Vienna Chapter
Mr. President,
On behalf of the Group of 77 and China, I wish to express some views
of the countries that compose our Group in relation to the way in which
the negotiation process of the Convention against Transnational Organized
Crime and its three Protocols has been evolving.
The members of the G-77 and China have shown their interest for the
matters discussed here, and on various occasions have underlined the
importance of having enough time to produce acceptable and effective
results. This is only possible if our work is done methodically and
conscientiously. For this reason, we would like to request that the
negotiation and drafting process takes the necessary time to address these
complex matters comprehensively.
Regarding the scope of application of the draft Convention, we
especially note that the mandate given by the UNGA is to elaborate a
Convention against Transnational Organised Crime. It is not possible
therefore to have provisions beyond the scope of the Convention which deal
with matters which are purely domestic in nature. Provisions purporting to
deal with matters that do not relate to acts of transnational character or
to the conduct of organised criminal groups would be beyond the scope of
this mandate. To avoid any possible ambiguity as to the application of the
Convention, the words "transnational" and "organised
criminal group" should be expressed clearly with regards to the scope
of this instrument and whenever necessary, to explain the type of
organised criminal activity which the Convention seeks to address.
We recognise that in the spirit of international cooperation, the
provisions of the convention relating to judicial assistance may, as
appropriate, apply where the offence is serious and involves an organised
criminal group.
The G-77 and China appreciates the efforts that have gone into the
evolution of the text of Article 2 as in document A/AC.254/L.140, however,
we strongly recommend the use of the text of this article as given in
document A/AC.254/4/Rev.6, for negotiations. We hope that our work will
continue expeditiously, but without compromising the careful analysis of
national and international consequences of the Convention. The G-77 and
China reaffirm our commitment to the negotiation process and pledge our
continued support for the successful conclusion of the Convention.
Finally, we would like to emphasise that the final decision on the
adoption of the convention and protocols will be taken at a political
level by the General Assembly.
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