A/HRC/RES/19/38
5.
Invites the Conference of the States Parties to the United Nations Convention
against Corruption to consider ways of adopting a human rights-based approach in the
implementation of the Convention, including when dealing with the repatriation of funds of
illicit origin, and appreciates the continued efforts of the Open-ended Intergovernmental
Working Group on Asset Recovery of the Conference to assist States parties in fulfilling
their obligations under the Convention to prevent, detect and deter in a more effective
manner the international transfer of funds of illicit origin and to strengthen international
cooperation in asset recovery, bearing in mind that, regardless of the capacities, resources
and willingness of the requesting State’s institutions and authorities, there is a victim
society that is suffering the consequences of the transfer of those funds;
6.
Welcomes the decision made at the fourth session of the Conference of the
States Parties to the United Nations Convention against Corruption to convene open-ended
intergovernmental expert meetings on international cooperation to advise and assist States
with regard to extradition and mutual legal assistance, and notes with appreciation the
Stolen Assets Recovery Initiative of the World Bank Group and the United Nations Office
on Drugs and Crime, and encourages coordination among existing initiatives;
7.
Calls for further international cooperation, inter alia, through the United
Nations system, in support of national, subregional and regional efforts to prevent and
combat corruption practices and the transfer of assets of illicit origin, consistent with the
principles of the United Nations Convention against Corruption, and, in this regard,
encourages close cooperation at the national and international levels between anticorruption agencies, law enforcement agencies and financial intelligence units;
8.
Calls upon all States requested to repatriate funds of illicit origin to fully
uphold their commitment to make the fight against corruption a priority at all levels and to
curb the illicit transfer of funds, and to acknowledge that, in fulfilling their obligations in
this regard under the United Nations Convention against Corruption, they also have a
responsibility towards societies affected by corruption to make every effort to achieve the
repatriation of funds of illicit origin to the countries of origin in order to diminish the
negative impact of non-repatriation, including on the enjoyment of human rights, in
particular economic, social and cultural rights in the countries of origin by, inter alia,
lowering the barriers imposed on requiring jurisdictions at the tracing stage and enhancing
cooperation in this regard between anti-corruption agencies, law enforcement agencies and
financial intelligence units, in particular taking into account the risks of dissipation of those
funds, and, where appropriate, by delinking confiscation measures from a requirement of
conviction in the country of origin;
9.
Also calls upon all States requesting the repatriation of funds of illicit origin
to fully uphold their commitment to make the fight against corruption a priority at all levels
and to curb the illicit transfer of funds, and to apply the principles of accountability,
transparency and participation in the decision-making process regarding the allocation of
repatriated funds to the realization of economic, social and cultural rights in order to
improve prevention and detection procedures, correct identified weaknesses or
mismanagement, prevent impunity, provide effective remedies directed at creating
conditions for avoiding new human rights violations and improve the overall administration
of justice;
10.
Reaffirms that it is the obligation of the State to investigate and prosecute
corruption, calls upon all States to strengthen criminal proceedings directed at freezing or
restraining funds of illicit origin, and encourages requesting States to ensure that adequate
national investigative procedures have been initiated and substantiated for the purpose of
presenting mutual legal assistance requests and, in this context, encourages requested States
to provide, when appropriate, information on legal frameworks and procedures to the
requesting State;
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