Special Procedures, United Nations Human Rights Council) and South Centre
10 March 2026, 12-1pm
Concordia 1, Building A, Palais des Nations, Geneva
As we navigate the 61st session of the Human Rights Council, the South Centre and the Special Rapporteur on the right to development are convening a critical discussion on the intersection of resource sovereignty, conflict, and (neo)colonialism.
In an era defined by climate instability and geopolitical shifts, the right to self-determination over natural resources has never been more relevant. We are honoured to host a distinguished panel of ambassadors and experts to explore these challenges.
Contribution to the Report of the UN Secretary-General on the implementation of General Assembly Resolution on the “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba”
South Centre
13 February 2026
The illegal blockade against Cuba is a continuing violation of the UN Charter & international law and must be lifted to allow full realisation of human rights and SDGs. See the South Centre inputs to the UN Secretary-General’s report, emphasising urgent need to end the blockade.
Input for the Working Group on the Rights of Peasants and Other People Working in Rural Areas
Report on Peasant Territories on Land and Sea
South Centre
February 2026
The South Centre has officially submitted its inputs to the UN Working Group on the Rights of Peasants and Other People Working in Rural Areas for their upcoming thematic report on “Peasant Territorialities of Sea and Land.”
Our submission emphasises that realising the rights recognised in the UN Declaration on the Rights of Peasants (UNDROP), particularly Article 17, depends on a fundamental shift in how “territory” is legally understood and economically managed.
The South Centre focuses on:
How territory must be conceptualised as a socio-ecological space where cultural identity and sustainable production intersect, not merely as a financial asset.
The dangers of “Blue Economy” industrialisation and “Green Grabbing,” where conservation mechanisms like carbon offsets displace local communities.
How States should recognise collective tenure rights and protect agrarian reform from Investor-State Dispute Settlement (ISDS) challenges.
Climate finance must support peasant agroecology, not displace the very people who steward the land.
UN Human Rights Council Resolutions on Access to Medicines and the Use of TRIPS Flexibilities: A Review
By Nirmalya Syam
This paper reviews almost twenty years of the United Nations Human Rights Council’s (UNHRC) work on access to medicines. The UNHRC has repeatedly framed access to medicines as part of the right to health and has urged States to rely on flexibilities in the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) to make essential treatments more affordable. Although the UNHRC has strengthened the human rights foundation for using such flexibilities, its resolutions have produced little change on the ground. The commitments embodied in the UNHRC resolutions stay broad and non-binding, leaving the deep structural barriers in place, including restrictive intellectual property (IP) clauses in trade deals, pressure from powerful States, limited technical and manufacturing capacity, and weak policy coordination within governments. Moreover, several recent resolutions reaffirm the value of IP protection, which creates tension that dilutes the Council’s support for the wider use of TRIPS flexibilities. The paper finds that the main gap between global human rights commitments and national action on advancing access to medicines reflects political choices and structural barriers, and concludes by calling for stronger mandates for States to review access barriers during the Universal Periodic Review, increased technical assistance from the Office of the High Commissioner for Human Rights, more civil society participation, national right-to-health action plans, and systematic monitoring of TRIPS implementation.
Health Equity in Global Governance: growing recognition in need of concrete actions
By Carlos M. Correa
Health equity is a foundational principle of global health governance that should ensure all individuals have fair and just opportunities to achieve optimal health, regardless of social, economic, or geographical disparities. The right to health is recognized as a fundamental human right in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This document explores the concept of health equity drawing on United Nations General Assembly (UNGA) resolutions and key instruments from the World Health Organization (WHO). It discusses the challenges and opportunities for developing countries in pursuing equitable health outcomes, including advancing sexual and reproductive health and rights.
Experiences and Challenges Faced by Sri Lanka in Implementing the Highest Attainable Standard of Health, Including Health Equity and Sexual and Reproductive Health and Rights
By Janani Sivapakthan
Sri Lanka’s long-standing commitment to free and equitable healthcare with a focus on primary healthcare has yielded impressive achievements in health equity, maternal and child health, disease elimination, and sexual and reproductive health and rights. However, Sri Lanka faces challenges in upholding health equity in the context of escalating domestic and global pressures. Safeguarding the highest attainable standard of health for all Sri Lankans requires addressing underinvestment, workforce migration, uneven service distribution, and the emerging burden of non-communicable diseases in a context of economic constraint.
