A/HRC/RES/19/38
Reaffirming that all peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of international
economic cooperation, based upon the principle of mutual benefit, and international law,
and that in no case may a people be deprived of its own means of subsistence,
Recognizing that corruption is a serious barrier to effective resource mobilization
and allocation and diverts resources away from activities that are vital for poverty
eradication, the fight against hunger, and economic and sustainable development,
Alarmed at cases of corruption that involve vast quantities of assets, which may
constitute a substantial proportion of the resources of States, the deprivation of which
threatens the political stability and sustainable development of those States and has a
negative impact on the application by States of the maximum available resources to the full
realization of all human rights for all,
Deeply concerned that the enjoyment of human rights, be they economic, social and
cultural, or civil and political, in particular the right to development, is seriously
undermined by the phenomenon of corruption and the transfer of funds of illicit origin,
which may endanger the stability and security of societies, undermine the values of
democracy and morality and jeopardize social, economic and political development,
especially when an inadequate national and international response leads to impunity,
Recalling the United Nations Convention against Corruption, and welcoming the
growing number of States parties to it,
Taking note of the work carried out by different United Nations bodies, including
the United Nations Office on Drugs and Crime, as well as international and regional
organizations, in preventing and combating all forms of corruption,
Recognizing that supportive domestic legal systems are essential in preventing and
combating corrupt practices and the transfer of assets of illicit origin and in returning such
assets, and recalling that the fight against all forms of corruption requires strong institutions
at all levels, including at the local level, able to take efficient preventive and law
enforcement measures consistent with the United Nations Convention against Corruption,
in particular chapters II and III thereof,
Appreciating the continued efforts of the Conference of the States Parties to the
United Nations Convention against Corruption, through its various intergovernmental
working groups, to overview the review process of the implementation of the Convention,
to advise on the provision of technical assistance to building institutional and human
capacity in States parties for the prevention of corruption, and to enhance international
cooperation, including in the repatriation of funds of illicit origin,
Affirming the responsibilities of requesting and requested States in the repatriation of
funds of illicit origin, cognizant that countries of origin must seek repatriation as part of
their duty to ensure the application of the maximum available resources to the full
realization of all human rights for all, including the right to development, address human
rights violations and combat impunity, and that recipient countries, on the other hand, have
a duty to assist and facilitate repatriation as part of their obligation of international
cooperation and assistance under chapters IV and V of the United Nations Convention
against Corruption and in the field of human rights, 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,
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
2