A/HRC/RES/46/11
implementation of the Convention, including when dealing with the return of the proceeds of
crime, and appreciates the continued efforts of the Open-ended Intergovernmental Working
Group on Asset Recovery of the Conference to assist States parties in fulfilling their
obligations under the Convention to prevent, detect and deter in a more effective manner the
international transfer of the proceeds of crime and to strengthen international cooperation in
asset recovery;
16.
Calls upon States to continue to consider the establishment of an
intergovernmental working group on the negative impact of illicit financial flows on the
enjoyment of human rights, and to explore further policy responses to the phenomenon;
17.
Acknowledges the important role that civil society can play in exposing
corruption and drawing attention to the negative impact of the non-repatriation of funds of
illicit origin on the rule of law and the realization of economic, social and cultural rights, and
reiterates in this context the obligation of States to protect reporting persons in accordance
with article 33 of the United Nations Convention against Corruption and the Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms;
18.
Welcomes national initiatives to adopt anti-money-laundering legislation as an
important step in the fight against corruption and the willingness demonstrated by some
States to cooperate in facilitating the return of the proceeds of crime, and calls for more robust
regulations in this regard, including through the implementation of policies aimed at reducing
the flow of the proceeds of crime, and ensuring their return and the provision of technical
assistance to developing countries;
19.
Encourages all States to share best practices in the freezing and recovery of
funds of illicit origin;
20.
Calls for further international cooperation through, inter alia, the United
Nations system, in support of national, subregional and regional efforts to prevent and combat
corrupt practices and the transfer of assets of illicit origin, in accordance with the principles
of the United Nations Convention against Corruption, and in this regard encourages close
cooperation at the national and international levels among anti-corruption agencies, law
enforcement agencies and financial intelligence units;
21.
Calls upon all States requested to repatriate funds of illicit origin to uphold
fully their commitment to make the fight against corruption a priority at all levels and to curb
the illicit transfer of funds, in accordance with the United Nations Convention against
Corruption, and to make every effort to achieve the repatriation of funds of illicit origin to
requesting States in order to diminish the negative impact of non-repatriation, including on
the enjoyment of human rights, in particular economic, social and cultural rights in the
countries of origin by, inter alia, lowering the barriers imposed on requiring jurisdictions at
the tracing stage and enhancing cooperation in this regard between competent agencies, in
particular taking into account the risks of dissipation of those funds and, where appropriate,
by delinking confiscation measures from a requirement of conviction in the country of origin;
22.
Calls upon all States requesting the repatriation of funds of illicit origin to
uphold fully their commitment to make the fight against corruption a priority at all levels and
to curb the illicit transfer of funds, and to apply the principles of accountability, transparency
and participation in the decision-making process regarding the allocation of repatriated funds
to the realization of economic, social and cultural rights in order to improve prevention and
detection procedures, correct identified weaknesses or mismanagement, prevent impunity,
provide effective remedies directed at creating conditions for avoiding new human rights
violations and improve the overall administration of justice;
23.
Reaffirms that it is the obligation of the State to investigate and then prosecute
corruption on the basis of evidence, and calls upon all States to strengthen criminal and/or
civil proceedings directed at freezing or restraining funds of illicit origin, and in this context
encourages requested States to provide information on legal frameworks and procedures to
requesting States and to remove barriers to asset recovery, including by simplifying their
legal procedures and responding to requests for mutual legal assistance;
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