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

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▪ ▪ Civil society activists and donors should seek to diminish the corrupt influence of private money on elections and examine the merits of prohibiting corporate funding, establishing caps on individual contributions and expanding public electoral subsidies. Here, again, using a human rights discourse may assist in building political support. Policy-makers and other anti-corruption actors should establish horizontal and social accountability mechanisms that identify and act to prevent vote-buying practices. Provision of Essential Services ▪ ▪ ▪ Anti-corruption activists should draw on human rights experience and practice regarding both the provision of economic, social and cultural rights such as the rights to health, housing, education, water and sanitation and accountability mechanisms and state duties. The human rights legal framework provides tools for enforcing social, economic and cultural rights and preventing corruption. Use of human rights standards with regard to service provision (availability, accessibility, acceptability, adaptability) can sharpen analysis of corruption and assist officials and anti-corruption professionals to establish essential services that meet public need, free of corruption. A focus on entitlements will draw the attention of anti-corruption programmes to accountability mechanisms, including effective complaint procedures. 54 Integrating Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities
III. The Gender Perspective Early anti-corruption programmes assumed that corruption was gender-neutral and affected men and women in the same way. On this assumption, policies concerning corruption applied equally to men and to women. Over the last 30 years, however, new analyses have shown that women – and also other groups subject to discrimination, such as indigenous peoples and ethnic and sexual minorities – suffer distinctive forms of exclusion and oppression and that public institutions reproduce gender inequality if policies are not put in place to prevent this. Where women are not in a position to challenge corruption, clientelism or patriarchal practices, they tend to be marginalised (i.e., less involved than men in decision-making and less able than men to access resources) and are often subject to exploitation and sexual abuse or violence. 65 Though it is now widely understood that corruption impacts women and men differently, at present very few anti-corruption programmes promote a gender perspective. 66 The inclusion of human rights criteria in the design and monitoring of such programmes would cause anti-corruption organisations to take account of gender and be aware more generally of minority concerns. Box 18. What Does It Imply to Incorporate the Gender Perspective? According to the ILO Gender Equality Tool, “Mainstreaming a gender perspective is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in any area and at all levels. It is a strategy for making the concerns and experiences of women as well as of men an integral part of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres, so that women and men benefit equally, and inequality is not perpetuated. The ultimate goal of mainstreaming is to achieve gender equality”. From the foregoing, it is evident that mainstreaming is far from merely adding a “woman’s component” or a “gender equality component” into a project, but encompasses the active involvement of women and men, bringing their unique experiences, knowledge and interests to a particular project. The ultimate goal for gender mainstreaming is to ensure the “transformation of unequal social and institutional structures into equal and just structures for both men and women”. Source: International Labour Organization (ILO), 2002, quoting ECOSOC. 65 “Patriarchy” refers to systems of masculine dominance in the public or private spheres that perpetuate men’s privileges and the subordination of women. Patriarchal values portray male power and privilege as normal and natural, rather than socially constructed. 66 See, for example, Schimmel and Pech, 2004. Integrating Human Rights in the Anti-Corruption Agenda: Challenges, Possibilities and Opportunities 55
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Integrating Human Rights in the Ant
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Contents Acknowledgements Foreword
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Acronyms ACHPR ACHR AIL ALAC CAT CC
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Acknowledgements The International
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Foreword Corruption seriously disto
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Background In 2007, the ICHRP set o
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Introduction Power, Corruption and
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(primarily government officials and
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I. Renewing Anti-Corruption Princip
Page 23 and 24: Box 2. The Principle of Non-Discrim
Page 25 and 26: of several key rights. To participa
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: Recommendations Measuring Corruptio
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
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