A/HRC/39/53
marginalization by increasing capacities for agency, building social capital and addressing
structural inequalities.6
73.
It is in this connection that the Special Rapporteur intends to undertake a practiceoriented study on transitional justice aspects that are a precondition and a by-product of the
implementation of the Sustainable Development Goals. This undertaking will be based on
the foundational work of the previous mandate holder, and comprise the whole wealth of
the Goals.
H.
Transitional justice and corruption
74.
Originally, transitional justice mechanisms have not included addressing violations
associated with corruption or other economic crimes, but rather focused on gross violations
relating to civil and political rights, such as disappearances, extrajudicial killings, torture
and other ill-treatment. Gradually, however, the scope of truth-seeking mechanisms has
been expanded to also address violations of economic, social and cultural rights (for
example, the Commission for Reception, Truth and Reconciliation in Timor-Leste),
economic crimes (the Truth and Reconciliation Commission in Liberia) and grand
corruption and the exploitation of national and public resources (the Truth, Justice and
Reconciliation Commission of Kenya) (see also A/HRC/24/42, para. 35).
75.
The challenge posed by corruption and how to address and fight it during political
transitions has come to the fore in the past five to seven years, when corruption emerged in
a number of countries as a major grievance alongside joblessness and other violations of
social and economic rights, in addition to rampant violations of civil and political rights.
76.
The issue of corruption then appeared in a new light, as it was seen as an enabler of
various other gross violations: as a means to project economic and political power for
private and/or partisan ends, and hence to maintain a culture of oppression. Widespread
corruption in the public sector is the result of a serious failure in governance that can
develop and then be driven by weaknesses in the rule of law, such as ineffective institutions
of accountability and civic participation in conjunction with a State that acts less out of the
public interest and more to keep those currently in power in place.
77.
Against this background, it becomes evident that a deeper understanding of the issue
of corruption will not only shed more light on the preconditions that have allowed gross
violations to be committed in the first place but will also help to identify the structural
deficiencies that would need to be addressed under the heading of “guarantees of nonrecurrence”.
78.
The Special Rapporteur intends, on the one hand, to dedicate a thorough assessment
and conceptual study to the interplay of corruption with gross violations of both civil and
political, as well as economic, social and cultural rights; on the other, he will also review
recent practices of transitional justice mechanisms aimed at addressing corruption and other
economic crimes, and their intersection and collaboration with other State institutions in the
field of corruption.
VI. Conclusions and recommendations
79.
Building upon the call made by the previous mandate holder for a
comprehensive approach to transitional justice, anchored in standards for the redress
of gross violations of human rights and serious violations of international
humanitarian law, and the prevention thereof, the Special Rapporteur intends to
further develop the work of the mandate, responding to the challenges currently faced
in the field of transitional justice and in areas that are interconnected, but rarely
coordinated with transitional justice efforts.
6
12
See ibid. See also David Tolbert and Roger Duthie, “Transitional Justice in Countries Emerging from
Conflict: A Step Toward Sustainable Peace and Development”, ICTJ, 31 May 2018.
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