A/HRC/44/43 contact points meet the functional equivalence criteria (visibility, accessibility, transparency and accountability) and provide them with adequate human and financial resources. 64. National human rights institutions are important in improving access to effective remedy for business-related human rights abuses. Building on its previous work, 112 the Working Group has initiated a project in this area.113 National human rights institutions can facilitate access to remedy indirectly, by raising awareness, building capacity, assisting rights holders and recommending legal reforms, and directly, by handling complaints concerning business-related human rights abuses. The National Human Rights Commission of Bangladesh reported that it had a close relationship with the Anti-Corruption Commission of Bangladesh and that the institutions engaged in mutual referrals. The Commission on Human Rights and Administrative Justice of Ghana performs multiple functions, including operating as a national human rights institution, an ombudsman’s office and an anti-corruption agency.114 D. Lack of remedy for those harmed by corruption 65. As noted above, the definition of who is a victim is open to debate. Corruption is not a victimless crime,115 yet focus on the people and communities that may bear the ultimate cost when a bribe is paid, the ultimate victims, is rare. Enforcement cases have not generally included reparations for those affected by corruption because they are often not classified as victims.116 In one instance, the victim was defined as the State or investor that lost assets, rather than individuals or communities that may have been affected when the bribe was paid.117 In another, the victim was the company that had suffered from the corrupt activities that had taken place within it.118 In another, a settlement included large payments to regulatory authorities but not to the people living with the day-to-day impact of the corruption. 119 In its contribution, Human Rights Watch highlighted that victims of corruption included anyone whose rights the corruption had helped undermine. Legal definitions of victims are often much narrower. A definition of a victim that acknowledges the extent of the impact that corruption has on the enjoyment of human rights would greatly assist. 66. Courts have analysed article 35 of the United Nations Convention against Corruption, which allows “victims” of corruption to have a right of action against the perpetrator of the corrupt act that caused the harm. In some cases, courts have accepted broader notions of who can seek a remedy. For example, in France, Transparency International, as a French non-governmental organization, could initiate a civil action in a case involving assets allegedly misappropriated by the son of a leader of Equatorial Guinea. In Costa Rica, the State asked a multinational company to pay $10 million as a remedy for “social damage”.120 In cases involving the return of stolen assets, or payment of fines in bribery cases, civil society groups may seek to have those funds or fines used for the benefit of those harmed by the corruption.121 112 113 114 115 116 117 118 119 120 121 See A/72/162 and A/HRC/35/33. See www.ohchr.org/EN/Issues/Business/Pages/ProjectOnRoleNHRIS.aspx. See https://chraj.gov.gh/news/anti-corruption-week-launched-in-accra-2/. See, for example, www.raid-uk.org/victimsofcorruption. See, for example, https://sites.tufts.edu/ihs/reparations-for-corruption-how-corruption-enforcementignores-victims-rights/?utm_source=rss&utm_medium=rss&utm_campaign=reparations-forcorruption-how-corruption-enforcement-ignores-victims-rights; and https://rwi.lu.se/app/uploads/2018/10/Nexus-report-online.pdf. See www.raid-uk.org/sites/default/files/raid-congosvictimsofcorruptionfullreportfinal.pdf. See https://globalanticorruptionblog.com/2020/04/10/the-continuing-controversy-over-thedestination-of-the-petrobras-penalties-the-coronavirus-crisis-has-ended-one-debate-but-may-startanother/#more-15803. See www.airbus.com/newsroom/press-releases/en/2020/01/airbus-reaches-agreements-with-frenchuk-and-us-authorities.html. See https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1779834. See https://lawreview.law.ucdavis.edu/issues/49/2/Symposium/49-2_Ramasastry.pdf. 19