FIFTH SESSION OF COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE VIENNA, 21-31 MAY
Press Release
SOC/CP/192
FIFTH SESSION OF COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE VIENNA, 21-31 MAY
19960605 Approves Draft United Nations Declaration on Crime and Public Security; Calls for Action on Firearms Regulation, Money Laundering, Official Corruption(Reproduced as received from UN Information Service.)
VIENNA, 31 May -- Two new international instruments -- for combating organized transnational crime and official corruption -- have been approved today by the Commission on Crime Prevention and Criminal Justice as it concluded a two-week session here.
Concerning organized crime, the Commission acted to recommend that the General Assembly adopt a draft "declaration on crime and public security", the provisions of which were debated in informal consultations that lasted until the early hours of the morning.
Once given effect by the Assembly, the declaration would have States pledge to combat serious cross-border crimes, including terrorist crimes and trafficking in drugs, arms and materials for making nuclear, biological or chemical weapons, all of which have provoked increasing alarm among governments across the world in recent years. States would promise to prevent those who commit such crimes from finding a safe haven on their territories, and to secure their borders against such activities as smuggling, money laundering and passport forgery.
In a similar vein, reflecting the emphasis given at the session to the burgeoning threat of seemingly uncontrollable transboundary crime, the Commission approved a follow-up resolution to the action plan adopted in Naples in 1994 by the World Ministerial Conference on Organized Transnational Crime. By that text, the Crime Prevention and Criminal Justice Division would be charged with a broad range of activities to provide States with information and technical assistance on organized crime, and with establishment of a central repository for relevant national legislation, regulations and international cooperation agreements.
A draft "international code of conduct for public officials", providing guidance for States' efforts to combat bribery and corruption, was also approved.
All of the Commission's 15 resolutions were approved without a vote. Among the texts approved were an admonition to States to ensure that anyone facing the death penalty received a fair trial and access to recourse procedures, and a call for all countries to share information on the international traffic in children for prostitution, pornography and other illicit purposes.
Also approved was a resolution on strategic management of the United Nations crime control programme, by which fund-raising efforts would be stopped up and steps taken to limit documentation and streamline decision-making at future Commission sessions. Actions to publicize and promote broader adherence to United Nations standards and norms in the crime control field were recommended in another text.
The Commission further approved resolutions calling for steps to promote computerization of criminal justice operations worldwide and for a mechanism to mobilize resources for United Nations assistance to States in the area of crime prevention and criminal justice.
Other recommendations included that research would continue to be directed towards analysis of countries' experiences with firearms and their regulation, and strategies for the use of criminal law to protect the environment would be further developed. Practical approaches to the elimination of violence against women, preparation of a draft manual on victims' rights, and development of an international programme of action for juvenile justice were also recommended.
The Commission also issued a call for suggestions for the theme, agenda items, workshops and venue of a Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders, scheduled to take place in the year 2000 at a venue to be determined.
The 40-member Commission was established by the Economic and Social Council in 1992, replacing the Committee on Crime Prevention and Control as the major United Nations body providing policy guidance to the Organization's crime control programme, which consists of the Crime Division and a network of affiliated regional and interregional institutes.
The Commission's recommendations will be taken up at the next substantive session of the Council, to be held in New York from 24 June to 26 July.
Organized Transnational Crime
Commission members were unanimous in their concern over the complexities and rampant growth of organized transnational crime, which eluded measurement
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as well as control. In particular, representatives of States with economies in transition to a market orientation, including Romania, Poland, Kazakstan, Ukraine and Belarus, cited an alarming increase in organized crime in their countries as a side effect of opening market and borders.
Speakers in the debate on that theme expressed divergent views on the proposed development of an international instrument on organized transnational crime. Support for a new legal instrument was expressed by a number of States, including Argentina, China, Philippines, Poland and Tunisia. Some favoured such a move as a means of further enhancing the political commitment reflected in the Naples Global Action Plan. Poland announced that its legal experts were developing a draft convention on the issue. Opposing views, expressed by Australia, Canada, Finland, France, Germany and Japan, focused on the difficulties of arriving at common definitions of key concepts such as terrorism, the existence of overlapping instruments, and the already strained resources of the United Nations programme.
The Commission's concern over transnational organized crime was reflected in two comprehensive resolutions -- the draft declaration on crime and public security, and the text on follow-up to the Naples Conference. In the first, the Commission recommended transmission to the General Assembly of an 11-article draft declaration by which States would pledge a range of crime control measures aimed at protecting all persons within their jurisdictions, secure their borders against smuggling and money laundering, and strengthen the professionalism of their criminal justice, law enforcement and victim assistance systems.
Provisions include commitments by States to combat serious transnational crimes, including terrorist crimes, money laundering and trafficking in drugs and weapons; to prevent those who engage in such crimes from finding a safe haven on their territories; and to ensure that law enforcement authorities can cooperate effectively on an international basis.
States would also agree to adopt effective laws and procedures for the seizure and forfeiture of criminal proceeds, to obtain the cooperation of financial institutions in the detection of money laundering and to enforce applicable national laws against bribery and corruption. They would also commit themselves to strengthen international cooperation and technical assistance to combat a broad range of offences, including smuggling of persons, gunrunning and passport forgery.
According to the accompanying strategic management plan, the declaration would be carried out via a series of projects, including establishment of a money-laundering database, an anti-corruption programme, a programme to enhance regional cooperation against international trafficking in stolen
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vehicles, and further development of the United Nations on-line criminal justice clearing-house (UNOJUST).
In each instance, the United States would be prepared to bear part of the cost. It has already committed funds for two projects in eastern Europe and the Commonwealth of Independent States (CIS), to be implemented by the European Institute for Crime Prevention and Control (HEUNI). One is a pilot database on crime control projects, costing $100,000 and scheduled for completion by October this year. The other is an anti-corruption project involving the convening of a seminar in Budapest in 1997, for which the United States is prepared to provide $165,000.
By the resolution on the Naples Political Declaration and Global Action Plan, the Council would request the Secretary-General to carry out activities to acquaint States with the dynamics and trends of organized crime; review relevant international instruments and explore whether further ones are needed; and increase provision of advisory services and training.
The text would have the Secretary-General continue collecting and analysing information on organized transnational crime, and establish a central repository for relevant national legislation, regulations and international cooperation agreements. Member States, members of the United Nations system and concerned organizations would be urged to provide and regularly update information, including legislative and regulatory texts.
Implementation of that text is expected to entail preparation of a training manual and provision of additional conference services for working group meetings, at a total cost of $248,055, of which $38,700 in staff costs could be absorbed from existing resources. Accordingly, additional resources in the amount of $191,463 would need to be found.
Smuggling of illegal immigrants was a concern of many States and in some countries of destination, violence against such immigrants and exploitation of their vulnerable status were cited as increasingly serious problems. A draft resolution that would have called for action to combat the smuggling, including streamlined procedures for international inspection in territorial seas of vessels suspected of such activities, was advanced by the United States, but withdrawn to allow for extended discussion of other items.
The question of links between organized transnational crime and terrorism was a topic that failed to yield consensus, causing the Commission to adjourn its debate on that issue until its 1997 session. Several speakers, including Turkey, pointed to similarities between the methods and activities of organized criminal groups and terrorist groups, and called for uniform action against all violent crime, regardless of the rationale. Turkey, as well as others, cited reports of the use of proceeds from drug trafficking to fund
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terrorist activities. Canada was among those which rejected that concept, stressing the difference between the economic goals of criminals and the political goals of those described as terrorists.
While all speakers condemned terrorist crimes, some, such as Syria and Iran, stressed that actions committed in the course of a people's legitimate struggle for liberation from occupation should not be addressed in conjunction with organized crime.
Environmental Matters
The resolution approved on environmental protection recommends that Member States be surveyed on the feasibility of establishing an international court on the environment. The text would have the Economic and Social Council ask the Secretariat to continue gathering information on national and regional initiatives in environmental criminal law, and to develop a standard-setting manual for practitioners. States would be called on to make contributions to support technical cooperation activities in that area.
According to the strategic management plan accompanying the resolution, the primary activities envisaged are: the circulation of a note verbale to seek States' views, and the organization of an expert meeting on environmental enforcement, to be hosted by Costa Rica in November.
During the session, Thailand expressed support for further studies in that area, as did the Russian Federation. India proposed that "flora and fauna crimes" be the theme of a workshop at the Tenth Crime Congress. He suggested that to suppress the traffic in endangered species, as was the case with other illicit commodities, attention must be paid to reducing demand.
The Council of Europe drew the Commission's attention to a draft regional convention that envisages criminalization of serious offences against the environment and includes provisions on sanctions, reparations and corporate liability, as well as principles for international cooperation.
Corruption
Also approved was a 30-Power draft recommending that the Assembly adopt an international code of conduct for public officials. It would also ask the Secretary-General to elaborate a plan of action against corruption, and to provide increased advisory services and technical assistance to requesting States in that area. The draft code, annexed to the resolution, covers such issues as conflicts of interest, disclosure of assets and the non-acceptance of gifts of favours that might influence officials' judgement or the performance of their duties.
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During the debate on that issue, Iran called for steps to be taken to prevent multinational and foreign companies from using bribes or illegal commissions to spread corruption among public officials of developing countries, adding that corruption should be an extraditable offence. Provisions should also be made for trying those accused of corruption in their countries of refuge and for confiscating money or property obtained through corrupt practices.
Senegal proposed the elaboration of a draft regional convention that would harmonize African legislation against corruption. The Inter-Parliamentary Union stressed the value of better pay structures for public officials and an independent judiciary.
Firearms Regulation
The resolution on firearms recommends continuation of the Division's research and analysis of national experiences with firearms regulation. By that text, the Council would approve a work plan entailing the preparation this year of 50 country reports, and the subsequent development of a global electronic data bank on national regulatory measures. Following a questionnaire developed over the past year, the reports would cover each country's situation with regard to: regulations on possession and use of firearms by civilians; the legal manufacture and sale of firearms; evidence of illegal gun trafficking and smuggling; and the incidence of gun-related crimes, accidents and suicides. Envisaged for next year are the polling of additional countries, the development of the data bank and the holding of regional workshops.
The Secretariat estimates that implementation of that resolution would entail the allocation of additional resources in the amount of $355,000.
In the discussion of the issue during the session, Japan and Canada stressed the need for States to improve international cooperation in firearms regulation. A number of speakers cited recent shooting massacres in Australia and the United Kingdom. Madagascar stressed the need for regulation of firearms dealers, as did Iran, which said that not only smugglers, but producers and profiteers must be held in check.
Technical Cooperation and Assistance
Provision and coordination of technical cooperation and assistance were identified by many Commission members as the primary means by which the United Nations crime programme could respond to the needs of the international community. China, Japan, Burkina Faso, Senegal, Romania, Uganda, Indonesia, India, Canada and Cuba were among those calling for the strengthening of programme activities in that area.
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A number of States indicated that their own criminal justice plans could not go forward without that kind of assistance. In the context of transnational organized crime, it was argued that such assistance should not be regarded as a humanitarian gesture but as an act that benefited the entire community of nations.
It was repeatedly noted that demands placed on the Programme to provide assistance had expanded rapidly without a commensurate increase in resources. Accordingly, the resolution approved on that subject would have the Council explore the establishment of a mechanism for resource mobilization, and call on Member States to provide general funding as well as earmarked contributions. Japan announced a contribution of $200,000 to the United Nations Crime Prevention and Criminal Justice Fund, to be earmarked for developing systems of mutual legal assistance and extradition.
In line with current strategic management concerns and budgetary constraints, a number of Commission members, including France, Iran, Japan and the Russian Federation, reiterated the importance of coordination of technical assistance programmes among the elements of the United Nations system, as well as cooperation with other concerned organizations. The resolution calls in particular for the Crime Commission and the Commission on Narcotic Drugs to consider establishing a joint unit for technical assistance on prevention of money laundering.
Strategic Management of United Nations Crime Programme
Most of the discussion of programme management focused on the need to streamline the work in international crime matters and to clarify the programme and budgetary implications of its proposals before taking action. There was general agreement on the need to limit the number of issues identified as priorities. By one of the texts adopted on that question, the Commission decided to set up a consultative group of former officers and recent donor countries to exercise more vigorously the Commission's mandated functions of resource mobilization. Officers would meet between sessions with the officers of the Commission on Narcotic Drugs, to improve coordination between the two bodies.
Computerization of Criminal Justice Systems
The Commission also recommended action by the Council to review the States' experiences with computerization of criminal justice operations; oversee the technical cooperation programme; and assist States in designing, developing and implementing such projects.
In a discussion of programme questions, the Deputy Director of the Division advised the Commission that, due to budget cuts, the number of
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databases maintained by the Division would have to be curtailed. Those expected to be affected related to such areas as organized crime; measures for control of the criminal proceeds; application of standards and norms; use of criminal law in environmental protection; results of a survey of available training and facilities; States' needs for technical cooperation; and information relevant to the control of firearms.
Traffic in Children
The text of traffic in minors calls on States to share any information their authorities may have uncovered on the illicit traffic in children, including incidents of the misuse of international adoption agencies by criminal organizations, and to report on legislative and administrative measures they have taken to prevent and punish such traffic. The text would have the Economic and Social Council seek the further opinions of governments on the possible elaboration of a legally binding international instrument or instruments on the subject, as well as suggestions for elements to be included in such a text. Annexed to the draft are guidelines for providing the United Nations with survey data on minors identified as victims of the traffic, and the persons accompanying them.
According to a statement annexed to it, implementation of that resolution would entail conducting a survey on the protection of minors from international trafficking, and preparing a report on the findings. Information on national adoption procedures would also have to be gathered. Those activities are estimated to require $45,600 in staff costs, $27,600 of which could be absorbed from existing resources. Accordingly, $18,000 would have to be found to pay for a consultant to analyse the information received.
During the session, Canada and Germany drew attention to domestic legislation that enabled them to track and prosecute their own nationals guilty of such offences as sex tourism. Germany stressed the need for the tourism industry to assume some responsibility for that type of crime. Argentina was investigating adoption by foreigners, and had already uncovered some 120 suspicious cases. Paraguay had suspended all foreign adoptions, pending the institution of better international regulations to ensure against illicit traffic and exploitation.
A number of countries, including Portugal, supported the drafting of an international instrument to combat the illicit traffic in minors. Others, such as Finland, felt that it might be better to strengthen existing international agreements in such areas as the rights of the child and the rights of women.
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Violence against Women
The Commission approved a 35-Power text by which the Council would urge States to ensure that violence against women, whether in public or private, is recognized as a criminal matter open to public scrutiny and intervention. They would be urged to take steps to promote women's safety in the home and in society, and to ensure women's fair and equal treatment by their criminal justice systems.
The main activity of the Division under that draft would be to seek the views of Member States on a draft plan of "practical crime control measures and strategies for the elimination of violence against women".
Juvenile Justice
By another text approved, the Council would call on governments to allocate adequate resources for juvenile justice, and to avail themselves of United Nations technical assistance in that field. The High Commissioner for Human Rights would be asked to pay special attention to the subject and to work closely with other relevant elements of the United Nations system in providing technical assistance to requesting States. An expert group would meet to elaborate a programme of action for promoting the effective use and application of international standards and norms in juvenile justice. The meeting, to be held in Vienna in the coming year, would be funded by Austria.
Standards and Norms
By another text, the Commission invited governments to promote and disseminate United Nations standards and norms in crime prevention and criminal justice, and publish the Organization's compendium of standards and norms in their national languages. It also decided to establish an inter-sessional working group to examine country reports on norms and standards and recommend ways to assist States in translating those instruments into practice.
As Austria noted during the debate on the matter, it was clear that controversial opinions on the death penalty could not be harmonized at this stage. Nonetheless, the Commission approved an Austrian-initiated text on safeguards of the rights of condemned prisoners. The resolution would have the Council encourage States to ensure a fair trial in capital cases, to allow a minimum of six months for the preparation of appeals to a higher court before carrying out a death sentence, and to refrain from carrying out any execution while an appeal or recourse procedure is pending.
The text had 12 sponsors. After its adoption, Saudi Arabia expressed concern that its tone was slanted in favour of abolition.
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Also approved was a call for two expert group meetings to prepare a draft manual on the application of the Assembly's 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and to explore the feasibility of a database on promising practices and legislation in the area of victimology and victims' rights. The first meeting would be held in Washington, D.C., in August. The Netherlands has offered to host a subsequent meeting.
Preparations for Tenth Crime Congress
During the session, members expressed general satisfaction with the format of the Ninth Congress on the Prevention of Crime and Treatment of Offenders, held last year in Cairo, praising the prominence given to workshops which had increased its usefulness as a forum in which to exchange experiences and information. Several speakers, however, called for a tighter focus and a simplified agenda for the Tenth Congress.
The representative of Japan urged adherence to the four-month deadline for submission of draft resolutions to the Congress, reflecting a general concern over the volume of work. Speakers proposed continued consideration of such themes as transnational organized crime; urban violence and juvenile crime; and the administration of justice and the rule of law. Emerging topics, such as computerized crimes and environmental offences, were also highlighted.
Also approved was a resolution by which the Council would call on States to provide suggestions for the theme, agenda items, workshops and site of the Tenth Congress, asking for a tentative proposal to be presented to the Commission at its next session. As yet, no government has offered to host the Congress, except South Africa that has expressed a desire to do so if it can overcome financial difficulties that make such a prospect prohibitive at present.
Officers, Membership
The Chairman of the Commission Chairman was Tadanori Inomata (Japan). Elias Jassan (Argentina), Dariusz Manczyk (Poland) and Mohamed El Fadhel Khalil (Tunisia) were Vice-Chairmen. Matti Joutsen (Finland), was the Rapporteur.
The session was attended by 38 of the Commission's 40 members: Angola, Argentina, Austria, Belarus, Brazil, Burundi, Canada, China, Colombia, Congo, Costa Rica, Cuba, Finland, France, Germany, Hungary, Indonesia, Iran, Italy, Japan, Madagascar, Malawi, Malaysia, Mexico, Morocco, Nicaragua, Nigeria, Pakistan, Paraguay, Poland, Republic of Korea, Russian Federation, Sri Lanka, Sudan, Thailand, Tunisia, Uganda and United States.
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