A/HRC/40/57
22.3 Independence from any creditor or creditor-aligned institution responsible for
designing adjustment programmes is necessary in States’ own assessments, given
that findings can be used to inform borrowing policies and debt management, as
well as triggering debt-restructuring activities. This does not preclude the
participation of these actors in an assessment, or in undertaking assessments in the
context of their own decision-making.
22.4 States should develop a domestic, professional and independent policy
analysis capacity within the public sector to avoid dependence on private providers.
Clear, rigorous and transparent criteria for appointment, regulation and
accountability mechanisms should be created in advance, with independent
oversight within the State, for private parties to be appointed to carry out human
rights impact assessments. These private parties/corporations should be considered
to be as responsible as any other entity performing a public service function. The
State’s delegation of a private corporation or third party does not, in any way, free
the State from any of its obligations under international human rights law nor the
private actor from applying all legal substantive and procedural standards
enumerated in the present principles.
22.5 States should take steps to support the ability of affected communities and
civil society generally to provide parallel information to assessment processes and,
as far as possible, to conduct human rights impact assessments directly.
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