A/HRC/RES/28/5
assets and combating all forms of organized crime in the final post-2015 development
agenda;
3.
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;
4.
Calls upon States to consider enacting legislation to address offences by
business enterprises, including multinational corporations, which deprive Governments of
legitimate domestic sources of revenue for the implementation of their development
agendas;
5.
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 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;
6.
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;
7.
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;
8.
Welcomes the decision made at the fifth session of the Conference of the
States Parties to the United Nations Convention against Corruption to renew the mandate of
open-ended intergovernmental expert meetings on international cooperation to advise and
assist States with regard to extradition and mutual legal assistance, 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;
9.
Calls upon States to consider establishing an intergovernmental working
group on the negative impact of illicit financial flows on the enjoyment of human rights,
and to further explore policy responses to the phenomenon;
10.
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;
11.
Underscores that the repatriation of funds of illicit origin would provide
States that have undergone regime change with a further opportunity to improve the
5