A/HRC/RES/46/11
her to continue to consider the impact of illicit financial flows on the enjoyment of human
rights as part of the mandate;
3.
Further welcomes the high-level meeting on international cooperation to
combat illicit financial flows and strengthen good practices on assets return, convened by the
President of the General Assembly on 16 May 2019;
4.
Calls upon all States that have not yet acceded to the United Nations
Convention against Corruption to consider doing so as a matter of priority;
5.
Underscores that the repatriation of funds of illicit origin is key for States that
are undergoing a reform process and for improving the realization of economic, social and
cultural rights, including the right to development, and for fulfilling their obligation to meet
the legitimate aspirations of their peoples;
6.
Urges requesting and requested States to cooperate to recover the proceeds of
corruption, in particular embezzled public funds, stolen assets and unaccounted-for assets,
including those that are found in safe havens, and to demonstrate strong commitment to
ensuring the return or disposal of such assets, including their return to the countries of origin;
7.
Urges requested States to ensure the prompt and unconditional repatriation of
funds of illicit origin to the countries of origin, and to actively participate in adopting a
renewed, decisive and proactive commitment to tackle the phenomenon of illicit financial
flows and their ensuing negative impact on human rights and the right to development, and
to take urgent action to push forward the procedures aimed at the recovery of stolen assets;
8.
Encourages requested States parties to the United Nations Convention against
Corruption to respond to requests for assistance and to adopt such measures as may be
necessary to enable them to provide a wider scope of assistance, pursuant to article 46 of the
said Convention, in the absence of dual criminality;
9.
Asserts the urgent need to return the proceeds of crime to requesting countries
without conditionalities, in accordance with the United Nations Convention against
Corruption and with due process, to strive to eliminate safe havens that create incentives for
transfer abroad of stolen assets and illicit financial flows, and to strengthen regulatory
frameworks at all levels;
10.
Calls upon all States to consider enacting legislation to address offences by
business enterprises, including multinational corporations, that deprive Governments of
legitimate domestic sources of revenue for the implementation of their development agendas,
in compliance with their international obligations, including international human rights law;
11.
Underlines that there is also a corporate responsibility to comply with and
respect all applicable laws and human rights, and a need for greater access to effective
remedies by victims in order to realize effective prevention of, and remedy for, businessrelated human rights harm, as set out in the Guiding Principles on Business and Human
Rights;
12.
Calls upon all States to seek to reduce opportunities for tax avoidance, to
consider inserting anti-abuse clauses in all tax treaties and to enhance disclosure practices
and transparency in both source and destination countries, including by seeking to ensure
transparency in all financial transactions between Governments and companies to relevant
tax authorities;
13.
Also calls upon all States to consider waiving or reducing to the barest
minimum reasonable expenses deducted when recovering assets, particularly when the
requesting State is a developing country, bearing in mind that the return of illicitly acquired
assets contributes to the achievement of the Sustainable Development Goals;
14.
Reiterates the importance of full compliance with international human rights
law in relation to the return of proceeds of crime, in particular due process rights in criminal
or civil law matters against persons presumed to be responsible for corruption, tax evasion
or other related criminal conduct and with respect to freezing and forfeiture;
15.
Invites the Conference of the States Parties to the United Nations Convention
against Corruption to consider ways of adopting a human rights-based approach in the
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