A/HRC/4/71
page 8
of Poland’s Civil Service Act (1998) which introduced clear criteria and a competitive procedure
for the recruitment of civil servants, thus allowing scrutiny over appointments and accountability
of public servants, while providing them with protection against pressure to follow a patron’s
personal or illegal interests. In New Zealand, a different approach was pursued. The
responsibility of appointing public service chief executives was given to the State Service
Commission to reduce the risk of favouritism and conflicts of interest. Mr. Eriksson concluded
by noting that in both cases, open and competitive recruitment with transparent criteria reduced
opportunities for clientelism and, in the process, contributed to stabilizing the public
administration and strengthening the rule of law, which, in turn, contributed to developing the
capacities needed to realize human rights.
15.
Nihal Jayawickrama, Coordinator of the United Nations-sponsored Judicial Integrity
Group, former Executive Director of Transparency International and former Permanent Secretary
to the Ministry of Justice of Sri Lanka, acting as an expert, addressed the interconnection
between corruption and human rights. First, he noted the surprising absence of any reference to
corruption in the principal human rights instruments (and the lack of mention of human rights in
the treaties and resolutions on corruption) despite the fact that “practically every protected
human right can be eroded by corruption and it is the already vulnerable who are victimized”.
Mr. Jayawickrama distinguished between “petty corruption”, which takes the form of a lowly
public official taking a bribe for doing something that is already required/prohibited by law, and
“grand corruption”, which is carried out by well-placed officials who seek payment for
exercising their discretionary powers. Petty corruption originates in “human need” while grand
corruption is rooted in “human greed”. In the developing world, Mr. Jayawickrama maintains,
“corruption caused by human greed at the highest levels of Government invariably leads to
corruption dictated by human need”. An example of the latter was noted in statistics from
Bangladesh on the percentage of households that have paid bribes to secure basic services, such
as admission into school, admission into hospital, a bank loan, and electricity connection.
Mr. Jayawickrama noted that where corruption is pervasive, all human rights suffer: the
prevalence of corruption requires that civil and political rights be restricted, and when national
resources are diverted from public use, Governments become unable to fulfil their social,
economic, and cultural rights obligations. Mr. Jayawickrama observed that corruption exists in
one form or another in every State. He added, however, that countries appear to be better able to
contain corruption when they possess functioning legal and institutional mechanisms, enjoy
governance that is participatory, transparent and accountable, and respect human rights.
Welcoming the recent establishment of the Judicial Group on Strengthening Judicial Integrity, he
noted their preference for human rights language (“right to a fair trial”) over “anti-corruption”
language.
16.
During the discussion, the difficulty encountered in implementing UNCAC and the stress
it placed on State officials who struggle to deal with an ever-widening circle of officials that
need to be held accountable, was noted. A number of essential reforms to improve the capacity
to carry out anti-corruption work were identified: foremost among them is the reform of the
legal system to ensure the independence of judges and transparency in their election. There was
a call for sharing of information and experience on how to establish an effective, independent
and autonomous judiciary that is credible and accessible to citizens. Participants insisted on the
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