A/HRC/RES/34/11
16.
Realizes that, while illicit financial outflows from the least developed
countries may account for only a small portion of all outflows of funds of illicit origin
worldwide, they have a particularly negative impact on social development and the
realization of social, economic and cultural rights in these countries, given the size of their
economies;
17.
Underscores that the repatriation of funds of illicit origin is key for States
that are undergoing a democratization and reform process and for improving the realization
of economic, social and cultural rights, including the right to development, and for fulfilling
their obligation to meet the legitimate aspirations of their peoples;
18.
Acknowledges the important role that civil society can play in exposing
corruption and drawing attention to the negative impact of the non-repatriation of funds of
illicit origin on the rule of law and the realization of economic, social and cultural rights,
and reiterates in this context the obligation of States to protect reporting persons in
accordance with article 33 of the United Nations Convention against Corruption and the
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;
19.
Welcomes national initiatives to adopt anti-money-laundering legislation as
an important step in the fight against corruption and the willingness demonstrated by some
States to cooperate in facilitating the return of the proceeds of crime, and calls for more
robust regulations in this regard, including through the implementation of policies aimed at
reducing the flow of the proceeds of crime, ensuring their return and the provision of
technical assistance to developing countries;
20.
Encourages all States to share best practices in the freezing and recovery of
funds of illicit origin;
21.
Calls for further international cooperation through, inter alia, the United
Nations system, in support of national, subregional and regional efforts to prevent and
combat corrupt practices and the transfer of assets of illicit origin, in accordance with the
principles of the United Nations Convention against Corruption, and in this regard
encourages close cooperation at the national and international levels between anticorruption agencies, law enforcement agencies and financial intelligence units;
22.
Calls upon all States requested to repatriate funds of illicit origin to uphold
fully their commitment to make the fight against corruption a priority at all levels and to
curb the illicit transfer of funds, in accordance with the United Nations Convention against
Corruption, and to make every effort to achieve the repatriation of funds of illicit origin to
the requesting States in order to diminish the negative impact of non-repatriation, including
on the enjoyment of human rights, in particular economic, social and cultural rights, in the
countries of origin by, inter alia, lowering the barriers imposed on requiring jurisdictions at
the tracing stage and enhancing cooperation in this regard between competent agencies, in
particular taking into account the risks of dissipation of those funds and, where appropriate,
by delinking confiscation measures from a requirement of conviction in the country of
origin;
23.
Calls upon all States requesting the repatriation of funds of illicit origin to
uphold fully their commitment to make the fight against corruption a priority at all levels
and to curb the illicit transfer of funds, and to apply the principles of accountability,
transparency and participation in the decision-making process regarding the allocation of
repatriated funds to the realization of economic, social and cultural rights in order to
improve prevention and detection procedures, correct identified weaknesses or
mismanagement, prevent impunity, provide effective remedies directed at creating
conditions for avoiding new human rights violations and improve the overall administration
of justice;
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