THIRD COMMITTEE MEMBERS DETAIL DRUG AND RELATED CRIME PROBLEMS

Press Release
GA/SHC/3532

THIRD COMMITTEE MEMBERS DETAIL DRUG AND RELATED CRIME PROBLEMS

Countries that had once been seen as merely transit points for illicit drugs had become drug consumers, the representative of Antigua and Barbuda, speaking on behalf of the Caribbean Community (CARICOM), told the Third Committee (Social, Humanitarian and Cultural) this morning. The Committee concluded its general discussion on issues related to crime prevention, criminal justice and international drug control.

The young, comprising the largest proportion of the CARICOM population, were being drastically affected by the traffic in narcotics, that representative added. As a result, CARICOM Governments faced daunting financial and technical challenges in treatment and rehabilitation of the addicted.

Many speakers pointed out that the increase in drug addiction worldwide was, in great part, due to the availability of drugs that could be easily made with ready-to-use chemicals in clandestine laboratories anywhere in the world. The representative of San Marino said the alarming spread of amphetamine-type stimulants such as “ecstasy” and “ice” needed to be addressed and noticed that the risks for producers of those dangerous drugs were lower than those for cocaine and heroin dealers.

The representative of Turkey said the profits from drug-related activities was the most important source of financing for terrorist activities. Groups of thugs facilitated the spread of the two transnational crimes, drugs trafficking and the crimes related to them, the representative of Kyrgyzstan said. He added that the only way to deal with such forceful groups was through international research to enable their identification.

The Taliban’s justification for poppy cultivation, by demanding lucrative alternate crops before putting a halt to poppy growing, clearly demonstrated its reluctance to engage in the global fight against illicit narcotics, the representative of Afghanistan said.

Statements were also made by the representatives of Kazakhstan, Lao People’s Democratic Republic, Thailand, China, Qatar, Fiji, Libya, Trinidad and Tobago, Cameroon, United Arab Emirates, Haiti, Colombia, Iran and Pakistan.

The Committee also heard the introduction of three draft resolutions on issues related to the advancement of women. The drafts that were introduced were

Third Committee - 1a - Press Release GA/SHC/3532 18th Meeting (AM) 20 October 1999

on traditional or customary practices affecting the health of women and girls; improvement of the situation in women in rural areas; and on the Convention of the Elimination of All Forms of Discrimination against Women.

The Committee will meet again tomorrow, 21 October, at 10 a.m. to begin its general discussion on issues related to the elimination of racism and racial discrimination and the right of peoples to self-determination.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural), met this morning to conclude its present consideration of questions related to crime prevention, criminal justice and international drug control. (For background information, see Press Release GA/SCH/3527 of 15 October.)

The Committee had before it a number of draft resolutions to be introduced.

By an 81-Power draft on Traditional or customary practices affecting the health of women and girls (document A/C.3/54/L.13) the Assembly would emphasize the need for technical and financial assistance from United Nations funds and programmes, international and regional financial institutions, and bilateral and multilateral donors for developing countries working to eliminate those practices. Also, it would emphasize the need for assistance by the international community to non-governmental organizations and community-based groups active in that field.

Also by that draft, the Assembly would call upon States to ratify or accede to the relevant human rights treaties, in particular, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. In addition, it would call upon States to respect fully their obligations under any such treaties to which they are parties.

The General Assembly would call upon States to implement their international commitments in that field such as those under the Beijing Declaration and Platform for Action of the Fourth World Conference on Women, the draft states. Also, the Assembly would call upon States to collect and disseminate basic data about the occurrence of traditional or customary practices affecting the health of women and girls; to adopt and implement national legislation and policies prohibiting those practices and to prosecute the perpetrators; to establish support services to respond to the needs of victims; to establish a concrete national mechanism for the implementation and monitoring of relevant legislation; and to intensify efforts to raise awareness of and to mobilize international and national public opinion concerning the harmful effects of those customary practices.

Also by that draft, the Assembly would, among other things, call upon States to promote the inclusion of discussions of the empowerment of women and their human rights in primary and secondary education; to promote men’s understanding of their roles and responsibilities with regard to promoting the elimination of harmful practices; to involve community leaders and organizations in publicity campaigns; to take specific measures to increase the capacity of communities, including immigrant and refugee communities to prevent those practices; to explore alternatives to traditional or customary practices; and to cooperate closely with the Special Rapporteur of the Subcommission on the Promotion and Protection of Human Rights on traditional practices affecting the health and women and girls.

Further, the Assembly would request the Secretary-General to report to the Assembly at its fifty-sixth session on the implementation, with a special focus on recent national and international developments, including examples of national best practices and international cooperation.

By a 48-Power draft resolution on the Convention on the Elimination of All Forms of Discrimination against Women (document A/C.3/54/L.17), the General Assembly would, among other things, urge States parties to the Convention to make all efforts to submit their reports on the implementation of the Convention and to cooperate fully with the Committee in the presentation of their reports.

Also by that draft, the Assembly would urge States parties to the Convention to take appropriate measures so that acceptance of the amendment to article 20, paragraph 1, of the Convention by a two-thirds majority of States parties could be reached as soon as possible, in order for the amendment, allowing the Committee two sessions annually, to enter into force. In addition, the Assembly would emphasize the need to ensure adequate financing and staff support for the effective functioning of the Committee, including for the dissemination of information.

Introduction of Draft Resolutions

The representative of the Netherlands introduced the draft resolution on traditional or customary practices affecting the health of women and girls (document A/C.3/54/L.13). Algeria, Barbados, Belarus, Brazil, Burkina Faso, Colombia, Côte d-Ivoire, Cuba, Egypt, Georgia, Guinea, Honduras, Iraq, Madagascar, Mongolia, Nigeria, Republic of Moldova, Saint Lucia, Sri Lanka, Swaziland, Ukraine, Uruguay, Mali and Mauritania were added as co-sponsors of the draft.

The representative of Mongolia introduced the draft on improvements of situation in women in rural areas (document A/C.3/54/L.15). Benin, Guinea, Kyrgyzstan, Sri Lanka and Ethiopia were added as co-sponsors of the draft. (See Press Release GA/SHC/3551 of 19 October for summary of text.)

The representative of Norway introduced a draft on the Convention of the Elimination of All Forms of Discrimination against Women (document A/C.3/54/L.17). Bhutan, Cyprus, Guatemala, Kyrgyzstan, New Zealand and Slovakia were added as co- sponsors of the draft.

Statements

YERZHAN KAZYKHANOV (Kazakhstan) said the international convention against organized transnational crime would become a firm foundation in international law for a common struggle against crime. The protocols would be an effective mechanism for national measures to suppress the most dangerous types of offence. The growing scale of crime and drug trafficking was jeopardizing the achievements of Kazakhstan’s democratic social transformation and economic liberalization.

He said a global strategy to strengthen international cooperation in preventing and suppressing the corruption associated with organized crime was obviously needed. Having overrun the limits of national frontiers, organized crime was a serious threat to international and regional security. It was necessary to incorporate into the draft convention on transnational crime a set of measures to combat corruption.

KHENTHONG NUANTHASING (Lao People’s Democratic Republic) said his country was part of the “infamous ‘Golden Triangle’ area in which the opium poppy cultivation has, for centuries, been deeply rooted in the economic and social life of the local people”. His country was the third highest opium producing country in the world. It had, for years, been fighting the illicit production and trafficking of narcotic drugs. In 1998, more than 400 offenders had been arrested and 379 kilogrammes of raw opium had been seized.

A six-year programme by the United Nations International Drug Control Programme (UNDCP) proposed to utilize $80 million in new investment in the opium growing districts and to enhance ongoing and new projects that had complementary objectives in poverty alleviation, he said. His Government was determined to translate that programme into reality.

HARON AMIN (Afghanistan) said his country remained one of the few where the opium poppy was illicitly cultivated in massive quantities. According to the UNDCP, the production of illicit drugs had doubled to 4,600 metric tons this year. “The Taliban’s justification for poppy cultivation, by farmers by demanding alternate lucrative crops before putting a halt to growing poppy, clearly demonstrates their reluctance to even engage in positive rhetoric and unconditional campaign in a global fight against illicit narcotics”, he emphasized.

The Taliban’s “ambiguous but deliberate drug politics” had undermined the UNDCP’s project on alternative development, he said. The poppy production in his country accounted for 75 per cent of the world’s illicit opium. Since the UNDCP had not seen any action taken by the Taliban to reduce the production of opium, it had focused on creating a security belt around his country, tightening its borders in order to control the flow of drugs. The Islamic State in his country remained convinced that it was vital that the UNDCP carry out its work.

PATRICK LEWIS (Antigua and Barbuda), speaking on behalf of the Caribbean Community (CARICOM), said CARICOM countries had once been seen as merely transit points for illicit drugs, but now were becoming ever more susceptible to international traffic in illicit drugs. The young, comprising the largest proportion of the CARICOM population, were being drastically affected by the traffic in narcotics. As a result, CARICOM Governments faced daunting financial and technical challenges in treatment and rehabilitation of the addicted.

With regard to the administration of justice, he said there was growing concern in the CARICOM States concerning seeming attempts to erode the individual legislative principles calling for the administration of capital punishment in response to certain crimes. That was of concern because abolition of the death penalty would bring grievous suffering to the relatives and friends of the victim or victims and would impact negatively upon society. The CARICOM Governments took seriously their obligations in administering justice. They could not afford the wanton exercise of criminal activity capable of disrupting the stability of societies. Wanton murder was a most disruptive occurrence in any society and such acts could have spill-over effects onto neighbours.

With the expansion of trade in narcotics, of terrorism and of other blatant violations of legal and moral principles, he said CARICOM people were crying out for a just punishment that would protect them from the violators of human rights and the rule of law. The CARICOM people had demonstrated a profound need for a deterrent to base criminality. Anything less than the existing punishment for wanton murder would cause them to rise up in protest.

APIRATH VIENRAVI (Thailand) said he had already spoken on behalf of the Association of South-East Asian Nations (ASEAN) and now wanted to state what Thailand had done to tackle drugs and drug-related problems. He said his country’s most serious concern lay in the spread of methamphetamine. It was a cheap, easy-to-carry drug that could spread easily. It was widely used among truck drivers and labourers. It was given to youngsters from broken homes. Those people, representing Thailand’s future, were most vulnerable.

The total trade in methamphetamine in Thailand was estimated to be worth more than $1 billion annually, he said. The world’s drug business had become so lucrative it involved money laundering, which helps finance the very existence of the drug world. Thailand had enacted an anti-money laundering law, which had taken effect in August.

LI SANGU (China) said her Government had approved the formation of a national committee for drug control and had established an anti-drug foundation. It had also established import-export verification mechanisms and had strengthened the control of narcotic drugs, psychotropic substances and chemical precursors. Also, activities for the development of substitute crops in the traditional opium- planting areas in the Golden Triangle had been conducted. Those activities had given a boost to the social and economic development in the areas bordering neighbouring States and had reduced those areas’ dependence on the drug economy.

The fight against drugs could be successful only through an effective strengthening of related activities by the international community, she said. International drug control should be based on full respect for the sovereignty of each State. No country “should be allowed to interfere in the internal affairs of other countries on the excuse of a drug issue or drug control”, she emphasized. Also, the role of existing international drug control mechanisms should be strengthened. Furthermore, the international community should provide the necessary financial and technical assistance to foster alternative development.

LEVENT BILMAN (Turkey) said his country was located in one of the main routes of illicit trafficking usually referred as the “Balkan route”. It also had to combat the drug route in the Eastern Mediterranean area.

Two drug-related problems called for particular attention, he said. The export of precursors and acetic anhydride should be brought under stricter control, he said. The rise in the smuggling of acetic anhydride demonstrated that the problem persisted. The second problem was the close link between the illicit production/trafficking of narcotics and the financial resources of terrorist groups and crime organizations. “The profits made by this illegal exercise form the most important source in financing terrorist activities”, he added.

ABDULAZIZ AL-NASSER (Qatar) said Qatar was neither a producer nor consumer country, yet, the proximity of those kinds of countries as neighbours necessitated Qatar to be vigilant, so it would become neither victim nor a trafficking point. Looking at societies with large numbers of gangs, their effects on nations was obvious. Qatar had instituted legislation to deal with gang criminal activities, such as the money laundering that fuelled the drug trade. Qatar’s legislation to thwart criminals and protect society included the death penalty.

He said there was no consensus on the resolution being talked about with regard to that punishment. It represented an attempt by one group of countries to foist their views and values on others, he continued. As such, it was interference in the internal affairs of a State. Talk of introducing the draft resolution should be cropped out of respect for other cultures.

ZAMIRA TOHTOHODJARVA (Kyrgyzstan) said no single country could face the challenges facing the world community today. One of those was the spread of narcotic drugs. The spread of the two transnational crimes, drugs trafficking and the crimes related to them, was facilitated by groups of thugs.

The only way to deal with such forceful groups was through international research, such as that provided by the UNDCP. Only information on crime groups would enable their identification and that was the only way the world community would be able to thwart them. By developing a good cooperative relationship with the UNDCP, Kyrgyzstan would help support actions to control the trafficking of drugs in all of Central Asia.

MARINA FAETANINI (San Marino) said it had been demonstrated that confiscating assets was more effective in the fight against drugs than confiscating drugs. Therefore, the international community needed to proceed in that direction at an accelerated pace.

Most illegal drugs were consumed in industrialized countries, she said. A preventive culture needed to be created in order to counteract the “fake attractiveness and glamour of drugs”. It was not an easy task to tackle the problem and the international community needed to explore solutions and not pass judgements on those who did drugs. The alarming spread of amphetamine-type stimulants such as “ecstasy” and “ice” needed to be addressed. Those drugs could be made in clandestine laboratories anywhere in the world by utilizing ready-to use chemicals. “The recipies for these dangerous and addictive drugs are easy to obtain, and the risks for producers are lower than those for cocaine and heroin dealers”, she added.

SAKIUSA RABUKA (Fiji) said his country’s international airport and ports were being used as staging points by transnational criminal organizations for their illegal activities. As part of the strategy to promote international cooperation in the fight against crime, his Government had enacted the Mutual Assistance in Criminal Matters Act and Proceeds of Crimes Act. Those Acts would allow for international assistance in criminal matters relating to the taking of evidence and assistance in investigations, as well as for the extradition of offenders and the confiscation of proceeds, benefits and properties.

It was important that a conducive economic environment be established to ensure sustainable development in developing countries, particularly small islands, he said. Many of those states needed special treatment which took account of their economic and geological vulnerabilities. Unless the international community addressed the root causes of economic difficulties and the

related problems of poverty, no programme aimed at combating illicit drugs could achieve its desired results.

MAHMOUD BEN SHARAN (Libya) said drugs were draining nations and undermining societies. Coordinated international measures needed to be devised, implemented and reinforced to do away with the consumption and trafficking of drugs, which could not be separated from each other.

Libya’s programme of drug control focused on rehabilitation of victims and on reintegrating them into society, he said. National efforts also focused on eradicating drug-related crops and on instituting administrative and legal measures. National efforts, however, would not be effective in eradicating drugs unless there was a coordinated international programme. That had to be designed within the framework of respect for States’ sovereignty. For drug traffickers, Libya imposed the most severe punishment, including life sentences and the death penalty. Further, it cooperated with Africa, the Arab countries and Asian countries in regional arrangements. The UNDCP should be provided with the financial means to help States deal with the problem.

YVONNE GITTENS-JOSEPH (Trinidad and Tobago) said international crime was high on both national and international agendas. Dealing with organized crime and the illicit drug trade was diverting resources from pressing developmental needs. The Government of Trinidad and Tobago had taken institutional and legal measures to protect the sovereignty of the country from being taken over by the drug barons and to ensure the safety of its citizens. It had also taken part in and had encouraged bilateral and regional cooperation with regard to controlling drug- related crime. Major drug traffickers had been prosecuted and extradited, while their ill-gotten assets had been confiscated.

However, she said, in many countries there had been a marked increase in brutally calculated murders in which there was no remorse. Victims and entire families were killed, including innocent babies and children. The rights of those victims should not be subordinated to the rights of the perpetrators of violent crimes. Every State had a fundamental responsibility to maintain law and order for the benefit of its citizens. A specific set of circumstances influenced the choice of penalties employed by each State. Those who opposed the death penalty had a right to their view. They also had to respect the democratic right of countries deciding to retain the death penalty.

CATHERINE MAHOUVE (Cameroon) said a coordinated and global response by the international community to the problems of drugs and transnational crime was required. Such cooperation should be based in shared responsibility and real solidarity. Her Government had embarked in the fight against money laundering and drug-related problems. In 1997, a law covering mutual legal assistance in the smuggling of drugs had been created. Her country needed to be assisted with appropriate equipment so that its police services could effectively conduct search techniques.

KHALID BU-QUARRAH (United Arab Emirates) said poverty strengthened violence. The international community needed to strengthen its efforts to assist those countries which did not have the necessary funds. Also, regional and international cooperation in the exchange of information concerning drugs, confiscation and alternative crops was necessary.

Islamic religion prohibited the consumption all sorts of drugs, he said. Efforts were being made to strengthen the effectiveness of security programmes in his country. Also, bodies to control infiltration by sea or land had been established. In addition, there were programmes in place that sought to reintegrate drug addicts in society. The application of the death penalty by some countries needed to be respected by others.

MOSTAFA ALAEI (Iran) said remaining areas of divergence on substantive issues of the draft United Nations convention against transnational organized crime could be effectively resolved by the application of a balanced general approach between the capabilities of states, and the responsibilities which they assumed under the convention. “The present situation of the draft instruments indicates that the burden of their responsibilities go beyond the means available to many developing countries”, he said. Those countries may lack background legislation, expertise, training and resources and thus not be able to achieve their objectives.

The abolition of the death penalty could not be made a “sweeping rule for all societies and regions of the world”, he said. It was the inviolable right of all states to freely determine their criminal justice policies.

MUNAWAR SAEED BHATTI (Pakistan) said transnational organized crime was emerging as one of the most pressing challenges confronting the international community. The sophistication achieved by the criminal elite in the conduct of illegal business and untraceable transactions of “dirty money through international banking” had further compounded that problem. The prosecution and punishment of criminals remained of outmost importance to all societies. “We expect those countries to respect the choice of others to enact appropriate legislation suitable to their national conditions to combat crime and punish criminals”, he said. It was natural that different societies would have differing views concerning issues of crime prevention and criminal justice including on the issue of capital punishment. However, that should not impede the promotion of international cooperation to combat organized crime.

CARL-BENNY RAYMOND (Haiti) said crime prevention and criminal justice were no longer a matter of protecting individuals, but had become a matter of protecting society. The courts and judicial system had to be redesigned to accommodate that change in global society. Haiti did not have enough judges and investigating magistrates. The court system was overworked. People were in prison for too long, presenting situations of abuse of human rights.

He said Haiti had wanted to reform its legal system and had received international assistance to do so. The law had been reformed with two aims. One was to protect the fundamental rights of its citizens, and the other was to make the legal system contribute to re-establishing a democratic society. The most critical

aspect of judicial reform was to make sure officials did not act with impunity. Training of criminal justice officials was important, as was supervision of the banking and financial systems.

One aspect of crime in Haiti was that young people had been influenced by foreign cultures, he said. Young people deported back to Haiti from other countries presented a challenge for a small police force. There were only 6,000 police for 8 million people in Haiti, and there were no armed forces to back up the police force. More international help was needed to fight crime in Haiti and to establish criminal justice in the region.

ALFONSO VALDIVIESO (Colombia) said global society had to protect itself from the criminal organizations that had turned crime into a profitable way of living. The best way to do that was by enhancing bilateral cooperation in judicial matters and by effective global cooperation, taking into consideration the differing legal systems in the world. His country had been actively involved in the Vienna meetings of the Ad Hoc Committee on Transnational Organized Crime and the related protocols. There were a number of points still to be determined.

He said the first issue still to be decided referred to the applicability of the Convention. To whom would the Convention apply? Did applicability presume the existence of transnational organizations? The term “transnational organizations” had to be clearly defined since criminal actions had not yet been the subject of international law. Lack of clarity would restrict the field to which the convention could be applied. Also, a mechanism of conflict resolution had to be introduced to sort out claims of competing legal jurisdiction by States. He supported the adoption of an international legal instrument to combat corruption at a global level. Technical assistance provided by the Office for Drug Control and Crime Prevention in Vienna was most important for an inter- American convention on corruption already enacted into law in Colombia.

MOSTAFA ALAEI (Iran) said remaining areas of divergence on substantive issues of the draft United Nations convention against transnational organized crime could be effectively resolved by the application of a balanced general approach between the capabilities of States and the responsibilities which they assumed under the convention. “The present situation of the draft instruments indicates that the burden of their responsibilities go beyond the means available to many developing countries”, he said. Those countries may lack background legislation, expertise, training and resources and ,thus, not be able to achieve their objectives.

The abolition of the death penalty could not be made a “sweeping rule for all societies and regions of the world”, he said. It was the inviolable right of all States to freely determine their criminal justice policies.

MUNAWAR SAEED BHATTI (Pakistan) said transnational organized crime was emerging as one of the most pressing challenges confronting the international community. The sophistication achieved by the criminal elite in the conduct of illegal business and untraceable transactions of “dirty money through international banking” had further compounded that problem. The prosecution and punishment of criminals remained of utmost importance to all societies. “We expect those countries to respect the choice of others to enact appropriate legislation suitable to their national conditions to combat crime and punish criminals”, he said. It was natural that different societies would have differing views concerning issues of crime prevention and criminal justice, including on the issue of capital punishment. However, that should not impede the promotion of international cooperation to combat organized crime.

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