A/HRC/11/10
page 12
State party”.19 In its concluding observations on Guyana’s report in 2000, the Committee on the
Elimination of Discrimination against Women noted that “the implementation of structural
adjustment programmes and the increasing debt burden, as well as political instability, have
impeded progress in the full realization of women’s rights”.20
35. It is worthy of note that the Committee on Economic, Social and Cultural Rights has often
recommended to States parties to the International Covenant on Economic, Social and Cultural
Rights to take into account their duties under the Covenant within the context of their relations
with international financial institutions, such as the IMF, the World Bank and the World Trade
Organization. Thus, for example, while acknowledging the challenges posed by external debt
repayments and structural adjustment policies in regard to the capacity of States to fulfil their
human rights obligations, the Committee has urged borrower States to take into account their
obligations under the Covenant in all aspects of their negotiations with these international
financial institutions in order to ensure that economic, social and cultural rights, particularly of
the most vulnerable sectors of society, are not undermined. It has also encouraged creditor
countries to do all they can to ensure that the policies and decisions of the international financial
institutions of which they are members, in particular the International Monetary Fund and the
World Bank, are in conformity with the obligations of States parties to the Covenant, particularly
the obligations contained in articles 2 (1), 11, 15, 22 and 23 concerning international assistance
and cooperation.21
36. Under international human rights law, States have the primary responsibility of ensuring
that all people under their jurisdiction enjoy basic human rights, such as the rights to health care,
education, food, safe drinking water, and adequate housing. Thus, Governments should not be
placed in a situation where they are unable to ensure the realization of basic human rights
because of excessive debt repayments.
37. States’ responsibility to ensure the enjoyment of basic human rights may take priority over
States’ responsibility to repay their debt obligations, particularly when these payments further
19
CRC/C/15/Add.156, para. 9; see also CRC/C/15/Add.190 (Sudan); CRC/C/15/Add. 193
(Burkina Faso); CRC/C/15/Add. 179 (Niger); CRC/C/15/Add.160 (Kenya); CRC/C/15/Add.174
(Malawi); CRC/C/15/Add.172 (Mozambique); CRC/C/15/Add.218 (Madagascar);
CRC/C/15/Add.138 (Central African Republic); CRC/C/15/Add.204 (Eritrea);
CRC/C/15/Add.130 (Suriname); CRC/C/15/Add.115 (India); CRC/C/15/Add.207 (Sri Lanka);
CRC/C/15/Add.197 (Republic of Korea); CRC/C/15/Add.124 (Georgia); CRC/C/15/Add.152
(Turkey); and CRC/C/15/Add.186 (Netherlands).
20
A/56/38 (SUPP), para. 161; see also A/55/38 (SUPP), para. 44 (Cameroon); A/57/38 (SUPP),
para. 149 (Uganda); A/56/38 (SUPP), para. 227 (Jamaica); A/57/38 (SUPP), para. 155 (Trinidad
and Tobago); and A/56/38 (SUPP), para. 227 (The Netherlands).
21
See E/C.12/1/Add.54, para. 31; (Belgium); E/C.12/1/Add.43, para. 20; (Italy);
E/C.12/1/Add.68 (Germany); E/C.12/1/Add.70, para. 24; (Sweden); E/C.12/1/Add.72, para. 32;
(France); E/C.12/1/Add.79, para. 26; (United Kingdom); and E/C.12/1/Add.77, para. 37;
(Ireland).
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