A/HRC/4/10
page 2
Summary
In the present report to the Human Rights Council submitted pursuant to Commission on
Human Rights resolution 2005/19 and Human Rights Council decision 1/102, the independent
expert on the effect of economic reform policies and foreign debt on the full enjoyment of all
human rights, Bernards Mudho, outlines the evolution of his mandate during the past years and
summarizes its main results.
The first part of the report analyses recent debt relief initiatives and their impact on
poverty reduction and the realization of all human rights. It concludes that current concepts
of debt sustainability used by the Bretton Woods institutions do not sufficiently reflect
Millennium Development Goals (MDGs) and human rights related objectives. Integrating
local views, for example, through domestic peer review mechanisms could help in defining a
more complete and balanced picture of debt sustainability. The report emphasizes that debt
service savings resulting from the Heavily Indebted Poor Countries (HIPC) and Multilateral
Debt Relief (MDR) initiatives are probably too small to have a measurable impact on MDGs or
human rights improvement in poor developing countries. There is continued need for more
comprehensive solutions not only with regards to further debt relief, but also in the closely
linked areas of fiscal/debt management and trade. All creditors should, in particular, define their
own transparent criteria for the illegitimacy of certain categories of debt, and proceed to their
cancellation.
The report underlines the shared responsibility of creditors and borrowers with regards to
poor countries’ current and future foreign debt burden. To that end, it urges that forward-looking
debt sustainability analysis tools should guide both the creditors and borrowers in their decisions
and in the choice of an adequate mix of concessional loans and grants. In this context, the
primary responsibility of the borrowing countries, to ensure that credits are invested in a
productive and human rights promoting way, is recognized.
In its second part, the report reviews possible human rights implications of standard
reform policies promoted by the multilateral financial institutions. While recognizing the
importance of broad macroeconomic stability for growth, development and realization of human
rights, the report underlines the equally important need for county-specific solutions instead of
one-size-fits-all stability thresholds and macroeconomic schemes. In examining the reform
policy of privatization of State enterprises the report highlights its possible positive impact on
the human rights situation, but cautions that careful consideration must be given to all the
functions and purposes that a public enterprise serve, in particular with regards to accessibility to
goods and services that result in the realization of pertinent human rights.
Concerning trade reform policies, the report calls for sound economic and social impact
assessments, allowing for a careful design and scheduling of reform steps, including adequate
transition periods, balanced exclusion of strategic products from liberalization, as well as human
rights-inspired safeguard clauses. Trade liberalization should be combined with measures to
improve the productive capacity of the poor country’s economy and to strengthen its
competitiveness on the global market. The report underscores the importance of governance
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