161 HUMAN RIGHTS OBLIGATIONS RICH COUNTRIES ARE NOT HONORING.

With few exceptions, rich countries:

when engaging in international assistance and cooperation programs,
when they do not follow the solemn commitments they entered-into in recent world conferences, and even
when helping in the implementation of the MDGs.

They are not taking the necessary measures to ensure the coherent and consistent application of these obligations across their international policy-making process. (For example, according to international HR law, rich countries’ duties in international cooperation should be understood and respected equally by those in their bureaucracies responsible

for foreign affairs,
for finance and trade,
for representing them in international negotiations on trade and debt issues, and
for setting policies and backing projects of the IFIs (where these rich countries have a commanding vote).

They are not living up to the UN target of a development assistance of no less than 0.7% of GDP. They are also

not carefully examining the ‘HR quality’ of their development assistance,
not supporting HR-related development projects,
not helping poor countries fulfill their core HR obligations to reach international minimum thresholds.

They are not ensuring that the international commercial activities for which they have direct responsibility (such as those of their agencies that give financial guarantees to their own companies operating abroad) conform to international HR standards.

Rich countries are also

Not helping to regulate their own private sector foreign investment, including that of TNCs, with a view to ensuring the same conforms with the State’s international HR obligations, especially those impacting upon poverty reduction elsewhere.

Not taking reasonable measures to ensure that the overseas operations of corporations headquartered in their jurisdiction are respectful of the international HR obligations of both the home and the host poor country.

They are not providing needed assistance to poor countries to more effectively and fairly negotiate international trade and intellectual property rights agreements, as well as other multilateral and bilateral agreements that directly impact upon the needs and interests of poor people (and that bear upon the incidence and prevalence of poverty) in those countries. (This also extends to the capacity of poor countries to better negotiate on an equitable basis with TNCs –the resources of which far exceed the resources available to poor countries’ governments).

They are not making their international technical assistance available to help poor countries establish appropriate regulatory frameworks for their private sector, including those for dealing with TNCs and with human rights in general.

Claudio Schuftan, Ho Chi Minh City