A/HRC/40/59
of the requisite normative and institutional framework against both corruption and torture
or ill-treatment, and/or of the political will and systemic capacity to make it effective, is a
fundamental impediment to the eradication of such abuses and their mutually reinforcing
manifestations.
3.
Insufficient accountability of corporate actors
54.
The past 30 years have witnessed a dramatic increase in the number and influence of
transnational corporations, growing investment and trade flows between countries and the
emergence of global supply chains. In addition, major development projects have
increasingly involved corporate actors and private investments, often in the form of publicprivate partnerships between State agencies and foreign private investors. This trend has
given rise to various standard-setting processes aiming to address the increasing human
rights impacts of business activities including, most notably, the Guiding Principles on
Business and Human Rights: Implementing the United Nations “Protect, Respect and
Remedy” Framework. While the Guiding Principles do not focus on the interrelations
between business, human rights and corruption, States clearly have a positive duty to
protect against human rights abuses related to corporate practices, including those involving
corruption.
55.
The interrelation between corruption and torture or ill-treatment in such contexts can
include a wide range of practices, from acts or threats of violence on the part of State
officials or private security personnel against protesters, journalists and human rights
defenders to the harassment and forced eviction of local inhabitants, indigenous peoples
and others perceived as an obstacle to corporate interests and expropriation of their
property, and can even extend to manipulating the administration of justice in favour of
unchecked corporate power. In practice, acts or threats of violence, forced labour, modern
slavery, inhuman working conditions and human trafficking at the hands of corporate actors
are often facilitated and enabled by corruption and lack of transparency in complex
corporate supply chains, in contexts such as agricultural farming of raw materials like
sugar, cotton, cocoa and tobacco, but also in construction, mining and quarrying, as well as
garments and textiles (A/HRC/30/35). In view of the often very substantial sums of money
and other benefits involved in corporate investment projects, this is an area particularly
prone to grand corruption involving the top level of Government and corporate leadership
in both developing and developed States.
4.
Inadequately resourced public services and institutions
56.
It is widely recognized that inadequate funding of public services, including poor
infrastructure and equipment, and insufficient number, remuneration and training of staff
significantly increase the risk of corruption and abuse. The risks of torture and ill-treatment
arising in conjunction with corruption are particularly high where insufficiently resourced
public services and institutions are authorized to use force and coercion, such as military
and police forces, border guards, prison staff and, in some contexts, publicly mandated
private security contractors. In detention facilities, inadequate staffing, infrastructure and
supplies often significantly downgrade the general conditions of detention and create fertile
ground for cycles of corruption, discrimination and torture or ill-treatment. In such
facilities, prison staff tend to delegate part of internal discipline to dominant inmates and to
establish systems of corrupt exchanges in which money or favours are exchanged for
“privileges” such as protection from violence, alleviating cruel, inhuman or degrading
detention conditions or providing access to sufficient food, water, hygienic articles and
medical care, or visits by lawyers and family members. Conversely, rigorous recruitment
and training processes and appropriate remuneration of prison staff have been found to
contribute towards reducing or eradicating endemic corruption and torture or ill-treatment.16
16
See, further, UNODC, Handbook on Anti-Corruption Measures in Prisons, chap. 4.
15
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