A/HRC/17/37
67.
There was broad agreement on the need for more coherence between debt and trade
policies at both the national and international level. In addition, participants underlined the
need to link international human rights obligations with international financial obligations.
Foreign debt, it was emphasized, should be viewed not as an exclusively economic issue
but as a human rights issue as well.
68.
A number of participants articulated the view that the obligation of international
assistance and cooperation as enshrined in the core international human rights treaties and
the principle of shared responsibility should be underscored in the guidelines.
69.
Participants acknowledged that debt is an important part of the development process.
However, they noted that excessive debt undermines the capacity of States to fulfil their
human rights obligations.
70.
Some participants felt that the guidelines could be enriched by lessons drawn from
the multilateral debt relief initiatives, in particular, the HIPC initiative.
C.
Session II: Core human rights principles and obligations
71.
This session highlighted a number of key human rights principles, such as the
primacy of human rights and the principle of non-retrogression, according to which
Governments must not take measures or adopt policies that had the effect of jeopardizing
the enjoyment of human rights. Other important principles considered were the principles
of non-discrimination, participation, transparency, accountability and the right to an
effective remedy for those whose rights had been violated.
72.
In a presentation on human rights and development, participants’ attention was
drawn to recent initiatives concerning the World Bank’s cooperation on human rights, such
as the October 2006 issue of Development Outreach on human rights and development, the
study Human Rights Indicators in Development: An Introduction, and its cooperation with
the Human Rights Council, United Nations treaty bodies, the special procedures and the
High-Level Task Force on the Right to Development. The presentation also outlined the
activities of the World Bank’s Nordic Trust Fund that were relevant to human rights.
73.
In his presentation on core human rights principles relevant to debt and economic
reform, the Independent Expert focused on the principles of the primacy of human rights,
international assistance and cooperation, equality and non-discrimination, participation and
inclusion, accountability, and non-retrogression. He also highlighted the shared
responsibility of creditors and debtors with regard to preventing and resolving
unsustainable debt situations.
74.
In the discussions that ensued, participants noted the role of the World Bank in
providing guidance to national, bilateral and multilateral institutions on debt relief and
project appraisal. In this regard, they suggested that the World Bank should promote the
incorporation of human rights in project appraisals with a view to mainstreaming the
practice in the future. However, one participant stated that the World Bank did not have a
normative role in human rights and it was yet to be convinced that adopting a human rightsbased approach could yield added value in its development assistance.
75.
According to one participant, more work was required to establish data-based
evidence, indicators and methodology to support the case for a human rights-based
approach to foreign debt.
76.
Some participants offered the view that the guidelines would be useful if they
provided some practical guidance as to how States and other actors could conduct
negotiations on issues related to human rights.
14
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