ECONOMIC AND SOCIAL COUNCIL RECOMMENDS UNITED NATIONS DECLARATION ON CRIME AND PUBLIC SECURITY FOR ADOPTION BY GENERAL ASSEMBLY

23 July 1996

Press Release
ECOSOC/5679

ECONOMIC AND SOCIAL COUNCIL RECOMMENDS UNITED NATIONS DECLARATION ON CRIME AND PUBLIC SECURITY FOR ADOPTION BY GENERAL ASSEMBLY

19960723 Council Takes Action on Texts Submitted By Crime Prevention Commission and Narcotic Drugs Commission

The Economic and Social Council recommended that the General Assembly adopt a United Nations declaration on crime and public security, by the terms of one of 19 texts acted upon by the Council this morning, without a vote, on the recommendation of the Commission on Crime Prevention and Criminal Justice and the Commission on Narcotic Drugs, respectively.

By the 11-article draft declaration, States would pledge a range of crime control measures aimed at protecting all persons within their jurisdictions, securing their borders against smuggling and money laundering, and strengthening the professionalism of their criminal justice, law enforcement and victim assistance systems. The draft is annexed to a draft resolution submitted by the Crime Prevention Commission.

Prior to the text's approval, the representative of Lebanon proposed that the text be amended to balance the concerns of Member States by adding a preambular paragraph recalling the Declaration adopted by the Special Commemorative Meeting of the General Assembly on the occasion of the fiftieth anniversary of the United Nations. Adoption of the proposed amendment was supported by Syria, Pakistan, Iran, and Cuba, while Canada, Australia, Chile, Ireland (on behalf of the European Union), Japan, Argentina, United States and Jamaica opposed it. Ghana, Malaysia and Côte d'Ivoire said it was not the appropriate time to renegotiate the text; rather, that should be done when it would be taken up by the Assembly. The text was, thus, approved without amendment.

Another resolution recommended for adoption by the Assembly concerns an international code of conduct for public officials, which covers such issues as conflicts of interest and disqualification, disclosure of assets and the non-acceptance of gifts of favours that might influence official's judgement or the performance of their duties.

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By seven other texts adopted by the Council, it:

-- Requested the Secretary-General to seek the views of Member States to determine the feasibility of applying criminal law to the protection of the environment;

-- Urged the creation of an advisory steering group for strengthening of the technical cooperation capacity of the United Nations Crime Prevention and Criminal Justice Programme;

-- Urged Member States to ensure that all forms of violence against women were legislatively proscribed and that women were treated fairly by criminal justice systems;

-- Requested the Secretary-General to organize a meeting of an expert group on the elaboration of a programme of action on juvenile justice;

-- Recognized the desirability of preparing a draft manual on the use and application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power;

-- Called on Member States which had not yet abolished capital punishment to apply safeguards guaranteeing protection of the rights of those facing the death penalty; and

-- Invited governments to promote the widest possible dissemination of the United Nations standards and norms in crime prevention and criminal justice.

By two decisions, the Council approved full interpretation services for 12 informal consultations of the Crime Commission, and took note of the Commission's report and approved the provisional agenda and documentation for its sixth session.

By four resolutions adopted on the recommendation of the Commission on Narcotic Drugs, the Council:

-- Recommended that the Assembly convene a special session to consider the fight against illicit drugs for three days in 1998;

-- Requested the Executive Director of the United Nations International Drug Control Programme to continue developing the draft declaration on guiding principles of demand reduction;

-- Urged governments to maintain a balanced licit supply and demand of opiates for medical and scientific needs; and

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-- Encouraged the International Narcotics Control Board (INCB) to intensify its country programmes and requested the Assembly to allocate sufficient funding, within the regular budget, for the Board.

By the terms of four decisions adopted on the recommendation of the Commission on Narcotic Drugs, the Council approved the provisional agenda and documentation for the Commission's fortieth session; approved the applications of Kazakstan, Kyrgyz Republic, Tajikistan and Turkmenistan for membership in the Subcommission on Illicit Drug Traffic and Related Matters in the Near and Middle East; and took note of the 1995 reports of the INCB and of the Commission.

Introducing reports this morning were a representative of the United Nations Office at Vienna and the Vice-Chairman of the INCB, who discussed programme budget implications of the texts on narcotic drugs.

Statements on matters related to narcotic drugs and crime prevention were made by the representatives of the Czech Republic, Netherlands, Argentina, Colombia, Russian Federation, Japan, Costa Rica (on behalf of the "Group of 77" developing countries and China) and Jamaica. The Chief of Economic, Social and Human Rights Service, of the Division of Programme Planning and Budget, discussed the programme budget implications of the proposed special session on narcotic drugs in 1998.

Statements on the drafts before the Council were made by the representatives of Mexico, Japan, Argentina, Colombia, Cuba, Philippines and Sweden.

Also this morning, the Council heard the introduction of three draft resolutions.

The representative of Ireland introduced a draft resolution on strengthening of the coordination of emergency humanitarian assistance of the United Nations. The representative of Uganda introduced a draft on the report of the Joint and Co-sponsored United Nations Programme on HIV/AIDS. On behalf of the Group of 77 and China, the representative of Costa Rica introduced a draft on the International Decade for Natural Disaster Reduction.

The Economic and Social Council will meet again at 3 p.m. today to continue its general segment.

Council Work Programme

The Economic and Social Council met this morning to continue its general segment, focusing on social, humanitarian and human rights questions. The Council is also scheduled to hear introduction of three draft resolutions on strengthening United Nations emergency humanitarian assistance, on the United Nations Joint and Co-sponsored Programme on HIV/AIDS, and on the International Decade for Natural Disaster Reduction.

Also before the Council for action are recommendations of the Commission on Crime Prevention and Criminal Justice and of the Commission on Narcotic Drugs. Reports relating to the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination; implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples; and human rights questions are also expected to be considered.

For background on reports concerning crime prevention and criminal justice, as well as narcotic drugs, see Press Release ECOSOC/5677, of 22 July; for information on reports concerning the implementation of the Declaration on decolonization, as well as the report of the United Nations High Commissioner for Human Rights, see Press Release ECOSOC/5678, of 22 July.

Drafts for Introduction

A draft resolution on strengthening of emergency humanitarian assistance of the United Nations (document E/1996/L.33) would have the Council request the Secretary-General to submit to its 1997 substantive session recommendations for a strengthening of all aspects of the United Nations system capacity for humanitarian assistance. It would also call upon the Inter-Agency Standing Committee to adopt clear work plans, and call upon the Department of Humanitarian Affairs to provide a conference room paper on the status of the Committee's work.

The draft is sponsored by Argentina, Australia, Bulgaria, Canada, Czech Republic, Ireland, Japan, Norway, Poland, Romania, Russian Federation, Slovak Republic, Switzerland and the United States.

By a draft on the report of the Joint and Co-Sponsored United Nations Programme on HIV/AIDS (document E/1996/L.34), the Council would invite the Secretary-General to play an advocacy role in response to the HIV/AIDS threat and to report to its 1997 substantive session, and thereafter biennially, on the impact of HIV/AIDS and progress made in the fight against it. It would urge that the Secretariat participate as observer in the work of the Committee of Co-sponsoring Organizations and the Programme Coordinating Board of the HIV/AIDS Programme.

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The draft is sponsored by Algeria, Argentina, Australia, Austria, Belgium, Botswana, Canada, Cape Verde, Chile, Colombia, Côte d'Ivoire, Cuba, Denmark, Egypt, Finland, France, Germany, Ghana, Greece, Guyana, Ireland, Luxembourg, Malawi, Mozambique, Netherlands, Nigeria, Portugal, Spain, Sweden, Switzerland, Uganda, United Kingdom, United Republic of Tanzania and Zambia.

A draft resolution sponsored by Costa Rica, on behalf of the "Group of 77" developing countries and China, on the International Decade for Natural Disaster Reduction (document E/1996/L.35), would have the Council reiterate the distinct character of the Decade and reaffirm that disaster reduction is an integral part of sustainable development. The Council would call upon States and intergovernmental bodies to participate in the financial and technical activities of the Decade. The Secretary-General would be called upon to ensure adequate consideration and involvement of the International Framework of Action for the Decade in the evaluation and review of the implementation of Agenda 21 in 1997.

Anti-Racism Decade

A report of the Secretary-General on implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination (document E/1996/83) conveys information received by the Centre for Human Rights on activities undertaken or envisaged by governments and organizations to implement the Programme of Action. It states that the efforts of those organizations had alerted the international community to new forms of racism and massive violations of human rights.

The Council may wish to devote one of its sessions to the question of allocating financial and human resources to the Programme, the report states. It calls on the Council to reiterate its suggestion that a focal point within the Centre on Human Rights be appointed to coordinate the activities of the Decade.

According to the report, the very limited number of replies received by the Secretary-General on the proposal for the convening of a third world conference on racism and racial discrimination had made it necessary to call upon the Assembly to determine whether further consultations with governments were required. The report calls on governments to continue to contribute to the implementation of the Plan of Action, the implementation of which is coordinated by the High Commissioner for Human Rights.

Introduction of Drafts

HELEN BROWNE (Ireland) introduced the draft resolution on strengthening of the coordination of emergency humanitarian assistance of the United Nations.

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HAROLD ACEMAH (Uganda) introduced the draft on the report of the Joint and Co-sponsored United Nations Programme on HIV/AIDS. He said that Kenya, South Africa, Italy and Thailand had joined as co-sponsors.

ANA PATRICIA CHAVES (Costa Rica), on behalf of the Group of 77 and China, introduced the draft on the International Decade for Natural Disaster Reduction.

Statements

SYLVIE BRYANT, Chief, New York Office of the United Nations Office at Vienna and the United Nations Drug Control Programme, introduced the Secretary-General's report on the implementation of the United Nations System- wide Action Plan on Drug Abuse Control (document A/51/129-E/1996/53).

[In its resolution 48/112, of 20 December 1993, the Assembly requested that the System-wide Action Plan on Drug Abuse Control be reviewed and updated on a biennial basis. At its 1995 session, the Administrative Committee on Coordination (ACC) requested its Subcommittee on Drug Control to prepare a more operational plan of action based on multi-agency sectoral and/or subsectoral plans of action. That new approach calls for inter-agency collaboration at the planning stage and is an incremental process. The Secretary-General's report contains a condensed version of the first six of those plans of actions, as follows: drug abuse prevention in the school environment; drug abuse prevention among children and youth in especially difficult circumstances; drug abuse prevention among rural youth; drug abuse prevention in the workplace; women and drug abuse: the gender dimension; and assessment of drug abuse: data collection.]

She said the Council had recognized that the past approach towards drug combat needed to be strengthened. Also, strong support for drug control had been expressed by the ACC. In addition, the Subcommittee on Drug Control had identified a number of themes to be acted on. The Secretary-General's report summarized the first six plans of action. It symbolized only the beginning of the fight against drugs, but could develop into a truly effective tool for the Organization.

HERBERT OKUN, Vice-Chairman of the International Narcotics Control Board (INCB), said international drug control was crucial and that had been recognized by heads of State and government in the commemoration of the fiftieth anniversary of the Organization. However, the resources were not in line with that recognition. He stressed that the Assembly's Fifth Committee (Administrative and Budgetary), at a recent meeting, had decided that two additional posts should be made available in the INCB. However, even that minor increase had not been implemented. Without the allocation of resources, there would be an ever-widening gap between words and resolutions.

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NADEZDA HOLIKOVA (Czech Republic) said she understood the difficulty that the Secretariat faced in the preparation of documents. However, the INCB report had been issued only one day prior to the Council discussion. The efforts of the INCB to tackle sale and trafficking of drugs were of value, she said, expressing support for the INCB activities. The idea of one resolution per agenda item should be considered, she added.

R. AQUARONE (Netherlands) said document E/1999/38 contained a summary of the report of the INCB. The original report had been produced before the recent session of the Commission on Narcotics Drugs in April. It had referred in places to the situation in the Netherlands and critical comments had been included regarding the fulfilment by Netherlands of its treaty obligations. Those allegations had been effectively rebutted in Vienna, and he referred Council members to the statement made on that occasion by his country. Moreover, representatives of the INCB had been invited to the Netherlands to dispel any misunderstanding.

MARTIN GARCIA MORITAN (Argentina) said the subject of organized international crime was an issue of international concern. It was important that the Secretary-General continued to gather information from delegations to be included in efforts at crime prevention. Argentina had worked in the area of combating trafficking in children. He also stressed that the Secretary- General should continue to gather information for a future convention on trafficking in children. Coordination in activities directed at crime prevention was of prime importance.

SANDRA ALZATE CIFUENTES (Colombia) highlighted the need for open reflection in the Council. She stressed the importance of coordination and cooperation in the activities of the Commission with other United Nations bodies in order to avoid duplication.

ILYA I. ROGACHEV (Russian Federation) said that the Council should focus on transnational crimes, money laundering, corruption and terrorism. Organized crime now appeared to be more aggressive, using new weapons, and was trying to gain access to strategic materials. His Government had developed a new legislative infrastructure aimed at the financial aspects of organized crime. The efforts of States to combat crime would not bear fruit without cooperation at the regional and global levels.

KIKUKO KATO (Japan) said that the Council should generate momentum for the special session of the Assembly dedicated to the problem of illicit drugs to be held in 1998. Her Government agreed with the INCB that more concerted international action was required. Effective implementation of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances represented real progress. As the drug control programme was a priority, the United Nations International Drug Control Programme should be provided adequate resources.

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Regarding crime prevention and criminal justice, she said that while her Government was ready to make voluntary contributions to the Crime Prevention and Criminal Justice Trust Fund, that programme should receive an adequate share of the regular budget.

EMILIA CASTRO DE BARISH (Costa Rica), speaking on behalf of the Group of 77 and China, said that the Assembly had noted the relevance of crime prevention and criminal justice to sustainable development. In that regard, the Assembly had decided that the Crime Prevention and Criminal Justice Branch should be elevated to a division, headed by an executive at the D-2 level. That had been deemed necessary in light of the growing requests for assistance from that unit. That programme had achieved important results with minimal resources; she hoped that the reclassification of the post for the head of the Crime Division would be given effect.

ANGELA BROWN (Jamaica) said that her Government appreciated the work of the Commission on Crime Prevention and Criminal Justice in its priority areas. The extensive work done in addressing elements of transnational crime, such as economic crimes, money laundering and corruption, were particularly appreciated. Jamaica was committed to the Naples Political Declaration and Global Action Plan against Organized Transnational Crime, she said. Her Government would fully participate in regional and global initiatives aimed at combating crime. Her Government strongly supported the Commission's work regarding violence against women.

The United Nations' financial and technical capacities in the area of drug abuse deserved support, she said. Her Government endorsed the idea of a special session of the Assembly dedicated to the problem of illicit drugs scheduled for 1998.

Action on Crime Prevention Drafts

Next, the Council took up the report of the Commission on Crime Prevention and Criminal Justice, containing 12 draft resolutions and two draft decisions for action. It first considered two draft resolutions being transmitted to the Council for adoption by the Assembly.

Draft resolution I, on action against corruption, was adopted without a vote.

The Council then took up draft resolution II, on a United Nations declaration on crime and public security.

The representative of Lebanon said that the text of the draft declaration could be improved in such a way as to make it more acceptable by the international community. All the concerns of Member States should be delicately balanced. He proposed the following preambular paragraph:

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"Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations...".

The representative of Syria said that deliberations on the draft declaration had been very difficult. His Government endorsed the views of Lebanon.

The representative of Canada said that the declaration had indeed been difficult to negotiate. Now was not the time to propose amendments.

The representative of Australia endorsed the view of Canada. The declaration was finely balanced; she opposed any changes in its wording at the present stage. Any changes now would upset the balance of the text, re-opening it for revision.

The representative of Chile said that his Government also believed that the consensus on the draft had been achieved after difficult negotiations. Any changes would upset the balance.

The representative of Pakistan said that his Government endorsed the proposal of Lebanon to amend the draft.

The representative of Ireland said that the European Union was opposed to the re-opening of the text. It had been approved after comprehensive discussion in the Commission.

The representative of Japan endorsed the adoption of the draft without the amendment.

The representative of Argentina said that his Government also opposed the amendment.

The representative of the United States said that the draft resolution had been the outcome of many hours of work in the Crime Commission. However innocuous proposed changes might appear, they would upset the balance of the text and result in its renegotiation.

The representative of Ghana said that the text had been delicately negotiated and approved by capitals. The Council did not have time to debate the question.

The representative of Iran said that deliberations on the draft in the Commission had been awkward due to a lack of time. It had been approved only on the final night of the session at 2 a.m. At the Commission, it had been understood that the draft would be discussed by the Council. He had no objection to the proposal of Lebanon.

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The representative of Cuba said that it fell within the mandate of the Council to amend any proposals of its functional Commissions that it saw fit to. The proposal of Lebanon was acceptable.

The representative of Malaysia said that her Government agreed in principle with the concerns expressed in support of Lebanon's proposal. But the right time and place to take up the amendment would be in the Assembly.

The representative of Jamaica endorsed the draft resolution as approved by consensus in the Commission. It should not be amended.

The representative of Côte d'Ivoire said that the Lebanon amendment should be taken up in the Assembly.

The representative of Lebanon thanked delegations that expressed support for his proposed changes. The text had indeed been the result of extensive negotiations. If there was room to improve it, everyone's concerns should be included.

The draft on the United Nations declaration on crime and public security was then approved without a vote.

Next the Council began consideration of draft resolutions recommended by the Commission for adoption by the Council.

Draft resolution I, on the role of criminal law in the protection of the environment, was adopted without a vote.

Also adopted without a vote was draft resolution II, on international cooperation in the management of the criminal justice system.

Draft resolution III, on the elimination of violence against women, was then adopted by the Council without a vote.

Next the Council took up draft resolution IV, on measures to prevent illicit international trafficking in children.

The representative of the United States said, in view of the late issuance of the document, and in view of the fact that resolutions IV and V had financial implications, the discussions on those resolutions should be postponed.

The Council took up draft resolution V, on implementation of the Naples Political Declaration and Global Action Plan against Organized Transnational Crime.

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The representative of United States reiterated that she wanted a postponement of consideration of draft resolution V.

The representative of Japan said the draft resolution did not correctly reflect what had been adopted in the Fifth Committee.

The representative of Lebanon said the proposal of Japan could be postponed for consideration by the Assembly.

The representative of Canada said Japan was not suggesting an amendment to the text. Instead, it was asking for a correction of the text to reflect what was actually adopted at the Commission. Also, she asked for time to consult with her capital. She suggested that the discussion on the resolution be postponed as requested by the United States.

The representative of Japan requested the Secretariat to check if the text reflected what had been adopted at the Commission.

The Council then postponed consideration of draft resolutions IV and V.

The Council then considered draft resolution VI, on follow-up action on firearms regulation for the purpose of crime prevention and public safety.

The representative of the United States asked for postponement of action on the draft due to its financial implications.

Action on draft resolution VI was postponed.

Next, the Council adopted without a vote draft resolution VII, on the administration of juvenile justice.

Further, it adopted, without a vote, draft resolution VIII, on the use and application of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

The Council then considered draft resolution IX, on safeguards guaranteeing protection of the rights of those facing the death penalty.

The representative of Japan pointed out to mistakes in the corrigendum to the draft resolution.

Ms. BRYANT, of the United Nations Office at Vienna, acknowledged the mistake in the corrigendum and said it would be corrected.

Draft resolution IX was then adopted without a vote.

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The Council the adopted without a vote draft resolution X, on United Nations standards and norms in crime prevention and criminal justice.

Further, it adopted without a vote draft decision II, on the report of the Commission on Crime Prevention and Justice on its fifth session and the provisional agenda and documentation for its sixth session; and draft decision I, on organizational work for the sixth session of the Commission on Crime Prevention and Criminal Justice.

Action on Narcotic Drugs Drafts

ALI KHAMIS, Chief, Economic, Social and Human Rights Service, Division of Programme Planning and Budget, said that the programme budget implications of the proposed special session on narcotic drugs in 1998 would be considered in the context of the proposed programme budget for the next biennium.

The Council then took up the report of the Commission on Narcotic Drugs, containing six draft resolutions and four draft decisions.

Draft resolution I, on the special session to consider the fight against illicit drugs for three days in 1998, was adopted without a vote.

The representative of Mexico said that her Government took the idea of the special session very seriously. Broad support had been shown during the Council's high-level segment for the holding of the special session.

The representative of Japan said that the Assembly should consider measures to discuss the traffic in stimulants and their precursors during the special session.

The representative of Argentina said that he hoped that the next session of the Assembly would approve the convening of the special session.

The representative of Colombia expressed satisfaction at the adoption of the draft.

The representative of Cuba hoped that the special session of the Assembly would be successful.

The representative of the Philippines also endorsed the convening of the special session.

Draft resolution II, on a draft declaration on guiding principles of demand reduction, was also adopted without a vote.

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The Council postponed action on draft resolution III, concerning action to strengthen international cooperation to control precursors and their substitutes used in the illicit manufacture of controlled substances, and on draft resolution IV, on measures to combat the diversion of psychotropic substances pending analysis of their programme budget implications.

Draft resolution V, on opiates for medical and scientific needs and supporting traditional supplier countries, was adopted without a vote.

Draft resolution VI, on strengthening the role of the INCB and development of a unified information system for the collection and analysis of data, was also approved without a vote.

The representative of Colombia said that better analysis of information was essential to fighting illicit drug trafficking. The work of the United Nations system in that regard should be balanced.

The Council then approved without a vote the four draft decisions concerning the following: the provisional agenda and documentation for the Commission's fortieth session; the applications of Kazakstan, Kyrgyz Republic, Tajikistan and Turkmenistan for membership in the Subcommission on Illicit Drug Traffic and Related Matters in the Near and Middle East; and the 1995 reports of the INCB and of the Commission.

The Council then took note of the report of the Secretary-General on the United Nations System-wide Action Plan on Drug Abuse Control (document E/1996/53).

Other Statement

The representative of Sweden, speaking on crime prevention and criminal justice, said that his Government had joined consensus on the resolution regarding safeguards for those facing the death penalty. The death penalty was an "inhuman punishment" which could not be justified under any circumstances and should be abolished.

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