A/HRC/31/28
competency;3 and responsiveness to the needs of the people.4 Given the partial overlaps
between these elements, it was suggested they be subsumed by the three-pronged formula
established in the 1998 Aarhus Convention on Access to Information, Public Participation
in Decision-making and Access to Justice in Environmental Matters (transparency,
participation and access to justice).5 Examining these three pillars through a human rights
lens could assist in filling the elements with content adaptable to different cultures and
contexts.
10.
A.
The moderator then invited the panellists to make their presentations.
Contributions by panellists
11.
Mr. Mumuni focused on two issues: firstly, the role of non-governmental
organizations (NGOs) in initiating legal action against corruption where anti-corruption
institutions failed to do so; and secondly, advocacy for the establishment of an international
anti-corruption court to try grand corruption cases and facilitate repatriation of stolen funds
to victim States.
12.
NGOs could play a key role in combating corruption by ensuring the effective
enforcement of anti-corruption legislation and the United Nations Convention against
Corruption, and by pushing anti-corruption institutions, through legal actions, to properly
investigate and prosecute corruption cases so as to deter future misconduct. They could
contribute to prevention, for example, by persuading Governments to enact legislation
including whistle-blower protection laws. Given that grand corruption (and impunity of
perpetrators) was inimical to the public interest, NGOs could also initiate “public interest
litigation”, pursuing corruption cases where anti-corruption institutions failed to do so or
that otherwise would not be subject to scrutiny. It was thus important to relax locus standi
requirements and encourage courts to accept public interest litigation and class action
lawsuits in corruption cases. In addition to the need for a conducive legal and judicial
environment, it was noted that NGOs needed to acquire the necessary expertise and
resources to effectively use public interest litigation.
13.
He suggested that the establishment of an international anti-corruption court would
be a way to probe allegations of grand corruption. It was observed that, in a context where
many had lost faith in the ability of national courts and Governments to combat high-level
official corruption, an international anti-corruption court could serve to erode the
widespread culture of impunity and address the challenges undermining the effective
repatriation of stolen assets to victim States. Grand corruption was a complex problem
causing severe human suffering and required novel solutions. Parallels were drawn with the
International Criminal Court and it was suggested that its track record offered hope for a
well-functioning anti-corruption court.
14.
Mr. Taekyoon elaborated upon the links between good governance and the
Sustainable Development Goals. These Goals went beyond the Millennium Development
Goals, which did not include significant governance aspects. Recalling Council resolution
25/8, the panellist noted that deepening good governance practices at all levels was a
prerequisite for the full realization of human rights, including the right to development.
3
4
5
4
Human Rights Council resolution 19/20.
Commission on Human Rights resolution 2000/64.
Meeting of the Parties to the Convention on Access to Decision-making and Access to Justice in
Environmental Matters, decision II/4 on promoting the application of the principles of the Aarhus
Convention in international forums (ECE/MP.PP/2005/2/Add.5).
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