A/HRC/17/37
VI.
Recurring themes
91.
There were a number of recurring themes in the consultations. First, there was
general support for the work of the mandate and consensus on the need for the guidelines.
92.
Second, participants agreed on the need for the guidelines to be anchored in a rightsbased framework and, in particular, to enshrine key human rights principles such as the
primacy of human rights, equality and non-discrimination, accountability, participation and
non-retrogression, as well as the principle of the shared responsibility of creditors and
debtors as underscored in the Monterrey Consensus. Additionally, the guidelines should
foster effective implementation and compliance with binding international human rights
standards.
93.
Third, participants noted that human rights impact assessments are a critical part of
due diligence to ensure respect for human rights and should be included in the guidelines.
94.
Fourth, participants expressed concern regarding the voluntary character of the
guidelines and noted the challenges of enforcing voluntary standards. Nevertheless, most
participants felt that anchoring the guidelines in existing human rights obligations would
enhance their influence.
95.
Fifth, participants underscored the oversight role of parliament and civil society in
relation to loan contraction and debt management and articulated the need for robust legal
national frameworks to ensure, in particular, an effective role for parliament.
96.
Sixth, participants called for measures preventing the sale of sovereign debts to third
parties to be included in the guidelines.
97.
Seventh, there was agreement that incoherence in debt and trade policies, both at the
national and international levels, undermined efforts to find a durable solution to the debt
crisis as well as debt relief efforts.
98.
Eighth, the guidelines should provide guidance to all actors involved in the
formulation, implementation and monitoring of national and international policies on debt
and related financial obligations.
99.
Ninth, there was broad consensus on the need for an independent and transparent
international sovereign debt resolution or restructuring mechanism and for the guidelines to
contain provisions in this regard.
100. Finally, the value of public debt audits as an accountability mechanism was
acknowledged and it was proposed that the guidelines should include provisions for audits.
VII.
Next steps
101. The last regional consultation is scheduled to be held in Geneva on 20 and 21 June
2011.
102. A final seminar of a core group of expert stakeholders will be held in September
2011 in Geneva to discuss a revised version of the guidelines and the operationalization of
the guidelines.
103. In view of the proposals from two of the regional consultations for expert workshops
to elucidate certain elements of the guidelines, particularly those relating to a new debt
sustainability framework and human rights impact assessments, the Independent Expert
also hopes, resources permitting, to convene at least two expert consultations on these
issues. The Independent Expert calls upon States, international and regional organizations,
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