A/HRC/28/73
anti-corruption agencies, drawing on the experience of OHCHR and the Human
Rights Council with strengthening national human rights institutions.32
49.
In order to identify the above-mentioned best practices and to develop
guidelines, a comprehensive study could be conducted by the competent bodies of the
Human Rights Council. The study should aim at the development of concrete
measures on how to establish the linkage between anti-corruption measures and a
human rights–based approach in practice. Three different perspectives could be
considered in the study:
(a)
How can anti-corruption institutions improve their work by integrating
a human rights approach (e.g. the negative impact of corruption on the enjoyment of
human rights)?
(b)
How can human rights institutions expand the scope of their work by
considering corruption as a reason for violations of human rights?
(c)
How can the work of anti-corruption institutions and human rights
institutions be interlinked, from the substantive, structural and organizational points
of view?
50.
Moreover, the study should aim at finding criteria to establish whether an act
of corruption leads to a human rights violation, and, contrariwise, whether a human
rights violation leads to corruption. A list of attributes and indicators could be
established as a basis for mainstreaming the issues in both fields and could contribute
to rendering the connection between corruption and human rights operational.
Equally importantly, the study should cover the protection of anti-corruption
activists, whistle-blowers and journalists reporting on corruption. In that regard, one
possible approach could be to reinforce protection of the above-mentioned persons
under the Declaration on Human Rights Defenders. 33
51.
Preventive measures are the most effective means of countering corruption and
of avoiding its negative impact on the enjoyment of human rights. Therefore,
prevention at every level — national, regional and international — should be
strengthened. Prevention requires awareness-raising, information-sharing, education,
and the training of all stakeholders involved. Furthermore, sharing of best practices
and guidelines, as mentioned above, can be a core element of preventive measures.
One key aspect of preventive measures is to address, explicitly, the needs of vulnerable
groups, who may be the very first victims of corruption and human rights violations.
52.
The Advisory Committee recommends using the special procedures of the
Human Rights Council to integrate a human rights perspective into anti-corruption
strategies. Within the framework of the United Nations human rights bodies, a special
procedures mandate (thematic mandate) could be established to examine, monitor,
advise on and report on major phenomena of human rights violations. Such a
mandate can be given to an individual — i.e. to a special rapporteur or an
independent expert — or to a working group of experts (composed of five members).
With regard to the issue of assessing the violation of human rights caused by
corruption, it is appropriate to establish either an independent expert or a working
group. The mandate holders would be able to receive information about (possible)
32
33
See the statement delivered by Transparency International to the Advisory Committee,
on 12 August 2014, during the Committee’s thirteenth session. Available from
http://www.ohchr.org/Documents/HRBodies/HRCouncil/AdvisoryCom/Session13/TransparencyInter
national.pdf.
Adopted by the General Assembly, A/RES/53/144.
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