A/HRC/28/59
it is not the painful payment process which triggers such violations, but rather an indicator
of a domestic crisis fuelling repression. 27
38.
Other studies have assessed whether development assistance or conditionalities
attached to such lending have been able to reduce human rights violations, showing
disparate results.28 While some scholars find that European Union development assistance
has had overall a positive impact on certain human rights, such as the right to freedom of
movement, freedom of religion and workers’ rights, other experts have concluded that
United States foreign aid, despite human rights conditionalities, is associated with increased
physical integrity violations.29
39.
Studies have also been carried out on the impact of economic sanctions on different
autocratic regimes and their human rights record, finding that the likelihood of repression
depends on the type of autocratic system. 30 They have, however, not investigated the impact
of net lending on human rights. The Independent Expert is therefore not aware of any
empirical research tackling the specific question of the link between foreign debt and
regime survival in a systematic way. It is crucial to explore that issue, as the question he is
raising has obvious policy and legal implications.
40.
In the following paragraphs, the Independent Expert will discuss some preliminary
evidence of the relationship between foreign financing and the likelihood that an
authoritarian regime transitions to democratic rule. 31 He is using democratic governance as
a proxy indicator for a low likelihood that gross human rights violations are being
committed. Ideally, reliable data on gross human rights violations would need to be
compiled as well, to assess whether there is a direct correlation between lending and gross
human rights violations, but there are several methodological challenges. For example,
there is no data set available which tracks over a long period and a large number of
countries to what extent States have or have not been engaged in gross violations of human
rights. While several data sets exist, which measure on a country basis violations of
physical integrity, they usually fail to include in a systematic way information produced by
the human rights mechanisms of the United Nations. The Independent Expert was therefore
hesitant about using them for this report.
27
28
29
30
31
Silja Eriksen and Indra de Soysa “A fate worse than debt? International financial institutions and
human rights, 1981–2003”, Journal of Peace Research, vol. 46, No. 4 (July 2009).
For a reflection on and discussion of the link between foreign aid and political liberalization in the
recipient country, see Abel Escribà Folch and Joseph Wright “Foreign Pressure and the Politics of
Autocratic Survival”, ch. 4 (forthcoming from Oxford University Press).
See, for example, Allison Sovey Carnegie, Peter M. Aronow, and Nikolay Marinov, “The effects of
aid on rights and governance. Evidence from a natural experiment”, unpublished working paper, 6
August 2012, available from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2124994. See also
Hyun Ju Lee, “The impact of U.S. foreign aid on human rights conditions in post-Cold War era”,
Iowa State University graduate theses and dissertations, available from
http://lib.dr.iastate.edu/etd/12068.
See, for example, Abel Escribà-Folch, “Authoritarian responses to foreign pressure, spending,
repression, and sanctions”, Comparative Political Studies, vol. 45, No. 6 (June 2012) and Christian
Davenport “State repression and the tyrannical peace”, Journal of Peace Research, vol. 44, No. 4
(July 2007). It is argued that single party systems, especially those that involve more people and
organizations, are less likely to engage in repression than other types of autocratic regimes, such as
dictators or military regimes.
This section is based on research undertaken by the Independent Expert, together with Abel EscribàFolch. See Juan Pablo Bohoslavsky and Abel Escribà-Folch, “Rational choice and financial
complicity with human rights abuses: policy and legal implications” in Making Sovereign Financing
and Human Rights Work, Juan Pablo Bohoslavsky and Jernej Letnar Cernic, eds. (Oxford, Hart
Publishing, 2014).
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents