Statement of the G-77 and China during the Twenty-Seventh Session of the Commission on Crime Prevention and Criminal Justice, 14 - 18 May 2018 delivered by H.E. Ambassador Carlos Játiva, Permanent Representative of Ecuador

Vienna, 14 MAY 2018
Excellencies,
Mr. Chairman,

1. On behalf of the Group of 77 and China in Vienna, allow me to congratulate you on your election as Chair of the 27th session of the Commission on Crime Prevention and Criminal Justice (CCPCJ), as well as to the other members of the Bureau. You can count on the full support of the Group for the successful conclusion of this meeting.

2. The Group also commends the Secretariat for the good preparations for this session.

Mr. Chairman,

3. We take note of the Report of the Secretary-General on international cooperation in combating transnational organized crime and corruption, which provides an overview of the activities of UNODC to fight transnational organized crime, in all its forms and manifestations, including new and emerging forms such as cybercrime and trafficking in cultural property.

4. The Group emphasizes the continuing importance of effective implementation by the States Parties, of the United Nations Convention against Transnational Organized Crime and its Protocols, the United Nations Convention against Corruption, the three international drug control conventions as well as the international conventions and protocols related to countering terrorism, which reflect the collective commitment of Member States to promote cooperation in combating transnational organized crime, corruption, terrorism and illicit drug related activities. Also, the Group encourages all Member States that have not yet done so to consider ratifying or acceding to the aforementioned instruments.

5. The Group stresses the importance of providing sufficient resources for the implementation of those Conventions in fulfilment of mandates relating to international cooperation and the provision of technical assistance to Member States, upon request, to combat transnational organized crime and corruption, as also requested in the report of the Secretary-General.

Mr. Chairman,

6. The Group reiterates its serious concern about cybercrime and further recognizes that preventing and combatting cybercrime effectively will contribute to the building of a peaceful, secure, open and cooperative cyber space, which is a strong driving force for social and economic development, as well as improvement of individual wellbeing.

7. The Group appreciates the significance of this year’s thematic discussion, which provides us all with an opportunity to exchange views on this evolving crime, which must be addressed by the international community in an effective and comprehensive manner and in a multilateral setting.

8. The Group supports the essential role of the United Nations in the fight against cybercrime and welcomes the work of the Open-ended Intergovernmental Expert Group to Conduct a Comprehensive Study of the Problem of Cybercrime and the outcome of its latest meeting, held in April 2018, including the adoption of 2018-2021 work plan, and takes note of the preliminary recommendations put forward. The Group calls upon Member States to continue supporting the Expert Group to continue its work and function as the platform for further discussion on substantive issues of cybercrime.

9. The Group encourages Member States to continue to exchange information on national legislation, best practices, technical assistance and international cooperation, with a view to examine options to strengthen existing responses and to propose new national and international legal or other responses to cybercrime in all its forms and manifestations, including, in some cases, the use of the internet for terrorist purposes.

10. The Group regrets that due to the existence of “digital gap”, some developing countries lack the capacity to prevent, detect and combat cybercrime, and are more vulnerable in the face of cybercrime challenges. We also strongly support UNODC to continue providing technical assistance to prevent and counter cybercrime.

Mr. Chairman,

11. In our efforts to counter trafficking in persons, due importance should be given to addressing the prevention aspect, promoting effective law enforcement, and providing assistance to victims, especially women and children as well as to the demand aspect of this problem.

12. The Group remains concerned regarding the issue of violation of the rights of migrants, and urges the international community to ensure that human rights of smuggled migrants, particularly the unaccompanied children and adolescents among them, are respected and that the safety and security of smuggled migrants are granted utmost priority regardless of their immigration status, nationality, gender, ethnicity, age or religion. In this connection, the Group strongly encourages all States Parties to the Protocol against Smuggling of Migrants to avoid making migrants liable to criminal prosecution as stated in Article 5 of the Protocol while ensuring that organized criminal groups are brought to justice.

Mr. Chairman,

13. The Group also remains concerned about the persistent problem of illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, and emphasizes the need for effective implementation by States Parties, of the Firearms Protocol.

14. The Group welcomes the progress made by States Parties in implementing the United Nations Convention against Corruption, and in this context also expresses satisfaction of the current implementation of the second cycle of the UNCAC Review Mechanism. The Group looks forward to effective review of the implementation of Chapter II (prevention) and Chapter V (asset recovery) of the Convention.

15. The Group reiterates the necessity to take urgent measures to prevent, prosecute and deter all forms of corruption, as well as the transfer abroad and laundering of assets derived from corrupt activities and to deny safe havens to any legal or natural person, who has committed or is liable for an act of corruption, and the proceeds of the crime. In this regard, the Group insists on the need to strengthen international cooperation for their identification, freezing and seizure, as well as to speed up their recovery and return in accordance with Chapter V of the United Nations Convention against Corruption.

16. The Group reiterates that terrorism, in all its forms and manifestations, remains one of the major challenges, and appreciates the ongoing efforts by Member States to address this complex challenge. The Group remains of the firm view that no country can alone counter this scourge effectively, and thus stresses the need for enhancing international cooperation in this area. Also, the Group reaffirms that terrorism cannot and should not be associated with any religion, civilization, nationality or ethnicity, and reiterates that all efforts to counter it should be in line with international law, in particular the Charter of the United Nations, international human rights law, refugee and humanitarian law.

17. The Group underscores the importance of enhancing efforts to address the challenges posed by emerging forms of transnational organized crime such as trafficking in cultural property and related offences, trafficking in endangered species of wildlife, including flora and fauna as protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, timber and timber products, illegal mining, fisheries related crimes, hazardous waste, as well as poaching.

18. The Group wishes to express its particular concern for the illicit trafficking of cultural property and related offences, including the involvement of organized criminal groups, which continues to inflict increasing damage to the cultural heritage of our nations, and thus, to part of our identities. In this regard, the Group stresses the need to enhance efforts to combat this crime, taking into account the International Guidelines for Crime Prevention and Criminal Justice Responses With Respect to trafficking in cultural property and other related offenses, adopted by the General Assembly.

19. The Group expresses its serious concern over any form of ranking of Member States for the purposes of international cooperation in criminal matters, in countering, inter alia, trafficking in persons, terrorism financing, money laundering, trafficking in firearm, migrant smuggling and other forms of organized crime as well as corruption. In this sense, it calls upon all Member States as well as other relevant regional and international organizations to avoid such rankings and unilateral actions and sanctions that might weaken the international cooperation framework and Member States capabilities to fight against such crimes.

20. The Group acknowledges the increasing links between transnational organized crime and other illicit activities, in particular drug related crime and money laundering and, in some cases, terrorism and its financing, and emphasizes the continuing need to address such links as part of our collective efforts aimed at crime prevention and criminal justice.

21. The Group also wishes to receive more information regarding the preparations for the 14th Crime Congress scheduled for 2020 in Japan.

22. To conclude, the Group wishes to:
- Emphasize the need to enhance international cooperation, including through exchange of information, experiences, good practices, mutual legal assistance as well as provision of concrete capacity-building and financial assistance, upon request, to prevent and combat transnational organized crime including emerging forms of crimes as well as terrorism in all its forms and manifestations;
- Emphasize also the need to strengthen comprehensive, integrated and inclusive approaches and strategies to counter transnational organized crime as well as to strengthen crime prevention and criminal justice capacities of Member States;
- Underline the importance of the research work of UNODC and call on the UNODC to regularly update the FINGOV on its planned research activities, publications and related timelines, and consult Member States in relation to selection of themes for research publications, which should be based on transparent criteria and clear mandates;
- Call on the UNODC to enhance capacity-building and technical assistance, upon request, to developing countries in accordance with its mandate in the areas of crime, drugs and terrorism prevention;
- Highlight the importance of enhancing also South-South and triangular cooperation in the areas of crime prevention and criminal justice;
- Underline the continuing need for predictable, effective and sustainable resources for UNODC in order for the Office to scale up its capacity-building initiatives in response to the needs of Member States.

Mr. Chairman, I thank you for your attention.









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