A/HRC/17/37
15.
The consultations addressed the following issues: (a) the key human rights and
international legal principles that should underpin the guidelines; (b) the impact of
economic reform policies and debt relief operations on the capacity of States to design and
implement national development policies and programmes and to fulfil their human rights
obligations; (c) the elements or principles that sovereign loan agreements should contain to
ensure that these agreements do not contribute to the violation of human rights or constrain
the fulfilment of human rights by borrower States; (d) elements of a new, enhanced debt
sustainability framework (based on the principle of shared responsibility of creditors and
debtors for preventing and resolving unsustainable debt situations as underscored in the
Monterrey Consensus of the International Conference on Financing for Development)
which includes an assessment of the impact of debt burdens on the realization of human
rights and the achievement of national development objectives; (e) the need for human
rights impact assessments before and after loan contraction; (f) measures to safeguard gains
from debt relief; (g) mechanisms for public audits of debt and lending portfolios; (h) the
impact of trade liberalization on the capacity of States to fulfil their human rights
obligations and how to ensure the coherence of national and international financial and
trade policies; (i) how to promote transparency and accountability in loan contraction and
use of loan funds as well as effective public debt management; and (j) the role of
parliaments and civil society in holding Governments to account for debt and economic
reform policies that may contribute to human rights violations.
C.
Format
16.
Each regional consultation took place over a period of two days and was divided
into a number of thematic sessions.3 The first day set the context by focusing broadly on
key human rights principles relating to foreign debt, policies on debt and debt relief,
economic reforms, and the impact of these policies on the capacity of States to fulfil their
human rights obligations, as well as the roles and responsibilities of creditors and debtors.
Discussions during the second day focused on the form and content of the guidelines
drawing on the discussions from the first day.
17.
In order to contextualize the discussions, two to three expert panellists made brief
presentations during each session. The presentations were followed by open discussion and
summing up by the session chair.
III.
Latin America and Caribbean regional consultation
A.
Introduction
18.
The Latin America and Caribbean regional consultation was held in Santiago on 18
June 2010. It was organized by OHCHR and co-sponsored by the Economic Commission
for Latin America and the Caribbean. The Independent Expert is grateful for this support
and for the contributions made by all participants.
19.
The consultation was originally scheduled to be held over two days but was held
over one day. Although invitations had been sent by OHCHR to all States in the region
through their permanent missions in Geneva and New York, it appeared that these may not
have been transmitted to the respective capitals. Consequently, the first day of consultations
3
6
The exception was the Latin America and Caribbean consultation, which took place over one day. See
section III of the present report.
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