A/HRC/40/57
11.11 States should consider how proposed economic reforms may impact directly
on or otherwise reduce a State’s ability to address national ecological conditions and
significant global ecological thresholds which affect the realization of human rights.
Principle 12 – Debt sustainability, debt relief and restructuring
Independent debt sustainability analysis should incorporate human rights
impact assessments. Findings of human rights impact assessments should be used to
inform debt strategies, debt relief programmes and restructuring negotiations,
potentially triggering the latter where actual or potential adverse impacts are
identified. Debt audits can contribute valuable information in conducting such
assessments.
Commentary
12.1 Structural adjustment programmes are often only oriented towards short-term
fiscal targets to regain debt sustainability. Debt sustainability analysis is still based
on a narrow understanding of sustainability, focusing primarily on the ability of a
country to pay back its public debt without having to resort to exceptional financing
or major policy adjustments.
12.2 The result is that sometimes a stock of public debt may be considered
“sustainable” even if its service entails the State’s failure to comply with its human
rights obligations because the resources necessary for servicing its debt deprive it of
the financial means to realize human rights. Debt service payments should not
compromise the promotion and fulfilment of human rights over time.
12.3 A more comprehensive definition of debt sustainability incorporates
economic, social and environmental sustainability, meaning that debt sustainability
is only achieved when debt service does not result in violations of human rights and
human dignity and does not prevent the attainment of international development
goals.
12.4 Debt cannot be called “sustainable” if the social and human rights
dimensions of sustainability are ignored. Projections of repayment capacities of
borrowing States need to ensure that the obligations of States to promote the
Sustainable Development Goals and progressively realize economic, social and
cultural rights can be effectively fulfilled.
12.5 Identification of actual or potential adverse impacts can guide decisionmaking on revision of repayment terms, on the volume of debt relief necessary to
ensure that the obligations to respect, protect and fulfil all human rights can be met
by States, and on the size and the distribution of losses incurred by different
creditors’ groups.
12.6 Systematic, independent human rights impact assessments carried out within
regular debt management work and sustainability assessments can also support early
identification of where constraints on fiscal space due to debt servicing are leading
to an undermining of States’ human rights obligations, notably towards women and
other groups in situations of vulnerability. Findings can thereby contribute to timely
debt restructuring, and mitigate the gravity and prevent adverse human rights
impacts of economic crises.
12.7 In particular, in the context of − but not limited to − privatizations, it should
be noted that States have an obligation to ensure that the fiscal risk of all debt is
properly accounted for and on balance sheet and that private creditors similarly have
an obligation to ensure that they do not undermine this obligation of any publicsector counterparty. The process and criteria by which States calculate the fiscal
impact of certain privatization projects should be in accordance with industryrecognized best practices.
13
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