The Civil Society Principles for the Accountable, Transparent, and Participatory Management of Frozen and Recovered Assets were developed through a collaborative process between November 2022 and December 2023 amongst civil society organizations engaged in asset recovery on the global, regional and national levels.
These are designed as high-level principles on the accountable, transparent and participatory management of frozen and recovered assets. These principles apply to both the management of assets following the imposition of sanctions or during prosecutorial and judicial processes (frozen or seized assets), and post-confiscation. When part of an international recovery, they should be read alongside other high-level principles, including the GFAR Principles and Civil Society Principles for Accountable Asset Return.
Civil Society Principles for the Accountable, Transparent, and Participatory Management of Frozen and Recovered Assets
1
An asset management mechanism should be assigned or established by law to manage and maintain the value of frozen/seized and confiscated assets. This mechanism should have clear administrative powers and transparency and accountability responsibilities.
2
Asset management mechanisms should be adequately equipped with the necessary capacity and resources to undertake their work.
3
Asset management mechanisms should meet the highest standards of transparency and accountability. They should at a minimum provide public and easily accessible information on budgets, structures, staffing and expenditure, with regular audits of their work carried out and published.
4
Proactive and timely public disclosure of accessible information on the receipt, management modalities and disposition of assets should be mandated. This should be digital where possible and available without cost.
5
National, public databases of international and domestic recoveries comprising of frozen/seized and confiscated assets should be established, available online, updated regularly, easily accessible, and in compliance with data protection measures.
6
Asset management mechanisms should have effective oversight to ensure accountability and prevent potential misuse or misappropriation of assets. This can include through procedures of parliament, by courts and supreme audit institutions, and/or by civil society. Oversight mechanisms should have the power to ensure compliance with other standards set out here.
Any oversight system or process should not replace remedies available under ordinary law, which must remain fully available, particularly for complaints over possible misuse or misappropriation of assets.
7
Broad public participation, including through independent civil society organizations, should be part of the management and disposition of recovered assets from the earliest possible point in the legal process.
This could include formal inclusion of independent civil society organizations in the oversight of asset management mechanisms.
8
Asset management mechanisms should be designed to contribute to the realization of human rights and sustainable development goals, including implementing social investment projects in the countries and communities of origin of the assets.
Civil society actors, identifiable victims and groups representing victims should be involved in decisions around the use of managed assets.