A/HRC/RES/31/22
Concerned at the difficulties, in particular the practical difficulties, that both
requested and requesting States face in the repatriation of funds of illicit origin, taking into
account the particular importance of the recovery of stolen assets for sustainable
development and stability, and noting the difficulties of providing information establishing
a link between the proceeds of corruption in the requested State and the crime committed in
the requesting State, which in many cases may be difficult to prove, bearing in mind that
everyone charged with a criminal offence has the right to be presumed innocent until
proven guilty according to law,
Recognizing that States continue to face challenges in recovering funds of illicit
origin owing to, inter alia, differences in legal systems, the complexity of
multijurisdictional investigations and prosecutions, lack of familiarity with the mutual legal
assistance procedures of other States and difficulties in identifying the flow of funds of
illicit origin, noting the particular challenges in recovering them in cases involving
individuals who are or have been entrusted with prominent public functions and their
family members and close associates, and recognizing that legal difficulties are often
exacerbated by factual and institutional obstacles,
Asserting 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 urging all
States to step up their efforts to trace, freeze and recover those funds,
Noting the particular concern of developing countries and countries with economies
in transition regarding the need to return assets of illicit origin derived from corruption, in
particular to countries from which they originated, consistent with the principles of the
United Nations Convention against Corruption, in particular chapter V thereto, so as to
enable countries to design and fund development projects in accordance with their national
priorities in view of the importance that such assets can have to their sustainable
development,
1.
Takes note with appreciation of the final study on illicit financial flows,
human rights and the 2030 Agenda for Sustainable Development prepared 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;3
2.
Welcomes the report of the High-level Panel on Illicit Financial Flows from
Africa, which highlighted the gravity of the problem of illicit financial flows in the
continent, ranging from $50 billion to $60 billion a year;
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.
Urges requesting and requested States to cooperate to recover the proceeds of
corruption, in particular, embezzled public funds, stolen assets and unaccounted-for assets,
including those that are found in safe havens, and to demonstrate strong commitment to
ensuring the return or disposal of such assets, including their return to the countries of
origin;
5.
Calls upon all States to consider enacting legislation to address offences by
business enterprises, including multinational corporations, that deprive Governments of
3
4
A/HRC/31/61.