is being done in the name of “non discrimination”. The principle of non discrimination in Human Rights law and
practice admits and even requires affirmative action to achieve results, in terms of human capabilities, that
ensure equal opportunities.
In trade and investment law and international agreements, “non discrimination” means legal equality among
unequals. Individuals and corporations, large or small, national or foreign, are deemed equal and governments
are forbidden from applying affirmative action by, for example, imposing performance requirements on foreign
investors or tilting procurement rules in favor of those who employ workers from vulnerable sectors. Further,
foreign investors are empowered under those rules to sue the host country governments where they operate
using mandatory international tribunals. Local investors, and particularly small and medium enterprises, are
discriminated against, since they can only resort to local courts.
The global financial and economic crisis of the last two years has had a disproportionate impact on developing
countries, even when those had no responsibility at all in creating the crisis and on minorities within these
countries. This is due to a variety of transfer mechanisms, such as a decline in volume and price of export
commodities, less incoming tourism and a reduction in remittances by workers abroad, which in turn lead to
increased indebtedness of many countries.
Large debt overhang acts as an impediment to the fiscal capacity of governments to meet their human rights
obligations. The consequences of such indebtedness and their impacts on the progressive realization of
economic and social rights and the rights of minorities cannot be ignored. Human rights norms and principles
are critical in guiding the assessment of borrowing that needs to be undertaken and the demands that should be
met through grants rather than loans. Principles of accountability and transparency are especially essential
pieces to developing an orderly, transparent and fully participatory debt audit process and workout
mechanism, and to ensuring new lending is engaged in a responsible way, with appropriate social control.
While debt cancellation for countries which had no hand in spawning the global economic crisis is a way to
increase the fiscal space for governments to undertake spending without further borrowing there has been
limited consideration of this option among the international responses to the crisis.
Furthermore, the IMF continues to condition disbursement of debt relief funds on the reduction of fiscal
deficits, despite a broad consensus on the need for fiscal stimulus actions to restore growth. As a result,
several governments have been left with no room or freedom to engage in the countercyclical measures
necessary to support economic and social rights and the rights of minorities.
Public expenditure reductions, fiscal consolidation plans, public sector wage cuts, the phased elimination of
subsidies, capping pension payments and postponing social benefits are just a few ways such restrictive fiscal
measures are carried out, posing clear threats to the measures in favour of minorities. By preventing, rather
than supporting, the type of countercyclical spending (and autonomous policy space) highly required in times of
crisis, pro-cyclical conditionalities undermine minority rights.
This context of deep, interlocking economic, social and environmental calamities worldwide hands us an
historic opportunity and indeed a generational responsibility to rethink the manner in which decision-making in
economic policy has so far occurred, not only to alleviate the impact of this financial crisis but to re-structure
our broken global economy with concrete economic policies founded in human rights norms and principles.
A minority rights policy response does not presuppose a certain type of economic system, nor preordain
detailed fiscal or monetary policies in all contexts. Yet, human rights do provide a clear and