This case study explains how the Peruvian State used its non-conviction based forfeiture law, extinción de dominio, to recover a Swiss bank account containing illicit kickbacks paid for the purchase of war planes.

This case was the first of a series of cases between Peru and Switzerland involving Peru’s extinción de dominio law, which enables the confiscation of illicit assets in cases where a criminal conviction of an individual is not possible or desirable. It has paved the way for other proceedings, some of which are still pending in the tribunals.

Business, conservation, anti-corruption, global trade, compliance and risk management. International law, organised crime enforcement, standard-setting, political economy analysis and social norms. The inaugural Corrupting the Environment dialogue used all these lenses to examine the “vicious triangle” that undermines sustainable development: corruption, illicit trade and environmental degradation.

Gemma Aiolfi, Head of Compliance and Collective Action, will explore some thorny areas of anti-corruption and human rights risk assessment and compliance during a forthcoming virtual “pre-evening dialogue” of the UN Global Compact Network in Switzerland and Liechtenstein.

The focus is on small and medium-sized enterprises (SMEs) with limited resources to address due diligence, and more broadly compliance risks. The topic, though, is relevant to all companies who need to address both corruption and human rights risks in their international business operations.

This report presents the findings of a study regarding the types of Collective Action Initiatives (CAIs) that have formed around anti-slavery and anti-corruption that operate in 15 particular countries, and further focuses on characteristics identified both in terms of what makes initiatives effective. The study was funded by the UK Department for International Development.

Mark Pieth, Founder of the Basel Institute on Governance and author of the book Gold Laundering, offers an insight into the risks of human rights and environmental harms in gold supply chains. Where are the risks and responsibilities?

Collective Action with gold refiners, suppliers and other stakeholders, he concludes, can help to clean up the industry.

The Basel Institute's Vice-President, Prof. Dr. iur. Anne Peters, has published an illuminating paper on "Corruption as a Violation of International Human Rights". 

Published in the European Journal of International Law, the article asks two basic questions:

  • Can we legally view corruption as a violation of human rights?
  • Should we?

Peters' clear writing and examples make this an essential read for anyone concerned about corruption, human rights and the link between the two.

States perceived to be highly corrupt are at the same time those with a poor human rights record. International institutions have therefore assumed a negative feedback loop between both social harms. They deplore that corruption undermines the enjoyment of human rights and, concomitantly, employ human rights as a normative framework to denounce and combat corruption. But the human rights-based approach has been criticized as vague and over-reaching.