A/HRC/RES/25/9
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;
14.
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;
15.
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;
16.
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;
17.
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;4
18.
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;
19.
Recalls the importance of the mechanism for the review of implementation of
the United Nations Convention against Corruption, and urges State parties to comply with
4
6
A/HRC/17/31, annex.