A/HRC/28/73
combat corruption. As examples, the Council of Europe listed its Civil Law Convention on
Corruption (mentioned earlier), and the establishment of the Groupe d’États contre la
corruption, which invited the Council of Europe Commissioner for Human Rights to share
his views on the possible impact of corruption on the effectiveness of human rights. In his
view, the protection of victims of corruption, and the protection of persons who report
suspicions of corruption, should be seen as important tools in promoting both human rights
and ethical behaviour.28
40.
From a more substantive (rather than an organizational) angle, it can be established
from the answers to the questionnaire by States and other stakeholders that human rights
play an important role in anti-corruption strategies. What is emphasized by some
respondents is the importance of a well-informed and participatory society in order to
combat corruption. This outcome would be further strengthened by human rights education,
which can raise awareness of corruption.
41.
Many of the respondents to the questionnaire state that it is essential to highlight the
significance of the human rights perspective in the fight against corruption, and to integrate
that perspective into anti-corruption policies. With regard to the question on the role of
United Nations human rights bodies and mechanisms, many stakeholders suggest that
measures be taken that are aimed at awareness-raising and education. More concretely, the
relevant United Nations bodies are invited, in the responses to the questionnaire, to develop
and present examples of good practices of combining anti-corruption measures with human
rights. Furthermore, they are asked to prepare information and suggestions: to cite an
example, they are asked to develop specific guidelines and strategic plans on how to
integrate human rights into anti-corruption strategies. The answers to the questionnaire
indicate that this substantive input should be shared by means of international conferences,
seminars and trainings organized by the United Nations in cooperation with States. The
importance of adequate information and of the training of national experts on this issue is
also highlighted in the responses to the questionnaire.
VI. Corruption and human rights: the “non-victims”
42.
When analysing the connection between corruption and human rights, the main
focus is on the possible negative impact on the enjoyment of human rights for the victims
of the corrupt act. That focus is the main advantage of carrying out such an analysis. The
human rights of other actors involved should not, however, be disregarded. While the
present report focuses mainly on the negative impact of corruption on the victims, a brief
look at other persons involved is necessary.
43.
Persons suspected of having committed a criminal offence relating to corrupt
behaviour have rights as part of the criminal proceedings being taken against them. Even if
effective criminal prosecution is an important tool against corruption, the rights of accused
individuals must be guaranteed.
44.
Human rights defenders — persons who individually or together with others strive
for the promotion and protection of human rights and fundamental freedoms — are often
subjects of harassment, intimidation, threats, arbitrary arrest and attacks. This also includes
persons who denounce and fight corruption. According to the Declaration on Human Rights
Defenders, States have a duty to protect human rights defenders against violence, threats,
28
See Groupe d’États contre la corruption, Twelfth general activity report (2011), document GRECO
(2012) 1 E Final.
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