A/HRC/41/20
corruption from a human rights perspective. Panellists were asked whether it was possible
to assess and quantify the impact of corruption on the realization of civil and political rights,
as well as on economic, social and cultural rights, and about which methods could be used
for that purpose. Lastly, panellists were asked whether and how human rights mechanisms,
such as the universal periodic review, and anti-corruption mechanisms, such as the
Implementation Review Mechanism of the United Nations Convention against Corruption,
could use the Sustainable Development Goals, and particularly Sustainable Development
Goal 16, in this regard.
C.
Responses and concluding remarks
50.
After the contributions from the floor, the moderator gave panellists the opportunity
to respond to questions and to make concluding remarks.
51.
Mr. Ayamdoo recalled the issue of measurement of the impact of corruption on
human rights. Corruption was not easily identifiable or measurable, which made it difficult
to assess the impact of corruption on the enjoyment of human rights. Many African
countries considered indicators based on perception not appropriate. Countries that
demonstrated the political will to fight corruption could sometimes be assessed negatively,
on the basis of false perceptions or unfounded allegations of corruption. Further dialogue
and discussions on the measurement of corruption were needed. Indicators of good
performance should be based on positive steps rather than on the number of convictions,
given that the latter approach could encourage the incarceration of innocent persons. Mr.
Ayamdoo concluded by questioning how the review of the United Nations Convention
against Corruption could include human rights principles, given that its procedures were
based on an already defined questionnaire and the fact that the latest review round would
soon be concluded. The universal periodic review could be an opportunity to include the
issue of corruption and its impact on human rights.
52.
According to Mr. Kreutner, general legislation against corruption was a good
practice, unlike legislation intended to sanction corruption in specific foreign countries.
Measuring corruption was problematic, as it was ultimately about measuring human
behaviour. For that reason, resources dedicated to measurement could divert attention away
from the main issues. Using conviction rates to assess the effectiveness of anti-corruption
measures was problematic. Corruption could not be eradicated entirely; it was therefore
preferable to adopt an evolutionary approach rather than a revolutionary one. Technology
had great potential to strengthen the fight against corruption, even though it was not the
solution to all problems, and its abuse could lead to a dystopian scenario of human rights
violations. International cooperation should build on what was already in place, including
the United Nations Convention against Corruption and its Implementation Review
Mechanism, and the follow-up mechanism beyond the second review cycle. The recovery
and return of assets remained a major challenge, and needed to be addressed. Another
challenge was the lack of resources. Some international organizations lacked funding to
engage in technical assistance and capacity-building. One possible solution was the “let
crime pay” principle, namely, to contribute a percentage of the money or of the
corresponding value of the proceeds of crime or confiscated property to technical assistance
and capacity-building activities.3 Mr. Kreutner stated that he would prefer to have separate
mechanisms for human rights and for anti-corruption activities working in close
cooperation rather than one mechanism with cumulative functions. In his view, establishing
a single mechanism for these functions could water down the work on both human rights
and anti-corruption.
53.
Ms. Valiña emphasized the challenge of conducting an integrated approach when
working on anti-corruption activities and human rights. In the United Nations system,
efforts were being made to integrate a human rights-based approach in several areas. In
general, human rights work at the international, regional, national and local levels and in
civil society had integrated an anti-corruption perspective. However, the anti-corruption
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United Nations Convention against Corruption, art. 62.2 (c).
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