A/HRC/41/20
(b)
Anti-corruption and human rights principles both emanated from good
governance principles, such as participation, inclusion, transparency, accountability,
integrity and the rule of law; by strengthening good governance principles, it was possible
to prevent corruption and protect human rights;
(c)
Corrupt practices and human rights violations were more likely in a political
and economic environment characterized by high levels of impunity, injustice, unfairness
and exclusion;
(d)
In many countries, there was a huge gap between the commitments made
under international anti-corruption and human rights treaties and their implementation.
17.
Being more recent, the anti-corruption movement could learn from the human rights
movement. Human rights were, for example, better integrated into development work, with
almost all development actors using a human rights-based approach to development
cooperation. While there was a wealth of knowledge, tools and good practices for
mainstreaming human rights into various areas of development, more resources were still
required in order to mainstream anti-corruption processes in development. One possibility
was to use a human rights-based approach to mainstream anti-corruption processes in
United Nations programming processes. Another lesson learned from the human rights
movement was the importance of strengthening the role of non-governmental organizations
in fighting corruption, including as advocates for expanding the scope of the United
Nations Convention against Corruption and for monitoring its implementation.
18.
Mr. Timilsina recommended a common approach (a) to address the issue of victims
of corruption and human rights violations; (b) to provide support to strengthen the capacity
of anti-corruption and human rights institutions; (c) to address the issue of impunity; and (d)
to integrate human rights and anti-corruption in the implementation of the 2030 Agenda for
Sustainable Development, particularly Sustainable Development Goal 16 on peace, justice
and strong institutions. He also argued for closer cooperation between various
intergovernmental efforts, including support for the implementation of recommendations
made by monitoring bodies.
19.
The Head of the OHCHR Guatemala office, Ms. Valiña, underscored the close
connection between the promotion of anti-corruption initiatives, human rights and
sustainable development. These themes were founded on three principles: the rule of law,
equality and non-discrimination, and dignity. Ultimately, dignity was affected when
corruption undermined the enjoyment of human rights.
20.
The International Commission against Impunity in Guatemala had a mandate to
support and strengthen the Office of the Prosecutor in carrying out criminal investigations
and prosecutions in cases involving criminal armed groups. Since corruption had a negative
impact on the enjoyment of human rights, it was not possible to separate the two issues. No
human right was shielded from corruption, and corruption undermined the State’s ability to
address human rights violations. Moreover, corruption added an additional, aggravating
dimension to existing patterns of inequality and exclusion. Latin America was the most
unequal continent in the world, and Guatemala was no exception. Inequality was structural,
and corruption only exacerbated the situation of the most marginalized.
21.
OHCHR and the International Commission against Impunity in Guatemala worked
in a strategic alliance to combat corruption and impunity with a view to contributing to the
consolidation of the rule of law and strengthening the justice system. Both institutions had a
mandate to provide advice on legislation and public policy. For example, in 2016, they
supported constitutional and legal reforms, drawing attention to indigenous peoples’ rights
and jurisdiction and guarantees of judicial independence. While many efforts to combat
corruption were focused on the criminal prosecution of perpetrators, the human rightsbased approach also highlighted the rights of victims. In its legal advice, OHCHR recalled
the importance of safeguards for victims of crimes against humanity and other serious
violations of human rights, and the concept of comprehensive remedies.
22.
On the basis of its mandate to monitor situations of human rights, investigate and
report on specific cases of human rights violations, OHCHR formulated strategies and
recommended parameters for fighting impunity and corruption. On the basis of its
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