A/HRC/14/21
implement legislative measures (which the courts would be bound to apply) to protect
vulnerable countries from vulture fund activity.
V.
Conclusions and recommendations
67.
Despite their limitations, international debt relief initiatives have helped reduce
the debt burdens of heavily indebted poor countries (HIPCs) and create fiscal space
for poverty-reducing expenditures in these countries. There is some evidence that
reduced debt burdens and improved fiscal space has led to increased investment in
essential social services related to human rights, such as health and education, in these
countries.
68.
Nevertheless, the voluntary nature of international debt relief schemes has
created opportunities for vulture funds to acquire defaulted sovereign debt at vastly
reduced prices and then seek repayment of the full value of the debt through
litigation, seizure of assets or political pressure. While the debts held by vulture funds
do not represent the bulk of poor countries’ debt, awards in vulture fund lawsuits
represent a considerable burden on the budgets of these countries. Further, vulture
fund activities complicate sovereign debt restructuring by causing inequitable burden
sharing among creditors, and undermine trade and investment relations of the
countries that they target. They may also hamper efforts by HIPCs to normalize their
financial relationships with the international banking community.
69.
By forcing HIPCs, through litigation and other means, to divert financial
resources saved from debt cancellation, vulture funds diminish the impact of, or dilute
the potential gains from, debt relief for these countries, thereby undermining the core
objectives of internationally agreed debt relief measures. Vulture funds profiteer at
the expense of both the citizens of HIPCs and the taxpayers of countries that have
supported international debt relief efforts.
70.
From a human rights perspective, the settlement of excessive vulture fund
claims by poor countries with unsustainable debt levels has a direct negative effect on
the capacity of the Governments of these countries to fulfil their human rights
obligations, especially with regard to economic, social and cultural rights, such as the
rights to water and sanitation, food, health, adequate housing and education.
71.
The various initiatives (including the creation of legal support funds, voluntary
codes and provision of legal advice) that have been undertaken at the international
level to address vulture fund activity have all contributed towards addressing the
negative effects of vulture fund activity on debt relief. However, these initiatives are
insufficient. Given that the success rate of past litigation may generate more lawsuits
against HIPCs, more concrete, legally enforceable measures are urgently required to
curb predatory creditor activity and preserve the gains from international debt relief
efforts.
72.
Consideration should be given to making international debt relief schemes
legally binding on all creditors (including commercial creditors). This would help
prevent the exploitation of the proceeds of debt cancellation by unscrupulous
creditors.
73.
The absence of an international insolvency procedure concerning defaulted
sovereign debt creates opportunities for vulture funds to profiteer at the expense of
HIPCs and other creditors. Consequently, urgent consideration should be given to the
establishment of a fair and transparent debt resolution mechanism at the
international level. As the independent expert intimated in his report to the General
20
GE.10-13156
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