A/HRC/17/37
programmes, have on the capacity of States to comply with human rights standards, and (b)
identify suggestions on possible recommendations to States, international organizations and
other stakeholders regarding possible policy elements to promote and protect human rights
in developing countries while implementing debt and economic reform programmes.
8.
Following the above-mentioned expert consultation, the then Independent Expert
(Bernards Mudho) presented a preliminary draft of the guidelines to the Human Rights
Council at its seventh session.
9.
The guidelines, which are not intended to be legally binding but are voluntary in
character, include:
(a)
Guidelines on foreign debt proposing, inter alia, a new debt sustainability
framework which takes into account the impact of debt service on a country’s ability to
fulfil its human rights obligations; debt relief operations guided by human rights
considerations; and loan contraction and monitoring;
(b)
Guidelines on economic reform policies calling for, inter alia, a human
rights-based approach to poverty reduction strategies; trade negotiations and policies based
on economic and social impact assessments (including an analysis of potential impact on
human rights); structural reforms guided by international human rights obligations; and
transparent, responsible, accountable and participatory government.
10.
In his report to the Council (A/HRC/7/9), the former Independent Expert stated that
the guidelines required further work and consultations.
11.
In its resolution 7/4, the Council redefined the mandate of the Independent Expert
and renamed it the Independent Expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of all human rights,
particularly economic, social and cultural rights. The Council requested the current mandate
holder to continue work on the development of the guidelines with a view to presenting an
update thereon to the Council in 2010. It further called upon the Independent Expert to seek
the views and suggestions of States, international organizations, United Nations agencies,
funds and programmes, regional economic commissions, international and regional
financial institutions and non-governmental organizations on the draft general guidelines.
12.
In paragraph 37 of his preliminary report to the General Assembly (A/63/289), the
Independent Expert intimated that, in order to guarantee the acceptability and effective
implementation of the guidelines, it was necessary to ensure the fullest possible
participation of all stakeholders (including civil society organizations and rights holders in
the affected countries) in their finalization.
13.
In its resolution 11/5, the Council requested the Independent Expert “to continue to
seek the views and suggestions of States, international organizations, United Nations
agencies, funds and programmes, regional economic commissions, international and
regional financial institutions and non-governmental organizations on the draft general
guidelines and his proposal of possible elements for consideration” (para. 25). In its
decision 12/119, the Council requested OHCHR to assist the Independent Expert in the
implementation of the activities envisaged in resolution 11/5, including organizing the
consultations and providing the Independent Expert with appropriate support to enable him
to undertake the consultations.
B.
Purpose
14.
The main purpose of the consultations was to generate ideas, based on regional
experiences and perspectives, on the form and content of the draft guidelines in order to
improve them.
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