About the mandate
Independent Expert on foreign debt and human rights
Terms of the mandate
Relevant resolutions and decisions of the Human Rights Council
Evolution of the mandate
Resolutions and decisions of the Commission on Human Rights
The terms of the mandate of the Independent Expert are contained in Human Rights Council resolution 43/10, which request her 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;
(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 in and 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) The effects of public debt, economic reform and financial consolidation policies on the realization of the Sustainable Development Goals;
(f) The impact of illicit financial flows on the enjoyment of human rights;
(g) The process entrusted with the follow-up to the International Conference on Financing for Development, with a view to bringing to its attention the issue of the effects of structural adjustment and foreign debt on the enjoyment of human rights, particularly economic, social and cultural rights;
(h) Enhancement of consultations with all relevant stakeholders in the fulfilment of the mandate.
Relevant resolutions and decisions of the Human Rights Council
Session | Symbol | Title |
52nd session 2023 | A/HRC/RES/52/17 | Mandate of 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 |
46th session 2021 | A/HRC/RES/46/8 | 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 |
46th session 2021 | A/HRC/RES/46/11 | The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation |
43rd session 2020 | A/HRC/RES/43/10 | 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 |
40th session 2019 | A/HRC/RES/40/8 | 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 |
37th session 2018 | A/HRC/RES/37/11 | 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 |
34th session 2017 | A/HRC/RES/34/3 | 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 |
31st session 2016 | A/HRC/RES/31/22 | The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation |
31st session 2016 | A/HRC/RES/31/11 | 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 |
28th session 2015 | A/HRC/RES/28/5 | The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation |
28th session 2015 | A/HRC/RES/28/8 | 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 |
27th session 2014 | A/HRC/RES/27/30 | 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 activities of vulture funds |
25th session 2014 | A/HRC/RES/25/16 | 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 |
25th session 2014 | A/HRC/RES/25/9 | The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation |
23rd session 2013 | A/HRC/RES/23/11 | 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 |
22nd session 2013 | A/HRC/RES/22/12 | The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation |
20th session 2012 | A/HRC/RES/20/10 | 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 |
17th session 2011 | A/HRC/RES/17/7 | 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 |
16th session 2011 | A/HRC/RES/16/14 | 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 |
14th session 2010 | A/HRC/RES/14/4 | 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 |
12th session 2009 | A/HRC/DEC/12/119 | 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 |
11th session 2009 | A/HRC/RES/11/5 | 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 |
7th session 2008 | A/HRC/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 |
5th session 2007 | A/HRC/RES/5/1 | Institution-building of the United Nations Human Rights Council |
2nd session 2006 | A/HRC/DEC/2/109 | Effects of economic reform policies and foreign debt on the full enjoyment of all human rights |
Evolution of the mandate
The mandate of the Independent Expert has undergone several changes throughout the years. At the very beginning, two different mandates were established by the Commission on Human Rights: the mandate of the Independent Expert on structural adjustment policies in 1997 and the mandate of the Special Rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights in 1998.
Those two mandates were discontinued in 2000 when the mandate of the Independent Expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights was set up. In 2005, the Commission decided to replace the phrase “effects of structural adjustment policies” with “effects of economic reform policies” in the title of the mandate so that it became “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”.
From March 2008 to present:
- The title of the mandate was reformulated as “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 Independent Expert was requested to report annually to the Human Rights Council and to the General Assembly;
- In 2010 the Council requested the Independent Expert to present draft general guidelines to be followed by States and by private and public, national and international financial institutions in the decision making on and execution of debt repayments and structural reform programmes, including those arising from foreign debt relief.
- After regional consultations, an expert meeting and a public consultation the guiding principles on foreign debt and human rights were submitted in 2012 to the Human Rights Council and endorsed in June 2012 (see HRC/RES/20/10).
- In June 2012 the Human Rights Council requested the Independent Expert to develop a commentary to the guiding principles.
From 2005 to 2008:
- The title of the mandate was reformulated 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”;
- The IE was requested to report annually to the Commission on Human Rights and to the General Assembly;
- The Commission requested the mandate-holder to present to the Commission at its sixty-second session a final draft of general guidelines to be followed by States and by private and public, national and international financial institutions in the decision‑making on and execution of debt repayments and structural reform programmes, including those arising from foreign debt relief.
From 2000 to 2005:
- The Commission discontinued the mandate of the Independent Expert on structural adjustment policies and the mandate of the Special Rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights, and created the mandate of the “Independent Expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights”;
- The IE was requested to report annually to the Commission on Human Rights.
From 1997 to 2000:
- The Commission established the mandate of the Independent Expert on structural adjustment policies in 1997;
- The IE was requested to submit a consolidated study on the effects of structural adjustment policies on economic, social and cultural rights and to elaborate draft basic policy guidelines on structural adjustment policies.
- The Commission established the mandate of the Special Rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights in 1998;
- The SR was requested to report annually to the Commission on Human Rights.
Resolutions and decisions of the Commission on Human Rights
Between 1997 and 2005, the Commission recalled the mandate of the Independent Expert in several resolutions.
Session | Symbol | Title |
61st session 2005 | E/CN.4/RES/2005/19 | Effects of economic reform policies and foreign debt on the full enjoyment of all human rights |
60th session 2004 | E/CN.4/RES/2004/18 | Effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights |
59th session 2003 | E/CN.4/RES/2003/21 | Effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights |
58th session 2002 | E/CN.4/RES/2002/29 | Effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights |
57th session 2001 | E/CN.4/RES/2001/27 | Effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights |
56th session 2000 | E/CN.4/RES/2000/82 | Effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights |
55th session 1999 | E/CN.4/DEC/1999/104 | Effects of structural adjustment policies on the full enjoyment of human rights |
55th session 1999 | E/CN.4/RES/1999/22 | Effects of the full enjoyment of human rights of the economic adjustment policies arising from foreign debt and, in particular, on the implementation of the Declaration on the Right to Development |
54th session 1998 | E/CN.4/DEC/1998/102 | Effects of structural adjustment policies on the full enjoyment of human rights |
54th session 1998 | E/CN.4/RES/1998/24 | Effects on the full enjoyment of human rights of the economic adjustment policies arising from foreign debt and, in particular, on the implementation of the Declaration on the Right to Development |
53rd session 1997 | E/CN.4/DEC/1997/103 | Effects of structural adjustment policies on the full enjoyment of human rights |
In June 2006, the Commission on Human Rights was replaced by the Human Rights Council pursuant to the General Assembly resolution 60/251. On 18 June 2007, the Human Rights Council adopted resolution 5/1 which extended the mandate. The Council also adopted resolution 5/2, containing a Code of Conduct for special procedures mandate holders.