A/HRC/20/23
continue to work on the guidelines, including by seeking “the views and suggestions of
States, international organizations, United Nations agencies, funds and programmes [and]
regional economic commissions”. In its decision 12/119, the Council requested OHCHR to
assist the Independent Expert in the organization and holding of regional consultations on
the guidelines.
12.
With the support of OHCHR, the Independent Expert held four regional
consultations between June 2010 and June 2011 (Latin America and the Caribbean in June
2010; Africa in November 2010; Asia Pacific in February 2011; and Western Europe and
other groups in June 2011).19 These consultations, which brought together government
representatives, members of parliament, regional economic commissions, international
financial institutions, civil society organizations, individual experts and other stakeholders,
generated ideas, based on regional experiences and perspectives, on how best the guidelines
could assist States in complying with their human rights obligations while fulfilling their
obligations under their debt arrangements.
13.
In November 2011, the Independent Expert convened an expert meeting to review a
new draft that he had prepared based on the insights from the regional consultations. In
February 2012, he convened a public consultation in Geneva on the updated text of the
guiding principles that had been prepared following the aforementioned expert meeting.
Several States and civil society organizations participated in this consultation. The text of
the principles was also placed on the Independent Expert’s web page together with an
invitation for public comments. Several stakeholders, including States, international
financial institutions, regional economic commissions, civil society organizations and
individuals provided written comments on the new draft. 20
14.
The final text of the guiding principles now before the Council is the outcome of the
broad and inclusive process of consultation outlined above. The Independent Expert
acknowledges the invaluable contributions of the broad range of stakeholders in
contributing to the articulation of a universally applicable framework on foreign debt and
human rights that is designed to ensure that the obligations assumed by States under debt
and other international financial arrangements do not undermine their capacity to create the
conditions for the realization of all human rights, particularly economic, social and cultural
rights and the right to development.
III. Overview of the principles
15.
In line with the views that emerged from the regional consultations and in keeping
with the standards developed by other special procedures mandate holders, the Independent
Expert has proposed that the guidelines be renamed “guiding principles on foreign debt and
human rights.”
16.
The text of the principles has an introduction and three main sections. The
introduction draws attention to the adverse impact of excessive debt burdens on human
rights and development and highlights the need to strike an appropriate balance between the
obligations of States arising from their external debt arrangements and under international
human rights law. Section I outlines the scope and purpose of the principles; section II
19
20
The Independent Expert submitted a report on the first three regional consultations to the Human
Rights Council in April 2011 (A/HRC/17/37).
The United Nations Secretariat was not able to provide full translation of the comments received in
other languages. Consequently, the Independent Expert had to rely on informal translations provided
by OHCHR staff and he cannot guarantee his full knowledge of their precise content.
7
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