Does Human Rights and Justice Matter in Anti-corruption work? A. H. Monjurul Kabir, 28 March 2011, Bratislava

1. Does Human Rights and Justice Matter in Anti-corruption work? A. H. Monjurul Kabir, 28 March 2011, Bratislava

2. 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 Expression • Media Freedom-Social media/FB Revolution! • Freedom of Assembly • Right to Information • Right to participate in the political process • Principles of Equality • Rule of Law and Judicial safeguards the list goes on … Bratislava 28-29 March 2011

3. … 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 … • Vulnerability • Widespread Discrimination • Limited 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

4. 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

5. … 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

6. 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 CoP • Joint 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

7. 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