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Call for input Human Rights Council resolution 52/21 on the negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation

Issued by

OHCHR

Last updated

16 February 2024

Closed

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Purpose: To inform the expert meeting and summary report on the obstacles to the repatriation of funds of illicit origin to the countries of origin and their impact on the enjoyment of human rights, to discuss challenges and best practices in this regard and to make recommendations.

Background

The Human Rights Council resolution 52/21 on the negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation requests the United Nations High Commissioner for Human Rights to organize, before the fifty-fifth session of the Human Rights Council, a one-day intersessional expert meeting, on the obstacles to the repatriation of funds of illicit origin to the countries of origin and their impact on the enjoyment of human rights, to discuss challenges and best practices in this regard and to make recommendations, with the participation of States, the Advisory Committee and other stakeholders, and to present a report on the meeting, to the Council at its fifty-sixth session.

The Office of the United Nations High Commissioner for Human Rights welcomes any relevant information with regard to the preparation of the expert meeting and report, including:

  1. What are the main obstacles identified at the different stages of the process of repatriation of funds of illicit origin to the countries of origin? Please refer to the identified legal, practical, and institutional obstacles.
  2. What are the main obstacles encountered by requesting and requested States at the different stages of the process of repatriation of illicit funds including during:
  1. the identification and tracing of the funds.
  2. the adoption of measures to seize or freeze the funds.
  3. the confiscation of the funds.
  4. the recovery and returning of the funds.
  1. Please describe the negative impact of these obstacles and the non-repatriation of illicit funds to the countries of origin on the enjoyment of human rights, with an enhanced focus on economic, social and cultural rights.
  2. What are the main challenges faced by requesting and requested States in overcoming the obstacles to the repatriation of funds of illicit origin to the countries of origin? Please provide examples of good practices in relation to overcoming the challenges and obstacles to the repatriation of funds of illicit origin to the countries of origin.
  3. Please share what, if any, are the mechanisms in place in your country to measure illicit financial flows not only related to corruption but also to human and drug trafficking.
  4. What measures should be undertaken to ensure that returned assets are devoted to the fulfilment of human rights? Please provide information on good practices in this regard, including in relation to the establishment of managing and oversight mechanisms to ensure the appropriate use of repatriated funds.
  5. Please provide any additional examples, good practices, and recommendations in relation to the repatriation of funds of illicit origin to the countries of origin.
  6. Please provide information on opportunities for addressing and mechanisms for repatriating human and drug trafficking related illicit financial flows.

Inputs Received

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