A/HRC/44/43
67.
The Working Group reiterates that access to remedy should be available without
discrimination. 122 States should take appropriate affirmative action to provide access to
effective remedy to marginalized or vulnerable groups who may be deprived of rights due
to corrupt activities. As such, the definition of “victim” in the above-mentioned Serious
Fraud Office investigation concerning Eurasian Natural Resources Corporation and the
Democratic Republic of the Congo is noteworthy.123
VII. Civil society participation and collective action
68.
Civil society actors, including whistle-blowers, play a critical role in monitoring and
reporting on corruption and business-related human rights abuses. They develop advocacy
strategies highlighting the connection between corruption and human rights abuses and
drive change.
69.
Excellent examples of multi-stakeholder processes exist in both the anti-corruption
area and the business and human rights area. National action plan development and
monitoring processes should form a platform for effective multi-stakeholder dialogue. A
multi-stakeholder approach is needed to embed change, and civil society should be
involved in all efforts to implement the Guiding Principles. The commentary to principle 18
of the Guiding Principles clarifies that human rights due diligence should involve
meaningful consultation with potentially affected groups and other relevant stakeholders,
with consultation of human rights defenders and other civil society actors being encouraged
when it is not possible to engage with stakeholders. The United Nations Convention against
Corruption has clearer civil society engagement requirements. Article 13 (1) requires States
parties to promote active civil society participation. This participation should be
strengthened by such measures as enhancing the transparency of decision-making
processes, ensuring that the public has effective access to information, undertaking public
education programmes, and respecting, promoting and protecting the freedom to seek,
receive, publish and disseminate information concerning corruption (art. 13 (1) (a)–(d)).
Civil society’s engagement regarding the Convention provides lessons for the
implementation of the Guiding Principles, not least that the active participation of civil
society is key.
70.
Multi-stakeholder engagement is key to addressing the connected issues of
corruption and business-related human rights abuses. The Global Compact and its Local
Networks promote collective action through country-level anti-corruption projects that
facilitate dialogue between the private and public sectors and promote ethical business
performance.124 Future collective action projects could include an integrated objective of
preventing corruption and business-related human rights abuses.
VIII. Future directions
A.
Joint activities within the United Nations
71.
Coherent policy and joined-up approaches lead to better outcomes. Activities within
the United Nations are no exception. OHCHR and the United Nations Office on Drugs and
Crime (UNODC) cooperate through intergovernmental processes in Geneva and Vienna
and in the field. Information is being exchanged and collaboration undertaken in specific
areas, such as the collection of information, the organization of special events and
participation in sessions of governing bodies, as well as in efforts to ensure that human
rights and corruption issues are included in law enforcement training. The Human Rights
Council, in its resolution 41/9, stressed the importance of policy coherence among the
122
123
124
20
A/72/162, para. 25.
See https://inequality.org/research/investors-bribery-drcongo/.
See www.unglobalcompact.org/take-action/action/anti-corruption-collective-action%20 and
www.unglobalcompact.org/docs/publications/UN_Anti_Corruption_Brochure-2018.pdf.
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