A/70/275
I. Introduction
1.
The present report is submitted to the General Assembly pursuant to Human
Rights Council resolution 25/16, in which the Council requested the Independent
Expert on the effects of foreign debt and other related international financial
obligations of States on the full enjoyment of all human rights, particularly
economic, social and cultural rights to report regularly to the Council and the
Assembly. The report provides an overview of the activities undertaken by the
Independent Expert between August 2014 and July 2015, followed by reflections of
the Independent Expert on the legitimacy of the principles of pacta sunt servanda
(translated as “agreements (or promises) must be kept”), legitimacy, sustainability
and human rights in the context of international debt obligations.
2.
In addition to his core mandate, as outlined in Human Rights Council
resolution 25/16, the Independent Expert was requested by the Council, in its
resolutions 25/9, 26/7, 27/30, 28/5 and 28/8, to: (a) consider, inter alia, the impact
of illicit financial flows on the enjoyment of human rights; (b) contribute to and
participate in the third International Conference on Financing for Develo pment and
its follow-up process; and (c) provide inputs to the work of the Advisory Committee
of the Human Rights Council, which has been requested to undertake a study on the
impact of so-called vulture funds on the enjoyment of human rights, a topic that has
been followed by the mandate holder for several years.
3.
Pursuant to General Assembly resolution 69/247, the Ad Hoc Committee on
Sovereign Debt Restructuring Processes has been established for the purpose of
negotiating a multilateral legal framework on sovereign debt restructuring
processes. The outcomes of the sessions of the Ad Hoc Committee have g iven new
impetus to the discussions being held at the international level relating to the need
for timely, orderly, effective and fair debt restructuring procedures. Such debt
restructuring procedures should be compatible with existing human rights
obligations and standards, as stressed by the Human Rights Council in its resolution
27/30.
II. Activities by the Independent Expert
A.
Thematic reports
4.
Pursuant to Human Rights Council resolutions 25/9 and 25/16, the Independent
Expert submitted two thematic reports to the twenty-eighth session of the Human
Rights Council (A/HRC/28/59 and A/HRC/28/60 and Corr.1).
5.
The first report, on financial complicity (A/HRC/28/59), focused on the question
of lending to States engaged in gross human rights violations. The report was
intended to contribute to a better understanding of when financial support may
contribute to, or sustain the commission of, large-scale gross human rights
violations by sketching a rational choice framework premised on the incentives of
authoritarian Governments and private and official lenders. In the report, the
Independent Expert reviewed the existing empirical evidence of the relationship
between sovereign financing, human rights practices and the consolidation of
Governments engaged in gross violations of human rights. He also presented some
interim conclusions and invited stakeholders to discuss them. The Independent
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