A/HRC/41/51
manifestly abusive behaviour); or (d) a restructuring proposal has been accepted by two
thirds of the creditors. Seizures are allowed, but only up to the amount obtained by goodfaith creditors, namely those that participated in debt restructuring negotiations and
accepted their results.44
47.
Given that the French law is a positive step against the activities of vulture funds, it
is regrettable that it will not apply to debts acquired before its entry into force. That leaves
out of its scope the great majority of “unprotected” sovereign bonds.45
Comparison of laws
on vulture funds by
country
Applies to all
countries
Applies to
old debts
Applies to
new debts
Applies to all
companies
Prevents suing
for more than
paid for debt
Prevents suing
for more than
other creditors
have accepted
Belgium (2015)
√
√
√
/X
√
X
France (2016)
X
X
√
√
X
√
UK (2010)
X
√
X
√
X
√
Source: Jubilee Campaign.
VI. Forging an international consensus
48.
A growing consensus on the need to curb the activities of vulture funds has emerged
over the past 10 years. A number of States have expressed in several forums their support
for undertaking common actions aimed at protecting heavily indebted poor countries from
vulture funds and, more generally, at the establishment of an international mechanism for
orderly debt restructuring.
49.
At a meeting of the Group of Eight, held in May 2007, finance ministers and
governors of central banks expressed their concern about the problem of aggressive
litigation against heavily indebted poor countries and urged all sovereign creditors not to
sell claims on those countries.
50.
The same year, Commonwealth finance ministers emphasized the need for concerted
international action to address vulture funds litigation and urged Governments to introduce
legal protection to ensure that debt relief was provided, as a minimum, on terms equivalent
to the heavily indebted poor countries framework.
51.
In 2008, the member States of the European Union committed not to sell claims on
heavily indebted poor countries to creditors unwilling to provide debt relief. A year earlier,
the Paris Club had endorsed a similar position.
52.
The signatories of the 2008 Doha Declaration on Financing for Development
expressed identical concerns.46 The declaration welcomed steps taken to prevent aggressive
litigation against “HIPC-eligible countries” and called on creditors not to sell claims on
such countries to those refusing to participate adequately in debt relief efforts.47
53.
In 2009, a recommendation of the Parliamentary Assembly of the Council of Europe
strongly condemned the activities of vulture funds, which “have no compunction in taking
44
45
46
47
See Fanny Galois, “Fonds vautours. La France réagit aussi” (10 April 2018), available from
www.cadtm.org.
According to the IMF, the 70 per cent of the bonds that do not contain enhanced clauses to protect
good-faith bondholders will expire in the next 10 years. In 2014, its Executive Board endorsed the
inclusion of enhanced clauses (pari passu provisions and collective action clauses) in all new
international sovereign bonds. See IMF, “Third progress report on inclusion of enhanced contractual
provisions in international sovereign bond contracts” (December 2017).
See General Assembly resolution 63/239, annex.
Ibid., para. 60. In the Addis Ababa Action Agenda, signatories reiterated their concern at noncooperative creditors who had demonstrated their ability to disrupt timely completion of debt
restructuring (para. 98).
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