SPEAKERS ADDRESS TWENTY-FIRST CENTURY CHALLENGES AT UN CRIME CONGRESS" HIGH-LEVEL SEGMENT

Press Release
SOC/CP/227

SPEAKERS ADDRESS TWENTY-FIRST CENTURY CHALLENGES AT UN CRIME CONGRESS’ HIGH-LEVEL SEGMENT

(Received from a UN Information Officer.)

VIENNA, 15 April -- The Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held the third meeting of its high-level segment devoted to international cooperation in combating transnational crime this morning.

In their statements, government ministers and other high-ranking officials addressed the challenges of the twenty-first century and pointed out various aspects of the Congress’ draft declaration on crime and justice and the proposed draft convention on transnational organized crime, which are currently under consideration.

The Minister of Justice of the Netherlands said that the United Nations draft convention on transnational organized crime should include provisions addressing the problem of corruption. As not all manifestations of corruption were connected to organized crime, it was also crucial to reach beyond the scope of this instrument. The Netherlands supported the establishment of a new United Nations instrument, specifically addressing the problem of corruption. In May 2001, the country would host the Second Global Forum on Fighting Corruption and Safeguarding Integrity, which would facilitate the negotiations of a new anti-corruption legal document.

“The success of sophisticated large-scale crime puts in question any concerted international cooperation against it”, the representative of Morocco said. He stressed that, in view of the growing phenomenon of money laundering, civil society and the Bretton Woods Institutions should get involved in the struggle against that evil. In relation to offshore financial centres, he said that regulations of those institutions should be elaborated on the basis of international standards, which would help to overcome the problem. He also stressed the need to introduce international taxation, which would dissuade the floating of dubious and criminal capital.

The Under-Secretary of State in the Ministry of Justice of Sweden emphasized the importance of finding a balance between preventative and repressive measures and said that it was highly important to combine imprisonment with measures aimed at minimizing the risk of recidivism. In many countries, prison conditions were far from acceptable, and she doubted if any country could claim that there was no scope for improvement.

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The Interior Minister of Azerbaijan said that actions of armed separatist groups entailed numerous violations of human rights, violence and terrorist attacks. Further disregard of the problem of armed separatism on the part of the international community would allow that menace to grow into one of the most serious challenges of the twenty-first century. It was necessary to include a relevant provision condemning armed separatism in the declaration of the Congress.

Several speakers also emphasized the importance of family and social values. In that respect, the Minister of State of the Sudan said that the penal jurisprudence of his country gave priority to preventive measures and the instilling of moral values. Emphasizing civil participation in crime prevention, the country had achieved surprising results in its fight against crime. The strong fabric of society allowed the country to maintain low crime rates, despite the economic difficulties it was experiencing.

Also speaking this morning were Ministers from Cameroon, Cyprus, Lithuania, Yemen, Albania, Slovakia, and Norway. Deputy Ministers from Ukraine, Romania and Italy also addressed the Congress, as did representatives of the United States, France, Indonesia, and Liechtenstein.

The Congress will meet to conclude its high-level segment at 3 p.m. today.

Statements

BENK H. KORTHALS, Minister of Justice of the Netherlands: The Netherlands attaches great importance to the expeditious completion of the draft United Nations convention on transnational organized crime and its protocols. It should have clear provisions on key areas, which should include money laundering, prevention and corruption. The scope of the convention is transnational organized crime. At the same time, its provisions should allow for a practical and effective application of the instruments.

It is obvious that not all manifestations of corruption are connected to organized crime. To effectively curb corruption, it is crucial to follow a holistic approach, which should reach beyond the scope of the draft convention. The Global Programme against Corruption has also adapted this approach. For exactly that reason, the Netherlands is providing substantial funding to that Programme. We also support the establishment of a new United Nations instrument against corruption and are prepared to contribute to it. In May 2001, the Netherlands will host the Second Global Forum on Fighting Corruption and Safeguarding Integrity. We hope that the conference will facilitate the negotiation of a new anti-corruption instrument.

The improvement of victim care is an ongoing process in the Netherlands. We have adopted special provisions relating to victims in our penal law and regulations. Victim support organizations inform victims about possible further proceedings and give them support. Since 1998, the Netherlands has intensified its efforts to combat trafficking in human beings, improving investigation and prosecution and increasing maximum penalties for this offence. I have drawn up special guidelines for the investigation and prosecution of people trafficking, which include instructions for the police on how to deal with victims. However, voluntary cooperation of victims as witnesses is crucial for successful prosecution. We also support preventive publicity campaigns in other countries and are active in repatriating victims of trafficking in human beings to their countries of origin.

JAN CARNOGARSKY, Minister of Justice of Slovakia: Organized crime remains a big challenge to the security of the twenty-first century. Technology improvements have enlarged the possibilities of organized crime, as well.

Slovakia has ratified the Convention elaborated by the Organization of Economic Cooperation and Development (OECD) on bribery of foreign public officials in international business transactions and has signed the Council of Europe’s Criminal Law Convention on Corruption, as well as the Civil Law Convention on Corruption, among others.

The main focus in the fight against crime lies with national institutions. In the field of crime prevention, the Slovak Government has approved a strategy on crime prevention as its main programme on the prevention of crime and other anti- social activities. It is undertaking a variety of other activities at the national level.

ELIZABETH G. VERVILLE (United States): Meeting the threat of transnational organized crime is a top law enforcement challenge and a national security challenge for governments. In the United States, there are “home-grown” as well as foreign organized criminal groups from every region of the world operating on its soil. Sometimes they form strategic alliances with each other to get ahead of national and collective law enforcement efforts. To stay ahead of these criminals, the international community must work together with other nations. Each partner in the international effort against crime must be strong at home.

President Clinton has taken the lead in United States national efforts, as well as international efforts, against organized crime and has elaborated an international crime control strategy to deal with all types of organized crime. Global corruption is a subject on which Vice-President Gore has taken the lead.

The completion this year of the convention on transnational organized crime and its three protocols is a priority undertaking by the United States Government. This is not an abstract exercise to develop treaties that end up on a dusty shelf. These instruments should enhance legal arsenals and the ability to cooperate across borders as the criminals do.

It is not too early to begin thinking about implementation of the convention and its three protocols. It is important to train law enforcement officials; to provide technical assistance; to expand abilities to carry out extradition, and to provide mutual assistance; and to enhance the use of technology in the fight against crime.

ROBERT MBELLA MBAPPE, Minister of Justice of Cameroon: The main purpose of this event is to strengthen international cooperation and solidarity to combat transnational crime. Despite the efforts of the Government, the crime rate is growing in the country, such as highway robbery. Violent crime is exacerbated by the availability of weapons, and armed groups from neighbouring countries are contributing to the situation.

The crime situation is closely connected to the poverty of the population. It affects the development efforts of Cameroon. The Government has taken a number of steps, including activities against corruption, reinforcing the staff of the enforcement bodies and improving the coordination of various structures. Together with several regional organizations, the country is making efforts to create joint structures to combat crime. The National Assembly of the country is in the process of ratifying instruments on subregional cooperation.

Organized criminal groups are a major challenge to all the countries in the world. The process of globalization encourages international criminal alliances. It is necessary to do away with the feeling of immunity they often enjoy. For this reason, Cameroon supports the draft declaration of the Congress and the draft convention on transnational crime. The creation of this international legal instrument should make international cooperation more dynamic. It should also enable the developing countries to better fight the scourge of crime. Cameroon supports the position of the “Group of 77” developing countries and China and the Group of African States in favour of creation of a specialized fund in support of the developing countries’ anti-crime efforts.

PIERRE CHARASSE, Ambassador in charge of the Fight against Corruption and Organized Crime of France: France supports the statement by Portugal on behalf of the European Union. The growth of international exchanges and trade has been accompanied by a qualitative increase in crime. Society must act to prevent crime; the media tend to trivialize violence and promote the holding and use of private weapons.

France is developing a policy of prevention in cooperation with its partners. It stresses public services and local police, which will engender trust among the local population. Criminals are less and less sensitive to being deprived of their freedoms, but are more sensitive to cuts in their profits. It is important to make money laundering a priority matter to be suppressed by actions supported by the private and public sector.

The mechanism of international cooperation must be perfected. There are no halfway measures. We must each shoulder our responsibilities within the international community. The fight against corruption makes it necessary to be strict in the approach against it. We must forego moralizing. There are no corrupted countries, just corrupted individuals, which does not mean that this evil must not be fought against. France has been confronted with an increase in corruption. It is participating in multilateral and bilateral channels in the struggle against this evil.

The Internet must be made a sure and reliable instrument that will assure the protection of individual data. Criminal groups operating in this realm must not be allowed to roam free. International cooperation is vital in this field, and it is hoped that the Council of Europe's action will be successful. The convention against transnational organized crime is at the crux of our concerns as it will reinforce international legal norms. The pace of the negotiation should be maintained so that the instruments can be signed at the end of this year.

ABDERRAHIM BENMOUSSA (Morocco): Morocco supports the position on this issue by the “Group of 77” developing countries and China and the Group of African States. Agreement at this Congress should be reached on the basis of full knowledge of the serious nature of the crime problem. The transnational crime situation is growing worse all over the world. Numerous manifestations of such crime include environmental crimes, corruption, transnational trafficking in people and weapons, and forgery.

The profits of criminal structures are enormous. We have offshore financial centres which participate in money laundering on a large scale. Many companies shielding illegal profits take advantage of international financial havens. It would be appropriate for those offshore centres to take upon themselves voluntary regulations, elaborated on the basis of international norms and standards, which would help to overcome the problem of money laundering. At present, international financial crime is inherent in the transnational economic system. One way to limit the damage caused would be to marshal all forces of good will and involve not only governments, but also civil society. The Bretton Woods institutions also should play a role in these efforts.

There will be repeated failure in the fight against financial crime unless technical expertise is involved in the international efforts. The failure of the Congress to address the feelings of taxpayers, who feel defrauded, and the failure of many financial organizations to pay taxes is disappointing. We need to take action to introduce international taxation, which would dissuade the floating of dubious and criminal capital. Taxation of such assets would help regulate international markets and generate huge amounts of money. The modalities of such action need to be defined, of course. It is necessary to restore the role of State and democracy. Such tax proceeds could then be directed towards economic development and eradication of poverty. The success of sophisticated large-scale crime puts in question any concerted international cooperation against it.

MYKOLA DZHYGA, First Deputy Minister of the Interior of Ukraine: We must consolidate our efforts for effective law enforcement. Exchanges of information are vital and Member States must constantly ensure that they determine the proper avenues for international cooperation.

The adoption of the draft convention and its protocols will be instrumental in enhancing the fight against transnational organized crime. Ukraine is convinced that the United Nations’ forthcoming Millennium General Assembly will adopt the instruments negotiated here.

Trafficking in human beings, particularly trafficking of women and children, as well as corruption, are detrimental to society worldwide. The President of Ukraine heads a committee intended to combat corruption. Our Government is frank in admitting that corruption exists in Ukraine.

The basic roots of corruption have changed. While Asia and Africa were previously seen as the regions where it thrived, corruption now flows into Western Europe through Russia and Ukraine. International cooperation is needed to wipe it out.

Exchange of information is important for the elimination of trafficking in human beings and to end secret banking. Criminals found living in certain countries should be detained. There should be an exchange of technical assistance and information in this regard.

VALERIU STOICA, Deputy Prime Minister and Minister of Justice of Romania: The rule of law is seen not only as a legal concept, but also as a cultural and social one. It has the tendency to follow social progress closely and to create the premises that social evolution does not bypass the law. Respect for the law is dependent upon the understanding of its legitimacy.

The Romanian Government is paying special attention to the implementation of international commitments assumed by Romania in its capacity as a Member State of the United Nations and the Council of Europe. In that respect, my country supports the statement by the European Union concerning the need to take stock of the current situation in the criminal justice field.

Criminal justice was considered until recently as a national problem. Today, the issue is worth no consideration unless it takes into account the new transnational nature of crime. My country is prepared to take any steps necessary to support and put into practice the Vienna declaration.

LAZAROS S. SAVVIDES, Permanent Secretary of the Ministry of Justice and Public Order of Cyprus: Cyprus associates itself with the statement by Portugal on behalf of the European Union. Enhanced vigilance is needed on both the national and international level to combat international crime. Cyprus has a record of commitment to the principles of democratic pluralism, human rights, the rule of law and the open market economy. The openness of the country’s society and economy gives rise to challenges similar to those in other countries with comparable systems. In many cases, those problems resemble those encountered in other international business centres.

In order to prevent and combat money laundering, Cyprus has adopted certain measures. It has introduced an appropriate legal and institutional framework, and its enforcement mechanisms now include supervisory authorities for the stock exchange and a unit for combating money laundering. Consistent dialogue with the private sector is under way. The country is also cooperating with international and regional structures, including the Select Committee of Experts on the Evaluation of Anti-Money-Laundering Measures and the Financial Action Task Force of the OECD. Money laundering knows no boundaries. Cyprus authorities are also cooperating with other countries and international organizations, for such cooperation is an essential component for success in the fight against money laundering. Cyprus is ready to discuss and adopt any additional legislative and regulatory measures which have proven effective in other countries.

KRISTINA RENNERSTEDT, Under-Secretary of State, Ministry of Justice of Sweden: One of the most important requirements for effective cooperation is to support the elaboration of the draft convention against transnational organized crime and its three protocols. To achieve success, it is also essential that States rapidly implement agreed instruments and utilize already existing means of cooperation. United Nations efforts are not confined to crimes of transnational nature, however, and cooperation within the United Nations provides a valuable forum for an exchange of experience on the prevention and deterrence of crime on the national level.

Sanctions should give offenders a possibility to refrain from crime in the future, and special consideration should be given to the treatment of young offenders. When a traditional prison sentence cannot be avoided, the sentence conditions should be in conformity with human rights. It is highly important to combine imprisonment with measures aimed at minimizing the risk of recidivism. There are still many countries where prison conditions are far from acceptable, and I doubt if there is any country that can claim that there is no scope for improvement. It is not only a question of money -- a humane attitude is equally important. The United Nations should continue to give high priority to the treatment of prisoners, and particularly to find means to create respect for the Convention for the Protection of Human Rights and Fundamental Freedoms.

The increase in the use of the death penalty is also unacceptable. The global abolition of the death penalty is a task and a duty for all those working for a humane crime policy. It is necessary to increase support to the victims of crime. However, punishment and victim support –- no matter how humane and effective –- are signs of failure to prevent crimes from happening. Our prime ambition should be to prevent members of society from ever becoming victims of crime. This Congress is an important contribution in this respect. It is necessary to elaborate a modern criminal policy based upon a balance between preventive aspects and repressive measures.

GINTARAS BALCLUNAS, Minister of Justice of Lithuania: The national and international aspects of crime must be considered. Organized crime and corruption are social phenomena derived from the “shadow” economic activity relating to illegal privatization, smuggling of highly taxable goods, money laundering, tax evasion, the drug trade and illegal immigration and prostitution, among others.

Organized criminal groups within the country are not very dangerous; therefore, it is easier to fight them, and more effective prevention and control is possible. However, alongside expanding markets relations and the strengthening of the legal economy, organized crime acquires characteristics typical of the operation of similar structures in many areas. Thus, the consolidation and internationalization of features of crime can be identified. Its containment requires international cooperation.

Among the principal directions of Lithuanian policy are Government programmes, including serious political measures to prevent and control crime. One of the principal objectives is the prevention of organized crime and corruption. It attempts to eliminate a complex of causes and preconditions of these phenomena by use of not only legal, but also social, economic, financial, organizational, informational, analytical and other measures.

In 1997, the United Nations established a centre to support a facility against organized crime and corruption. Lithuania is taking an active part in Interpol for the elaboration of conventions against international organized crime. In 1998, Lithuania entered a multilateral agreement against transnational organized crime. It also entered Europol.

HUSSEIN MOHAMMED, Minister of the Interior of Yemen: We reaffirm that we would first like to enhance the rule of law and to strengthen our systems for the administration of criminal justice. We will be among the countries that sign and ratify the draft convention on crime prevention, its protocols and any related international instruments. We hope other countries will do the same.

We hope that all criminal justice offenders on Internet and computer-related crimes will be punished and rehabilitated into society thereafter.

Women are sometimes offenders, but often victims. In our country, women are on equal terms with men and serve in high-ranking positions alongside them.

Yemen supports the crop-substitution plan to end the growing of illegal drugs in some countries.

RAMIL USUBOV, Minister of the Interior of Azerbaijan: The obvious threat emanating from transnational crime motivates the international community to search for more efficient and realistic approaches to the solution of this problem. Azerbaijan is currently undergoing economic transformation, a reinforcement of all branches of power, a development of democratic institutions, and the broadening of human rights and liberties. National legislation is being improved and global human values are being emphasized. Laws on the police, the prosecutor-general’s office, the fight against organized crime and psychotropic substances have been approved, and the results of these efforts are tangible. There is a trend towards a decrease in criminal offences in the country. Azerbaijan has acceded to numerous international treaties and conventions on criminal and legal assistance.

Norms and standards of the United Nations in the field of crime prevention and criminal justice provide an effective tool to combat crime, particularly in its organized and transnational forms. The work of the Tenth Crime Congress is another step in this field, and the issues discussed are of very high significance. Drafting the United Nations convention against transnational crime, it is necessary to proceed on the understanding that the concept of transnational crime involves various types of criminal offences. Transnational crime should not be linked exclusively to cross-border criminal activities. We also share apprehensions in connection with further increase of types of organized transnational crime which includes not only activities of certain terrorist organizations and other criminal groups, but also assaults against States in the form of aggression and genocide.

It is also well known that actions of armed separatist groups entail numerous violations of human rights, violence and terrorist attacks. Azerbaijan has become a victim of armed separatism supported by neighbouring Armenia, which has negatively affected the domestic situation and led to enormous distress among the people. Further disregarding the problem of armed separatism will allow this menace to grow into one of the most serious challenges of the twenty-first century. This makes it necessary to include a relevant provision condemning armed separatism in the draft declaration of the congress.

ILIR PANDA, Minister of Justice of Albania: Albania has emerged from a totalitarian heritage, and it is experiencing profound poverty. For a while, serious deviations and violations of basic principles of human rights characterized the functioning of State institutions. One of the reasons which led to a deep crisis of the Albanian State and society was the malfunctioning of the judiciary. Under those circumstances, the Albanian Government has tried to implement new legislation in compliance with international standards. It is also attempting to build new structures. With the approval of the new Constitution, the Government began a reform of the legal and judicial branches. Measures are being undertaken to improve the penal system and the code of penal procedures.

Geographically, Albania is at a crossroads between East and West. For this reason, it is a target for illegal traffickers of human beings. The countries of Western Europe should be more interested in “closing the door” on illegal traffickers. Since 1998, the country has compiled a detailed plan of action in the fight against corruption. Many objectives were achieved, and others are being implemented. The Government welcomes all bilateral and international initiatives on crime prevention and criminal justice. International cooperation has been of great help so far, and in the future, involvement of international organizations will provide the necessary framework for the recognition of normative and judicial acts of foreign countries, as well as the preparation of different programmes for crime prevention.

OYSTEIN MAELAND, State Secretary in the Ministry of Justice of Norway: The ongoing negotiations will initiate a new chapter in global cooperation against international crime. The completion of the four legal instruments is a matter of urgency. The longer we negotiate, the more offences orchestrated by transnational organized crime will remain unpunished.

In the process of setting up such a comprehensive international instrument, the inclusion of all countries is vital. Norwegian authorities have, therefore, provided a voluntary contribution for the participation of the least developed countries in the negotiations.

While the draft convention provides an overall framework for increased cooperation globally, the three protocols address specific areas urgently requiring international attention and involving forms of criminal activities that are under constant surveillance by the Norwegian Government. Of special urgency is the increased trafficking in women and the sexual exploitation of children and young adults for prostitution.

AMIN BANANI NEW, Minister of State of the Sudan: My country has pioneered many laws in our region, and this has enabled it to tackle numerous problems. The laws are based on the Islamic system, emphasizing human rights and the protection of society and its values. Our penal jurisprudence gives priority to preventive measures and instilling good social and family values. We support measures against terrorism, and we have acceded to several international instruments in that respect.

We certainly support the draft declaration of the Congress. As a State, we are eager to cooperate with the international community in the prevention and combating of crime. We have enacted laws against money laundering, corruption and financial crimes. We differentiate between migration and asylum, and we are making efforts to improve procedures in respect of both. Many migrants have become lawful citizens of the country. We have a coherent firearms act, and steps are being taken to protect women and children. We are also trying to improve our penal system and promote the role of judges and attorneys. Civil participation in crime prevention is emphasized, and we have achieved surprising results in our fight against crime. The strong fabric of our society allows us to maintain low crime rates, despite the economic difficulties we are encountering. We would appreciate international assistance for our anti-crime efforts.

GIUSEPPE AYALA, Under-Secretary of State of Italy: Among the most immediate practical priorities should be the conclusion of the negotiations on the Convention in Palermo by the end of this year. The wide consensus obtained on the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children, reflects the great attention being paid to that issue by the international community. Trafficking in persons is a particularly hideous form of trafficking involving enormous masses of people that are, at the same time, victims of the crime and the means for committing it.

Nevertheless, the instruments do not exhaust the international legal tools necessary to fight widespread international crime. A world convention on corruption would be necessary. The Italian Government hopes that the drafting of the instruments will start after the conclusion of the present convention and its protocols.

The Italian Government attaches great importance to the provisions concerning extradition, mutual legal assistance and cooperation in the field of witness protection. They will help in establishing effective cooperation schemes applicable on a large scale.

RHOUSDY SOERIAATMADJA (Indonesia): Among all the East Asian countries that were severely hit by the financial crisis, Indonesia suffered the most, being the only one that sustained a major political crisis and social upheaval as a consequence.

Today, we must also face the reality of ethnic and religious strife in some parts of the country. These problems must be addressed promptly, but cautiously. We are determined to restore and maintain political and social stability, as well as to put the economy back on track as quickly as possible.

The Government has also been taking vigorous measures to eliminate corruption, collusion and nepotism, and to improve the efficiency and transparency of public administration, as well as community involvement in combating corruption.

Indonesia remains committed to cooperate with this international organization in fostering crime prevention and criminal justice systems. We should strive to achieve something significant in combating international crime in order to make the world a more peaceful place for people to live in.

Princess MARIA-PIA VON LIECHTENSTEIN (Liechtenstein): Only by focusing the efforts of the entire international community on the prevention and control of the most serious forms of organized crime will it be possible to have a lasting impact. Due to the small size of the country, Liechtenstein does not experience the common forms of domestic organized crime, such as drug trafficking or alien smuggling. However, Liechtenstein authorities are fully aware that highly developed financial services might be abused for money-laundering operations by international organized crime. The country has adapted to comply with the standards of the European Union in the field of anti-laundering measures. It has also included a money-laundering offence in its criminal code and adopted appropriate laws.

Liechtenstein has also been participating in the work of the Select Committee of Experts on the Evaluation of Anti-Money-Laundering Measures of the Council of Europe. With the draft revision of the Due Diligence Act, the obligation of reporting suspicious transactions will be considerably expanded, and an unequivocal provision will be introduced for exonerating persons who report suspicious transactions in good faith from the consequences of any breach of secrecy or disclosure rules. The Government is planning to set up a financial intelligence unit with extensive powers of inquiry and the possibility of exchanging information with relevant foreign counterparts. The Parliament of the country has approved ratification of the 1990 Council of Europe Convention on money laundering, search, seizure and confiscation of the proceeds of crime. In the law enforcement sector, a special police unit in charge of money laundering investigations will be established in the country.

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