A/HRC/19/2
human rights, in particular economic, social and cultural rights,67 only around 2 per cent of
the estimated funds of illicit origin annually leaving the developing world are repatriated to
their countries of origin,
Noting the particular concern of developing countries and countries with economies
in transition regarding the return of assets of illicit origin derived from corruption, in
particular to countries from which they originated, consistent with the principles of the
United Nations Convention against Corruption, in particular chapter V thereto, so as to
enable countries to design and fund development projects in accordance with their national
priorities in view of the importance that such assets can have to their sustainable
development,
Convinced that the illicit acquisition of personal wealth can be particularly damaging
to democratic institutions, national economies and the rule of law, and stressing that any
resource that the State is deprived of because of corruption has potentially the same
negative effect, regardless of whether it is exported or domestically retained,
1.
Takes note with appreciation of the comprehensive study prepared by the
United Nations High Commissioner for Human Rights on the negative impact of the nonrepatriation of funds of illicit origin to the countries of origin on the enjoyment of human
rights, in particular economic, social and cultural rights;67
2.
Calls upon all States that have not yet acceded to the United Nations
Convention against Corruption to consider doing so as a matter of priority;
3.
Asserts the urgent need to repatriate illicit funds to the countries of origin
without conditionalities, consistent with the United Nations Convention against Corruption
and in line with the commitment made at the 2005 World Summit to make the fight against
corruption a priority at all levels and to curb the illicit transfer of funds, and urges all States
to step up their efforts to trace, freeze and recover those funds;
4.
Acknowledges the importance of compliance with international human rights
law in relation to the repatriation of funds of illicit origin through, inter alia, promoting
human rights-based policy coherence in the deliberations and actions by States Members of
the Human Rights Council and in the intergovernmental process of implementing the
United Nations Convention against Corruption;
5.
Invites the Conference of the States Parties to the United Nations Convention
against Corruption to consider ways of adopting a human rights-based approach in the
implementation of the Convention, including when dealing with the repatriation of funds of
illicit origin, and appreciates the continued efforts of the Open-ended Intergovernmental
Working Group on Asset Recovery of the Conference to assist States parties in fulfilling
their obligations under the Convention to prevent, detect and deter in a more effective
manner the international transfer of funds of illicit origin and to strengthen international
cooperation in asset recovery, bearing in mind that, regardless of the capacities, resources
and willingness of the requesting State’s institutions and authorities, there is a victim
society that is suffering the consequences of the transfer of those funds;
6.
Welcomes the decision made at the fourth session of the Conference of the
States Parties to the United Nations Convention against Corruption to convene open-ended
intergovernmental expert meetings on international cooperation to advise and assist States
with regard to extradition and mutual legal assistance, and notes with appreciation the
Stolen Assets Recovery Initiative of the World Bank Group and the United Nations Office
on Drugs and Crime, and encourages coordination among existing initiatives;
67
GE.13-14768
A/HRC/19/42.
119
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