A/HRC/14/21
32.
Nevertheless, the voluntary nature of the two international debt relief schemes
discussed above creates opportunities for individual creditors to refuse to participate and
then attempt to recover — through litigation, seizure of assets or political pressure — the
full value of their debt.36 In particular, this has enabled vulture funds to purchase defaulted
debts and to litigate for the full face value at the expense of the debtor country and of other
creditors.
33.
Vulture fund litigation prevents heavily indebted poor countries from using
resources freed up by debt relief for their development and poverty reduction programmes,
and therefore diminishes the capacity of these countries to create the conditions necessary
for the realization of human rights for their people. Money that is earmarked for poverty
reduction and basic social services, such as health and education, is diverted to settling the
substantial claims of vulture funds. In short, vulture funds erode the gains from debt relief
for poor countries and jeopardize the fulfilment of these countries’ human rights
obligations.
34.
It has been estimated that the average potential impact of vulture fund litigation
against HIPCs amounts to 18 per cent of spending on health care and education, 59 per cent
of debt repayments, and 5 per cent of budget revenue. A 2007 study by Debt Relief
International found that lawsuit costs amount to 52 per cent of health and education in the
Niger and 98 per cent of revenue in Cameroon. In 2008, the World Bank and IMF
estimated that the potential impact of court awards varied from less than 0.5 per cent of the
debtor country’s GDP to 49 per cent in the case of Liberia.37
35.
Vulture fund litigation can also be lengthy and costly for HIPC countries, thereby
diverting much needed resources and attention from pressing development, social and
human rights issues. According to AfDB, vulture funds “grind down poor countries in
cycles of litigation” and many lawsuits typically take 3 to 10 years to settle.38
36.
It is noteworthy that the World Bank and IMF have recognized that litigation by
commercial creditors has been “an impediment to the delivery of full debt relief to
HIPCs”.39 Similarly, the European Commission has acknowledged that cases of aggressive
litigation by commercial creditors have diluted some of the benefits of debt relief
initiatives. In 2007, the Paris Club acknowledged that litigation against HIPCs “is a cause
of concern for the international community”.40
IV. Official initiatives to tackle vulture funds
37.
A number of initiatives have been adopted or are being considered at the
international and national levels to tackle vulture funds. In this section, the independent
expert sketches these initiatives and briefly addresses some of the key concerns raised in
relation to the potential adverse consequences of proposed national legislative measures on
the development prospects of the intended beneficiaries – HIPCs.
36
37
38
39
40
12
Thus, even when a country reaches the completion point, creditors retain their legal rights to enforce
claims against the country concerned.
IDA and IMF, “HIPC Initiative” (2008) (see footnote 5), para. 38.
AfDB, “Vulture funds” (see footnote 1).
IDA and IMF, “HIPC Initiative” (2009) (see sect. III, footnote 7), para. 24.
See www.clubdeparis.org/sections/types-traitement/reechelonnement/initiative-ppte/sujets-relatifsaux/sujets-relatifs-aux.
GE.10-13156
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