A/HRC/41/51
advantage of opportunities arising from debt waivers granted by creditor countries,
particularly European, or blocking worldwide the assets of the countries concerned and
threatening them with bankruptcy”.48
54.
In 2014 and 2015, the Ministers for Foreign Affairs of the member States of the
Group of 77 and China recognized that the speculative activities of vulture funds posed a
risk to all future debt-restructuring processes, for both developing and developed countries.
They further stressed the importance of not allowing vulture funds to paralyse the debtrestructuring efforts of developing countries and affirmed that those funds should not
supersede the right of a State to protect its people under international law (A/69/423, annex,
para. 29, and A/70/410, annex, para. 33).
55.
In 2018, the European Parliament passed a resolution in which it acknowledged that
“vulture funds targeting distressed debtors and interfering with the debt-restructuring
process should not receive legal or judicial support for their pernicious activities”. It also
called on European Union member States to adopt, on the initiative of the European
Commission, a regulation based on the Belgian law on combating debt speculation by
vulture funds.49
VII. Towards a multilateral framework on debt restructuring
56.
Responding to the increasing demand for international action, in September 2014 the
General Assembly adopted its landmark resolution 68/304 entitled “Towards the
establishment of a multilateral legal framework for sovereign debt restructuring processes”,
in which it called for a legal framework aimed at facilitating the orderly restructuring of
sovereign debts and capable of deterring creditors from disruptive litigation. The Assembly
expressly emphasized that the activities of vulture funds undermined the purpose of debt
restructuring processes by forcing indebted countries to divert many of their resources to
handling such litigation. One year later, the Assembly endorsed a set of principles that
should guide the establishment of an international orderly sovereign debt-restructuring
workout.50
57.
The principle of sustainability entails promoting sustained and inclusive economic
growth and development that leads to stable debt situations. That means that debt
sustainability is only achieved when debt service does not result in violations of human
rights and human dignity, and does not prevent the attainment of international development
goals (see A/HRC/40/57, paras. 12.2 and 12.3).
58.
It is in that context that in its resolution 27/30, the Human Rights Council called
upon States to curtail the activities of vulture funds by implementing national frameworks
and expressly recognized the negative impact the repayment of debts under predatory
conditions caused to the capacity of a State to fulfil its human rights obligations. Some
months before, 100 civil society organizations worldwide had supported the establishment
of an international mechanism for the restructuring of sovereign debt “based on the
obligation of States to respect, protect and enforce human rights, both in their territory and
extraterritorially”.51
59.
In view of the efforts and the progress made over the past years, it is difficult to
understand the reasons behind the current political deadlock in the process aimed at setting
up a debt-workout institution, building on General Assembly resolution 69/319 on Basic
Principles on Sovereign Debt Restructuring Processes. In April 2018, the European
Parliament insisted on the need to set up an international debt-workout mechanism capable
48
49
50
51
12
See recommendation 1870 (2009), available from http://assembly.coe.int/nw/xml/XRef/XrefXML2HTML-en.asp?fileid=17748&lang=en.
See resolution of 17 April 2018 on enhancing developing countries’ debt sustainability
(2016/2241(INI)), paras. 32 and 37.
See resolution 69/319.
See “The conflict between Argentina, the vulture funds and the judicial branch of the United States
exposes a global problem that impacts on human rights”.
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