RES/7/4 Mandate 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

Human Rights Council

Resolution 7/4. Mandate 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

The Human Rights Council,

Reaffirming all previous resolutions and decisions adopted by the Commission on

Human Rights in connection with the effects of structural adjustment and economic

reform policies and foreign debt on the full enjoyment of all human rights, particularly

economic, social and cultural rights, including resolutions 1998/24 of 17 April 1998,

1999/22 of 23 April 1999, 2000/82 of 26 April 2000, 2004/18 of 16 April 2004 and

2005/19 of 14 April 2005, as well as Human Rights Council decision 2/109 of 27

November 2006,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March

2006,

Recalling its resolutions 5/1 entitled “Institution-building of the United Nations

Human Rights Council”, and 5/2, entitled “Code of Conduct for Special Procedures

Mandate-holders of the Human Rights Council”, of 18 June 2007, and stressing that the

mandate-holder shall discharge his/her duties in accordance with these resolutions and

their annexes,

Taking into account the report (A/HRC/7/9) presented by the outgoing holder of

the mandate of the independent expert on the effects of economic reform policies and

foreign debt on the full enjoyment of all human rights, particularly economic, social and

cultural rights,

1. Acknowledges with appreciation the work and contributions made by Bernards

Andrew Nyamwaya Mudho during his tenure as independent expert on the effects of

economic reform policies and foreign debt on the full enjoyment of all human rights,

particularly economic, social and cultural rights, and takes note with appreciation of his

latest report to the Council;

2. Decides to redefine the mandate of the special thematic procedure and rename

it “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”, so as to allow the mandate-holder to pay particular

attention to:

(a) The effects of foreign debt and the policies adopted to address them on the full

enjoyment of all human rights, in particular, economic, social and cultural rights in

developing countries;

(b) The impact of foreign debt and other related international financial obligations

on the capacity of States to design and implement their policies and programmes,

including national budgets that respond to vital requirements for the promotion of the

realization of social rights;

(c) Measures taken by Governments, the private sector and international financial

institutions to alleviate such effects in developing countries, especially the poorest and

heavily indebted countries;

(d) New developments, actions and initiatives being taken by international

financial institutions, other United Nations bodies and intergovernmental and non-

governmental organizations with respect to economic reform policies and human rights;

(e) Quantification of minimum standards to support the realization of the

Millennium Development Goals;

(f) Enhancement of consultations with all relevant stakeholders in the fulfilment

of this mandate;

3. Also decides that the mandate 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, will be

extended for a period of three years;

4. Requests the independent expert to explore further, in his/her analytical annual

report to the Human Rights Council, the interlinkages with trade and other issues,

including HIV/AIDS, when examining 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, and also to contribute, as appropriate, to

the process entrusted with the follow-up to the International Conference on Financing for

Development, with a view to bringing to its attention the broad scope of his/her mandate;

5. Also requests the independent expert to seek the views and suggestions of

States, international organizations, United Nations agencies, funds and programmes,

regional economic commissions, international and regional financial institutions and non-

governmental organizations on the draft general guidelines with a view to improve it, as

appropriate, and to present updated draft general guidelines to the Council in 2010;

6. Further requests the independent expert to cooperate, in accordance with

his/her mandate, with the Committee on Economic, Social and Cultural Rights, as well as

with the Advisory Committee, special procedures, mechanisms and relevant working

groups of the Council related to economic, social and cultural rights and the right to

development, in his/her work towards the improvement of the above-mentioned draft

general guidelines;

7. Requests the Secretary-General to provide the independent expert with all

necessary assistance, in particular the staff and resources required to carry out his/her

functions, as well as to facilitate his/her participation in and contribution to the follow-up

process of the International Conference on Financing for Development;

8. Urges Governments, international organizations, international financial

institutions, non-governmental organizations and the private sector to cooperate fully

with the independent expert in the discharge of his/her mandate;

9. Requests 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 to submit an analytical report on the

implementation of the present resolution to the Council in 2009 in accordance with its

annual programme of work, and to submit a progress report on this issue to the General

Assembly at its sixty-third session;

10. Decides to continue its consideration of this matter under the same agenda

item.

39th meeting

27 March 2008

Adopted by a recorded vote of 34 to 13. The voting was as follows:

In favour: Angola, Azerbaijan, Bangladesh, Bolivia, Brazil, Cameroon, China, Cuba,

Djibouti, Egypt, Gabon, Ghana, Guatemala, India, Indonesia, Jordan, Madagascar,

Malaysia, Mali, Mauritius, Mexico, Nicaragua, Nigeria, Pakistan, Peru,

Philippines, Qatar, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri

Lanka, Uruguay, Zambia.

Against: Bosnia and Herzegovina, Canada, France, Germany, Italy, Japan, Netherlands,

Republic of Korea, Romania, Slovenia, Switzerland, Ukraine, and United

Kingdom of Great Britain and Northern Ireland.