UN DECLARATION ON CRIME AND PUBLIC SECURITY APPROVED IN THIRD COMMITTEE
Press Release
GA/SHC/3378
UN DECLARATION ON CRIME AND PUBLIC SECURITY APPROVED IN THIRD COMMITTEE
19961106 Member States Urged to Combat Serious Transnational Crime, Including Organized Crime, Drug Trafficking, Smuggling, TerrorismThe General Assembly would adopt a United Nations Declaration on Crime and Public Security, under the terms of a draft resolution approved without a vote this afternoon by the Third Committee (Social, Humanitarian and Cultural).
Member States would be urged to take all appropriate measures to combat serious transnational crime, in accordance with the 11-article Declaration. Under the Declaration's provisions, States would, among others, take measures to eradicate: organized crime; trafficking in illicit drugs, arms and people; smuggling; terrorism; and money laundering. States would also agree to promote regional and global enforcement cooperation and assistance to apprehend and prosecute persons guilty of serious transnational crimes.
Also this afternoon, the Committee continued its general debate on racism and self-determination.
The representative of Indonesia noted that financing for the 1994-1995 biennial programme of action of the Commission on Human Rights had not been provided. According to the General Assembly, unless a supplementary financial effort was made, very few activities planned for 1994-1997 would be carried out. Clearly, he said, there was a discrepancy between what the Assembly considered to be an issue of the highest priority and the action being taken in response.
The representative of Pakistan said the recommendation by the Committee on the Elimination of Racial Discrimination regarding self-determination was skewed and biased. It selectively quoted from the Declaration on the Principles of International Law, and it glossed over the right to self- determination of peoples under colonial or other forms of alien domination or foreign occupation.
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Recent world events required a redefinition of the principle of self- determination, the representative of the Russian Federation said. So-called self-determination was often an act of primitive separatism, or an aggressive nationalism, to create a State for one ethnic group and force out other groups. Self-determination only reached its true purpose when the entire population of a territory enjoyed all its rights fully and took part in the process.
Statements were also made by the representatives of Nepal, Malaysia, Turkey, Albania, Sudan, Australia, Brazil and Angola, as well as the observer for Palestine.
The Committee will meet again at 10 a.m. Thursday, 7 November, to continue its general debate on racism and racial discrimination.
Committee Work Programme
The Third Committee (Social, Humanitarian and Cultural) met this afternoon to take action on a draft resolution on crime prevention and criminal justice. It was also expected to continue its discussions on the elimination of racism and racial discrimination and the right of peoples to self-determination. (For background, see Press Release GA/SHC/3376, of 5 November.)
By the terms of a draft resolution on a United Nations Declaration on Crime and Public Security (A/C.3/51/L.11), the General Assembly would urge Member States to take national and international measures to combat transnational crime and to ensure that the Declaration is observed and implemented in accordance with their national legislation. It would also ask States to stimulate public awareness of and participation in crime prevention.
The 11-article Declaration, attached as an annex to the text, would have Member States seek to protect the security and well-being of their citizens and people within their jurisdictions, by taking effective measures to combat serious transnational crime, including: organized crime; trafficking in illicit drugs, arms and people; smuggling; terrorism; and money laundering.
States will agree, among other things, to promote regional and global enforcement cooperation and assistance to apprehend and prosecute persons guilty of serious transnational crimes. They will also: take measures to extradite or prosecute transnational criminals; agree to combat and prohibit corruption and bribery; take measures to prevent criminal organizations from operating in their territories; and improve measures to detect and interdict the movement of criminals across borders and protect their territorial boundaries. The Declaration urges States to become parties to international drug control conventions and to the principal international anti-terrorism treaties as soon as possible.
Statements
MOHAN KRISHNA SHRESTHA (Nepal) said his Government was firmly committed to the Charter obligations to promote and protect fundamental rights for all, without distinction as to race, sex, language or religion. The greatest achievement in the recent past was the dismantling of the regime of apartheid in South Africa. But there was much to be done until all forms of racism and discrimination, including xenophobia, were erased from the world. His Government appreciated the report of the Special Rapporteur of the Commission on Human Rights, which provided information on broad areas of his mandate. However, he would have welcomed a more focused report with in-depth assessments and specific recommendations for the global elimination of racism and other forms of discrimination.
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Violence against women and children, particularly in conflict situations, had dramatically increased, he said. The heinous crimes committed in Bosnia and Herzegovina, and the genocide and massacre currently being committed in the Great Lakes region were the results of intolerance, hatred and prejudice. The international community could not remain indifferent to such atrocities and must exert every effort to put an end to such crimes against humanity. The United Nations, including its relevant specialized bodies, should play a great role in carrying out a special plan of action, and the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination, contained in the annex to General Assembly resolution 49/146, should be implemented with adequate resources.
HUSSIN NAYAN (Malaysia) said his Government disagreed with the Special Rapporteur's approach in his report, which had been tabled as document A/51/301. It relied mainly on quasi-governmental agencies and non- governmental organizations as sources. In particular, he found the Special Rapporteur's reference to articles in the international press inappropriate, considering the propensity of the press for slanted and biased views. Reliance on such sources, and the fact that the report was prepared without the benefit of first receiving the views and explanations from the governments named therein, had placed the validity of his conclusions and recommendations into question.
In compiling a credible report, the Special Rapporteur should have utilized primary and authoritative sources of information, he said. The report should not have been presented to the General Assembly. His Government, and others, would have gracefully accepted the Special Rapporteur's explanation for failing to submit such a report without any questions. Due to various inaccuracies in the report, he was left with no other alternative but to study the report in detail. Therefore, he was unable to support the Special Rapporteur's conclusions and recommendations.
He reaffirmed his Government's support for the right of the Palestinian people to an independent and sovereign State, he said. His Government was concerned with the assertion that States were patronizing the services of mercenaries for illegitimate purposes. If countries were to eliminate the menace of mercenaries, concerted and collective efforts were needed to formulate and enforce laws against their recruitment, financing, transit and use. He supported the convening of a meeting of experts to examine the question of mercenaries and their activities.
AHMET ARDA (Turkey) said 3 million Turkish citizens lived abroad and contributed to the prosperity of the countries where they lived. His Government was concerned with the rising trend in xenophobia, which usually victimized alien people. The United Nations must concentrate its efforts on combating contemporary forms of racism. Since reports on missions to France,
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Germany and the United Kingdom were not available in all working languages, the Commission on Human Rights had deferred consideration of the reports until its next session. The facilities provided for other special rapporteurs on human rights should not be denied to the Special Rapporteur on contemporary forms of racism and racial discrimination, xenophobia and related intolerance.
He welcomed the efforts being made by countries to strengthen legislation by adding new offences or by considering racial motives as aggravating factors in criminal cases. He also welcomed efforts by the European community to combat racism, as outlined by the President of the European Union yesterday. But those efforts were too little and too late for the Turkish citizens who lost their homes and their lives in Karlsruhe, Germany, a few days ago, following an arson attack.
PELLUMB KULLA (Albania) said his country, through its peaceful policy and constructive position towards the conflict in the former Yugoslavia, had contributed to the international community's peace efforts. However, despite the admirable progress reached in Bosnia and Herzegovina, the situation in Kosova remained grave. No progress had been made in finding a solution for the Kosova problem which, after Bosnia and Herzegovina, was the most critical issue in the Balkan crisis.
Albanians, who were the overwhelming majority of Kosova's population, continued to be subjected to repression by the Serbian police and military, he said. The authorities in Belgrade had not yet taken the steps necessary to end the human rights violations of Albanians. In the first nine months of the year, 12 Albanians died at the hands of the police and other repressive organizations. Kosova had its own distinct territorial, political, ethnic, cultural and economic identity. Until 1989, when it was stripped of its autonomy, it enjoyed a high level of self-governance, presiding over the Presidency of the former Yugoslav Federation. In a 1991 referendum, 99 per cent of participants voted in favour of Kosova's independence. His Government insisted that the Kosova problem be resolved through negotiations between the legitimate representatives of the Albanian people of Kosova and the Belgrade authorities, in the presence of a third international party.
SHAHIRA HASSAN A. WAHBI (Sudan) said alarming new forms of racism and xenophobia had been seen in recent years, including violence against refugees and immigrants and the desecration of houses of worship in many parts of the world. The spread of those phenomena and other forms of racism must be contained. Racism and racial discrimination, as embodied in those alarming phenomena, entailed various consequences that would affect all people in one way or another. Her Government deplored those forms of racism. They must be monitored and contained using all means available, including the incorporation of material in the educational curricula in schools and universities.
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Her Government called upon all States to fund the work of the Special Rapporteur. It also supported the recommendation of the Special Rapporteur to convene world conferences on immigration and racism, discrimination, and xenophobia. Her Government believed that it was unthinkable to accuse Islam of barbarism and link it to racial violence and terrorism. Islam was innocent of those accusations.
The right to self-determination should not be used as a pretext for interference in the internal affairs of States, she said. Her Government agreed with the statement yesterday, which said, "Lopsided interpretations of the principle of self-determination, especially the use of so-called determination as a pretext to undermine the territorial integrity and unity of a country, will only aggravate ethnic conflicts and social turbulence and threatened world peace and security". African States had declared, through the Organization of African Unity (OAU), that States must abide by colonial borders. Any change of those borders would disintegrate the African fabric, inflame the seeds of sedition and destabilize peace and security.
SUTJIPTOHARDJO DONOKUSUMO (Indonesia) said the Commission on Human Rights had expressed deep regret that the financial resources for implementation of the 1994-1995 biennial programme of action were not provided. The problem of financial resources for effective and sustained measures must be overcome. The General Assembly had decided, in resolution 50/136, that the international community and the United Nations should give the highest priority to programmes for combating racism and racial discrimination.
The resolution also noted that unless a supplementary financial effort was made, very few of the activities planned for 1994-1997 would be carried out, he continued. Clearly, there was a discrepancy between what the Assembly considered to be an issue of the highest priority and the action being taken in response. He was "seriously concerned" over the inconsistency surrounding the issue and with the dismantling of the focal point for the programme of action. Indonesia was a country of religious and ethnic diversity and it attached great importance to ensuring respect and tolerance of other groups and peoples. Fortunately, Indonesia's historical evolution had resulted in tolerance that had unified the country. His Government rejected racial discrimination and religious intolerance and condemned racial or ethnic superiority.
AHMAD KAMAL (Pakistan) said the tendency to equate Islam with fundamentalism and terrorism was a dangerous development. There were fascists and extremists in every nation and in every religion, and to target only Muslim nations encouraged malicious designs against the peaceful Islamic people. The concepts of terrorism and extremism were totally alien to Islamic religion and tradition. In addition, the phenomenon of the caste system had
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been swept under the carpet. Countries should address the issue of caste systems openly, to mitigate the suffering of millions of people near Pakistan in South Asia who lived lives of bondage and discrimination.
The Indian Government's comments on the Committee's concluding observations contained fallacies, he said. First, the claim that Jammu and Kashmir was part of India was not true. Jammu and Kashmir is a disputed territory recognized as such by the United Nations. Second, the so-called parliamentary elections held in May 1996 in Indian-held Kashmir were neither free nor fair. Those elections were conducted by the Indian army through coercive means. The international media reported on the fraudulent nature of those elections, which were organized by the Indian authorities in contravention of the existing resolutions of the United Nations Security Council.
The recommendation by the Committee on the Elimination of Racial Discrimination regarding self-determination was skewed and biased, he said. It selectively quoted from the Declaration on the Principles of International Law, and it glossed over the right to self-determination of peoples under colonial or other forms of alien domination or foreign occupation. The Committee should draw upon all existing resolutions of the Security Council, General Assembly and the established legal opinion to make a definitive recommendation on self-determination, so it could comprehensively and adequately address the legal and juridical implications of that norm of international law.
SOMAIA BARGHOUTI, observer for Palestine, said the violation of human rights, including the right to self-determination, posed a serious threat to the freedom and dignity of human beings and contradicted the principles and norms of the Universal Declaration on Human Rights and the United Nations Charter. Combating inequality and oppression and securing the rights to self-determination should be among the international community's top priorities. More serious and concrete action was needed, especially for people living under alien domination or foreign occupation.
The Palestinian people still suffered from discrimination, oppression and denial of their right to self-determination, she said. Hoping to end the Israeli occupation and the harsh conditions endured by the Palestinian people, the Palestine Liberation Organization (PLO) had, as a matter of principle, engaged in all levels of the peace process and was committed to the implementation of the agreements signed with Israel. Unfortunately, recent developments had not been positive. The peace process was facing serious difficulties, resulting from the measures and policies of Israeli Prime Minister Benjamin Netanyahu. The actual situation on the ground and the conditions of the Palestinian people had deteriorated. It would take
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collective and serious efforts by all the parties concerned to save the process and achieve its goals.
BRUCE REID (Australia) said last week a parliamentary motion on racial tolerance and immigration was passed with bipartisan support in the Australian House of Representatives. The motion confirmed the country's support of an absolutely non-discriminatory immigration policy and society free of racism. It also reaffirmed the Parliament's commitment to the process of reconciliation with Aboriginal and Torres Strait Islander people, as the country addressed their profound social and economic disadvantage. In addition, the motion reaffirmed the desire to maintain Australia as a culturally diverse, tolerant and open society, united by an overriding commitment to the country's democratic principles and values. Australia valued the important contribution that immigrants from all over the world had made to the country's social, cultural and economic development.
The 1993 Native Title Act was one of the most significant steps in addressing the rights of indigenous Australians, he continued. The Act gave unambiguous recognition and protection to Native Title in Australia where it continued to exist. The Government was currently reviewing the Act to ensure it met the needs of both indigenous and non-indigenous Australians. A 1997 ministerial summit would aim to renew the Government's commitment to reducing the rates of indigenous deaths in custody and incarceration. An evaluation of the Racial Discrimination Act had begun to ensure it addressed systemic discrimination, enhanced dispute resolution and was more accessible and effective.
CARLOS MOREIRA GARCIA (Brazil) said in August his Government presented its thirtieth periodic and consolidated report to the Committee on the Elimination of Racial Discrimination, pursuant to article 9 of the Convention on the Elimination of All Forms of Racial Discrimination. Completed with the cooperation of the Centre for Studies on Violence at the University of Sao Paulo, the report demonstrated the Government's willingness to challenge some of the problems that affected the society. It also reaffirmed Brazil's commitment to eradicate all forms of racism and racial discrimination as a precondition for equal access to the benefits of citizenship, as well as the full enjoyment of democratic rights.
Self-determination was an inalienable right for people under colonial and other forms of alien domination or foreign occupation, as recognized in the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights in 1993, he said. Brazil had consistently supported the struggle of those peoples to exercise their will and determine their own destiny. However, acts bent on fragmentation or separatism and based exclusively on ethnic considerations must not be condoned. Also,
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self-determination must not be invoked against States under legitimate governments that fully respected the democratic principles and protected the rights of minorities.
ALEKSEI ROGOV (Russian Federation) said racial discrimination and racism were taking on new forms, which made it difficult for countries to take corrective measures against them. Minorities were the most vulnerable members of the population, and more and more were falling victim to those activities. United Nations activities in combating racism should adapt to realities and be augmented by methodological approaches.
Preventing international dissension was particularly important to the Russian Federation, which was a large, multi-cultural State with more than 100 peoples living within its borders, he said. Social and economic difficulties had created a series of complex problems between some peoples, but serious work had been done to address them. Important steps to develop and consolidate efforts had already been taken, including ensuring rights to minorities through national policy. Full rights and social and national development for all Russian peoples had also been legally ensured. The international community could not remain passive to racism, racial development and xenophobia, in any manifestation, he said.
The right of peoples to self-determination was one of the most delicate items on the agenda and recent world events required a redefinition of the concept, he said. Often so-called self-determination was actually an act of primitive separatism, which threatened global stability and peace, as well as human rights. Primitive separatism entailed fomenting an ideology of aggressive nationalism to create a State for one ethnic group, forcing out groups that were seen to be non-indigenous. Self-determination only reached its true purpose when the entire population of a territory enjoyed all its rights fully and took part in the process. Forms of realizing self- determination included federalism and national cultural autonomy, upon which the Russian Federation was built.
ALFONSO VAN-DUNEM "MBINDA" (Angola) said his Government was actively involved in the elimination of racism, for which it had paid a high price in the past. His country had been occupied from 1975 to 1976 following an invasion by the apartheid regime in South Africa. However, while the occupation ended, institutional racism was far from over. The massive movements of immigrants in search of a new way of life caused tensions. There were thousands of refugees in his country and laws prohibited any discriminatory treatment of them. But there were also laws against illegal immigration. During the past few months there had been a crack-down on illegal immigrants and his Government took absolute responsibility for its measures. Since the crack-down, inflation had gone down, the exchange rate was under control and the economy was on the rise.
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Angola had been one of the main victims of mercenary activity aimed at overthrowing the Government, he said. Its fight against mercenary activities was reflected in its participation in the drafting of a proposed international convention against mercenary activities. It also had its own laws against mercenary activity. Referring to the report of the Special Rapporteur of the Commission on Human Rights on such activity, he said his Government had concluded an agreement with a security company to help it protect the facilities of a diamond mine against the constant threats from armed groups. His Government did not have any links with any mercenary activity. He invited all Angolan citizens who wished to contribute to the country's development and who respected its laws to return.
Action on Draft Resolution
The Committee took action on the draft resolution on the United Nations Declaration on Crime and Public Security.
The Secretary of the Committee read the following revision: in footnote 3, the number of the resolution cited should read "A/49/159.".
The Committee approved the resolution, as orally revised, without a vote.
The Committee decided that no action would be taken on draft resolution A/C.3/51/L.3, in light of the adoption of draft resolution A/C.3/51/L.11. Also, the amendment to draft resolution A/C.3/51/L.3, contained in document A/C.3/51/L.5, was withdrawn by the sponsor.
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