Proposals for a needsbased approach 24 th June 2016 Key questions Which human rights guarantees and mechanisms could be relevant How can corruption be adequately addressed within the framework of the mandates of the special rapporteurs of the ID: 545086
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Using human rights and human rights based approaches to combat corruptionProposals for a needs-based approach 24th June 2016Slide2
Key questionsWhich human rights guarantees and mechanisms could be relevant?How can corruption be adequately addressed within the framework of the mandates of the special rapporteurs of the HRC?
Should
an anti-corruption mandate be included in the international requirements for national human rights institutions?Slide3
Political questions: which human rights guarantees are relevant?Corruption an absolutely central human rights issueVast majority of violations involve corruption somehowCorruption also turns tables on ESCR or CPR debateViolation of ESCRs? SDG16 - Promote rule of law, reduce corruptionSlide4
3 questions: HRC mechanisms, SP mandates, NHRIs/national capacityIn principle: yes. HRC mechanisms could play very useful complementary role.HRC is a very flexible body: can create many different kinds of mechanism, even new kinds of SPMore flexible than, for example, the CaC and, potentially more teeth than CaC review mechanism Slide5
3 questions: HRC mechanisms, SP mandates, NHRIs/national capacityBut would a ‘run of the mill’ SP help? There is maybe normative work to be done but…HRC implementation agendaShould consider a needs-based approach: how can the HRC support States in their fight against corruption?Case studies: Guatemala and Honduras
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Some of the most common causes pointed by experts are:Weak institutions Police and judiciary: impunityElectoral and political systems: clientelism and State captureBad governance: lack of transparency and accountabilityWeaknesses in independent organs of State (e.g. judicial appointment)
Inequality, violence and poverty
Cultural factors
Rent-seeking
Tolerance
Case studies: common characteristicsSlide7
Corruption is a widespread phenomenon, though manifests differently from country to country, and sometimes even from sector to sector. Significantly, corruption in Latin-America is characterized by:Grand and systemic corruptionOrganised crimeComplex networks: intermediaries, private sector, etc.
Supported by the illegitimate use of violence
Linked with other illicit activities (i.e.
d
rug trafficking)
Common characteristicsSlide8
A complex relationship
Corruption and human rights violationsSlide9
The effects can be direct or indirect. Civil and political rights are affected by corruptionFreedom of press, freedom of expression, life, physical integrity, among others. Economic, social and cultural rights are affected by corruptionRights to health, social security, education, work.The negative effects on the enjoyment of human rights can be a direct (i.e. use of force), or indirect (i.e. deviation of public resources ends in losses of life) consequence of corruption.
Corruption and human rights violations:
A complex relationship
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Two countries have established specialized commissions with the assistance of the international communityGuatemala: CICIGHonduras: MACCIH Needs assessment: possible role of the international community Slide11
Internal armed conflict during 36 yearsThe government obliged with the Peace Agreements signed during 1994-1996 to:Counter illegal and clandestine armed groups (CIACS).Achieve the full realization of the rights of all the Guatemalan population20 years after the execution of the Peace Agreements most of the compromises therein remain unfulfilled. Needs assessment: possible role of the international communityGuatemala: The CICIG Slide12
High levels of impunityViolence The CIACSThe CIACS use violence and other intimidation techniques (i.e. murders, kidnappings, assaults to private property) to pursue their interests, and often through official institutions and power.Constant threat to the freedom of expression and freedom of association (i.e. their main target are human rights defenders, activists, and those who denounce corruption). Needs assessment: possible role of the international communityGuatemala: The CICIGSlide13
The CICIG - History: In 2000 a wave of violence and aggression against human rights defenders and activists, NGOs, and other actors. Evident that human rights violations were being performed by the CIACS in close coordination with official institutions.A coalition of NGOs, in close collaboration with the Office of the Attorney-General in Guatemala, concluded that an International Commission was necessary to counter the CIACS. They started pressuring the government for the creation of such commission. Incapacity of the state to fight crimeThe state was captured by criminal organizationsBecause it was regarded as a continuation of the Peace Agreements, the government requested support to the General Assembly. Guatemala: The CICIGSlide14
The CICIG - History: A first commission, named CICIACS, was created in 2006 but it was declared unconstitutional a few months after its establishment by the Guatemalan Constitutional Court. New wave of violence and impunity untied pressure from the civil society and the international communityIn 2007 the CICIG was created to battle impunity and fight organized crime, as a way of dismantling the CIACS.Not intended to act as an anti-corruption commission.Corruption is inherent to the functioning of the CIACS, thus the CICIG has been regarded by experts as the, perhaps only, effective anti-corruption strategy in the country. Guatemala: The CICIGSlide15
The CICIG in action: “touching the untouchables”Norm-SettingJudicial reformImplementationCapacity buildingEffective actions against impunity Investigations and prosecutionsIncluding three former Presidents, one vice-president, one attorney-general, various ministers and militaries. Awareness and publicity: Mobilize civil society Guatemala: The CICIGSlide16
Success factorsParticipation of the international communityIndependenceEnhanced technical and professional capacityAt Government’s request and cooperationWorking under the Guatemalan jurisdictionStrengthens the capacity of GuatemalaLegitimacy and sustainabilityDriven by and support of civil society“Teeth” – Capacity to enforce, take effective action.
Guatemala: The
CICIG
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. Anti-corruption strategies in Latin-AmericaSlide17
The Honduran Context: One of the highest impunity rates worldwide.One of the most violent countries in the world.The violence is linked to corruption. Organized crime has permeated the stateAfter the coup d’état of 2009, Honduras continued with high rates of violence (including violent crimes committed by the police and military), lack of judicial independence, and attacks to human rights defenders. Honduras: The MACCIHSlide18
The MACCIH - History: 2013: Biggest corruption scandal. Over USD$200.000.000 stolen from the Honduran Social Security System.Massive civil society protests, claiming the establishment of a “CICIH”. President Hernandez proposes the creation of a national anti-corruption programme. The proposal is, almost unanimously, rejected by the civil society and opposition who consider it a “trap”2015 is characterized by massive mobilization of the civil society demanding accountability and the creation of the CICIH.
Honduras: The MACCIH
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. Anti-corruption strategies in Latin-AmericaSlide19
The MACCIH - History: President Hernandez requests help to the United Nations and the Organization of American States (OAS). It was agreed that the OAS was going to support the process. The U.N. withdrew. After multiple difficult negotiations, the MACCIH was approved with most of the modifications suggested by the Honduran Government. Honduras: The MACCIHSlide20
The MACCIH in actionThe MACCIH was established on April, 2016.To early to assess its successHonduras: The MACCIH
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. Anti-corruption strategies in Latin-AmericaSlide21
Thematic item 10 Special Procedure? (Group mandate)At request for State under item 10 Not necessarily sitting, maybe ad hoc – composed according to needRoles could include: norm setting; capacity-building – government, NHRIs, corruption commissions; independent investigations; public awareness, etc. Transparency International proposals
Ideas for HRC?Slide22
Thank you.