A/HRC/41/20
The promotion and protection of human rights were seen as essential for disrupting and
deterring human rights abuses and corruption and for promoting accountability. In
particular, the realization of all human rights – economic, social, cultural, civil and political
rights and the right to development – made people less vulnerable to corrupt practices and
empowered them to participate in efforts to hold those responsible accountable. Similarly,
efforts to prevent and fight corruption were seen as important to ensuring protection of
human rights.
38.
Some speakers addressed several questions to panellists concerning the linkage and
mutually reinforcing relationship between anti-corruption and human rights; for example,
whether corruption was a direct violation of human rights, or a cause or result of human
rights violations; and whether there were new and emerging challenges that could hamper
efforts to combat corruption.
39.
Delegations described challenges at the national level to addressing corruption.
Some speakers suggested that lack of capacity was a challenge for many developing
countries. Another challenge was the transboundary nature of corruption, especially when
related to illicit financial flows. One participant identified judicial corruption as particularly
problematic for the overall fight against corruption.
40.
Delegations presented good practices to address challenges in the fight against
corruption. Many delegations referred to changes in laws, in particular with a view to
holding perpetrators of crimes of corruption accountable. Several speakers identified the
need to strengthen the national justice system through constitutional and legal reforms that
guaranteed the independence of the judiciary, provided for adequate resources and
promoted the rule of law and a fair, just and effective judicial system. One speaker
recommended the granting of quasi-judicial powers to anti-corruption agencies and national
human rights institutions. Several delegations referred to zero-tolerance policies against
corruption, including laws that reversed the burden of proof in cases of unexplained wealth.
Some speakers shared information on legislation implementing the United Nations
Convention against Corruption. Others spoke about the policies in their own countries that
had created an anti-corruption culture. One speaker highlighted recent cases where former
presidents and other high-level officials had been convicted of corruption, which
demonstrated a real commitment to the fight against corruption. One warned that criminal
procedures could be misused to silence dissent, especially when these procedures followed
exceptional paths and violated due process, or when the judiciary itself was corrupt. For
that reason, the speaker recommended that fighting judicial corruption be considered a
priority. One speaker stated that the Constitution had anti-corruption as one of the three
highest priorities of the State. Other participants mentioned legislative reforms that raised
the status of the duty to respect, protect and fulfil human rights, which had helped to
improve the effectiveness of anti-corruption measures, for example, by ensuring that the
rights of suspects were observed throughout the process, from investigation, prosecution,
trial through to incarceration. A human rights-based approach to fighting corruption also
required that victims had access to remedies and redress. Participants asked panellists for
examples of best practices of recent mechanisms and legislation that had been effective in
countering or addressing corruption.
41.
Best practices were also presented with regard to the prevention of corruption. Some
speakers identified prevention as the foundation of all risk-mitigation tactics when
addressing corruption from a human rights-based perspective. Effective preventative
measures mentioned included education and good practices in human resources in the case
of careers in the public service. Participants also presented examples of formal education
and informal education systems, as well as of public awareness-raising campaigns. Among
practices relating to public sector human resources, participants highlighted the importance
of fair pay, equal access to the public service, a merit-based appointment and promotion
system and the adoption of the rotating principle. These measures were described as
increasing the welfare of public officials and reducing motivation for corrupt practices.
They would be especially effective when combined with proper monitoring and
accountability frameworks.
42.
Many speakers referred to the importance of civil society participation in domestic
governance as an important tool to prevent corruption, and in particular of organizations
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents