HIGH PRIORITY TO BE ACCORDED TO COMPLETION OF WORK ON UN CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME, DECLARES CRIME CONGRESS

Press Release
SOC/CP/228

HIGH PRIORITY TO BE ACCORDED TO COMPLETION OF WORK ON UN CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME, DECLARES CRIME CONGRESS

Adopts Declaration Committing States to Develop More Effective Means against Terrorism, Corruption, Money Laundering, Computer-Related Crime, Trafficking in Persons, Illegal Firearms

(Received from a UN Information Officer.)

VIENNA, 15 April -- Declaring the need to accord high priority to the completion of negotiations on the United Nations Convention against Transnational Organized Crime and its protocols, the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders this afternoon adopted a “Vienna Declaration on Crime and Justice”.

By that Declaration, adopted by acclamation, Member States declare their intention to intensify bilateral and multilateral cooperation, including technical cooperation, in areas to be covered by the Convention and its protocols, and to strengthen the capacity of existing United Nations machinery in this respect.

The Member States declare that they “will together, in conjunction with our other efforts to prevent and combat terrorism, take effective, resolute and speedy measures with respect to preventing and combating criminal activities carried out for the purpose of furthering terrorism in all its forms and manifestations”. . They commit themselves to the development of more effective means of collaboration “to eradicate the scourge of trafficking in persons, especially women and children, and the illegal trafficking in and smuggling of migrants”.

States also commit themselves “to the enhancement of international cooperation and mutual legal assistance to curb illicit manufacturing of and trafficking in firearms”, their parts, components and ammunition. It sets the year 2005 as the target “for achieving a significant decrease in their incidence worldwide”.

The Declaration further commits States “to taking enhanced international action against corruption”, building on already existing international documents on the subject. It stresses the urgent need to develop an effective international legal instrument against corruption, independent of the draft convention on transnational organized crime.

Governments decide, under the Declaration, to elaborate action-oriented policy recommendations on the prevention and control of computer-related crime,

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and commit themselves to enhance their ability to prevent, investigate and prosecute high technology and computer-related crime.

The document approved today affirms that combating money laundering and the criminal economy constitutes a major element of strategies against organized crime. “We are convinced”, States declare, “that the success of this action rests upon setting up broad regimes and coordinating appropriate mechanisms to combat the laundering of proceeds of crime, including the provision of support to initiatives focusing on States and territories offering offshore financial services that allow the laundering of the proceeds of crime.”

Under further provisions of the Declaration, States undertake “to strengthen international cooperation in order to create a conducive environment for the fight against organized crime, promoting growth and sustainable development and eradicating poverty and unemployment”, and to incorporate a crime prevention component into their national and international development strategies.

States declare their commitment to the development of action-oriented policy recommendations based on the special needs of women as criminal justice practitioners, victims, prisoners and offenders.

The Declaration notes that racial discrimination, xenophobia and related forms of intolerance continue, and recognizes the importance of taking steps to incorporate international crime prevention strategies and norms into measures to prevent and combat crime associated with these evils.

It recognizes with great concern that juveniles in difficult circumstances are often at risk of becoming easy candidates for recruitment by criminal groups. It calls for comprehensive crime prevention strategies at all levels to address the root causes and risk factors related to crime and victimization through social, economic, health, educational and justice policies.

Prior to the adoption of the Declaration, the Congress heard concluding statements in its two-day high-level debate. Among the speakers, Haiti’s Minister of Justice said that the activities of criminal networks in Haiti threatened the country’s political stability and economic development. He noted that some activities that were deemed legal should be categorized as illegal, particularly speculation in currencies and the depletion of natural resources. Such activities could spell ruin for many countries.

Zimbabwe’s Minister of Home Affairs said that the majority of perpetrators of organized crime in Africa were members of the business class that colluded with the political and public service elite. The high incidence of organized crime in the region was a reflection of deficiencies in education, law enforcement and administration of justice. Those deficiencies were, in turn, linked to poverty.

Also speaking in this afternoon’s meeting were the Ministers and heads of delegation of India, Mozambique, Namibia, Russian Federation, Austria, Chile, Philippines, the Former Yugoslav Republic of Macedonia, Libya, Egypt, Oman, Cape Verde, Nigeria, Afghanistan, Venezuela, Cambodia and Pakistan.

The Congress will meet again at 10 a.m. on Monday, 17 April, to conclude its work.

Statements

R.K. RAGHAVAN, Director-General of the Central Bureau of Investigation of India: In many cases, crime is perpetrated to fund terrorist activities and aims at undermining internal security and destabilizing civil social order. International organized crime cannot be viewed as an individual act of breach of law. It is an all-encompassing activity intended to create disorder and curtail the economic development of people in countries still in transition.

In the last 10 years, India has faced terrorism and extremism in their worst forms. The sustenance of this scourge was from funds generated through criminal activities both within and outside the country. It is appropriate that the single declaration clearly emphasizes the nexus between drug smugglers, anti-national and extremist elements and the need to combat terrorism on a broad plane.

India is enacting legislation to curb the menace of ill-gotten wealth and consequent money laundering. As the world opens up, there is a constant movement of men and material between countries. Communication has become far too easy and no country can afford to be complacent. We have a comprehensive anti-corruption act that has worked effectively. Our Government is resolved to fight corruption, and the Prime Minister has declared zero tolerance of corruption.

JOSE IBRAIMO ABUDO, Minister of Justice of Mozambique: It has long been recognized that criminal groups deal with public servants, politicians and businessmen. When they deem it necessary, they will murder innocent people. Mozambique is acting at the national, subregional and international levels to control and combat these criminal groups. Nationally, the Government has enacted laws relating to criminal groups. At the subregional level, it is drafting and approving conventions, protocols and other types of agreements as a member of the Southern Africa Development Community (SADC).

It is a difficult moment for the people and Government of Mozambique. Floods, aggravated by cyclones Eline and Hudah, destroyed family homes, cultivated land, schools, buildings, roads and bridges, among other things. We will strive to restore as much of the destroyed infrastructure as possible and, at the same time, will attempt to fulfil the Government’s programme for development.

Mozambique is fully committed to fulfilling all United Nations instruments on crime prevention; transnational organized crime; trafficking in drugs, firearms and human beings; and to pursuing a sustainable system of democracy, justice, peace, development and poverty eradication through the various mechanisms of international, regional and subregional cooperation.

E.N. TJIRIANGE, Minister of Justice and Attorney General of Namibia: The interdependence of the developed and the developing world needs to be properly appreciated. Technical assistance is required in clearly identified areas of need, such as information exchange, transfer of knowledge, establishment of proper channels of communication, human and financial resources and the training of personnel. Even with costly readjustments, the efforts of individual countries in the developing world can, at best, only represent a mere drop in the ocean, compared with the vast resources available to transnational organized crime. Developing countries are extremely vulnerable to the serious threat posed by organized crime, and the Congress should take stock of the fact that developing countries need assistance in order to improve their capacity to effectively respond to organized transnational crime.

Namibia is strongly committed to the fight against crime. It is actively involved in subregional initiatives aimed at countering transnational crime within the framework of such institutions as SADC and the Southern African Regional Police Chiefs Cooperation Organization. The country is also involved in the negotiations on the draft United Nations convention against transnational organized crime. The convention will be an effective tool for those who have yet to promulgate laws on some of the crimes that fall within its scope, to model their laws thereon, taking into consideration the objective prevailing conditions in individual countries. In its national legislation, Namibia has enacted a number of laws seeking to facilitate the fight against transnational crime and enhance cooperation in other criminal and civil matters.

V.I. KOZLOV, First Deputy Interior Minister of the Russian Federation: Like other countries, Russia is witnessing an expansion of organized crime. Consolidating their territorial grasp, organized criminal groups are trying to spread to other countries’ territories. The analysis of available information demonstrates a tendency towards an increase in the number of organized crime groups, which are establishing transnational connections and participating in criminal activities in other countries. Russian experts are taking part in the research carried out by the International Center for Crime Prevention on the evaluation of the damage incurred as a result of organized crime. Globalization of crime requires globalization of efforts to overcome it.

The development of universal standards can ensure success of international cooperation against crime. The sphere of application of the convention against transnational crime must be wide in scope. It should include economic crimes and corruption. We also support inclusion of articles on money laundering. Bank secrecy should be limited, and provisions are needed to allow confiscation of illegal proceeds from crime. Russia is developing new legislation to deal with money laundering. It has also signed a convention on the subject with the European Union.

We also see an expansion of corruption, and an integral part of our anti- crime efforts is a fight against crime in all its manifestations. The Russian Federation is preparing a code of conduct for civil servants. It is also participating in international efforts against corruption. Illegal trafficking in firearms is a source feeding terrorism. Regardless of its motives, terrorism is one of the most serious crimes against mankind, and all countries must unite in their fight against it. Russia supports the protocols on firearms and smuggling of people, including migrants. As computerized crime has spread around the world, the Ministry of the Interior of Russia has set up a special unit to combat this form of criminal activity. However, it is impossible to overcome this problem without international cooperation. Also, significant technical expertise is needed for this purpose.

ERNST STRASSER, Federal Minister of the Interior of Austria: Organized crime must be fought uncompromisingly, by all possible legal means. There must be close cooperation between the individual law enforcement and prosecution authorities, as well as those responsible for crime prevention.

In the future, the community of nations must possess the instruments and mechanisms to counteract organized crime at all levels, from prevention and repression to prosecution. International experience in combating organized crime has shown that future enhancement of prevention, taking account of the technical, organizational, social and legal elements, will play a major role.

The endeavours of the community of nations in combating money laundering are characterized by the enhancement of prevention mechanisms. Awareness training of professionals specialized in economics, law and tax legislation will contribute highly to the future reduction of their abuse by organized crime.

Successful strategies in the fight against narcotic drugs are increasingly characterized by a balanced approach comprising repression, prevention and therapy. Prevention of addiction has become an indispensable component of efficient narcotics policy that ensures a focus on the human being in cases of addiction.

PATRICIO MORALES AGUIRRE, Under-Secretary of Police of Chile: Mutual legal assistance and extradition are among the aspects of international cooperation that Member States will have to agree upon with respect to their respective jurisdictions. We should not have a definition that is too broad or one that will compromise the observance of human rights. We should also contemplate the punishment of legal persons involved in organized crime.

We should exchange information and establish information units regarding money laundering and other activities. International agreements are an important development in the fight against crimes such as terrorism.

That is why extradition and mutual legal assistance will go a long way in punishing crimes of a transnational nature. Those who commit crimes will not be free just because they happen to be in another country. Chile has been involved in the establishment of international legal standards to combat transnational crime and will continue to be involved.

VICTOR G. GARCIA III (Philippines): Addressing the crime problem has ceased to be the exclusive responsibility of law enforcers. It has become a conscious collaborative effort with other formal pillars of the criminal justice system –- prosecution, courts and corrections –- in close partnership with the community. This policy thrust is embodied in the national peace and order council in the Philippines, which is supported by 16 active regional councils. This mechanism has democratized the formulation of the five-year master plan of action for peace and order for the years 1997-2001. The five-year and annual crime prevention plans are complemented by executive initiatives, such as the Presidential Anti- Organized Crime Task Force and a national drug prevention and law enforcement centre.

As a result of globalization of transnational crime, the Philippine Government faces more serious challenges, including illicit trafficking in human beings, trafficking in arms, drug problems and money laundering. It requires concerted international cooperation. The Philippine Government recognizes the need for closer coordination and cooperation among United Nations Member States in combating the world crime problem. It also believes in the urgent need to promote technical cooperation to assist countries in their efforts to strengthen their domestic justice systems and their capacity for international cooperation. The Philippine Center on Transnational Crime is at the forefront of national efforts to combat this juggernaut. The Government also convened the first Association of South-East Asian Nations (ASEAN) Ministerial Meeting on Transnational Crime in 1997. In 1998, it hosted the first Asian Regional Ministerial Workshop on the same subject.

Taking into consideration the need for the speedy completion of the draft convention on transnational crime, the Philippines urges States to accord equal importance to all aspects of the problem and make use of the outcome of the Tenth Crime Congress. Of paramount importance is the smuggling and trafficking in migrants. The Philippines recently rose to this challenge by launching, together with the Center for International Crime Prevention, Phase One of the Philippine pilot project under the Global Programme against Trafficking in Human Beings.

REFET ELMAZI, Deputy Minister of the Interior of The former Yugoslav Republic of Macedonia: We can improve our cooperation in the fight against crime. All countries have been trying to combat the crime phenomenon, but a single country cannot cope with the problem. Legislative and enforcement efforts should be carried out in the spirit of cooperation and mutual respect. In order to enhance anti-crime activities, a comprehensive prevention programme is under way along with initiatives to implement modern procedures. National law on prevention of corruption is in the final stages of its creation. Strengthening responsibility for public corruption is also needed. It is worth mentioning that the Government is revising regulations concerning money laundering.

As a country in transition, the Republic of Macedonia has directed all its potential towards combating the new forms of crime. The process of police reforms is under way. We are cooperating with other countries and participating in information exchange. A special unit for preventing and combating corruption has been established. The Ministry of the Interior is also involved in regional efforts against corruption. We have high hopes for the outcome of the Congress. We are fully committed to its agenda, and we fully support the draft declaration and the draft international convention on transnational crime and its three protocols.

SAID ABULLAATI (Libya): Crime has become a veritable scourge affecting all parts of the world, as well as the lives of all peoples. There should be some kind of response in the laws governing transnational crime. Organized crime is deep-rooted and has become part and parcel of national economies.

All competent authorities must organize and harmonize their activities to combat the scourge of transnational crime and make a real effort to join hands in combating the movement of illegal firearms and narcotic drugs.

All necessary steps must be taken to combat international criminal groups, which may have their headquarters in one country, but are active in all regions and every country. Transnational crime corrupts business and political circles wherever it operates. The draft convention will provide the possibility for all governments to exchange information and to formulate a common position on international crime.

In Libya, we have helped judicial police services by boosting their technological capacity. The Arab Group has concluded an international convention which has brought together home affairs ministers.

DUMISO DABENGWA, Minister of Home Affairs of Zimbabwe: There is abundant evidence that, in most of our pre-colonial societies, the traditional rulers were perpetrators of certain forms of institutionalized organized crime and corruption with regard to disputes over land and women –- the major types of property at that time.

The nature, seriousness and type of organized crime have become great cause for concern in our region. The majority of perpetrators are members of the business class who collude with the political and public service elite in abusing their official positions. The high incidence of organized crime in our region is a reflection of deficiencies in education, law enforcement and administration of justice. These deficiencies are, in turn, linked to poverty.

The high incidence of organized crime may be explained by the quality of our entrepreneurs, who are usually favoured by circumstances to engage in trade and industry. Lack of political will in enforcing international law and failure to comprehend the true scope and nature of organized crime are two other factors. The absence of free civic government and civic societies in African political life has alienated the grass-roots populations.

Our region has acquired a reputation for political instability, which is reflected in the rise of bribery and corruption. Effective disposition of offences under the umbrella of organized crime, therefore, involves an approach that recognizes each special feature of these categories of crime.

MAHER ABDEL WAHED, Prosecutor-General of Egypt: Given the diverse nature of crime, full international cooperation is imperative. Nations should continue to exchange experiences, and mechanisms of inter-State cooperation need to be strengthened. Crime prevention acquires special importance in this respect. It should take into account all social needs and requirements for social development, education and housing. For example, Egypt has doubled the budget allocated to questions of women and children, for it stands at the root of preventive efforts.

Greater focus should be placed on prevention within the international anti- crime strategy. We are all called on to continue our struggle against crime, and we must strengthen cooperation. No country is exempt from the evil of transnational crime, which violates the rights of individuals and destabilizes the regimes of the world. The international community must also become aware of the evil of terrorism, even if it pretends to be innocent and camouflages its real intentions.

SAIYID SAID HILAL AL-BUSAIDY, President of the Criminal Courts of Oman: Crime is a challenge for many countries across the world. It transcends all national frontiers, which makes it difficult to pursue offenders. The development of modern technology and the liberalization of international markets have given rise to a new culture. We are no longer facing new crimes, but sophisticated forms of old ones. Organized crime has been promulgated by criminal groups, and traditional crimes are now committed with modern means. Among these crimes are ecological crimes, drug trafficking and advanced technology crimes. Criminal organizations hide behind money and avoid accountability, breeding corruption. Money laundering is also a product of organized crime.

True international cooperation is required to combat international crime. Effective ways of fighting terrorism are crucial. Egypt fully supports coordination of international anti-crime efforts and the elaboration of the draft United Nations convention on transnational crime. We hope that we shall be able to adopt a balanced text, taking into consideration the interests of all countries. We also support the position of the “Group of 77” developing countries and China.

JANUARIA COSTA, Minister of Justice of Cape Verde: My country consists of 10 islands and has been independent since 1975. Its Constitution dates back to 1992. We are a democratic State based on the respect for fundamental freedoms and human rights of our citizens. Our geographical position is attractive to transnational criminal groups, for we are situated on one of the major trading routes. For this reason, we are particularly concerned about drug trafficking. We are making efforts to reform our legal system, trying to strengthen public security and protection. We have created a commission to coordinate our anti-drug action, which is promoting education and implementing projects of international cooperative support.

New codes are in advanced stages of preparation in Cape Verde. An entire pattern of legal development has evolved. In 1993, the Government created a judicial police force to combat crime, which has competence to investigate serious crime. Money laundering is also one of our concerns. Cape Verde attaches major importance to international cooperation, taking into consideration the danger of transnational crime. We have ratified legal instruments for cooperation and assistance from other countries. We also take part in the development of the United Nations convention against transnational crime. It will provide for assistance to countries which do not have resources to wage war against crime alone. The Crime Congress allows us to review the major points of global strategies against crime, and we are sure that its conclusions will become an important contribution in this respect.

MOHAMMED LAWAL UWAIS CON, Chief Justice of Nigeria: As a developing country, the institutions responsible for the administration of justice in Nigeria are bedeviled by inadequate facilities, especially in the modern equipment required to face the emerging challenges. With the restoration of democracy last year and the coming into operation of the 1999 Constitution, the concepts of the rule of law have found true expression in both the separation of powers and institutional independence.

As an active member of the international community, Nigeria has acceded to all international initiatives on the control of transnational crimes and has incorporated the spirit of these initiatives into its domestic legislation. Appropriate policies have been formulated and institutional structures established to control these crimes. Although successive administrations have made efforts to curb transnational crime, their success has been limited by political instability, as well as the lack of transparency and accountability in the conduct of public affairs.

Having begun our democratic governance, the imperative has been its sustenance through the pursuit of populist measures that would benefit the general population and, at the same time, foster greater cooperation with our international friends. Apart from the improvement of our vital institutions and agencies, the present democratic administration has taken bold initiatives to ensure transparency and accountability in both the public and private sectors. Our National Assembly has just passed an anti-corruption bill while stringent measures are being enforced in the conduct of public affairs.

It is in line with this objective that the Government is organizing an international conference on corruption and organized crime, to be held in Abuja from 7 to 11 May. The conference, which will gather jurists and law practitioners from around the globe, will examine the various threats posed by corruption and organized crime to global peace and prosperity. One of Nigeria’s –- and Africa’s –- greatest concerns about corruption and organized crime involves the repatriation of stolen funds.

FARID A. AMIN (Afghanistan): Afghanistan fully associates itself with all other delegations that have come to Vienna determined to combat crime. The outcry of all real victims of crime requires formation of a unified front against crime and criminals. Due to the ongoing imposed war, which has ravaged my country, I wish to make it clear that organized crime, money laundering and crimes on the Internet are not yet a big issue in my country. However, in recent years, transnational and cross-border crimes have been manifesting themselves in Afghanistan, mainly through drugs and terrorism. The cross-border criminal activities instigated from abroad are aimed at subjugation of Afghanistan and the “Talibanization” of the entire region. They are connected with drugs and violations of human rights. They emanate from the territories illegally occupied by the Taliban. The Government of the country is doing its best to combat these crimes. However, as the President of Tajikistan has pointed out, “the problem of Afghanistan is a European problem as much as it is a problem of Asia”. Therefore, it must be stressed that it calls for an international solution.

ELIO GOMEZ GRILLO (Venezuela): My country is encountering numerous criminal problems. There is violent crime, and we have suffered and are still suffering from spectacular banking frauds. We are working to bring to justice numerous offenders, including international drug traffickers. Venezuela serves as a bridge between drug-producing and drug-consuming countries. We are enacting a number of measures to combat drug abuse, and our national Constitution, adopted last December, includes a number of provisions dealing with capital fraud, narcotics and international organized crime. All the proceeds of illegal activities are to be forfeited, in accordance with the law. Luckily, terrorism has not really affected us, but I also wish to mention the problem of corruption, which is linked to transnational criminal activities. We wish to participate in mutual assistance activities in the sphere of international anti-criminal activities.

KIENG VANG, Secretary of State for the Interior Ministry of Cambodia: Cambodia has recently experienced more than two decades of civil war and the genocidal regime of the Khmer Rouge, which completely destroyed our small country. After the 1991 Paris Peace Agreement, Cambodia conducted two general elections, which paved the way to democracy and the rule of law. A process of reform is taking place in the country. Lately, new crimes, including kidnapping, drug trafficking and armed robberies, have been creating obstacles to the achievement of our goals. Even lacking technical equipment and adequate training, the country’s law enforcement structures have the capability to solve about 40 per cent of those crimes. We are also expanding cooperation with international law enforcement institutions.

In an effort to combat illegal arms possession, the Government has taken tough measures to safeguard public order and security: so far, we have confiscated nearly 70,000 firearms of all kinds. Currently, there are 24 prisons in the country. At the end of 1999, the number of convicted prisoners had increased by 20 per cent. We are facing serious difficulties in the treatment of offenders, and we are working to reform the penal system. Cambodia is concerned over the rise in transnational crime, but it has not actually documented transnational crime activities in the country. We call upon the international community to provide financial and technical support to our law enforcement institutions, and we are ready to cooperate with international efforts to fight transnational crime.

CAMILLE LEBLANC, Minister of Justice of Haiti: The term “crime” seems restrictive as some activities that are deemed legal should be categorized as illegal, particularly speculation in currencies and depletion of natural resources which can spell ruin for many countries.

Taking advantage of the political instability that has plagued Haiti since 1986, criminal syndicates have established themselves in Haiti. These networks, involving citizens of many countries, specialize in the illicit sale of firearms, stolen motor vehicles and narcotics. The drug trade is facilitated by the use of unidentified small planes and boats. The activities of these networks threaten the country’s political stability and economic development.

Laws relating to drugs and money laundering have been drafted and will be tabled in the Parliament that will emerge from the elections of 21 May. These laws entail the seizure of an offender’s property. However, it is not possible to differentiate between an offender’s legitimate property and the proceeds of crime.

Law enforcement is not enough. A change of mentality is necessary. Initiatives have been taken in partnership with civil society to educate the population with a view to creating a culture of legality and facilitating better cooperation with the forces of order and justice. In addition, negotiations have been launched with other countries in the region to put in place mutual information services for improved monitoring of the movement of criminal groups and to find ways to combat them more effectively.

SHAUKAT UMER (Pakistan): International crime threatens stability and safety of countries. It necessitates an international partnership and a call for a concerted international effort at all levels. Experience has shown that law enforcement alone does not succeed. It is necessary to recognize the merit of integrated strategies, encompassing prevention, rehabilitation and development. Pakistan has taken important measures to overcome corruption and establish transparency in all government transactions. It is also necessary to develop the concept of the limitation of demand for crime. It is important to develop stringent financial laws, for criminals usually take their money abroad. For this reason, safe financial havens must be eliminated. The criminal justice system needs to be strengthened and modernized. This requires education and training of the criminal justice bureaucracy.

Restorative justice approaches also offer the means of conflict resolution and rehabilitation of both the victim and the offender. The twin menace of poverty and ignorance must be tackled on an international level. One of the most horrid faces of international crime is the trade in human beings. This is the worst example of exploitation of human suffering and deprivation. It is also a recruiting ground for transnational criminals. The scourge of racial discrimination, ethnic cleansing and other forms of intolerance are also a threat. The international community must learn more about mutual coexistence.

We should oppose attempts to destroy human lives under the guise of combating terrorism. My country is a direct victim of transborder terrorism, but we cannot abide destroying whole communities under the pretext of fighting terrorism. It is difficult to definitely determine who is a terrorist nowadays. In some cases, a government might “push people into mass graves”, inciting them to violence. Craving for freedom is sometimes exploited to evil ends.

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