scholarly journals Extraterritorial human rights obligations and international financial institutions

Author(s):  
Stéphanie de Moerloose ◽  
Gamze Erdem Türkelli ◽  
Joshua Curtis
2013 ◽  
pp. 116-128
Author(s):  
Nidhi Modani

This paper is a study of the possible human right obligations of international financial institutions. As financial institutions have not been looked upon as agencies influencing or influenced by human rights, this study becomes significant. The study is limited to international financial institutions, with a special focus on the World Bank (hereinafter ‘Bank’) and the International Monetary Fund (hereinafter ‘Fund’ or ‘IMF’). 2 Further, there is a special focus on developing nations.3


Significance With the country mired in a deepening economic crisis and the ruling party engaging in debilitating succession struggles, opposition parties are debating whether they can exploit the government's fiscal woes to contest forthcoming by-elections and national polls or to boycott elections in part or altogether. Impacts A fall armyworm outbreak is likely to devastate crops nationwide, prompting a food security crisis. The government will likely resist pressure from international financial institutions to curb public expenditure ahead of the 2018 elections. Increased human rights abuses by the authorities would prompt international condemnation and possible resumption of broader EU sanctions.


Author(s):  
Christine Kaufmann

This chapter identifies three key elements for effectively implementing the Covenants in times of financial crisis: a people-oriented, rights-based perspective, a process to foster coherence, and a new paradigm for bridging the gap between human rights and international financial regulations. It first analyses the anatomy of different types of financial crises from a rights-holder perspective and identifies the key actors and their potential impacts. It shows that, while financial crises share commonalities, their triggers, involved actors, and effects may vary substantially, leading to a complex web of relationships and responsibilities and norm fragmentation. This feeds into an expansion of focus from people to process and coherence with an analysis of the human rights responsibilities of international financial institutions and their members. The chapter concludes by suggesting translational human rights as a new paradigm for bridging the identified conceptual gaps and conflicting interests, and to pave the way for a more active role of the Covenants.


Author(s):  
Ilias Bantekas

The nexus between education and sovereign debt has not always been obvious, although it is not difficult to conceive. This is because the stakeholders involved in debt politics and economics, but particularly its protagonists, namely creditor states and multilateral international financial institutions (IFIs), do not view educational imperatives through a human rights or developmental lens. The chapter demonstrates the inextricable link between the right to education and development and then trace international efforts to entrench the former in developmental agendas, particularly the Millennium Development Goals (MDGs), as more recently transformed into Sustainable Development Goals (SDGs). The object of the chapter is to show that behind the pledges and rhetoric of development finance the reality is that the promotion of the right to education is not high on the agenda of industrialised nations (but equally perhaps on the agendas of least developed nations). We supply numbers-based scenaria in order to demonstrate that most instances of debt servicing, even if combined with debt relief and other forms of co-financing may ultimately fail to comply with the internationally accepted indicators of the right to education.


Author(s):  
Cephas Lumina

The ability of States to fulfil their international human rights obligations depends, to a large extent, on the availability and allocation of sufficient resources to essential investments in human, social and physical infrastructure that provide the foundation for sustainable and equitable development, as well as the full realisation of human rights. In many cases, however, excessive sovereign debt burdens and the ensuing costs of servicing or repaying the debt often reduce the amount of resources available to governments for the realisation of human rights. Furthermore, the policy conditions that are typically linked to loans and debt relief provided by international financial institutions often limit investment in and undermine the provision of accessible public services. This chapter seeks to establish the connection between sovereign debt and human rights through a broad discussion of the impact of sovereign debt and related policy conditionalities on the realisation of all human rights.


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