A/HRC/44/47 of human rights, as well as to the achievement of the Millennium Development Goals and other internationally agreed development goals”.17 Later, in 2017, the Council referred in another resolution to the complementarity of international legal frameworks for protecting human rights and those for fighting corruption, and issued related recommendations. 18 19. In a similar analytical exercise, the inter-American human rights protection body, the Inter-American Commission on Human Rights, has pointed out that a number of provisions in the Convention deal with issues relevant to human rights, namely the rules on the recruitment of civil servants based on principles of efficiency and transparency and objective criteria such as merit, equity and aptitude (art. 7), the procurement of goods and services (art. 9), participation of society and criteria relating to transparency, access to information and freedom of expression (art. 13) and measures aimed at ensuring that corruption offences are dealt with more severely by criminal justice systems without violating due process, the presumption of innocence and a series of related rules. B. Challenges in the protection of human rights 20. Corruption is now becoming one of the major obstacles to achieving the Sustainable Development Goals by 2030 and ensuring the resulting exercise of human rights. 19 Among the diverse impacts of corruption, one that stands out is its effect on State institutions, directly affecting their legitimacy and, in particular, the area of administration of justice. No matter which form it takes, corruption always comes at a price, which is ultimately paid by the population and their human rights. 21. Corruption takes many forms, including new ones such as bribery, embezzlement, money-laundering and tax evasion, to name a few.20 It generally takes place when private sector entities or individuals partner with public sector entities or individuals in order to win contracts, sell products and generally enable unscrupulous public officials to obtain private benefit from public resources. Creative and effective interaction between States and the international community is crucial. It is essential to strengthen, boost and lend legitimacy to judicial institutions by ensuring the independence of judges and prosecutors. 22. The impact of corruption on human rights is a pernicious issue that merits, and is already receiving, increased attention. Traditional views are being overcome, for example that corruption has little or no relevance to the field of human rights, that it is already sufficiently addressed by other bodies or, worse, that it does not in any way fall within the remit of human rights bodies. The Special Rapporteur does not share this narrow and limiting view, which is very similar to one held several decades ago that restricted the scope of human rights to civil and political rights. 23. Work in this area is broad and complex. It involves the performance by States of several fundamental functions, including the duty to prevent and the obligation to investigate and punish, matters which fall under the direct competence of the human rights bodies. 24. In terms of prevention, using a human rights perspective, central issues include “transparency, affidavits, laws on access to public information and external controls”,21 that is, a set of positive institutional or normative obligations that States must meet. The responsibility to investigate, prosecute and, where appropriate, punish acts of corruption is derived both from national law and from international treaties, in particular the Convention. The judicial authorities and the public prosecutor’s office both have a role to play here, as 17 18 19 20 21 GE.20-04343 A/HRC/RES/21/13. A/HRC/RES/35/25. United Nations Office on Drugs and Crime, Las actividades contra la corrupción son esenciales para construir la paz, proteger los derechos humanos y garantizar el desarrollo sostenible, 10 December 2018, available at https://www.unodc.org/bolivia/es/Las-actividades-contra-la-corrupcion-sonesenciales-para-construir-la-paz--proteger-los-derechos-humanos-y-garantizar-el-desarrollosostenible.html. A/72/140, para. 72. Final report of the Human Rights Council Advisory Committee on the issue of the negative impact of corruption on the enjoyment of human rights, A/HRC/28/73, para. 28. 5

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