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The Pact for the Future and Article 83: A Critical Evaluation of International Cooperation and Human Rights
The Pact for the Future, a groundbreaking United Nations (UN) initiative, introduces significant advancements in global governance, recognizing the essential roles of local governments in promoting human rights and sustainable development. Anchored by Article 83, the agreement seeks to enhance international cooperation, focusing on how local and regional governments can contribute to the 2030 Agenda. This recognition marks a growing understanding that local actors are vital for achieving global development goals. However, to grasp the full implications of this agreement, a critical analysis of its promises, limitations, and potential impact on human rights and governance is necessary.
La Cumbre del Futuro 2024 and the Pact for the Future
The Pact for the Future was launched during La Cumbre del Futuro 2024, held on September 22-23 at the UN headquarters in New York. This event marked a milestone in global cooperation, with key initiatives like the Global Digital Compact and the Declaration for Future Generations being approved, forming integral parts of the broader pact. The summit demonstrated the global commitment to sustainable development, human rights, and future-oriented governance.
Article 83: A Landmark for Local and Regional Governments
Article 83 of the Pact for the Future highlights the pivotal role of local and regional governments in achieving the Sustainable Development Goals (SDGs). By urging the UN Secretary-General to provide recommendations for strengthening the engagement of these governments, this provision seeks to bridge the gap between global aspirations and local implementation. Local governments, due to their proximity to citizens, are uniquely positioned to address challenges such as climate change, social inequality, and human rights violations (United Nations, 2024).
This recognition is significant, as local governments have long been addressing global challenges at the community level, but without formal integration into global governance structures. Their inclusion in this pact signals a new direction for multilateral cooperation, although the full potential of local authorities to influence policy globally remains untapped.
The Limitations of the Pact
While Article 83 represents progress, it primarily casts local governments as implementers of international policies rather than equal participants in policy-making. This approach overlooks the unique insights that local authorities bring to addressing global challenges. Cities, for example, are often at the forefront of climate adaptation efforts, managing migration crises, and responding to public health challenges like the COVID-19 pandemic (OECD, 2022). The current framework of the Pact for the Future risks limiting local governments' roles to executors of SDGs, rather than allowing them to shape policies at the global level.
Furthermore, the pact does not adequately address the financial and institutional challenges faced by local governments, particularly in developing countries. Many lack the resources and autonomy required to effectively meet the ambitious objectives of the 2030 Agenda. Without targeted financial support and capacity-building, local governments may struggle to meet the demands of SDG localization (United Nations, 2021). This structural oversight could undermine the long-term impact of the pact.
Missed Opportunities for Expanding Global Cooperation
The pact also represents a missed opportunity to reform outdated global governance frameworks. Scholars have proposed repurposing the dormant Article 83 of the UN Charter, historically used to manage trust territories, to address global commons issues such as climate change and ocean governance (Schrijver, 2016). However, this idea could create geopolitical complexities and challenge state sovereignty, which remains a fundamental principle of international law. As the international community balances cooperation with respect for state autonomy, these issues must be carefully considered.
Promising Models for Local Government Engagement
Despite these challenges, there are successful models of local government involvement in global governance. The Global Task Force of Local and Regional Governments (GTF), for example, has effectively coordinated local governments to address global challenges like inequality, water scarcity, and peace-building (CEMR, 2023). By advocating collectively, local authorities have positioned themselves as active participants in shaping global policy frameworks, not merely as service providers.
The GTF model demonstrates the potential of local governments to engage in global decision-making. Expanding this model within the UN system could institutionalize the role of local authorities, ensuring that their voices are heard and that global policies reflect local needs and realities.
Safeguarding Local Democracy and Human Rights
The Pact for the Future also raises concerns about the future of local democracy. In many regions, particularly under authoritarian regimes, local governments' powers are increasingly restricted. Centralized regimes often curtail local authorities' ability to address human rights issues and represent their communities effectively (Paradiplomacia.org, 2023). The pact does not sufficiently address these threats, leaving local governments vulnerable to political pressures that undermine democratic governance and local autonomy.
Local democracy is a fundamental pillar of human rights. Local governments ensure participatory governance, accountability, and direct engagement with citizens. The international community must act to protect local governments from authoritarian overreach, ensuring that they can operate independently and uphold democratic values.
The Summit of the Future and the Path Forward
The Summit of the Future, held in September 2024, played a crucial role in shaping the Pact for the Future (Resolution A/RES/79/1), with chapters on:
1. Sustainable development and financing for development
2. International peace and security
3. Science, technology, and innovation and digital cooperation
4. Youth and future generations
5. Transforming global governance
The Summit of the Future produced not only the Pact for the Future, but also a Global Digital Compact and a Declaration on Future Generations (Resolution 76/307), both of which were annexed to the pact. The negotiations, facilitated by Namibia and Germany (Pact), Zambia and Sweden (Digital), and Jamaica and the Netherlands (Future Generations), reflect the international community's focus on creating a multilateral system that is inclusive and effective.
The draft Pact for the Future has the potential to shape a more equitable global governance system, addressing the realities of today and ensuring that solutions work for everyone. To support these efforts, the Secretary-General's 11 policy briefs, based on ideas from the Our Common Agenda report, provided critical proposals for these negotiations .
Strengthening International Cooperation: Key Recommendations
To fully empower local and regional governments in global governance and human rights, several key actions should be taken:
1. Recognize Local Governments as Equal Policy-Makers: Local authorities must be treated as partners in shaping global policies, rather than mere implementers, allowing them to contribute their expertise and ensure solutions are tailored to local contexts.
2. Provide Financial and Institutional Support: Local authorities, particularly in developing countries, require increased financial resources and institutional capacity to meet the demands of the 2030 Agenda.
3. Protect Local Democracy: The Pact for the Future must include stronger mechanisms to safeguard local democracy, especially in regions facing authoritarian threats.
4. Expand the Global Task Force Model: Expanding the Global Task Force framework would institutionalize local governments' role in global decision-making, ensuring their voices are included at the highest levels.
The Pact for the Future and Article 83 mark a significant step towards recognizing the importance of local and regional governments in achieving sustainable development and protecting human rights. However, for this recognition to have real impact, substantive changes must be made to empower local authorities as policy-shapers, address financial and institutional challenges, and safeguard local democracy. Only then will local governments be fully equipped to contribute to a more inclusive, sustainable, and just future.
Roberto Carlos Román Don
References
CEMR. (2023). Fabrizio Rossi on the Role of Local Governments in Global Development. Council of European Municipalities and Regions.
OECD. (2022). Decentralisation and Local Governance in the Context of Global Challenges. Organisation for Economic Co-operation and Development.
Schrijver, N. (2016). Managing the Global Commons: Common Good or Common Sink? Third World Quarterly, 37(7), 1252-1267.
Paradiplomacia.org. (2023). Salvaguardar la democracia local y los derechos humanos. Retrieved from https://paradiplomacia.org/
United Nations. (2021). Our Common Agenda – Report of the Secretary-General.
United Nations. (2024). Pact for the Future: Advancing Sustainable Development through Local Governance. UN Official Report. Retrieved from https://www.un.org/en/summit-of-the-future/pact-for-the-future
Pic by https://unsplash.com/photos/a-blurry-photo-of-a-beach-with-a-house-in-the-background-Xz8zOfGNaTI
Curator Montse Domínguez i Munllonch
Photos by Roberto Carlos Román Don
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