A/HRC/41/51
Activities of vulture funds hinder the capacity of a State to fulfil economic, social and
cultural rights
65.
Litigation by vulture funds represents a substantial burden on the budgets of already
poor countries. Harmful conditions of loans or high and abusive interest rates may make
repayment extremely difficult. The State having to repay far more than the amount
originally borrowed may be obliged to redirect resources into debt service that had been
previously allocated to essential public services or even worse, to introduce long-term
austerity policies (ibid., para. 59). Such a course of action hinders the capacity of a State to
fulfil economic, social and cultural rights (namely to adopt appropriate measures towards
their full realization) and, ultimately, has an impact on the economic growth and
development of the country.57
66.
Human rights monitoring bodies have analysed how an excessive burden of high
external debt repayments can significantly reduce the resources available for social
investment. In fact, it has been demonstrated that in many countries, debt repayment is
often carried out at the expense of basic human rights, including the rights to food, health,
education, adequate housing and work. In the case of Ecuador, for example, the Committee
on Economic, Social and Cultural Rights noted that the high percentage of the annual
national budget (about 40 per cent) allocated for foreign debt servicing seriously limited the
resources available for the effective enjoyment of economic, social and cultural rights
(E/C.12/1/Add.100, para. 9).
67.
The case of Malawi may be extreme, but it shows how debt repayment affected the
country’s capacity to create the necessary conditions for the realization of economic and
social rights. In 2002, the Government had to sell the maize from its national food reserve
agency to raise the funds needed to repay loans. Unfortunately, a poor harvest that year, left
7 million people, out of a population of 11 million, facing serious food shortages
(A/HRC/11/10, para. 30).
Activities of vulture funds jeopardize international poverty reduction initiatives
68.
The ability of vulture funds to jeopardize the objectives of the IMF and World Bank
Heavily Indebted Poor Countries Initiative is striking, particularly bearing in mind that it
aims to ensure the debt sustainability of poor countries. 58 In a number of cases, it has been
clearly demonstrated that resources freed up for development and poverty reduction
programmes were used to service debt owed to vulture funds. That situation has led human
rights monitoring bodies to urge the States concerned to reallocate international
development aid and other resources to priority sectors and to ensure that international
development aid is used for the progressive realization of the rights to an adequate standard
of living (see, for example, E/C.12/COD/CO/4, para. 29).
69.
A good example is the case of the Democratic Republic of the Congo. In 2014, a
district court in the United States ruled that the country had to pay nearly $70 million to a
vulture fund for an $18 million debt acquired in 2008, dating back to the regime of former
dictator Mobutu Sese Seko in the 1980s. 59 On the basis of the improved fiscal situation
resulting from international debt reduction programmes, the country was ordered to pay the
claims of the vulture funds. This example shows how domestic rulings can clearly
57
58
59
14
The obligation of a State to fulfil requires positive measures when other measures have not succeeded
in ensuring the full realization of such rights and can entail issues such as public expenditure,
governmental regulation of the economy, the provision of basic public services and infrastructure,
taxation and other redistributive economic measures. See OHCHR, Economic, Social and Cultural
Rights: Handbook for National Human Rights Institutions (United Nations publication, Sales No.
E.04.XIV.8), p. 18.
The scheme was first launched in 1996 and was supplemented in 2005 by the Multilateral Debt Relief
Initiative.
See Themis Capital, LLC and Des Moines Investments Ltd. v. Democratic Republic of Congo and
Central Bank of the Democratic Republic of the Congo, 14 July 2014.
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