A/HRC/45/28
C.
Fight against corruption
51.
IMF and the World Bank define corruption as the abuse of public office for private
gain. 54 This pervasive phenomenon, which manifests in different forms, such as the
payment of bribes, embezzlement and public service fraud, nepotism or cronyism, and
influence-peddling and conflicts of interest,55 is found in all countries in the world.
52.
The international community, at the United Nations and in other forums,56 has over
the years paid increased attention to corruption, which has had a detrimental impact on the
realization of human rights. In 2003, the General Assembly adopted the United Nations
Convention against Corruption, the main international anti-corruption treaty, which entered
into force in 2005. In its latest resolution on the negative impact of corruption on the
enjoyment of human rights, the Human Rights Council recognized that good governance,
democracy and the rule of law, and the promotion and protection of human rights and
fundamental freedoms, were essential in domestic efforts to prevent and fight against
corruption.57 The Council also acknowledged that the poor, marginalized and vulnerable
groups of society were at particular risk of suffering from the adverse impact of corruption
on the enjoyment of human rights. 58 In addition, the aim under target 16.5 of the
Sustainable Development Goals is to substantially reduce corruption and bribery in all their
forms.
53.
Since the 2000s, international financial institutions have increasingly taken measures
to combat corruption, and have become key players in global anti-corruption efforts.
Previously, they took a mainly passive role, deeming the fight against corruption a matter
for national authorities.59 They have even joined forces in this enterprise. In February 2006,
AfDB, ADB, EBRD, the European Investment Bank, IDB, IMF and the World Bank
established the Joint International Financial Institution Anti-Corruption Task Force with a
view to combating corruption in a consistent and harmonized manner through their
respective activities and operations. In September 2006, the Task Force adopted a uniform
framework for preventing and combating fraud and corruption, in which, inter alia, it
agreed in principle on standardized definitions of fraudulent practices and corrupt practices,
endorsed common principles and guidelines for investigating such practices in activities
financed by the member institutions, and recognized the importance of the exchange of
relevant information. 60 These are developments that the Independent Expert certainly
welcomes, and he notes that international financial institutions were ahead of Governments
in terms of exchange of information and coordinated enforcement against contractors.61
54.
The Independent Expert strongly supports a human rights-based approach to
combating corruption, as promoted notably by OHCHR and on the basis of which the anticorruption debate is centred around international human rights entitlements, of rights
holders, and the corresponding obligations of the State, the duty bearer.62 Such an approach,
which focuses on the victim, State responsibility, prevention and redress, complements
traditional anti-corruption policies, which focused rather on the perpetrator, individual
criminal responsibility and suppression (A/HRC/32/22, para. 130).
54
55
56
57
58
59
60
61
62
14
IMF, Fiscal Monitor: Curbing Corruption (Washington, D.C., 2019), p. 41.
Ibid.
For instance, the Financial Action Task Force was established in 1989, the Anti-Corruption Task
Team of the Organization for Economic Cooperation and Development in 1996 and the Group of 20
Anti-Corruption Working Group in 2010.
Council resolution 41/9, eleventh preambular paragraph.
Ibid., ninth preambular paragraph.
“Special report forum: fraud and corruption investigations in multilateral development banks”,
Financier Worldwide, February 2016.
Joint International Financial Institution Anti-Corruption Task Force, “Uniform framework for
preventing and combating fraud and corruption”, September 2006, pp. 1–2.
Transparency International, “TI welcomes multilateral development banks’ commitment to fight
corruption together”, 9 April 2010.
See www.ohchr.org/EN/Issues/CorruptionAndHR/Pages/CorruptionAndHRIndex.aspx.
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