A/HRC/RES/40/4
Concerned at the challenges and difficulties that both requested and requesting
States face in the return of the proceeds of crime owing to, inter alia, lack of political will in
the requested States due to the benefits gained from the illicit financial flows, 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, 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 that legal
difficulties are often exacerbated by factual and institutional obstacles, and noting also 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, and applying conditionalities by requested States,
Reaffirming the 2030 Agenda for Sustainable Development, in particular targets
16.4, 16.5, 16.6 and 16.10 of the Sustainable Development Goals, which underline the
commitment of States to significantly reduce by 2030 illicit financial and arms flows, and
the Addis Ababa Action Agenda, adopted at the Third International Conference on
Financing for Development, held in Addis Ababa in July 2015, which underlined, in
particular, that measures to curb illicit financial flows will be integral to achieving
sustainable development,
Welcoming the work carried out by different United Nations bodies and mechanisms,
including the United Nations Conference on Trade and Development, the United Nations
Office on Drugs and Crime, and by international and regional organizations in preventing
and combating all forms of corruption, and encouraging them to continue their
consideration of the negative impact of illicit financial flows on the enjoyment of human
rights, to further explore policy responses to the phenomenon, and to coordinate their
efforts in this regard,
Noting with appreciation the Lausanne process initiative on practical guidelines for
efficient asset recovery, the Stolen Assets Recovery Initiative of the World Bank Group and
the United Nations Office on Drugs and Crime, and the outcome of the fourteenth session
of the United Nations Conference on Trade and Development, held in Nairobi in 2016, and
encouraging coordination among existing initiatives,
1.
Welcomes the research-based study by the Advisory Committee on the
impact of flow of funds of illicit origin and the non-repatriation thereof to the countries of
origin on the enjoyment of human rights, including economic, social and cultural rights,
prepared pursuant to Human Rights Council resolutions 31/22 of 24 March 2016 and 34/11
of 23 March 2017;1
2.
Also welcomes the work undertaken by the Independent Expert on the effects
of foreign debt and other related international financial obligations of States on the full
enjoyment of all human rights, particularly economic, social and cultural rights, and
requests him to continue to consider the impact of illicit financial flows on the enjoyment of
human rights as part of the mandate;
3.
Calls upon all States that have not yet acceded to the United Nations
Convention against Corruption to consider doing so as a matter of priority;
4.
Underscores that the repatriation of funds of illicit origin is key for States
that are undergoing a reform process and for improving the realization of economic, social
and cultural rights, including the right to development, and for fulfilling their obligation to
meet the legitimate aspirations of their peoples;
5.
Urges requesting and requested States to cooperate to recover the proceeds of
corruption, in particular embezzled public funds, stolen assets and unaccounted-for assets,
including those that are found in safe havens, and to demonstrate strong commitment to
ensuring the return or disposal of such assets, including their return to the countries of
origin;
1
A/HRC/39/61.
3
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