A/HRC/44/27
II. General observations
8.
There is no internationally agreed legal definition of corruption. The most widely
used general definition of corruption is the one used by Transparency International,
according to which corruption is “the abuse of entrusted power for private gain”. 2 The
United Nations Convention against Corruption contains a list of crimes that form the core
of corruption offences, namely bribery, embezzlement, trading in influence, abuse of
functions and illicit enrichment. Corruption crimes can be committed in both the public and
the private sectors; by their very definition, however, they are undertaken in a private
capacity and it is usually quite apparent that this is so.
9.
Corruption offences can be committed in various ways, including through the
promise, offering or giving or through the solicitation (which may imply an element of
coercion) or acceptance of an undue advantage in exchange for action or inaction in the
exercise of official duties. In extortion cases, the direct victim is easily identifiable. In other
cases, the victim typically stands outside the corrupt relationship and may be society at
large, particular groups of the population or of certain regions or sectors, unsuccessful
bidders or the shareholders of a company.
10.
The United Nations Convention against Corruption is a comprehensive international
instrument intended to combat the scourge of corruption around the world. States parties to
the Convention must take effective measures to prevent corruption, criminalize corrupt acts,
ensure effective law enforcement and cooperate with other States parties in enforcing anticorruption laws and in returning assets obtained through corruption. Moreover, pursuant to
article 5 of the Convention, States parties should: (a) develop and implement or maintain
effective, coordinated anti-corruption policies; (b) establish and promote effective practices
aimed at the prevention of corruption; and (c) periodically evaluate relevant legal
instruments and administrative measures with a view to determining their adequacy to
prevent and fight corruption.
11.
In the Kuala Lumpur statement on anti-corruption strategies, high-level
representatives of anti-corruption authorities and national planning authorities from South,
East and South-East Asia and anti-corruption experts from around the world noted that,
while there was no simple formula for the proper design, content or implementation of anticorruption strategies, the United Nations Convention against Corruption could be used as a
framework.3
12.
Furthermore, they recommended that anti-corruption strategies should be
incorporated within broader national development initiatives currently in focus and should
take into account international and regional obligations. Moreover, the strategies should
take into account of and establish links with other relevant national strategies (e.g., those
involving the judicial sector, public administration reform and open government) and
should seek to form synergies with other agencies. Finally, they should be organized under
an overarching/holistic approach while taking into account sector-specific needs.4
13.
The Human Rights Council, in its resolution 41/9, recalled the obligation of States
parties to the United Nations Convention against Corruption to implement policies in
accordance with article 5 of the Convention and invited States to address the prevention and
effect of corruption in the development of relevant national plans of action, including plans
on business and human rights.
14.
UNODC has highlighted some challenges for integrating human rights into national
anti-corruption strategies. One challenge was that the United Nations Convention against
Corruption was not a human rights treaty. States parties therefore focused on implementing
the Convention but did not always see how their human rights obligations might be affected
by corruption. One State did, however, identify the separate treatment of anti-corruption
and human rights as a challenge and noted that further efforts were required to raise
awareness on the interlinkages between the two. Another State reported that the lack of
2
3
4
See www.transparency.org/glossary/term/corruption.
UNODC, The United Nations Convention against Corruption: National Anti-Corruption Strategies –
A Practical Guide for Development and Implementation (New York, 2015), p. 55.
Ibid.
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