A/HRC/RES/25/9
non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of
human rights, in particular economic, social and cultural rights,2 only about 2 per cent of
the estimated funds of illicit origin annually leaving the developing world are repatriated to
their countries of origin,
Noting with serious concern also that, as highlighted 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 in
his final report,3 while official development assistance remains an important source of
finance for poverty alleviation and development, the substantial amounts lost to illicit
financial flows — estimated at 946.7 billion dollars in 2011 — could help the efforts of
developing countries to mobilize domestic resources for poverty alleviation, development
and realization of human rights, and to reduce their dependence on external financing,
which can lead to the erosion of ownership of national development agendas,
Noting the particular concern of developing countries and countries with economies
in transition regarding the return of 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,
Convinced that the illicit acquisition of personal wealth can be particularly damaging
to democratic institutions, national economies and the rule of law, and stressing that any
resource that the State is deprived of because of corruption has potentially the same
negative effect, regardless of whether it is exported or domestically retained,
1.
Takes note with appreciation of the comprehensive study 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.
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.
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;
4.
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;
5.
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
2
3
4
A/HRC/19/42 and Corr.1.
A/HRC/25/52.