A/HRC/RES/19/38
11.
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;2
12.
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 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;
13.
Requests 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
to present to the Human Rights Council, at its twenty-second session, an in-depth 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;
14.
Requests the High Commissioner to bring the present resolution to the
attention of all Member States and different forums dealing with the issue of the
repatriation of funds of illicit origin within the United Nations system for consideration and
necessary action and coordination as appropriate, particularly within the context of the
Conference of State Parties to the United Nations Convention against Corruption;
item.
15.
Decides to continue its consideration of this matter under the same agenda
55th meeting
23 March 2012
[Adopted by a recorded vote of 35 to 1, with 11 abstentions. The voting was as follows:
In favour:
Angola, Bangladesh, Benin, Botswana, Burkina Faso, Cameroon, Chile,
China, Congo, Costa Rica, Cuba, Djibouti, Ecuador, Guatemala, India,
Indonesia, Jordan, Kuwait, Kyrgyzstan, Libya, Malaysia, Maldives,
Mauritania, Mauritius, Mexico, Nigeria, Peru, Philippines, Qatar, Russian
Federation, Saudi Arabia, Senegal, Thailand, Uganda, Uruguay
Against:
United States of America
Abstaining:
Austria, Belgium, Czech Republic, Hungary, Italy, Norway, Poland,
Republic of Moldova, Romania, Spain, Switzerland]
2
A/HRC/17/31, annex.
5