A/HRC/28/73
violations of human rights caused by acts of corruption. In that way, they would be
able to have an overview of human rights violations occurring as a result of
corruption. The impact of corruption on specific human rights could be analysed, and
gaps in protection could be identified, including the question of compensation for
damage.34 On the basis of this, new strategies that strengthen synergies between anticorruption and human rights measures could be developed in the Human Rights
Council and its competent bodies. Alongside the establishment of a specific mandate
on the thematic issue of the negative impact of corruption on the enjoyment of human
rights, every thematic and country mandate should consider paying attention to the
linkage between corruption and human rights.35 Given the wide range and the
complexity of the issue, it may be appropriate to establish a five-person working
group.
53.
Moreover, it is recommended that examination of the issue of corruption as a
possible cause for human rights violations be integrated into the universal periodic
review. According to Human Rights Council resolution 5/1 and the provisions on the
universal periodic review mechanism, the universal periodic review process provides
the opportunity for each State to provide information about actions it has taken to
fulfil its human rights obligations and to improve its human rights situation. In the
universal periodic review process, particular attention could be given to the question
of whether, and to what extent, human rights violations in various States are
consequences of corruption. Furthermore, actions against corruption, as means of
improving the general enjoyment of human rights, could be included in the universal
periodic review.36
54.
Also, in the framework of the complaints procedure of the Human Rights
Council, specific attention should be paid to possible violations of human rights
caused by corruption. The Working Group on Communications and the Working
Group on Situations, which are the competent bodies to examine communications,
should bear in mind the negative impact of corruption on the enjoyment of human
rights. Any connection with acts of corruption or corrupt behaviour as causes of the
alleged human rights violations should be indicated in the course of the examination
of a communication. Also in this respect, a catalogue of criteria (as mentioned in para.
50) may be helpful.
55.
There is a strong need for United Nations bodies and organizations to enter into
dialogue with each other and with other international organizations dealing with anticorruption strategies. This inter-institutional approach should include, in particular,
the United Nations Office on Drugs and Crime, as the guardian of the United Nations
Convention against Corruption. It is of utmost importance that all the institutions
involved have a good knowledge of each other, that they share all information, and
that they establish linkages between the measures that they take. The mutual
consideration and integration aims at building a network in order to act more
effectively in an anti-corruption alliance.
34
35
36
16
See art. 35 of the United Nations Convention against Corruption.
See the submission by OHCHR to the questionnaire.
See the submission by Denmark to the questionnaire.
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