Summary

In its resolution 46/11, the Human Rights Council requested the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, to conduct a new study, in connection with the previous relevant studies conducted by the mandate holder and the Advisory Committee, on a proposed non-binding set of practical guidelines for efficient asset recovery aiming at curbing the illicit transfer of funds and mitigating its negative effects on the enjoyment of human rights./p>

In the present report, the Independent Expert states that the accumulation of stolen assets and illicit transfer of funds to foreign jurisdictions and countries undermines State obligations to mobilize maximum available resources for the progressive realization of human rights. She presents a set of 13 draft non-binding and practical guidelines on human rights and the repatriation of State assets that are consistent with existing international human rights law in this context.

The Independent Expert believes that States are obliged to ensure the prompt repatriation of funds of illicit origin to the countries of origin and to actively participate in adopting renewed, decisive and proactive commitments to tackle the phenomenon of illicit financial flows, including tax abuse, and the ensuing negative impacts on human rights.