A/70/275 C. Communications and public statements 16. The Independent Expert exchanged views with Member States in bilateral meetings and through communications on issues brought to his attention. In addition, he issued several public statements on matters which, in his view, required public attention. 17. On 20 August 2014, the Independent Expert and the Special Rapporteur on extreme poverty and human rights sent three communications to the Governments of Argentina and the United States of America and to the main litigating partner, NML Capital Limited, concerning the human rights impact of recent orders issued by United States courts. The letters expressed concern that the rulings may risk pushing Argentina into a debt crisis, with negative implications for the economic, social and cultural rights of its people and that they may also impede necessary debt restructuring in other contexts. The communications argued that such vulture fund litigation, including the court orders secured by NML Capital Limited, may prevent indebted countries from using resources freed up by debt relief for their development and poverty reduction programmes and diminish their capacity to create the conditions necessary for the realization of human rights for their people. The Independent Expert would like to thank Argentina and the United States for the responses received and regrets that NML Capital Ltd. has, to date, not sent any formal reply to his letter. 6 18. On 27 November 2014, United Nations experts issued a media statement, stressing that if Argentina paid NML Capital Ltd. according to the rulings of the United States courts, the creditor would receive $832 million. In addition Argentina could face demands of up to $140 billion from other holdouts and holders of restructured bonds who could demand repayment on equal terms. 7 19. The experts voiced their concern about the disruptive impact of such litigation, both in terms of human rights and the sustainability of debt agreements supported by the majority of creditors. In the view of the Independent Expert, th e case highlights the need for better rules, allowing predictable and efficient debt restructuring, and the need to address human rights impacts in litigation procedures with vulture funds. 20. The Independent Expert notes that the negotiations between the Government of Greece and lending institutions were emblematic for the absence of clear and human-rights-based rules to address unsustainable debt situations and to ensure timely, orderly, effective and fair debt restructuring procedures. Since the mission to Greece by the previous Independent Expert, Cephas Lumina, in April 2013, 8 the situation, in particular for vulnerable population groups, appears to have worsened, with the total unemployment rate reaching 25 per cent and more than 50 per cent in the case of youth unemployment. There has been a serious deterioration of the social security system, and concerns about access to health services and facilities, as well as medicines, food and housing, are acute. Furthermore, the number of people __________________ 6 7 8 6/18 See Communications report of Special Procedures, A/HRC/28/85, cases ARG 2/2014, USA 15/2014 and OTH 10/2014. “Human rights impact must be addressed in vulture fund litigation – UN experts”, 27 November 2014, available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx? NewsID=15354. See A/HRC/25/50/Add.1. 15-12541

Select target paragraph3