A/HRC/40/57
advantages of any kind that undermine the ability of States to respect, protect and
fulfil their human rights obligations. Economic measures can include both
conditionalities attached to financial assistance programmes and implicit
conditionalities informally urged by international or regional institutions.
14.2 States in difficulty following a debt crisis or other adverse economic event
may temporarily lose access to some sources of funds. In these situations, the
remaining lenders have a responsibility not to use their enhanced bargaining power
to exercise influence on the borrower that could lead to human rights violations.
Instead, lenders actually have an enhanced responsibility with regard to the human
rights impacts of their loans and the conditions attached to them.
14.3 States should also be able to design and implement economic policies,
including responses to financial and economic crises, in accordance with their
human rights obligations. In doing so, they should be free from undue influence
from corporations or those working to further their interests that seek to privilege
corporate economic interests over, or otherwise disrupt, the realization of human
rights or the environmental well-being necessary for such realization. States must
take action to identify and prevent such conflicts of interest by developing a
regulatory framework that ensures, among other things, that relevant interactions are
transparent and accountable. Such a regulatory framework could include regulation
regarding the financing of political parties and the prevention of corruption.
14.4. Host States should enact foreign investment laws in such a way that includes
an obligation on investors to undertake human rights impact assessments through
neutral entities in a transparent and inclusive manner. Host States and investors
should undertake to use such assessments as a means of enhancing the sustainability
and development impact of investments in such a way that is beneficial to all
stakeholders, including investors.
Principle 15 – Obligations of public creditors and donors
International financial institutions, bilateral lenders and public donors should
ensure that the terms of their transactions and their proposals for reform policies and
conditionalities for financial support do not undermine the borrower/recipient State’s
ability to respect, protect and fulfil its human rights obligations. 22
States, whether acting alone or within international financial institutions, as
well as international financial institutions themselves, should not compel
borrowing/receiving States to compromise satisfying their international human rights
obligations or contribute to such compromise, either directly or indirectly. As a
consequence, international financial institutions, bilateral lenders and other public
donors, when granting a loan or giving policy advice in the context of economic
reform measures, have an obligation to assess the human rights impact of those
measures.
Commentary
15.1 Human rights impact assessments should be a mandatory element in the
design of all economic reform and adjustment programmes and avoid human rights
violations. This applies also to programmes developed with international financial
institutions, bilateral lenders and public donors in the context of debt management
and financial assistance activities. All proposed measures and loan conditionalities
should be subject to a human rights impact assessment. These should be prepared
prior to the conclusion of the agreements and in time to influence the outcomes of
the negotiations, and include an analysis of the impact of policies on commonly
marginalized groups. In urgent situations at least, flexible instruments should be
considered to allow for sufficient space to develop well-tailored adjustment
22
E/C.12/2016/1, para. 8.
15
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