A/HRC/11/10
page 2
Summary
The present report is submitted in accordance with Human Rights Council resolution 7/4 of
27 March 2008, in which the Council decided to redefine the mandate of the independent expert
on the effects of economic reform policies and foreign debt on the full enjoyment of all human
rights, particularly economic, social and cultural rights, and to rename it “independent expert on
the effects of foreign debt and other related international financial obligations of States on the
full enjoyment of all human rights, particularly economic, social and cultural rights”, and also
decided to extend the mandate for a period of three years.
In section I of the report, the independent expert briefly recalls the plan of implementation
of the mandate and the broad objectives it seeks to achieve, as outlined in his preliminary report
to the General Assembly (A/63/289). In section II he outlines the activities that he has
undertaken since assuming his mandate in May 2008. In section III he proposes a preliminary
conceptual framework for understanding the connection between foreign debt and human rights,
based on international legal standards. The framework includes a definition of foreign debt, a
brief discussion of the relationship between foreign debt and human rights, the value of a human
rights-based approach to foreign debt, a review of international standards that are relevant to the
mandate, States’ obligations in the framework of international cooperation, the obligations of
international financial institutions, and the principle of shared responsibility. While
acknowledging the important role of the international financial institutions in addressing the debt
crisis, the independent expert argues that a human rights-based approach to foreign debt offers
specific value through its emphasis on participation, non-discrimination, transparency,
accountability and the universality, interdependence and indivisibility of all human rights, to
ensure that the goals of development in general and debt relief measures in particular are
consistent with international human rights standards.
Finally, in section IV the independent expert outlines the issues to which he will devote
attention during the period 2009-2010. These include the review and development of the draft
general guidelines on foreign debt and human rights, exploring the linkages between trade and
debt, and examining the issue of illegitimate debt.
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