A/HRC/28/60
IV. International initiatives to curb illicit financial flows
46.
Before discussing the importance of curbing illicit financial flows in the context of
the post-2015 development agenda, the Independent Expert wishes to provide a brief
overview of recent international initiatives, updating information contained in previous
reports (A/HRC/22/42 and A/HRC/25/52).
47.
The Convention against Corruption constitutes a comprehensive point of reference
for anti-corruption laws, institutions and actions of States parties and recognizes the return
of illicit funds as one of its fundamental principles in article 57, paragraph 3 (a). In
article 52 of the Convention each State party is enjoined to “conduct enhanced scrutiny of
accounts sought or maintained by or on behalf of individuals who are, or have been,
entrusted with prominent public functions and their family members and close associates”.
48.
The Independent Expert welcomes the fact that Germany, Oman, the State of
Palestine and the Sudan ratified the Convention in 2014, bringing the number of States
parties to 173 (as of 31 December 2014). He calls upon those States that have not yet
signed or ratified the Convention to do so at their earliest opportunity.
49.
The Conference of States Parties to the United Nations Convention against
Corruption has set up the open-ended intergovernmental working group on asset recovery.
Since its first session in 2006, the working group has convened eight times and discussed
during its most recent meeting the prevention and detection of transfer of the proceeds of
crime, and measures for direct recovery of property under articles 52 and 53 of the
Convention.40
50.
On 18 December 2014, the General Assembly adopted resolution 69/199, in which it
underlined the need to redouble efforts to assist in the recovery of stolen assets in order to
preserve stability and sustainable development and for transparency in financial institutions.
The General Assembly called upon Member States to continue to work with all
stakeholders in international and domestic financial markets to deny safe haven to assets
acquired illicitly by individuals engaged in corruption and urged States to promote the
active participation of individuals and groups outside the public sector, such as civil
society, non-governmental organizations and community-based organizations, in the
prevention of, and the fight against, corruption. The General Assembly acknowledged the
vital importance of ensuring the independence and effectiveness of authorities charged with
investigating and prosecuting crimes of corruption and of recovering the proceeds of such
crimes and the fundamental principles of due process of law in criminal proceedings and in
civil or administrative proceedings to adjudicate property rights. In addition, in resolution
69/199 the Assembly expressed concern about the negative impact of widespread
corruption on the enjoyment of human rights, recognizing that corruption constitutes one of
the obstacles to the effective promotion and protection of human rights, as well as to the
achievement of the Millennium Development Goals and other internationally agreed
development goals.
51.
StAR, jointly launched in 2007 by UNODC and the World Bank, supports
international efforts to end safe havens for corrupt funds. StAR works with developing
countries and financial centres to prevent the laundering of the proceeds of corruption and
to facilitate more systematic and timely return of stolen assets. In recent years StAR has
continued providing training, capacity-building and technical assistance to countries that
are operationally engaged in asset recovery cases. Its corruption case database includes, as
of 31 December 2014, information on 748 transborder corruption cases.
40
CAC/COSP/WG.2/2014/4, paras. 40–58.
17