A/HRC/36/52
countries of origin. The international community must struggle to curb predatory
financial practices which lead to human rights violations and contribute to erosion of
the rule of law.
79.
The Advisory Committee of the Human Rights Council recommends that
Member States:
(a)
Ensure the prompt and unconditional repatriation of funds of illicit
origin to the countries of origin. A renewed, decisive and pro-active global
commitment is needed to tackle the phenomenon of illicit financial flows and their
ensuing negative impact on human rights and the right to development. States must
take urgent action to push forward the procedures aimed at the recovery of stolen
assets. They must adopt all measures needed to prevent the plundering of public assets
to the benefit of private individuals or entities. Corruption and other practices that
tend to maximize profits by circumventing the spirit of the law must be curtailed.
Policies to end corruption and money-laundering must be decisive, and preventive
measures must be effective and implemented in practice;
(b)
Ensure that the crimes that are at the origin of illicit financial flows and
grand corruption are adequately sanctioned and do not remain unpunished or subject
to statutes of limitation. Impunity for those who systematically and massively plunder
public resources is unacceptable. Those responsible for grand corruption must be held
accountable and amnesty laws should not be misused to avoid justice. Under certain
circumstances, financial crimes with transnational implications should be prosecuted
at the international level and not be subject to statutes of limitation. States should
consider ways to characterize as punishable international crimes, i.e., as crimes
against humanity, acts of corruption that are carried out systematically and have a
genuine impact on the social and economic well-being of the population, i.e., acts that
lead to the dismantling of social services, thereby hindering economic and social
progress;
(c)
Ensure that the banks and financial intermediaries involved, notably
those specialized in asset management, are held accountable for their involvement in
illicit financial flows. States must urgently ensure that banks and other financial
intermediaries operating in their jurisdiction conduct their business with due
diligence. States should monitor their compliance with all preventive measures
envisaged at the national level effectively and hold banks and banks managers
accountable in cases of violation. Criminal sanctions must be envisaged and they must
be proportional to the gravity of the case. States must ensure that financial
intermediaries proactively take actions to fight corruption and money-laundering.
Banks must provide proof of the actions that are being taken to avoid “dirty money”.
States must ensure that regulatory authorities undertake all necessary measures to
guarantee banks’ due diligence and accountability and that those measures are
implemented in practice; the authorities must also effectively demonstrate
impartiality and independence in their functioning;
(d)
Support the suppression of tax havens and the regulation of offshore
companies. The problematic surrounding asset recovery processes should be
addressed as part of a broader international dialogue on the reform of the
international financial system. States should actively support global initiatives aimed
at curtailing those practices in the financial sector that favour illicit financial flows.
More specifically, they must join the struggle undertaken by OECD against tax
havens and offshore companies by supporting the setting up of a publicly available
international register of offshore companies; prohibiting anonymous shares in limited
liability companies; and making the ultimate beneficiary nominee of shares publicly
known;
(e)
Support action by the Security Council on the freezing of illicit financial
flows and encourage the extension of similar measures to other cases. Council
resolutions 2140 (2014) and 2216 (2015) on the situation in Yemen, by means of which
individuals or entities designated by the 2140 Sanctions Committee are listed and
sanctioned, are particularly welcome. Analogous measures should be considered in
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