HUMAN RIGHTS AND CORRUPTION Vienna - 6 September 2018

PART I: UN HUMAN RIGHTS COUNCIL

UN Human Rights Council 47 member states Universal Periodic Review Working Group 16 different states reviewed 3 times per annum Advisory Committee 18 experts Special Procedures 44 thematic 12 country Special Rapporteurs/Working Groups IGWG (7): Right to development, right to peace, private military and security companies, etc. UPR Peer review of 193 States once every 4.5 years

HUMAN RIGHTS COUNCIL ADDRESSING CORRUPTION RESOLUTIONS “The role of good governance in the promotion of human rights” Since 2000; Adopted without a vote (Since 2008, corruption is explicitly mentioned); A/HRC/RES/31/14 issued on 19 April 2016. Reference to UNCAC (ratification) Reference to SDG “The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights” Since 2011; Adopted with a vote; A/HRC/RES/34/11 issued on 10 April 2017 Role of the Conference of State Parties to the UNCAC Consider ways to adopt a human rights-based approach in the implementation of the UNCAC, including when dealing with return of the proceeds of crime Reference to the Open-Ended Intergovernmental WG on Asset Recovery of the Conference Role of the civil society in exposing corruption and drawing attention to the negative impact of the non-repatriation of funds of illicit origin Cooperation between the UN system to prevent and combat corruption

HUMAN RIGHTS COUNCIL ADDRESSING CORRUPTION RESOLUTIONS “The negative impact of corruption on the enjoyment of human rights” Since 2013; Adopted without a vote; A/HRC/RES/35/25 issued on 14 July 2017 Reference to UNCAC (ratification) Reference to SDG Cooperation between NHRI and national anti-corruption unit Cooperation (exchange views) between UNODC and OHCHR “The negative impact of corruption on the right to be free from torture and other cruel, inhuman or degrading treatment or punishment” (new; Denmark) A/HRC/37/L.32 Reference to UNCAC and UN CAT (ratification) Link between torture and corruption Corruption in the legal system can have a negative impact on the fight against torture (including on investigation and remedies) Cooperation between NPM and anti-corruption unit “Promoting human rights and SDGs through transparent, accountable and efficient public service delivery” (new; Azerbaijan) A/HRC/37/L.16

PART II: UN TREATY BODIES

UN Human Rights Treaties ICERD (1965) TAJ (1995) CERD ECSCR (1966) TAJ (1999) OP TAJ: NO CESCR ICCPR (1966) OP1: TAJ (1999) OP2: TAJ NO HRCtte CEDAW (1979) (1993) TAJ: (2014) CAT (1984) (1995) CAT SPT CRC (1989) OP 1 & OP 2 TAJ: (2002) CRC ICRMW (1990) (2002) CMW CRPD (2006) (2018 – signed only) CPED CED

Main Treaty Body Functions Consider State Reports Consider Individual Complaints Adopt General Comments Conduct Enquiries

Disparities between TBs: CESCR: 45,3% CMW: 31% CRC: 30,8% HRCtte: 22,2% CAT: 17,8% CEDAW: 6,1% CERD: 3% CRPD: 1,6% CED: 0% SPT: unknown

The Committee on Economic, Social and Cultural Rights (CESCR) 63/139 State reports Africa (40%), Asia (30%), Europe (20%) and Latin America (10%) Per year: no clear trend Majority of the concerns (52) refer to article 2: general concern. Other concerns: corruption related to access to health care or the payment of non-official fees for health care services (article 12, 6 cases), corruption related to access to food, housing or land allocation (article 11, 6 cases), corruption in the justice system (6 cases), corruption in the social security system (article 9, 2 cases)

CESCR Continued Usually long recommendations that contain several elements including “ensure transparency”, “strengthen the legal framework”, “raise awareness among judges, police officers” “investigate allegations of corruption”, “address the root causes of corruption”. Vague Only Committee that sometimes recommends to evaluate the measures taken to eradicate corruption. Sometimes recommended to receive support from International Organisations who have expertise on eradicating corruption. Once referred to the Corruption Index of Transparency International

CESCR Continued CESCR: Uzbekistan, 2014: “The Committee recommends that the State party set up a comprehensive policy and mechanism to combat and prevent petty and systemic corruption, including by: (a) Streamlining the adoption of the draft anti-corruption law, national programme and action plans, as well as codes of conduct for public institutions; (b) Fostering transparent corruption monitoring, especially in the areas of health care, education and residence registration, and ensuring adequate investigation into corruption cases and prompt punishment of perpetrators with commensurate sanctions; (c) Ensuring safe, accessible and visible channels for reporting corruption, in particular in the areas of health care, education and residence registration, as well as effective protection of anti-corruption activists and human rights defenders involved; (d) Training politicians, lawmakers, judges, law enforcement officers, civil servants and public service personnel, especially in the areas of education, health-care and residence registration, on ethics and the economic and social costs of corruption; (e) Conducting awareness-raising campaigns.”

Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) 18 countries on a total of 58 State reviews between 2007 and 2017 (31%) Latin America (7), Asia (6), Africa (3) and Europe (2) Slow rise over the years Issues: Trafficking (6), Corruption in general (4), Corruption among officials (4), Access to remedy (3) Non-discrimination (1) Investigate (8 out of 14), general vague recommendation (5) Recommendations are not too vague

The Committee on the Rights of the Child (CRC)  85/214 reviews spread over 66 countries (31%) Africa (37%), Asia (33%), Europe (15%) and Latin America (15%) Over the years, the CRC seems quite aware about the issue of corruption Concluding Observations remain too vague

CRC Continued Often only one recommendation when multiple concerns Main issues: Allocation of resources to children/children-related departments (health care, education, social services) (40) Corruption in general and its impact on children’s rights (14) Corruption in education (6) Human trafficking (5) Corruption in the issuance of birth certificates (3) Corruption and adoption process (3)

The Human Rights Committee (HRCtte) 39/182 reviews 32/39 fall under article 14, corruption in the judiciary (82%) Asia (36%), Europe (31%), Africa (23%), Middle East (Yemen, 2%), Americas, (8%) Per year: no clear trend Issues: Right to a fair trial - Article 14 -(68%): systemic corruption in the judiciary, the lack of independence of judges and the appointment, selection, dismissal and promotion procedure within the judiciary. Corruption within prisons or penitentiary facilities

HRCtte Continued The wording of the recommendations differs in the various countries. Most of the recommendations are vague (‘combat corruption’) HRCtte: Cameroon, 2017: Independence of the judiciary and administration of justice The State party should take all necessary measures to safeguard the independence of the judiciary in law and in practice and, in particular, to: (a) eliminate all forms of interference by the executive branch in the judiciary and effectively investigate allegations of such acts; (b) intensify its efforts to combat corruption in the judicial system and to prosecute and punish perpetrators, including judges who may be complicit therein; (c) consider reviewing the composition and functioning of the Judicial Service Commission to ensure the impartiality of the justice system; and (…)

The Committee Against Torture (CAT) 30/169 State reports Africa (40%), Asia (33%), Europe (17%) and Latin America (10%) Per year: no trend Issues: Judiciary (14), detention (11), corruption among law enforcement officials (9), body in charge of combating corruption (3), Too vague Only Committee that sometimes asks for data

The Committee on the Elimination of Discrimination against Women (CEDAW) 17/278 country reviews Africa (6), Asia (5), Latin America (4) and Europe (2) Trend is positive 1 concern was expressed in 2008, 1 in 2010 and 1 in 2012 (out of 21). 5 in 2013, 2 in 2014, 2 in 2015, 2 in 2016. 7 concerns in 2017 Issues: Access to remedies or access to justice (9) corruption related to human trafficking and violence against women (3) Corruption in general (2). Vague - Most of the recommendations urge the State to investigate cases of corruption or to strengthen the measures against corruption

The Committee on the Elimination of Racial Discrimination (CERD) 6 concerns on a total of 203 State reviews Asia (2), Africa (2), and Europe (2) Less and less: 2009 (3), 2010 (1), 2013 (1), 2016 (1) Quite detailed Main issues: Judiciary (5), Implementation of a national strategy against corruption (1)

The Subcommittee on Prevention of Torture (SPT) 4 concerns on corruption in the prison system of Paraguay in 2011 8 recommendations over 4 countries (2010-2011) Latin America (Paraguay, Honduras, Mexico) and Africa (Benin) Corruption in detention or prison systems Recommendations are elaborate, specific, detailed and concrete

SPT: Paraguay, 2011: The Subcommittee recommends that an investigation of these actions be undertaken without delay and that the inmates and staff members involved be tried and, if found guilty, punished. The Subcommittee reiterates its earlier recommendations and, in addition, recommends that the State party: (a) Undertake an independent audit without delay, starting with Tacumbú National Prison but including all prisons in the country, to investigate the corruption existing in this sector, identify corruption risks and develop recommendations for internal and external oversight. This audit should be followed up with regular inspections to ascertain the extent of compliance with the initial recommendations; (b) Carry out a campaign to sensitize staff and the general public to the need to combat corruption in the prison system and to make them aware of the adverse consequences of corruption; (c) Draft, approve and then distribute a code of conduct to prison staff; (d) Promote transparency in the administration of the prison system’s resources by, inter alia, making public each prison’s budget, budgetary decisions and the names of the responsible officials; (e) Increase the wages of prison staff in order to ensure that their pay levels are fair and adequate and raise the professional standards and status of prison workers by creating a correctional studies curriculum; (f) Investigate allegations of corruption and, in cases where it is suspected that a crime has been committed, provide the relevant information to the Office of the Public Prosecutor.

The Convention on the Rights of Persons with Disabilities (CRPD) 1 observation + recommendation on 63 reviews (2009-2017) China, 2012 Access to health care Quite vague

The Committee on Enforced Disappearances (CED) 0/23 – none (2013-2017)

CONCLUSION None of the Treaty-bodies have a consistent approach to corruption CESCR, CMW and CRC are the most active in engaging with the containment of corruption, although CRC gives vague recommendations. The HRCtte is taking action regarding corruption reviews, and gives detailed recommendations, yet in some instances is inconsistence. SPT gives specific and useful recommendations. CED shows no concern regarding the issue of corruption and CAT shows some concern but again, recommendations are vague. Total: 18.9% of State Reviews examined were regarding corruption. It must be noted that there are great disparities between the different treaty-bodies.

Recommendations / Way Forward Partnership between human rights and anti-corruption civil society Close interaction between anti-corruption civil society/institutions and the UN HR mechanisms: the Special Procedures as well as the Treaty bodies – information, evidence, research, study, country visits, briefings, etc. Engagement of anti-corruption constituency with the HRC and UPR mechanism including jointly with HRs civil society