A/HRC/35/31
United Nations Convention against Corruption
81.
The United Nations Convention against Corruption represents a major milestone in
the fight against corruption. It introduces a comprehensive set of standards, measures and
rules to strengthen the legal and regulatory regimes to fight corruption. Furthermore, it calls
for preventive measures and the criminalization of the most prevalent forms of corruption
in both the public and private sectors.
82.
The preamble to the Convention underscores how corruption affects societies and
countries across boundaries, calling on States to adopt measures to prevent and address the
impact of organized crime. The Convention underlines the seriousness of problems and
threats posed by corruption to the stability and security of societies, undermining the
institutions and values of democracy, ethical values and justice and jeopardizing sustainable
development and the rule of law, warning about the links between corruption and other
forms of crime, in particular organized crime and economic crime, including moneylaundering. It concludes that corruption is no longer a local matter but a transnational
phenomenon that affects all societies and economies, making international cooperation to
prevent and control it essential.
83.
Article 11 of the Convention emphasizes the crucial role of the judiciary in
combating corruption and recognizes that, to play this role effectively, the judiciary itself
must be free of corruption and its members must act with integrity. The Special Rapporteur
will use the Convention as a guiding instrument throughout his future reporting on the
topic, particularly with regard to the following issues: (a) the strengthening of the judiciary
to prevent corruption opportunities; (b) the prosecution of bribery of public officials; (c) the
removal of legal obstacles that constitute an obstruction of justice; (d) the adoption of
norms to protect witnesses, experts and victims; (e) cooperation at the national and
international levels; and (f) implementation of mutual legal assistance.
84.
The judicial system must implement measures to defend itself against corruption
while, at the same time, it has to fight decisively against this scourge at all levels in a
holistic manner. That is one of the several reasons why the link between corruption, human
rights and the actors within the justice system must be approached from a dual perspective.
On the one hand, the direct threats that judges and lawyers are facing must be confronted.
On the other hand, the challenges that corruption can pose must be analysed to strengthen
capacities and determine how to combat corruption and organized crime effectively and
more efficiently.
85.
It is crucial that Member States, human rights organizations and other relevant
stakeholders incorporate the principles enunciated in the Convention in their programmes
and strategies and work towards the implementation of the Convention’s obligations. In
addition, entities of the United Nations system should work in closer cooperation to follow
up on the implementation of the Convention. For instance, in 2016, the United Nations
Office on Drugs and Crime launched a global programme on promoting a culture of
lawfulness, which includes the establishment of a global judicial integrity network to
exchange best practices and lessons learned on priority challenges and emerging issues with
regard to judicial integrity and the prevention of corruption. The Special Rapporteur takes
note of this initiative and looks forward to collaborating in the full implementation of this
programme.
3.
Protecting the legal profession
86.
We must not, and cannot, lose sight of the fact that lawyers can face specific hazards
as result of interference, pressures and threats, which may include physical, psychological
and social abuses directed against them and their relatives. The Basic Principles on the Role
of Lawyers are an essential instrument that must be implemented, respected and
disseminated to guarantee the rights of the legal profession.
Lawyers at risk
87.
In democratic systems, lawyers have a seminal role to play in ensuring that all
citizens have adequate access to justice and reparations. The important and specific role of
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