A/HRC/44/27
addressing existing and emerging judicial integrity-related challenges and facilitating the
identification of technical assistance needs. The ultimate purpose of the Network is to
strengthen judicial integrity and prevent opportunities for corruption in the justice system.
The Network has addressed several issues that might affect the integrity of the judiciary,
such as the use of social media by judges, gender-related judicial integrity issues, codes of
judicial conduct and the role of judicial immunities in safeguarding judicial integrity. The
Network has also developed a comprehensive training package on judicial conduct and
ethics. Specialized training can be a useful means of addressing potential challenges posed
to human rights by anti-corruption efforts. Such challenges may occur, for example, during
searches and when resorting to special investigative techniques, such as wiretapping and
other means of intercepting communication, which may affect the right to privacy.
29.
Several submissions contained information on reforms undertaken with a view to
increasing transparency and accessibility. North Macedonia, for example, reported on
reform measures taken to combat corruption in the judiciary, for example by specifying the
criteria to be used for the appointment, selection, promotion and dismissal of judges and
prosecutors, improving the codes of conduct and revising the method used to distribute
court cases. The Slovak National Centre for Human Rights expressed concern about the
decrease in human resources in the prosecutor’s office dedicated to corruption cases.
OHCHR-Cambodia reported on the technical support it had provided to help the
Government of Cambodia to roll out a criminal case management system. OHCHRCambodia also advocated for the publication of judgments in order to enhance access to
justice, transparency and accountability and for the publication of a study on integrity in the
judiciary.
C.
Public procurement and management of public finances (art. 9)
30.
Article 9 of the United Nations Convention against Corruption highlights the
importance of transparency and accountability in public procurement and the management
of public finances. These principles have also been highlighted by human rights
mechanisms in the context of public budgets. The Committee on the Right of the Child, for
example, has found that corruption and mismanagement of public resources in State
revenue mobilization, allocation and spending represent a failure by the State to comply
with its obligation to use the maximum of available resources. 11 The Committee has
therefore recommended that States parties should develop and maintain public financial
management systems and practices that are open to scrutiny and that information on public
resources should be freely available in a timely manner. 12 It has observed that transparency
contributes to efficiency and combats corruption and mismanagement of public budgets and
that it is a prerequisite for enabling meaningful participation of the executive, legislatures
and civil society, including children, in the budget process. 13
31.
Mauritius reported that, since 2015, it had adopted a corruption risk mapping tool
developed by the World Customs Organization to develop targeted and preventive
measures against corruption. Furthermore, the Mauritius Revenue Authority regularly
conducted surveys to assess the perception of integrity in the revenue collection
departments.
D.
Public reporting (art. 10) and participation of society (art. 13)
32.
Transparency is a fundamental principle of good governance and important to both
anti-corruption and human rights. Access to information emanates from this principle. The
right to freedom of expression (as enshrined, for example, in article 19 of the International
Covenant on Civil and Political Rights) includes the freedom to seek, receive and impart
information. It also constitutes a measure to prevent corruption (article 13 (1) of the United
Nations Convention against Corruption). Promoting the right of the public to access
information is therefore a good practice for upholding human rights while fighting
11
12
13
General comment No. 19 (2016) on public budgeting for the realization of children’s rights, para. 34.
Ibid., para. 62.
Ibid.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents