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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