17th IACC

CONTEXT:

Asset recovery has emerged as a major global concern. The United Nations Convention against Corruption (UNCAC) emphasizes asset recovery as one of its primary principles, which all member states should strive to support. Repatriation of stolen assets can also have a significant development impact. It is also included in the main target of the SDGs' Goal 16, which attempts to significantly reduce illicit financial flows and strengthen the recovery of stolen assets by 2030.

However, asset recovery is a difficult process even under ideal circumstances, and is routinely complicated by specific conditions in each countries. Moreover, the existence of an international treaty is surely not enough to ensure the effective enforcement of a law, especially for asset recovery that has a cross-border nature. Besides the difference of jurisdictional system among states, there are many challenges encountered in the context of each country's legal practice; such as transforming global commitment into domestic law, inter-agency coordination at the domestic level, differences in legal systems, and also the interest of the country where the asset is located.

Experience has also shown that asset recovery is complex; you need evidence to identify and pursue claims to stolen assets. Evidence can be compromised because of a lack of technical expertise in the investigation, compounded by a politically biased or inexperienced judiciary in asset recovery, or can be affected by issues of state sovereignty. This presents a real logistical challenge when it comes to prosecuting and recovery stolen assets. It requires international, state and civil society support.

Political institutions such as the Parliament has a strong role in providing measures to translate the international agreed asset recovery frameworks into national legislations, helping international process on asset recovery and developing the transparency and accountability of the returned assets utilizations.

It also requires those who are working in generating political support to bring the issue at the forefront of public discussion such as Parliamentarians and civil society activists.

This session will discuss the options available at international, bilateral, national and civic levels that can advance the recovery of stolen assets.

As GOPAC advocates for international prosecution of grand corruption cases, the international prosecution of corruption will also be explored, and ways to redress the development loss caused by the corrupt.

OBJECTIVES:

1. To further understand the basic principles of asset recovery and its international legal frameworks as well as the possibility of actions to face the impunity of the corrupt.

2. To elaborate more on the role of political institution such as Parliament in ensuring that effective legislative frameworks are in place to bring asset recovery measures in power.

3. To consider emerging trends on the link between the return of stolen assets and human rights and the enforcement of state obligations

4. Understanding who might have standing to bring claims, in civil actions undertaken both by the state where there is political will and on behalf of the victims where there is no political will.