A/HRC/13/51 2. Protecting the human rights of particularly vulnerable groups during economic and financial crises 53. The independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, stated that developing countries, and their vulnerable populations in particular, were likely to endure the negative effects of the economic downturn in the short and long term. The impact was likely to be more severe in the poorest countries, as they had less fiscal capacity to respond, and weak or non-existent safety nets, in addition to pre-existing high levels of poverty and inequality. A human rights approach to crises required policies that prioritize the most vulnerable and marginalized groups. 54. The independent expert also stated that effective solutions required consultations with and meaningful participation of target groups. There was a need for countercyclical policies to sustain existing social programmes and to create new mechanisms to counter the negative consequences of the crisis. Onerous conditionalities attached to loans from international financial institutions prevented countries under a heavy debt burden from adopting such policies. International financial institutions and other donors should prioritize concessional loans for countries that could afford to repay them, and grants for those that could afford them or other loans. 55. The independent expert urged that people working in the informal sector, particularly women who constitute the majority of persons in this sector, should not be excluded from social security programmes. In this context, he expressed concerns about the vulnerability of migrant workers, who are most likely to lose their jobs during the crisis, undocumented migrants who are exposed to exploitative working conditions, and victims of human trafficking. Even during economic and financial crises, Governments should make every effort to continue to implement the right to food and education, especially of children, and to ensure that households do not default on allowing children access to education or subject them to child labour. 56. A member of the Board of the Flemish League of Human Rights and Centre Europe – Tiers Monde (CETIM), Francis Mestrum, spoke about the importance of social and economic rights, including social security, especially in times of crisis. Social protection should go beyond poverty reduction and include income support and social services. Illegal capital flows out of developing countries exceeded their net legal inflows: States were therefore urged to seek mechanisms to bring cases of illegal capital flows before human rights bodies. Recalling States’ legal obligations to engage in international cooperation, the speaker suggested that global redistributive mechanisms be set up in order to defend global social justice and human rights. 57. The Deputy Secretary-General of CIVICUS, Katsuji Imata, defined the current situation as a confluence of financial, climate, energy and food crises, as well as being a global governance crisis, and highlighted the need to develop a robust link between social security and social protection on the one hand, and the development agenda and discourse on the financial crisis, on the other. The economic crisis provided civil society organizations with an opportunity for advocacy and collaboration. In this respect, Mr. Imata underlined the role played by civil society in designing and implementing pro-poor policies, for which support of the international community and multi-stakeholder efforts were essential. The international community, including civil society, should collaborate to take concerted action incorporating human rights norms and principles to tackle the abovementioned confluence of crises. 58. The interactive debate that followed the above presentations included statements made by representatives of the Philippines, the International Federation of University 12 GE.09-17229

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