Development - Good Governance

In recent years, a number of international documents signed under the auspices of both the United Nations and regional organizations have acknowledged the negative effects of corruption on the protection of human rights and on development. Moreover, the treaty bodies and special procedures of the United Nations human rights system in their examination of states’ compliance with international law have commented on the inability of states to comply with their obligations as a result of corruption.

Impact of corruption on human rights

Human rights are indivisible and interdependent, and the consequences of corrupt governance are multiple and touch on all human rights.

Corruption leads to violation of the government’s obligation “to take steps… to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the [International] Covenant [on Economic, Social and Cultural Rights]”. The corrupt management of public resources compromises the government’s ability to deliver an array of services, including health, educational and welfare services, which are essential for the realization of economic, social and cultural rights. Also, the prevalence of corruption creates discrimination in access to public services in favour of those able to influence the authorities to act in their personal interest, including by offering bribes. The economically and politically disadvantaged suffer disproportionately from the consequences of corruption, because they are particularly dependent on public goods.

Corruption may also affect the enjoyment of civil and political rights. Corruption may weaken democratic institutions both in new and in long-established democracies. When corruption is prevalent, those in public positions fail to take decisions with the interests of society in mind. As a result, corruption damages the legitimacy of a democratic regime in the eyes of the public and leads to a loss of public support for democratic institutions. People become discouraged from exercising their civil and political rights and from demanding that these rights be respected. Electoral fraud and corruption in the funding of political parties are other, more direct corrupt practices related to the enjoyment of civil and political rights.

In countries where corruption is pervasive in the rule-of-law system, both the implementation of existing legal frameworks and efforts to reform them are impeded by corrupt judges, lawyers, prosecutors, police officers, investigators and auditors. Such practices compromise the right to equality before the law and the right to a fair trial, and especially undermine the access of the disadvantaged groups to justice, as they cannot afford to offer bribes. Importantly, corruption in the rule-of-law system weakens the very accountability structures which are responsible for protecting human rights and contributes to a culture of impunity, since illegal actions are not punished and laws are not consistently upheld.

How human rights principles can help in fighting corruption?

Principles and institutions of human rights are essential components of successful and sustainable anti-corruption strategies. First, anti-corruption efforts are likely to be successful when they approach corruption as a systemic problem rather than a problem of individuals. A comprehensive response to corruption includes effective institutions, appropriate laws, good governance reforms as well as the involvement of stakeholders in and outside the government. Thus, the adoption of legal frameworks or anti-corruption commissions may not be effective if there is no strong and engaged civil society or a culture of integrity in State institutions. Likewise, civil activism against corruption needs the assistance of a strong legal framework and an open political system to achieve its goals.

Second, and given the above, the battle against corruption, similar to human rights projects, is often a long-term process requiring profound societal changes, which include a country’s institutions, laws and culture. Consequently, an efficient anti-corruption strategy can benefit from and be informed by key principles of human rights. Elements like an independent judiciary, freedom of the press, freedom of expression, transparency inthe political system and accountability are essential for a successful anti-corruption strategy.

The role and characteristics of institutions that have contributed effectively to anti-corruption efforts need to be identified. Furthermore, the role of the judiciary, ombudsmen and national human rights institutions in addressing corruption and the potential for their cooperation with national and international anti-corruption agencies merit examination as well. The efforts of the judiciary and the rule-of-law system in general both in advocating the adoption of relevant laws and in implementing the existing legal framework are also relevant to this discussion.

Transparency and accountability are key principles of a human rights-based approach to development that are also integral to successful anti-corruption strategies. Some of the measures that can enhance transparency and accountability and contribute to sustainable anti-corruption measures are the adoption of laws ensuring the public’s access to information on governmental processes, decisions and policies as well as institutional reforms which strengthen transparency and accountability, for example through reform in the operating procedures and decision-making processes of institutions, including elected institutions and the institutions responsible for the delivery of services.

An engaged civil society and media that value and demand accountability and transparency are vital in addressing corruption. Lessons can be learned from the experience of the human rights movements in raising civil society’s awareness of the adverse consequences of corruption and in building alliances with state institutions and the private sector in support of anti-corruption efforts. Both civil society and the private sector can play a determining role in affecting institutional reform to strengthen transparency and accountability.