A/HRC/RES/40/4
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
17.
Welcomes national initiatives to adopt anti-money-laundering legislation as
an important step in the fight against corruption and the willingness demonstrated by some
States to cooperate in facilitating the return of the proceeds of crime, and calls for more
robust regulations in this regard, including through the implementation of policies aimed at
reducing the flow of the proceeds of crime, and ensuring their return, and the provision of
technical assistance to developing countries;
18.
Encourages all States to share best practices in the freezing and recovery of
funds of illicit origin;
19.
Calls for further international cooperation through, inter alia, the United
Nations system, in support of national, subregional and regional efforts to prevent and
combat corrupt practices and the transfer of assets of illicit origin, in accordance with the
principles of the United Nations Convention against Corruption, and in this regard
encourages close cooperation at the national and international levels between anticorruption agencies, law enforcement agencies and financial intelligence units;
20.
Calls upon all States requested to repatriate funds of illicit origin to uphold
fully their commitment to make the fight against corruption a priority at all levels and to
curb the illicit transfer of funds, in accordance with the United Nations Convention against
Corruption, and to make every effort to achieve the repatriation of funds of illicit origin to
the requesting States in order to diminish the negative impact of non-repatriation, including
on the enjoyment of human rights, in particular economic, social and cultural rights in the
countries of origin by, inter alia, lowering the barriers imposed on requiring jurisdictions at
the tracing stage and enhancing cooperation in this regard between competent agencies, in
particular taking into account the risks of dissipation of those funds and, where appropriate,
by delinking confiscation measures from a requirement of conviction in the country of
origin;
21.
Calls upon all States requesting the repatriation of funds of illicit origin to
uphold fully their commitment to make the fight against corruption a priority at all levels
and to curb the illicit transfer of funds, and to apply the principles of accountability,
transparency and participation in the decision-making process regarding the allocation of
repatriated funds to the realization of economic, social and cultural rights in order to
improve prevention and detection procedures, correct identified weaknesses or
mismanagement, prevent impunity, provide effective remedies directed at creating
conditions for avoiding new human rights violations and improve the overall administration
of justice;
22.
Reaffirms that it is the obligation of the State to investigate and then
prosecute corruption on the basis of evidence, and calls upon all States to strengthen
criminal and/or civil proceedings directed at freezing or restraining funds of illicit origin,
and in this context encourages requested States to provide information on legal frameworks
and procedures to the requesting State and to remove barriers to asset recovery, including
by simplifying their legal procedures and responding to requests for mutual legal assistance;
23.
Calls upon requesting and requested States with practical experience in asset
recovery to develop, as appropriate, in cooperation with interested States and providers of
technical assistance, non-binding practical guidelines, such as a step-by-step guide for
efficient asset recovery, with a view to enhancing effective approaches to asset recovery
based on best practices, practical experience and the lessons learned from past cases, while
being mindful to seek to add value by building upon existing work in this area through
innovative and efficient means;
24.
Encourages States parties to consider, where appropriate, and in accordance
with national law, the opportunity of referring to the draft Lausanne guidelines for efficient
recovery of stolen assets in their practice, and any other relevant instruments;
25.
Stresses the need for transparency in financial institutions and effective due
diligence measures to be applied by financial intermediaries, and calls upon States to seek
appropriate means in accordance with their international obligations to ensure the
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