A/HRC/4/71 page 11 of equality before the law, the cases contributed to raising public awareness regarding corruption. The President’s acceptance of the Commission’s jurisdiction to investigate further enhanced the Commission’s stature as an independent agency. Summing up the challenges before the Commission in its fight against corruption, Ms. Bossman cited the need to upgrade the legal and institutional framework, political will on the part of Government, a responsible media, independent and adequate resourcing, and better retention of staff through improved working conditions. 23. Maina Kiai, Chair of Kenya National Commission on Human Rights, acting as an expert, reviewed human rights and good governance approaches that are effective for fighting corruption, and emphasized the value of “bottom-up” and “demand driven” strategies where citizens themselves advocate for change and hold political elites accountable. Mr. Kiai recommended that similar approaches be used in anti-corruption efforts and pointed to human rights and good governance principles that are vital for such efforts: access to information; equality under the law; asset recovery as a deterrent; a well resourced, independent and efficient judiciary; an accountable police force; effective electoral administration; an active civil society capable of counterbalancing the power of the State; effective oversight and ombudsman offices; and a free and pluralistic media that enjoys freedom of expression. He suggested that a comprehensive system of accountability for combating corruption can be drawn from human rights. For example, tackling the “circle of issues” in a holistic manner would call for addressing: both users and suppliers; exposing the lawyers, accountants, bankers, and others who facilitate corruption and concealment of funds; exposing the international linkages that fuel and sustain corruption; and holding countries hosting the sources of money accountable. Other components of a system of accountability rooted in human rights and good governance include: the principle of separation of powers; campaign finance laws to prevent the buying of votes; dealing with impunity for past human rights violations to signal that a new chapter has been opened; use of “smart” or “targeted” sanctions; and stringent corporate social responsibility. 24. In the discussion that followed the presentations, questions were raised regarding the best way to prevent petty corruption among inadequately paid public servants in poor countries; whether the return of money or a conviction is most important when pursuing a bribery case; and what can be done in response to Governments’ refusal either to recognize the right to access to information or to implement existing access to information laws. With regard to the level of income of civil servants, one panellist acknowledged that low pay was an important factor but cautioned against “bribing them to not take bribes”. Another noted that a study that looked at salaries and judicial independence found that there is a minimum salary that employees need to live in dignity, but once that is reached, other incentives or opportunities, such as training or pensions, are equally valued. The panellist added that because increasing salaries can also entail problems, each country has to find its own balance. Similarly, with regard to the preference between getting the money back from corrupt officials or punishing them, a panellist ventured that ideally it should be both, if it can be done, otherwise each country must decide for itself. She cited an example of a country where everyone knew that corruption was illegal but did not know they would be prosecuted, so prosecution became important in itself. With regard to what can be done to secure access to information, another panellist insisted on the need of having

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