A/HRC/RES/28/5
realization of economic, social and cultural rights and to fulfil their obligation to meet the
legitimate aspirations of their peoples;
12.
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;
13.
Welcomes recent 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 repatriation of funds of illicit
origin, and calls for more robust regulations in this regard, including through the
implementation of policies aimed at reducing the flow of funds of illicit origin, ensuring
their repatriation and the provision of technical assistance to developing countries;
14.
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;
15.
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, and to acknowledge that, in fulfilling their obligations in
this regard under the United Nations Convention against Corruption, they also have a
responsibility towards societies affected by corruption to make every effort to achieve the
repatriation of funds of illicit origin to the countries of origin 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 anti-corruption agencies, law enforcement agencies and
financial intelligence units, 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;
16.
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;
17.
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;
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