In recognition of the problems posed by corruption generally, the international community
adopted the United Nations Convention against Corruption,70which aims:
•
•
•
‘[t]o promote and strengthen measures to prevent and combat corruption more efficiently
and effectively’; 71
‘[t]o promote, facilitate and support international cooperation and technical assistance in the
prevention of and fight against corruption’; 72 and
[t]o promote integrity, accountability and proper management of public affairs and public
property’.73
Some of the measures that States Parties to the Convention should implement include:
•
•
•
•
•
developing and maintaining anti-corruption policies and practices ‘that promote the
participation of society and reflect the principles of the rule of law, proper management of
public affairs and public property, integrity, transparency and accountability’; 74
developing and promoting accounting, auditing, behavioural and reporting standards in the
private sector: for example, through codes of conduct or through laws requiring disclosure
of company finances;75
promoting the participation of individuals and groups outside the public sector ‘in the
prevention of and fight against corruption’: 76 for example, by ‘[u]ndertaking public information
activities that contribute to non-tolerance of corruption, ... [and] public education
programmes, including school and university curricula’; 77
establishing anti-bribery laws for the public and private sectors; 78 and
encouraging international cooperation to combat corruption.79
Remedies
The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, adopted and proclaimed by UN General Assembly Resolution 60/147 on 16
December 2005, state that principles underlying the remedies for violations of human rights law
include:
•
•
•
the victim’s right to equal and effective access to justice;
adequate, effective and prompt reparation for harm suffered; and
access to relevant information concerning violations and reparations mechanisms.
The Guidelines indicate that a variety of remedies should be available to victims of human rights
violations, including restitution, compensation, rehabilitation; and, satisfaction and guarantees of
non-repetition. Any remedies should be provided in a non-discriminatory manner. 80
Recommendations
A list of recommendations is contained in Part 2. Amongst others, recommendations relevant to
this term of reference include:
70
Entered into force 14 December 2005.
United Nations Convention Against Corruption (entered into force 14 December 2005) art 1(a).
72
Ibid, art 1(b).
73
Ibid, art 1(c).
74
Ibid, art 5.
75
Ibid, art 12.
76
Ibid, art 13.
77
Ibid, art 13(1)(c).
78
Ibid, art 15, 21.
79
United Nations Convention Against Corruption (entered into force 14 December 2005) ch IV.
80
See arts 2(1) and 26 of ICCPR, art 2(2) of ICESCR, art 2 of CERD, art 2 of CEDAW, and art 2 of CROC.
71
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