A/69/273
seeking to contribute to discussions carried out by Bretton Woods institutions,
national and regional development banks, including the CAF Development Bank of
Latin America, States and groups of States, such as the Group of 20, the Group of 24,
the Group of 77, the group comprising Brazil, the Russian Federation, India, China
and South Africa, including its recent decision to establish a new development
bank, 3 the Paris Club, the Organization for Economic Cooperation and Development,
United Nations agencies, national authorities, civil society organizations, the private
sector and academia.
25. Engaging in genuine dialogue with other stakeholders will mutually improve
the intellectual and political tools that each participant can leverage to address debt
issues. In addition to human rights law, other parts of general public international
law can potentially lend its universality in order to build and foster global consensus
around those issues.
26. The Human Rights Council, in its resolutions 25/9 and 25/16, requested the
Independent Expert to pay particular attention to the United Nations development
goals and its post-2015 development framework. An active role in the international
discussion on the post-2015 development agenda is therefore crucial. The
Independent Expert will thus seek to add his voice to the discussions about the
post-2015 development agenda and its implementation, focusing on the effect of
sovereign debt on social, economic and cultural rights and the impact of illicit
financial flows on countries’ development. He is also eager to participate in the third
International Conference on Financing for Development.
B.
Enhancing dialogue with all stakeholders, including the
private sector
27. In line with Human Rights Council resolution 25/16, in which the Council
urged
international
organizations,
international
financial
institutions,
non-governmental organizations and the private sector to cooperate fully with the
Independent Expert in the discharge of his or her mandate, all relevant stakeholders
will be invited to participate in the work of the Independent Expert. Collaboration
and consultation with civil society actors will continue to be a priority. Given the
current composition of global sovereign debt, engaging the private sector in the
work of the mandate holder is particularly desirable. The mandate holder will seek
to contribute to strengthening good practices in relation to responsible lending by
the private financial sector on the basis of the Guiding Principles on business and
human rights (A/HRC/17/31, annex) and on foreign debt and human rights
(A/HRC/20/23, annex). Taking into consideration the number of creditors that, on
the one hand, actually accept debt restructuring proposals and, on the other, follow
the instructions of the Security Council when imposing economic sanctions, it is
submitted that lenders are, to a significant extent, aware o f the political, if not legal,
limits that international law imposes on proposals to resolve debt issues.
__________________
3
14-58891
See the Fortaleza Declaration and Action Plan and the Agreement on the New Development
Bank, adopted at the sixth summit of Heads of State and Government of Brazil, China, India, the
Russian Federation and South Africa, held on 14-16 July 2014. Available from
http://brics6.itamaraty.gov.br.
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