A/HRC/7/9
page 13
45. With regard to the review of the mandate on the effects of economic reform policies
and foreign debt on the full enjoyment of human rights, it is the considered opinion and
recommendation of the independent expert that it is necessary to both redefine and rename
the mandate with a view to achieving a more specific focus on economic management. The
renewed and reformulated mandate would henceforth examine the impact of public
finance management on the achievement of fundamental human rights. In essence, the
thematic areas of foreign debt and international financial assistance should be repositioned
as a part of more comprehensive public financial management. The central issue to be
tackled would, therefore, be how to secure a sufficient fiscal space to respect human rights
standards while receiving financial assistance with non-disabling repayment obligations.
46. The new mandate-holder charged with assisting the Council in examining the
question of human rights and public finance could be invited to further review, revise and
develop the draft general guidelines. Future work on the general guidelines could also
include the development of analytical tools and operational guidance facilitating their
implementation. Such tools would include human rights impact assessment, formulation of
minimum standards and identification of core content, human rights-based budgeting and
measures to strengthen the accountability of international financial institutions with regard
to their international human rights obligations. Quantification of human rights obligations
will remain a key problem in the link between public finance, including debt service, and
human rights. Costing exercises would be an essential part of such analyses and advice on
additional required fiscal space, debt relief, development aid or domestic revenues might
be required.
47. Many of the issues regarding this mandate are also relevant to the right to
development. Working relationships between the mandate-holder and the Working Group
on the Right to Development and its high-level task force should be strengthened. The
independent expert should take into account their work in order to ensure
complementarity of their action. Moreover, the mandate should gain more support from
the various stakeholders, notably States, international financial institutions, other
United Nations bodies and non-governmental organizations.
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