Corruption fuels human rights violations, undermining justice, equality, and access to fundamental freedoms, while human rights protections are essential to effectively combat corruption. At our recent event on the sidelines of the IRG, experts discussed the powerful role the United Nations Convention against Corruption (UNCAC) can play in safeguarding human rights and the need for integrated frameworks across UN bodies.
The event was moderated by Betina Pasteknik, co-chair of the UNCAC Coalition Working Group on Human Rights, and panellists included:
- Ambassador Raphael Nägeli, Permanent Representative of Switzerland to the OSCE, United Nations, and other International Organizations in Vienna
- Shervin Majlessi, Chief of the Convention Support Section, Corruption and Economic Crime Branch, UNODC
- Maria Jose Veramendi Villa, Human Rights and Anti-Corruption Officer, OHCHR
- Barbara Fontana, Counselor and Head of the Human Rights Section, Permanent Mission of Switzerland to the UN in Geneva
- Gillian Dell, Global Advocacy Lead, Transparency International
Key Takeaways from the Event:
- Corruption and Human Rights Violations are Interlinked
Corruption fuels human rights abuses by weakening institutions and trust in the rule of law, directly impacting people’s rights to equality, participation, and justice. - UNCAC Provisions Support Human Rights Protections
Key UNCAC articles, especially those addressing access to information, judicial integrity, witness protection, compensation of victims, and international cooperation, uphold rights essential to protecting human rights. - Enhanced Collaboration is Essential for Effective Change
Strengthening ties between Geneva’s human rights bodies and Vienna’s UNCAC forums can foster a holistic approach to preventing corruption and human rights abuses.
UNCAC Provisions That Uphold Human Rights
Four key areas within the UNCAC were mentioned that directly support human rights protections.
- Access to Information
- Relevant Provisions: Articles 10 and 13 of the UNCAC empower the public with the right to seek, receive, and disseminate information about corruption, and they emphasize public participation in decision-making processes. Resolution 10/1 of CoSP10 reinforces this, urging states to actively involve civil society to enhance transparency and accountability.
- Human Rights Linkage: These provisions echo the right to freedom of information and the right to participate in public affairs, which are vital for an informed and engaged citizenship.
- Judicial and Prosecutorial Integrity
- Relevant Provision: Article 11 mandates that states adopt measures to reinforce judicial independence, supporting the right to a fair hearing by an impartial tribunal.
- Human Rights Linkage: The provision ensures the judiciary remains free from corruption, safeguarding due process and trust in legal systems.
- Protection of Witnesses, Experts, Victims, and Whistleblowers
- Relevant Provisions: Articles 32 and 33 of the UNCAC call for protections against retaliation for those who testify or report on corruption.
- Human Rights Linkage: These protections allow individuals to report corruption without fear, essential for transparent governance and justice.
- International Cooperation and Asset Recovery
- Relevant Provisions: The UNCAC’s provisions for international cooperation, asset recovery, and victim compensation underscore the importance of due process and justice for those affected by corruption.
- Human Rights Linkage: These provisions affirm victims’ rights to remedies, addressing the direct human impact of corruption on individuals and communities.
How can human rights bodies leverage the implementation of the UNCAC and advance anti-corruption efforts?
The Human Rights Council has recognized the strong connection between corruption and human rights, publishing four key resolutions addressing this relationship:
- Good Governance and the Enjoyment of Human Rights
- Negative Impact of Non-Repatriation of Funds
- Negative Impact of Corruption on the Enjoyment of Human Rights
- Impact of Corruption on the Delivery of Public Services
Alongside these resolutions, human rights mechanisms have identified corruption as a major obstacle to protecting human rights and have issued targeted recommendations to address it, emphasizing the importance of implementing the UNCAC.
This integrated approach highlights that human rights mechanisms are pivotal in enhancing UNCAC implementation, leveraging anti-corruption measures to fulfill human rights protections globally.
What Actions Are Being Taken?
Civil Society Efforts
Civil society has been key in linking anti-corruption efforts with human rights protections. Transparency International (TI), for instance, has championed research and policy initiatives that highlight grand corruption’s human rights impacts. Other contributions include TI’s role in developing the Bangalore Principles of Judicial Conduct, foundational for both anti-corruption and human rights frameworks. Other NGOs like Article 19 emphasize the right to information as essential for accountability, working to ensure effective public access to UNCAC-related information.
State Efforts
Countries like Switzerland advocate for an integration of human rights and anti-corruption frameworks across UN platforms, fostering collaboration between Geneva and Vienna. Switzerland’s approach emphasizes awareness and accountability, aiming to prevent and combat corruption at both systemic and individual levels by reinforcing human rights protections.
UNODC and OHCHR Initiatives
The UN Office on Drugs and Crime (UNODC) and the Office of the High Commissioner for Human Rights (OHCHR) are actively working together to embed human rights principles into anti-corruption efforts.
Key initiatives include:
Mainstreaming Human Rights in Anti-Corruption Programming
- Integrating human rights considerations into UNODC’s anti-corruption programs across 50 countries in the coming years.
- Developing a brief by 2025 on the connections between human rights and anti-corruption, focusing on due process, witness and whistleblower protection, and freedom of information.
Global Mainstreaming Guide for UNODC Staff
- Creating a guide to help UNODC personnel incorporate human rights principles into all anti-corruption programming.
StAR Initiative User Guide on Asset Recovery
- Publishing a user guide focused on respecting human rights in asset recovery processes, set to release shortly.
Regional Dialogues and Country-Level Work
- Organizing a two-day regional dialogue in Southeast Asia on anti-corruption and human rights, in partnership with OHCHR, bringing together relevant authorities to enhance mutual understanding and shared practices.
- Field projects in countries like Haiti and Guatemala, addressing human rights and corruption together to foster stronger regional impact.
Breaking Silos Between Geneva and Vienna UN Discussions
- Collaborating on initiatives that integrate Geneva’s human rights discussions with Vienna’s anti-corruption focus, creating a unified, human-rights-based approach to combating corruption.
Intersessional Panel on Corruption’s Impact on Human Rights
OHCHR is organizing an intersessional panel, mandated by resolution 5317, on corruption’s impact on human rights, scheduled for November. This aims to support cross-sector discussions on transparency, judicial independence, protection for human rights defenders, and whistleblower protections.