A/HRC/RES/22/12
1.
Takes note with appreciation of the comprehensive study prepared by the
United Nations High Commissioner for Human Rights2 and the interim report 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;1
2.
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;
3.
Asserts the urgent need to repatriate illicit funds to the countries of origin
without conditionalities, in accordance with the United Nations Convention against
Corruption and in line with 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 urges all States to step up their efforts to trace, freeze and recover
those funds;
4.
Acknowledges the importance of compliance with international human rights
law in relation to the repatriation of funds of illicit origin by, inter alia, promoting human
rights-based policy coherence in the deliberations and actions by States Members of the
Human Rights Council and in the intergovernmental process of implementing the United
Nations Convention against Corruption;
5.
Invites the Conference of the States Parties to the United Nations Convention
against Corruption to consider ways of adopting a human rights-based approach in the
implementation of the Convention, including when dealing with the repatriation of funds of
illicit origin, and appreciates the continued efforts of the Open-ended Intergovernmental
Working Group on Asset Recovery of the Conference to assist States parties in fulfilling
their obligations under the Convention to prevent, detect and deter in a more effective
manner the international transfer of funds of illicit origin and to strengthen international
cooperation in asset recovery, bearing in mind that, regardless of the capacities, resources
and willingness of the requesting State’s institutions and authorities, there is a victim
society that is suffering the consequences of the transfer of those funds;
6.
Welcomes the decision made at the fourth session of the Conference of the
States Parties to the United Nations Convention against Corruption to convene open-ended
intergovernmental expert meetings on international cooperation to advise and assist States
with regard to extradition and mutual legal assistance, and notes with appreciation the
Stolen Assets Recovery Initiative of the World Bank Group and the United Nations Office
on Drugs and Crime, and encourages coordination among existing initiatives;
7.
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, and
expresses deep concern that such outflows, as estimated by the United Nations Development
Programme, exceed the total official development assistance received by many of the least
developed countries and, in some cases, surpass their debt service payments;
8.
Underscores that the repatriation of funds of illicit origin would provide
States that have undergone regime change with a further opportunity to improve the
realization of economic, social and cultural rights and to fulfil their obligation to meet the
legitimate aspirations of their peoples;
9.
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;
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