A/HRC/39/47
C.
Corruption and open government
22.
The Independent Expert is alive to the adverse effects of corruption on the
realization of a democratic and equitable international order and appreciates the substantial
work carried out in this area. The adoption of Guiding Principles on Business and Human
Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework,
which aim to prevent adverse human rights impacts of corporate activity, represents
significant progress in this respect. However, as the previous mandate holder has observed
(see A/HRC/37/63, paras. 59−62), the lack of an enforcement mechanism undermines the
Principles’ effectiveness. There is a compelling need to adopt a legally binding convention
on corporate social responsibility, and to impose civil and penal liability on transnational
corporations, as a way of protecting rights holders from violations enabled by corrupt
Governments, investors and speculators. Beyond treaty making, the mandate holder would
like to engage States and other stakeholders on good practices that demonstrate effective
private-public partnership, the enforcement of labour rights and environmental protection,
as well as businesses’ commitment to non-discrimination and other rights-respecting
practices.
23.
The rights to freedom of opinion and expression (article 19 of the Universal
Declaration of Human Rights and article 19 of the International Covenant on Civil and
Political Rights), as well as those of peaceful assembly and association (article 20 of the
Universal Declaration and articles 21 and 22 of the Covenant), are a cornerstone of the
realization of a democratic and equitable international order. Without an enabling
environment, citizens cannot freely participate and demand accountable and responsive
governance. Under the principle of “open government”, countries pledge to protect civil
society organizations as a means of becoming more transparent, more accountable and
more responsive to their own citizens. 9 Open government requires openness to civic
participation and engagement in policymaking and governance, including through the
protection of civil liberties. Under the concept of open government, States should promote
freedom of association by taking measures to remove barriers to registration and access to
international resources, tax benefits and individual and corporate donations, as well as
promote civil society organization-government reform (see A/68/299, para. 43).
24.
Recognizing the dangers faced by anti-corruption campaigners as well as other
human rights defenders working in the field of good governance, it would also be important
to analyse the connection between repression of civic activity and increased inequity. In
this regard, the Independent Expert is interested in gathering information about citizen
monitoring and the space given to civil society to participate and contribute to the work of
national and international anti-corruption bodies.
25.
Moreover, the Independent Expert envisions further reflections on measures for
promoting accountability for corruption. In addition to exploring the role of national and
international courts, he plans to dialogue with stakeholders about the international
cooperation that exists — and that could be further developed — to tackle the transnational
element of corruption, whether through training and the sharing of good practices, in the
provision of mutual legal assistance or by cooperation in the area of stolen asset recovery.
D.
Emergence of global governance forums
26.
In an increasingly interconnected world, it is not only within international
organizations that decisions are taken on a multilateral basis. As noted by the previous
mandate holder (see A/HRC/37/63, para. 9), new global spaces besides the United Nations
have emerged where international priorities are set. These intergovernmental, multisectoral
and private groupings, such as the Group of Seven (G7), the Group of 20 (G20), the Group
of 77 (G77), the World Economic Forum, the Bilderberg Group, the Trilateral Commission,
the World Social Forum and the Community of Democracies, play a role in developing the
framework and function of the international order. Their meetings and policies invite
9
See the Open Government Declaration adopted by the Open Government Partnership in 2011.
7
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