A/HRC/37/63
institutions. He is persuaded that IMF must change its priorities, give up the outdated loan
conditions of privatization, deregulation of markets and “austerity” in social services, which
in the past have resulted in human rights violations, including in Greece, Argentina and
Tunisia, to name but a few.
70.
Bearing in mind that power dynamics are changing, it is time for the World Bank
and IMF to discover a new vocation to promote development and human rights through
“smart” lending practices that benefit not only banks and speculators, but billions of human
beings.
71.
Henceforth, IMF should make loans subject to a new set of conditions, including:
(a)
A moratorium on military expenditure for the duration of the loan;
(b)
Adoption of national legislation that ensures that national and transnational
corporations pay their taxes, while profit-shifting and tax havens are outlawed;
(c)
Adoption of legislation imposing fines on persons and corporations that
evade taxes and obliging citizens who have money hidden offshore to repatriate their
wealth within a defined period of time, or face penal sanctions;
(d)
Adoption of legislation to prevent corruption and bribes, accompanied by
effective monitoring mechanisms;
(e)
Enactment of financial transactions tax legislation;
(f)
Assurances by borrower States that no part of any loan would be used to
satisfy claims by vulture funds.
72.
These proposals would enable States to generate revenue to pay back IMF loans and
satisfy the legitimate concerns of creditors. At the same time, they would ensure that States
can continue to meet their human rights obligations and fulfil the Sustainable Development
Goals.
73.
The human rights dimension in lending can no longer be ignored. No international
financial institution, no transnational corporation and no trade agreement is above
international law. All must respect the overarching international human rights treaty regime.
74.
Implementing these recommendations will benefit the entire human family. Only
through the concerted efforts of IMF and the World Bank — together with the United
Nations — will a more democratic and equitable international order emerge.
K.
Gender equality
75.
It is high time that a woman be elected Secretary-General and that a woman be
elected President of the General Assembly.
V. Conclusions and recommendations
76.
The Independent Expert wishes to reaffirm his commitment to strengthening
the special procedures of the Human Rights Council, which have proven their worth
over the past decades. As a mandate holder, the Independent Expert is required to be
independent, which means always ready to listen to all stakeholders, keeping an open
mind, conducting research objectively and without ideological prejudices, consistent
with the principle audiatur et altera pars, and impervious to the pressures of political
correctness and to self-censor. The essence of an independent expert is not merely his
or her expertise — which must be considered a given — but the faculty to think inside
and outside the box, while rigorously respecting the terms of reference laid down in
the resolution establishing the mandate, and observing the code of conduct. While
inevitably belonging to a certain cultural and educational background, the rapporteur
must be able to jump over his or her own shadow and get at the facts.
77.
Naming and shaming is doomed to failure when the party doing the naming
lacks moral authority and has skeletons in the closet. A more promising strategy is to
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