A/HRC/22/42
and foreign), diversion of property by public officials, money-laundering, trading in
influence, illicit enrichment and concealment of property.
31.
In Europe, there are several legal instruments for fighting corruption. The European
Union instruments are the 1997 Convention on the fight against corruption involving
officials of the European Communities or Officials of Member States of the European
Union and the 2003 Framework Decision 2003/568/JHA on combating corruption in the
private sector. However, both of these instruments are concerned with penalizing and not
preventing corruption. The Council of Europe anti-corruption instruments are the Criminal
Law Convention on Corruption and the Civil Law Convention on Corruption, both of
which were adopted in 1999.
32.
The Inter-American Convention against Corruption, which was adopted by the
Organization of American States in March 1996 and entered into force in March 1997,
covers corruption in the public sector and provides for a comprehensive system of interState monitoring and compliance assessments. Under the Convention, corruption includes
bribery, domestic and foreign; illicit enrichment; money-laundering and concealment of
property.
33.
In May 2012, the G8 adopted an Action Plan on Asset Recovery within the overall
framework of the Deauville Partnership with Arab Countries in Transition. In the plan, G8
countries commit to a comprehensive list of actions that aim to promote cooperation and
case assistance, capacity-building efforts and technical assistance in support of the efforts
of Arab countries in transition in recovering assets diverted by previous regimes. In this
context, an inaugural meeting of the Arab Forum on Asset Recovery was held in Doha from
11 to 13 September 2012 co-organized by Qatar and the United States presidency of the
G8, with technical support from the StAR Initiative.
34.
Also worthy of mention are the Extractive Industries Transparency Initiative and
FATF. The Initiative is a joint effort by civil society, business and Governments, which
seeks to ensure that information on payments to Governments by companies in the
extractive industries sector is published by both companies and Governments.42 It has been
suggested, however, that for the extractive industries initiatives to be more relevant to
efforts to tackle illicit financial flows, their transparency requirements should extend
beyond revenues to licensing, contracts, resources flows and other production factors, as
well as to public expenditure.43 In addition, these initiatives should integrate elements of the
tax justice and tax evasion agendas.
35.
FATF, an intergovernmental body with 36 members representing most major
financial centres, was established by the G7 countries in 1989 to become an international
policymaking body in the fight against money-laundering.44 It develops and promotes
policies to combat “money laundering, terrorist financing and other related threats to the
42
43
44
See http://eiti.org/.
Philippe Le Billon, Extractive sectors and illicit financial flows: What role for revenue governance
initiatives? U4 issue No. 13 (November 2011).
A key problem for FATF in its formative years was to gain international acceptance of its
recommendations beyond the participating FATF States. However, in 1998, the General Assembly, in
its resolution S-20/4 D countering money-laundering, adopted a Political Declaration and Action Plan
in which it identified the FATF recommendations as “the standard” by which “the measures against
money-laundering” adopted by individual States “should be judged”. See also General Assembly
resolution 60/288; Security Council resolution 1617 (2005); and the 2009 Political Declaration and
Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter
the World Drug Problem.
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