A/HRC/44/27
and cultural rights (E/2017/70, para. 39). While there is no human right to freedom from
corruption in international human rights law, corruption is antithetical to human rights. It is
notable that, in its submission, Guatemala reported that its Constitution referred to the right
to a life free from corruption.
IV. Preventive measures
A.
Preventive anti-corruption policies and practices (art. 5) and preventive
anti-corruption body or bodies (art. 6)
21.
In line with article 5 of the United Nations Convention against Corruption, all States
parties should develop and implement or maintain effective, coordinated anti-corruption
policies that promote the participation of society and reflect the principles of the rule of law,
proper management of public affairs and public property, integrity, transparency and
accountability. Similarly, the World Conference on Human Rights recommended that each
State consider the desirability of drawing up a national action plan identifying steps
whereby that State would improve the promotion and protection of human rights. 6
22.
An efficient anti-corruption strategy must be informed by key human rights
principles. An independent judiciary, freedom of the press, freedom of expression, access to
information, transparency in the political system and accountability are essential both for
developing successful anti-corruption strategies and for promoting the enjoyment of human
rights. So too is a serious commitment to the progressive realization of economic and social
rights. 7 Moreover, participation leads to better informed and more sustainable decisionmaking and to more effective, accountable and transparent institutions. This in turn
enhances the legitimacy of States’ decisions and their ownership by all members of
society. 8 The inclusive nature of the processes for developing national anti-corruption
strategies or policies, namely the engagement with a wide range of stakeholders, including
civil society, has also been identified as a good practice by the secretariat of the Conference
of the States Parties to the United Nations Convention against Corruption
(CAC/COSP/2019/9, para. 12).
23.
In this respect, Austria highlighted its national anti-corruption strategy, in which it
had adopted a holistic approach to preventing and combating corruption. Not only was the
strategy the result of cooperation between the federal ministries, the regions, civil society
and other relevant institutions and stakeholders but, above all, its structure and goals were
grounded in the protection and the furtherance of human rights. Georgia too drew attention
to its national anti-corruption strategy and action plan, adding that civil society actively
participated in the policy planning, monitoring and evaluation processes overseen by the
State Interagency Coordination Council and that the reforms devised within the anticorruption policy framework corresponded to the objective of the national human rights
strategy. Romania highlighted that its national anti-corruption strategy, which integrated
human rights principles such as transparency and accountability, had been developed in
consultation with some 90 civil society organizations, public institutions and companies.
The Centre of Analysis and Research in Human Rights and the International Network of
Human Rights recommended the active participation of national human rights institutions
in the development and adoption of public policies for tackling corruption.
24.
In line with article 6 of the United Nations Convention against Corruption, all States
parties should ensure the existence of bodies to prevent corruption. As their counterparts,
national human rights institutions play an important role in the promotion and protection of
human rights.9 The Human Rights Council, in its resolution 41/9, encouraged national anti-
6
7
8
9
See Vienna Declaration and Programme of Action, part II, para. 71 (A/CONF.157/23).
OHCHR, “The human rights case against corruption” (Geneva, 2013), p. 6.
See the guidelines for States on the effective implementation of the right to participate in public
affairs, p. 3.
The principles relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles) are the international standard for national human rights institutions. For
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents