CRIME CONTROL COMMISSION HEARS CALL FOR WORLD ENVIRONMENTAL COURT

Press Release
SOC/CP/182

CRIME CONTROL COMMISSION HEARS CALL FOR WORLD ENVIRONMENTAL COURT

(Reproduced as received from UN Information Service.)

VIENNA, 21 May -- Costa Rica has called for the establishment under United Nations auspices of an "International Court of the Environment" to adjudicate international environmental disputes, punish international environmental crimes and help States to interpret international environmental agreements.

The Costa Rican representative made this proposal in the Commission on Crime Prevention and Criminal Justice, as the Commission continued the discussion of priority themes begun this morning. These priorities, determined at the Commission's first session in 1992, include not only the role of criminal law in environmental protection, but also transnational organized crime, economic crime, urban crime prevention, juvenile and violent crime and improvement in the efficiency and fairness of the administration of criminal justice.

Also this afternoon, the representative of Pakistan, speaking on behalf of the "Group of 77" developing countries, urged the Commission to request the General Assembly, in the context of its current review of the Secretary-General's cost-saving proposals, to exempt the Crime Commission from budget cuts so that key programmes would not be curtailed or postponed.

The representative of Egypt called for an international legal instrument against terrorism. The representative of Tunisia concurred, expressing grave concern over the rise of extremist groups that were organizing themselves into crime syndicates.

Other speakers -- including representatives of Pakistan (taking the floor also in its own capacity), the Russian Federation, the Republic of Korea, Syria, Uganda, Romania, Chile, Pakistan, South Africa, Venezuela, Canada and Sudan -- focused mostly on the issue of transnational organized crime. While there was general agreement on the need for strengthened

cooperation to combat this phenomenon, opinions varied as to the viability of a proposed international convention on the subject.

(For background on the session, see Press Release SOC/CP/180, issued 21 May.)

Discussion of Priority Themes

MUSUMA HASAN (Pakistan), on behalf of the "Group of 77" developing countries, expressed serious concern about the United Nations' financial crisis. Without the necessary capacity in terms of human and financial resources, the crime programme could only make limited impact on problems related to crime. The range of tasks to be fulfilled in the near and longer term, necessitated mobilizing more resources to build and maintain the institutional capacity of the programme to respond to requests of Member States for assistance.

The Commission should request the General Assembly, which is now considering the Secretary-General's cost-saving proposals, to grant an exception regarding crime control, to ensure that mandated activities are not affected.

IGOR KOZHEVNIKOV (Russian Federation) said that in recent years, there had been dangerous growth in organized crime. One in six criminal groups had been found to have international links, and one in 10 had a link to corrupt officials. Citing increasing incidence of kidnapping, hostage-taking and criminal explosions, he described new legislation now before his country's Parliament.

He said that it was only by joint international efforts that transnational organized crime could be effectively combated. In line with what had been agreed in 1994 in Naples, there must be harmonization of national legislation and codification of international legal norms. An international convention against organized crime was an aspiration for the future; in the meantime, bilateral agreements should be concluded. The United Nations might facilitate the preparation of model agreements in that regard.

The 40 recommendations of the Financial Action Task Force established by the Group of Seven major industrialized countries and the European Commission would provide a good framework for further work against money laundering, he said.

MOSTAFA EL FEKI (Egypt) stressed his Government's commitment to combating organized transnational crime. It had enacted harsher penalties for drug trafficking and allowed banks to waive confidentiality provisions in instances where there was irrefutable proof of the criminal sources of the

- 3 - Press Release SOC/CP/182 23 May 1996

funds that were deposited. In addition, the rights of the child were fully guaranteed under Egyptian law.

It was high time to enact an international legal instrument to combat terrorism, he said, recalling President Hosni Mubarak's call for a global conference on the subject. Political asylum should not be invoked to shield terrorists, and Member States must not allow their territories to be used to harbour or train terrorists.

MAUREEN CLARKE (Costa Rica) urged the Commission to support the creation of an "International Court of Justice for the Environment". It was not too late to avert a global catastrophe, she said, provided real steps were taken to ensure sustainable use of the environment. She stressed her own country's commitment in that regard. It had amended its constitution to include the right of its citizens to enjoy an ecologically balanced and healthy environment.

Costa Rica had also set up an environmental tribunal and taken various legal measures to prevent and punish "eco-crimes", she said. It sought to reserve 27 per cent of the national territory for "bioreserves", as part of the common heritage of humanity. It had adopted international and regional instruments on climate change, biodiversity and desertification.

She said there was a need for an international court -- a standing body of the United Nations -- with the competence to adjudicate environmental disputes, punish environmental crimes and interpret international norms in this area. Existing bodies were not capable of fulfilling those mandates. Costa Rica wished to host an international expert meeting in November of this year, with a view to providing a technical basis for that proposal.

HO-JIN LEE (Republic of Korea) called for a joint response to transnational organized crime in his region. Recent economic growth and inter-dependence among countries had provided a good environment for criminal organizations to thrive. There was a need for the Asia and Pacific region to develop joint strategies and improve mechanisms for cooperation. A workshop, similar to the one held in Buenos Aires last year, could be convened for that purpose.

His country supported raising the world community's strong political commitment to a legally binding level possibly via a new convention. However, the concerns raised by some countries in that connection should be duly addressed. Consensus on the desirability and feasibility of a convention should be sought; otherwise, discussions on elaboration of such an instrument would become an inefficient exercise.

Violence against women had become an issue of pressing importance, he said. Special laws in his country were in force that were designed to

- 4 - Press Release SOC/CP/182 23 May 1996

prevent crimes of sexual violence and protect the victims of such violence. Canada's draft resolution on this topic should be adopted during the session.

RIAD SIAGE (Syria), discussing the links between transnational organized crimes and terrorist crimes, said that his country condemned all terrorist activity. An international conference should be convened that would address the definition of terrorism to define criminal acts from the legitimate acts of people fighting for their rights and for occupied lands. Any discussion or resolution on an international definition of terrorism should therefore not include the legitimate struggle of peoples for liberation against colonialism, racism and occupation.

JOSEPH A. ETIMA, Commissioner General of Prison of Uganda, reported that an absence of laws, lack of accountability and disrespect for individual rights had been among the causes of the economic malaise in Uganda. Unless those political conditions were improved, no economic strategy could succeed in reversing decline. The recent democratization of the country was an important factor in the current economic growth.

Of particular concern to his country was corruption, he said. Uganda was advocating a series of measures that would increase the capacity of States for the prevention, detection, investigation and prosecution of corrupt practices. Initially, States should appoint an Ombudsman, create a public awareness campaign, allow a free press, and review and reorganize the structure and procedures of the public service.

He announced the convening of an African Prison Conference that would address penal conditions and the need for rehabilitation and alternative sanctions. The event would be held in Uganda in September.

DUMITRU MAZILU (Romania) said that in the countries of Central and Eastern Europe, organized transnational crime was closely tied to massive political dislocation. A crucial factor in the emergence of organized crime and drug trafficking in those countries was the weakness of the new systems. Romania was taking steps to strengthen its criminal justice system and update its institutions, and was working with experts from the Division in that regard. However, since organized crime had become a global problem, it could only be dealt with by strong cooperation among all Member States.

He drew attention to the Inter-Parliamentary Conference held in Bucharest last October; it had adopted a resolution on parliamentary action to fight against corruption, calling for international cooperation in that area.

HECTOR MUNOZ (Chile) stressed the importance his Government attached to the principle of prevention by deterrence. He outlined the roles of the police, the judiciary and the penal system, and reforms envisaged in each. He

- 5 - Press Release SOC/CP/182 23 May 1996

drew attention to legislation enacted in recent years to combat money laundering and drug trafficking.

In Chile, there had never been any intelligence linking drug trafficking to terrorism, he said. Political terrorist violence had been tangibly reduced, with political rights and freedoms fully respected by police. He drew attention also to steps taken to prevent illegal traffic in undocumented aliens, and to strengthen the legal basis for protection of the environment.

J.H. MOHSIN (Pakistan) expressed concern that while organized crime was increasing, funding for international countermeasures was decreasing. The Commission should not only attempt to reduce the level of financial cuts but should try to increase the funds allocated to the Division.

Experiences with organized crime had been unique in Pakistan because of the war in Afghanistan. While this had resulted in gun running, the proliferation of illegal drugs and terrorism, the Government of Pakistan was resolved to put priority on the fight against organized crime. Accordingly, Pakistan had focused on cooperation with other States which had resulted in the development of a number of bilateral treaties and streamlining the extradition of criminals. Particularly in the area of crime associated with the production of illegal drugs, Pakistan had worked closely with its neighbours.

He urged countries to increase coordination and cooperation among themselves. Crime, he noted, was often more organized than international efforts to combat it. The spirit of the 1994 Naples Declaration needed to be realized in terms of practical realities.

NOZIPHO JOYCE MXAKATO-DISEKO (South Africa) said that the legacy of apartheid -- a weak and fragmented criminal justice system -- combined with acute economic deprivation to undermine the rule of law in her country. The majority, having had no say in the making of the laws, were disinclined to respect them. Meanwhile, the laws' precarious moral foundation provided a disincentive to the rule of justice, even for the minority who had participated in their formulation. The previous government's efforts to pursue regional solutions to crime problems had been "based primarily on bullying", she said.

Nonetheless, her Government was making significant strides in establishing legitimacy and credibility for the criminal justice system. It was transforming both the culture and structures of the system. It had demilitarized its correctional services. It was party to a Joint Protocol with the Southern African Development Conference on the suppression of drug trafficking.

- 6 - Press Release SOC/CP/182 23 May 1996

She said South Africa was considering becoming a member of the United Nations African Institute for the Prevention of Crime and Treatment of Offenders, and hoped that the question of the Institute's funding could be resolved. Comprehensive legislation that would address loopholes in her country's existing legislation on money laundering was about to be tabled in Parliament.

DEMETRIO BOERSNER (Venezuela) remarked that corruption, as an abuse of public office, had a long history in his country, where it had begun during the colonial period, when poorly paid public officials were exposed to corruption offered by foreign companies. When Venezuela began its development into a modern democratic system it was closely tied to a struggle against corruption and continued to place great importance on the fight against crime in public office.

Venezuela, with many of its neighbours, had recently drafted and signed a regional treaty on corruption. The Convention highlighted the connection between corrupt officials and drug-related activities. It outlined measures to be taken by each State including classifying "illicit enrichment" as a crime. While respecting domestic legislation, the Convention streamlined extradition procedures between countries and addressed banking regulations.

LILIANA LONGO (Canada), on the question of the need for a global convention on organized crime, suggested that scarce resources should be used to work on other priorities where immediate practical impact could be measured. Experience had shown that it would be difficult to achieve a consensus on a broad range of issues for a legally-binding convention. In fact, clear consensus existed in the Naples Political Declaration which specified that countries must work together in the fight against transnational organized crime. The negotiation of a convention could result in the weakening of concerted efforts to implement the Naples Action Plan against organized transnational crime.

Practical measures could be undertaken to implement the Action Plan with regard to the use of computers and telecommunications in transnational crime. Other areas that could be addressed include joint training, technical assistance and cooperation, joint operations against common targets, assistance in arrests, and the seizure and confiscation of criminal proceeds. Also desirable would be the development of asset-sharing agreements, witness protection arrangements and enhancement of international cooperation in many areas.

While Canada recognized similarities between methods and activities used by terrorists and organized criminals, there were important differences between the two activities, she said. Terrorism was underpinned by political objectives while organized crime was driven by the desire of individuals to make money. Accordingly, discussion of the links between those activities

- 7 - Press Release SOC/CP/182 23 May 1996

should recognize that certain issues pertaining to terrorism were beyond the scope of discussion on organized crime.

MOHAMED LEJMI (Tunisia) said his country was seeking to keep pace with international norms developing in response to the evolution of transnational organized crime. It would be useful for the United Nations to set up a database on national experiences with such crime, and to draw up model legislation, especially with regard to judicial cooperation among Member States.

He said that international instruments were needed to deal with transnational organized crime, and with terrorism. These would serve to harmonize national policies and consolidate international commitments to mutual assistance and extradition. Prosecution and sentencing would also be facilitated.

He expressed concern over the rise of extremist, racist groups which were organizing themselves into international crime syndicates. Terrorist acts must not be considered as political offences; their perpetrators should not be accorded the right of asylum. Tunisia attached particular importance to education efforts aimed at promoting tolerance and respect for differences in society.

ABDEL RAHMAN IBRAHIM ELKHALIFA (Sudan) said the developing and least developed countries were easier prey for organized crime. They had limited finances, technical resources and experience in security matters. Social pressures and poverty also combined to create an environment in which crime could thrive. In addition, those countries were often large, with long borders, which made them even more inviting for international organized criminals. Nevertheless the efforts employed by Sudan, despite its limited capacity, had allowed it to combat organized crime in a number of areas.

Because of the country's strong family structure and the religious beliefs, there was minimal violence against women. However, this issue was being watched closely by the Government, he said. He supported the position of the Group of 77 regarding the funding of the United Nations crime programme and expressed concern about the financial situation of the Division.

* *** *