E/C.12/2016/1
acting in violation of their obligations if they were to delegate powers to IMF or to other
agencies and allowed such powers to be exercised without ensuring that they do not
infringe on human rights. Similarly, they would be acting in breach of their obligations if
they were to exercise their voting rights within such agencies without taking human rights
into account. The same duty applies to States that are not parties to the Covenant, under
human rights law as part of general international law. States would not be absolved of their
responsibility even where, in its capacity as a State member of an international organization,
a State would be acting in full accordance with the rules of the organization. 9
Lending States
10.
Debt financing can contribute to economic development and to the establishment of
conditions for the realization of human rights. Moreover, States cooperating internationally
by providing loans may legitimately expect and seek to ensure that the borrowing State
repays the loan in good faith and complies with certain conditions that guarantee
reimbursement. All States, however, whether parties to the Covenant or not, that coerce
other States into violating their own obligations under either the Covenant or under other
rules of international law are responsible for that act under international law. 10 Both as
lenders of bilateral loans and as members of international organizations providing financial
assistance, all States should ensure that they do not impose obligations on borrowing States
that would lead them to adopt retrogressive measures in violation of their obligations under
the Covenant.
Human rights impact assessments
11.
The Committee is of the view that the above-cited obligations imposed under the
Covenant require both lending and borrowing States seeking loans with certain
conditionalities, to carry out a human rights impact assessment prior to the provision of the
loan, in order to ensure that the conditionalities do not disproportionately affect economic,
social and cultural rights nor lead to discrimination. In this regard, the Committee draws the
attention of States parties to the Guiding Principles on Foreign Debt and Human Rights,
endorsed by the Human Rights Council in 2012, as well as the Guiding Principles on
Extreme Poverty and Human Rights, adopted by the Human Rights Council in 2012, 11 both
of which call for human rights impact assessment of conditionalities attached to loans or of
measures which create a foreseeable risk of impairing the enjoyment of human rights by
persons living in poverty beyond their national territory. 12
9
10
11
12
4
See International Law Commission, draft articles on the responsibility of international organizations
with commentaries, art. 58 (2) and commentary 5 (A/66/10, para. 88).
See International Law Commission, draft articles on the responsibility of States for internationally
wrongful acts, art. 18 (A/56/10, para. 76), taken note of by the General Assembly in resolution 56/83
(see annex); see also general comment No. 8 (1997) on the relationship between economic sanctions
and respect for economic, social and cultural rights.
See A/HRC/20/23 and A/HRC/21/39 respectively.
See A/HRC/20/23, para. 40; and A/HRC/21/39, para. 92.
GE.16-12655