Vienna Chapter
Mr. Chairman,
Allow me first to express on behalf of the Group of 77 and China, our
congratulations to you on your election and members of the Bureau. We
assure you of our full support throughout the sessions.
Mr. Chairman,
The Group of 77 and China attaches great importance to the task
before us. You may recall that the General Assembly Resolutions 55/61,
55/188 and the Resolution recently adopted by ECOSOC at its last session
had mandated for the proposed Ad Hoc Committee to elaborate an effective
and binding international legal instrument against corruption, in the
broadest possible manner, in order to tackle corruption more effectively
and efficiently as well as to help Member States in building integrity in
order to prevent, fight corruption and face the challenges posed by
transnational corruption.
In this connection, the envisaged independent International Legal
Instrument against Corruption would require a comprehensive approach. Such
an instrument must therefore provide an international binding legal
framework for detection, investigation, criminalization, prosecution of
corruption while taking into consideration the differences in legal
systems and bridging them. It is also paramount that such an instrument
should provide for international cooperation, foster mutual technical and
legal assistance and make provisions for preventive measures.
In particular the G-77 and China considers that the terms of
reference to be recommended for the Ad Hoc Committee by this Experts Group
Meeting should include, among others, broad definitions that include all
aspects related to public and private corruption; a scope of application
that would be equally broad; a set of preventive measures, a chapter on
criminalization of a broad catalogue of the acts of corruption; one on
mutual legal assistance and cooperation including an effective clause that
would foster international cooperation, exchange of information that will
facilitate tracing of funds and transfer of funds of illicit origin
connected with corruption in order to ensure the repatriation of those
funds, forfeiture and confiscation of the proceeds from corruption, and
the possibility of shifting the burden of proof and banking secrecy, and
the rendering of technical assistance especially to developing countries,
particularly the transfer of funds of illicit origin and the repatriation
of those funds to the countries of origin. Therefore, an international
follow-up mechanism should be considered to ensure these initiatives.
In order to ensure the universal character of the International
Instrument, the Ad Hoc Committee should take into consideration all
relevant International and Regional Instruments, documents and
recommendations available on corruption, as reference documents.
On the issue of the election and composition of the Bureau of the Ad
Hoc Committee, the G-77 and China strongly believes that the Committee is
independent and therefore the Bureau should be elected by the Committee
itself, while ten Representatives, two from each regional Group should be
elected to the bureau in order to ensure equitable regional
representation. The elected representatives should include the Chairman,
eight Vice Chairmen and the Rapporteur.
Finally, we request the Ad Hoc Committee to complete its work on this
International Legal Instrument by 2003.
Thank you, Mr. Chairman.
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