Guiding Principles to Assess the Human Rights Impact of Economic Reforms? Yes

Author(s):  
Juan Pablo Bohoslavsky

This chapter discusses the structural elements of the Guiding Principles for human rights impact assessments of economic reform policies, proposed by the UN Independent Expert on foreign debt and human rights. It describes the evolution of structural adjustment responses to financial crises and mitigation of adverse social impact up to the recent financial crisis, explains how structural adjustment programmes usually affect human rights and argues that, for both economic and legal reasons, economic reform programmes must be inclusive while at the same time advance human rights. It also explains how using human rights impact assessments can help strengthen States’ policy responses to financial crises. The chapter concludes with some preliminary recommendations for discussion on the contents and format of the Guiding Principles and proposes the next steps towards their development.

Author(s):  
M. Rodwan Abouharb ◽  
David Cingranelli

The first book to address the links between sovereign debt and human rights. Authors are renowned jurists, economics, historians and social scientists, all of which examine the links between debt and human rights from a variety of angles. The book is structured around five basic parts. The first sets out the historical, political and economic context of sovereign debt. Indeed, without understanding how debt accumulates, why it is necessary and to whom it is owed, it is impossible to fully comprehend the full range of arguments about its impact on human rights. The second part effectively addresses the human rights dimension of the three types of sovereign lenders, namely inter-governmental financial institutions (IFIs) (chiefly those from the World Bank group and those within the EU framework), sovereigns and private lenders. Part II examines also debt-influencing mechanisms, and with the exception of vulture funds that will be analysed in Part V, here we examine the role of export credits, credit rating agencies and bilateral investment treaties. Part III goes on to make the link between debt and the manner in which the accumulation of sovereign debt violates human rights. From there, Part IV examines some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. All of these conditionalities have been shown to exacerbate the debt itself at the expense also of economic sovereignty. It is thus explained in Part IV that such measures are not only injurious to the entrenched rights of peoples, but that moreover they exacerbate the borrower’s economic situation. Finally, Part V addresses the range of practical responses to sovereign debt, such as odious debt claims, unilateral repudiation, establishment of debt audit committees and others.


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