A/HRC/20/23
The shared responsibility of creditors and debtors
23.
Creditors and debtors share responsibility for preventing and resolving unsustainable
debt situations.7 For creditors, this includes the obligation to perform due diligence on the
creditworthiness and ability to repay of the borrower as well as the duty to refrain from
providing a loan in circumstances where the lender is aware that the funds will be used for
non-public purposes or for a non-viable project. For debtor States, this entails an obligation
to contract loans and use the loan funds in ways that serve the public interest and repay the
debt in a timely fashion.
24.
The mutual accountability of creditors and debtors for their decisions is an important
precondition for the establishment of an equitable global financial system.
Ensuring an independent process of national development
25.
Every State has the sovereign and inalienable right to implement a process of
national development independently and free from pressure, influence or interference from
external actors, including other States and international financial institutions. An
independent process of national development means that the legitimate leaders of the
people have effective control over the direction of the country’s economic development.
This process should be transparent, participatory, accountable and responsive.
26.
The right to self-determination requires the legitimate authorities of a State to have
independent control over the direction of a State’s economy (i.e. where it is going) and
effective involvement in economic planning (i.e. how to get there).
27.
The principle of permanent sovereignty over natural resources implies the right of
all States to possess, use, or otherwise dispose of their natural wealth and resources as they
deem proper, free from pressure, influence or interference from external actors, including
other States and international financial institutions. State sovereignty must be exercised in
full compliance with and respect for human rights, paying particular attention to the most
vulnerable groups in society.
Transparency, participation and accountability
28.
Transparency, participation and accountability are core values that should be
observed in the lending and borrowing decisions by States, international financial
institutions and other actors as appropriate, the negotiation and execution of loan
agreements or other debt instruments, the utilization of loan funds, making of debt
repayments, the renegotiation and restructuring of external debts, and implementation of
debt relief when appropriate.
29.
Transparency requires the full disclosure of all relevant information regarding loan
agreements, debt repayments, debt management, outcomes of public debt audits and other
related matters.
30.
Participation requires effective and meaningful input from all stakeholders
(including project beneficiaries) in loan policy and resource utilization decisions.
31.
Accountability requires remedial measures that ensure decision-makers are
answerable, if warranted, for their actions regarding external debt agreements or
arrangement, as well as external debt policies and strategies.
7
14
Report of the International Conference on Financing for Development, Monterrey, Mexico, 18-22
March 2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex, para.
47.
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