A/HRC/19/2
democracy and morality and jeopardize social, economic and political development,
especially when an inadequate national and international response leads to impunity,
Recalling the United Nations Convention against Corruption, and welcoming the
growing number of States parties to it,
Taking note of the work carried out by different United Nations bodies, including
the United Nations Office on Drugs and Crime, as well as international and regional
organizations, in preventing and combating all forms of corruption,
Recognizing that supportive domestic legal systems are essential in preventing and
combating corrupt practices and the transfer of assets of illicit origin and in returning such
assets, and recalling that the fight against all forms of corruption requires strong institutions
at all levels, including at the local level, able to take efficient preventive and law
enforcement measures consistent with the United Nations Convention against Corruption,
in particular chapters II and III thereof,
Appreciating the continued efforts of the Conference of the States Parties to the
United Nations Convention against Corruption, through its various intergovernmental
working groups, to overview the review process of the implementation of the Convention,
to advise on the provision of technical assistance to building institutional and human
capacity in States parties for the prevention of corruption, and to enhance international
cooperation, including in the repatriation of funds of illicit origin,
Affirming the responsibilities of requesting and requested States in the repatriation of
funds of illicit origin, cognizant that countries of origin must seek repatriation as part of
their duty to ensure the application of the maximum available resources to the full
realization of all human rights for all, including the right to development, address human
rights violations and combat impunity, and that recipient countries, on the other hand, have
a duty to assist and facilitate repatriation as part of their obligation of international
cooperation and assistance under chapters IV and V of the United Nations Convention
against Corruption and in the field of human rights, and in line with the commitment made
at the 2005 World Summit to make the fight against corruption a priority at all levels and to
curb the illicit transfer of funds,
Concerned at the difficulties, in particular the practical difficulties, that both
requested and requesting States face in the repatriation of funds of illicit origin, taking into
account the particular importance of the recovery of stolen assets for sustainable
development and stability, and noting the difficulties of providing information establishing
a link between the proceeds of corruption in the requested State and the crime committed in
the requesting State, which in many cases may be difficult to prove, bearing in mind that
everyone charged with a criminal offence has the right to be presumed innocent until
proven guilty according to law,
Acknowledging the progress made towards the implementation of the United Nations
Convention against Corruption, while recognizing that States continue to face challenges in
recovering funds of illicit origin owing to, inter alia, differences in legal systems, the
complexity of multijurisdictional investigations and prosecutions, lack of familiarity with
the mutual legal assistance procedures of other States and difficulties in identifying the flow
of funds of illicit origin, and noting the particular challenges in recovering them in cases
involving individuals who are or have been entrusted with prominent public functions and
their family members and close associates, and recognizing also that legal difficulties are
often exacerbated by factual and institutional obstacles,
Noting with deep concern that, as indicated in the comprehensive study prepared by
the United Nations High Commissioner for Human Rights on the negative impact of the
non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of
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GE.13-14768
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