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

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