A/HRC/25/52
I. Introduction
1.
In its resolution 19/38, the Human Rights Council requested 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
to prepare a comprehensive study on the negative impact of the non-repatriation of funds of
illicit origin to the countries of origin on the application by States of the maximum
available resources to the full realization of all human rights, in particular economic, social
and cultural rights, with special attention paid to developing countries and countries with
economies in transition burdened by foreign debt, and to present a report thereon to the
Council at its twenty-second session.
2.
In follow-up to that request, the Independent Expert presented an interim report on
the subject to the Human Rights Council in March 2013 (A/HRC/22/42 and Corr.1), in
which he highlighted the scale of the problem, provided an overview of existing initiatives
to curb illicit financial flows and briefly highlighted the impact of non-repatriation of illicit
funds on the realization of human rights in the countries of origin.
3.
In its resolution 22/12, the Human Rights Council requested the United Nations
High Commissioner for Human Rights to assist the Independent Expert in convening an
expert consultation on the topic. The Council also requested the Independent Expert to
present a comprehensive study to it at its twenty-fifth session. The consultation, which
brought together experts in human rights, anti-money laundering, trade and tax issues, as
well as representatives of States, took place in Geneva on 20 and 21 June 2013. Participants
shared their perspectives on the following key issues: (a) the impact of illicit financial
outflows; (b) the main initiatives that had been taken in countries of origin and destination
to return stolen assets and the main problems encountered in that regard; and (c) the main
human rights issues relating to the outflow, seizure, freezing and return of stolen assets.
4.
The Independent Expert is grateful to all the States that participated in the
consultation, and to the Governments of Guatemala and Switzerland, in particular, for
sharing information on their national and international efforts to address the problem of
illicit financial flows. He also thanks the individual experts for sharing their perspectives on
the content of the final report, and the Stolen Asset Recovery Initiative for its comments on
his interim report.
5.
The present report builds on the interim report. In order to avoid duplication, the
present report focuses on the impact of the non-repatriation of illicit funds on the capacity
of the States of origin to realize human rights and the importance of international assistance
and cooperation in addressing the problem of illicit financial flows. The report does not
attempt to be exhaustive in covering all possible types of impact of illicit funds.
6.
In its resolution 19/38, the Human Rights Council refers to funds of illicit origin
related to corruption. While corruption represents an important drain on the resources
available to States for investment in infrastructure and social programmes, it is only a small
component of the total amount of funds lost.1 Furthermore, as noted in the interim report of
the Independent Expert, those outflows stem from corruption, embezzlement and tax
1
4
See, for example, Raymond W. Baker, Capitalism���s Achilles Heel: Dirty Money and How to Renew
the Free-Market System (Hoboken, John Wiley and Sons, Inc., 2005), pp. 168–169. The author
estimates that less than 3 per cent of illicit funds consists of the proceeds of bribery and theft by
Government officials.