A/HRC/4/71
page 21
− Business sector: the inclusion of businesses in anti-corruption efforts is important
because they are often involved in corruption. Compliance programmes offer a
promising approach by generating internal processes of accountability. These
programmes help create a culture of respect for human rights and anti-corruption that
is parallel to, yet consistent with, external compliance mechanisms;
− The Media: the “nuanced discussion” of the role of the media identified a range of
issues requiring attention, including: the powerlessness of the media under certain
circumstances; their potential to do great harm (e.g.: in Rwanda); respect for the rule
of law and judicial independence as well as the existence of good laws for a free press
to operate; ensuring that the media itself is accountable and free of corruption;
− Independent official monitoring authorities: the unique contribution of monitoring
authorities, such as national human rights institutions and ombudsmen offices, was
noted, particularly their provision of a helpful interaction between civil society and
government accountability agencies;
− Parliament: regarding the importance of the parliament’s role, a number of areas of
concern were identified, such as direct bribery designed to influence the drafting of
law; the potentially harmful influences of lobbying practices; and election abuses in
the form of manipulation of results and campaign financing;
− Public participation: engaging the public and expanding its participation in
anti-corruption efforts called attention to various issues such as the entitlement of all
citizens to lodge complaints with an independent body and expect that they will be
investigated; the importance of long-term education, advocacy and information in
order to change attitudes; the need to cultivate a “culture of service rather than
entitlement”; and the need to distinguish in gift cultures between acceptable sharing
and acts of corruption.
49.
Concerns regarding capacity and technical assistance accompanied discussions of each
sector’s potential contribution to anti-corruption efforts. Mr. Archer noted that participants
called for building and strengthening the capacity of all those involved in bringing corruption
cases to court (judges, prosecutors, law enforcement agents, etc.). They pointed to the need for
technically sophisticated judicial mechanisms to:
− Enable courts and judicial officials to deal with the unique features of corruption
cases (e.g.: invisibility of victims, secrecy, no paper trail); and
− Ensure the successful prosecution of cases without violating human rights.
50.
With regard to monitoring and enforcement mechanisms, Mr. Archer noted the
importance of clear performance measures and objectives which should be appropriately
designed (local, provincial, national, etc.) with similarly appropriate strategies for empowering
communities to take action, and the long and complex process involved in building the capacity
of both. Ultimately, the public must be able to trust its institutions, therefore rebuilding trust is
paramount and, in turn, requires that institutions not only be well constructed, transparent and
independent, but also effective and efficient. Finally, attention has been given to:
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