Vienna Chapter
Mr. Chairman,
I have the honour to speak on behalf of the Group of 77 and China. I
am pleased to convey to you our pleasure in seeing you presiding over the
fourteenth Session of the Commission on Crime Prevention and Criminal
Justice. The Group is confident of your ability to successfully conduct
the activities of this Commission and I wish to assure you of the Group's
support in the task ahead.
2. The G-77 and China appreciates the relevance of the topic selected
for the thematic debate for this year's session of the Commission. The
14th session of the Commission has important items on its agenda. We would
like to make our preliminary observations at this stage and shall make
detailed interventions under other important agenda items.
3. The G-77 and China is of the view that the United Nations Congress
remains a unique forum for the meeting and exchange of views on various
fields of crime prevention and Criminal Justice. The Eleventh United
Nations Congresses held in Bangkok, has provided valuable advice and
suggestions to the United Nations and the Member States in formulating
policies and strategies for crime prevention in different areas of
criminal justice systems. Therefore the G-77 and China welcomes the
Bangkok Declaration, and wishes to urge all Member States to implement its
recommendations.
4. The G-77 and China strongly believes that the highest priority
should be given to the effective implementation of the existing legal
instruments. The Group attaches great importance to the commitments made
in the Vienna Declaration on Crime and Justice: Meeting the Challenges of
the twenty-first century, which, acknowledged that comprehensive crime
prevention strategies must address the root causes and risk factors
related to crime. The Group is concerned about the lack of follow-up on
the Action Plans for the implementation of the Vienna Declaration and
stresses the need to strengthen these activities and to allocate adequate
resources for it.
5. The Group is convinced that it is imperative that any effective
crime prevention strategy should adequately address the root causes of
crime including injustice, poverty, unemployment, marginalization of
vulnerable people and lack of education.
Mr. Chairman,
1. The Group of 77 and China attaches great importance to the
prevention and control of corruption, including, inter-alia, through
effective measures for its detection, investigation and prosecution, as
well as through fruitful international cooperation.
2. The G-77 and China is pleased to know that 118 States have signed
to date the United Nations Convention against Corruption and that the
number of its ratifications is growing progressively. We urge all
countries that have not done so to ratify the United Nations Convention
against Corruption. The Group is also encouraged by the measures
implemented by the Secretariat to promote the wider signature and
ratification of this instrument and prepare its future implementation. The
vigour which marked the UNODC endeavours to promote the ratification and
implementation of the TOC Convention or the international instruments on
terrorism is also required in pursuing technical assistance activities in
relation to the Convention against Corruption.
3. The Group would like to request Member States to continue
providing adequate human and financial resources to help the UNODC
discharge the tasks requested for by resolutions approved last year on
this matter, such as the preparation of legislative guides and related
seminars and training courses in all regions.
4. The G-77 and China firmly believes that asset recovery is a
fundamental principle of the Convention against Corruption. For that very
reason, the Group emphasizes the importance of adopting measures to
facilitate asset recovery through international cooperation. Also, for the
Convention to achieve the required number of ratifications to enter into
force, the G-77 and China calls upon Signatory States to extend mutual
cooperation to discourage the continuation of transactions and transfers
of assets originated through the Commission of corruption related crimes
and to act in conformity with Chapter V of the Convention whenever such
illicit assets are confiscated.
Mr. Chairman,
5. The G-77 and China takes note of the negotiations that took place
during the Intergovernmental Expert Group on the Draft Model Bilateral
Agreement on Sharing of Confiscated Proceeds of Crime or Property under
the United Nations Convention against Transnational Organized Crime and
the United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances of 1988, and considers it a positive
contribution to international cooperation. Nevertheless, the Group
considers that there is still much to be done in this area in reference to
international judicial cooperation. The Group appreciates the support
rendered by the Secretariat and the extrabudgetary contribution that made
possible such meeting last January.
6. The Group stresses the need to continue the negotiations of the
Draft Model Bilateral Agreement in a timely manner so as to reach a
balanced and consensual text that addresses the concerns of all. In this
respect, the Group highlights the importance of reflecting in the Draft
Model Agreement the concept stated in Article 14.2 of TOC, by which
priority consideration should be given to restitution over other asset
sharing modalities.
7. The number of experts from developing countries that participated
in the Intergovernmental Expert Group illustrates the importance that our
governments attach to efforts to enhance the effectiveness of the
aforementioned Conventions. In this context, the Group of 77 and China
considers that States should provide cooperation on confiscation of
proceeds of crime and property as a matter of commitment to deter and
prosecute criminals rather than on the basis of an expectation to share
any confiscated asset.
8. Also Mr. Chairman, the Group of 77 and China highlights that the
Model Agreement should not prejudice the principles set forth in the
United Nations Convention against Corruption or the development, at a
later stage, of any appropriate mechanism to facilitate the implementation
of that Convention.
Mr. Chairman,
9. The G-77 and China notes with appreciation the discussions held in
the Intergovernmental Expert Group to Prepare a Study on Fraud, the
Criminal Misuse, and Falsification of Identity Theft, held from 17 to 18
March 2005. In this regard, the Group would like to emphasize the
importance of technical assistance and capacity building through
international cooperation to combat document and identity fraud.
10. Furthermore, the Group of 77 is concerned that a limited number
of developing countries were invited to participate in the deliberations
of the Expert Group, and, the fact that the Expert Group has conducted its
business without proportionate and balanced representation of the Member
States. To some extent, this is stemming from the fact that, by nature,
the Expert Group has not been an "open-ended" one.
11. The G-77 and China strongly believes that, in the future,
establishment of any new expert group dealing with crime prevention and
criminal justice issues should guarantee the proportionate and balanced
representation of all interested Member States, so that the composition of
the groups reflects an equitable geographical representation and a
diversity of legal systems. Therefore, the Group is of the view that, as a
solution, the two adjectives namely: "open-ended " and "intergovernmental"
should be added to any given mandate resolution to ensure the balanced
nature and composition of the Expert groups.
Mr. Chairman,
12. The G-77 and China expresses its concern regarding the increased
involvement of organized criminal groups in the theft of and kidnapping
and illicit trafficking in protected species of wild flora and fauna.
Reaffirming that States have sovereign rights over their own biological
and genetic resources as well as their own cultural heritage and bearing
in mind the relevant international legal instruments, such as the
convention on "Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property, the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora" and the "Convention on Biological Diversity", the
Group wishes to underscore the need for enhanced international cooperation
amongst Member States and competent entities of the United Nations system,
in particular UNODC, to fight more effectively against these criminal
activities.
Mr. Chairman,
13. The G-77 and China is concerned with the rise of kidnapping in
many places of the world. Due to the increasing evidence, in some
countries, of links with transnational organized crime, terrorism and the
international drug trafficking networks, the Group welcomes the efforts
made by the UNODC in conjunction with a group of experts to create a
manual of best practices against kidnapping. We hope it will constitute an
important tool to law enforcement authorities around the globe in their
fight against this hideous crime, in all of its forms.
14. The Group further believes that, effective implementation of the
obligations set forth in existing international crime prevention
instruments requires international cooperation, technical assistance and
capacity-building. Therefore, the Group of 77 and China urges donor
countries and financing institutions to make adequate regular voluntary
contributions to enable developing countries and countries with economies
in transition to become parties to and/or implement those treaties, namely
TOC Convention and its three protocols, and Convention against Corruption.
Mr. Chairman,
1. The Group of 77 and China strongly condemns terrorism in all its
forms and manifestations and deeply emphasizes that enhancing dialogue
among civilization, promoting tolerance, preventing the indiscriminate
targeting of different religions and cultures and addressing development
issues and unresolved conflicts will contribute to international
cooperation, which is among the most important elements to combat
terrorism.
2. The Group underscores the central role of the United Nations in
fight against terrorism and also strongly believes that any measures taken
to combat terrorism comply with all obligations of states under
international law and should adopt such measures in conformity with the
Charter of the United Nations and international law, in particular
international human rights, refugee and humanitarian law.
3. The Group supports the ongoing negotiations in New York on the
draft UN Comprehensive Convention on Terrorism, based on the determination
of a universally accepted comprehensive definition of terrorism in
conformity with the UN Charter and relevant United Nations resolutions.
The Group further welcomes the adoption of the International Convention
for the Suppression of Acts of Nuclear Terrorism, which reinforces the
existing arsenal of international instruments against terrorism.
4. The Group supports efforts to strengthen international cooperation
in combating terrorism. The Group also wishes to underscore the need for
enhanced international cooperation in combating terrorism, according to
Security Council Resolution 1373 and other relevant resolutions.
5. It also wishes to stress the importance of finding a long-term and
comprehensive strategy to prevent and eradicate terrorism. The Group
further underscores the need for efforts to improve Inter-agency
cooperation and capacity building, both at the national, regional and
international levels in the fight against terrorism. Sufficient training
and other forms of technical assistance, transfer of technology and also
more adequate donor assistance to developing countries are needed to
facilitate implementation of international instruments relating to
terrorism. In this context, we urge the Terrorism Prevention Branch of
UNODC within its mandate and on request of the Member States to continue
to provide all necessary assistance and provision of expertise needed to
build national capacities to implement the Conventions and Protocols
relevant to terrorism.
6. The Group is convinced that it is imperative that any effective
crime prevention strategy should adequately address the root causes and
risk factors of crime such as, injustice, poverty, unemployment,
marginalization of vulnerable people, lack of education, as well as double
standards.
Mr. Chairman,
1. The Group of 77 and China notes with appreciation the guidelines
developed by the Intergovernmental Experts Group meeting on justice in
matters involving child victims and witnesses of crime, held on the 15th
and 16th of March 2005, based on resolution 2004/27of the ECOSOC. The
Group further whishes to request the Members States to consider the
adoption of those guidelines during the 14th session of the CCPCJ.
2. In conclusion, Mr. Chairman, I would like to assure you that the
Group would continue to provide its active support for successful
conclusion of the 14th Session of the Commission.
I thank you Mr. Chairman.
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