Does Human Rights and Justice Matter in Anti-corruption work?

A. H. Monjurul Kabir, 28 March 2011, Bratislava

Why Human Rights & Justice Matter?Human rights creates

enabling environment for the prevention of corruption.

The Sunlight Factor (A2J & R2I).

ATI measures largely depend on HR principles and constitutional guarantees.

Freedom of ExpressionMedia Freedom-Social

media/FB Revolution!Freedom of AssemblyRight to InformationRight to participate in

the political processPrinciples of EqualityRule of Law and

Judicial safeguards the list goes on …

Bratislava 28-29 March 2011

… Why HR&J Matter?Human rights focuses on

disadvantaged & vulnerable groups & marginalized communities i.e., minorities, women, persons with disabilities, persons living with or affected by HIV etc.

Corruption threatens human rights and, in particular, the rights of the poor leading to disempowerment

The poor need legal aid, not pressure to pay bribes …

VulnerabilityWidespread

DiscriminationLimited Accessibility to

judicial institutions and legal safeguards

Greater exposure to abuse including corrupt practices

Lack of confidence in national institutions

Legal Disempowerment

Bratislava 28-29 March 2011

Realities on the Ground …Corruption in the justice

system often goes hand in hand with political interference.

Occurrence and or recurrence of Torture – Corruption breeds torture.

Inability of traditional institutional safeguards

Conflicts, frozen conflicts and post-conflicts

Rule of Law and Judicial Integrity: Collaboration between PACDE & PHASE

National Preventive Mechanism (NPM)-strengthening a visiting mechanism-CSO engagement

Strengthening of National Human Rights Protection Mechanism

Bratislava 28-29 March 2011

… Realities on the Ground Exclusion – lack of

representation in national development/development programming

Exposure of individuals who report their suspicions in good faith internally or externally

Multiple mandates and jurisdictions, lack of coordination and clarity, overlapping

Voice and Accountability require application of HRBA – Rights holders and duty bearers

Protection of Human Rights Defenders and Whistle blowers

Creating synergetic relations between ‘National Integrity System’ and ‘National Human Rights Protection System’

Engaging CSOs …

Bratislava 28-29 March 2011

What can we do?• Enhanced awareness and

advocacy to empowering people

Human Rights & AC Mechanisms – differences, complementarities

Regional and Sub-regional trends and issues

Ombudsmen and NHRIs are in some countries actively working against undue influence & other corrupt practices. - the Public Defenders in Georgia and Armenia

Joint ACHR CoPJoint work of NHRIs-AC

Agencies Piloting areas of

collaboration: investigation?

Empirical evidence and Case Studies

Partnership at National and Sub-national levels

Application of HRBA in Dev. Programming

Bratislava 28-29 March 2011

Going Beyond Minimum!• Baseline assessment of

operational linkages between AC & HR activities in the region;

• Recommendations and roadmap for developing integrated AC & HR strategic approaches and operational responses.

• Initiating a regional dialogue will help to identify the entry points for future programming.

Needs to be validated with relevant stakeholders such as national anti-corruption and human rights institutions and civil society)

If necessary workshop is to be organized back to back with the DG CoP Meeting for the ECIS region

WHAT DO YOU THINK?

Bratislava 28-29 March 2011