A/HRC/RES/22/12
Assembly on the Millennium Development Goals to make the fight against corruption a
priority at all levels and to curb the illicit transfer of funds,
Concerned at the difficulties, in particular the practical difficulties, that both
requested and requesting States face in the repatriation of funds of illicit origin, taking into
account the particular importance of the recovery of stolen assets for sustainable
development and stability, and noting the difficulties of providing information establishing
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 serious concern that, as highlighted in the interim report by 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,1 despite the scarcity of available public data, most illicit financial outflows
are from developing countries and that, despite increased efforts by the international
community to curb the flow of illicit funds, recent studies indicate that such flows grew in real
terms by an annual average of 8.6 per cent, exceeding the average rate of economic growth in
developing countries, over the period 2001 to 2010, and they estimate that developing
countries lost between seven hundred and eighty three billion United States dollars and one
thousand, one hundred and thirty eight billion United States dollars in illicit financial outflows
in 2010, while, 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,2 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,
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2
A/HRC/22/42.
A/HRC/19/42 and Corr.1.
3