SPEAKERS IN CRIME COMMISSION FOCUS ON NEED FOR MEASURES TO ADDRESS VIOLENCE AGAINST WOMEN
Press Release
SOC/CP/184
SPEAKERS IN CRIME COMMISSION FOCUS ON NEED FOR MEASURES TO ADDRESS VIOLENCE AGAINST WOMEN
19960524 Differing View Voiced on Developing Treaty on Organized Crimes(Reproduced as received from UN Information Service.)
VIENNA, 22 May -- A new strategy was needed to address the issue of violence against women, the representative of Canada told the Commission on Crime Prevention and Criminal Justice this afternoon.
Noting that the emphasis thus far had been on the development of general goals for the elimination of such violence, as seen in the platform adopted by last year's Fourth World Conference on Women, held in Beijing, he urged the Commission to develop practical measures towards that end in the area of crime prevention and criminal justice. He suggested that if a large body of measures were offered to States, they would be implemented "through technical cooperation and other forms of assistance and persuasion".
Particular concern over this issue was also expressed by the representatives of Chile, Mexico and Finland. The representative of Finland commented that no Member State could truly say that it had done all it could in this area.
As the Commission concluded its debate on transnational organized crime, speakers continued to express varying opinions on the need for a convention against that phenomenon. The representative of Poland announced that his Government had prepared a draft convention, which it hoped to circulate during the next regular session of the General Assembly. The representative of Germany, however, said the time had not yet come to elaborate a comprehensive text, partly because of financial constraints. Finland found the concept "unwieldy"; France called it "unrealistic".
In connection with organized transnational crime, the Commission has been reviewing measures taken by States in response to the 1994 Naples Political Declaration and Global Action Plan adopted by the World Ministerial Conference on Organized Transnational Crime and recommendations of the Ninth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held last year in Cairo.
On money laundering, reference was made to the importance of certain provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which was adopted in Vienna in 1988.
Also this afternoon, Israel offered to host in 1997 a regional seminar on community policing, and sought advice and other assistance in the planning of the event.
Other speakers included Indonesia, Austria, Madagascar, Ukraine, Tunisia, Azerbaijan, Kazakstan, the Inter-Parliamentary Union and the International Society of Social Defence.
Discussion
SUMARYO SURYOKUSUMO (Indonesia) said a common global strategy must be adopted to combat organized transnational crime. He supported the Economic and Social Council's request that the Commission establish at this session a working group to consider the analysis of the information collected by the Secretary-General on the structure and dynamics of organized transnational crime. He also supported the proposal for a central repository for information.
He said that the structure and activities of organized crime varied from region to region, and its impact was governed by a complex array of political, economic, cultural and social factors. Accordingly, strategies to combat it must be based on improvement of national capabilities, including legislative reforms. His Government had drafted a new penal code which included provisions against money laundering and terrorism, and had established a national standing committee to coordinate efforts against transnational organized crime.
Indonesia strongly supported the Council's call for enhanced cooperation on studies relating to firearms regulation. He urged the Secretary-General to continue to collect information and consult with Member States on the implementation of national measures. Indonesia's gun control laws, which restricted the civilian use of firearms to certain professions and certain calibers, had kept the rate of crimes involving their use to a very low level. Indonesia was also preparing regulatory measures to ensure the prohibition of all forms of violence against women.
MARTIN CHUNGONG, of the Inter-Parliamentary Union, said that in tackling the causes of corruption, public officials required better social security and
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pay structures that would make corruption less enticing. It encouraged States to criminalize corruption and to develop stringent measures to combat it through stiffer penalties which would serve as a deterrence. The creation of independent courts and the establishment of auditors and ombudsmen would help ensure the enforcement of such legal measures.
He appealed to States to adapt their legislation to ensure that anyone residing on their territory who corrupted foreign public servants or authorities was punished, or at the very least extradited to the country concerned, and to make it an offence to launder the proceeds from corruption.
FERDINAND MAYRHOFER-GRUENBUEHEL (Austria) reviewed steps taken by his Government to combat money-laundering, including the preparation of a new Narcotics Code now under review in Parliament. He described the money-laundering provisions contained in his country's 1994 Banking Act, explaining that these also applied to the insurance sector.
He said that the limitations of the 1988 Vienna Convention's provisions concerning the proceeds of drug-related crimes posed a serious impediment to an effective and comprehensive struggle against money laundering. The Austrian legislation went much further and encompassed the proceeds of all significant criminal activities; it carried a minimum prison sentence of three years.
He reiterated Austria's invitation to the Director-General of the United Nations Office at Vienna to consider establishing a unit on money laundering, administered jointly by the Crime Prevention and Criminal Justice Division and the United Nations International Drug Control Programme (UNDCP).
VICTOR RAMANITRA (Madagascar) stressed the importance of international exchanges of information with regard to transnational organized crime. In that context, his Government had participated in the secretariat's surveys.
He associated himself with the remarks made yesterday by the representative of Pakistan on behalf of the "Group of 77" developing countries, especially with regard to the need to find the necessary resources for the Division's programmes.
VICTOR ARRIAGA (Mexico) described legislation his Government had enacted to give effect to the 1994 Naples Plan of Action against organized transnational crime, including measures to criminalize money laundering. He urged increased coordination between the Crime Division and the UNDCP, particularly with respect to preparations for the special session of the General Assembly on drug trafficking which was planned for 1998.
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He drew attention to the memorandum of understanding which six Central American nations had signed with the Drug Control Programme on Monday, 20 May. He also stressed the importance of codifying efforts to control violence against women and of providing for greater transparency in the work of government in order to stem corruption.
JAAKKO HALTTUNEN (Finland), commenting on the interest shown in establishing an international instrument on transnational organized crime, said many issues would have to be resolved before such a major project could be undertaken. The concept was unwieldy and the Member States had quite divergent understandings of what it would cover.
The same objectives might be reached through wider ratification and implementation of existing international instruments, he said. At the Crime Congress, Finland had raised the question of convening an expert group to explore ways of increasing the efficiency of extradition procedures and related mechanisms of international cooperation in criminal matters. Regarding the elimination of violence against women, he said no Member State could truly say that it had done all that it could. National programmes and closer cooperation among authorities, the community and key organizations were needed. It was particularly important to tackle the problem of domestic violence and to improve the treatment of victims during criminal proceedings.
International traffic in children was an important manifestation of violence against children. That phenomenon was growing and was often connected to transnational crime. However, before beginning the lengthy and arduous process of formulating an international instrument on this matter, it was important to evaluate whether the same goals could be achieved through the strengthening of existing international agreements and arrangements.
PEDRO DAVID, representative of the International Society of Social Defence, drew members' attention to a conference on corruption and related issues which would be held in November in Lecce, Italy. Among other things, the conference would address legislative and regulatory mechanisms relating to corruption, constitutional and administrative aspects of law and protection of members of the judiciary.
Corruption of officials was one of the greatest problems confronting many countries, he said. Public administration had literally been transformed into the "systematic impediment of public services" in some countries. The negative effects of corruption included economic threats, the weakening of laws and justice systems and the demoralization of society. The increasing transnational nature of crimes such as drug and arms trafficking and smuggling increase the incentives and opportunities for civil servants to be corrupted.
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Combating corruption required an integrated process, improved processes and better ethical norms among civil servants, he said, and the importance of guaranteeing an effective administrative system was the basis of any responsible government.
IVAN D. KULEBA (Ukraine) described the problems his country had experienced in recent years due to organized crime, which had assumed a transnational character. His Government had taken various steps to combat it, but the scope of the problem was such that no one nation could hope to be effective without international cooperation and coordination.
He expressed support for the Division's work, especially with regard to the provision of technical assistance and cooperation, training of law enforcement officials and organization of joint activities against money laundering. Ukraine would pursue the closest possible cooperation with other countries in fighting such crimes.
ELKI SCHMITZ (Germany) underlined that "terrorist acts" constituted serious crimes but were distinct from "organized crimes", which were committed primarily in pursuit of financial power and influence, whereas terrorism stemmed from a political or quasi-political motive. The strategies of transnational crime and terrorism could intersect. However they were distinct and separate threats which required different countermeasures. Therefore, the phenomena should be discussed and treated as distinct and separate issues in international forums.
While a comprehensive effort was needed to fight transnational crime, it was not a good time to develop a new convention, largely because of a lack of financial resources, she said. One of the great barriers to the drafting of a comprehensive convention was the lack of world-wide consensus on a definition of transnational organized crime. However, there was almost universal agreement on some of its key components.
The 1988 drug control Convention provided an excellent example of how specific sectors of transnational crime could be tackled through the drafting of specific instruments. Many States had signed and ratified the treaty, although in many cases it had not yet been effected at the national level. That showed the importance of infusing determination to make such instruments effective and to have the necessary impact on the public conscience. A United Nations declaration along the lines of the United States draft proposal for a declaration on citizens' security would certainly heighten public awareness of the evils of organized crime and terrorism and outline ways of fighting them without entailing cumbersome and time-consuming negotiations on a general conventions.
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DANIEL LABROSSE (France) began by endorsing the statement of the representative of the European Union. France had included in its domestic legislation provisions on money laundering and urban juvenile delinquency. It remained opposed, however, to the elaboration of a global convention on transnational organized crime, as that was not a realistic objective. However, it would support the negotiation of more specific texts.
He recalled that in 1991, France had signed the Council of Europe's convention on money laundering, which provided for the seizure and confiscation of the proceeds of crime. On 13 May, it had adapted its laws in conformity with that instrument. The new laws were applicable not only to the proceeds of drug trafficking, but covered all laundering of money of wrongful origin. It was necessary, however, to establish that the accused individual was aware that the funds were the proceeds of crime.
He went on to describe measures taken to control juvenile crime, with special attention to those at risk for delinquency due to social problems such as family disruption. Steps had been taken to ensure a more rapid and systematic judicial response in cases relating to minors.
It would be necessary to streamline the work of the Division, which must focus on pre-defined priorities, he said. He expressed concern over the proliferation of documentation before the Commission and supported the calls of previous speakers for adequate resources for the Division.
DARIUSZ MANCZYK (Poland) said his country was particularly interested in taking urgent action to counter the escalation of transnational forms of crime and terrorism. Poland's rapid transformation to a free market had resulted in inadequate regulations and had allowed gaps in the law. Those legal loopholes were exploited by criminals and in many instances left the State defenceless to take action and criminals with a feeling of immunity.
Along with a recent increase in criminal activity in the country, there had been a considerable number of loan frauds and suspicious flows of capital in the banking sector. Poland was addressing those issues by penalizing money laundering and limiting bank secrecy.
He urged countries to build upon the established consensus achieved in the 1994 Naples Political Declaration and Global Action Plan by specifying activities required to achieve the goals contained in those documents. In keeping with this, Poland had drafted a convention against organized crime that contained provisions addressing jurisdiction, extradition, provisional arrest, mutual legal assistance, police cooperation and exchange of information.
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ROSA MELENDEZ JIMENEZ (Chile) stressed the need to promote social action to attack structural factors, such as poverty, which created the predisposition to crime. Chile sought to create quality employment, with particular attention to young people and women, who were not always able to share in the benefits of economic growth. She described also her Government's neighbourhood safety programmes, sports programmes and efforts to limit violence on television.
In an effort to eliminate violence against women -- a phenomenon that affected one in four Chilean women -- her Government was adopting policies aimed at educating communities and encouraging an appreciation of the value of women's contribution to society.
Another problem was the abuse of minors, she said. A 1994 survey had shown that in 62 per cent of Chilean families, children were beaten by one or both parents; there were many who felt that this did not constitute ill-treatment unless it was very severe. Children were also the principal victims of sexual abuse; a 1993 study had shown that in 70 per cent of such cases, the perpetrators were parents, neighbours or family friends. Her Government had enacted laws to deal with such abuses; there was still a large problem with abandoned children, however.
MOHAMED LEJMI (Tunisia) expressed his Government's concern over increasing incidence of crimes of intolerance, including rejection of migrants and xenophobic and racist attacks. Energetic measures were needed to combat those phenomena.
He described his country's approach to juvenile crime and domestic violence. In the latter case, there were penal sanctions, but the emphasis was on conciliation and preserving family unity. Penalties were equally applicable to either spouse, as Tunisia had no special problem with violence against women.
He outlined his Government's plan of action for computerization of its criminal justice system. It would be necessary to recruit statisticians and retrain current staff. The plan would require considerable resources and it would be best carried out in the context of international cooperation, hopefully under the aegis of the United Nations.
GULZAR RZAYEVA (Azerbaijan) noted that illicit activities had become a threat to the underlying security of States, particularly those countries, like Azerbaijan, that had recently embarked upon independence.
Azerbaijan had attempted to address the rise in organized crime in a number of areas, she said. A referendum held in November 1995 had allowed the
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adoption of a new constitution which granted independence to the judiciary. Legislation addressing all areas of crime continued to be drafted.
Modern transnational criminal groups were using the latest technologies, she said. Azerbaijan required technical support to fight those groups and the growing crime rates. Azerbaijan required assistance in many areas including legislative reform, improvement in the system of criminal justice on the basis of international norms, training judicial and law enforcement personnel, improvement in the machinery for treatment of offenders and assistance with the administration of justice with respect to minors.
SIMACHROV VASILI (Kazakstan) said that his country's stability was threatened by criminal activities, which had increased drastically over the past five years. There had been a marked increase in blatant criminality, such as armed robbery, and also in latent criminality, usually linked to international elements.
He said his country was unique among the former Soviet republics in that it was a cultivation area for hashish precursors, and a serious problem with drug trafficking and abuse had developed. Between 1990 and 1995, there had been reported a 350 per cent increase in drug-related crimes, and a more than tenfold increase in the volume of drug seizures.
His Government had enacted a variety of measures to deal with the problem, but given its scope, would require intensified international cooperation and assistance.
PETER WALKER (Canada) noted that the problem of violence against women had been addressed by a number of bodies at the international level. However it had not been substantially addressed in the context of criminal law until this Commission included it as a priority item.
He urged the Commission to re-evaluate its strategy on this issue and to develop practical measures in the area of crime prevention and criminal justice to address the problem of violence against women. It could build on the general goals produced at the Fourth Conference on Women, which was held in Beijing last year. Rather than developing a document that would impose stringent obligations on States but would lack substance, he suggested the development of a document that would contain practical suggestions that would be presented to Member States for their consideration. Through technical cooperation and other forms of assistance and persuasion, the measures would be implemented.
On sexual exploitation of children, he noted that sometimes children as young as five are exploited in that manner. In some instances that occurred with the approval of the child's parents. One result of this had been an
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increase in the number of HIV cases in children. Canada had implemented a law allowing domestic prosecution of citizens who had engaged in activities connected with the sexual exploitation of children when abroad.
NAOMI SHAPIRA, Acting Director of Information Services of the Ministry of Public Security of Israel, described her country's multi-agency approach to crime. That had lately expanded to embrace community policing, with an emphasis on partnerships with the citizenry. Among those offences targeted were drug abuse, street violence, spousal abuse and crime in the schools.
Individual and group training sessions were held with police officers and community representatives, she explained. Through national networking, her Government sought to disseminate models and advice regarding "what worked". Surveys were done to evaluate public attitudes and the impact of the community policing initiatives on the incidence of crime.
Her Government was offering to host a regional seminar on community policing in 1997, she announced. Israel would be disseminating a paper on the subject to all Member States, and hoped to enlist those with wide experience in the field to join in planning the event. Her Government would also be grateful for any bilateral or United Nations assistance for the holding of the seminar.
KONRAD HOBE (Germany), commenting upon children as victims of crime informed the Commission of Germany's strategy to encourage reporting of German nationals who abuse foreign children. Travel operators, non-governmental organizations and representatives of the country of destination had been encouraged to report relevant information to the German public prosecution offices.
He said that tour operators must also accept their share of responsibility. Tourism representatives had signalled the readiness of their industry to take measures in this regard, for example by training employees to recognize the problem and by selecting and monitoring hotels. Concerning crime prevention in urban areas and juvenile criminality he noted that the Economic and Social Council had called upon States to develop, in cooperation with the programme, tried and tested crime prevention strategies that were capable of being adapted to local conditions.
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