A/HRC/25/52
mechanisms.35 Without such mechanisms, recovered assets can be misappropriated or
mismanaged.
32.
Moreover, since recovered assets are not foreseen or public income included in the
budget, States must allocate them in accordance with their obligation to devote the
maximum of available resources to the fulfilment of economic, social and cultural rights
(A/HRC/19/42 and Corr.1, para. 28).
33.
During the expert consultation convened by the Independent Expert in June 2013, a
number of States emphasized that where requested States return funds identified as funds of
illicit origin to the country of origin, they should do so without any conditions. The
Independent Expert fully supports that position. The use of returned assets is a matter for
the sovereign decision of the country that recovers its stolen assets. A State which does not
own the assets in question cannot claim the right to attach conditions as to their use upon
return: this would be inconsistent with the right of peoples to self-determination, which
includes the inalienable right to full sovereignty over all their natural wealth and
resources.36
IV.
The importance of international assistance and cooperation
34.
Illicit financial flows are a global problem, but success in countering them requires
concerted efforts from the international community, complemented by appropriate domestic
measures to address corruption, money laundering, corporate tax evasion and avoidance
schemes and to improve investment codes. That implies a commitment by all States to the
principle of international assistance and cooperation.
A.
The obligation of international assistance and cooperation
35.
Under international law, States have an obligation of international assistance and
cooperation to support the realization of human rights.37 Article 2, paragraph 1 of the
International Covenant on Economic, Social and Cultural Rights specifically refers to an
obligation to take steps, including through international assistance and cooperation, to
realize the rights enshrined in the Covenant. It thus clearly affirms an obligation to engage.
Similarly, the Convention on the Rights of the Child enjoins States to take measures to
implement the economic, social and cultural rights in the treaty to the maximum extent of
their available resources and, where needed, within the framework of international
cooperation (art. 4).38
36.
The Declaration on the Right to Development also embodies the principle of
international cooperation. Under article 3, paragraph 1, it indicates that States have the
primary responsibility for the creation of national and international conditions favourable to
the realization of the right to development. According to the high-level task force on the
implementation of the right to development, “the responsibility for the creation of this
enabling environment encompasses three main levels: (a) States acting collectively in
35
36
37
38
See, for example, Jimu, “Managing proceeds of asset recovery”, p. 15.
Declaration on the Right to Development, art. 1, para. 2.
See also the Universal Declaration of Human Rights (art. 28); the Declaration on the Right to
Development (art. 3, para. 3); and the International Covenant on Economic, Social and Cultural
Rights (arts. 22 and 23).
Articles 24, paragraph 4, and 28, paragraph 3, of the Convention require States to promote and
encourage international cooperation in regard to the rights to health and to education, taking particular
account of the needs of developing countries.
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