A/HRC/34/57
human rights institutions and other civil society organizations representing groups
that may be marginalized and disadvantaged can play a useful role in monitoring the
effects of labour market reforms jointly with trade unions and employer’s
organizations.
63.
There is also a need to reflect upon and devise more inclusive negotiation
procedures for dealing with sovereign debt restructuring. In particular, when
sovereign debtors and their creditors negotiate the terms of a debt restructuring or
new lending with financial institutions, unemployed people, workers, their unions and
national human rights institutions should have full access to and be able to participate
in this debate. The outcome of these decisions may imply official or informal
commitments to pass labour law reforms or budgetary restrictions that may affect the
labour market, the functioning of the economy and the public finances in a way that
impairs the employment prospects in the State concerned.
D.
Incorporate labour rights in policies of international, regional and
national financial institutions
64.
International and regional financial institutions and national development
banks should include in their policy documents an explicit commitment to respect
human rights, including labour rights, in their lending policies and to exercise human
rights due diligence when taking lending decisions.
65.
Lending agreements should contain the recognition of labour and trade union
rights, including the freedom of association and effective recognition of the right to
collective bargaining and the right to strike. They should, furthermore, require
consultation with trade unions and employer organizations on matters affecting them.
66.
International and regional financial institutions and national development
banks should develop policies to deal effectively with alleged violations of labour
rights in the macroeconomic reform programmes and projects that they finance. The
independent complaints mechanisms of international and regional financial
institutions and national development banks should be able to receive and address
such grievances and complaints in accordance with the Guiding Principles on
Business and Human Rights.92
E.
Ensure policy coherence on labour standards within international
organizations
67.
A significant lack of coordination persists between key lending institutions,
such as IMF, and the competent international organizations when it comes to labourrelated conditionality. This is problematic not only because IMF has recognized that
structural reforms institutions, such as ILO, “may be better placed to advise”,93 but
also because such lack of coordination entails the risk that adverse effects of policy
proposals are not adequately identified and addressed. States and international
financial institutions considering labour law reforms should systematically, and in a
timely manner, consult with international organizations that have expertise in this
area, notably ILO. ILO can, if necessary, also assist with fostering dialogue and
92
93
See A/HRC/17/31, annex.
IMF, “Jobs and growth: analytical and operational considerations for the Fund” (Washington, 2013),
p. 46. Available at https://www.imf.org/external/np/pp/eng/2013/031413.pdf.
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