A/HRC/17/37
need for coherence between trade and debt policies. Attention was drawn to the adverse
impact of macroeconomic conditionalities on the capacity of Governments to deliver
essential social services and to the need for a new approach to debt sustainability, lending
and borrowing and debt resolution that took account of resources needed by Governments
to meet their development objectives.
26.
In one presentation, some basic principles for responsible lending and borrowing
were underlined, including the following: (a) loans must be driven by national needs and
growth strategy; (b) fair interest rates and penalties policies must be applied; (c)
parliamentary and citizen participation and consent are crucial; (d) full public disclosure of
information must be ensured; (e) activities financed must not violate human rights treaties;
(f) independent ex ante long-term integrated impact assessments of viability of project and
details of how risk must be shared between signatories; (g) compliance with social, labour
and environmental standards as enshrined in international agreements must be ensured; and
(h) provision must be made for an independent and transparent arbitration procedure in the
event of repayment difficulties or dispute.
27.
Participants expressed support for the work of the Independent Expert and
welcomed the consultation on the guidelines. Participants further highlighted the need for
an international sovereign debt resolution or restructuring mechanism, under the aegis of
the United Nations, to replace ad hoc mechanisms.
D.
Session III: Core human rights principles and obligations
28.
This session explored core human rights principles and obligations relevant to
foreign debt and economic reform. Participants underscored the importance of adopting a
human rights-based approach5 to foreign debt and related policies. It was stated that one of
the key contributions that the guidelines could make was the utilization of the analytical
framework of respect, protect and fulfil – three levels of State obligations – for the
framework of public policies concerning external debt.
29.
The presentations highlighted the need for: (a) the guidelines to emphasize the
shared responsibility of creditors and debtors for preventing and resolving situations of
unsustainable debt; (b) public scrutiny of loan negotiations; (c) public participation through
domestic representative bodies; (d) a gendered perspective to be central to decision-making;
and (e) debt relief not to be considered official development assistance. It was further noted
that international assistance was not an act of charity, but rather an obligation that States
had assumed through the ratification of international human rights treaties.
30.
One participant stated that given the vulnerability to climate change of some island
States in the region it was necessary to evaluate how that vulnerability affected gross
domestic product and debt management processes.
5
8
A human rights-based approach is a conceptual framework that is normatively based on international
human rights standards and operationally directed towards promoting and protecting human rights.
See OHCHR, Frequently Asked Questions on a Human Rights-based Approach to Development
Cooperation (New York and Geneva, United Nations, 2006), p. 15. See also “The human rights-based
approach to development cooperation: towards a common understanding among United Nations
agencies” (2003).
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