A/HRC/44/27
corruption authorities and national human rights institutions, where they existed, to
cooperate through the exchange of information, where appropriate, and the development of
joint strategies and plans of action to fight corruption and its negative impact on the
enjoyment of human rights. Austria reported that its Federal Bureau of Anti-Corruption
attempted to tackle corruption in a holistic way and that respect for human rights was part
of the Bureau’s institutional identity and was reflected in its mission statement. Through
preventive measures, it also contributed to countering the negative impact of corruption on
the enjoyment of human rights. The State of Palestine referred to the weak link between
human rights institutions and the Palestinian Anti-Corruption Commission, adding that
human rights organizations did not contribute to studies and workshops undertaken by the
Commission, nor did they refer allegations of corruption in the context of human rights
violations to it. This is an area that would benefit from further study and the sharing of
practical experiences.
B.
Public sector (art. 7), codes of conduct for public officials (art. 8) and
measures relating to the judiciary and prosecution services (art. 11)
25.
Article 7 of the United Nations Convention against Corruption addresses the public
sector, including conditions of employment, the selection and training of individuals for
public positions, criteria concerning candidature for and election to public office and
transparency on the funding of candidatures for public office and political parties. PRI
reported on the impact of corruption on criminal justice systems, highlighting that there was
growing recognition of the problem of corruption within penitentiary settings and of the
impact of corruption on the human rights of detainees. PRI emphasized a number of factors
that facilitated or exacerbated corruption in penitentiary systems, such as poor detention
standards, inadequate pay and understaffing. Corruption affected detainees and prisoners, as
well as women and juveniles, disproportionately. PRI highlighted three main causes of
corruption in prison staff, namely poor remuneration, a poor working environment and poor
public perception of their position. It therefore recommended that prison administrations
increase transparency, accountability and oversight; establish clear procedures for the
taking and record-keeping of decisions; and improve the recruitment and training of prison
staff. One positive example was the creation of the Counter Corruption Unit in the United
Kingdom of Great Britain and Northern Ireland. Another was the creation of a database,
accessible through the use of a personal electronic key, of prisoners containing complete
information about their previous penalties. Yet another good practice was the provision of
specialized training, including on human rights.
26.
In line with article 8 of the United Nations Convention against Corruption, States
parties should apply codes or standards of conduct for the correct, honourable and proper
performance of public functions. Moreover, States parties should establish measures and
systems requiring public officials to make declarations regarding their outside activities,
employment, investments, assets and substantial gifts or benefits from which a conflict of
interest may result. States parties should take disciplinary or other measures against public
officials who violate codes or standards of conduct.
27.
Several submissions drew attention to codes of conduct and ethics and included
information on asset declaration systems. For example, all employees of the Mauritius
Revenue Authority are required to file, on a regular basis, a declaration of assets that is
subject to verification.
28.
A fundamental pillar of the rule of law is an impartial and independent judiciary.
The integrity of the judiciary and prosecution services are important elements of a fair trial
and essential for combating corruption.10 Supporting the integrity of the justice system is
therefore a good way to combat corruption. In 2018, UNODC established the Global
Judicial Integrity Network with the aim of promoting opportunities for judges and other
members of judiciaries to share experiences and knowledge, providing access to resources,
10
6
an initiative to elaborate similar standards for anti-corruption bodies, see the Jakarta Statement on
Principles for Anti-Corruption Agencies.
See article 11 of the United Nations Convention against Corruption and article 14 of the International
Covenant on Civil and Political Rights.
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