STATEMENT OF THE G77 AND CHINA AT THE TWENTIETH SESSION OF
THE COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE, 11-15 APRIL 2011 DELIVERED
BY H.E. ALI ASHGAR SOLTANIEH, PERMANENT REPRESENTATIVE OF THE IR OF IRAN
Vienna, 11 April 2011
Mr. Chairman,
1. On behalf of the Group of G77 and China it gives me great pleasure to congratulate
you as chair of the 20th session of the Commission on Crime Prevention and Criminal
Justice as well as the other members of the bureau. The Group is confident of
your ability to successfully conduct the activities of this Commission and I
wish to assure you of its full support. The Group also expresses its appreciation
for the efforts made by the Secretariat in preparing the current session.
2. The Group of 77 and China welcomes the Commission's adoption of the issue
"protecting children in a digital age", as the prominent theme of the session.
The Group looks forward to an in-depth dialogue on the topic and hopes that
it will enhance cooperation with a view to preventing, prosecuting and punishing
the misuse of technology in the abuse and exploitation of children.
3. The Group holds the view that the Commission has an important role to play
in formulating crime prevention and criminal justice responses to particular
challenges posed by a diverted use of new technologies inter-alia in child sexual
abuse and exploitation.
4. The Group notes the mixed trends in crime and criminal justice, including
emerging types of crime such as cyber-offences targeting children. Whether conventional
or emerging, it is vital that the commission remain abreast of crime trends
to better understand and develop effective prevention policies, cooperation,
exchange of best practices, and responses to them based on the collection, analysis
and dissemination of accurate information. The Group believes that the expertise
within the open-ended Working Group on cybercrime established according to recommendation
adopted by the 19th session of the Commission on Crime Prevention and Criminal
Justice and by ECOSOC resolution 2010/18, could be relevant to explore this
matter further.
5. The Group considers that Technical Assistance can play an important role
in achieving sustainable and long-lasting results in the prevention, prosecution
and punishment of crime, in particular by building, modernizing and strengthening
the criminal justice systems and promoting the rule of law. In this regard,
the Group recognizes the essential responsibility of the UNODC in delivering
technical assistance to the requesting Member State in different areas of its
mandate.
6. In the framework of the strategic and comprehensive approach to technical
Assistance adopted by the United Nations Office on Drugs and Crime, the Group
emphasizes that specific T.A. programs matching with targeted needs and priorities
should thus be designed for all the components of criminal justice systems in
an integrated way and with a long-term perspective.
7. Transnational organized crime remains one of today's most dangerous scourges
that threatens the fabric of our societies and impedes the socio-economic progress
of our people. The Group of G77 and China reiterates that transnational organized
crime requires coordinated responses, as well as a greater understanding of
its root causes.
8. In this context, the Group reaffirms the importance of the Palermo Convention
and the Protocols thereto as the main tools available to the international community
to fight transnational organized crime. The Group acknowledges the efforts made
by States Parties in implementing the Convention and its additional Protocols,
and encourages all States to continue and strengthen such efforts.
9. The Group takes note of resolution 5/5 taken by the Conference of the Parties
to the UNTOC entitled: "Review of the Implementation of the United Nations Convention
against Transnational Organized Crime and the Protocols thereto". The Group
of G77 and China reiterates that any envisaged mechanism or mechanisms should
be transparent, efficient, non-intrusive, inclusive, impartial and should not
produce any form of ranking, aiming particularly to assist States parties in
the effective implementation of the Convention and the Protocols thereto.
10. The Group believes that Maritime Piracy has also become a manifestation
of organized crime that jeopardizes the safety of the international maritime
navigation, where the phenomenon occurs, including in particular the safety
and well being of seafarers and traditional fishing boats. The Group would like
to reiterate the importance of countering this serious crime, particularly off
the coast of Somalia, through coordinated international efforts with long lasting
solutions in full conformity with international law, in particular the law of
the sea and also taken into consideration its root causes. The Group of G77
and China further emphasizes the central role of UNODC, within its mandate,
to enhance the capabilities of the most affected countries in the region in
coordination with relevant international maritime organizations. In order to
effectively counter this form of organized crime, the G77 urges Member States
and other donors to contribute to these efforts.
11. The Group of G77 and China whishes to highlight its particular concern over
the trafficking of cultural property and urges Member States to criminalize
such acts, and promote mechanisms to strengthen cooperation and mutual assistance
to fight all crimes that infringe on the cultural heritage of peoples and to
facilitate the return of such heritage to the countries of origin. In this regard,
The Group would like to remind ECOSOC Resolution 2010/19 on "Crime prevention
and criminal justice responses to protect cultural property specially with regard
to its trafficking" and resolution 5/7 "combating transnational organized crime
against cultural property" adopted by the 5th session of the Conference of the
parties of UNTOC and strongly urges UNODC to take necessary steps for implementation
of those resolutions, inter alia, with regard to data collection, analysis and
dissemination, and development of specific guidelines for crime prevention with
respect to trafficking in cultural property. The Group looks forward to convening
the open-ended intergovernmental working group mentioned in paragraph 2 of resolution
2010/9.
12. With respect to the United Nations Convention Against Corruption, the Group
welcomes the progress made by the Implementation Review Group, especially its
work on technical assistance and also welcomes the recommendations made by the
open-ended intergovernmental working groups on preventive measures and asset
recovery, both held in Vienna in December 2010, and looks forward for their
implementation.
13. The Group underscores the important role played by the quinquennial Crime
Congresses in galvanizing high-level political will and the commitment of Member
States. Accordingly, they continue to remain one of the pillars of the leadership
role of the United Nations in criminal matters at the international level.
14. The Group is of the view that these Congresses are ready for a process of
renewal involving their organization, outcome and follow-up, so their potential
could be optimized. Therefore, Member States are invited to explore ways and
means of improving the efficiency of the process involved in those congresses
as well as of ensuring operational follow-up to its recommendations in particular
those requiring immediate action, taking into account inter alia the Methodological
approach followed by the Intergovernmental Group of Experts on Lessons Learned
from United Nations Congresses on Crime Prevention and Criminal Justice at its
meeting held in Bangkok from 15 to 18 August 2006. The Group also underlines
that conclusions and commitments made at the Congress including in its declaration
deserve to be treated with the necessary action and appropriate follow-up.
15. The Group considers the treatment of prisoners as an important issue faced
by criminal justice system worldwide which has impact on human rights and the
individuals' dignity. The Group while recognizing the importance of United Nations
standards and norms on the treatment of prisoners as a source of guidance in
the development of national codes on penitentiary administration in accordance
with national laws and regulations, stresses the need for reinforcing alternatives
to imprisonment and supports adequate rehabilitation and reintegration programs.
16. The Group believes that it would be useful for the Commission to develop
a work plan to review and, if necessary, update and supplement the United Nations
Standards and norms in the field of crime prevention and criminal justice.
17. With a view to improving the governing role and functioning of the Commission
and the effective and adequate implementation of its decisions, the Group recommends
inter alia that a short and concise report on the implementation of resolutions
by the Secretariat should be submitted to the regular sessions of the Commission
for its consideration as appropriate through the FinGov working group.
18. The Group acknowledges the ongoing efforts made by the United Nations Office
on Drugs and Crime to develop an integrated program approach comprising thematic
and regional programs, and attaches high importance to ownership of Member States
to those programs.
19. The Group of 77 and China would like to recall the important decision taken
by this Commission in its 18th session establishing the standing open-ended
intergovernmental Working Group on improving the governance and financial situation
of the UNODC and stresses the positive role played by the Working Group under
the leadership of the Co-Chairs H.E. Ms. Norma Goicochea Estenoz (Cuba) and
Mr. Ignacio Baylina Ruíz (Spain) for the last two years.
20. The Group, persistently concerned about the financial situation of UNODC
and the gaps in its governance, looks forward to a decision by this Commission
for the extension of the mandate of the Working Group to address the following
two inter-related issues of increasing concern:
a- the need to enhance and make more efficient governance of UNODC and its activities,
with particular attention to the principle of ownership by Member States;
b- The lack of sufficient and adequate funding and heavy reliance on extra budgetary
resources to finance activities of UNODC, taking into account the high priority
given to the mandate of the Office by UN General Assembly.
Mr. Chairman,
21. The Group emphasizes the importance of updated information and relevant
data on trends and patterns provided by Member States as a basis for comprehensive,
objective and transparent assessment, in order to assist in the implementation
of the Convention and its Protocols. In this regard, the Group calls upon all
Member States to avoid unilateral actions that might impede any common understanding
of these trends and weaken Member States' ownership in the multilateral framework.
22. In this context, the Group requests UNODC to further strengthen the collection,
analysis and reporting of accurate, reliable and comparable data on world crime
trends and patterns, and also to continue to provide technical assistance, upon
request, to Member States in order to enhance such capacity, with a view to
enhance knowledge on world crime trends and patterns.
23. The Group also requests the Office to conduct studies within its mandate,
on priority issues identified by Member States. The Group would expect as well
that the launching of such studies is preceded by consultations with Member
States.
24. In this regard, the Group welcomes the approach by UNODC's Executive Director,
Mr. Yuri Fedotov, in particular as regard working closely with our two governing
bodies (the CND and the CCPCJ), the Treaty-based Organizations and the regional
Groups, and kindly expresses its support to carry out that objective.
25. Finally the Group of 77 and China stresses that to successfully combat all
forms of transnational organized crime, an effective international cooperation
is necessary based on full respect for international law, the principles of
the UN Charter and the sovereignty of Member States.
Thank you, Mr Chairman.
Agenda item 3: Strategic management, budgetary and administrative questions: (a) Work of the WG on improving the governance and financial situation of UNODC
Mr. Chairman,
Introduction
1. I have the honour to address you on behalf of the Group of 77 and China under this agenda item, the importance of which is duly reflected by resumed 19th CCPCJ decision to move it to a more prominent position on our agenda. Regarding the policy directives and governing role to UNODC's criminal justice programme by this Commission, the standing open-ended intergovernmental Working Group on Improving the Governance and Financial Situation of UNODC (FinGov) plays an indispensably complementing role to the governing bodies since its establishment two years ago. For this, the Group deeply appreciates the leadership of the Co-Chairs H.E. Ms. Norma Goicochea Estenoz of Cuba and Mr. Ignacio Baylina Ruíz of Spain.
FINGOV's Contribution
2. The FinGov's positive role as a formal body in the past two years is recognized widely in that it constitutes an appropriate forum for a fruitful dialogue on UNODC's programme development and implementation in a consultation and reviewing process, strengthening the trust and deepening the understanding between Member States and the Secretariat and between Member States themselves.
Mandate Renewal
3. While finding it desirable to solidify the FinGov's status as a permanent body at appropriate time, the Group would like to join the consensus to renew its mandate for a new two year period, as now envisaged in a Co-Chairs' draft ECOSOC decision. The Group also believes that, this limited renewal presents a good opportunity two years later to take stock of the achievements made and plan out future directions and priorities of its work and working method.
Governance
4. The Group emphasizes the importance of continued consultation with member states, including through FinGov, when UNODC, within its mandate, develops and implements the thematic and regional programmes in an integrated programme approach, for the delivery to Member States of technical assistance, aiming at more efficient governance of UNODC and its activities, adhering to the principle of ownership by Member States.
Finance
5. Facing an increasingly complex mandates, UNODC needs the unabated support from Member States as well as the donor community. To achieve the goal of a predictable and adequate funding, while encouraging further voluntary contributions to UNODC's mandated job, the Group is not tired of reiterating that UNODC's core activities should be funded from regular budget, complemented by more soft earmarked voluntary contributions, rather than an unstable heavy reliance on extra-budgetary resources.
Good Intention
6. Madame Chairperson, the Group, as always, remains convinced that a healthy and open-minded examination of UNODC's finance and governance situation, including thru FinGov, is conducive to confidence-building among Member States and will contribute to a sustainable funding for UNODC's much needed programmes, rather than to complicate or encumber the programme development and implementation process.
Further Expectation
7. The Group is in gratitude for the solid recommendations proposed by Sweden in a draft resolution, and regrets the FinGov informal sessions did not reach a consensus based on that. However, the Group looks forward to a constructive approach from all delegations in the forthcoming negotiations of the above two related drafts in the Committee of the Whole, without introducing any drastic or substantial amendments to such a delicate and hard-won balance as in that two drafts.
Conclusion
8. Finally, Madame Chairperson, the Group wishes FinGov sets its eyes on new horizon, advising further substantive and concrete recommendations to governing bodies, to effectively improve the governance and financial situation of UNODC.
