A/HRC/26/42
example is the situation of prisoners who are forced to pay bribes in order to avoid illtreatment or to enjoy good conditions of detention; this kind of corruption affects a whole
group indirectly.
21.
Furthermore, there are parallels between the main anti-corruption principles (such as
participation, transparency, access to information, and accountability) and the scope of
human rights (such as freedom of expression and freedom of the media, access to
information, and the principle of non-discrimination). Therefore, strengthening the
enjoyment of human rights in general, and of specific political rights and the principle of
non-discrimination in particular, is a valuable instrument in combating corruption. Whereas
combating corruption through criminal law and private law means taking repressive and
remedial measures, the promoting and strengthening of human rights is a preventative anticorruption measure.
22.
The need to integrate preventative measures into efforts against corruption has been
clearly emphasized. Furthermore, promoting and strengthening human rights can, in the
long term, contribute to a well-informed and emancipated civil society that is more and
more able to reject corruption in every form and in all circumstances. According to
OHCHR: “An efficient anti-corruption strategy must be informed by key human rights
principles. An independent judiciary, freedom of the press, freedom of expression, access to
information, transparency in the political system and accountability are essential both for
successful anti-corruption strategies and for the enjoyment of human rights.”15
23.
The linkage between anti-corruption measures and human rights can also promote
access to human rights mechanisms to combat corruption. A wide range of mechanisms
exists for monitoring compliance with human rights at the national, regional and
international levels. By drawing a link between acts of corruption and violations of human
rights, new opportunities for litigation or monitoring can be identified.16
24.
Combining strategies from the fight against corruption with strategies for the
promotion of human rights can have a dual effect. On the one hand, human rights can form
a part of an anti-corruption strategy via the use of human rights mechanisms. On the other
hand, combating corruption is, in itself, a way of preventing human rights violations. By
promoting the elements of good governance (such as political rights, transparency and
accountability), human rights and anti-corruption efforts can be mutually reinforcing.17 For
example, the ability to promote and protect civil and political rights rests upon effectively
combating political and judicial corruption (and vice versa). Transparency and access to
information empower individuals to make informed decisions — from exercising their
voting rights, to monitoring State expenditure. At the same time, creating such openness
limits opportunities for abuses by politicians, the police and judges. By showing the impact
of corruption on human rights, the reputational cost to businesses is too high, new risks are
created, and they are thus provided with incentives to minimize their involvement in
corruption. When accountability mechanisms are weak or non-existent, it becomes easy for
corruption and for human rights violations to occur.18
15
16
17
18
The Human Rights Case Against Corruption, p. 5.
International Council on Human Rights Policy and Transparency International, eds., Integrating
Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities (2010),
p. 45 et seq.
The Human Rights Case Against Corruption, p. 5.
Contribution by Mr. Alfred Karokora, Member of the Advisory Committee; see also Sharon Eicher,
Corruption in International Business, p. 8 et seq.
9
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