A/HRC/RES/34/11
Recalling that the repatriation of funds of illicit origin requires the close and
transparent coordination and cooperation of requesting and requested States, including
between competent authorities, in particular the judicial authorities, within the shared
responsibility to facilitate efficient international cooperation for the prompt recovery of
assets of illicit origin,
Concerned at the challenges and difficulties that both requested and requesting
States face in the return of the proceeds of crime, owing to, inter alia, differences in legal
systems, the complexity of multijurisdictional investigations and prosecutions, lack of
familiarity with the mutual legal assistance procedures of other States and difficulties in
identifying the flow of funds of illicit origin, noting the particular challenges in recovering
them in cases involving individuals who are or have been entrusted with prominent public
functions and their family members and close associates, and recognizing that legal
difficulties are often exacerbated by factual and institutional obstacles, and noting also the
difficulties of providing information establishing a link between the proceeds of corruption
in the requested State and the crime committed in the requesting State, which in many cases
may be difficult to prove,
Asserting the urgent need to repatriate illicit funds to the countries of origin without
conditionalities, in accordance with the United Nations Convention against Corruption and
the relevant resolutions of the Conference of the State Parties, as well as the commitments
made at the 2005 World Summit and the 2010 high-level plenary meeting of the General
Assembly on the Millennium Development Goals to make the fight against corruption a
priority at all levels and to curb the illicit transfer of funds, and urging all States to step up
their efforts to trace, freeze and recover those funds,
Noting the particular concern of developing countries and countries with economies
in transition regarding the need to return assets of illicit origin derived from corruption, in
particular to countries from which they originated, consistent with the principles of the
United Nations Convention against Corruption, in particular chapter V thereto, so as to
enable countries to design and fund development projects in accordance with their national
priorities in view of the importance that such assets can have to their sustainable
development,
1.
Takes note of the report of the Independent Expert on the effects of foreign
debt and other related international financial obligations of States on the full enjoyment of
all human rights, particularly economic, social and cultural rights, focusing on labour rights
in the context of economic reform and austerity measures, 3 prepared pursuant to Human
Rights council resolution 25/16;
2.
Also takes note of the final study on illicit financial flows, human rights and
the 2030 Agenda for Sustainable Development prepared by the Independent Expert;4
3.
Welcomes the report of the High-level Panel on Illicit Financial Flows from
Africa, which highlighted the gravity of the problem of illicit financial flows in the
continent, ranging from $50 billion to $60 billion a year;
4.
Calls upon all States that have not yet acceded to the United Nations
Convention against Corruption to consider doing so as a matter of priority;
5.
Urges requesting and requested States to cooperate to recover the proceeds of
corruption, in particular embezzled public funds, stolen assets and unaccounted-for assets,
including those that are found in safe havens, and to demonstrate strong commitment to
3
4
4
A/HRC/31/60.
A/HRC/31/61.