A/HRC/20/23
accordingly to reflect the primacy of human rights. Debtor States’ budgetary allocations
should reflect the priority of human rights-related expenditures.
50.
Debtor States should not allow their external debt repayments to reach an excessive
or disproportionate level at which they can no longer perform their minimum core
obligations as referred to in section II.
51.
Debtor States should avoid deliberately adopting retrogressive measures as defined
in Section II in order to allocate more financial resources to external debt repayments.
Renegotiation and restructuring
52.
The obligation of debtor States to repay under a valid and legitimate external debt
agreement must be honoured. However, circumstances rendering the debt unpayable (such
as severe financial distress of the borrower and natural disasters) may warrant changes in
the reciprocal obligations between a debtor State and its creditors.
53.
Debtor States which experience difficulty in repaying their external debts should
renegotiate these with their creditors with the aim of reaching a restructuring agreement that
enables the debtor State to service its external debts without compromising its capacity to
fulfil its international human rights obligations as mentioned in section II or implement its
development goals.
54.
The renegotiation and restructuring should be conducted in good faith and should
cover all types of external debts owed to all types of external creditors, including
international financial institutions.
Debt relief
55.
The alleviation of debt and debt-service burdens of heavily indebted countries,
including through debt relief efforts (such as debt forgiveness, debt rescheduling, debt
service reduction and interest moratorium), should take place in the context of the
realization of all human rights, particularly economic, social and cultural rights.
56.
Debt relief efforts must not compromise the provision of basic services. In
particular, debt relief conditions that may adversely impact the realization of human rights
or undermine development in the beneficiary State must be avoided.
57.
Financing from debt relief must neither replace official development assistance nor
be considered as such.
Debt moratorium
58.
When a change in circumstances beyond the control of the Borrower State arises, the
parties should negotiate and agree on a moratorium on debt repayment. Such a moratorium
should apply to the principal, interest, commission and penalties and should apply
throughout negotiations on debt restructuring.
Sale of debt on the secondary market
59.
Loan agreements should impose clear restrictions on the sale or assignment of debts
to third parties by creditors without the prior informed consent of the Borrower State
concerned. Every effort must be directed towards achieving a negotiated settlement
between the creditor and the debtor.
60.
Where a debt has been sold or assigned after the failure of settlement negotiations
between the creditor and debtor, all relevant provisions contained in the original loan
agreement, such as interest rates and change of circumstances, should apply.
17
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