A/HRC/RES/34/11
24.
Reaffirms that it is the obligation of the State to investigate and prosecute
corruption, calls upon all States to strengthen criminal proceedings directed at freezing or
restraining funds of illicit origin, and encourages requesting States to ensure that adequate
national investigative procedures have been initiated and substantiated for the purpose of
presenting mutual legal assistance requests, and in this context encourages requested States
to provide information on legal frameworks and procedures to the requesting State and to
remove barriers to asset recovery, including by simplifying their legal procedures;
25.
Underlines that there is also a corporate responsibility to comply with and
respect all applicable laws and human rights, and a need for greater access to effective
remedies by victims in order to realize effective prevention of, and remedy for, businessrelated human rights harm, as set out in the Guiding Principles on Business and Human
Rights;
26.
Calls upon requesting and requested States with practical experience in asset
recovery to develop, as appropriate, in cooperation with interested States and providers of
technical assistance, non-binding practical guidelines, such as a step-by-step guide for
efficient asset recovery, with a view to enhancing effective approaches to asset recovery
based on best practices, practical experience and the lessons learned from past cases, while
being mindful to seek to add value by building upon existing work in this area through
innovative and efficient means;
27.
Encourages States parties to consider, where appropriate, and in accordance
with national law, the opportunity of referring to the draft Lausanne guidelines for efficient
recovery of stolen assets in their practice, and any other relevant instruments,
28.
Stresses the need for transparency in financial institutions and effective due
diligence measures to be applied by financial intermediaries, calls upon States to seek
appropriate means in accordance with their international obligations to ensure the
cooperation and responsiveness of financial institutions to foreign requests to freeze and
recover funds of illicit origin and the provision of an efficient mutual legal assistance
regime to States requesting repatriation of those funds, and encourages the promotion of
human and institutional capacity-building in that regard;
29.
Recalls the importance of the Implementation Review Mechanism of the
United Nations Convention against Corruption, and urges States parties to comply with
their obligations in the conduct of country reviews to enhance effective implementation of
the Convention as a preventive measure for the outflow of illicit financial flows;
30.
Welcomes the work undertaken by 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, and
requests him to continue to consider the impact of illicit financial flows on the enjoyment of
human rights as part of the mandate;
31.
Requests the Human Rights Council Advisory Committee to conduct a study,
in continuation of the study requested by the Human Rights Council in its resolution 31/22,
on the possibility of utilizing non-repatriated illicit funds, including through monetization
and/or the establishment of investment funds, while completing the necessary legal
procedures, and in accordance with national priorities, with view to supporting the
achievement of the Goals of the 2030 Agenda for Sustainable Development, contributing to
the enhancement of the promotion of human rights and in accordance with obligations
under international human rights law, and to submit the requested study to the Council at its
thirty-ninth session;
32.
Also requests the Advisory Committee to seek, if necessary, further views
and the input of Member States, relevant international and regional organizations, United
7