Broken Silence: Review 3 of the Declaration on Future Generations

By Javier Surasky-

On August 13, the Permanent Representatives of the United Kingdom and Jamaica to the United Nations informed Member States that they were placing the text of the Third Revision of the Declaration on Future Generations under a silence procedure (DFG Rev.3) for adoption by tacit consensus. Three days later, they announced that silence had been broken by multiple States, including the United Kingdom, the United States, Russia, and several members of the G77+China.

Given this situation, the co-facilitators informed of the initiation of a new consultation process focused on those paragraphs that had received observations, limiting and focusing on the final part of negotiations. This constitutes a widely used practice in the United Nations in cases where a document cannot be adopted through the silence procedure.

Since three of the observed paragraphs are part of the preamble of DFG Rev.3, we begin by approaching them to detect the "tone" of the observations made to the document. Let's remember that, in international law practice, the preamble of documents is used as a framework for their interpretation.

The paragraphs of this part of the DFG that received observations, highlighted in red to indicate deletions and in blue to indicate additions compared to their formulation in Rev.2, were the following:

Para. 2 [unchanged from Rev.2]: here, States simply reaffirm their commitments to the purposes and principles of the United Nations, the Universal Declaration of Human Rights, and international law.

Para. 3 [Rev.3 includes minor changes from its formulation in Rev.2 that do not modify its essence]: where commitments made in the 2030 Agenda, the Political Declaration of the 2023 SDG Summit are reaffirmed, "and our pledge to future generations as set out, inter alia, in the Rio Declaration on Environment and Development."

Para. 9. States recognize here the effectiveness of investing in building international peace and security, sustainable development, "the promotion, of universal respect for and observance of human rights" [in Rev.2 "the promotion, protection and fulfillment of human rights"] and fundamental freedoms for all "upholding the rule of law" [in Rev.2 "the observance of the rule of law"] in safeguarding the needs and interests of future generations.

To these three paragraphs, we should add the also observed introductory text of the "Guiding Principles" that DFG Rev.3 seeks to adopt, which states that these principles are established to "seize the opportunity that present generations possess to leave a better future for generations to come and to fulfill our commitment to meet the demands of the present in a way that safeguards the needs and interests of future generations, while leaving no one behind", providing a new objection against pre-existing commitments.

Three main axes quickly emerge that articulate the lack of consensus: human rights, environment, and disregard for previous commitments, whether legally binding or not. Regarding this last point, the lack of consensus around paragraph 2 is particularly worrying, as it does nothing more than bring obligations that are already legally binding for States.

The remaining paragraphs of the DFG observed are found in its chapters on guiding principles, actions, and commitments. The situation regarding the latter (paragraphs 22 to 34 of DFG Rev.3) is especially concerning, as 11 of the 13 commitments included in the document by the co-facilitators have been observed.

Consequently, the paragraphs that are currently under intense negotiations, which we organize here around major themes, are the following:

Human Rights

Para. 13 [Guiding principles]: refers to the pursuit and enjoyment of human rights and fundamental freedoms, which in Rev.2 was presented as a right to pursue and enjoy human rights and fundamental freedoms. However, in its new wording, this paragraph incorporates Rev.3, which specifically mentions the right to development as part of human rights, which always implies divergences among United Nations Member States.

Para. 24 [Commitments; Para. 23 in Rev.2]: within the references to human rights, gender equity should be considered as a chapter with its own complexities and tensions. This paragraph, which shows changes in its wording compared to Rev.2, commits States to "Implement policies and programmes to achieve gender equality and the empowerment of all women and girls, eliminate all forms of discrimination and violence, harassment and abuse against women and girls, including sexual and gender-based violence, and ensure women's full and effective participation and equal opportunities for leadership at all levels of decision making in all spheres of society". In Rev.2, the final part of this paragraph referred to "provide equitable social, economic and leadership opportunities for women in all spheres of society."

Para. 27 [Commitments; Para. 26 in Rev.2]: Another chapter with its own edges in the human rights field is indigenous peoples' rights. Rev.3 expresses the commitment to "recognize, promote and protect" these rights as well as the territories, lands, and ecosystems of Indigenous peoples, safeguarding their traditions, spiritual beliefs, and ancestral knowledge, ensuring "their opportunities for participation in decision-making." In Rev.2, the wording ensured "full, equal and meaningful participation in decision-making."

Para. 33 [Commitments; Para. 32 in Rev.2]: on education, presents minor changes in Rev.3 compared to its predecessor when it promises "Invest in accessible, safe, inclusive and equitable quality education for all, including physical education and sport, and promote opportunities for lifelong learning, technical and vocational training, and digital literacy, allowing for the intergenerational acquisition and transfer of knowledge and skills to advance the prospects of future generations."

Para. 34 [Commitments; Para. 33 in Rev.2]: on health, shows purely formal modifications in the forms of writing, committing States to "Protect the right to the enjoyment of the highest attainable standard of physical and mental health, through universal health coverage, and strengthened and resilient health systems, as well as equitable access to safe, affordable, effective and quality medicines, vaccines, therapeutics and other health products, to ensure healthy lives and promote well-being for present and future generations." The main obstacles here arise from disagreements around the idea of universal coverage and the possible impacts of this statement on intellectual property rights.

Environment

Para. 16 [Guiding principles]: Rev.3 refers here to the creation and maintenance of a clean, healthy, and sustainable environment, where humanity lives in harmony with nature, for which it is necessary to "urgently addressing the causes and adverse impacts of climate change, and scaling up collective action to promote environmental protection". In Rev.2, there was no reference to causes or scaling up collective action; instead, the paragraph closed by mentioning the need to "urgently addressing the adverse impacts and consequences of climate change, pollution and biodiversity loss."

Para. 29 [Commitments; Para. 28 in Rev.2]: With changes in form and substance compared to its formulation in Rev.2, this commitment in Rev.3 implies "Prioritize urgent action to address critical environmental challenges, as well as climate change and its [Rev.2, manifestations] adverse impacts, based on the principle of common but differentiated responsibilities, noting the importance for some of the concept of climate justice, and implement [Rev2, "address critical environmental challenges, including by implementing"] measures to reduce disaster risks [Rev.2, "in order to safeguard communities and persons in vulnerable situations"] and build resilience, reverse the degradation of eco-systems, and ensure a clean, healthy, and sustainable environment." The inclusion of the principle of common but differentiated responsibilities in the text continues to be an obstacle to achieving consensus, while being a key demand of the G77+China countries.

Science and Technology

Para. 17 [Guiding principles]: There are several changes between the versions of Rev.2 and the current one of this paragraph:

The safety and trust in technology and innovation, which appeared in Rev.2, are no longer expressly mentioned. Similarly, a final reference to ensuring equitable access to technological advances and capacity-building initiatives has been removed.
A mention of the responsible use of science (previously not mentioned), technology, and innovation has been incorporated, which is now stated to be guided by principles of equity and solidarity in order to achieve "open, fair and inclusive environment for scientific and technological development and digital cooperation while bridging the scientific, technological, and innovation divides, including digital divides, within and between countries."

Para. 30 [Commitments; Para. 29 in Rev.2]: this paragraph sought to be a bridge between the DFG, the Global Digital Compact, and the Pact for the Future in terms of technologies, but the evolution of the three negotiation processes led to the removal of an explicit reference to this intention. In its formulation in Rev.3, this commitment expresses the duty to "Harness the benefits of existing, new and emerging technologies and mitigate the associated risks [Rev.2, "in a constructive and safe manner"] through effective, inclusive and equitable governance at all levels [Rev.2, "the global and regional levels"], scaling up collaboration to bridge the digital divides within and between developed and developing countries, increasing capacity building efforts in the field of science, technology and innovation, and promoting the transfer of technology on mutually agreed terms [Rev.2, "including through building capacity to eliminate the digital and innovation divide as outlined in the Pact for the Future and the annexed Global Digital Compact"]."

Para. 35 [Actions; Para. 34 in Rev.2, unchanged]: an action related to the debates on data that remain active in the negotiation of the Global Digital Compact: "Leveraging science, data, statistics and strategic foresight to ensure long-term thinking and planning, and to develop and implement sustainable practices and the institutional reforms necessary to ensure evidence-based decision-making, while making governance more anticipatory, adaptive and responsive to future opportunities, risks and challenges." A complex wording where it talks about "ensure something to ensure something else," mixing issues that, if desired to include, should possibly have been separate actions and more oriented to the specificity of their impacts on future generations.

Peace and Security

Para. 22 [Commitments, new paragraph] "Promote international stability, peace and security, including by seeking a safer world without nuclear weapons, where conflicts and crises are resolved through peaceful means". Here, the main point of tension refers to denuclearization.

Financing

Para. 28 [Commitments; Para. 27 in Rev.2, no significant changes]: the commitment reflected in this paragraph is to "Undertake comprehensive and targeted strategies to achieve inclusive economic growth and sustainable development, food security, and the eradication of poverty in all its forms and dimensions, including extreme poverty, and to combat the feminization of poverty, in order to meet the needs of the present generations, achieve global resilience and establish a more prosperous foundation for future generations." Here, the main obstacle to consensus is given by the references to the feminization of poverty and, to a lesser extent, by the use of the expression "food security."

Para. 37 [Actions; Para. 36 in Rev.2]: the only change in this action is the initial verb, which in Rev.2. The action calls for "Strengthening [“Transforming,” in Rev 2] our systems of national and global accounting, including by promoting the use of forward-looking, evidence-based impact assessments, developing stronger anticipatory risk analyses and using measures of progress on sustainable development that complement and go beyond gross domestic product."

Other Issues

Para. 15 [Guiding principles; unchanged from Rev.2]: establishes that the promotion of intergenerational solidarity and dialogue and social cohesion are indispensable for laying the foundations for the prosperity of future generations, and therefore "the role of families as contributors to sustainable development must be recognized". The role, meaning, and extension of the concept of "family" is an element that generates discussions within the United Nations, confronting traditional and modern views on what can be understood as "family."

Para. 25 [Commitments; Para. 24 in Rev.2; unchanged]: expresses the commitment of Member States to "Eliminate all forms of persistent historical and structural inequalities, including by acknowledging, addressing and remedying past tragedies and their consequences, and eradicate all forms of discrimination". Here, the confrontational element is given by the practical application of this commitment and its direct relationship with the claim for reparations by countries subjected to colonial domination towards those who were their occupants.

Para. 26 [Commitments; Para. 25 in Rev.2]: Closely linked to paragraph 25, Rev.3 extends the formulation of this commitment by adding a call that introduces the issue of restitution of cultural property, where there are international positions in dispute: "Honor, promote and preserve cultural diversity and cultural heritage, as well as languages, knowledge systems and traditions, and foster intercultural and interreligious dialogue, including through strengthening international cooperation on the restitution to countries of their cultural properties, recognizing that this will ensure mutual understanding, tolerance and inclusion.”

Para.32 [Commitments; Para. 31 in Rev.2; unchanged]: referring to migrations, establishes the agreement to "Strengthen cooperation among States to ensure safe, orderly and regular migration between countries of origin, transit and destination, including by expanding pathways for regular migration, while recognizing the positive contribution of migrants to inclusive growth and sustainable development." As is known, the issue of migration triggers international sensitivities.

Para. 38 [Actions; Para. 37 in Rev.2]: on investments and planning to respond to global crises, establishes that it will invest "in capacity to better prepare for and respond to future global shocks, crises and challenges" while using "evidence-based planning and foresight to avoid and mitigate risks, while ensuring that the poorest and most vulnerable do not bear disproportionate costs and burdens of mitigation, adaptation, restoration and resilience building."

We want to highlight that the high degree of generality of the commitments and actions makes the relationship between the committed behaviors and the particular characteristics of future generations unclear. It is always possible to infer this relationship. Still, in doing so, we find benefits that the fulfillment of the promises would also imply for current generations, without the differential element for future generations, the main subject of this document.

As with other documents that the Summit of the Future must adopt, the main obstacles in the construction of the DFG are not in the novelty of incorporating a new actor into the debate and decision-making processes, which is highly complex given the characteristics of physical "absence" of future generations, but in more traditional themes and divisions that have little to do with the needs and preferences of the "generations that do not yet exist, and who will inherit this planet" (DFG, Rev.3, paragraph 4).