A/HRC/26/42
I. Introduction
1.
On 13 June 2013, the Human Rights Council adopted its resolution 23/9, in which it
requested the Advisory Committee to submit a research-based report to the Council, at its
twenty-sixth session being held in June 2014, on the issue of the negative impact of
corruption on the enjoyment of human rights, and to make recommendations on how the
Council and its subsidiary bodies should consider this issue.
2.
During its eleventh session, on 16 August 2013, the Advisory Committee
established a drafting group composed of Mr. Saeed Mohamed Al Faihani, Ms. Laurence
Boisson de Chazournes, Mr. Mario L. Coriolano, Mr. Latif Hüseynov, Mr. Alfred
Ntunduguru Karokora, Mr. Obiora Chinedu Okafor, Ms. Katharina Pabel (Rapporteur),
Ms. Anantonia Reyes Prado, Mr. Dheerujlall Seetulsingh, Mr. Ahmer Bilal Soofi and
Mr. Imeru Tamrat Yigezu (Chairperson). The Committee tasked the drafting group with the
preparation of the said report.
3.
At the same session of the Advisory Committee, the drafting group developed a
questionnaire, in accordance with Council resolution 23/9, which was disseminated to
different stakeholders and had a deadline of 31 October 2013. On 30 October 2013, the
deadline for submission of responses was extended to 14 November 2013. As at 4 February
2014, a total of 72 responses had been received: 37 from States, 17 from national human
rights institutions, 13 from non-governmental organizations (NGOs) or civil society, and 5
from international or regional organizations or academic institutions.
4.
At its twelfth session, held from 24 to 28 February 2014, the Advisory Committee
and the drafting group discussed, in both public and private meetings, the “Preliminary
research-based report on the negative impact of corruption on the enjoyment of human
rights” (A/HRC/AC/12/CRP.3), which had been prepared in the intersessional period by
Ms. Pabel, the rapporteur of the drafting group. During the public discussion, a number of
members of the Committee as well as States and other stakeholders made comments on the
preliminary draft of the report. The Advisory Committee was encouraged to continue its
work on the draft report, including by providing useful recommendations therein. On the
basis of the discussions of the thirteenth session of the Committee, the draft report was
further developed.
II. What is corruption?
A.
Definition of corruption and scope of the current study
5.
To this day, there is no single, consistent and recognized definition of corruption at
the international level. Remarkably, even the United Nations Convention against
Corruption1 does not provide a definition of corruption, even though the purpose of this
Convention is specifically to promote and strengthen measures to prevent and combat
corruption more efficiently and effectively, and to promote and support international
cooperation in the prevention of and fight against corruption.2 One very common approach
1
2
The United Nations Convention against Corruption entered into force in 2005. See
http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf.
See article 1 of the United Nations Convention against Corruption.
3
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