A/HRC/28/73
I.
Introduction
1.
On 13 June 2013, the Human Rights Council adopted its resolution 23/9, in which it
requested the Advisory Committee to submit a research-based report to the Council, at its
twenty-sixth session being held in June 2014, on the issue of the negative impact of
corruption on the enjoyment of human rights, and to make recommendations on how the
Council and its subsidiary bodies should consider this issue.
2.
During its eleventh session, on 16 August 2013, the Advisory Committee
established a drafting group for the present report, composed of Saeed Mohamed
Al Faihani, Laurence Boisson de Chazournes, Mario Luis Coriolano, Latif Hüseynov,
Alfred Ntunduguru Karokora, Obiora Chinedu Okafor, Katharina Pabel (Rapporteur),
Anantonia Reyes Prado, Dheerujlall Seetulsingh, Ahmer Bilal Soofi and Imeru Tamrat
Yigezu (Chair).
3.
At the same session of the Advisory Committee, the drafting group developed a
questionnaire, in accordance with Council resolution 23/9, which was sent to different
stakeholders and had a deadline of 31 October 2013, which was later extended to
14 November 2013. A total of 73 responses were received: 37 from States, 16 from national
human rights institutions, 14 from non-governmental or civil society organizations, and six
from international or regional organizations or academic institutions.
4.
During its twelfth session, which was held in February 2014, the Advisory
Committee and the drafting group discussed, both in public and in private, the “Preliminary
research-based report on the negative impact of corruption on the enjoyment of human
rights” (A/HRC/AC/12/CRP.3), which had been prepared in the intersessional period.
Further discussions were held during the thirteenth session of the Committee, in August
2014, on the basis of which the preliminary report was further elaborated.
II. What is corruption?
A.
Definition of corruption
5.
To this day, there is no single, consistent and recognized definition of corruption, at
the international level. Remarkably, even the United Nations Convention against
Corruption1 does not provide a definition of corruption, even though the purpose of that
Convention is specifically to promote and strengthen measures to prevent and combat
corruption more efficiently and effectively, and to promote and support international
cooperation in the prevention of and fight against corruption. 2 A common approach to the
notion of corruption is the definition proposed by Transparency International. According to
that definition, corruption is “the abuse of entrusted power for private gain”.3 This,
however, is a rather broad definition which encompasses a wide range of different
behaviours. In contrast to the provisions typically included in criminal law, which
determine specific offences, the above-mentioned definition is more open. At the same
1
2
3
The United Nations Convention against Corruption entered into force in 2005. Available from
http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf.
See art. 1 of the United Nations Convention against Corruption.
Transparency International is a non-governmental organization that works internationally to promote
“a world in which government, politics, business, civil society and the daily lives of people are free of
corruption”. See http://www.transparency.org/whatwedo.
3
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