A/HRC/19/42
(iv) When appropriate, recipient countries of funds of illicit origin should delink confiscation measures from a requirement of conviction in the country of
origin;
(b)
Repatriated funds of illicit origin should be allocated to the realization of
economic, social, and cultural rights in compliance with the maximum-available
resources principle, through decision-making processes and implementation
procedures that incorporate the principles of transparency, participation, and
accountability;
(c)
The human rights standard of providing effective remedies directed at
creating conditions for avoiding new human rights violations should be applied to the
context of repatriation agreements;
(d)
A wide and participatory policy debate should be oriented to achieve a
better articulation between the procedures implementing the Convention on Bribery
of Foreign Public Officials in International Business Transactions and the obligations
established by the United Nations Convention against Corruption with regard to asset
recovery, so that countries of origin have the opportunity to claim prior ownership
over remedial sanctions imposed by recipient countries of funds of illicit origin;
(e)
Human rights-based policy coherence is of essential importance in the
deliberations and actions by Member States at the Human Rights Council in Geneva
and at the intergovernmental process of the implementation of the United Nations
Convention against Corruption in Vienna.
17
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