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
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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.
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