32/22 Best practices to counter the negative impact of corruption on the enjoyment of all human rights

GE.16-06200(E)



Human Rights Council Thirty-second session

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Best practices to counter the negative impact of corruption on the enjoyment of all human rights

Report of the United Nations High Commissioner for Human Rights

Summary

The present report is submitted in response to Human Rights Council resolution

29/11, in which the Council requested the United Nations High Commissioner for Human

Rights to prepare a compilation of best practices to counter the negative impact of

corruption on the enjoyment of all human rights developed by States, national human rights

institutions, national anti-corruption authorities, civil society and academia, for

consideration by the Council at its thirty-second session.

I. Introduction

1. In its resolution 29/11, the Human Rights Council requested the United Nations

High Commissioner for Human Rights to prepare a compilation of best practices of efforts

to counter the negative impact of corruption on the enjoyment of all human rights

developed by States, national human rights institutions, national anti-corruption authorities,

civil society and academia, with a view to submitting it to the Council at its thirty-second

session.

2. Accordingly, on 24 August 2015, the Office of the United Nations High

Commissioner for Human Rights (OHCHR) wrote to all permanent missions to the United

Nations Office at Geneva, national human rights institutions, civil society organizations and

academic institutions to solicit input for the preparation of the present report, including

input from national anti-corruption authorities. The correspondence was complemented by

a questionnaire,1 elaborated jointly with the United Nations Office on Drugs and Crime

with a view to guiding and structuring contributions.

3. As at 21 March 2016, OHCHR had received responses from the following States:

Argentina, Austria, Bahrain, Bolivia (Plurinational State of), Colombia, Cuba, Estonia,

Georgia, Greece, Hungary, Ireland, Malta, Mauritius, Montenegro, Oman, Paraguay, Peru,

Romania, Russian Federation, Saudi Arabia, Switzerland, Trinidad and Tobago, Tunisia,

Turkey, Turkmenistan and Ukraine. The following national institutions for the promotion

and protection of human rights submitted contributions: Danish Institute for Human Rights,

National Human Rights Commission of Mexico, Office of the Commissioner for

Fundamental Rights of Hungary, Office of the Commissioner for Human Rights

(Ombudsman) of the Republic of Azerbaijan, Office of the Ombudsman of Peru, Office of

the Parliamentary Ombudsman of Finland and South African Human Rights Commission.

The following civil society organizations submitted contributions: Al Khair Society for

Relief and Charity Work (Libya), Asabe Shehu Yar’ Adua (Nigeria), Brazilian Association

of Women in Defence of Children and Adolescents (Brazil), Center for Grassroot

Development and Crime Prevention (Nigeria), International Police Executive Symposium

(United States of America), National Association for the Fight against Corruption (Algeria),

New Line Social Organization (Afghanistan) and Niger Delta Budget Monitoring Group

(Nigeria). The Washington and Lee University School of Law (United States of America)

also submitted a contribution.

II. Contributions received from States Members of the United Nations

Argentina

4. The Government of Argentina emphasized that corruption had a negative impact on

the enjoyment of human rights. It was therefore necessary to combat corruption as

effectively as possible.

5. The Government described legislative amendments it had adopted in implementation

of anti-corruption instruments, namely the Inter-American Convention against Corruption,

the United Nations Convention against Corruption and the Convention on Combating

Bribery of Foreign Public Officials in International Business Transactions of the

Organization for Economic Cooperation and Development, and in pursuance of the policy

on crime. The amendments aimed at mitigating the negative effects of corruption for

1 Available from www.ohchr.org/EN/Issues/Development/GoodGovernance/Pages/BestPractices.aspx.

society, with a resulting positive impact on the effective enjoyment and better protection of

human rights of the population.

6. Measures undertaken included the adoption of a law on ethics in the exercise of the

public function; instructions to strengthen the effectiveness of criminal investigations and

procedures, including the freezing, seizure and confiscation of proceeds of corruption; and

institutional measures to strengthen capacity and cooperation in specific areas such as

corruption in the security forces, asset recovery, economic investigations, financial analysis

and administrative investigations.

Austria

7. The Government of Austria underlined the importance of specialized knowledge and

competence of judges and prosecutors in commercial and business law for effectively

combating corruption. Tailored training courses were offered to judges and prosecutors in

this regard. Human rights were also part of the judicial training.

8. With regard to the protection of human rights while combating corruption, the

Government drew attention to the regulation of forfeiture of assets acquired for or through

the commission of an offence, notably to the grounds for exclusion from forfeiture with

regard to third persons and with regard to the person concerned if the objective could be

achieved by less intrusive means.

9. It listed a number of human rights guarantees that applied in criminal prosecution of

corruption cases, including the principles of objectivity and truth seeking; legality and

proportionality; the right to a fair hearing; the need for expeditiousness; victim

participation; and the right to a public hearing.

10. With regard to the protection of victims, the Government referred to the right of

victims not to testify and to give evidence anonymously. It also shared information on its

leniency programme and on an Internet-based anonymous system for reporting suspicions

of corruption.

11. Austria’s national anti-corruption authority shared information on its efforts to

protect human rights in cases of reporting suspicions of corruption, cooperation with the

competent authorities and prevention of corruption. It noted that human rights violations

resulting from corruption-related offences could lead not only to criminal proceedings, but

could also be brought before the Constitutional Court. A human rights perspective on

corruption focused on the victim. Victims’ access to court in corruption cases, including

alleged human rights violations resulting from corruption, could be a powerful tool in

preventing corruption.

12. Several national human rights mechanisms played an indirect role in combating

corruption in Austria. The Austrian Ombudsman Board, for example, could receive

complaints of alleged human rights violations. Alleged human rights violations caused by

corruption could also be raised with the national prevention mechanism.

13. As part of its efforts to prevent corruption, the national anti-corruption authority

provided training and education, including information on the negative impact of corruption

on the enjoyment of human rights. The authority maintained contact and exchanged

information on the prevention of corruption and human rights with national human rights

institutions and civil society organizations. Austria was developing a network of integrity

officers to promote ethical, human rights-compliant behaviour in the public administration.

14. Civil servants who reported in good faith well-founded suspicions of a criminal

offence were legally protected against discrimination by their employer. A reporting office

treated allegations of corruption and abuse of authority confidentially; reporting persons

could set up a mailbox on a whistle-blower website and exchange information with

investigators while remaining anonymous.

Bahrain

15. The Government of Bahrain underlined that one of the reasons for criminalizing

bribery in the public and private sectors was the negative impact of bribery on the

enjoyment of human rights and the violation of the principle of equal opportunity. It shared

information on constitutional and legal guarantees to protect the human rights of suspects

and of victims in anti-corruption criminal procedures.

16. Bahrain had no memorandum of understanding or other formal arrangement on

coordination and cooperation between the national anti-corruption agency and the national

human rights institution. All entities worked as one organization and coordination existed at

all levels; there was therefore no need for such a memorandum.

17. The Government also shared information on its regulatory framework for asset

declaration and on the protection of victims and witnesses, which could include change of

place of residence, change of identity and a prohibition or restriction on providing

information relating to the identity and residence of the persons requiring protection.

Bahrain relied on audio and visual technology to register testimonies for use in criminal

proceedings for the protection of victims and witnesses.

Bolivia (Plurinational State of)

18. The Government of the Plurinational State of Bolivia stressed that corruption had a

negative impact on State property and diminished the resources available for public

services. It thus constituted a structural obstacle to the enjoyment and realization of human

rights. The fight against corruption could have positive effects on the realization of human

rights, and the promotion of human rights could prevent corruption. Moreover, the fight

against corruption could be fully effective only through a human rights approach.

19. The Government underlined the importance of the principles of public disclosure

and transparency in public administration. Access to information was particularly important

to ensure social control of public spending and management.

20. The national policy to promote transparency and combat corruption built upon two

fundamental principles, human rights and social dialogue. It sought to strengthen citizens’

participation, transparency in public management and the right of access to information.

Access to information, social control, public ethics and public accountability were also

constitutional principles.

21. The Government shared information on the protection of witnesses and reporting

persons, the establishment of “transparency units” in each ministry, public outreach and

education activities, and international cooperation.

Colombia

22. The Government of Colombia highlighted the convergence of the principles

underpinning good governance, anti-corruption and the realization of human rights. One

important element in the fight against corruption was access to information and social

control, such as public hearings to ensure accountability of the public administration. The

statutory law on transparency and access to information regulated access to public

information, the procedures for exercising the right and the exceptions. The Government

also drew attention to the importance of e-government or government online, which

contributed to making the State more efficient, transparent and participatory. Another

initiative was the creation of a transparency and anti-corruption observatory, which aimed

at improving transparency in public management and included citizen participation. The

observatory had developed indicators for measuring good governance, including anti-

corruption measures.

Cuba

23. The Government of Cuba underlined the importance of the United Nations

Convention against Corruption, the Conference of the States Parties, the review mechanism

and the intergovernmental working groups for the prevention and suppression of

corruption. Cuba undertook numerous education and awareness-raising activities for all

actors of society on the importance of combating corruption, which also contributed to the

realization and enjoyment of human rights. The Government also drew attention to the

importance of civil society organizations in the review of the implementation of the

Convention.

24. Global structural causes made it impossible to eradicate corruption at the national

level alone. Increased cooperation from developed countries was therefore necessary to

ensure the effective implementation of the Convention, in particular the return of assets to

developing countries, which would contribute to sustainable development and the

realization of the rights of the peoples in those countries.

Estonia

25. Estonia has integrated a human rights perspective into the preventive measures of its

anti-corruption strategy. The Government referred to corruption in the heath sector, which

could lead to a violation of the right to health. Consequently, the anti-corruption strategy

provided for increasing transparency in the health-care sector as a preventive measure.

More generally, however, the Government was of the view that not only preventive but also

all anti-corruption measures indirectly addressed the negative impact of corruption on the

enjoyment of human rights; therefore, all anti-corruption measures and activities implicitly

incorporated human rights considerations.

26. In Estonia, the only corruption cases where human rights played a determining role

were criminal proceedings where human rights violations were alleged, such as in the

context of surveillance activities.

27. The Government described recent amendments to the Penal Code with regard to

some corruption offences to make regulation more efficient and clear. Bribery of public

officials and in the private sector became two separate offences and the distinction between

“gratuity” and “bribe” was removed.

28. Anonymity was granted to reporting persons to ensure their protection. The

Government had set up a special e-mail address and hotline for reporting.

29. Evidence gathered through surveillance activities was inadmissible in court if the

process violated the ultima ratio principle. Surveillance activities were permitted only on

the basis of the Code of Criminal Procedure if it was impossible to collect data otherwise or

in time, or if the collection was especially complicated or damaged the interests of the

criminal proceedings.

30. The confiscation of proceeds of corruption was possible only in accordance with the

provisions of the Penal Code. The Government also shared information on the country’s

legislative and practical framework for the protection of witnesses, their family members

and whistle-blowers.

Georgia

31. The Government of Georgia emphasized that corruption led to human rights

violations, making the prevention and suppression of corruption in the public and private

sector a priority. The Government’s anti-corruption strategy therefore focused on human

rights protection. The main objective was to achieve a high level of transparency and

accountability, to increase access to public information, to enhance citizen involvement, to

strengthen corruption prevention mechanisms and to take advantage of new technologies.

32. Instrumental in that regard was the effective enforcement of human rights, including

the right of access to public information, protection of whistle-blowers, political rights and

free trial guarantees.

33. In Georgia, the entire system of corruption prevention and suppression was based on

the right to participation. The Anti-Corruption Council, for example included

representatives from civil society organizations, international organizations, donors and

business associations. The anti-corruption strategy itself had been elaborated through a

participatory process. Access to information by members of civil society and their

participation in the fight against corruption was one of the strategic priorities of the national

anti-corruption strategy. Electronic communications services allowed citizens to file

requests for public information. Civil society organizations played an important role in

measuring progress and evaluating the implementation of the national anti-corruption

action plan.

34. As a means to foster transparent, accountable and corruption-free governance

systems, Georgia had established an online system for procurement and financial

declarations by public officials and for treasury and budget programmes, overhauled the

regulation on the funding of political parties and drafted a law regulating access to public

information.

35. Another important element of the anti-corruption strategy was the protection of

whistle-blowers. That entailed the possibility of anonymous and confidential reporting and

protection from retaliation, intimidation, oppression, coercion, humiliation, moral or

material damage, use or threat of violence, discrimination or any other illegal act.

36. The right to a fair trial was one of the bases for creating a corruption-free

environment. Georgia had adopted several measures to ensure the independence of the

judiciary.

Greece

37. The Government of Greece reported that its anti-corruption strategy was indirectly

and implicitly based on human rights principles. An independent judiciary, freedom of the

press, freedom of expression, access to information, transparency in the political system

and accountability were essential for a successful anti-corruption strategy. Moreover, the

strategy included preventive measures to a great extent, which prevented at the same time

the negative impact of corruption on the enjoyment of human rights.

38. The Government observed that there was a strong connection between anti-

corruption principles (participation, transparency, access to information, accountability) and

the scope of human rights (freedom of expression and of the media, access to information,

non-discrimination). Human rights and anti-corruption efforts were mutually reinforced by

promoting the necessary elements of good governance, civil and political rights,

transparency and accountability.

39. With that in mind, Greece undertook numerous institutional, legislative, policy and

educational measures to combat corruption. They included awareness-raising, education,

access to information, witness and whistle-blower protection, an effective, independent and

impartial judiciary, transparency of political party financing and coordination mechanisms.

Hungary

40. The Government of Hungary pointed out that the negative impact of corruption on

the enjoyment of human rights posed complex problems. Besides numerous efforts to

suppress corruption and to recover the proceeds of corruption, the Government described a

number of examples where human rights considerations were particularly relevant,

including legal guarantees in the context of special investigative techniques and in the

context of confiscation procedures. It also highlighted the importance of judicial integrity

and of an effective witness protection programme, which included not only witnesses but

also victims, and their representatives, experts, interpreters and family members.

41. The Office of the Commissioner for Human Rights operates an electronic system for

secure reporting of suspicions of corruption. During the inspection of places of detention

and prisons, special care was taken to identify possible illicit relationships between

prisoners and prison personnel and to corruption in connection with alleged ill-treatment of

persons deprived of their liberty.

Ireland

42. The Government of Ireland drew attention to the negative direct and indirect impact

of corruption on the enjoyment of human rights. In order to better combat corruption while

at the same time safeguarding human rights, Ireland sought to provide greater clarity with

regard to some corruption offences but also to ensure that penalties were proportionate to

the damage of corruption to society.

43. The Government shared information on its whistle-blower protection system, which

extended beyond its borders. Whistle-blowers abroad could report suspected corruption

offences to diplomatic and consular officers or members of law enforcement of the State

concerned.

44. While the Irish national human rights institution was not specifically mandated to

deal with corruption, its mandate to promote and protect human rights encompassed

corruption where it affected human rights. An example of an activity in that regard was the

observations of the institution on draft whistle-blower legislation.

45. The Government was of the view that national human rights institutions and regional

networks of national human rights institutions were well placed to assess the implications

of corruption on human rights, the rule of law, democracy and economic freedom and to

work together with national Governments for improved governance and improved

functioning of public institutions and the market.

Malta

46. The Government of Malta stressed that preventive measures were among the most

effective means of countering corruption and avoiding its negative impact on the enjoyment

of human rights. Malta called for a stronger focus on the rights of victims of corruption and

on States’ responsibility to combat corruption in order to meet their obligations to promote

and protect human rights.

47. Reforms aiming at greater transparency were therefore important for combating

corruption. Malta had adopted several legislative and institutional steps in that regard,

including a code of ethics, a freedom of information act and whistle-blower protection.

48. The Government also reported on challenges that required further action, such as the

lack of a monitoring mechanism to ensure compliance with the code of ethics, to verify

asset declarations and to regulate lobbying. It highlighted the importance of transparency in

making judicial appointments and decision-making in environmental planning.

49. Malta shared its positive experience with a reform to address vulnerability to

corruption in environmental planning and the granting of development permits. A recent

legislative act contained provisions on disclosure of conflicts of interests of staff members

and consultants of the Malta Environment and Planning Authority. Failure to disclose an

interest could result in removal from office or termination of contract. As an additional

safeguard, relevant proceedings and hearings were held in public. Moreover, the

Ombudsman Act was amended to allow the Ombudsman to appoint commissioners for

administrative investigations; that led to the appointment of a Commissioner for

Environment and Planning to investigate complaints related to the Malta Environment and

Planning Authority. The Commissioner has the power to require the production of

documents, summon witnesses and report to Parliament. Since the reform, the number of

complaints had decreased.

Mauritius

50. The Government of Mauritius expressed the view that corruption could violate

human rights, had negative impacts on the enjoyment of human rights, increased inequality

and caused poverty. Corruption created discrimination and inequality of opportunity,

especially with respect to employment, promotion, access to services and opportunities.

Those who were disadvantaged economically and politically suffered disproportionately

from the consequences of corruption because they were particularly dependent on public

goods.

51. The Government expressed the belief that the fight against corruption could be

complemented by respect for human rights standards, methods and mechanisms, as both

pursued the same objective: a society where justice, fairness, honesty, equality and integrity

prevailed for the benefit of the population. Prevention and suppression of corruption

ultimately promoted human rights and asset recovery was a means to provide redress.

52. The national human rights institution transmitted allegations of corruption to the

national anti-corruption agency. The Government drew attention to the principles common

to achieving human rights and to fighting corruption. A common understanding of the

problem and of its impact and close collaboration could result in a more effective outcome.

Possible joint actions included outreach and education campaigns and research.

53. The Government underlined the importance of upholding the rights of the accused in

the investigation and prosecution of suspected cases of corruption as well as during

confiscation procedures. It also shared information on its legislation for the protection of

witnesses and informers. Finally, it expressed the view that indicators might help to

measure the negative impact of corruption on human rights.

Montenegro

54. The Government of Montenegro reported that under its Law on Prevention of

Corruption the national anti-corruption agency had the authority to assign proceedings to

other competent authorities, which allowed for cooperation with the national human rights

institution. The anti-corruption agency was an independent body that carried out its

functions free from any undue influence.

55. The Government shared information on the legal requirements for the investigation

and prosecution of corruption as well as for the recovery of stolen assets.

56. The Law on Prevention of Corruption strengthened the protection of whistle-

blowers. The definition of whistle-blower covered public and private sector employees.

Public interest was broadly defined and protection was guaranteed for a broad spectrum of

reports of irregularities and unethical behaviour. There was a clear procedure to be

followed to report suspicions of corruption. Montenegro established an external

independent authority which guaranteed comprehensive protection of whistle-blowers,

complementary to the judicial protections of whistle-blowers against discrimination and

harassment at work.

Oman

57. The Government of Oman provided information on its criminal law and criminal

procedure law on combating corruption while respecting human rights. The State’s anti-

corruption agency was legally, financially and administratively independent.

Paraguay

58. The Government of Paraguay highlighted the importance of transparency, integrity,

good governance and prevention of corruption in public policies. It established a national

anti-corruption agency with the mandate to coordinate, implement and monitor public

policies in the areas of transparency and integrity.

59. The Government reported on the State’s participation in international and regional

anti-corruption conventions and its cooperation with the relevant review mechanisms.

Several inter-institutional cooperation agreements had been concluded to coordinate the

implementation of policies of transparency, integrity and anti-corruption. The Government

also reported on the National Plan for the Prevention of Corruption and the creation of

transparency and anti-corruption units. A series of lectures and seminars aimed at

strengthening public ethics, transparency and integrity and anti-corruption had been

organized.

60. The Government carried out an institutional diagnostic of transparency, anti-

corruption and good practices in public institutions and adopted a law on free access to

public information and governmental transparency.

Peru

61. The Government of Peru highlighted the importance of open government,

transparency and access to public information as important elements to ensure

accountability of public entities and respect for human rights.

62. The State’s national human rights action plan aimed, inter alia, at consolidating the

mechanisms for access to public information, including by strengthening the system for

reporting suspicions of corruption. Similarly, the national plan for education on

fundamental rights and responsibilities recognized that the creation of a human rights

culture required combating corruption. The Government shared examples of inter-

institutional and transnational cooperation and coordination in the area of open government

and anti-corruption.

63. It highlighted that corruption affected the society in general, which could be seen

from perception indices. The rate of identification and prosecution of corruption cases

indirectly determined the realization of human rights.

64. Peru included human rights considerations in its self-assessment of implementation

of the United Nations Convention against Corruption with regard to extradition. Peru

interpreted the relevant provision in conformity with the pertinent national legislation on

this subject, which stipulated that its international judicial cooperation should be governed

by international treaties ratified by Peru and in the absence thereof by the principle of

reciprocity, with due respect for human rights. Consequently, extradition must adhere to

human rights principles, which could be the basis for rejecting a request for extradition, for

example in cases of trials in absentia.

65. The Government reported on initiatives that aimed at improving the fight against

corruption, integrity and protection against human rights violations, such as the recovery of

assets from abroad in the corruption case involving the former head of the intelligence

service, Vladimiro Montesinos, and its whistle-blower protection law.

Romania

66. The Government of Romania recalled that corruption led to human rights violations

and that fighting corruption safeguarded human rights. It shared information on its efforts

to criminalize corruption, including the establishment of a specialized anti-corruption

prosecutor’s office, and its legal framework for confiscation of the proceeds of corruption.

67. It also shared information on legal provisions for the reduction of or exemption from

criminal punishment of cooperating persons.

Russian Federation

68. The Government of the Russian Federation drew attention to the rights of victims of

corruption, whether natural or legal persons. Entities and persons who had suffered damage

because of an act of corruption had the right to initiate legal proceedings against those

responsible in order to obtain compensation. In that context, the Government highlighted

the importance of seizing, freezing and confiscating proceeds of corruption.

69. With a view to ensuring transparency in the fight against corruption, the Russian

Federation sought to strengthen social control mechanisms, including those concerning

business representatives. The Government provided statistical information on anti-

corruption cases and some examples of high-level cases and shared information on the

protection of reporting persons.

Saudi Arabia

70. The Government of Saudi Arabia reported that its national anti-corruption agency

and national human rights institution worked side by side to achieve equality of all

members of society, by preventing preferential treatment and ensuring accountability.

Among the tasks of the anti-corruption agency was deciding on corruption cases, including

compensation for those whose rights and interests had been infringed by corruption.

71. The anti-corruption agency paid great attention to the protection of victims,

witnesses, whistle-blowers and anti-corruption activists, primarily by ensuring

confidentiality.

72. The Government highlighted the importance of an independent judiciary, freedom of

expression, accountability, integrity and civil society participation in combating corruption.

73. It drew attention to the obligation under United Nations Convention against

Corruption to promote the reintegration into society of persons convicted of offences

established in accordance with the Convention and to its national legislation in that regard.

Switzerland

74. The Government of Switzerland highlighted the importance of a human rights-based

approach to the existing anti-corruption framework. This complementary perspective was

intended to strengthen the systemic responsibility of the State and the position of the victim.

75. References to human rights in its self-assessment of implementation of the United

Nations Convention on Corruption related to provisions of Swiss law, which prohibited

extradition or other forms of international cooperation in corruption cases where foreign

proceedings did not fulfil the standard set by the Convention for the Protection of Human

Rights and Fundamental Freedoms (European Convention of Human Rights) and the

International Covenant on Civil and Political Rights.

Trinidad and Tobago

76. The Government of Trinidad and Tobago reported that it had established an Integrity

Commission to prevent corruption of persons in public life. The Commission was

empowered to receive complaints alleging that a person in public life or any person

exercising a public function had acted in contravention of the Integrity in Public Life Act,

or had a conflict of interests in relation to the Register of Interests, or was committing or

had committed an offence under the Prevention of Corruption Act.

77. As an example of the incorporation of human rights considerations in its self-

assessment of implementation of the United Nations Convention on Corruption, the

Government referred to the establishment of the Regional Justice Protection Programme,

which provided for the protection of witnesses, experts and victims on a regional basis,

facilitating international cooperation.

78. Another example was the Police Complaints Authority, an independent body

responsible for investigating, inter alia, police corruption. As part of its mandate, it engaged

in outreach programmes designed to educate and sensitize the public. With a view to

securing the independence of the Authority, its director and deputy director were appointed

by the President on the joint advice of the Prime Minister and the Leader of the Opposition.

The Authority was responsible only to the Parliament.

Tunisia

79. The Government of Tunisia reported that the Constitution of Tunisia linked the

eradication of corruption with human rights principles. The implementation of the

Constitution implied that combating corruption was undertaken to guarantee and protect the

enjoyment of human rights, the principles of equality, equity and non-discrimination and

economic, social and cultural rights. Respect for freedom of expression, including the right

of access to information, contributed to the fight against corruption, given the important

role of the media and of civil society in uncovering corruption and in fostering a culture of

integrity.

80. Human rights and human rights principles were thus an important element in the

fight against corruption. They were recognized in codes of conduct and formed the basis for

the approach and implementation of anti-corruption policies and programmes.

81. The national human rights institution of Tunisia was empowered to receive

complaints of human rights violations, including those related to corruption. It received in

particular complaints about the treatment in prisons and detention centres. The institution

examined the complaints in coordination with the concerned entities with a view to

providing redress to the victims.

82. Tunisia recognized the need for interaction and cooperation between the anti-

corruption agency and the human rights institution in collecting data and promoting public

awareness of the negative impact of corruption. At present, however, there were no specific

mechanisms or focal points for facilitating cooperation.

83. The Government drew attention to the Open Government Partnership initiative and

the initiative to create an Arab corruption court. It underlined the importance of an

independent judiciary as a central element in the fight against corruption and for the

protection of human rights and the rule of law.

84. The Government underlined the importance of an independent anti-corruption

agency, with the power to investigate and receive complaints. It was important for the

president and members of the agency to enjoy immunity in the exercise of their functions.

Turkey

85. The Government of Turkey drew attention to the principle of transparency as a main

element in the fight against corruption. It shared information on the reform of its

procurement system to ensure that bidding procedures guaranteed competition,

transparency and equal treatment, increased savings and efficiency and prevented

irregularities. A public procurement institution considered complaints regarding the bidding

procedures and played a crucial role in safeguarding the constitutional principles of the

right to a remedy and equality before the law. Another measure concerned the regulation of

asset declarations and the prohibition on receiving gifts.

86. In Turkey, the right to information was recognized as a constitutional right. A

communications centre had been established as a further step to ensure transparency and

integrity. The Government also shared information on the protection of whistle-blowers.

87. The Government highlighted the role of the ombudsman institution in the promotion

and protection of human rights as well as in the fight against corruption, in particular the

complaints procedure. Another important institution was the ethics board of public servants,

which conducted investigations into misconduct and reviewed asset declarations.

Turkmenistan

88. The Government of Turkmenistan emphasized that corruption was a major obstacle

to the realization of human rights and disregarded basic human rights principles, namely

transparency, accountability, non-discrimination and participation. Compliance with those

principles was the most effective means to combat corruption.

89. The main principles underpinning the efforts to combat corruption in Turkmenistan

were recognition and enforcement of the rights and freedoms of citizens, in particular to be

protected from corruption; protection of the rights and interests of legal entities and

individuals; equality before the law; the protection of persons assisting in the fight against

corruption, transparency and openness of public authorities; control by the society and the

State; and the use of integrated political, legal, advocacy and socioeconomic measures.

90. The Government drew attention to the importance of fostering a climate of

intolerance of corruption. It also drew attention to the qualification requirements for

citizens applying for public service positions and to the grounds for dismissal and

promotion.

91. It highlighted the importance of victim and witness protection as well as the

importance of freedom of the media and the special role of the prosecutor.

Ukraine

92. The Government of Ukraine highlighted the transnational character of corruption

and the consequent need for international cooperation. It also highlighted the importance of

restoring the rights of citizens who were victims of corruption.

93. The Government drew particular attention to open and transparent competitive

recruitment to the national anti-corruption bodies, their independent status and the

necessary safeguards.

III. Contributions received from national human rights institutions

Danish Institute for Human Rights

94. The Danish Institute for Human Rights drew attention to the importance of whistle-

blower protection, in both the public and the private sector. Effective protection, including

the possibility for anonymous reporting without fear of repercussions or reprisals,

encouraged employees to exercise their right to freedom of expression and report

suspicious conduct. The Institute expressed the view that in Denmark safeguards against

corruption were firmly grounded in integrity. The Institute also drew attention to the

importance of protecting the rights of the persons accused of corruption.

National Human Rights Commission of Mexico

95. The National Human Rights Commission of Mexico shared information on its

internal control and monitoring system and on its declarations of assets and interests.

96. The Commission also drew attention to the National Human Rights Programme,

which required the establishment of mechanisms for accountability and access to

information. The programme additionally required ensuring the institutionalization of a

human rights approach in the programmes of the Federal Public Administration, including

the programme to fight corruption. The Commission shared detailed information on the

anti-corruption legal framework, including with regard to access to information,

transparency, declaration of assets and interests, codes of conduct and the institutional set-

up for coordination.

Office of the Commissioner for Fundamental Rights of Hungary

97. The Office of the Commissioner for Fundamental Rights of Hungary shared

information on its power to receive individual complaints and notifications of general

interest, the latter defined as a notification that drew attention to circumstances whose

remedy or termination was necessary in the interest of the community or society as a whole.

Whistle-blowers could submit such notifications via a protected electronic system and

request that their personal data be accessible only to the Office. The Commissioner could

inquire into the handling of notifications by public bodies upon request from individuals or

on its own motion. The Office had the power to request documents and information, hold

hearings and in situ examinations and address recommendations to the body that was the

subject of the inquiry or its supervisory organ.

98. The Office participated in the anti-corruption and integrity working group. In

relation to the operation of the whistle-blower protection programme, the Office had

concluded a cooperation agreement with the National Protection Service under the Ministry

of the Interior. The Office also participated in education, training and awareness-raising

activities on the prevention of corruption and integrity.

Office of the Commissioner for Human Rights (Ombudsman) of the Republic

of Azerbaijan

99. The Ombudsman’s Office of Azerbaijan reported that it had a mandate to investigate

corruption as a cause of human rights violations, in cooperation with relevant State

authorities, with a view to preventing and suppressing corruption and to ensure redress to

victims of corruption. The Office carried out awareness-raising activities to draw attention

to the importance of preventing corruption as a threat to human rights.

100. The Office had the power to receive individual complaints. In the event of a

complaint of corruption, the Office would inform the competent public institution, such as

the Office of the Prosecutor General, and request it to take the necessary action. The

Ombudsman had made several requests to the Judicial-Legal Council in cases of abuse of

power by judges.

101. The Office submitted observations to the parliament on the draft Code of Conduct of

Civil Servants and the Law on Preventing Conflict of Interests of State Officials on their

compatibility with human rights.

102. The Office appointed a special adviser on corruption in order to strengthen its

cooperation with anti-corruption agencies. During visits to places of detention, the Office

informed detainees about the anti-corruption legal framework and the competence of the

Ombudsman.

103. A representative of the Office participated as a member of the Commission on Anti-

Corruption in the elaboration of anti-corruption strategies and programmes. The Office also

cooperated with the Council of Europe Group of States against Corruption and the national

chapter of Transparency International.

Office of the Ombudsman of Peru

104. The Office of the Ombudsman of Peru analysed sectors at particular risk of

corruption and published several reports in that regard. The report on education showed that

corruption affected the core content of the right to education and its essential features

(availability, accessibility, acceptability and adaptability). The report identified three

conditions that enabled acts of corruption, namely inefficient mechanisms of control and

sanction; weak mechanisms of transparency and limited access to information; and weak

citizen control. The areas most frequently affected by corruption and the main risk factors

included impunity, illicit charges and fees, selling of grades in academic institutions,

nepotism, irregularities in administrative procedures, irregularities in the appointment and

movement of personnel, lack of transparency and irregularities in the management of

educational material.

105. The report on social programmes evaluated in particular a programme under which

direct financial support was provided to the poor. Acts of corruption occurred during the

different phases of the programme. Contributing factors included lack of effective control

mechanisms.

106. Another report contained a chapter on corruption in the penitentiary system. The

report concluded that corruption constituted a factor that affected not only the institution

but also citizens’ security and the principle of authority.

107. Finally, the Office published a report analysing charges of graft and collusion. The

study identified a range of challenges in investigating corruption, including the need for

prosecutors with specialized capacity and adequate budgets.

Office of the Parliamentary Ombudsman of Finland

108. The Office of the Parliamentary Ombudsman of Finland reported that it had the

power to investigate complaints lodged by individual persons, associations, enterprises or

litigating lawyers or to instigate proceedings on its own motion. The Office had wide-

ranging powers to obtain information, to order that the police carry out a preliminary

investigation and to order criminal charges to be brought against public officials.

109. The Office received only a very small number of individual complaints of suspected

or alleged corruption. It included in its submission four cases, all related to the acceptance

of gifts and hospitality by public officials.

South African Human Rights Commission

110. The South African Human Rights Commission reported that it considered the right

of access to information to be a key element in the fight against corruption. The

Commission was mandated to monitor compliance with the Promotion of Access to

Information Act and established a dedicated unit for that purpose. The unit handled

complaints regarding access to information, which involved issues of whistle-blowing and

corruption. The Commission investigated allegations and took steps to remedy human

rights violations, including by approaching the courts and preparing reports of adverse

findings.

111. The Commission also engaged with the African Commission on Human and

Peoples’ Rights in the drafting of the Model Law of Access to Information for Africa.

112. The Commission highlighted the importance of the principles of open contracting in

the tender and award of contracts by Government and private companies, as corruption

often occurred as a result of the maladministration of contracts. That was particularly

important in instances where private companies were contracted to fulfil basic services and

socioeconomic rights.

113. A complaint to the Commission concerning corruption could be referred to another

body that was more suitable for dealing with the issue, such as the Office of the Public

Prosecutor, the Special Investigation Unit or the Asset Forfeiture Unit. In some instances,

the Commission worked together with another body in the investigation of a complaint

where there was a clear overlap with human rights concerns.

114. The Commission drew attention to a landmark judgment of the Constitutional Court

in which the Court clearly articulated the relationship between corruption and the non-

realization of human rights. The Court observed that corruption undermined the

constitutional commitment to human dignity, the achievement of equality and the

advancement of human rights and freedoms. It concluded that courts dealing with

corruption cases must send out an unequivocal message that corruption would not be

tolerated and that punishment will be appropriately severe.

115. The Commission was also mandated to monitor the implementation of the National

Development Plan: Vision 2030, inter alia, with a view to assessing the extent to which the

anti-corruption strategies employed in the plan could serve to promote human rights.

116. The Commission also provided comments on the bill to amend the Protected

Disclosures Act, in the context of ensuring compliance with the rights to freedom of

expression, access to information, freedom and security of the person, fair labour practices

and just administrative action.

IV. Contributions received from civil society organizations and academia

Al Khair Society for Relief and Charity Work

117. The Al Khair Society for Relief and Charity Work highlighted the importance of

training to improve the technical skills of the relevant authorities involved in the fight

against corruption. In this regard, it drew attention to cooperation with specialized

institutions such as the Basel Institute on Governance and to the principles of transparency

and accountability, the importance of adequate salaries in the public service and the

importance of disseminating information on corruption cases.

Asabe Shehu Yar’ Adua

118. Asabe Shehu Yar’ Adua stressed that the impact of corruption on human rights was

not confined within national borders. In its view, corruption weakened the accountability

structures responsible for protecting human rights. The organization observed that

corruption had a negative impact in particular on the disadvantaged segments of the

population. It suggested that putting in place procedures for claiming human rights was an

effective mechanism for combating corruption as human rights principles and institutions

were essential components of successful and sustainable anti-corruption strategies. It also

drew attention to the possibility of using regional and international human rights

monitoring mechanisms to combat corruption. It suggested establishing joint committees of

anti-corruption agencies and national human rights institutions.

Brazilian Association of Women in Defence of Children and Adolescents

119. The Brazilian Association of Women in Defence of Children and Adolescents

highlighted the importance of transparency in fiscal management, in particular the legal

obligation to disclose public spending and all financial transactions, which it considered to

be the main tool for combating corruption. It drew attention to the Clean Record Law,

which disqualified politicians who were convicted of violations of electoral statutes or

crimes involving the use of public funds, including corruption, from running for office for

at least eight years. It also drew attention to the corruption-specific recommendations

contained in International Organization for Standardization (ISO) 26000 on social

responsibility. With regard to the protection of victims and witnesses, the organization

expressed concern over lack of commitment and budgets for the implementation of the

various programmes.

Center for Grassroot Development and Crime Prevention

120. The Center for Grassroot Development and Crime Prevention drew attention to the

negative impact of corruption on the enjoyment of human rights, in particular the right to

health. The organization recommended, inter alia, imposing severe penalties for crimes of

corruption, enforcing laws that aimed to prevent and suppress corruption, strengthening

witness protection and providing incentives to change attitudes and behaviour with regard

to corruption.

International Police Executive Symposium

121. The International Police Executive Symposium suggested distinguishing between

petty and grand corruption. The former tended to be pervasive, involving small amounts of

money, and was best tackled by addressing the economic conditions and culture of work of

public servants. The latter involved large amounts, often saved in bank accounts or invested

in developed countries, and was best tackled by preventing the corruptor from enjoying the

benefits. With regard to police corruption, the organization recommended that efforts be

made to professionalize police forces.

National Association for the Fight against Corruption

122. The National Association for the Fight against Corruption drew attention to the

direct and indirect negative consequences of corruption on the human rights of individuals,

groups and society.

123. The organization supported complementing traditional anti-corruption efforts, which

focused on suppression and to a lesser degree on prevention and reparation, by a human

rights-based approach, which was victim-centred.

124. The organization drew attention to the similarities of anti-corruption principles

(participation, transparency, access to information, accountability) and human, primarily

civil and political, rights (freedom of expression and the media, including the right of

access to information, freedom of assembly and association, independence of the judiciary,

equality and non-discrimination and the right to strike).

125. The organization highlighted the importance for national human rights institutions

and anti-corruption bodies to be independent and have broad powers. It also highlighted the

importance of civil society space in the fight against corruption, as well as the role of

supreme audit institutions.

New Line Social Organization

126. The New Line Social Organization highlighted the negative impact of corruption on

development and human rights. It called for human rights education and awareness-raising,

independent anti-corruption bodies, development, creation of employment opportunities,

security and democracy as means to combat corruption.

Niger Delta Budget Monitoring Group

127. The Niger Delta Budget Monitoring Group highlighted the importance of an

independent judiciary and of law enforcement for the protection against corruption. The

organization recommended the adoption of a memorandum of understanding between the

National Human Rights Commission of Nigeria and the national anti-corruption bodies. It

also recommended elaborating a whistle-blower protection law.

Washington and Lee University School of Law

128. The Washington and Lee University School of Law highlighted the importance of

human rights and anti-corruption education, which sensitized students to the effects of

corruption, prepared them to enter the workforce with an understanding of ways and means

to identify and combat corruption and could be an effective tool to combat corruption. The

law school was implementing a joint anti-corruption and human rights programme with the

Law School of the University of Liberia to share students’ knowledge of anti-corruption

and human rights with the community and local organizations.128.

V. Analysis and conclusions

129. Respondents shared the view that corruption has a negative impact on the

enjoyment of human rights and can lead to or directly constitute human rights

violations. Economically and politically marginalized groups were at particular risk of

the adverse effects of corruption. Respondents stressed that corruption undermined

the capacity of States to protect and fulfil their human rights obligations, more

specifically the obligation to take steps, to the maximum of available resources, with a

view to achieving progressively the full realization of economic, social and cultural

rights. They further emphasized that corruption could lead to discrimination and

violated the principle of equality. Therefore, States were duty bound to combat

corruption.

130. Several respondents highlighted the importance of a human rights-based

approach to combating corruption. Respondents argued that a human rights-based

approach would complement the mainstream, or traditional, anti-corruption efforts,

which tended to focus on the perpetrator, individual criminal responsibility and

suppression. The human rights-based approach, on the other hand, focused on the

victim, on State responsibility and on prevention and redress.

131. Several respondents drew attention to the correspondence of anti-corruption

and human rights principles. Respondents also stressed the instrumental role of

human rights for preventing and combating corruption. They drew attention, in

particular, to freedom of expression, the right of access to information, freedom of the

media, freedom of assembly and association, and protection of victims and witnesses,

whistle-blowers, reporting persons, anti-corruption activists, investigative journalists,

prosecutors, lawyers and judges. Respondents also emphasized the importance of

education, including human rights and anti-corruption education, and training to

prevent corruption.

132. Respondents underlined the importance of an independent and impartial

judiciary.

133. Respondents also stressed the importance of safeguarding human rights in

efforts to combat corruption. They explicitly mentioned the definition of specific

corruption crimes, the crime of illicit enrichment, special investigative techniques,

prosecution and judicial proceedings, and the recovery of stolen assets and third-party

rights.

134. Respondents shared examples of work undertaken by national human rights

institutions and their cooperation with anti-corruption authorities. National human

rights institutions could play an important role by awareness-raising and educational

and training activities, through their complaint handling procedure, through

investigations and analysis, and by commenting on draft laws or proposing

amendments to existing laws.

135. Several respondents highlighted the opportunities provided by information and

communications technology to strengthen transparency and accountability, to prevent

and detect corruption, to investigate corruption and to protect victims, witnesses and

whistle-blowers.

136. Respondents recommended using indicators for measuring the negative impact

of corruption on the enjoyment of human rights.

137. References to human rights in self-assessment of implementation of the United

Nations Convention against Corruption concerned the importance of human rights

protection in the context of extradition requests.

138. Respondents also highlighted the transnational character of corruption and the

consequential need for international cooperation to prevent and suppress corruption

and to recover illicit assets.