Integrating Human Rights in the Anti-Corruption Agenda - The ICHRP

More documents

Recommendations

Info

Convention on the Elimination of All Forms of Racial Discrimination (CERD) This Convention also deals entirely with discrimination and cannot be reproduced in full here. However, Article 1 defines “racial discrimination” as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.” The UNCAC underlines the importance of participation. It requires states to promote the active participation of individuals and groups outside the public sector, such as civil society, NGOs and community-based organisations, in the prevention of and fight against corruption (UNCAC, Art. 13). The UN’s Technical Guide to the United Nations Convention against Corruption affirms that civil society participation is especially important in the development and implementation of anti-corruption strategies and that policies need to envisage specific ways by which to include representatives of society in all processes of their design, content, development, endorsement, implementation and review. It states that citizen participation is strengthened by respecting, promoting and protecting the freedom to seek, receive, publish and disseminate information concerning corruption. These provisions of the UNCAC require the positive action of states and are costly. At the same time, citizen participation should be regarded as a valuable investment that strengthens not only anti-corruption procedures but public administration as a whole. Unfortunately, even where its significance is recognised, participation is often pro forma: limited in scale, inaccessible to vulnerable groups and insensitive to power structures. More active mechanisms for citizen participation, such as public hearings or open sessions of parliamentary commissions, either do not exist or have little authority, and in many cases they are sidelined by informal forms of influence to which only powerful interest groups have access. Here, human rights principles and practice can help to give content to participatory processes, enabling them to fulfil their potential to prevent and control corruption. The rights that are implicated in participation are spelled out in international treaties, while the experience of implementation that human rights actors have acquired over the last 60 years should help anti-corruption organisations to make participation operational and effective for anti-corruption purposes. Operationalising the Right to Participation: From Voiceless Participation to Resource Control Participation is at the heart of human rights practice. Human rights strategies for confronting abuse of power and holding government institutions to account depend upon it, and it is a condition of claiming other rights. In effect, it is constructed out UNODC and UNICRI, 2009, pp. 4–5. Integrating Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities
of several key rights. To participate effectively, people need to be able to organise themselves freely (freedom of association), to communicate their opinions frankly (freedom of expression) and to inform themselves (right to access to information). With respect to operationalising participation, it is sensible to think in terms of the breadth (who is involved) and the depth of the process (the degree of influence). 10 In addition, a number of political risks (e.g., co-option, manipulation) need to be considered. Box 3. The Right to Participation in Human Rights Standards International Covenant on Civil and Political Rights (ICCPR) Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice. Article 21 The right of peaceful assembly shall be recognised. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. Article 22 (paragraph 1) Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. Article 25 Every citizen shall have the right and the opportunity... without unreasonable restrictions: a) To take part in the conduct of public affairs, directly or through freely chosen representatives; b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; c) To have access, on general terms of equality, to public service in his country. See also, Human Rights Committee, General Comment No. 25 (1996) on Participation in public affairs and the right to vote. International Covenant on Economic, Social and Cultural Rights (ICESCR) Article 15 (paragraph 1) recognises the right of everyone to “take part in cultural life.” 10 See Dahl, 1971. Integrating Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities
Page 1 and 2: Integrating Human Rights in the Ant
Page 7 and 8: Contents Acknowledgements Foreword
Page 9 and 10: Acronyms ACHPR ACHR AIL ALAC CAT CC
Page 11 and 12: Acknowledgements The International
Page 13 and 14: Foreword Corruption seriously disto
Page 15 and 16: Background In 2007, the ICHRP set o
Page 17 and 18: Introduction Power, Corruption and
Page 19 and 20: (primarily government officials and
Page 21 and 22: I. Renewing Anti-Corruption Princip
Page 23: Box 2. The Principle of Non-Discrim
Page 27 and 28: corruption have direct, indirect or
Page 29 and 30: Criteria for evaluating the depth o
Page 31 and 32: Power and Participation In practice
Page 33 and 34: Recommendations ▪ ▪ ▪ ▪ ▪
Page 35 and 36: Box 4. Useful Guidelines on Public
Page 37 and 38: a justification when, for any reaso
Page 39 and 40: Between 1946 and 2009, more than 80
Page 41 and 42: accessible provision of information
Page 43 and 44: Box 6. Enhancing Upward Accountabil
Page 45 and 46: Recommendations ▪ ▪ ▪ ▪ Par
Page 47 and 48: human rights, resources and account
Page 49 and 50: Social Accountability: New Forms of
Page 51 and 52: Box 9. Collective Action for the Ri
Page 53 and 54: Each of these cases combines formal
Page 55 and 56: esponsibility to protect the rights
Page 57 and 58: to prepare and make effective use o
Page 59 and 60: freedom of association and the righ
Page 61 and 62: II. Human Rights and Specific Issue
Page 63 and 64: lead anti-corruption organisations
Page 65 and 66: Fourth, adding human rights to the
Page 67 and 68: Seen from this perspective, corrupt
Page 69 and 70: Box 16. The Right to Political Part
Page 71 and 72: that anti-corruption advocates coul
Page 73 and 74: Recommendations Measuring Corruptio
Page 75 and 76:
III. The Gender Perspective Early a
Page 77 and 78:
Box 19. Gender Mainstreaming Framew
Page 79 and 80:
The Need for Gender Sensitivity in
Page 81:
Recommendations ▪ ▪ ▪ ▪ Whe
Page 84 and 85:
Although this chapter examines thes
Page 86 and 87:
the prosecution to prove the facts
Page 88 and 89:
Special investigative techniques ar
Page 91 and 92:
Conclusions The report has included
Page 93 and 94:
Selected Bibliography Ackerman, Bru
Page 95 and 96:
Cornwall, Andrea. Beneficiary, Cons
Page 97 and 98:
International Budget Partnership. O
Page 99 and 100:
Svampa, Maristella and Sebastian Pe
Page 101 and 102:
World Bank. Assessing aid: what wor
Page 103 and 104:
About the Council The International
show all

Integrating Human Rights in the Anti-Corruption Agenda - The ICHRP

Create successful ePaper yourself

Delete template?

Save as template?