The Need for Debt Relief : How Debt Servicing Leads to Violations of State Obligations Under the ICESCR

The aim of this article is to illustrate how the large repayments of external debts undermine a debtor country's ability to comply with its obligations under the International Covenant on Economic, Social and Cultural Rights and to argue that adequate debt relief to the poorest debtor countries is imperative. First, this article will briefly introduce the magnitude and extent of developing countries' external debt problem. Second, it will argue that creditor countries have human rights obligations beyond their borders and for the people of debtor countries. These obligations ultimately trace their origin and basis to the legal duty of states to engage in “international cooperation and assistance.” Third, it will identify a State Party's obligations under the ICESCR, and demonstrate how they are infringed as a result of huge debt repayments. These are: (1) the obligation to take steps to the maximum of available resources in realizing economic, social and cultural (ESC) rights; (2) the minimum core obligation to ensure the minimum essential levels of each of these rights; and (3) the obligation to avoid retrogressive measures. Fourth and finally, this article will propose that an adequate debt relief – in the form of a substantial reduction of outstanding external debts – be granted to the poorest of debtor countries in order to allow them to progressively realize the ESC rights of their people