India Neglects Its Commitments On Human Rights Defenders
By Suspending The FCRA Of The INSAF
By Ville-Veikko Hirvela
13 July, 2013
India's Home Ministry suspended the FCRA (Foreign Contribution Regulations Act) registration of the Indian Social Action Forum, INSAF, even though INSAF acted compliant to the human rights defenders' rights and responsibilities recognised also by India in UN declaration on human rights defenders' rights, A/RES/53/144.
India has thus neglected its duty to secure the human rights defenders' rights and responsibilities despite India's approval of the international commitments to secure their rights and responsibilities of defending the human rights as approved within the UN human rights system.
INSAF's recognised rights to get international support for defending human rights were removed after INSAF brought to the public debate India's obligation to publicly defend the human rights, which the UN organs have required the government to bring to the public consideration related to the government's decisions and policies but which responsibility the government has neglected.
UN Special Rapporteur on the Situation of Human Rights Defenders, Ms. Margaret Sekaggya, has noted in her conclusion statement of her visit to India, 2011 (1) that:
"I am concerned about the amendment to the Foreign Contribution Regulations Act" (FCRA) as it "may be used to censor non-governmental organisations which are critical of Government's policies" so that "t he space for civil society is contracted". (2) Consequently the UN Special Rapporteur on the situation of human rights defenders demanded on her mission to India by her recommendations explicitly that:
- " The Foreign Contribution Regulation Act should be critically reviewed or repealed. " (3)
- "The National Human Rights Commission should intervene on the issue of the Foreign Contribution Regulation Act and should monitor the denial of registration and permission to receive foreign funding for NGOs, with a view to amending or repealing the bill" and "monitor the full implementation by India of recommendations made by United Nations human rights mechanisms, including special procedure mandate-holders, treaty bodies and the universal periodic review. Such a monitoring role should apply to the recommendations contained in this report." (4)
- "A law on the protection of human rights defenders, with an emphasis on defenders facing greater risks, developed in full and meaningful consultation with civil society and on the basis of technical advice from relevant United Nations entities, should be enacted." (5)
- " The highest authorities at the central and state levels should publicly acknowledge the importance and legitimacy of the work of human rights defenders", to secure their right to defend particularly the "rights of marginalized groups, including Dalits and Adivasis; defenders working on economic, social and cultural rights; defenders affected by security legislations and militarization; Right to Information activists; journalists; and women defenders and defenders working on women and child rights" (6 )
These measures need to be carried out so that India will fulfil its international human rights commitments as demanded by UN organs and as presented here below:
1. INSAF's right and duty to solicit & utilise international support to defend human rights.
"Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms" (7) and "to solicit, receive and utilize resources [...] (including the receipt of funds from abroad)" (8) " for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means". (9)
For such express purpose the Indian Social Action Forum, INSAF, applied support from Siemenpuu Foundation for its project " Peoples' Forum against International Financial Institutions (IFIs)" - to promote and protect by peaceful means "land, forest, water and food rights, workers' adivasi, dalit and women's rights, fisher-folks and peasants" against the forced displacement and other " human rights abuses". (10)
INSAF applied support to organise a public events "to resist the destruction of our societies, environments and capacities, as well as push our governments towards a different development model that respects nature, human rights, social well-being and equity" and to critisize the Asian Development Bank's policies in these respects, writing that: "The Bank has been displacing large number of people from land, water and forest by alienating their rights to livelihood [...] and to participate in decision making".(11)
All elements of this INSAF request for support for such public events comply transparently with the following responsibilities and rights of human rights defenders " individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms" and "to solicit, receive and utilize resources" (12) to excercise these following human rights defenders' rights:
- " to meet or assemble peacefully", "to form, join and participate in non-governmental organizations, associations or groups" and "to communicate with non-governmental or intergovernmental organizations"(13)
- to "study, discuss, form and hold opinions on the observance, both in law and in practice of all human rights and fundamental freedoms" and to promote "access to information as to how those rights and freedoms are given effect" also "to draw public attention" to their status of implementation. (14)
- "freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms" and "to develop and discuss new human rights ideas and principles and to advocate their acceptance." (15)
- "to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms". (16)
- to attend public proceedings "so as to form an opinion on their compliance with national law and applicable international obligations and commitments" and to "offer and provide [...] relevant advice and assistance in defending human rights and fundamental freedoms" with "unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms." (17)
- "to complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means" to competent authorities "which should render their decision on the complaint without undue delay" (18)
- "to participate in peaceful activities against violations of human rights and fundamental freedoms" (19)
Such human rights defenders have also a right "to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms."
"The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration" on rights of human rights defenders. (20)
"Each State shall [...] ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed" (21) so that for all these activities people have thus a right "to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means". (22)
"Declaration protects the right to receive funding from different sources, including foreign ones". Countries are responsible to make their "legislation [...] consistent with international human rights norms and standards" also in this case - especially as the "restrictions on access to international funding can gravely affect the ability of defenders to carry out their work." "States are under an obligation to permit individuals and organizations to seek, receive and utilize funding. The Declaration requires States to adopt legislative, administrative or other measures to facilitate or, at a minimum, not to hinder the effective exercise of the right to access funding." "The wording of article 13 covers the different phases of the funding cycle" and "the right to access funding is an inherent element of the right to freedom of association, which is contained in major human rights instruments." (23)
To get these commitments fulfilled in India, the "Special Rapporteur is particularly concerned at the plight of human rights defenders working for the rights of marginalized people, including Dalits, Adivasis (tribals) and sexual minorities, who face particular risks and ostracism because of their legitimate activities. Collectivities striving to achieve the rights of those people have also been victimized" (24) and left without the needed support.
Siemenpuu Foundation approved to support INSAF's project which was likely to promote the realisation of the concerned international human rights commitments - which India is also responsible to implement under the UN declaration on rights of human rights defenders.
But the Ministry of Home Affairs of India however removed INSAF's right to utilise foreign support under Foreign Contribution Regulation Act, FCRA, claiming that the government, "having regard to the information in its possession, is satisfied" to believe that in respect to INSAF, "the acceptance of foreign contribution... is likely to prejudicially affect the public interest" . (25)
UN Special Rapporteur notes that the new FCRA can be used "to censor non-governmental organisations" for their human rights defending activities and to prevent the human rights defenders from excercising their recognised rights of critisizing the policies which neglect or violate human rights. Under the "section 11(3), the Central Government may specify (a) the person or class of persons who shall obtain its prior permission before accepting the foreign contribution; and (b) the area(s) (c) the purpose(s) for which, and (d) the source(s) from which such a contribution may be received with the prior permission of the Central Government. The Special Rapporteur is of the opinion that such provisions may lead to abuse by the authorities when reviewing applications of organizations which were critical of authorities." (26 ).
Human rights and rights of their defenders get neglected by "legislation that significantly restricts the ability of human rights organizations to access funding, including restrictions on the origin of the funds and the requirement for prior State authorization for non-governmental organizations to receive funds from foreign donors." Even as per their commitments, "Governments should allow access by human rights defenders, in particular non-governmental organizations, to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments", still "organizations working in particular fields — such as governance issues — are prohibited from receiving foreign funding." "Governments also place restrictions on how funds can be used [...] to unduly hinder the work of human rights organizations." Particular restrictions are targeted to "organizations that are critical of their Governments". (27)
We have not got any transparent explanation on why or how our right to contribute in defending human rights by our supporting foreign contribution would "prejudicially affect the public interest" . Rather INSAF had made litigation in public interest by petitioning the Supreme Court over the new FCRA Rules casused violations that give the government non-transparent and unchecked powers to take away the resources of rights-based organisations which critisize the human rights violations.
When civil society publicly protests and critisizes those human rights violations in the multilateral financial institutions' policies, which UN human rights organs have confirmed as violations, honestly it is not possible that such public civil society activity to defend human rights could "prejudicially affect the public interest" - no matter if the state brands such non-violent and democratic forms of protest and assertion of human rights as too "political" activity.
No matter if the government, "having regard to the information in its possession, is satisfied" (28) to believe that the confirmed negative human rights impacts and corruption connected to the multilateral financial policies do not need the concerned public debate or awareness, still according to the UN human rights organs there is a clear, verified public need for democratic and transparent public discussion and awareness on how human rights are affected by the conditionalities which the multilateral financial policies set for the diverse policies of countries, as presented below.
As just the same structural violations of human rights, which UN human rights agencies have demanded India to correct - but which are continuing without being adequately addressed by the government - have been publicly addressed by INSAF project as follows, INSAF has thus acted duly to defend human rights compliant to its internationally recognised rights and responsibilities as a human rights defender:
2. Right and responsibility to defend human rights against the forced displacement
UN Committee of Economic, Social and Cultural Rights " remains deeply concerned about the reports of displacement and forced evictions in the context of land acquisition by private and state actors for the purposes of development projects, including constructions of dams and mining, and that the members of disadvantaged and marginalized groups, in particular, the scheduled castes and scheduled tribes, are adversely affected by such displacement from their homes, lands and their sources of livelihood. The Committee is also concerned that urban renewal projects, [...] infrastructure expansion, environmental projects and more recently, the designation of large areas as tax-free special economic zones, have resulted in the displacement of millions of families, most of whom have not received adequate compensation and rehabilitation. Furthermore, the Committee is concerned about the lack of effective consultations and legal redress for persons affected by displacement and by forced evictions, and the inadequate measures to provide sufficient compensation or alternative housing to those who have been removed from their homes and/or their ancestral lands." (29)
"The State party should seek the prior informed consent of communities affected by the construction of dams [...] or similar projects on their traditional lands in any decision-making processes related to such projects, and provide adequate compensation and alternative land and housing to those communities. Furthermore, it should protect tribes [...] against encroachments on their lands and resources by settlers, poachers, private companies or other third parties". ( 30 ) " The Committee notes with concern that some of the development measures and projects that have been carried out have not sufficiently taken into account the way of life and specific forms of livelihood of numerous communities in India, in particular the scheduled tribes" "thus affecting their right of everyone to take part in cultural life.". (31)
The amount of people displaced by development projects during India's independence is estimated by independent experts as being " between 60 and 65 million", of whom nearly half are Tribals. "The vast majority of the displaced have not received adequate resettlement." ( 32 ). "The ancestral land, water and resources of Adivasis are part of their identity as well as livelihood. They have been subjected to severe violations of their rights by state Governments and private actors who often act in collusion to exploit such lands which are often rich in minerals and natural resources." (33)
INSAF project challenged this continuing violation as it considered that " the people of the region cannot accept the destruction of environments, cultures and communities any longer" (34) This is highly consistent also in respect to India. And e ven India's official National Human Rights Commission has also confirmed that:
India's "rapid growth, the development of infrastructure and the expansion of mining industries, have all led to massive displacements of populations, often without their informed consent. The NHRC's monitoring finds that usually those displaced are given neither adequate relief nor the means of rehabilitation." " Over 90% of the workforce is in the unorganized sector, ha s no access to social security, is particularly vulnerable" of being exploited for the commercial overconsumption of the elite. Such "denial or the abuse of, or the inability to access, their rights hit the most vulnerable the hardest – women, children, the scheduled castes and tribes, and the minorities." (35)
" States should ensure that binding human rights standards are integrated in their international relations, including through trade and investment, development assistance", including through "international fi nancial and other institutions" also to "ensure that international organizations in which they are represented refrain from sponsoring or implementing any project, programme or policy that may involve forced evictions".(36 )
" International financial, trade, development and other related institutions and agencies, including member or donor States [...] should take fully into account the prohibition on forced evictions under intenational human rights law and related standards" and "establish or accede to complaint mechanisms for cases of forced evictions that result from their own practices and policies. Legal remedies should be provi ded to victims in accordance with those stipulated in these guidelines." (37)
As far as the projects financed by Asian Devolepment Bank or other multilateral financial institutions lead to displacement of people without securing their human rights, such involuntary displacement constitutes violation by “removal against their will of individuals, families and/or communities from the homes and/or land they occupy without the provision of, and access to, appropriate forms of legal or other protection” ( 38 ).
It is important that the INSAF project raises to the public discussion "alternative development paths that governments should follow" (39) since "States should explore fully all possible alternatives to evictions" (40) and in respect to resettlement an "eviction without consultation or adequate alternatives [...] is illegal in terms of international law" and can violate a wide "range of internationally recognized human rights, including the human rights to adequate housing, food, water, health, education, work, security of the person, freedom from cruel, inhuman and degrading treatment, and freedom of movement." (41) Diverse human rights must be safeguarded against displacement. (42)
"Covenant rights, such as access to water services and protection from forced eviction, should not be made conditional on a person's land tenure status" "such as living in an informal settlement". States have an "obligation to adopt special measures to attenuate or suppress conditions that perpetuate discrimination" and "to prevent, prohibit and eliminate discriminatory practices directed against members of descent-based communities" related to "formal and substantive discrimination across a wide range of Covenant rights against indigenous peoples and ethnic minorities". (43 ) ll those evicted, irrespective of whet her they hold title to their property, should be entitled to compensation for the loss, salvage and transport of their properties affected, including the original dwelling and land lost or damaged in the process. Consideration of the circumstances of each case shall allow for the provision of compensation for losses related to informal property, such as slum dwellings" (44 ).
"The Committee recommends that the State party take immediate measures to effectively enforce laws and regulations prohibiting displacement and forced evictions, and ensure that persons evicted from their homes and lands be provided with adequate compensation and/or offered alternative accommodation, in accordance with the guidelines adopted by the Committee in its general comment No. 7 (1997) on forced evictions The Committee also recommends that, prior to implementing development and urban renewal projects [...] and other similar activities, the State party should undertake open, participatory and meaningful consultations with affected residents and communities. (45)
As even this recommendation has not been adequately fulfilled, there is thus clearly a responsibility for human rights defenders to publicly address these structural violations with the available support like INSAF was trying to do - by bringing to public debate that "contrary to its claims of alleviating poverty and promoting well being, the ADB has designed and supported projects and policies that have led to the displacement of large numbers of peoples, destruction of native, biodiverse eco-systems, and alienated workers, fisher-folk, peasants/farmers, adivasis and herders from their sources of livelihoods" (46) -, so we ask the UN Special Rapporteur to clarify together with the government of India, why INSAF project's effort to fulfill this responsibility to defend neglected human rights was then judged by the government of India as illegal?
"The Special Rapporteur is particularly concerned at the plight of human rights defenders working for the rights of marginalized people, including Dalits, Adivasis (tribals) and sexual minorities, who face particular risks and ostracism because of their legitimate activities. Collectivities striving to achieve the rights of those people have also been victimized."
"Frequently, Adivasis's non-violent means of protests against exploitation of their lands and displacement have been met by violent state response. They are often arrested and placed in detention with false cases." "In the context of the country's economic policies and despite legal requirements of consultation and rehabilitation, defenders engaged in denouncing development projects that threaten or destroy the land, natural resources and the livelihoods of their community or of other communities have been targeted, increasingly on a joint basis, by State agents and private actors and are particularly vulnerable." (47)
3. Rights to defend human rights to food, health, water and public wellfare services from being violated in the name of wrongly defined commercial growth and poverty reduction
"Every State has the primary responsibility to promote the economic, social and cultural development of its people and, to that end, has the right and responsibility to choose its means and goals of development and should not be subject to external specific prescriptions for economic policy". "Structural adjustment"-type prescriptions or "policy conditionalities limit public expenditure, impose fixed expenditure ceilings and give inadequate attention to the provision of social services" and usually "only a few countries manage to achieve sustainable higher growth under these programmes" (48) as they do not increase area's productivity as its ability to sustain more human life. They merely transfer area's land, forest, water and biodiversity under commercial control and commercial consumption - which appear as GDP growth also when it makes the area to sustain less human life and well-being than earlier.
"The Committee is deeply concerned that, de spite the rapid economic growth" of India, "high levels of poverty as well as serious food insecurity and shortages persist in the country, disproportionately affecting [...] the disadvantaged and marginalized groups." Thus "in its pursuit of economic growth, and in its definition of the poverty threshold exclusively in terms of consumption", India "has overlooked its obligations to fully integrate human rights [...] in its poverty-reduction strategies. The Committee is also concerned about reports of corruption, inefficiency and discrimination in distribution that hamper access to food, particularly by the disadvantaged and marginalized groups of society who have been excluded from the benefits of the State party's economic growth." (49)
Multilateral financial institutions tend to presuppose - like the IMF - that “economic growth, based on robust private sector activity and investment, will be the keystone of the poverty reduction strategy" which is to "require the privatization of public utilities [...], deregulation, removal of subsidies [...], the promotion of exports and foreign investment and trade liberalization." (50) "The Committee is deeply concerned that the extreme hardship being experienced by farmers has led to an increasing incidence of suicides by farmers over the past decade" and "that the extreme poverty among small-hold farmers caused by the lack of land" and adequate finance for the poor "has been exacerbated by the introduction of genetically modified seeds [...] and the ensuing escalation of prices of seeds, fertilizers and pesticides, particularly in the cotton industry". (51)
High commercial growth of India whose official income p er capita (in US$ PPP) has more than doubled between 1995 and 2008, maintains 1/3 of world's hunger and related deprivation of subsistence, health and adequate living. South Asia's "total number of poor, which stands at about 596 million people in 2010, accounting for 46 percent of the world's poor." (52)
Why India's high commercial growth has maintained hunger, poverty and human rights violations, and why thus the above-mentioned human right obligations are particularly relevant in case of India, is because:
a) "India is home to 42 percent of the world's underweight children and 31 percent of its stunted children".(53) In respect to Global Hunger Index (GHI) "India has lagged behind in improving its GHI score despite strong economic growth". Thus in the world "among the regions, South Asia has the highest 2012 GHI score" . Between the years 2001-2012, more than 75% of the Sub-Saharan African countries have got rid of hunger more efficiently than India, where hunger has not decreased through high GNP growth. "In India, 43.5 percent of children under five are underweight" (WHO 2012) whereas "by comparison, only 23 percent of children are underweight in Sub-Saharan Africa". (54)
b) Even though India has been a net-exporter of grain already for 30 years, still 230 million people in India suffer from malnutrition. "Eight highly populated Indian states are home to 421 million multi-dimensionally poor people – more than in the 26 poorest African countries combined".
"Nearly 30% of the global childhood deaths attributed to stunting, severe wasting, and intrauterine growth restriction-low birthweight occur in India". "In 2005-06, about 44% of Indian children under five were underweight, and 48% were stunted due to chronic malnutrition [...] Due to the country‘s size, this means India is home to 42% of the world‘s underweight children [...] and 31% of the world‘s stunted children".
"Nearly 40% of all low birthweight babies in the world are born in India". (55) 70 per cent of India still lives in the villages, where only two per cent of qualified allopathic doctors are available and 80 per cent of healthcare is now in private sector. India's "children from scheduled tribes have the poorest nutritional status on nearly every measure and the highest prevalence of wasting (28%) among under-fives." (56) "Forty-seven per cent of the country's rural tribal population lives below the poverty line" and "the structural biases that marginalized groups face – including [...] scheduled tribes – are reflected in their lower human development attainments", particularly in "districts with high tribal concentrations." (57)
As states where India's highest GDP growth and industrialisation has been maintained for years, like Chhattisgarh or Gujarat, continue to maintain also highest malnutrition and poverty, it is clear that such structure of commercial growth is rather an engine and not the solution of the crisis of hunger and poverty.as such growth does not increase state's ability to sustain more human life but rather transfers the land, forest, and water under the commercial control away from the hands of the poor people who earlier lived by their regeneration of their biodiversity. "The Committee is concerned about the shortage of access to safe drinking water and the presence of heavy metals in groundwater" and "despite the economic growth achieved by the State party, health-care expenditures remain exceptionally low at around 1 per cent of GDP [...] a significant proportion of the population continues to have limited or no access to basic health services". "The quality and the availability of the health services provided under the scheme have been adversely affected by the large-scale privatization of the health service in the State party, impacting in particular on the poorest sections of the population." (58)
INSAF thus applied support to "challenge the economic growth driven development model promoted by the IFIs" and to defend human rights:
"Given the present situation of [...] recurring financial and food crises and growing inequality in the Asia-Pacific region, we cannot allow our governments and the IFIs to continue business as usual model any more. Urgent action needs to be taken to increase public awareness of the problems with the dominant development-economic growth model, and push our governments to move towards genuinely sustainable development models without further delay." (59)
Also this activity and purpose of the INSAF project was thus highly compliant with the recommendations which UN Committee on Economic, Social and Cultural Rights and other UN bodies had given for India, but which the government had not adequately fulfilled:
- "The Committee also reco mmends that the State party take effective measures to increase awareness of the rights enshrined in the International Covenant on Economic, Social and Cultural Rights among the public at large". India would need improved " anti-discrimination legislatio n guaranteeing the right to equal treatment and protection against discrimination, specifically prohibiting discrimination in employment, social security, housing, healthcare and education on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as stipulated in article 2(2) of the Covenant." (60)
- States must particularly "respect their obligations in relation to the economic, social and cultural rights when making decisions, including... in international financial institutions like World Bank, the International Monetary Fund, regional financial institutions" (61) like Asian Development Bank.
When a state takes first loan to expand commercial control over such land, water, forest and their biodiversity which poor people have earlier used for their informal livelihood, and when a country then pays such loan from its public funds, such "diversion... of resources from public-services expenditure to debt servicing constitutes an obstacle to sustainable development and the realization of human rights." (62).
Compliant to what the UN human rights bodies have brought to the discussion on human rights impacts of the policies of multilateral financial institutions, INSAF thus also initiated needed public discussion over the concerned neglect and vioations of human rights by the policies of the multilateral financial institutions:
"Along with the World Bank, the ADB has facilitated and demanded the privatisation and commodification of natural wealth and essential services, thus concentrating control over precious resources in the hands of the wealthy and driving up the costs of living and even survival for the majority. Particularly vulnerable are adivasi, forest and poor migrant communities, and among these the women" (63)
In general, globally "the adverse impact of structural adjustment policies [...] on the provision of basic, human-rights-related social services, as well as their contribution to the increasing poverty and marginalization of the poor in the developing countries that were constrained to implement them, is well documented" according to the UN independent expert on the effects of international financial obligations on human rights. (64)
"There is extensive evidence that the diversion of scarce national resources from fundamental public services of education, health, water, sanitation, housing and infrastructure to debt servicing significantly reduces the capacity of debtor countries, particularly poor countries, to establish the conditions for the realization of human rights, particularly economic, social and cultural rights."
Various "United Nations human rights bodies have consistently observed" that such conditionalities of financing " constitute an obstacle to development and the realization of human rights in many developing countries." (65)
"Instead of learning from the evidence of these impacts, the ADB continues with business as usual, promoting rapid economic growth at any cost through greater privatisation and financialisation. In response, the Peoples' Front Against International Financial Institutions (IFIs) will organise a Peoples Forum where representatives from affected and concerned constituencies can meet, share their experiences and analyses, and plan strategies to resist the destruction of our societies, environments and capacities, as well as push our governments towards a different development model that respects nature, human rights, social well-being and equity."
INSAF project thus just again tried to communicate to public discussion what UN human rights organs have brought up in respect to the multilateral financial institutions - through a forum where "about 500 people will gather [...] to share their experiences and analyses of the development model promoted by International Financial Institutions (IFIs), especially the World Bank and the Asian Development Bank (ADB)":
"ADB, a 'so-called development' financial institution, is claiming to be dedicated to fight poverty in Asia and Pacific region. While under the cloak of fighting poverty, the Bank has been prescribing failed models of development by facilitating privatisation of natural resources and basic needs like water and power, as well encouraging private sectors which are profit-mongers, non-accountable and non transparent. The Long-Term Strategy Framework (Strategy 2020) of the Bank guides the private sector participation in Bank's operation as well as borrower's activities" (66)
"Empirical evidence shows that in many of the poorest countries the fulfilment of debt service obligations is often undertaken at the expense of social investment, including investment in services that contribute to the realization of human rights" (67 ).
The loan, debt and related advices of international financial institutions "must respect the debtor State's independent process of national development" (68)."The right to self-determination requires the legitimate authorities of a State to have independent control over the direction of a State's economy" with the right of permanent sovereignty "to possess, use, or otherwise dispose of their natural wealth and resources" "free from pressure, influence or interference from external actors, including other States and international financial institutions". " Every State has the sovereign and inalienable right to implement a process of national development" "in full compliance with and respect for human rights, paying particular attention to the most vulnerable groups in society." (69)
Through the financial institutions' requirements, countries' options to finance their societies are conditioned by "privatization of utilities such as water and electricity; cuts in public expenditure (often at the expense of funding basic social services, including those designed to benefit the poor); [...] the introduction of user fees for basic social services such as basic education and primary health care; and trade liberalization". (70)
But as the aim which such conditionalities, growth and "trade liberalization should serve is the objective of human well-being to which the international human rights instruments give legal expression" (71), thus:
"From a human rights perspective, regulation is a duty: human rights law requires States to take
appropriate legislative, administrative, budgetary, judicial and other measures to fulfil human rights"
in respect to which obligations on the right to development "trade liberalization can actually be a barrier to development [...} and may violate the human right to development." (72).
"Trade liberalization has had a negative impact on the realization of human rights, particularly economic, social and cultural rights and the right to development in those countries. Indeed, the continued imposition of policy conditions such as trade liberalization and privatization on the provision of concessional loans or debt relief is inconsistent with the historical evidence" which shows it is "failing to deliver the expected economic growth and development" and "undermines country ownership, as well as national policy space and the ability of Governments to regulate for the benefit of vulnerable groups and in favour of their development agendas. By taking policy decisions away from sovereign Governments and placing them in the hands of unelected donor officials, conditionality undermines the accountability of Governments to their citizens and goes against the accepted norms of good governance" (73)
States have "to ensure that global economic policymaking is consistent with the realization of human rights, particularly economic, social and cultural rights and the right to development" and that its "conditionalities should not impair the capacity of States to deliver and provide access to basic public services." (74)
"International financial organizations and private corporations have an obligation to respect international human rights. This implies a duty to refrain from formulating, adopting, funding and implementing policies and programmes which directly or indirectly contravene the enjoyment of human rights" and to "ensure that any and all of their activities... do not derogate from these obligations." (75)
"States should ensure that the implementation of the policies... does not impair the realization of all human rights, particularly economic, social and cultural rights, in debtor States". "International investment agreements... should comply with all human rights in the territories of the contracting States" also "to the extent that international investment agreements contemplate sovereign debt as a type of investment". (76) " States must design and implement policies and programmes to further the delivery of basic services essential for the enjoyment of all human rights, particularly economic, social and cultural rights, in a manner
that is consistent with the principle of equality and non-discrimination". "States should analyse policies and programmes... with respect to their impact on...the enjoyment of human rights... to promote a more equitable and non-discriminatory distribution of the benefits of growth and services" (77)
"Funds obtained through external loans should not be used to fund any activity or project that will contribute to or exacerbate violations of human rights, particularly economic, social and cultural rights." "Debtor States should use their financial resources optimally in order to realize all human rights. Excessive or disproportionate debt servicing that takes away financial resources meant for the realization of human rights should be adjusted or modified accordingly to reflect the primacy of human rights. Debtor States' budgetary allocations should reflect the priority of human rights-related expenditures" (78) " Lender States, international financial institutions and private institutions should have a comprehensive legal and institutional framework that promotes and ensures transparency and accountability in the negotiation and contracting of loans", "to ensure that the loan funds will not be wasted through official corruption, economic mismanagement or other unproductive uses". There is a need for adjusting and "re-orienting existing budgetary allocation" which "does not reflect a high priority for human development spending and enhanced protection for the enjoyment of fundamental human rights and freedoms". (79)
" States have an obligation to avoid retrogressive measures, that is, any deliberate action which has the effect of impairing the advancement in economic, social and cultural rights". "States should ensure that their rights and obligations arising from external debt,...do not lead to the deliberate adoption of retrogressive measures." (80) In this respect "new loans should not be made conditional on privatization, investment deregulation and trade liberalization, all of which have proved ineffective". (81).
4. Rights to defend human rights transparency and democratic participation in decisions
To prevent the violations, there is responsibility for "international financial institutions, and debtors alike to consider the preparation of human rights impact assessments with regard to development projects, loan agreements or poverty reduction strategy papers" to secure that " the exercise of the basic rights of the people of debtor countries to food, housing, clothing, employment, education, health services and a healthy environment cannot be subordinated to the implementation of structural adjustment policies, growth programmes and economic reforms arising from the debt". (82 )
" Lenders should not finance activities or projects that violate, or would foreseeably violate, human rights in the Borrower States." To secure this condition of their financing the lenders have "to conduct a credible Human Rights Impact Assessment (HRIA) as a prerequisite" "with the full and informed participation of affected communities, based on the normative framework for international human rights law". (83) "The international debt restructuring mechanism should be independent of creditors and debtors" and "ensure that a debtor State, during and after the restructuring process, should be able to fulfil its international human rights obligations, implement its development programme and provide basic services to all persons living in its territory and under its jurisdiction". (84)
These conditions must be ensured with "transparency, participation and accountability... in the lending and borrowing decisions by States, international financial institutions and other actors" requiring "the full disclosure of all relevant information regarding loan agreements, debt repayments, debt management, outcomes of public debt audits", etc. and "effective and meaningful input from all stakeholders" and "remedial measures that ensure decision-makers are answerable". (85)
As INSAF sees that "crucial decisions will be taken at the AGM regarding the future direction of development and economic growth in the Asia-Pacific region, as well as ADB financing for projects in the region" (86), it facilitates people's participation to more open debate on such decisions through public outreach, seminars, workshops and planning forums on IFI and development, privatisation, financialisation, climate change and human rights also to build a platform led by peoples' movements to resist the model of the IFIs by people-/ environment-friendly development models - with briefing materials on privatisation, infrastructure, land and resource rights - to build, marches and street activities, media and cultural events, films on development and human rights. Such gatherings are needed to ensure the requirements of human rights to participation - also to get other human rights requirements to become taken into account in IFIs' multi-lateral decisions.
UN Special Rapporteur on the situation of human rights defenders, noted on her visit to India that:
"India should be proud of its human rights defenders, who are a key asset in advancing human rights and democratic governance. In an environment where economic liberalization and rapid economic growth have transformed many sectors and lives, but where the dividends have not been shared by others, human rights
challenges are growing. For this reason, it is vital that human rights defenders have an environment where they can operate freely and safely without fear." (87)."States should give full recognition to the important work carried out by defenders working on land and environmental issues in trying to find a balance between economic development and respect of the environment, including the right to use land [...] and the rights of certain groups, including indigenous peoples and minorities."
" States should not tolerate the stigmatization of the work of these defenders by public officials [...] particularly in context of social polarization, as this can foster a climate of intimidation and harassment which might encourage rejection and even violence against defenders." (88)
Her " Recommendations for the consideration of the international community and donors" such as Semenpuu Foundation included that:
a) "The situation of human rights defenders, in particular the most targeted and vulnerable ones, should be continually monitored and support for their work should be expressed through, inter alia, interventions before central and state institutions."
b) "Efforts should be intensified in empowering civil society, including by increasing their capacity." (89)
c) "The European Union Guidelines on Human Rights Defenders and local strategies on India should be implemented on a systematic basis." (90)
According to these European Union Guidelines on Human Rights Defenders, the recommended "wide range of practical supports for assisting human rights defenders" include:
– "seeking to ensure that human rights defenders in third co untries can access resources, including financial resources, from abroad and that they can be informed of the availability of those resources and of the means of requesting them"
– "supporting human rights defenders, as well as NGOs that promote and protect human rights defenders' activities, through such activities as... public awareness campaigns, and facilitating cooperation between NGOs, human rights defenders and national human rights institutions"
– "assisting in the establishment of networks of human rights defenders at international level, including by facilitating meetings of human rights defenders both within and outside the EU" ( 91)
"The EU supports the principles contained in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms".
The supported "activities of human rights defenders include:
– documenting violations;
– seeking remedies for victims of such violations through the provision of legal, psychological, medical or other support;
– combating cultures of impunity which serve to cloak systematic and repeated breaches of human rights and fundamental freedoms; and
– mainstreaming human rights culture and information on human rights defenders at national, regional and international level. " ( 92)
"The work of human rights defenders often involves criticism of government policies and actions. However, governments should not see this as a negative. The principle of allowing room for independence of mind and free debate on a government's policies and actions is fundamental, and is a tried and tested way of establishing a better level of protection of human rights. Human rights defenders can assist governments in promoting and protecting human rights. As part of consultation processes they can play a key role in helping to draft appropriate legislation, and in helping to draw up national plans and strategies on human rights. This role too should be recognised and supported." (93 )
"In its contacts with third countries, the EU will, when deemed necessary, express the need for all countries to adhere to and comply with the relevant international norms and standards, in particular the UN Declaration" on rights of human rights defenders (94)
Ville-Veikko Hirvela is from Finland. He works on adivasis and indigenous people of Asia, Latin America and Africa. He is part of Friends of the Earth as well as Siemenpuu Foundation in Finland
Notes and References
1. UN Special Rapporteur on human rights defenders, visit to India A/HRC/19/55/Add.1, Margaret Sekaggya, New Delhi, 21 January 2011
3. UN Special Rapporteur on human rights defenders, visit to India A/HRC/19/55/Add.1, paragraph 146
4. UN Special Rapporteur on human rights defenders, visit to India, A/HRC/19/55/Add.1, paragraph 156-157
5. UN Special Rapporteur on human rights defenders, visit to India, A/HRC/19/55/Add.1, paragraph 144
6. UN Special Rapporteur on human rights defenders, visit to India, A/HRC/19/55/Add.1, paragr. 137-138
7. UN Declaration on human rights defenders, A/RES/53/144, General Assembly 1999, article 1. (Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms). See also A/HRC/19/55/Add.1 para 137
9. UN Declaration on human rights defenders, A/RES/53/144, article 13
10. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
11. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
12. UN Declaration on human rights defenders, A/RES/53/144, articles 1 and 13
13. UN Declaration on human rights defenders, A/RES/53/144, article 5
14. UN Declaration on human rights defenders, A/RES/53/144, article 6
15. UN Declaration on human rights defenders, A/RES/53/144, article 6-7
16. UN Declaration on human rights defenders, A/RES/53/144, article 8
17. UN Declaration on human rights defenders, A/RES/53/144, article 9
18. UN Declaration on human rights defenders, A/RES/53/144, article 9
19. UN Declaration on human rights defenders, A/RES/53/144, article 12
20. UN Declaration on human rights defenders, A/RES/53/144, article 12
21. UN Declaration on human rights defenders, A/RES/53/144, article 2.2
22. UN Declaration on human rights defenders, A/RES/53/144, article 13
23. Report of the UN Special Rapporteur on the situation of human rights defenders, A/66/203, 28 July 2011, paragraphs 68- 69.
24. UN Special Rapporteur on human rights defenders, visit to India, A/HRC/19/55/Add.1 paragraph 109
25. Ministry of Foreign Affairs of India, Foreigners Division (FCRA wing), order on suspension of the FCRA registration of INSAF, 1st May 2013
26. UN Special Rapporteur on human rights defenders, visit to India, A/HRC/19/55/Add.1, paragraph 31 and http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10660&LangID=E
27. Report of the UN Special Rapporteur on the situation of human rights defenders, A/66/203, 28 July 2011, paragraphs 69 and 71-73
28. Ministry of Foreign Affairs of India, Foreigners Division (FCRA wing), order on suspension of the FCRA registration of INSAF, 1st May 2013
29. CESCR, E/2009/22, E/C.12/2008/3, paragraph 248
30. CERD/C/IND/CO/19, 5 May 2007, paragraph 19
31. CESCR, E/2009/22 E/C.12/2008/3, paragraph 261
32. Working Group on Human Rights in India and the UN: Human Rights in India; Status Report 2012. See also Planning Commission, Government of India, The Draft Approach Paper for the Twelfth Five-Year Plan, August 2011 and Walter Fernandes, Development-induced Displacement and Human Rights, Seven Sister's Post, November 24, 2011, available at: http://www.sevensisterspost.com/epaper/24.11.11.pdf
33. UN Special Rapporteur on human rights defenders, visit to India, A/HRC/19/55/Add.1 paragraph 117
34. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
35. NHRC-India Submission to the UN Human Rights Council for India's Second Universal Periodic Review, pages 3-4, http://nhrc.nic.in/Documents/Reports/UPR-Final%20Report.pdf . See also A/HRC/WG.6/13/IND/3 , Summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21, paragraph 28
36. UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraphs 11 and 27
37. UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraphs 71-72
38. CESCR General comment 7. The right to adequate housing (Art.11.1): forced evictions : . 05/20/1997
39. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions" 40. UN Basic principles and guidelines on development-based evictions and displacement A/HRC/4/18, paragraph 38
41. http://www.ohchr.org/EN/Issues/Housing/Pages/ForcedEvictions.aspx and "Forced Evictions", UN Commission on Human Rights resolution 1993/77(1) and Forced Evictions - Toward Solutions. Second Report of the Advisory Group on Forced Evictions to the Executive Director of UN-HABITAT, 2007, page 3 and http://www.ohchr.org/EN/Issues/Housing/Pages/ForcedEvictions.aspx
42. Diverse human rights conditions which must be safeguarded against displacement include for example:
- "Comprehensive and holistic impact assessments should be carried out prior to the initiation of any project that could result in development-based eviction and displacement, with a view to securing fully the human rights of all potentially affected persons, groups and communities, including their protection against forced evictions." ( UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraphs 32)
- "States should explore fully all possible alternatives to evictions. All potentially affected groups and persons, including women, indigenous peoples and persons with disabilities, as well as others working on behalf of the affected, have the right to relevant information, full consultation and participation throughout the entire process, and to propose alternatives that authorities should duly consider." "Prior to any decision to initiate an eviction, authorities must demonstrate that the eviction is unavoidable and consistent with international human rights commitments protective of the general welfare" and " en able those subject to eviction to take an inventory in order to assess the values of their properties, investments and other material goods that may be damaged" including "non-monetary losses to be compensated. ( UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraphs 38, 40 and 42).
- "Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights" but "adequate alternative housing, resettlement or access to productive land" must be secured to be "available and provided". "Alternative housing should be situated as close as possible to the original place of residence and source of livelihood of those evicted." ( UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraphs 43) "Identified relocation sites must fu lfil the criteria for adequate housing according to international human rights law" including "security of tenure" and "affordable housing" with access to "services, materials, facilities and infrastructure such as potable water, energy for cooking, heating and lighting, sanitation and washing facilities, means of food storage, refuse disposal, s ite drainage and emergency services, and to natural and common resources".
There must be secured culturally appropriate, "habitable housing providing inhabitants with adequate space, protection from cold, damp, heat, rain, wind or other threats to health, structural hazards and disease vectors, and ensuring the physical safety of occupants", the "security of the home", "privacy" and "freedom from violence; and access to remedies for any violations" so that people can live with safe "access to employment options, health-care services, schools, childcare centres and other social facilities". ( UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraph 55)
- "In determining the compatibility of resettlement" governments should ensure that the "right of affected persons, gr oups and communities to full and prior informed consent regarding relocation must be guaranteed" and "n o affected persons, groups or communities shall suffer detriment as far as their human rights are concerned, nor shall their right to the continuous improvement of living conditions be subject to infringement." ( UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraph 56).
43. Committee on Economic, Social and Cultural Rights (CESCR), General Comment 20 on Non-discrimination in economic, social and cultural rights, paragraphs 9, 18, 25-26 and 34
44. UN Basic principles and guid elines on development-based evictions and displacement A/HRC/4/18, paragraph 61
45. CESCR, E/2009/22 E/C.12/2008/3, paragraph 288
46. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
47. A/HRC/19/55/Add.1 paragraphs 71, 109 and 117
48. A/HRC/RES/20/10, paragraphs 6-7
49. CESCR, E/2009/22 E/C.12/2008/3, paragraph 245
50. A/65/260 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 9 August 2010, paragraph 13
51. CESCR, E/2009/22 E/C.12/2008/3, paragraph 246
52. SAFF to 2020, pages xvi and 86
53. IFPRI: Global Hunger Index 2010, page 21 and UNICEF 2009, page 18
54. IFPRI: Global Hunger Index 2012, pages 11-14
55. UNDP, Draft country programme document for India (2013-2017), DP/DCP/IND/2, 28 March 2012, page 2 http://web.undp.org/asia/country_programme/CP/CP_IND_2013-2017.pdf See also von Grember et al 2010; UNICEF 2009; NFHS-III and UNICEF 2009, UNICEF 2006 and "Tracking Progress on Child and Maternal Nutrition", http://www.unicef.org/publications/files/Tracking_Progress_on_
56. Nirupam Bajpai and Ravindra H. Dholakia: "Improving the integration of health and nutrition sectors in India", Working Paper No. 2, May 2011, page 8, http://globalcenters.columbia.edu/files/cgc/pictures/Improving_Integration_of_
57. UNDP, Draft country programme document for India (2013-2017), DP/DCP/IND/2, 28 March 2012, page 2 http://web.undp.org/asia/country_programme/CP/CP_IND_2013-2017.pdf and UNICEF 2009, Tracking Progress on Child and Maternal Nutrition, http://www.unicef.org/publications/files/Tracking_Progress_on_
58. CESCR, E/2009/22 E/C.12/2008/3, paragraphs 250-251 and 255
59. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
60. CESCR, E/2009/22 E/C.12/2008/3, paragraphs 264 and 269
61. CESCR/48th/SP/MAB/SW, 16 May 2012
62. A/65/260 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 9 August 2010, paragraph 7
63. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
64. A/65/260 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 9 August 2010, paragraph 16, see also e.g., E/1990/5/Add.48, paras. 3 and 35; CEDAW/C/CMR/1; CRC/C/65/Add.18, para. 382; CRC/C/3/Add.62, paras. 121, 134 and 457; CRC/C/KEN/2, para. 30; E/C.12/KEN/1, paras. 6 and 90; CRC/C/70/Add.18, para. 67; E/C.12/BOL/2, paras. 2 and 372; CRC/C/65/Add.2, paras. 35, 36 and 124; E/1990/5/Add.40, paras. 6, 36 and 170; CEDAW/C/HON/6, para. 350; CRC/C/65/Add.28, para. 53; E/C.12/IND/5, para. 4; CRC/C/70/Add.17, paras. 128 and 144; CRC/C/65/Add.30, paras. 36 and 37; CEDAW/C/BRA/1-5; E/CN.4/2001/53; E/CN.4/2006/44; E/CN.4/2002/59; and E/CN.4/2001/52. See also Hardstaff, Treacherous conditions, p. 5.
65. A/65/260, Guiding principles on foreign debt and human rights, Introduction, See, for example, the following concluding observations, Committee on Economic, Social and Cultural Rights: E/C.12/1/Add.106 (Zambia); E/C.12/1/Add.78 (Benin); E/C.12/Add.71 (Algeria);
E/C.12/1/Add.66 (Nepal); E/C.12/1/Add.63 (Syrian Arab Republic); E/C.12/1/Add.62 (Senegal); E/C.12/1/Add.60 (Bolivia, Plurinational State of); E/C.12/1/Add.57 (Honduras); E/C.12/1/Add.55 (Morocco); E/C.12/1/Add.49 (Kyrgyzstan); and E/C.12/1/Add.48 (Sudan); Committee on the Rights of the Child: CRC/C/15/Add.218 (Madagascar); CRC/C/15/Add.204 (Eritrea); CRC/C/Add.207 (Sri Lanka); CRC/C/15/Add.197 (Republic of Korea); CRC/C/15/Add.193 (Burkina Faso); CRC/C/15/Add.190 (Sudan); CRC/C/15/Add.186 (Netherlands/Netherlands Antilles); CRC/C/15/Add.179 (Niger); CRC/C/15/Add.174 (Malawi); CRC/C/15/Add.172 (Mozambique); CRC/C/15/Add.160 (Kenya); CRC/C/15/Add.152 (Turkey); CRC/C/15/Add.138 (Central African Republic); CRC/C/15/Add.130 (Suriname); CRC/C/Add.124 (Georgia); and CRC/C/15/Add.115 (India); Committee on the Elimination of Discrimination against Women,
Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 38 (A/57/38), paras. 149 (Uganda) and 155 (Trinidad and Tobago); ibid, Fifty-sixth Session, Supplement No. 38 (A/56/38), part one, para. 227 (Jamaica) and part two, paras. 161 (Guyana) and 227 (Netherlands); ibid, Fifty-fifth Session,
Supplement No. 38 (A/55/38), para. 44 (Cameroon). See also Human Rights Council, Consolidation
of findings of the high-level task force on the implementation of the right to development, 25 March
2010, A/HRC/15/WG.2/TF/2/Add.1, para. 54.
66. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
67. A/HRC/20/23: Report 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, Cephas Lumina, paragraph 3. For example, in 2004, Ecuador's external debt was US$16.9 billion and its debt service payments amounted to US$3.7 billion (more than six times its expenditure on health care); in 2006, Kenya spent more on debt servicing than on health; in 2006, the Philippines spent over 32 per cent of its annual budget on servicing interest payments compared with around 14 per cent on education and 1.3 per cent on health. See Jubilee Debt Campaign, Debt and Health, Briefing (2007), available from www.jubileedebtcampaign.org.uk/Debt3720and3720Health+3795.twl ; Jubilee Debt Campaign, Debt and Education, Briefing (2007), available from www.jubileedebtcampaign.org.uk/Debt3720and3720Education+3198.twl ; and Jubilee Debt Campaign, Debt and Public Services, Briefing (October 2007), available from
68. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraph 75
69. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 25-27
70. A/65/260 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 9 August 2010, paragraph 6
71. CESCR, E/C.12/1999/9, 26 November 1999, Statement to the WTO Third Ministerial Conference, Seattle, 1999
72. A/65/260 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 9 August 2010, paragraphs 18 and 23
73. A/65/260 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 9 August 2010, paragraphs 17, 21 and 24
74. A /65/260 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 9 August 2010, paragraphs 48 and 53
75. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 6 and 9
76. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 79 and 82-83
77. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 11-12
78. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 47 and 49
79. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 35 and 37-38
80. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 19-20
81. A/65/260 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 9 August 2010. paragraph 64
82. 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 paragraphs 23- 24
83. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 40-41
84. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 86
85. Guiding principles on foreign debt and human rights A/HRC/20/23, paragraphs 28-31
86. INSAF application to Siemenpuu Foundation; " Peoples' Forum Against International Financial Institutions"
87. Special Rapporteur on human rights defenders, A/HRC/19/ 55/Add.1, paragraph 135
88. Special Rapporteur on human rights defenders, A/HRC/19/55, 21 December 2011, paragraphs 124-125
89. Special Rapporteur on human rights defenders, A/HRC/19/55/Add.1 paragraphs 165-166
91. European Union Guidelines on Human Rights Defenders, guideline 14. http://www.consilium.europa.eu/uedocs/cmsUpload/16332-re01.en08.pdf
92. European Union Guidelines on Human Rights Defenders, guideline 4.
93. European Union Guidelines on Human Rights Defenders, guidelines 5
94. European Union Guidelines on Human Rights Defenders, guideline 12
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