A/HRC/41/20
rights of the accused. The Implementation Review Mechanism was mindful of these
obligations when reviewing compliance with the Convention by States parties.
6.
Corruption was not an issue included as such in the international human rights
instruments, which mostly predated international anti-corruption efforts. Nonetheless,
international human rights monitoring and enforcement bodies increasingly paid attention
to the impact of corruption on human rights and made recommendations for addressing it.
Human rights mechanisms observed, for example, that corruption undermined a State’s
ability to mobilize resources for the delivery of services essential for the realization of
human rights. Corruption led to discriminatory access to public services in favour of those
able to influence authorities, for example, by offering bribes or resorting to political
pressure. Human rights mechanisms also emphasized that violations of the State duty to
protect human rights were facilitated where insufficient safeguards existed to address
corruption. Human rights mechanisms recommended that whistle-blowers should be
protected. They also recommended that specialized mechanisms against corruption, whose
independence was guaranteed and which were sufficiently well resourced, should be
established.
7.
Mr. Bat-Erdene also highlighted the linkages between corruption and the 2030
Agenda for Sustainable Development. Sustainable Development Goal 16, target 5 explicitly
called upon Member States to substantially reduce corruption and bribery in all their forms.
Goal 16, target 4 required them to significantly reduce illicit financial flows and to
strengthen the recovery and return of stolen assets. Target 6 called upon Member States to
develop effective, accountable and transparent institutions at all levels.
8.
Lastly, Mr. Bat-Erdene provided data that demonstrated the magnitude of the
problem and of the devastating impact of corruption on the enjoyment of human rights and
the Sustainable Development Goals.
III. Summary of the panel discussion
9.
The moderator, Mr. Abrão, informed the panel on recent developments within the
Inter-American Commission on Human Rights concerning corruption and human rights.
The Commission had reviewed the connection between corruption and human rights
repeatedly, and had increasingly recognized its importance. A human rights-based approach
to fighting corruption focused on victims; such a focus had to be a priority in designing
effective anti-corruption strategies. This approach was based on the principles of nondiscrimination and equality, accountability, access to justice, transparency and participation.
It was also premised on the importance of making the impact of corruption on human rights,
in particular economic, social and cultural rights, more visible. Combating corruption was a
key aspect of the democratic exercise of power, required by the Inter-American Democratic
Charter, and a priority of all States members of the Organization of American States (OAS).
In 1996, OAS adopted the Inter-American Convention against Corruption; in 2002, it
established the Mechanism for Follow-up on the Implementation of the Convention.
10.
The Inter-American Commission on Human Rights had documented on various
occasions the impact of corruption on human rights, such as in country reports, its system
of petitions and cases and precautionary measures, and had also adopted two resolutions on
the issue. In its resolution 1/17, on human rights and the fight against impunity and
corruption, adopted in September 2017, the Commission emphasized that the fight against
corruption was inextricably linked to the exercise and enjoyment of human rights.
Recognizing that impunity fostered and perpetuated acts of corruption, the Commission
pointed out that the establishment of effective mechanisms to eradicate corruption was an
urgent obligation in order to achieve effective access to independent and impartial justice
and to guarantee human rights. In resolution 1/18, also on corruption and human rights,
adopted in March 2018, the Commission highlighted, inter alia, the importance of the
independence, impartiality, autonomy and capacity of judicial systems; transparency,
access to information and freedom of information; the impact on civil and political rights,
as well as economic, social, cultural and environmental rights; and the importance of
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