A/HRC/28/73
(c)
Thirdly, corruption can concern society at large (general negative impact).
This means that, in addition to the effect that corruption has on individuals or groups, there
is also a negative impact upon society at large, whether this is in a national or an
international sense. There are two main aspects that are frequently mentioned in discussions
of the negative impact of corruption on human rights. 15 The first aspect relates to the
financial and economic resources that are affected by corruption. Corrupt practices divert
funds from development and therefore imply a reallocation of funds that may interfere with
the effective enforcement of human rights, especially for vulnerable people. Corruption
reduces the resources available for the progressive realization of economic, social and
cultural rights (and therefore undermines States’ obligations under article 2 of the
International Covenant on Economic, Social and Cultural Rights). The second aspect relates
to the realization of democracy and to implementation of the rule of law. If the authorities
of a State are pervaded by corruption, the people’s confidence in the government, and
eventually in the democratic order and the rule of law, is undermined.
21.
For the purposes of the present report, it is of minor importance whether a single act
of corruption leads to a violation of human rights in a strictly judicial sense. The meaning
of the term “negative impact on human rights” is much broader than “violation of human
rights”. While a court dealing with possible violations of human rights has to consider
whether a specific human right has been violated, measures against corruption can take into
account different types of negative impact from corruption.
22.
Corruption has a negative impact on the enjoyment of human rights of all those
affected by it. But its negative impact on the enjoyment of human rights by vulnerable
persons is compounded. Persons belonging to minorities, indigenous peoples, migrant
workers, persons with disabilities, refugees, prisoners, women, children and those living in
poverty are often the first to suffer from the impact of corruption. 16 This underscores the
obligation of every State to protect the human rights of people belonging to those groups in
order to prevent any human rights violation caused by corruption.
23.
Another approach to classifying types of corruption is to differentiate between active
and passive corruption. This distinction is discussed, for example, in the commentaries on
the Convention on Combating Bribery of Foreign Public Officials in International Business
Transactions, which is sponsored by the Organization for Economic Cooperation and
Development (OECD).17 Active corruption means spending money or providing other
benefits to achieve undue advantages, whereas passive corruption refers to the receipt of
money or other benefits as an undue advantage. The distinction between offering bribes and
taking bribes is very clear. Nevertheless, it is doubtful whether this distinction is helpful
from a human rights perspective. The focus of the present report is on the negative impact
of corruption on the enjoyment of human rights, and therefore it has a victim-oriented
approach. In cases of corruption, it can be difficult to determine whether the victim has
taken part in the corrupt act actively or passively. It is even possible that the victim has
stood outside the corrupt agreements. For example, where people are forced to pay for
access to public services, those who pay bribes are active in corruption but they are also
victims. For that reason, the OECD anti-bribery convention does not use the term “active
15
16
17
8
These aspects are also discussed in the OHCHR submission to the questionnaire.
Seventh annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, CAT/C/52/2, para. 80.
Available from http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf.
The Convention was adopted by the Negotiating Conference on 21 November 1997 and entered into
force on 15 February 1999. See also the seventh annual report of the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, CAT/C/52/2, para. 72 et
seq.
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