complete, and has even given over a full report to financial complicity, analysing the impact lending
may have on governments engaged in gross human rights violations.215
Similarly, it has been noted that lenders should consider human rights obligations and impacts when
establishing conditions, and allow countries sufficient fiscal space to spend on social programmes,
the realisation of economic, social and cultural rights, and to achieving the SDGs alongside their
own development goals.216 Privatisation of government assets is a common condition on loans to
developing countries. Several monitoring bodies concur that IFIs and donors must work to eliminate
inappropriate conditionalities attached to financing agreements.217
Another critical issue subject to increased discussion has been ‘debt sustainability’, revealing a
gradual shift to a debt paradigm that greater respects the importance of human rights.218 The Guiding
Principles on foreign debt and human rights reiterate that ‘debt sustainability assessments must not
be limited to economic considerations (the debtor State’s economic growth prospects and ability to
service their debt obligations) but must also take into consideration the impact of debt burdens on a
country’s ability to create the conditions for the realisation of all human rights.’219
The CRC has recognised that sustainable debt management by states can contribute to mobilising
resources for the rights of the child, and that long-term unsustainable debt can be a barrier to a
state’s ability to mobilise resources for children’s rights. Sustainable debt management includes
having transparent legislation, policies and systems in place, with clear roles and responsibilities for
borrowing and lending, as well as managing and monitoring debt. Thus, the CRC has also called on
states to carry out human rights impact assessments in relation to debt agreements.220
3.4 Trade and investment agreements
Engaging in international trade and attracting foreign investment can be a means of mobilising
resources from abroad. Nonetheless, these can also undermine domestic resource mobilisation and
human rights realisation. To avoid undermining human rights obligations, treaty bodies and special
215 ‘Report of the Independent Expert on foreign debt, Juan Pablo Bohoslavsky’ (Financial complicity: Lending to States
involved in gross violations of human rights) (2015) UN Doc A/HRC/28/59.
216 Eg, ‘Report of the Special Rapporteur on poverty, Magdalena Sepúlveda Carmona’ (2014) UN Doc A/HRC/26/28, para
33; ‘Independent Expert comments on the draft outcome document of the 3rd International Conference on Financing
for Development in Addis Ababa to all member States, Juan Pablo Bohoslavsky’ (Human rights must be at the core
of development financing) (2015), available at www.ohchr.org/Documents/Issues/IEDebt/Paper3FFD22May2015.pdf
accessed 20 October 2017.
217 See, eg, ‘Report of the Special Rapporteur on water and sanitation, Catarina de Albuquerque’ (2011) UN Doc A/66/255.
218 ‘Report of the Independent Expert on foreign debt, Juan Pablo Bohoslavsky’ (2015) UN Doc A/70/275.
219 ‘Independent Expert comments on the draft outcome document of the 3rd International Conference on Financing
for Development in Addis Ababa to all member States, Juan Pablo Bohoslavsky’ (Human rights must be at the core of
development financing) (2015).
220 CRC, General Comment No 19, paras 78–79. See also para 47.
December 2017 The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies
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