Vienna Chapter
Mr. Chairman,
1. I have the honour to speak on behalf of the Group of 77 and China.
We are pleased to see you again presiding over the 6th session of our work
in the Ad-hoc Committee for the Negotiation of a Convention against
Corruption.
2. This meeting represents a defining moment in our common struggle
against the scourge of corruption and, therefore, I would like to express
our positive expectations on the conclusion of negotiations of the draft
text in this Session.
3. We are pleased to note that the work of the Ad Hoc Committee is
actually in an advanced stage, and we are confident that this Committee
will successfully fulfill its mandate. In this regard the Group would like
to assure you of its cooperation in arriving at a successful conclusion
and its commitment to a comprehensive, strong and effective instrument.
4. As mentioned by the G-77 and China in the 5th Session of the Ad
Hoc Committee, the Group would like to reiterate its commitment to the
following principles, which we believe could serve as guidelines to an
even more efficient work: (a) Parallel meetings should be avoided as much
as possible; (b) When a contested article is being discussed in a working
group, the plenary should not be in session, or should only be considering
matters that are in principle agreed upon; (c) An open-minded flexible and
balanced approach should be adopted regarding the discussion of chapters,
that are closely interrelated, such as the ones on "definitions"
and "criminalization", "preventive measures" and "monitoring
mechanisms"; (d) Interpretation in all official languages must be
provided for the consideration of all articles of the draft convention;
(e) The documents produced should be carefully and timely translated into
all official languages.
5. The Group would like to express its gratitude to you for providing
the Committee with a general assessment of the current process of
negotiations and the related outstanding matters. We are also grateful for
the outcome of the two informal consultations convened by the respective
Vice-Chairmen.
6. The Group still considers that the definition of public official
should include a wide range of functionaries at all levels and branches of
Government or any other person performing a public function even if
contracted to perform such function.
7. The Group of 77 and China maintains its view that criminalization
remains of fundamental importance. Therefore the Group calls for strong
practical and clear provisions in this chapter to ensure the effectiveness
of the Convention.
8. With respect to the provision on ¨illicit enrichment¨,
the Group strongly supports the inclusion of an article that effectively
criminalizes this conduct.
9. The Group also dedicates the utmost importance to the issue of "Return
of Assets" to the country of origin, and considers it as an "inalienable
right" and the logical outcome of a successful fight against
corruption. Thus, the Group emphasizes the need for the Convention to
establish effective international provisions on seizure of assets that are
product of corruption and their prompt return to the country of origin.
The Group insists that the concept of sharing assets is in contravention
with the spirit of the proposed convention and therefore could not support
the inclusion of such concept in this convention. The Group also insists
that the return of assets should not be subject to political
conditionalities. The Group has in mind the various resolutions adopted by
the United Nations and UNESCO in this respect.
10. The Group also stresses that an enhancement of international
cooperation is of paramount importance. In this regard particularly
provisions on extradition and mutual legal assistance should be
strengthened as much as possible, and should be comprehensive, without
leaving any gap. Therefore, no offences covered in this convention are to
be treated as political offences. This Convention shall be considered the
legal basis for extradition among Member States.
11. The Group highlights that the issue of Technical Assistance is an
essential part of this Convention for developing countries, since it will
facilitate the implementation of its provisions.
12. Finally, we maintain our opinion that the monitoring mechanism
should not be intrusive in nature and should respect the sovereignty of
States. In our view, the Conference of the State Parties could decide on
its specific nature. I would like to mention that in the course of this
session the Group of 77 and China will address specific chapters when
appropriate.
Thank you, Mr. Chairman.
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