UN CONGRESS DISCUSSES WORLDWIDE STATE OF CRIME AND CRIMINAL JUSTICE
Press Release
SOC/CP/218
UN CONGRESS DISCUSSES WORLDWIDE STATE OF CRIME AND CRIMINAL JUSTICE
20000411(Received from a UN Information Officer.)
VIENNA, 10 April -- Several delegates painted a picture of the changed crime situation in the world this afternoon, as the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders considered the state of crime and criminal justice worldwide.
Most speakers stressed the need for concerted international efforts and increased cooperation within the framework of existing legal instruments. They also underlined the importance of developing new international legislation in order to keep pace with the rapid development of international organized and high-tech crime.
Australias representative said that, along with the rest of the world, his country was facing such complicated issues as money laundering, organized crime, fraud, trafficking in people and child sex tourism. Those phenomena increasingly required a sophisticated response by the global community as a whole. Although strong domestic initiatives remained critical to success in the fight against crime, it was clear that the challenges of the twenty-first century required all States to work together in combating the world crime problem.
The representative of the Philippines said that national criminal justice systems would definitely benefit from the development of appropriate legal instruments, the availability of new methods and techniques, the dissemination of best practices and assistance from regional and international organizations. Developed countries played a major role by providing not only funds, but also knowledge and technical assistance. The declaration proposed for adoption by the Congress should chart the right direction in meeting the new challenges in the field of crime prevention and criminal justice. It should capture present realities, anticipate trends, promote capacity building and underscore the political will necessary to make a difference in combating crime.
Addressing the issue of international migration, the representative of Colombia said migration in itself was not criminal. Bilateral and multilateral agreements were more effective than any
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coercive measures. International cooperation was needed to create opportunities in order to prevent the movement of millions of people for economic reasons. It was necessary to convince civil society that its true advantages lay in shared economic prosperity and economic stability. The rule of law must be applied to all. Columbia advocated a more comprehensive approach to crime prevention, taking into account the link between socio-economic conditions and crime.
South Africas Minister of Safety and Security said that in order to combat transnational organized crime, his country had concluded bilateral agreements with Brazil, Russian Federation, France, Argentina, Chile and Hungary. South Africa had also reviewed its domestic legislation concerning extradition and mutual legal assistance. Several amendments had been made.
Other speakers this afternoon included the representatives of Mexico, United Arab Emirates, Ukraine, Lebanon, Japan, Argentina and Chile. The report on the state of crime was introduced by the Executive Secretary and Officer-in-Charge of the United Nations Centre for International Crime Prevention. The Rapporteur-General of the Congress made closing remarks.
The Congress will resume at 10 a.m. tomorrow, 11 April.
Report on State of Crime and Criminal Justice Worldwide
The process of globalization, says the Secretary-General in a report on the state of crime and criminal justice worldwide, has led to an environment ripe for new and expanded forms of criminality. (For the purposes of his report, the term globalization is defined as the erosion of political borders and the opening up of economic markets previously closed or highly regulated by State intervention.)
The changing structure of trade, finance, communications and information has helped to foster an environment in which criminality is not confined to national borders, the report declares. It operates increasingly across borders and, in many cases, is global in nature. Criminal organizations have adapted corporate-like structures to criminal activities, employing highly skilled persons and mechanisms to assist in generating and concealing profits. In addition, much like organizations in the legitimate economy, criminal organizations are able to adapt themselves to changes in the market by responding to public demand for goods and services.
The report (document A/CONF.187/5) observes that the destabilizing effects of war, terrorism and the collapse of the old world order have combined with the vulnerabilities of failing or newly emerging economies to create fertile ground for illegal activities. Even booming economies are seeing increases in certain types of crime, particularly those involving high technology.
The report details trends in overall crime rates for the period 1990 through 1997 and observes that market forces have generated criminal activity where there was little or none some years ago, such as in the area of narcotics, where increases or declines in the use of specific narcotics can be attributed to current fads in drug use.
Market forces are also playing a significant role in the illicit firearms trade, according to the report. In western Africa, more than 2 million people have been killed by small arms over the past decade. In Uganda, for example, an AK-47 assault rifle sells on the illicit market for about the same price as a chicken.
Nearly 40 per cent of the worldwide flow in small arms is attributed to illegal trafficking, the report states. Moreover, developing countries account for nearly 70 per cent of all illicit firearms purchases. Expanded political unrest and civil war are likely to have contributed to this trend.
The report observes that political instability, change and strife can affect crime trends. The Russian Federation and South Africa are examples of countries that are experiencing significant social and political change. According to the report, trafficking in human beings is in the forefront of the Russian crime scene. The Russian Federation is being used as both a transit country and a source country for illegally transporting persons into eastern and western Europe; in South Africa and neighbouring countries, stolen cars are used as currency and often exchanged for narcotics, illicit weapons and other contraband. South Africas rates for homicide, rape, robbery and violent theft are among the highest in the world.
The report states that the collection of data and other information on crime trends, victimization, criminal justice systems, organized criminal groups and illicit market dynamics is essential to developing strategies aimed at reducing and preventing crime. The United Nations Crime Prevention and Criminal Justice Programme is leading the international community with a wide-ranging strategy that brings together legal, preventative and operational components. Major areas of concern in the Programme and of the international community at large are organized crime, corruption and trafficking in human beings.
According to the report, in the last decade, organized criminal groups have taken advantage of new criminal markets and, as a result, have expanded their activities worldwide to pose a genuine threat to the international community. They are now able to infiltrate financial, economic and political systems of all countries all over the world.
Corruption, including the issue of extortion, is recognized as a major problem capable of threatening social, economic and political development and undermining democracy and morality. The smuggling of migrants and trafficking in human beings have increased throughout the world in recent years. The smuggling of migrants disrupts established immigration policies of the countries of destination and often involves human rights abuses. The exploitative nature of the treatment of trafficking victims often amounts to a modern form of indentured servitude, with forced prostitution ranking highest among the means of exploitation. Smuggling and trafficking have become major sources of income for criminal organizations at the national and international levels.
Concluding, the report states that the globalization of most contemporary problems has made international cooperation a pressing priority, particularly with regard to combating crime.
Statements
JAN VAN DIJK, Executive Secretary and Officer-in-Charge, United Nations Centre for International Crime Prevention, presenting the document on the state of crime and criminal justice worldwide: Governments around the world are now more willing to share statistics on crime than was previously the case. United Nations victimization surveys have provided some very important information in the past decade. They observe current crime patterns, including illegal drug activities, which still remain the main source of criminal income. The level of crime is at its highest among the disadvantaged groups of population, but highly developed countries have also witnessed a significant increase in crime. Besides domestic crime, many countries are also plagued by transnational organized crime, which has truly become a global phenomenon. Among its main activities is trafficking in people.
Money laundering is no longer confined to the few well-known financial and offshore centres. In many countries, corruption of public officials and politicians is a strong indicator of the development of crime. The analysis of the existing data has also shown that, in countries where the level of lawlessness is higher, organized crime is much more of a problem than elsewhere. The degrees of lawfulness and economic development are also closely interrelated. Where organized crime has established its roots, economic growth is stifled. Illicit activities have a tendency to replace legitimate economic efforts. To overcome the criminal trends, criminal justice authorities have to reach out to one another, and the Congress has a role to play in that respect.
MAYOLO MEDINA, Executive Secretary of the National System for Public Security of Mexico: Mexico has four main strategies for crime prevention, the first of which is improving the professionalism of public safety officers. It has set up a national academy for public safety and justice training. Five regional academies have been set up to train prosecutors.
In the field of telecommunications, databases have been established for national personnel registers, arms and equipment, judicial orders and fingerprinting. Mexico has established a national network for the digital transmission of voice data and images. With respect to community participation, members of society have decided to set up a national committee made up of businessmen, bankers, students and others.
In order to promote the rule of law, Mexicos National Public Security System is dealing with trafficking in human beings, particularly women, children and migrants. As a result of action by the National Public Security System, there were 250 fewer reported crimes over the last two years. In 1999, Mexico harmonized its various federal police forces under one command. Special attention has also been paid to the rights of crime victims.
MAX HUGHES (Australia): Although strong domestic initiatives remain critical to success in the fight against crime, it is clear that the challenges of the twenty-first century require all States to work together in combating the world crime problem. The proposed declaration on crime and justice offers great potential to all States in reaching agreement on long-term plans against transnational crime. We hope that it will represent a key milestone for international cooperation in the future.
Along with the rest of the world, Australia is facing such complicated issues as money laundering, organized crime, fraud, people smuggling and child sex tourism, which increasingly require a sophisticated response by the global community as a whole. Australia strongly supports work on the United Nations convention against transnational organized crime, which has great potential for implementation of anti-money-laundering measures, confiscation of criminal assets, promotion of extradition and mutual legal assistance mechanisms. As for people smuggling, Australia is involved in a number of practical bilateral initiatives allowing cooperation between its immigration officers and local police, as well as airline officials. Australia is strongly supportive of the protocols against migrant smuggling and people trafficking, and the firearms protocol is a priority for Australia.
The country has introduced comprehensive measures relating to firearms ownership and use. A national buyback process has resulted in the surrender and destruction of over 660,000 semi-automatic and automatic firearms. However, the availability of firearms to organized criminal groups worldwide means that domestic measures are not a sufficient tool against the illicit manufacture of, and trade in, firearms. Australia also provides assistance to developing countries through its law enforcement cooperation programme, which particularly emphasizes initiatives against illicit drugs. It is proud to have played a lead role in the establishment of the Asia/Pacific Group on Money Laundering. The Governments tough on drugs policy is a multifaceted strategy to help reduce the demand for, and supply of, illicit drugs.
Placing great emphasis on the use of technology as a tool of law enforcement, the Australian Government has been working together with the States and territories to establish a new national crime information system to replace outmoded systems currently in use. The new system will include a centralized fingerprint and palm print system, a national DNA database and a national firearms database. Since the last Crime Congress, Australia has not only improved its law enforcement response to crime, but has made significant progress in the prevention of crime, focusing attention on early intervention and providing support to young people and their families.
STEPHEN TSHWETE, Minister of Safety and Security of South Africa: We wish to endorse the statements by the African Group and the Group of 77.
While the Government has accorded the highest priority to nation- building, constitutional reform and the revitalization of the economy, it recognizes that satisfying the socio-economic needs of the population, particularly the rural poor and the unemployed youth in several areas, will contribute greatly to reducing social and economic inequalities and eliminating poverty. This will, in turn, contribute to a decline in crime and violence.
My Government is focusing a great deal of attention on organized crime. Organized crime networks have taken advantage of South Africas transition to assert themselves in motor vehicle crime, drug trafficking, trafficking of people, commercial crime and other activities. Recognizing that the groups have not yet consolidated themselves nationally, my Government enacted the Prevention of Organized Crime Act of 1998. It prohibits certain activities relating to organizations that have committed serious crimes and provides for the confiscation of criminal assets.
In order to combat transnational organized crime, South Africa has concluded bilateral agreements with Brazil, Russian Federation, France, Argentina, Chile and Hungary. South Africa has also reviewed domestic legislation concerning extradition and mutual legal assistance and made several amendments.
MOHAMMED BIN NAKHAIRA AL DHAHIRI, Minister of Justice and Islamic Affairs of the United Arab Emirates: In connection with the information revolution and globalization, new kinds of crimes are emerging, including money laundering, smuggling, illegal gun-running and corruption. For this reason, it is important to adopt effective measures against organized crime. In view of the danger of terrorism, it is important to develop international cooperation in the fight against it. It is necessary to boycott any party that sponsors terrorism. A good example of such cooperation is the ratification by the United Arab Emirates of the anti-terrorism agreement concluded within the framework of the Arab League.
The country is also making efforts to take into consideration human rights of both convicts and victims at all levels, from prosecution to the completion of the sentence, and to enact relevant rules regarding criminal and reformatory institutions in that respect, including rehabilitation efforts. The United Arab Emirates has numerous bilateral and territorial extradition treaties with other countries. In some cases, it is also prepared to extradite criminals to those countries with which it has no extradition treaties. The country is also reviewing its criminal and procedural codes to keep pace with the development of crime.
The challenges presented by organized crime mean that no country can face them alone. For that reason, international cooperation is required through exchanges of information, expertise and advanced technology. It is necessary to intensify constructive dialogue and continue cooperation between the industrialized and the developing countries.
MYKOLA DZHYGA, First Deputy Minister of Internal Affairs of Ukraine: Despite all the efforts of the international community, we are witnessing an unprecedented increase in crime that threatens the stability of entire societies and the lives of their peoples. In the post-socialist era, countries in transition, including Ukraine, have not escaped problems related to organized crime.
Ukraine has created special teams to combat money laundering, illegal migration and trafficking in women, drug dealing, motor vehicle smuggling and trading in weapons and radioactive materials. What is significant is the work done by all States in all directions. It is necessary for each country to enact the appropriate legislation and to make maximum use of the possibilities arising from the participation of each country under international treaties.
VICTOR G. GARCIA III (Philippines): The Philippine Government gives utmost priority to crime prevention and criminal justice. It is placing increased emphasis on research into the root causes of crime, strengthening the community, promoting community-oriented policing and improving police-community relations. It is also promoting enhanced police visibility, particularly in the campaign against drug trafficking, syndicated crime groups and terrorists. A Presidential Crime Task Force has been created to combat organized crime; and a national strategy of supply and demand reduction in the anti-drug campaign is being implemented. A coordinating centre for national drug prevention has been recently established. Efforts are being made to combat corruption.
On the legislative side, the Philippine House of Representatives is deliberating six bills seeking to strengthen the Governments campaign against crime, including an anti-racketeering act, a new dangerous drugs act, an anti-pedophilia act and an act on modernization of the National Bureau of Investigation. As the trafficking in human beings represents one of the major international concerns, the Philippines is actively supporting the global programme on that issue. It is also participating in international efforts against drug trafficking.
National criminal justice systems would definitely benefit from the development of appropriate legal instruments, the availability of new methods and techniques, the dissemination of best practices and assistance from regional and international organizations. Developed countries play a major role by providing not only funds, but also knowledge and technical assistance. High priority should be accorded to crime prevention. As new crimes evolve, long-term investment in institutional reforms going beyond the criminal justice system seem to be the best antidote to a dangerous and unjust world. The declaration to be adopted by the Congress should chart the direction to be taken in meeting the new challenges in the field of crime prevention and criminal justice. It should capture present realities, anticipate trends, promote capacity building and underscore the political will necessary to make a difference in combating crime.
WILLIAM HABIB (Lebanon): This Congress is the culmination of the endeavours and preparations pursued at the national and regional levels. Lebanons efforts to deal with corruption include a project started in 1998 which covers two phases. The first ended last year and strengthened the capacity of interested parties to intervene. The second phase is embryonic, but predicated on identifying the various forms of corruption and then organizing a national meeting to map ways of combating them. Parliament enacted a law in 1999 to deal with undue enrichment. It is now in force.
Attention must be drawn to two fundamental issues. First, more time is needed to negotiate the convention and its protocols. The second issue is the need to base the various legal instruments under negotiation on public and international law. Interaction, communication, dialogue and cooperation are the positive aspects that lead to benefits of globalization. To avoid its negative effects, negotiations must obey the principles of sovereignty and respect for the collective will of States.
MICHIAKI OZAKI, Director of the International Affairs Division of the Ministry of Justice of Japan: Several aspects of the general crime situation in Japan merit special attention. They include the accelerated involvement of organized criminal groups, the increase of crimes involving violence, computer-related crimes and crimes involving public officials. Activities involving organized criminal groups are especially noticeable in relation to drug trafficking and smuggling of migrants. Crimes related to computer networks are increasing at the same speed as the expansion of computer networks.
The issue of corruption has also been attracting attention, not only in Japan, but worldwide. Responding to this public concern, Japanese prosecutors and police are actively engaged in investigating crimes involving public officials. In view of the emerging criminal trends, the Government has recently introduced new legislation and engaged in the revision of important criminal laws. Among them are three new laws against organized crime: an unauthorized computer access law; the revision of the immigration control law; and an unfair competition prevention law. Japan is convinced that effective measures should be taken to cope with emerging trends in crime. Therefore, it looks forward to the presentations by delegations from all over the world, which can be invaluable resources in the common fight against crime.
PATRICIA BULLRICH (Argentina): There is a clear lack of leadership in Argentinas police and security forces. Argentinas President has committed himself to directing policy on security and controlling the police forces. It is necessary to reorient criminal policy to include all aspects. Integral solutions must be produced to eliminate the previously isolated situation of the police forces when they enjoyed excessive autonomy.
Argentinas police are being trained to meet new challenges and to adapt to new technologies. They must adopt a collaborative attitude and avoid abuse of human rights. Most reported crimes involve violence against property, a situation aggravated by the present crisis in the justice system.
Changes are being introduced in laws relating to crimes against sexual integrity. Penal legislation relating to family violence is also being modified. Other reforms are aimed at limiting the power of judges to grant leniency for such crimes as the manufacture of explosives and the supplying of weapons and munitions.
Argentina is trying to transform its police force from one that grew out of a situation of military rule into a force more in keeping with the republican nature of the new Argentine society.
HECTOR MUNOZ (Chile): Prevention of crime and safety of citizens are of great concern to the democratic Government of Chile. The political authority takes into account that it is necessary to observe ethical principles, respecting social harmony and human rights. It is important to guarantee conditions for everyone to enjoy the rule of law. A comprehensive criminal policy is being implemented at the country level, with emphasis on prevention. Measures have been adopted to combat violent crimes and to avoid their negative effect on everyday life. The media of Chile are involved in responsible dissemination of information about the seriousness of some crimes and their implications. New educational programmes are under way, along with other efforts to eliminate illicit behaviour.
Adequate law enforcement and reintegration of criminals represent other important aspects of the countrys efforts. There are plans to modernize the police of the country on the basis of better administrative and institutional procedures. Reform of the management and procedure of criminal justice is also under way, and emphasis is being placed on the protection of the rights of victims and offenders. Juvenile delinquents receive special attention. Penitentiary policies are seeking alternatives to custody. Prevention is a very important factor. The country has been providing information on crime prevention to the United Nations. It has also been participating in international activities in the belief that international cooperation between the relevant national and international bodies is essential.
VINCENZO RUGGIERO, Rapporteur-General of the Congress, summed up the proceedings of the meeting, stressing the need to continue research on the crime situation. There is a gap between the development of the situation and the information available to the people. Crime arises out of socio-economic conditions, and there is a link between deprivation and crime. Unequal division of resources within the international community also has an effect on the criminal situation.
HECTOR CHARRY-SAMPER (Colombia): The figures on the crime situation in the world demonstrate an increase in crime. The growing globalization and internationalization of criminal activities are a source of concern. The international community has reacted to the new threats by producing effective tools to combat serious criminal activities. The work on the draft convention and its protocols should take into consideration the new realities in the world. Colombia has been taking part in the work, offering specific proposals on the transportation of migrants. Migration is a historical phenomenon. It is also a source of diversity; it is not, in itself, criminal. It would be totally unacceptable to proscribe the movements of people thinking that coercive measures can prevent them. Bilateral and multilateral agreements are undoubtedly more effective than any other
measures. Trying to stop migration can lead to corruption and other negative consequences.
There is a need for international cooperation to create opportunities in order to prevent movement of millions of people for economic reasons. Genuine political will is needed to share knowledge and extend technical assistance to promote viable mechanisms for judicial and police cooperation. It is not sufficient merely to promote reforms to the law. It is necessary to convince civil society that its true advantages lie in shared economic prosperity and economic stability, which are within reach for more sectors of population. The rule of law must be spread for all. The challenges of hi-tech crime imply the need for a major programme of action. Because of the increase in inequality between countries, there is concern that it will be even more difficult to fight crime.
Colombia advocates a more comprehensive approach to crime prevention, taking into account the link between socio-economic conditions and crime. National, regional and international strategies need to be developed in that respect. The problem of crime must be attacked at its root, and marginalization, exclusion and social fracture need to be tackled. Solidarity and unity of humankind need to transcend borders. Islands of privilege surrounded by poverty are definitely not the best models for promoting the safety of society. The United Nations should be the driving force for combating crime, and international cooperation has now become an urgent priority.
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