A/HRC/4/71
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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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