A/HRC/44/43
intergovernmental processes in Geneva, Vienna and New York on the issue of corruption
and its impact on human rights. The Council invited OHCHR and UNODC, as the
secretariat of the Conference of the States Parties to the United Nations Convention against
Corruption, to exchange views and to keep each other abreast of ongoing activities to
deepen the understanding of the nexus between corruption and human rights, as appropriate
and within their respective mandates. The Working Group joins the Council in encouraging
OHCHR and UNODC to work closely to further the connections between the business and
human rights and the anti-corruption agendas. In its contribution, the International Chamber
of Commerce highlighted the value of coordination between OHCHR and UNODC, at the
Secretariat level, and among United Nations country offices. The special session of the
General Assembly against corruption, scheduled to be held in 2021, will enable further
collaboration between OHCHR and UNODC.
B.
Corporate capture
72.
The phenomenon of regulatory or corporate capture is an emerging issue for
business and human rights that deserves greater attention. How and when a corporation’s
influence on legislative and regulatory processes negates a decision maker’s ability to act in
the public interest has been subject of debate.125 Civil society has underlined that
corporations may exercise undue influence on legislative and regulatory processes to
advocate for policy that undermines respect for human rights.126 Whether corporate capture
constitutes corruption is subject to discussion. Questions of illegality differ by State. The
United Nations Convention against Corruption recognizes that certain kinds of influence
are potentially prohibited. States have addressed lobbying, undue influence and corporate
capture using means such as asset and income declarations, disclosure systems and conflictof-interest rules.
73.
During its country visits (for example to Brazil, Canada, Honduras, Kenya and
Mexico),127 the Working Group has explored corruption in public institutions and business,
and potential corporate capture of the political process that could have an impact on human
rights. The perception of corporate capture of regulatory and policymaking processes can
generate suspicions that companies lack appropriate State oversight. Similarly, there may
be concerns that politicians and high-ranking public officials may have close ties to the
private sector through, among other things, investments and business dealings. Reform of
conflict-of-interest laws and income and asset disclosure systems provide greater
transparency in policymaking processes. Preventing private interests from exerting undue
influence requires an increase in the transparency and independent oversight of political
funding and decision-making.
74.
Strong and clear conflict-of-interest laws can help to prevent corruption and instil
trust in public institutions. They can also help identify situations where public officials and
politicians may have ties to the private sector that could lead to decisions and legislation
that negatively affect human rights. Under article 7 (4) of the United Nations Convention
against Corruption, States must endeavour to adopt, maintain and strengthen systems that
prevent conflicts of interest. While various approaches exist, the Working Group has
previously noted the importance of stronger conflict-of-interest regulation.
125
126
127
See https://tobinproject.org/sites/tobinproject.org/files/assets/Introduction%20
from%20Preventing%20Regulatory%20Capture.pdf.
See, for example, https://ccrjustice.org/Corporate-Capture.
See www.ohchr.org/EN/Issues/Business/Pages/WGCountryVisits.aspx.
21
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