A/HRC/28/73
When accountability mechanisms are weak or non-existent, it becomes easy for corruption
and for human rights violations to occur.27
34.
It must be stressed that the human rights approach is not meant to be the exclusive
way to tackle corruption. Highlighting the connection between human rights and corruption
does not mean to jeopardize the prosecution of people found guilty of criminal offences
because of acts of corruption or their liability under private law. The purpose of examining
this connection is to identify additional avenues for developing strategies against
corruption.
V. Are there experiences of integrating a human rights
perspective into the fight against corruption?
35.
The responses to the questionnaires received from States, national human rights
institutions, non-governmental organizations (NGOs), and other stakeholders have
permitted an analysis of whether, at the national level, there have been any experiences of
integrating a human rights perspective into the fight against corruption.
36.
The responses highlight the different institutional approaches to dealing with
corruption. In a number of States, independent agencies have been tasked with
counteracting corruption. Other States, in their replies, make reference to agencies or
departments of the government that were assigned similar responsibilities. The
organizational structure of such agencies or specialized institutions varies from State to
State. In some States, NGOs are an important instrument in combating corruption. In
addition, inspection bodies (e.g. supreme audit institutions) play an important role; some of
these bodies expressed their interest in exploring human rights–based approaches, and work
collaboratively with civil society and human rights organizations. Other States mention
criminal prosecution or human rights institutions as the main instruments used in their fight
against corruption.
37.
With regard to the integration of a human rights perspective into strategies to combat
corruption via cooperation between anti-corruption institutions and human rights
institutions, the responses from States to the questionnaire reflect a multifaceted situation.
Some of the responses indicate that there is either no cooperation or no effective
cooperation. Often, there is no formal cooperation, but rather informal cooperation, via, for
example, meetings, workshops, lectures, common training sessions, or exchanges of
information. Inter-institutional working groups are a more formal means of cooperation
mentioned in the responses. Some States indicate that cooperation between the institutions
concerned exists on a case-by-case basis. To summarize, many States emphasized the need
for, and the importance of, cooperation between the anti-corruption institutions and the
human rights institutions, while specifying that such cooperation is at present informal and
ad hoc in nature. These findings are also reflected in the responses to the questionnaire
from national human rights institutions and some NGOs.
38.
With regard to NGOs’ responses to the questionnaire, it is noteworthy that some
NGOs quote examples of cooperation between anti-corruption institutions and human rights
institutions. However, no information is provided about the ways in which that cooperation
takes place. The need for and importance of such cooperation is stressed in some responses.
39.
In that regard, the response from the Council of Europe should be highlighted. It
provides an illustrative example of integrating a human rights perspective into strategies to
27
12
See Sharon Eicher, Corruption in International Business, p. 8 et seq.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents