A/HRC/4/71
page 14
30.
Maina Kiai highlighted the need for political will to move the anti-corruption agenda
forward and the role of various linkages in order to do so. He observed that Governments
sometimes have to be enticed to tackle corruption, and the media and civil society can help make
this happen. Political will is important even in the corporate world where markets can be used to
get companies to do the right thing. Where markets are not capable of doing this, the human
rights practice of adopting international standards is necessary. Other important linkages
include those between human rights and anti-corruption efforts; the media, which can push the
agenda forward, and civil society, which may pick up from there and pursue the issues; NHRIs
and civil society; and the North, the locus of supply, and South, where demand is located.
Mr Kiai observed that close linkages between anti-corruption bodies and civil society are
particularly important, because the work of anti-corruption agencies need to involve and be
complemented by the civil society to be effective; besides, a close relationship between
anti-corruption agencies and the executive compromises the agencies’ watchdog role. With
regard to the media, Mr. Kiai emphasized the need for internal self-regulation to eliminate
corruption, because the media cannot demand accountability and transparency from others if the
same does not apply to them. Turning to lessons to be drawn from the human rights movement,
“one of the most consistent and persistent movements”, Mr. Kiai emphasized the value of
persistence - in pushing the agenda forward, being creative, repeating the message, etc. - for
anti-corruption work. A final linkage which according to Mr. Kiai needs attention is the one
between armed conflict, human rights and corruption.
31.
In the discussion that followed, participants contributed a range of illustrative examples
and formulated recommendations focused on the contribution of civil society, the media and the
private sector to anti-corruption efforts. Beginning with the private sector, one participant
pointed to the part businesses can play in the field of workers’ rights (e.g.: working conditions,
fair pay) specifically. Another participant emphasized the need for corporate accountability and
for the countries of the North to prosecute Northern companies and individuals involved in
bribing officials in the South. The speaker cited examples of Northern governments that ignored
convictions and did not enforce judgements, and recommended that this issue be raised at the
meeting of the Conference of the States Parties to UNCAC. The importance of engaging civil
society directly was repeatedly noted. Ecuador’s anti-corruption commission was presented as
an example in which the full spectrum of civil society organs are represented and which has
made good progress in the fight against corruption as a result. Citing the case of bribery related
to Tsunami relief in Sri Lanka, one participant stressed the need to develop a methodology to
ensure the public’s participation in speaking up about corruption and to adopt legislation that
protects the rights of witnesses. A related point was made regarding the focus of the Sri Lankan
media on “petty” corruption and relative neglect of the “grand” corruption by high-level
government officials involved in diverting Tsunami aid for other purposes.
32.
A number of additional comments were made in relation to the role of the media in the
fight against corruption. Agreement was expressed regarding the importance of access to
information and transparency in ending the impunity of corrupt officials, and the important role
of the media in this regard. Echoing two of the panellists who referred to the powerful negative
role the media can sometimes play, one participant described how the media rehabilitate the “old
corrupt” as “new business people” and noted that it is as important not to write favourably about
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