A/HRC/14/21
United Nations
General Assembly
Distr.: General
29 April 2010
Original: English
Human Rights Council
Fourteenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the 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, Cephas Lumina*
Summary
Despite their limitations, international debt relief efforts have helped reduce the
external debt burden of heavily indebted poor countries (HIPCs) and contributed to the
creation of fiscal space for resources to be channelled to poverty-reducing expenditures and
economic development in these countries. Evidence also suggests that the additional fiscal
space has allowed some HIPCs to increase their public spending on essential, human rightsrelated social services, such as health care and education, thereby contributing to the
realization of human rights, particularly economic, social and cultural rights, in these
countries.
Nevertheless, the voluntary nature of these debt relief measures has created
opportunities for some commercial creditors to eschew such efforts and then attempt to
recover the full value of their debt through litigation. These creditors — termed “vulture
funds” — purchase the defaulted debt at significant discounts, hold out for other creditors
to cancel their debts and then aggressively pursue repayments that are vastly in excess of
the amount that they paid for the debt. These activities not only dilute the impact of debt
relief by reducing the resources available to the targeted debtor countries to finance
development and reduce poverty, they also diminish the capacity of indebted poor countries
to create the conditions necessary for the realization of human rights, particularly
economic, social and cultural rights.
The present report, which is submitted in accordance with Human Rights Council
resolution 11/5, is intended to draw global attention to the adverse impacts of vulture fund
activities on debt relief and on the capacity of poor countries to fulfil their human rights
* Late submission.
GE.10-13156 (E)
010610
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