A/HRC/44/27
I. Introduction
1.
In its resolution 41/9, the Human Rights Council requested the Office of the United
Nations High Commissioner for Human Rights (OHCHR) to prepare a report on the
challenges faced and best practices applied by States in integrating human rights into their
national strategies and policies to fight against corruption, including those addressing nonState actors, such as the private sector, and to submit the report to the Council at its fortyfourth session.
2.
In follow-up to this request, OHCHR wrote to all Permanent Missions to the United
Nations Office at Geneva, relevant international organizations, national human rights
institutions and civil society organizations to solicit input for the preparation of the present
report.
3.
OHCHR received responses 1 from Austria, Azerbaijan, Ecuador, El Salvador,
Georgia, Guatemala, Iraq, Italy, Jordan, Latvia, Mauritius, Morocco, North Macedonia,
Paraguay, the Philippines, Portugal, Romania, the Russian Federation, Senegal and Serbia,
as well as the State of Palestine. The European Union also provided a response. The
following international organizations submitted contributions: OHCHR, the United Nations
Assistance Mission in Afghanistan, the Economic and Social Commission for Asia and the
Pacific and the United Nations Office on Drugs and Crime (UNODC). The following
national institutions for the promotion and protection of human rights submitted
contributions: the Danish Institute for Human Rights, the National Human Rights
Commission of Mexico and the Slovak National Centre for Human Rights. The following
civil society organizations submitted contributions: the Amman Center for Human Rights
Studies, the Center of Analysis and Research in Human Rights jointly with the International
Network of Human Rights, the Centre africain de recherche industrielle, Penal Reform
International (PRI) and the Public Organization “Public Advocacy”.
4.
The report takes into account recommendations from United Nations human rights
mechanisms and the Implementation Review Group of the Conference of the States Parties
to the United Nations Convention against Corruption. It complements the report of the
United Nations High Commissioner for Human Rights on best practices to counter the
negative impact of corruption on the enjoyment of all human rights (A/HRC/32/22).
5.
The issue of the negative impact of corruption on the enjoyment of human rights has
also been addressed by the Human Rights Council Advisory Committee (A/HRC/28/73).
While that issue is not the focus of the present report, it was emphasized in several
submissions, including that of Paraguay, in which it was pointed out that there was a lack of
scientific research to measure the negative impact of corruption on the enjoyment of human
rights.
6.
Anti-corruption efforts can conflict with international human rights standards.
Where relevant, these are indicated as challenges for integrating human rights into national
anti-corruption strategies.
7.
The present report is structured along the substantive pillars of the United Nations
Convention against Corruption, namely those on preventive measures (chap. II),
criminalization and law enforcement (chap. III), international cooperation (chap. IV) and
asset recovery (chap. V). It focuses on the complementarity between anti-corruption
measures and commitments made under international human rights instruments. Each
section highlights the challenges faced and the best practices applied by States in
integrating human rights into anti-corruption efforts. The four substantive sections are
preceded by a section on general observations and a section on States’ duty to combat
corruption as a corollary of their duty to make the maximum use of available resources to
realize all human rights. The report ends with conclusions and recommendations for further
mainstreaming the anti-corruption and human rights agendas.
1
2
All contributions are available at
www.ohchr.org/EN/Issues/CorruptionAndHR/Pages/Challenges.aspx.
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