A/HRC/25/52
global and regional partnerships; (b) States acting individually as they adopt and implement
policies that affect persons not strictly within their jurisdiction; and (c) States acting
individually as they formulate national development policies and programmes affecting
persons within their jurisdiction” (A/HRC/15/WG.2/TF/2/Add.2, annex, p. 8).
37.
The Maastricht Principles on Extraterritorial Obligations of States in the Area of
Economic, Social and Cultural Rights also demand that States take measures either
individually or through international cooperation in order to protect the economic, social
and cultural rights of people within and beyond their territory.39
38.
While article 2, paragraph 1, of the International Covenant on Economic, Social and
Cultural Rights refers in particular to economic and technical assistance and cooperation, it
does not limit the undertaking to such measures. Thus, according to the commentary to the
Maastricht Principles, international assistance must be understood as a component of
international cooperation: “International assistance may, and depending on the
circumstances must, comprise other measures, including provision of information to people
in other countries, or cooperation with their state, for example, to trace stolen public funds
or to cooperate in the adoption of measures to prevent human trafficking.”40
39.
Based on the above interpretation, the Independent Expert considers that the duty of
international assistance and cooperation extends to international cooperation in tackling
factors that facilitate illicit financial flows and in ensuring the recovery of stolen assets.
That is confirmed by the Convention against Corruption and other instruments on
corruption, all of which contain provisions on international cooperation and/or mutual legal
assistance.41
40.
In relation to the activities of non-State actors, in particular transnational
corporations, the Maastricht Principles underscore that States “should cooperate in order to
ensure that any victim of the activities of non-state actors that results in a violation of
economic, social and cultural rights has access to an effective remedy, preferably of a
judicial nature, in order to seek redress”.42 This requirement is of particular relevance to the
issue of addressing the negative impacts of tax evasion and avoidance by transnational
corporations.
41.
Lastly, where States encourage or facilitate illicit financial flows, or deliberately
frustrate the efforts of other States to counter such flows, they could be in breach of their
international human rights obligations, particularly with respect to economic, social and
cultural rights.43 In that regard, it is notable that the Maastricht Principles underline that
States that receive a request to assist or cooperate and are in a position to do so must
consider the request in good faith,44 and respond in a manner consistent with their
39
40
41
42
43
44
12
Principles 23 and 29.
Olivier De Schutter et al., “Commentary to the Maastricht Principles on Extraterritorial Obligations of
States in the Area of Economic, Social and Cultural Rights”, Human Rights Quarterly, vol. 34 (2012),
p. 1157.
Convention against Corruption, chaps. IV and V; African Union Convention on Preventing and
Combating Corruption, art. 19; Inter-American Convention against Corruption, art. XIV; OECD
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions,
arts. 9 and 12.
De Schutter et al., “Commentary to the Maastricht Principles”, p. 1145.
International Bar Association, Tax Abuses, p. 2.
Principle 35. Good faith is a general principle of international law that is implied by article 2,
paragraph 2, of the Charter of the United Nations and enshrined in articles 26 and 31, paragraph 1, of
the Vienna Convention on the Law of Treaties and General Assembly resolution 2625 (XXV).