A/HRC/28/73
origin can be another measure to counter the negative impact of corruption on the
enjoyment of human rights, as such funds can be generated by corruption (see
A/HRC/25/52).
10.
Corruption not only occurs at the national level, but at the international level too,
notably in international organizations, including international non-governmental
organizations, and in transnational corporations. In the case of international organizations,
each organization is responsible for its conduct and, especially, for any resulting violation
of human rights. It is more difficult to establish the responsibility of specific States for
corruption occurring within transnational corporations. On the one hand, each State is
responsible for fulfilling its human rights obligations, and therefore must fight corruption
committed by transnational corporations operating on its territory. On the other hand, it is
quite clear that in order to fight corruption in transnational corporations adequately and
effectively, there is a need for transnational and international efforts. The Guiding
Principles on Business and Human Rights: Implementing the United Nations “Protect,
Respect and Remedy” Framework,9 which constitute an authoritative global framework for
managing risks to human rights arising from business activities, does not explicitly draw a
link between business, human rights and corruption. Rather, the Guiding Principles imply
that States have duties to ensure that corruption does not interfere with their obligations to
protect against corporate-related human rights abuses. For their part, business enterprises
have a responsibility to refrain from involvement in any corrupt activity that may impinge
on the enjoyment of human rights. Consequently, the human rights–based approach to
countering corruption established in the present report can help to fight corruption in
national businesses and transnational enterprises.
III. In what respect does corruption have a negative impact on
the enjoyment of human rights?
11.
A link between human rights and corruption can be established in two different
ways:
(a)
A violation of human rights may occur as a result of a corrupt act;
(b)
Anti-corruption measures could violate human rights.
12.
Although it is important not to forget the second aspect (the violation of human
rights through anti-corruption measures), especially if instruments of criminal prosecution
are applied in combating corruption, the present report, in line with the request of the
Human Rights Council, focuses on the first of the above-mentioned aspects of corruption.
9
Available at http://www.wto.org/english/docs_e/legal_e/rev-gpr-94_01_e.pdf (accessed 15 October
2014).
The Guiding Principles were developed by the Special Representative of the Secretary-General on the
issue of human rights and transnational corporations and other business enterprises (see the annex to
the Special Representative’s final report to the Human Rights Council (A/HRC/17/31)) and were
endorsed by the Council in its resolution 17/4 of 16 June 2011.
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