A/HRC/22/42
States, United Nations bodies and agencies, as well as other international and regional
entities engaged in addressing transfers of illicit origin or supporting the recovery and
repatriation of stolen assets. In particular, he intends to convene an expert consultation on
the subject bringing together experts from all regions. In this regard, he has identified a core
group of experts. The Independent Expert therefore requests the Council to consider
allocating sufficient funds for this activity which he considers an important part of his
efforts to carry out the mandate set on in resolution 19/38. 65
58.
The Independent Expert hopes, resources permitting, to convene the expert meeting
and finalize the report for submission to the Council at the earliest possible time.
VI. Conclusion
59.
The magnitude and growth of illicit funds generated by crime, corruption,
embezzlement and tax evasion, as well as their socioeconomic implications, underscore
the need for robust policy responses that will not only curtail these flows but also
ensure that countries of origin sufficient are able to use the maximum available
resources for the realization of economic, social and cultural rights in accordance with
the obligations assumed under the relevant international human rights instruments.
60.
In order to develop effective strategies for tackling the problem of illicit funds
and ensuring their repatriation to the countries of origin, it is important to
understand the methods and channels of illicit financial flows, which countries such
funds originate from and where they are held, as well as existing legal instruments
and other initiatives designed to curb these flows. This interim report, submitted
pursuant to Human Rights Council resolution 19/38 has provided an overview of these
issues. The final report of the Independent Expert on this issue will discuss in detail
the impact of non-repatriation of illicit funds on development and the realization of
human rights and will offer recommendations concerning strategies to combat illicit
financial flows so as to ensure the application of the maximum available resources to
the full realization of all human rights.
61.
The Independent Expert looks forward to continuing his consultations and his
dialogue with all stakeholders in order to generate sufficient information for a
comprehensive study on this important subject as requested by the Council.
65
20
In September 2012, the Independent Expert arranged a meeting of experts on the issue of illicit funds
and human rights to generate information for the study requested in resolution 19/38, reflecting
regional experiences concerning the impact of the non-repatriation of illicit funds to the countries of
origin on the realization of human rights in such countries. However, the meeting was cancelled due
to, inter alia, the insufficient resources OHCHR had been able to identify for it. It appears that the
lack of an explicit request, in resolution 19/38, for such a consultation led to the statement of
programme budget implications arising from the draft resolution not providing for such activity.
According to the statement of programme budget implications, the preparation of the study requested
in resolution 19/38 required only a three-month consultancy “to assist the Independent Expert with
technical aspects of the research” and “conference services for translation of the study”.