A/HRC/RES/46/11
Recalling that the repatriation of funds of illicit origin requires the close and
transparent coordination and cooperation of requesting and requested States, including
between competent authorities, in particular the judicial authorities, within the shared
responsibility to facilitate efficient international cooperation for the prompt recovery of assets
of illicit origin,
Affirming the responsibilities of requesting and requested States in the return of the
proceeds of crime, cognizant that requesting States must seek return as part of their duty to
ensure the application of the maximum available resources to the full realization of all human
rights for all, including the right to development, address human rights violations and combat
impunity, and that requested States, on the other hand, have a duty to assist and facilitate the
return of the proceeds of crime, including through judicial assistance, as part of their
obligation of international cooperation and assistance under chapters IV and V of the United
Nations Convention against Corruption and in the field of human rights,
Concerned at the challenges and difficulties that both requested and requesting States
face in the return of the proceeds of crime owing to, inter alia, lack of political will in the
requested States due to the benefits gained from the illicit financial flows, differences in legal
systems, the complexity of multijurisdictional investigations and prosecutions, lack of
familiarity with the mutual legal assistance procedures of other States and difficulties in
identifying the flow of funds of illicit origin, noting the particular challenges in recovering
them in cases involving individuals who are or have been entrusted with prominent public
functions and their family members and close associates, and recognizing that legal
difficulties are often exacerbated by factual and institutional obstacles, and noting also the
difficulties of providing information establishing a link between the proceeds of corruption
in the requested State and the crime committed in the requesting State, which in many cases
may be difficult to prove, and of applying conditionalities by requested States,
Recognizing that numerous technical, legal and practical challenges are to be
addressed in order to facilitate the repatriation of funds of illicit origin to countries from
where they were originally stolen,
Reaffirming the 2030 Agenda for Sustainable Development, in particular Sustainable
Development Goal targets 16.4, 16.5, 16.6 and 16.10, which underline the commitment of
States to significantly reduce by 2030 illicit financial and arms flows, and the Addis Ababa
Action Agenda, adopted at the Third International Conference on Financing for
Development, held in Addis Ababa in July 2015, which underlined, in particular, that
measures to curb illicit financial flows were integral to achieving sustainable development,
Welcoming the work carried out by different United Nations bodies and mechanisms,
including the United Nations Conference on Trade and Development, the United Nations
Office on Drugs and Crime, and by international and regional organizations in preventing
and combating all forms of corruption, and encouraging them to continue their consideration
of the negative impact of illicit financial flows on the enjoyment of human rights, to further
explore policy responses to the phenomenon, and to coordinate their efforts in this regard,
Noting with appreciation the Lausanne process initiative on practical guidelines for
efficient asset recovery, the Stolen Assets Recovery Initiative of the World Bank Group and
the United Nations Office on Drugs and Crime, and the outcome of the fourteenth session of
the United Nations Conference on Trade and Development, held in Nairobi in 2016, and
encouraging coordination among existing initiatives,
1.
Welcomes the study of the Advisory Committee on utilizing non-repatriated
illicit funds with a view to supporting the achievement of the Sustainable Development
Goals,1 and takes note of the proposed courses of action in the study;
2.
Also welcomes the work undertaken 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,2 and requests
1
2
A/HRC/43/66.
See A/HRC/46/29.
3