A/HRC/17/37
United Nations
General Assembly
Distr.: General
11 April 2011
Original: English
Human Rights Council
Seventeenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of 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, Cephas Lumina*
Summary
Between June 2010 and February 2011, the Office of the United Nations High
Commissioner for Human Rights convened three regional multi-stakeholder consultations –
in Latin America and the Caribbean, Africa, and Asia and the Pacific – on the draft general
guidelines on foreign debt and human rights (“the guidelines”) to assist the Independent
Expert in further elaborating the guidelines.
The main goal 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. 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
* Late submission.
GE.11-12615
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents