A/HRC/35/33
84.
Successful prosecutions have also resulted from cooperation between the World
Bank Integrity Vice Presidency and national authorities. For instance, in 2011, the
Norwegian National Authority for the Investigation and Prosecution of Economic and
Environmental Crime successfully prosecuted three employees of the Norwegian firm
Norconsult after the Integrity Vice Presidency referred findings from its own investigation
into the company’s bribery to win a contract for a World Bank-financed water supply and
sanitation project in the United Republic of Tanzania.79
85.
The above cases show how successful States can be when they cooperate to
investigate and prosecute cross-border offences. Through a mixture of multilateral
networks, parallel investigations and formal and informal cooperation, and by working with
multilateral institutions, States have secured massive penalties from companies for their
overseas bribery.
V. Conclusions and recommendations
A.
Conclusions
86.
As the present report indicates, when States identify a key harm that implicates
the private sector, they are able to successfully develop processes and legal
frameworks to promote cross-border law enforcement. Upon agreeing that certain
cross-border harms, such as trafficking in persons, toxic dumping, wildlife and
forestry crime, bribery and corruption, are global problems that require a
coordinated global response, States develop and utilize innovative tools to foster
effective cross-border cooperation. Each of those crimes affects human rights, and the
Working Group applauds those efforts by States that have prevented, detected and
punished violations committed by legal or natural persons. Law enforcement still
faces many obstacles in pursuing cross-border cooperation in the areas outlined
above, but our research and consultations revealed that States are working to
continuously refine and improve their methods of cooperation, which demonstrates a
willingness to find solutions.
87.
However, despite numerous allegations implicating business in classic human
rights violations and international crimes, investigations and prosecutions against
companies are almost non-existent.
88.
Thus, as a key principle, if cross-border, business-related human rights abuses
amount to international crimes, those cases should be prioritized and treated the same
as other international criminal cases and States should use the existing tools at their
disposal, including war crimes units.
89.
To the extent that cases involving business-related human rights abuse might
intersect with the types of crimes or regulatory offences outlined in the report,
prosecutors should also pursue these charges. For instance, if a company that is
alleged to have engaged in a human rights offence has also paid a bribe, a prosecutor
might pursue a corruption claim.
90.
However, such a patchwork approach will inevitably leave some human rights
harms unaddressed. Law enforcement should explore all potential legal avenues
available when faced with cross-border harms committed by economic actors,
including by framing the harms in terms of domestic criminal or administrative
offences.80 This involves translating what may be labelled a human rights abuse as a
79
80
Available from www.justice.gov/opa/pr/kellogg-brown-root-llc-pleads-guilty-foreign-briberycharges-and-agrees-pay-402-million.
See World Bank, “World Bank Welcomes Norwegian Convictions of Three Former Employees of
Norwegian Company Norconsult in Bribery Case in Tanzania” (22 July 2011). Available from
www.worldbank.org/en/news/press-release/2011/07/22/world-bank-welcomes-norwegianconvictions-former-employees-morwegian-company-norconsult-bribery-case-tanzania.
See “Corporate Crimes Principles” (footnote 3 above), pp. 42-43.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents