A/HRC/23/37
and liberalization of finance which have increased these countries’ vulnerability to
international financial flows, cannot conceivably play a leading role in resolving the debt
crisis in a equitable and sustainable manner. In this regard, there are number of actions that
the international community should consider. These are discussed below.
A.
Reinforcing the principle of shared responsibility
56.
Responses to the debt crisis of developing countries have ignored any sense of
responsibility on the part of the creditors for its development.58 Thus, creditors have often
cast the crisis as a problem of poor debt management on the part of these countries. 59 This
is reflected in the design of the current international debt relief mechanisms which focus
exclusively on debt management and ignore the role of the lenders. Yet the history of the
debt crisis indicates that it is partly attributable to irresponsible creditors (countries, banks
and bondholders) who made poor investment and financing decisions, as well as the
complicity of the international financial institutions which issued bad policy prescriptions.60
Irresponsible lending has included loans to oppressive regimes; for corrupt, useless or
overpriced projects; or on unfair terms, resulting in large burdens of odious or illegitimate
debt which are disproportionately borne by the poorest people in the indebted countries.61
Clearly, there is a need to reaffirm the principle of shared responsibility. As
underlined in the Monterrey Consensus, “debtors and creditors must share the responsibility
for preventing and resolving unsustainable debt situations.” This entails, firstly, accepting
that lenders and borrowers have a mutual obligation to ensure that their lending or
borrowing behaviour does not contribute to or culminate in unsustainable debt situations.
Thus, for example, lenders must not extend loans without conducting due diligence or, in
the case of development loans, must not lend for projects that have no developmental
benefit for the population of the borrower State. For their part, borrowers must not contract
loans that they may not be in a position to repay, or they must not conclude loan
agreements in circumvention of the applicable national legal and institutional frameworks.
Secondly, it requires that lenders and borrowers accept responsibility for their role in the
creation of debt crises and take appropriate remedial action. For the lender, this might entail
unconditional cancellation of loans it extended in a profligate manner, while for the
borrower, it might require the establishment of a transparent and accountable system for the
management of public debt.
57.
58.
As part of its re-commitment to the principle of shared responsibility, the
international community should work together to develop a framework for responsible
financing that not only incorporates the principles of fairness, mutual accountability and
transparency, but also enhances the capacity of States to achieve their development goals
58
59
60
61
A notable exception is Norway. In October 2006 the Government of Norway unilaterally and
unconditionally cancelled the official debts of around $80 million incurred by five developing
countries under its Ship Export Campaign, which it acknowledged as a “development policy failure”.
See Government of Norway, Ministry of Foreign Affairs, press release No. 118/06, 2 October 2006;
see also A/HRC/14/21/Add.1, paras. 19-25.
See Jubilee Australia, Alternatives to debtors prison: Developing a framework for international
insolvency, ACFID Research in Development Series Report No. 4, October 2011, pp. 9-10; Sarah
Edwards, A New Debt Crisis? Assessing the impact of the financial crisis on developing countries
(London, Jubilee Debt Campaign, March 2009), p. 8.
See, for example, S. Edwards, A New Debt Crisis?(see footnote 59), pp. 7-8. Jubilee Debt Campaign
argues that existing responses to the debt crisis “have ignored any sense of responsibility on the part
of lenders and have been aimed at protecting creditors and the financial system.”
For a discussion of odious and illegitimate debt, see A/64/289, paras. 8-22.
17
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