UN Vienna Meeting Opens High-level Segment
(Received from a UN Information Officer.)
VIENNA, 14 April -- The high-level segment of the Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders began in Vienna this morning with an appeal by Congress Secretary-General Pino Arlacchi for rapid signature and ratification of the draft United Nations Convention against Transnational Organized Crime and its protocols.
For some conventions, he pointed out, the consequences of adherence were often limited in scope for the signatory country; “for the Convention against transnational organized crime, this is not the case”. Every State that did not live up to the basic standards contained in the instrument “constitutes a potential safe haven and launching pad for transnational organized crime. As long as there are gaps in coverage, we will not succeed in our objective. There can be no weak links in the chain of enforcement”. Mr. Arlacchi also urged nations to avoid “bureaucratic slowness and undue concern for petty issues” in the struggle against transnational crime, and called for greater resources aimed at implementing international cooperation and at assisting developing countries to put in place the necessary machinery.
The Vice-President of Colombia, Gustavo Bell Lemus, who is Chairman of the high-level segment, called for international solidarity in the battle against crime, saying that the international community could not continue with traditional means and procedures. “If we make progress in achieving a coherent programme in preventing criminals from using borders as protective trenches, we will have achieved significant success.”
The Deputy Foreign Minister of Iran, Mohammad Javad Zarif, emphasized the need to apply a broader meaning of justice –- one that went beyond the strictly legal and technical sense. When about half the world’s population lived on less than $2 a day and about 1.2 billion people must make do with less than $1 a day, poverty and starvation became an immediate consideration of justice.
Cuba’s Justice Minister Roberto Diaz Sotolongo called for an end to the United States economic embargo against his country, terming it an act of terrorism for which legal redress was required.
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The President of Tajikistan, Emomali Rakhmonov, observed that some States, in the struggle against terrorism at home, indirectly supported international terrorism in other countries and regions when they described terrorists as fighters for freedom and human rights. It was urgent, therefore, to agree on a comprehensive and universal convention that would define international terrorism and elaborate specific avenues for international cooperation in combating it, stipulating sanctions against States which declined to cooperate and which supported terrorist groups.
The Minister of State in the Home Office of the United Kingdom, Charles Clarke, observed that a major theme at the Congress was innovation, which implied the adoption of new measures to meet new challenges. The Government endorsed the aim of promoting tough and effective law enforcement, balanced by effective safeguards for human rights and standards of justice. In order to make the best use of resources available, the importance of focusing on a tangible outcome must be emphasized.
Also speaking on this morning’s high-level segment were the Prime Minister of Slovakia, the Minister of Justice of Portugal (on behalf of the European Union), the Special Representative of the President of Algeria, the Minister of the Interior of Finland, the Vice-Minister of Justice of the Republic of Korea, the State Secretary in the Federal Ministry of Justice of Germany, and the Minister of Justice of Poland. In addition, the Mayor of the Italian City of Palermo made a statement.
The Congress’ high-level segment is scheduled to resume at 3 p.m. today.
Statement by Chairman of Congress High-Level Segment
GUSTAVO BELL LEMUS, Vice-President of Colombia and Chairman of the high- level segment of the Crime Congress: We meet at a time of signal importance for our people, wherever they are located and whatever their level of development. This Congress is a guide for concrete action. It must leave a vital benchmark in the fight against crime and bring us together regardless of borders.
In our battle against crime, Colombia stresses the need for international solidarity. The forms and characteristics of international crime affect us. We also need to think about the powerful reasons for equity in order to act against powerful criminal organizations acting globally. We must bear the responsibility jointly; nobody can stand aloof from these problems. We should channel international action in this context.
We must proceed with a spirit of give and take to bring about public compensation for the victims of crime. The challenges are enormous. We must consolidate coordinated action in the fight against organized crime. The international community is driving forward an important programme to agree on concerted mechanisms of action against organized crime that will promote joint action. We have a unique opportunity to accelerate the initiation of the necessary anti-crime measures through the draft convention and its attendant protocols.
There is a vital need to promote actions against the structures of organized crime. Repressive mechanisms alone will not work. Negotiations now under way in the ad hoc committees will produce the most appropriate instruments available to the international community.
We must devise a global instrument to establish a clear commitment to combat the scourge of corruption by tackling banking secrecy and closing off criminals’ room for manoeuvre. We cannot go on dealing in traditional means and procedures. If we make progress in achieving a coherent programme in preventing criminals from using borders as protective trenches, we will have achieved significant success. What we do in this Congress will largely determine what we will be able to do in the next five years. We cannot betray the trust of those who have sent us here.
Statement by Secretary-General of Congress
PINO ARLACCHI, Congress Secretary-General and Executive Director of the United Nations Office for Drug Control and Crime Prevention: The liberalization of trade -- the free movement of goods and services -- is at the heart of globalization. Many people benefit from the elimination of protected markets and from the free flow of information. The negative side of globalization lies in the abuse of these new freedoms. Transnational criminal organizations have been among the first to take advantage of the new global reach made possible by the revolutions in communication, transportation and commerce.
The sheer volume of cross-border activities has reduced our ability to control illegal trade and illegal immigration. Mingled with the stream of welcome tourists and visitors, criminals move hundreds of thousands of illegal immigrants. Their illegal status and lack of information make them ideal objects for exploitation. The traffickers who bring them across borders are the “modern slave traders”, for many of the people lured into using their services become virtual slaves. Professor Kevin Bayles estimates that 27 million people around the world currently live under various forms of slavery, which include debt-bondage arrangements and contract slavery. Many illegal immigrants end up as beggars, accomplices to crime, sweatshop workers or prostitutes.
The exploding traffic in human beings is not the only criminal activity profiting from globalization. Firearms for illegal use also move across borders. Small firearms have killed over 2 million people in western Africa, 90 per cent of them civilians, since 1990. Developing countries account for nearly 70 per cent of all illicit firearms purchases. There are 600 million personal firearms around the world not in the hands of the police. Handguns are one of the main instruments in the 27 million violent crimes and 950,000 murders committed every year.
Illegal drugs also move across borders, their value increasing at every step. We now have solutions in hand for the economic situation of the farmers who grow opium poppy and coca bush. Their profits are small and can be offset by economic development in the growing areas. The main challenge lies in addressing the damage done by drug trafficking and by drug abuse itself. The abuse of drugs has also gone through a globalization process. Highest rates of heroin use are now in developing countries. The current wave of abuse of amphetamine-type stimulants, produced mostly in Europe, is a truly global affair. Some specialists claim that drug traffic is equal to 8 per cent of world trade. The enormous profits are used in many cases to finance armed conflicts and terrorism.
Globalization would not have been possible without the revolution in technology, which has occurred in the past 20 years. The advent of global electronic banking has been the key to economic integration and market expansion. Transnational crime generates huge money. It must move this money around to mask its origins. Crime groups have been primary beneficiaries of the major advances in the financial service industry. Large sums can quickly and easily be moved far away from the scene of the crime. What might otherwise be a local case takes on a more complex transnational dimension. Transnational transfers are used to escape the arm of national law enforcement.
Technological advance has also had other impacts on crime. We must now confront a totally new form of crime -- cyberspace crime, sometimes called computer or Internet crime. Threats are posed to individual security and to the security of business and government. From child pornography to cyber-stalking to fraud to sabotage -- old crimes have taken on new electronic trappings.
“The price of liberty”, Thomas Jefferson noted 200 years ago, “is eternal vigilance”. To paraphrase the great statesman, we can say that the price of globalization is continuous judicial cooperation. Addressing the impact of globalization on organized crime requires a global approach. We are moving in that direction. Before the end of this year, the first convention against transnational organized crime should be ready for signature. Three protocols accompany the convention, addressing trafficking in human beings, smuggling of migrants and illicit firearms. The convention will provide a common legal framework for international cooperation. It will only succeed if States strengthen their legal, judicial and enforcement structures to comply with the convention.
For some conventions, the consequences of adherence are limited in scope to the country which signed. For the convention against transnational organized crime, this is not the case. Every State that does not live up to the basic standards constitutes a potential safe haven and launching pad for transnational organized crime. As long as there are gaps in coverage, we will not succeed in our objective. There can be no weak links in the chain of enforcement.
My first appeal to you is for a major political push for rapid signature and ratification. The spirit of consensus must be now converted into global adoption of this new and powerful instrument. Last month, 20 Asian and Pacific governments meeting in Bangkok pledged themselves fully to the convention process, including signature by the end of this year. This Congress offers all governments an opportunity to make a similar commitment here in Vienna.
The draft convention has not come to life in a vacuum. It is a logical step in a series of developments in international cooperation against crime. The 1988 Convention specifically targets drug trafficking and related crime, a departure from earlier conventions, which approached drugs more from the regulatory perspective. The 1998 special session of the General Assembly on drugs went a step further, converting consensus into commitment to concrete objectives, and setting deadlines. Enhanced judicial cooperation and measures against money laundering were among the six target areas.
Progress is encouraging in the application of the outcome of the special session. To give just one example, we have launched what we call the Offshore Forum, an effort to achieve a constructive engagement with the 55 jurisdictions serving as offshore financial havens. Just two weeks ago, at the first meeting under the Offshore Forum, 36 jurisdictions have agreed to seek political commitment by September to a set of basic standards to be applied to international banking transactions. Assistance will be provided by the United Nations Office for Drug Control and Crime Prevention (ODCCP) to those jurisdictions that need it to convert that commitment into reality.
With the support of Member States, we have also launched three global programmes in the Centre for International Crime Prevention. The first programme concentrates on research into the nature and extent of transnational organized crime. Without first-class information and expert analysis, we cannot hope to outsmart organized crime groups. The second one addresses the trafficking in human beings, and the third addresses corruption, offering to Member States assistance in designing and implementing a comprehensive anti-corruption strategy. There are also other initiatives at the international level, which are already part of the response to the new challenges before us. Momentum is building, but it is not moving nearly as fast as technological change and the globalization of society.
This observation is the basis for my second appeal. We must accelerate the pace of pro-active work at the national and international levels. We run a serious risk of falling even further behind in fighting transnational organized crime if we are hindered by our own procedures. We cannot afford bureaucratic slowness and undue concern for petty issues. It is time for the politicians to listen to the public and take responsible action, not crowd-pleasing action, but responsible action that will address crime in all its aspects, not the least of which is organized crime and the enormous destructive power it wields.
We will have a new convention in a matter of months. We must address the question of how it will be implemented. In addition to the necessary institutional arrangements, we need to give urgent attention to ways in which countries can be helped to implement the convention. This brings me to my third and final appeal to you as leaders of your countries. To convert this political will into reality requires resources. At the national level, this means enhanced support for the entire judicial system. In industrialized and developing countries alike, it means resources for training law enforcement officers and the judiciary in the new techniques needed to fight the new kinds of crime. At the international level, it means greater resources for measures aimed at implementing international cooperation and at assisting developing countries to put in place the necessary machinery.
We have no choice but to understand and adapt to the numerous changes in the world. The greatest threat to peace and prosperity is no longer inter-State war. It comes from organized non-State actors who resort to violence, crime and terror to achieve their ends. Often, criminal groups join with ethnic, religious or separatist movements, using them as fronts -- seeking legitimacy by association. Political conflicts open opportunities for criminal organizations. Criminal proceeds fuel adventurist political ambitions. State sponsorship of terrorism has been largely replaced by criminal sponsorship, funded by the proceeds of trafficking and organized crime.
Criminal groups draw in individuals who may have served in government or who may still be serving. They are needed for their privileged knowledge and connections. In other words, they are needed to subvert the democratic process and the rule of law. In some countries, organized crime has not only penetrated banking and other businesses, it has also begun to subvert the core structures of the State. In his millennium address several days ago, the Secretary-General emphasized that this is not the time of the eclipse of the nation-State, as some have claimed. “On the contrary”, he said, “States need to be strengthened. And they can draw strength from each other, by acting together within common institutions based on shared rules and values.”
It is in this sense that I reiterate my three appeals to you, statesmen and leaders from around the world.
High-Level Segment Statements
MIKULAA DZARINDA, Prime Minister of Slovakia: Countries in transition often lack professionals trained to combat crime. However, the continuing democratization process increases the resolve of the representatives of reform governments to suppress crime and combat corruption. The Slovak Government approved the Strategy on Crime Prevention last year. It contains specific preventive measures in economic, organized and drug-related crime.
Slovakia supports United Nations efforts for rapid adoption and ratification of the convention on international organized crime, as well as other activities concerning the drafting of international instruments for combating corruption, and crimes related to racism, xenophobia, racial discrimination and other forms of intolerance. Organized economic crime causes significant damage to the Slovak economy, particularly tax evasion, evasion of customs duties, and privatization fraud. With the objective of stopping the legalization of crime-based income, we are preparing new legislation that will more consistently take into account standards and recommendations adopted by the United Nations, the European Union and the Financial Action Task Force.
Computer crime does not so far represent a significant problem in Slovakia. However, it can be expected that progress in computerization will increase the number of such offences. Until now, only sporadic attempts at tapping protected data for commercial use or illegal transfers of money have been registered. In this context, we are joining the call for steps to adopt international measures preventing and controlling computer crime. We are also interested in assistance in the training of experts in this field.
The main goal of our National Programme for Combating Corruption is, first, to reduce corruption in public life and in the use of public funds. Essential steps include the elimination of points of potential corruption, elimination of arbitrariness in official decision-making and increasing transparency. Reform of the judiciary is another important part of preventing corruption. This reform will include the adoption of a code of conduct for judges, simplification of rules of procedure, reform of administration and funding of the judiciary, combined with the strengthening of its self-governance bodies, and improvement of the efficiency of individual courts.
ANTONIO COSTA, Minister of Justice of Portugal, speaking on behalf of the European Union and associated countries: Countries are threatened by terrorist attacks and other criminal acts. These matters need to be urgently addressed, not just by individual States, but with the maximum amount of international cooperation. In this context, the European Union has adopted a mobilizing goal of creating an area of freedom, security and justice. It is a requirement for membership of the Union that all its member States must respect the rule of law as a common principle. The Union has been actively seeking to develop legal and other measures to strengthen the rule of law in criminal justice. While we recognize that there are many legal traditions and systems involved, this is a process we would wish to endorse for development at the United Nations level.
The theme of organized crime has been receiving significant attention from the Union. At its recent meeting, the European Council has affirmed its deep commitment to reinforcing the fight against serious and transnational crime and directed a series of measures in that area. It has also clearly stated that money laundering is at the very heart of organized crime and outlined a number of specific anti-laundering measures. Experience within the European Union has shown that a multidisciplinary approach to law enforcement is needed. A new European Union strategy on the prevention and control of organized crime for the beginning of the new millennium has been put in place recently. It provides for a dynamic and coordinated response by the Union and its member States to the ever-changing manifestations of such crime.
In the field of crime prevention, the European Union appreciates the extent of work carried out by the United Nations and other international bodies. In December 1998, the Council of the Union adopted a resolution providing for a broadly based approach, focusing not only on law enforcement agencies and judicial authorities, but also encompassing efforts on the part of civil society. The Tampere European Council also called for the integration of crime prevention aspects into anti-crime actions. It directed that common priorities should be developed in crime prevention in the domestic and external policy of the Union. The strategy on the prevention and control of organized crime provides for the adoption by the European Union of specific measures in relation to prevention. Crime prevention programmes are also being developed within the member States. Also, a high-level conference on crime prevention is scheduled for early May within the framework of the Union.
The need to safeguard the rights of victims has attracted increasing attention. The position of victims in criminal justice was specifically recognized by the Tampere European Council, which stated that minimum standards should be drawn up within the Union in that respect. The Portuguese Presidency of the Union, in close cooperation with its European partners, is developing measures to ensure an integrated approach to this aspect.
The draft declaration on crime and justice should accord high priority to the expeditious adoption of the draft convention against transnational crime and its protocols. To cater to the different competencies which operate within the Union, mandates have been conferred on the European Commission to negotiate in respect of the three protocols. The Commission and member States are acting jointly to ensure success of the negotiations. The Union attaches particular importance to the provisions in the text which address the issues of combating transnational crime, including the criminalization of conspiracy and criminal association, money laundering, corruption and protection of victims.
Countries of the world are turning to the United Nations for assistance in crime prevention and the fight against organized crime. There is no other suitable international structure to provide such assistance. The Congress has to deal with a significant body of work. It must also assure a follow-up to its outcome. The European Union is prepared to play its full role in ensuring that all relevant tasks are successfully and efficiently carried out.
EMOMALI RAKHMONOV, President of Tajikistan: As Tajikistan goes towards building a democratic country with a market economy, terrorist actions by certain hostile groups have a serious negative influence on society’s stability and tranquillity, and hamper a steady implementation of reforms. The majority of terrorist actions in Tajikistan have been carried out on the basis of religious extremism and to achieve certain political goals. International conventions on terrorism do not specify it as a separate problem and consider it along with other crimes. Regrettably, the international community has not been able to reach an agreement on a unified definition of terrorism.
In such circumstances, some States combating terrorism at home indirectly support international terrorism in other countries and regions, describing terrorists as fighters for freedom and human rights. Therefore, it is urgent to agree on a comprehensive and universal convention that would define transnational terrorism and elaborate specific directions of international cooperation in combating it, stipulating sanctions against States which decline to cooperate and which support terrorist groups. It would also harmonize legal acts regulating issues of combating terrorism.
Transnational criminal groups attach special importance to illegal drug trafficking, a major source of their earnings. Illegal drug trafficking, considered until recently as a local and regional problem, now more frequently affects the interests of all States. Taking advantage of the difficulties of the transition period and of limited resources for protecting the border with Afghanistan, international drug traffickers use our territory as a transit route for trafficking drugs to the Commonwealth of Independent States (CIS) countries and to Europe. This threatens not only the security and stability of Tajikistan, but, to a certain extent, becomes a serious obstacle in the way of developing its statehood.
Tajikistan has joined all basic international and regional conventions and memoranda on the problem of narcotics. An agency on drug control under the President of Tajikistan has been created to coordinate activities aimed at combating illegal drug trafficking. National legislation concerning drug-related crimes is being improved. There is fruitful cooperation between thE Government and the United Nations Drug Control Programme. But Tajikistan needs more active support and concrete help from the international community in order to close drug trafficking channels.
Afghanistan is as much a European problem as it is Asian. There is no military solution to the Afghan conflict. The major role for its settlement should belong to the Afghan people under the aegis of the United Nations. Therefore, the international community -- and first of all the United States and Russia -- should devote all their efforts to strengthening the leading role of the United Nations as a key mediator between the parties in order to achieve the speediest restoration of peace and national reconciliation in Afghanistan.
FARID BENCHEIKH, Special Representative of the President of Algeria: New aspects of crime are demonstrating the need for new measures in the fight against transnational crime. Preventive and repressive means need to be harmonized with prevention efforts. International crime has numerous root causes and results in serious losses around the world. The danger is quite palpable and identifiable. Transnational crime poses a threat not only to human lives, but also to people’s property and to the economies of the world. The criminals utilize new technologies, and their activities generate huge amounts of money. For example, distribution of false bank notes in Bahrain caused significant financial damage to the country.
Through new technologies, criminals find it easier to launder the proceeds of their illegal activities. Some criminal organizations have their own communications networks, and the Internet provides ample opportunity to criminals. Some criminal organizations purchase powerful structures in certain countries and infiltrate the political institutions. Criminal structures are also depleting the cultural heritage of countries and causing significant ecological damage. Economic development cannot be carried out under constant threat. Insecurity in a given part of the world leads to fear in investors which, in turn, results in financial losses. In the face of this challenge, the international community needs to protect itself through international cooperation. In addition to the welcome elaboration of the draft convention on organized crime, countries must undertake measures of their own.
Harsher penalties are needed against certain kinds of crime. Criminals find it easy to adapt to new conditions, but law enforcement bodies can overcome their intelligence. Sufficient training should be provided to security services, whose technical level must be increased. Criminal organizations live in a virtual world without frontiers. For this reason, information exchange is vital for the purposes of international cooperation. Preventive measures and raising public awareness are also important. Lately, a criminal sub-culture has developed, and it is necessary to protect children against it. Science and education must help countries raise awareness among the vulnerable groups of population.
In Algeria, measures are being taken to ensure safety of people and to prevent loss of lives and damage. Minor offenders, who may later go on to organized crime, should not be overlooked. Social control has to play a major preventive role. Rather than play a restrictive role, local police can participate in the daily management of citizens’ safety.
The international community is now taking measures to overcome the problem of international organized crime, and we welcome the efforts to elaborate the convention on transnational crime and its protocols. An international network of data could become an important tool of international cooperation. Harmonizing legal measures is also required. In view of the transnational nature of crime, the new convention on transnational crime will not be an ordinary one. By its very nature, it should promote international cooperation against crime. Also, international terrorism is playing an increasingly prominent role in the world, and the draft convention should address this crime.
ROBERTO DIAZ SOTOLONGO, Minister of Justice of Cuba: After years of holding congresses on crime, the graphic reality is that United Nations efforts have not achieved the expected results. Crime has continued on an upward trend. One reason is the alarming benefits to be obtained in the illegal trafficking of drugs, firearms, migrants and other human beings. Those benefits are constantly increasing.
The state of misery in which billions of people live -- those who are illiterate, unemployed and living in unhealthy conditions -– are, to a large extent, the other reason for this phenomenon. Cuba does not have organized crime, nor do criminals act with impunity. Nevertheless, faced with dangers from outside, we have been strengthening our laws in recent years. Illicit dealing in drugs, human beings, migrants and minors may be punished by imprisonment. Judges and lawyers are elected by the people and owe obedience only to the law. The criminal justice system responds very swiftly to crime.
Our popular triumph of 1 January 1959 did not represent the end of the Cuban people’s struggle. At this Congress, much has been said about international cooperation. But there must be an end to the hostility that Cuba has suffered at the hands of the most powerful country in the world. Legal redress is required for the terrorism which that country has undertaken against Cuba, including assassination attempts against its leader.
Many children have died, and economic damage against my country amounts to $181.1 billion as a result of the economic blockade against Cuba. Laws, including the Torricelli Act and the Helms-Burton Act, stimulate the illegal movement of human beings from Cuba to the United States and the perilous crossing in which hundreds of Cubans have lost their lives. The Elian Gonzalez case represents the most graphic example of that illegal movement. The hostile and genocidal actions against my country must end, as must the activities of the Cuban-American Mafia in Miami.
MOHAMMAD JAVAD ZARIF, Deputy Foreign Minister of Iran: Iran is committed to promoting justice in the legal or technical sense, that is, promoting the rule of law and strengthening the criminal justice system. But justice must have a broader meaning in these days when the forces of globalization are working at lightning speed. When about half of the world’s population lives on less than $2 a day and about 1.2 billion people must make do with less than a dollar a day, poverty and starvation become an immediate consideration of justice. Iran supports the statement by the “Group of 77” developing countries and China calling for technical assistance and shared responsibility, based on respect for sovereign equality of States and non-interference.
International cooperation must be strengthened to eliminate the root causes of crime, such as poverty, underdevelopment and unemployment. This would amount to an effective preventive measure. This process, coupled with inclusion of other important elements in preventing crime, such as the application of restorative justice, can establish a good multidimensional strategy for combating crime.
The draft convention, like its predecessor, the United Nations Drug Convention, is mostly a law-and-order instrument. In implementing this primarily law enforcement tool, care must be taken that the integrity of domestic legal systems is not compromised. In this context, the scope of the draft convention’s application must be responsive to these concerns. Its provisions on respecting the sovereign equality and territorial integrity of States and non-interference in domestic affairs of other States are fundamentally important. Under such circumstances, misgivings about the possibility of over-zealous criminal justice practitioners trying to exercise jurisdiction in the territory of other States would be substantially removed.
Resources and means available to effectively combat transnational organized crime are not evenly distributed. This problem is compounded by the fact that the fear of transnational organized crime and the perceived benefit of combating it are also not evenly distributed. This is perhaps an immediate challenge to provide appropriately custom-made incentives to countries that are willing, but unable, to become reliable partners in the fight against transnational organized crime. It is a disincentive to those who are reluctant to do so because of their perceived interests in attracting the proceeds of transnational criminality.
CHARLES CLARKE, Minister of State in the United Kingdom Home Office: Organized crime has many victims, but the hardest hit are not rich people or rich countries, but ordinary people -– especially the poor and the vulnerable -- and developing countries. Organized crime brings wealth to a few people by hurting the many. It generates an atmosphere of fear and corruption and subverts the rule of law. It also limits economic progress and investment. It goes without saying that governments have a special responsibility to protect their own citizens from the effects of crime. But there is now a growing recognition of the need for effective international cooperation in fighting crime. The United Kingdom attaches great importance to the completion of the United Nations convention on transnational organized crime and its three protocols, which can become a milestone in the fight against crime. The international community has a shared interest in securing a convention that is both workable and effective in concrete terms.
The United Kingdom already cooperates in practical ways with many other countries in the fight against organized crime, for example, through police and customs officers based in British embassies throughout the world and through partnerships between our police forces and specified countries. It will support further initiatives of this kind. One example is the establishment of a criminal intelligence unit to tackle organized crime in Kosovo. The United Kingdom has decided to contribute some 20 police, customs officers and analysts to help set up this unit.
A major theme of the Congress is innovation, which implies adoption of new measures to meet new challenges. The United Kingdom is actively participating in negotiations on the Financial Action Task Force on non-cooperating jurisdictions and the negotiation of a cyber-crime convention in the Council of Europe. The Crime Congress is providing a valuable opportunity for spreading the word about new and better methods of cooperation. The Government is also taking steps to improve the country’s own performance as a cooperation partner. It has recently embarked on a complete review of its Mutual Legal Assistance procedures, which will culminate in the introduction of new legislation and implementation of new procedures. The country has also announced plans to speed up the streamlining of assistance to other jurisdictions. The United Kingdom is determined to do more to prevent criminals from laundering their money through its financial centres and investment markets. It is actively examining the mechanisms by which criminal assets can be traced and confiscated, and it intends to bring forward detailed proposals for improvement soon.
The United Nations has played an important role in mobilizing the international community against crime. It has led the way in the fight against drug trafficking, and the attention it is now giving to other types of organized crime is welcome. The United Kingdom endorses the aim of promoting tough and effective law enforcement, balanced by effective safeguards for human rights and standards of justice. In order to make the best use of the resources available, the importance of focusing on tangible outcomes must be emphasized.
KARI HAKAMIES, Minister of the Interior of Finland: Finland has developed a crime prevention policy, and its experience has been positive. The main idea is that not only the State, but also all spheres of society, must act against crime. Particular attention is directed towards the creation of a sense of security. The programme is aimed against all types of criminality and seeks to decrease opportunities for criminal behaviour. It also targets criminogenic risk factors connected with childhood. Finland was one of the first countries to apply situational measures to the prevention of economic crime. Violence against women is another important field of anti-crime action in Finland. Along with other measures in this respect, Finland has been one of the few countries to carry out a national survey specifically addressing violence against women.
During Finland’s recent Presidency of the European Union, the Tampere European Council had transborder crime as one of its main themes. A number of measures were identified in this respect. Particular attention was paid to the control of on- and offshore financial centres and the prevention of money laundering. The Helsinki European Council at the end of 1999 called for a new strategy for preventing and controlling organized crime. The strategy, which was introduced by Finland, was approved by the European Council at the end of last month.
The United Nations is carrying out important work in combating international crime. Finland actively supports the drafting of a convention on transnational crime and its protocols. It believes that it will be a major contribution to international cooperation in dealing with organized crime in general, as well as with trafficking in firearms and persons and illegal migration. However, and this is a central point, a balance should be maintained in the work of the United Nations programme. Organized crime is a serious problem worldwide, but the reality is that Member States around the world are confronting the crime and criminal justice problems, as well, and are turning to the United Nations for assistance.
KIM KYUNG-HAN, Vice-Minister of Justice of the Republic of Korea: The impact of corruption is not confined to harming the integrity and reputation of individuals. It threatens the rule of law, undermines citizens’ confidence in their governments and paralyses public moral sense. In the end, corruption impairs the efficient allocation of resources and disturbs market systems on both the domestic and international fronts.
The Republic of Korea formed a special anti-corruption committee in 1999 to coordinate programmes and activities. Diverse anti-corruption programmes are being prepared and enforced under the comprehensive strategy designed by the committee. Furthermore, the Government has signed and ratified the Organization of Economic Cooperation and Development’s (OECD) anti-bribery convention and is stepping up efforts to crack down on corruption among public officials. All these efforts have increased public awareness against corruption. Corruption among public officials is diminishing at a remarkable rate.
In order to fight cyber-crime, each nation should first take the necessary measures to improve domestic laws and regulations against cyber-crimes. National cyber-space governed by lax or inadequate laws will be used by cyber-criminals as a “data haven” to conceal their identities and evade pursuit by law enforcement authorities. Therefore, an international standard on cyber-crimes should be established and an international training programme developed to provide each nation with technical assistance useful in implementing that standard.
HANSJORG GEIGER, State Secretary, Federal Ministry of Justice of Germany: Ranging from shoplifting to spectacular cases of violence, crime constitutes a central problem in society today. It is true that, over the past few years, there has been a slight decline in registered crime and an increase in solution rates. However, in view of the high total figures and alarming crimes of violence, we have to face today the question as to whether the decision-makers have really done everything possible to meet this challenge. One crucial question is how we can jointly respond to organized transnational crime. Another aspect is how we can focus more attention on the victim. The answer is simply that prevention is better than cure. First, it is necessary to eliminate the causes of crime and to recognize the importance of preventive measures. Above all, crime must be combated where it occurs.
Today in Germany, there are already more than 1,600 agencies identifying specific problems and working out solutions. It is here that crime prevention gets to the roots of crime. Community involvement is what is required. In a large number of countries, experience shows that work in local communities can be given effective support by the Government. This year, a national forum for crime prevention will be established in Germany to make crime prevention a key topic at national level. The suffering of victims should not be intensified in court proceedings. In addition to meting out punishment for crimes, reparation and compensation for victims must also be pursued as an important goal in criminal proceedings.
Another central problem is transnational organized crime. From the start, Germany has been fully committed to the drafting of international instruments against this kind of crime, including the draft convention on transnational crime. Restriction of this instrument to cases where the offence concerned has been committed by criminal associations is mistaken. The convention must enable far- reaching cooperation between States in the criminal prosecution of transnational organized crime. The convention must ensure both extradition of the law-breakers and the confiscation of the loot or recovery of the evidence by the State where the crime was committed. Account should be taken of the special attributes of different legal systems and traditions. We no longer have time to develop solutions to every conceivable nuance. Not everything is feasible in the short run, but we must on no account dispense with what is essential.
Presumably, there is consensus that suppression of transnational crime is doomed without effective measures against money laundering. However, such measures must not amount to mere penalties for the offence. A number of accompanying measures are needed. We should not shy away from going back to recognized approaches even if they were developed outside the United Nations. A case in point is the 40 recommendations on the matter by the Financial Action Task Force. The convention could also make provisions on the obligation to develop the necessary national regulatory and monitoring systems, based on those recommendations. That should be implemented gradually. The process of development and implementation would be governed by what is possible in national terms, and would naturally have to take place in compliance with the fundamental principles of the relevant national legal system.
HANNA SUCHOCKA, Minister of Justice of Poland: While developing its administrative and legal system, Poland fully supports all activities which constitute efficient forms of opposition to organized crime and corruption under collective and bilateral agreements. The changes in Poland’s penal code and penal proceedings came into force as of 1 September 1998. The new penal code provides for an efficient legal instrument in the fight against organized crime.
The new measures involve an extraordinary mitigation of punishment for perpetrators of crime who agree to cooperate with investigative authorities and release information concerning persons participating in the crime and related circumstances. In light of the new legislation, perpetrators are deprived of
material benefits directly or indirectly derived from the crime. Property originating from crime must be forfeited to the State, unless returned to the victim or an authorized party.
Regulations on the protection of confidential bank data are being gradually developed. Under the Banking Act of 1997, information containing confidential banking data can be released to the prosecutor before investigative proceedings in the event of a justified suspicion of money laundering activity. New legislative regulations facilitate the activity of the investigative authorities responsible for prosecuting certain types of crime and furnish them with new instruments of detection. This applies particularly to controlled purchases, secretly monitored deliveries, acceptance or handling of material.
LEOLUCA ORLANDO, Mayor of Palermo, Italy: In 1988, in Palermo we had 240 murders, that is nearly a murder a day. Last year, there were only seven murders in Palermo. What happened? A true revolution, made possible by the sacrifice of such heroes as magistrates, policemen, political leaders, but also and especially thanks to the commitment of the whole population of the city. The population decided that it was no longer possible to pretend that there was nothing to see, nothing to hear and nothing to speak about. It was time to take back dignity and courage and to build a new community on the basis of the culture of lawfulness.
Palermo was like a bottle of champagne, where the cork finally exploded, and when that happened, it was possible for the citizens to taste and appreciate the flavour of the city. The Mafia has not completely disappeared in Palermo, but it no longer controls the minds of the citizens. We fought against the Mafia with all the instruments of law enforcement, but we also added a cultural fight. The results achieved in Palermo are now studied and observed by international experts and leaders. We believe we should share our experience. The same is happening in the cities of Tijuana, Mexico and in San Diego, California. It would be extraordinary if the United Nations did not take the lead in this exchange of information and experience. The United Nations should promote a culture of lawfulness.
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