Statement by Omar Zniber, President of the Human Rights Council, to the OHCHR expert meeting on the obstacles to repatriation of funds of illicit origin to the countries of origin and their impact on the enjoyment of human rights

Mr High Commissioner,
Excellencies,
Ladies and Gentlemen,

I am very happy and honored to address you on an issue that holds great significance for me.

Needless to state that illicit financial flows and repatriation of stolen assets are critical human rights issues. It negatively impacts on State’s obligation to use maximum available resources for the realization of economic, social and cultural rights. To this effect, the recovery and return of assets is essential to domestic resource mobilization. I must therefore welcome the SDG’s 16 target 16.4 whose aim is to “significantly reduce illicit financial flows […] strengthen the recovery and return of stolen assets and combat all forms of organized crime, by 2030,”. In the same vein, I would like to welcome The Atlanta Declaration, outcome document of the 10th Conference of the States Parties to the United Nations Convention against Corruption which reiterates negative impact of wide-spread corruption on the enjoyment of human rights and fundamental freedoms.

Further, I welcome the UNCTAD and UNODC’s, Conceptual Framework for the Statistical Measurement of Illicit Financial Flows issued in October 2020, the, which constitutes a cornerstone in the measurement of IFFs with a first globally agreed definition and conceptual classification of IFFs.

In this view I would like to recall the resolution of the 10th Conference of the States Parties to the United Nations Convention against Corruption on Methodologies and indicators for measuring corruption and the effectiveness of anti-corruption frameworks particularly the invitation to States parties to consider establishing and/or maintaining repositories of relevant data on corruption cases and anti-corruption efforts, to be used within the voluntarily utilized methodologies and indicators for measuring corruption risks, trends and prevalence, as well as for assessing the effectiveness of their policies and actual measures to combat corruption, while protecting ongoing corruption investigations and respecting confidentiality.

It is, indeed, important to reaffirm our collective commitments towards the SDGs.

Dear colleagues and friends,

The tone is set, and we have the adequate framework for action, so let us act now, consistently and consequently with our duty and the obligations we signed on to.

Mr High Commissioner,
Excellencies,
Ladies and Gentlemen,

Flows of funds of illicit origin deprive countries of resources required to progressively realize human rights, including economic, social and cultural rights, and also the right to a clean, healthy, and sustainable environment and the right to development, in such a way that threatens the stability and sustainable development of States, undermines the values of democracy, the rule of law and morality and jeopardizes social, economic and political development.

Recognizing this, the HRC has adopted several resolutions that 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. Similarly, the Council also adopted a series of resolutions emphasizing both the importance of transparent, accountable, and efficient service delivery at the national and local levels including the promotion of good governance promotion through public services delivery.

These resolutions call for enhanced anti-corruption efforts that promote human rights and the Sustainable Development Goals (SDGs).

Mr. High Commissioner,
Excellencies,
Ladies and Gentlemen,

Today’s meeting aims to identify the main obstacles to the repatriation of funds of illicit origin to the countries of origin, particularly the legal, factual, and institutional barriers to repatriating funds of illicit origin at the different stages of the process of repatriation.

In this regard, I have no doubt that this meeting will yield to valuables deliberations which will help to address elements and benefits of a human rights-based approach to the asset recovery process to overcome existing obstacles and ensure the repatriation of funds to the country of origin and exchange good practices of repatriation of funds of illicit origin to the countries of origin, including the use of repatriated funds.

I can also ensure you of the readiness of the Council, through its relevant mechanisms to continue considering, the issues related to good governance, the negative impact of corruption and associated illicit financial flows, and public service delivery, and will continue these issues as linked to the promotion and protection of human rights.

In light of the above background, duty bearers should take concrete steps to uphold good governance and prevent and combat corruption and associated illicit financial flows at the national and local levels to promote human rights and SDGs.

Before I conclude, I would like to emphasise that this OHCHR experts meeting is an excellent opportunity to take stock of progress made, examine existing and emerging challenges, identify opportunities for further action and share good practices. In this connection, I strongly encourage robust multi-stakeholder dialogue, especially with our civil society partners and human rights defenders who can play a great role 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.

HRC should continue to encourage efforts to combat corruption and associated illicit financial flows as a key central role in promoting good governance and upholding the principles of human rights.

I thank you for your attention.