Comparing the Status and Recognition of the Right to Development Under the RTD Declaration, African Charter on Human and People’s Right and Ethiopian Constitution

Abstract

Despite different controversies accompanied to it, the right to development is recognized in different international, regional and national laws. Therefore, the basic theme of this research with a view to  evaluate the United Nation Declaration on the Right to Development(UNDRD), the African Charter on Human and People Right(ACHPR) and the Ethiopian constitution(FDRE constitution) comparatively. The parameters for comparing the recognition of the right to development under  these legal documents are basically the definition, content, and  the right holders and duty bearers of this specific  right . After assessing these legal documents, the paper concludes that though these documents have some similarities concerning the definition of development, the definition given by the FDRE constitution is broader, the definition given by ACHPR and UNDRD. Regarding the right holders, while UNDRD put individuals, people and states as beneficiaries, ACHPR put only peoples as the beneficiaries of the right to development. The FDRE constitution is different from the two instruments as it put the beneficiaries are nations, nationalities and peoples of Ethiopia. In terms of the duty bearers of the right to development three of these legal documents have similar stand in that they all put the state as the prime duty bearer.

Keywords: right to development, right holder ,duty bearer, content of the right to development, nature of the right to development, FDRE constitution, African Charter on Human and People’s Right