A/HRC/RES/19/38
a link between the proceeds of corruption in the requested State and the crime committed in
the requesting State, which in many cases may be difficult to prove, bearing in mind that
everyone charged with a criminal offence has the right to be presumed innocent until
proven guilty according to law,
Acknowledging the progress made towards the implementation of the United Nations
Convention against Corruption, while recognizing that States continue to face challenges in
recovering funds of illicit origin owing to, inter alia, differences in legal systems, the
complexity of multijurisdictional investigations and prosecutions, lack of familiarity with
the mutual legal assistance procedures of other States and difficulties in identifying the flow
of funds of illicit origin, and noting the particular challenges in recovering them in cases
involving individuals who are or have been entrusted with prominent public functions and
their family members and close associates, and recognizing also that legal difficulties are
often exacerbated by factual and institutional obstacles,
Noting with deep concern that, as indicated in the comprehensive study prepared by
the United Nations High Commissioner for Human Rights on the negative impact of the
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, 1 only around 2 per cent of
the estimated funds of illicit origin annually leaving the developing world are repatriated to
their countries of origin,
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
United Nations High Commissioner for Human Rights on the negative impact of the nonrepatriation of funds of illicit origin to the countries of origin on the enjoyment of human
rights, in particular economic, social and cultural rights;1
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.
Asserts the urgent need to repatriate illicit funds to the countries of origin
without conditionalities, consistent with the United Nations Convention against Corruption
and in line with the commitment made at the 2005 World Summit 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;
4.
Acknowledges the importance of compliance with international human rights
law in relation to the repatriation of funds of illicit origin through, inter alia, promoting
human rights-based policy coherence in the deliberations and actions by States Members of
the Human Rights Council and in the intergovernmental process of implementing the
United Nations Convention against Corruption;
1
A/HRC/19/42.
3