A/HRC/14/24
73.
On the other hand, experience shows a significant risk that such groups will commit
serious human rights abuses with impunity, or evolve into unaccountable militias or bandit
forces.32 This remains a problem in both the Democratic Republic of the Congo and the
Central African Republic.33
74.
Given the prevalence of civil defence groups around the world, and their potential
either to protect or to violate the right to life, further research is needed to study the
conditions under which they come into existence, the factors that contribute to illegal
conduct, and what Governments and the international community can do to mitigate such
risks. It is clear that human rights law requires Governments to exercise due diligence in
preventing such groups from committing abuses, and to investigate, prosecute and punish
violations when they occur. But difficult questions include whether, in what circumstances,
and how Governments could or should legally support or encourage the development of
civil defence groups.
F.
Corruption and unlawful killings
75.
Corruption has been a significant issue in most of the countries visited.34 Initial
appearances notwithstanding, there is often a strong link between corruption and killings.
Corruption can contribute to the commission of unlawful killings (e.g. violence by police
against civilians who refuse to pay a bribe), to impunity for killings (through bribery of
police, prosecutors or judges), and can divert essential resources from much needed
Government programmes that would help to reduce killings. Thus, corruption can be both a
cause and a consequence of killings and of impunity.
76.
Pervasive and deep-rooted corruption is difficult to change, but in the absence of
such change there is often little point in recommending sweeping reforms of police or legal
systems. Research could explore the factors that contribute to or reduce killings in corrupt
contexts and the effectiveness of measures to reduce corruption and their impact on killing
levels. Such measures might include requiring audits of Government institutions, obligating
senior officials to publicly declare their assets (A/HRC/14/24/Add.5); instituting zero
tolerance policies (E/CN.4/2006/53/Add.4, para. 57); strengthening police oversight
mechanisms (idem); instituting radical structural reforms (A/HRC/11/2/Add.6, para. 95), or
tailoring witness protection programmes specifically to guard witnesses against police
reprisals and widespread witness intimidation.35
77.
Research could also examine the role and impact of donor assistance for anticorruption initiatives. While, for example, donor aid to improve salaries for police forces
and the judiciary can be necessary and welcome, it is often only one part of the systemic
reforms required to address corruption, violence and a culture of impunity
(A/HRC/8/3/Add.3, paras. 90-91). Aid may be more effective when part of a coordinated
system of donor-provided funding for rule of law programmes, defined broadly to include a
variety of institutions and all levels of society, but the exact parameters, needs, and
outcomes of such initiatives needs further study.
32
33
34
35
18
E/CN.4/1994/7, paras. 719-720 (referring to the Bangladesh Rifles and Ansar Guards in Bangladesh,
civil self-defence patrols in Guatemala, rondas campesinas and comités de defensa civil in Peru,
Citizen’s Armed Forces Geographical Units in the Philippines and the Kontrgerilla and Village
Guards in Turkey).
A/HRC/14/24/Add.3 and A/HRC/14/24/Add.5.
E/CN.4/2006/53/Add.4, paras. 39-41 and 48 (Nigeria); A/HRC/11/2/Add.6, para. 31 (Kenya); and
A/HRC/11/2/Add.3, paras. 83-86.
A/HRC/11/2/Add.2, para. 61 and A/HRC/11/2/Add.7, para. 38.
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