A/HRC/7/9
page 11
these differences through a more holistic but strategic approach aimed at ensuring that
appropriate fiscal space for the realization of human rights can be maintained over both the short
and the long term.
37. In order to bring such a discussion forward, the Council may wish to consider refocusing
the mandate on the same sphere of the impact of economic management on human rights. The
experience gained to date shows that combining two distinct thematic focuses into one mandate
has created ambiguity as to the area of intervention and has, in turn, led to a necessarily general
approach to a variety of implicit aspects of the mandate. One possible way forward, which would
be in line with the directions suggested by the draft general guidelines, therefore, could be to
redefine the mandate in terms of human rights and public finance.
38. Such an approach would also allow a more structured view of debt-related issues as a part
of the mandate. Work on the draft guidelines has shown that the impact of the foreign debt
burden on the ability of States to comply with human rights obligations cannot be separated from
other aspects of public finance. The impact of foreign debt, therefore, can continue to be
addressed as part of this renewed but more focused mandate, which would look at public
expenditure management through the lense of human rights principles.
39. The independent expert appointed by the Council would, therefore, be expected to possess
great expertise in fiscal policies and aid programming, in addition to essential knowledge of
international human rights norms and principles. He or she would thus be properly equipped to
investigate the potential for improving public finance mechanisms and poverty reduction
strategies at the country level. In particular, the expert could further review, revise and develop
the draft general guidelines elaborated to date. In doing so, the new mandate-holder would,
moreover, be expected to advise stakeholders by facilitating practical discussions on the tools
which allow human rights-based decision-making, including:
(a)
Human rights impact assessments;
(b) Quantification of minimum standards and identification of core contents beyond the
Millennium Development Goals;
(c)
Human rights-based budgeting;
(d) Social safety net programming as a means to mitigate the negative impact of reforms
and privatization;
(e) Government revenue and human rights (e.g. taxation, service fees, grant/loan
proportion);
(f) Enhanced accountability of international financial institutions by means of
safeguarding provisions, or investigation mechanisms linked with advisory and lending
decisions;
(g)
Participation of and consultation with stakeholders.
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