A/HRC/45/28
I.
Introduction
1.
The present report of the Independent Expert on the promotion of a democratic and
equitable international order, Livingstone Sewanyana, is submitted to the Human Rights
Council in accordance with Council resolutions 18/6 and 42/8. It is the third report of the
current mandate holder since his appointment by the Council at its thirty-seventh session, in
2018.
2.
In paragraph 17 of its resolution 42/8, the Human Rights Council invited the
Independent Expert to examine the impact of financial and economic policies pursued by
international financial institutions on a democratic and equitable international order. He has
decided to devote his present report to the interplay between the economic policies and
safeguards of international financial institutions1 and good governance at the local level.
3.
The Independent Expert believes that among the key tenets of a democratic and
equitable international order is the principle of good governance. In fact, several
components of what constitutes good governance, which will be elaborated upon in the
present report, may be found in the successive Council and General Assembly resolutions
pertaining to the promotion of a democratic and equitable international order. For instance,
the Council and the General Assembly have referred to the aspirations of all peoples for an
international order based on the principles enshrined in the Charter of the United Nations,
including promoting and encouraging respect for human rights and fundamental freedoms
for all and respect for the principle of equal rights and self-determination of peoples, peace,
democracy, justice, equality, the rule of law, pluralism, development, better standards of
living and solidarity.2 Furthermore, the Council and the General Assembly have recognized
that democracy, respect for all human rights, including the right to development,
transparent and accountable governance and administration in all sectors of society, and
effective participation by civil society are an essential part of the necessary foundations for
the realization of social and people-centred sustainable development.3
4.
The international financial institutions referred to in this report are the World Bank,
the International Monetary Fund (IMF), the African Development Bank (AfDB), the Asian
Development Bank (ADB), the European Bank for Reconstruction and Development
(EBRD), the European Investment Bank and the Inter-American Development Bank (IDB).
These institutions provide loans, credits and grants to developing countries, policy advice,
technical assistance, and global public goods. They aim, inter alia, at reducing global
poverty and achieving sustainable economic, social and institutional development, and most
of them have committed to supporting the 2030 Agenda for Sustainable Development.
Through their activities, international financial institutions can have a direct influence on
how national authorities deliver on good governance and therefore abide by their obligation
to respect the human rights of their population. All the institutions studied in this report
have adopted safeguards relevant to good governance in their activities, and the
Independent Expert does not question their commitment to this principle. He intends to
look at the various provisions, policies and practices of international financial institutions
and propose ways towards improvement whenever deemed pertinent.
5.
For the purposes of this report, and owing to the word limit, the Independent Expert
has decided to focus on the following key issues, which relate to some of the thematic
priorities laid down in his vision-casting report (A/HRC/39/47): stakeholder engagement
and issues of public participation, transparency and reprisals; State responsiveness to the
needs of the population and retrogressive measures; and the fight against corruption. The
issue of accountability is addressed throughout the report. The Independent Expert wishes
to focus mainly on State responsibility in upholding good governance and human rights:
that is, through loans by international financial institutions to, and other interventions aimed
at, the public sector. While this report was being prepared, the coronavirus disease
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2
For the purposes of the present report, the expression “international financial institutions” covers
multilateral development banks and development finance institutions.
For example, Council resolution 42/8, tenth preambular paragraph.
For example, Council resolution 42/8, sixteenth preambular paragraph.
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