A/HRC/17/37
to their farmers while debtor countries were prevented, by the same creditors, from doing
the same, to the detriment of their farmers.
51.
Finally, concern was expressed that the lack of legal personality of key actors such
as the London and Paris Clubs rendered it difficult to hold them accountable for their
decisions which might have negative impacts on human rights in debtor countries.
E.
Session IV: Loan negotiation, contraction, management and use – the
relevance of human rights principles
52.
This session featured several presentations focusing on various issues relating to
loan negotiation, contraction, management and use. The first presentation outlined the role
of the African Legal Support Facility of AfDB. It was noted that the Facility is an
independent entity which provided assistance to States confronted with lawsuits by vulture
funds, as well as technical assistance on loan negotiations and agreements.
53.
This was followed by presentations on the role of parliament and civil society in
ensuring transparency and accountability in loan contraction, use of loan funds and debt
management. The speakers identified the secrecy around loan negotiations and difficulty in
accessing information on public financial management and loans as key obstacles to
accountability and highlighted the need for parliament and civil society to be involved at
various stages of the loan processes. Several proposals to enhance the capacity of
parliaments to play an effective oversight role were put forward, including (a) strengthening
the research, planning, monitoring and evaluation capacity of parliament, and (b)
strengthening relationships between parliaments and other oversight bodies.
54.
Participants observed that the issue of accountability was not comprehensively dealt
with in the guidelines and underscored the need to ensure participation and oversight by
parliaments and civil society organizations in loan contraction, use and management. Some
participants requested the Independent Expert to facilitate capacity-building sessions for
African parliamentarians on the issue of foreign debt and human rights.
55.
The oversight role of parliament in relation to public debt was acknowledged and the
need for reinforcement of constitutional and legislative frameworks concerning this role
emphasized. In addition, participants underscored the importance of public debt audits as an
accountability mechanism and acknowledged the value of external debt management
initiatives such as those managed by the World Bank and the Commonwealth Secretariat.
F.
Other sessions
56.
The remainder of the sessions focused on the form and content of the draft
guidelines. The sessions were preceded by a sketch of the guidelines by the Independent
Expert.
57.
The discussions highlighted the need for the guidelines to: (a) incorporate references
to international human rights standards (including the Universal Declaration of Human
Rights); (b) stress the obligation of international assistance and cooperation in the
realization of human rights; (c) link the guidelines to the Paris Declaration on Aid
Effectiveness: Ownership, Harmonisation, Alignment, Results and Mutual Accountability;
(d) emphasize that privatization should be nationally driven; (e) be less technical in order to
make them accessible to all; (f) include provisions on an international debt resolution
mechanism; (g) underscore the right of citizens to participate in the formulation of
economic policies; (h) address cases of countries experiencing conflict, post-conflict
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