A/HRC/40/57
12.8 Creditors and debtors should also engage in debt relief and restructuring
negotiations with the aim of supporting the freeing up of fiscal space to safeguard
the capacity of States to meet their human rights obligations.
12.9 Ensuring that the findings of impact assessments systematically play a role in
debt restructuring reflects the shared responsibility of creditors and debtors for
sovereign debt burdens.
12.10 The environmental assessment implies an analysis of the commitment of the
country’s natural resources, mainly its strategic resources such as minerals and
water. The social impact, the environmental remediation and the contribution to
climate change must be established in the case of public debt payments based on the
extraction of natural resources.
12.11 Lenders have an independent duty to ensure, to the best of their ability, that
government officials are authorized under applicable domestic law to enter into the
agreements and that the arrangement is otherwise consistent with such law.
V. Other obligations of States, international financial
institutions and private actors
Principle 13 – International assistance and cooperation
States have an obligation to provide international assistance and cooperation in
order to facilitate the full realization of all rights. As part of their obligations with
regard to international cooperation and assistance, States have an obligation to
respect and protect the enjoyment of human rights of people outside their borders.
This involves avoiding conduct that would foreseeably impair the enjoyment of
human rights by persons living beyond their borders, contributing to the creation of
an international environment that enables the fulfilment of human rights, 19 as well as
conducting assessments of the extraterritorial impacts of laws, policies and practices. 20
Principle 14 – External influence and policy space
States, international or regional financial institutions and other non-State and
State actors should not exert undue external influence on other States so that they are
able to take steps to design and implement economic programmes by using their
policy space 21 in accordance with their human rights obligations, including when
trying to cope with economic or financial crises. The systematic use of transparent and
participatory human rights impact assessments in the design of economic reform
programmes attached to international loans can serve to support debtor States in
implementing a programme of crisis response free of undue external pressure and
demonstrating national ownership that allows them to meet their human rights and
environmental obligations.
Commentary
14.1 Undue external influence means direct or indirect intervention in the
economic affairs of a State through the use of economic and/or political measures
seeking to influence States to adopt certain economic policies or to secure from them
19
20
21
14
Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 37; and
Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and
Cultural Rights (2011).
Guiding principles on extreme poverty and human rights (A/HRC/21/39), para. 92.
See Sustainable Development Goal 17.15; Addis Ababa Action Agenda of the Third International
Conference on Financing for Development, annex, sect. I, para. 9; and General Assembly resolution
25/2625.
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