A/69/273
I. Introduction
1.
The present report sets out the preliminary workplan of 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, for the period from 2014 to 2017. On 8 May 2014, Juan Pablo
Bohoslavsky was appointed by the Human Rights Council as the new Independent
Expert on the effects of foreign debt; he assumed office on 2 June 2014. His report
is submitted pursuant to Council resolution 25/16, in which the Council requested
him to report regularly to the Council and the General Assembly.
2.
The report is structured as follows: first, it provides a short background on the
history of the mandate followed by a brief overview of the informal consultations
that the Independent Expert held in New York and Washington, D.C., from 7 to
11 July 2014. It then outlines six thematic priorities that the Independent Expert
would like to study further during his first three years. They include: (a) preventive
aspects of debt policy and debt management to avoid potential negative human
rights implications of borrowing; (b) international human rights law in the context
of debt restructuring and debt relief; (c) good practices to avoid negative human
rights implications in the context of debt crisis and economic adjustment
programmes; (d) human rights and debt arbitration in the context of bilateral
investment treaties; (e) lending to States involved in gross human rights violations
and transitional justice; and (f) impact of illicit financial flows on human rights.
3.
The last section outlines the methodological approach that the new
Independent Expert will follow while implementing his mandate. This includes
participation in international debates on debt relief, debt restructuring, financing for
development, and illicit financial flows. In this context, he intends to atte nd key
events, in particular those related to the further development and implementation of
the United Nations post-2015 development agenda. He would like to enhance
dialogue and engagement with States, international financial institutions, United
Nations agencies and other international organizations, the private sector, civil
society and academia. Country visits will be essential to identifying good practices,
assisting Governments in implementing internationally agreed (sustainable)
development goals, learning from national and local experiences and identifying
human rights challenges that States face while pursuing debt or adjustment policies.
The Independent Expert will need to provide advice, undertake advocacy and raise
concerns through established working methods of special procedures, including
communications and public statements, and continue to pay attention to the
particular impact of debt and structural adjustment policies at the international,
national and local levels on women, children, persons with disabilities, indigenous
people, migrants, minorities and other groups. He will base his advice and policy
recommendations on the obligations and policy guidance that international human
rights law provides. His intention is not only to remind States and other stakeholders
about their human rights obligations or responsibilities but also to provide advice to
them when they are required to take difficult decisions in challenging circumstances.
His research and advice will therefore focus on good prac tice and solid empirical
evidence.
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