A/HRC/23/37
$1,138 billion in illicit financial flows (mainly through tax evasion, capital flight and
corruption).68 The slow rate of repatriation of stolen wealth has compounded the problem.
63.
As the global financial crisis has demonstrated, such dependence can make these
countries vulnerable to sudden changes in the availability and affordability of funds and
give rise to high debt and foreign financial obligations.69 In turn, this can impact
governments’ abilities to meet basic social expenditures as well as the sustainability of their
debts.
64.
While the Independent Expert recognizes the benefits of truly productive foreign
investment, he considers that developing countries should make more efforts to utilize the
resources that they already have in order to reduce their vulnerabilities. This requires
mobilizing domestic resources through improved tax revenue collection (including
revisiting tax incentives for foreigner investors); ensuring that local capital is invested
within the country; monitoring and regulating financial transfers to prevent speculation,
asset stripping, illicit capital flight and tax avoidance; encouraging genuinely productive
long-term investment; increasing transparency concerning revenues from multinational
corporations exploiting national resources; and enhancing international cooperation to
ensure the return of stolen assets.
D.
Reforming the international financial system
65.
In order to reduce vulnerability of poor countries to exogenous shocks and limit the
incidence of debt crises, it is imperative that the global financial system is fundamentally
restructured. Such reform should aim at the establishment of a more inclusive and equitable
system in which decision-making is shared beyond a few States. In the Independent
Expert’s view, no equitable and durable solution to the debt problem can be provided by
non-inclusive forums in which only a handful of States participate. It is therefore important
that all States participate in efforts to reform the international financial architecture. In this
regard, it is worth recalling that in Monterrey, Mexico, in 2002, the international
community declared its commitment to “promoting national and global economic systems
based on the principles of justice, equity, democracy, participation, transparency,
accountability and inclusion.”70 As the only inclusive institution with sufficient global
legitimacy, the United Nations is best placed to lead efforts to reform the international
financial system.
66.
Reform of the international financial architecture should also include redefining the
role of the international financial institutions, notably the World Bank and IMF, which are
the most important creditors, to ensure that their policies and programmes place human
rights and people at the core. There is also a need for these institutions to abandon their
practice of attaching intrusive policy conditions (based on a “one-size-fits-all” model of
development) which have largely proved disastrous for many poor countries so that
countries should be allowed to freely make their own development policy choices. 71
68
69
70
71
EURODAD, “Debt in the downturn: New loans and new rules proposed to help impoverished
countries through critical times. Is this the right response?” Discussion paper (30 September 2009),
pp. 13-14.
Dev Kar and Sarah Freitas, Illicit Financial Flows from Developing Countries: 2001-2010
(Washington, D.C., Global Financial Integrity, 2012); see also A/HRC/22/42.
Tim Jones, The state of debt: Putting an end to 30 years of crisis (London, Jubilee Debt Campaign,
May 2012), p. 42.
The Monterrey Consensus on Financing for Development (2002), para. 9.
See Guiding Principles on Foreign Debt and Human Rights (A/HRC/20/23, annex), paras. 73-83.
19
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