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In recent years, a number of international
documents signed under the auspices of both the United Nations and regional
organizations have acknowledged the negative effects of corruption on the
protection of human rights and on development. Moreover, the treaty bodies and
special procedures of the United Nations human rights system in their
examination of states’ compliance with international law have commented on the
inability of states to comply with their obligations as a result of corruption.
documents signed under the auspices of both the United Nations and regional
organizations have acknowledged the negative effects of corruption on the
protection of human rights and on development. Moreover, the treaty bodies and
special procedures of the United Nations human rights system in their
examination of states’ compliance with international law have commented on the
inability of states to comply with their obligations as a result of corruption.
Human rights are indivisible and
interdependent, and the consequences of corrupt governance are multiple and
touch on all human rights — civil, political, economic, social and cultural, as
well as the right to development. Corruption leads to violation of the
government’s human rights obligation “to take steps… to the maximum of its
available resources, with a view to achieving progressively the full
realization of the rights recognized in the [International] Covenant [on
Economic, Social and Cultural Rights]”. The corrupt management of public
resources compromises the government’s ability to deliver an array of services,
including health, educational and welfare services, which are essential for the
realization of economic, social and cultural rights. Also, the prevalence of
corruption creates discrimination in access to public services in favour of
those able to influence the authorities to act in their personal interest,
including by offering bribes. The economically and politically disadvantaged suffer
disproportionately from the consequences of corruption, because they are
particularly dependent on public goods.
interdependent, and the consequences of corrupt governance are multiple and
touch on all human rights — civil, political, economic, social and cultural, as
well as the right to development. Corruption leads to violation of the
government’s human rights obligation “to take steps… to the maximum of its
available resources, with a view to achieving progressively the full
realization of the rights recognized in the [International] Covenant [on
Economic, Social and Cultural Rights]”. The corrupt management of public
resources compromises the government’s ability to deliver an array of services,
including health, educational and welfare services, which are essential for the
realization of economic, social and cultural rights. Also, the prevalence of
corruption creates discrimination in access to public services in favour of
those able to influence the authorities to act in their personal interest,
including by offering bribes. The economically and politically disadvantaged suffer
disproportionately from the consequences of corruption, because they are
particularly dependent on public goods.
Corruption may also affect the enjoyment of
civil and political rights. Corruption may weaken democratic institutions both
in new and in long-established democracies. When corruption is prevalent, those
in public positions fail to take decisions with the interests of society in
mind. As a result, corruption damages the legitimacy of a democratic regime in
the eyes of the public and leads to a loss of public support for democratic
institutions. People become discouraged from exercising their civil and
political rights and from demanding that these rights be respected. Electoral
fraud and corruption in the funding of political parties are other, more direct
corrupt practices related to the enjoyment of civil and political rights.
civil and political rights. Corruption may weaken democratic institutions both
in new and in long-established democracies. When corruption is prevalent, those
in public positions fail to take decisions with the interests of society in
mind. As a result, corruption damages the legitimacy of a democratic regime in
the eyes of the public and leads to a loss of public support for democratic
institutions. People become discouraged from exercising their civil and
political rights and from demanding that these rights be respected. Electoral
fraud and corruption in the funding of political parties are other, more direct
corrupt practices related to the enjoyment of civil and political rights.
In countries where corruption is pervasive
in the rule-of-law system, both the implementation of existing legal frameworks
and efforts to reform them are impeded by corrupt judges, lawyers, prosecutors,
police officers, investigators and auditors. Such practices compromise the
right to equality before the law and the right to a fair trial, and especially
undermine the access of the disadvantaged groups to justice, as they cannot afford
to offer bribes. Importantly, corruption in the rule-of-law system weakens the
very accountability structures which are responsible for protecting human
rights and contributes to a culture of impunity, since illegal actions are not
punished and laws are not consistently upheld.
in the rule-of-law system, both the implementation of existing legal frameworks
and efforts to reform them are impeded by corrupt judges, lawyers, prosecutors,
police officers, investigators and auditors. Such practices compromise the
right to equality before the law and the right to a fair trial, and especially
undermine the access of the disadvantaged groups to justice, as they cannot afford
to offer bribes. Importantly, corruption in the rule-of-law system weakens the
very accountability structures which are responsible for protecting human
rights and contributes to a culture of impunity, since illegal actions are not
punished and laws are not consistently upheld.
How human rights principles can
help in fighting corruption?
Human rights principles and institutions
are essential components of successful and sustainable anti-corruption
strategies. First, anti-corruption efforts are likely to be successful when
they approach corruption as a systemic problem rather than a problem of
individuals. A comprehensive response to corruption includes effective
institutions, appropriate laws, good governance reforms as well as the
involvement of all concerned stakeholders in and outside the government. Thus,
the adoption of legal frameworks or anti-corruption commissions may not be
effective if there is no strong and engaged civil society or a culture of
integrity in State institutions. Likewise, civil activism against corruption
needs the assistance of a strong legal framework and an open political system
to achieve its goals.
are essential components of successful and sustainable anti-corruption
strategies. First, anti-corruption efforts are likely to be successful when
they approach corruption as a systemic problem rather than a problem of
individuals. A comprehensive response to corruption includes effective
institutions, appropriate laws, good governance reforms as well as the
involvement of all concerned stakeholders in and outside the government. Thus,
the adoption of legal frameworks or anti-corruption commissions may not be
effective if there is no strong and engaged civil society or a culture of
integrity in State institutions. Likewise, civil activism against corruption
needs the assistance of a strong legal framework and an open political system
to achieve its goals.
Second, and given the above, the battle
against corruption, similar to human rights projects, is often a long-term process
requiring profound societal changes, which include a country’s institutions,
laws and culture. Consequently, an efficient anti-corruption strategy can
benefit from and be informed by key human rights principles. Elements like an
independent judiciary, freedom of the press, freedom of expression,
transparency in the political system and accountability are essential for a
successful anti-corruption strategy.
against corruption, similar to human rights projects, is often a long-term process
requiring profound societal changes, which include a country’s institutions,
laws and culture. Consequently, an efficient anti-corruption strategy can
benefit from and be informed by key human rights principles. Elements like an
independent judiciary, freedom of the press, freedom of expression,
transparency in the political system and accountability are essential for a
successful anti-corruption strategy.
The role and characteristics of
institutions that have contributed effectively to anti-corruption efforts need
to be identified. Furthermore, the role of the judiciary, ombudsmen and
national human rights institutions in addressing corruption and the potential
for their cooperation with national and international anti-corruption agencies
merit examination as well. The efforts of the judiciary and the rule-of-law
system in general both in advocating the adoption of relevant laws and in
implementing the existing legal framework are also relevant to this discussion.
institutions that have contributed effectively to anti-corruption efforts need
to be identified. Furthermore, the role of the judiciary, ombudsmen and
national human rights institutions in addressing corruption and the potential
for their cooperation with national and international anti-corruption agencies
merit examination as well. The efforts of the judiciary and the rule-of-law
system in general both in advocating the adoption of relevant laws and in
implementing the existing legal framework are also relevant to this discussion.
Transparency and accountability are key principles
of a human rights-based approach to development that are also integral to
successful anti-corruption strategies. Some of the measures that can enhance
transparency and accountability and contribute to sustainable anti-corruption
measures are the adoption of laws ensuring the public’s access to information
on governmental processes, decisions and policies as well as institutional
reforms which strengthen transparency and accountability, for example through
reform in the operating procedures and decision-making processes of
institutions, including elected institutions and the institutions responsible
for the delivery of services.
of a human rights-based approach to development that are also integral to
successful anti-corruption strategies. Some of the measures that can enhance
transparency and accountability and contribute to sustainable anti-corruption
measures are the adoption of laws ensuring the public’s access to information
on governmental processes, decisions and policies as well as institutional
reforms which strengthen transparency and accountability, for example through
reform in the operating procedures and decision-making processes of
institutions, including elected institutions and the institutions responsible
for the delivery of services.
An engaged civil society and media that
value and demand accountability and transparency are vital in addressing corruption.
Lessons can be learned from the experience of the human rights movements in
raising civil society’s awareness of the adverse consequences of corruption and
in building alliances with state institutions and the private sector in support
of anti-corruption efforts. Both civil society and the private sector can play
a determining role in affecting institutional reform to strengthen transparency
and accountability.
value and demand accountability and transparency are vital in addressing corruption.
Lessons can be learned from the experience of the human rights movements in
raising civil society’s awareness of the adverse consequences of corruption and
in building alliances with state institutions and the private sector in support
of anti-corruption efforts. Both civil society and the private sector can play
a determining role in affecting institutional reform to strengthen transparency
and accountability.
UN human rights mechanisms and
anti-corruption
anti-corruption
United Nations human rights mechanisms are
increasingly mindful of the negative impact of corruption on the enjoyment of
human rights and consequently of the importance of effective anti-corruption
measures. The Human Rights Council and its Special Rapporteurs and Universal
Periodic Review Mechanism, as well as Human Rights Treaty-monitoring bodies
(notably the Committee on Economic, Social and Cultural Rights, the Committee
on the Rights of the Child) addressed issues of corruption and human rights on
numerous occasions.
increasingly mindful of the negative impact of corruption on the enjoyment of
human rights and consequently of the importance of effective anti-corruption
measures. The Human Rights Council and its Special Rapporteurs and Universal
Periodic Review Mechanism, as well as Human Rights Treaty-monitoring bodies
(notably the Committee on Economic, Social and Cultural Rights, the Committee
on the Rights of the Child) addressed issues of corruption and human rights on
numerous occasions.
In 2003, the former Sub-Commission on the
Promotion and Protection of Human Rights appointed a Special Rapporteur with
the task of preparing a comprehensive study on corruption and its impact on the
full enjoyment of human rights, in particular economic, social and cultural rights.
The mandate ended in 2006 when the Sub-Commission was replaced by the Advisory
Committee. As requested by the then Commission on Human Rights, in 2004 OHCHR
organized jointly with UNDP a seminar on good governance practices for the
promotion of human rights, including anti-corruption, in Seoul, the Republic of
Korea (the report is contained in document E/CN.4/2005/97). Subsequently OHCHR
published in 2007 a booklet on Good Governance Practices for the Protection of
Human Rights (HR/PUB/07/4). In 2006, OHCHR organized a conference on
anti-corruption measures, good governance and human rights in Warsaw, Poland
(the report is contained in document A/HRC/4/71). In follow-up to this
conference OHCHR is developing, jointly with UNODC and UNDP a guide book on human
rights and anti-corruption for practitioners.
Promotion and Protection of Human Rights appointed a Special Rapporteur with
the task of preparing a comprehensive study on corruption and its impact on the
full enjoyment of human rights, in particular economic, social and cultural rights.
The mandate ended in 2006 when the Sub-Commission was replaced by the Advisory
Committee. As requested by the then Commission on Human Rights, in 2004 OHCHR
organized jointly with UNDP a seminar on good governance practices for the
promotion of human rights, including anti-corruption, in Seoul, the Republic of
Korea (the report is contained in document E/CN.4/2005/97). Subsequently OHCHR
published in 2007 a booklet on Good Governance Practices for the Protection of
Human Rights (HR/PUB/07/4). In 2006, OHCHR organized a conference on
anti-corruption measures, good governance and human rights in Warsaw, Poland
(the report is contained in document A/HRC/4/71). In follow-up to this
conference OHCHR is developing, jointly with UNODC and UNDP a guide book on human
rights and anti-corruption for practitioners.
The Human Rights Council has continued to
promote work on human rights and anti-corruption. In 2011, the Council stressed
that States should promote supportive and enabling environments for the
prevention of human rights violations, inter alia, by fighting corruption
(resolution 18/13)
Furthermore, the Council considered the issue of the negative impact of the
non-repatriation of funds of illicit origin to the countries of origin on the
enjoyment of human rights (resolutions 17/23, 19/38 and 22/12),
including a study by the High Commissioner for Human Rights on the subject
matter (report A/HRC/19/42).
The issue was subsequently considered 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, who submitted an interim study 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 in 2015 (A/HRC/28/60).
promote work on human rights and anti-corruption. In 2011, the Council stressed
that States should promote supportive and enabling environments for the
prevention of human rights violations, inter alia, by fighting corruption
(resolution 18/13)
Furthermore, the Council considered the issue of the negative impact of the
non-repatriation of funds of illicit origin to the countries of origin on the
enjoyment of human rights (resolutions 17/23, 19/38 and 22/12),
including a study by the High Commissioner for Human Rights on the subject
matter (report A/HRC/19/42).
The issue was subsequently considered 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, who submitted an interim study 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 in 2015 (A/HRC/28/60).
In 2012, a cross-regional statement on corruption and human rights was delivered by
Morocco to the 20th session of the Human Rights Council on behalf of 134
States. The statement called for deepening reflection on the close connection
between human rights and anti-corruption measures and urged the anti-corruption
and human rights movements to work together. Subsequently, the Human Rights
Council convened a panel discussion on the negative impact of corruption on the
enjoyment of human rights in March 2013 (report A/HRC/23/26).
Morocco to the 20th session of the Human Rights Council on behalf of 134
States. The statement called for deepening reflection on the close connection
between human rights and anti-corruption measures and urged the anti-corruption
and human rights movements to work together. Subsequently, the Human Rights
Council convened a panel discussion on the negative impact of corruption on the
enjoyment of human rights in March 2013 (report A/HRC/23/26).
In 2013, the Human Rights Council requested
its expert Advisory Committee to submit a research-based report to the Council
at its twenty-sixth session in June 2014 on the issue of the negative impact of
corruption on the enjoyment of human rights, and to make recommendations on how
the Council and its subsidiary bodies should consider this issue (resolution 23/9). The
Advisory Committee submitted its final report on the issue of the negative
impact of corruption on the enjoyment of human rights in 2015 (A/HRC/28/73).
its expert Advisory Committee to submit a research-based report to the Council
at its twenty-sixth session in June 2014 on the issue of the negative impact of
corruption on the enjoyment of human rights, and to make recommendations on how
the Council and its subsidiary bodies should consider this issue (resolution 23/9). The
Advisory Committee submitted its final report on the issue of the negative
impact of corruption on the enjoyment of human rights in 2015 (A/HRC/28/73).
Three key
messages of OHCHR:
messages of OHCHR:
1.
Corruption
is an enormous obstacle to the realization of all human rights — civil,
political, economic, social and cultural, as well as the right to development.
Corruption
is an enormous obstacle to the realization of all human rights — civil,
political, economic, social and cultural, as well as the right to development.
2.
The
core human rights principles of transparency, accountability,
non-discrimination and meaningful participation, when upheld and implemented,
are the most effective means to fight corruption.
The
core human rights principles of transparency, accountability,
non-discrimination and meaningful participation, when upheld and implemented,
are the most effective means to fight corruption.
There is an urgent need to increase synergy between
inter-governmental efforts to implement the United Nations Convention against
Corruption and international human rights conventions. This requires
strengthened policy coherence and collaboration between the intergovernmental
processes in Vienna, Geneva and New York, UNODC, UNDP, OHCHR and civil society.
inter-governmental efforts to implement the United Nations Convention against
Corruption and international human rights conventions. This requires
strengthened policy coherence and collaboration between the intergovernmental
processes in Vienna, Geneva and New York, UNODC, UNDP, OHCHR and civil society.
==//==
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Join to WhatsApp/Instagram Group Combating Corruption in Brazil
[Faça sua Adesão ao Grupo de Combate a Corrupção WhatsApp Combatendo a Corrupção]
[Phone Number:55-85-9 9993 9415/Intagram
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AND INSTAGRAM BASED CORRUPTION COMBAT GROUP
[GRUPO DE COMBATE A CORRUPÇÃO BASEADA
EM WHATSAPP E INSTAGRAM]
Join to WhatsApp/Instagram Group Combating Corruption in Brazil
[Faça sua Adesão ao Grupo de Combate a Corrupção WhatsApp Combatendo a Corrupção]
[Phone Number:55-85-9 9993 9415/Intagram
login: [Phone https://www.instagram.com/ricardo_correia_borges/]
Alliance between the media, civil society and
independent state institutions such as information commissioners or
anti-corruption bodies to fight corruption (UN)
independent state institutions such as information commissioners or
anti-corruption bodies to fight corruption (UN)
Alliance between the media, civil society and
independent state institutions such as information commissioners or
anti-corruption bodies to fight corruption (UN)
independent state institutions such as information commissioners or
anti-corruption bodies to fight corruption (UN)
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