Text: U.N. Crime Chief Speaks on Transnational Crime Convention

30 January 2001

Text: U.N. Crime Chief Speaks on Transnational Crime Convention

New agreement empowers nations to fight crime, Arlacchi says

The United Nations Convention against Transnational Organized Crime demonstrates that "the world was ready for concerted action against organized crime," said Pino Arlacchi, the executive director of the United Nations Office for Drug Control and Crime Prevention (UNODCCP) in a January 30 speech.

Signed in December by 124 nations, the convention and accompanying protocols on trafficking in persons and smuggling of migrants, known collectively as the Palermo Convention, "is an instrument which is guided by some of the best crime-fighting practices around the world. It incorporates them into a state-of-the-art tool for effective cooperation among countries in apprehending and prosecuting criminals who operate transnationally," Arlacchi said in his address to the Asia-Pacific Law Enforcement Conference Against Transnational Organized Crime held in Tokyo.

The convention arose from recognition that transnational organized crime has expanded dramatically in the post-Cold War period. To underscore the point, Arlacchi said trafficking in human beings is now the fastest growing international crime, money laundering is estimated to equal 2 to 5 percent of the world's gross domestic product, and corruption and drug trafficking are enterprises with the power to undermine governments.

"Bureaucratic inertia and different judicial systems, laws and regulations" have prevented nations from working cooperatively to combat transnational organized crime, Arlacchi said. The Convention against Transnational Organized Crime is a vehicle to overcome those obstacles.

Arlacchi specified some of the tools the Palermo Convention will use to fight transnational crime:

-- criminalization of simple participation in an organized criminal group;
-- government commitments to criminalize obstruction of justice, money-laundering and corruption, based upon accepted definitions of those crimes;
-- creation of legal tools to achieve the recovery of assets stolen through corruption and placed abroad;
-- agreements for mutual legal assistance, joint investigations and the use of investigative techniques.

Arlacchi said the UNODCCP is now pursuing a strategy to win ratification of the Palermo Convention to lend it the force of international law.

Following is the text of the Arlacchi speech as prepared for delivery:

(begin text)

UNITED NATIONS OFFICE FOR DRUG CONTROL AND CRIME PREVENTION

United Nations Strategies against Transnational Organized Crime

Keynote Address by Pino Arlacchi, UNODCCP Executive Director, to the Plenary Session of the Asia-Pacific Law Enforcement Conference Against Transnational Organized Crime

Tokyo, Japan
30 January 2001

Excellencies, Ladies and Gentlemen,

It is always a pleasure to be back in Japan, where you have always taken a great interest in the work of the United Nations. Indeed, your country has become one of our most important sources of support, and I take this opportunity to express my appreciation to the Japanese Government and public for their commitment to the welfare and security people around the world.

Security has taken on a new dimension in the post-Cold War world, and your country is one which has recognized this by stressing the importance of 'human security' in the everyday lives of people. It is now an exception when inter-state war breaks out -- thanks to the rise in the number of democracies in the world and thanks to the work of the Security Council and regional security arrangements.

A reversal of sorts has taken place: during the Cold War the greatest concern was international war. Today, we are more preoccupied by intra-state ethnic or religious conflicts and by domestic and transnational crime.

Internal political violence and civil wars pose special problems for the international community, since principles of sovereignty and non-interference in internal affairs are involved.

When it comes to transnational crime, it is less an issue of sovereignty than one of bureaucratic inertia and different judicial systems, laws and regulations which stand in the way of better cooperation. This has allowed organized criminals to cooperate across borders with greater ease than law enforcement officials.

But change is in sight.

During three days in December, Heads of Government, Heads of State and Ministers from around the world came to Palermo, in Italy, to a Signing Conference for the United Nations Convention against Transnational Organized Crime. By the end of the three days, representatives of one hundred twenty-four countries had signed the Convention.

No United Nations Convention has ever had so many signatories immediately upon its opening for signature and less than one month after its formal adoption by the General Assembly. The implication is clear: the Palermo Convention strikes a chord that echoes throughout the world. The world was ready for concerted action against organized crime.

The reason for this is in my view clear. The level and intensity of international crime have gone beyond what governments and the general population are prepared to accept. A few examples will suffice:

Trafficking in human beings is now the fastest growing form of international crime. As many as one million women and children are trafficked every year across national borders by criminal groups, adding to the already existing millions living under modern forms of slavery. Migrant snuggling worldwide involves four million people and seven billion dollars annually.

Corruption, drug trafficking and other crimes are generating so much profit that the numbers become difficult to imagine. The World Bank estimates the total funds stolen by Nigeria's leaders to be one hundred six billion dollars over the 1986 to 1999 period. That is equivalent to the gross domestic product of Nigeria for a period of two and a half years.

Money laundering worldwide, according to one recent estimate, involves roughly one trillion dollars every year, with three hundred to five hundred billion of that amount related to drug tracking. A former Managing Director of the International Monetary Fund has estimated worldwide money laundering to be two to five percent of the world's gross domestic products.

Organized crime is being perceived as a threat to human security and the Rule of Law. In a number of states we can see how a kleptocratic political elite plunders the coffers of the state. We can see how politics and crime are working hand-in-hand. Dirty money finances election campaigns and the elected, in turn, close their eyes to friendly criminal entrepreneurs.

When the integrity of government goes, the legitimacy of rule declines. The opposition also runs the danger of becoming entangled with organized crime. Dissident groups or others with hostility towards a given government -- ethnic minorities, religious movements, separatists -- have found that the profits from organized crime can be a source of financing for their action against the government.

This is not a new phenomenon, of course. But it is taking on worrying dimensions because of the large amounts of money available from certain forms of crime. This money also contributes to the financing of terrorism, to protracted civil wars and to streams of refugees seeking shelter abroad. These migrants, in turn, often become objects of further crimes. We have to break this vicious circle by strengthening good government and the Rule of Law to begin with.

Human security is being challenged in new ways as well.

Cyber-crime frightens people by bringing child pornography, hate literature and credit card fraud directly into the home through the family computer.

Corruption has taken on new dimensions and has, in many parts of the world, become a fact of day-to-day life. In countries with pervasive corruption, millions of ordinary citizens find themselves sinking into poverty while a selfish elite becomes immensely wealthy. The services to which all citizens are entitled -- police protection, justice in the courtroom, a level playing field in the academic and business sectors -- cease to be rights and become privileges available only to those prepared to pay for them with bribes.

These are just some examples of worrisome developments in crime.

The successful launch of the Palermo Convention is a reflection of public concern over such developments. Because of the high degree of consensus around the need for action, it was possible to come to a common definition of organized criminal groups.

The Palermo Convention is an instrument which is guided by some of the best crime-fighting practices around the world. It incorporates them into a state-of-the-art tool for effective cooperation among countries in apprehending and prosecuting criminals who operate transnationally.

A major breakthrough is the agreement to criminalize the simple participation in an organized criminal group, whether or not the individual actually carried out a crime personally. The ability to cast a wider net has proven to be a very useful tool in Europe and North America and will, I am sure, also be helpful in targeting many crime groups in the Asian-Pacific region. Criminalizing participation in organized crime is set to become the new global standard.

In ratifying the Convention, governments also commit themselves to criminalizing obstruction of justice, money-laundering and corruption, based on clear and agreed definitions of these forms of crime. The language on bank secrecy is blunt: "States shall not decline to act ... on the ground of bank secrecy". This may ultimately prove to be one of the most effective elements of the Palermo Convention, since organized crime loses much of its appeal if the profits from it cannot be safely stored away.

The new Convention provides a framework, again built around agreed definitions for the confiscation and seizure of the proceeds of organized crime and of property or equipment used in criminal acts. Special provisions are included for international cooperation in this respect, a very important tool for the recovery of assets stolen through corruption and placed abroad.

The longest article in the Convention is devoted to mutual legal assistance, addressing a wide range of very practical ways in which states can cooperate with each other. Straight-forward guidance is given on how this should work. In addition, separate articles cover joint investigations and the use of special investigative techniques.

State-of-the-art techniques which have proven useful in bilateral cooperation arrangements will, upon ratification, be elevated to global status. For example, the electronic transmission of requests from one country to another is allowable under the language used in the Convention.

The intimidation of potential witnesses has been a major hindrance to successful prosecution of organized crime. The Palermo Convention requires states to establish procedures for the physical protection of witnesses. In addition to the more established practices in this regard, states are encouraged to use modern techniques like video links.

Victims who testify against organized crime groups are also vulnerable to retaliation or intimidation. Signatories are required to provide assistance and protection where needed, as well as compensation and restitution when appropriate.

The protection of victims is central to the two protocols which were also opened for signature in Palermo. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, is in fact a strong human rights instrument. The Protocol against the Smuggling of Migrants also addresses the special problems of victims in some detail.

Some Governments were able to sign only the Convention at this stage. I hope that they will soon be able to sign the two protocols as well.

As you know, there is also a third Protocol in preparation on the trafficking in firearms. It will, I am sure, be completed next month by the same Ad Hoc Committee that drafted the Convention and the other two Protocols. The firearms Protocol is a much needed instrument. Small arms are a greater threat to human security than big guns. They kill more people worldwide in criminal and other violence.

Both the Protocols and the Convention itself incorporate a new element that reflects today's thinking on how to fight organized crime. For the first time, specific articles address the prevention of crime. Linkages between crime and poverty are explicitly mentioned, and the importance of public opinion as a prevention tool is stressed.

I have spoken at some length about the nature of the Palermo Convention because, in my view, it is the cornerstone of an emerging international strategy to combat transnational organized crime. I will now turn to some of the elements of this strategy.

At our Vienna headquarters we have drawn up a Plan of Action to promote ratification. It includes a pre-ratification assistance project to help developing countries through the process. The Plan will be discussed with UN Member States in the very near future.

The Convention itself contains important strategic tools to promote effective implementation. Instead of the more traditional self-reporting machinery used in other conventions, this time a Conference of the Parties will come into existence after the Convention comes into force. The signatories will themselves take responsibility for monitoring implementation through a body that exists solely for that purpose. This should permit constructive dialogue to address problems which develop with the Convention itself or within individual countries trying to implement it. Amendments to the Convention are also the responsibility of the Conference of the Parties, following a simple fast-track approach.

The Convention and the Protocols emphasize the need for technical cooperation as an important implementation strategy. States are encouraged to help other states directly through training and other institution-building measures. They are also asked to contribute to a special fund under United Nations auspices, to be used for the financing of assistance to countries which lack the resources needed to take full advantage of the Convention. This facility is already operational and forms the basis for the technical cooperation program of the United Nations Center for International Crime Prevention.

In tandem with the drafting of the Convention, we have set up Global Programs against Corruption and the Trafficking of Human Beings. These are now operational in several countries and have the capacity to expand in line with the resources made available. In addition, our Global Program against Money Laundering constitutes an important part of the strategy to address the specific forms of organized crime stressed in the Convention.

We will also continue and reinforce our work in the analysis of organized crime. We are already conducting a global research project to assess the comparative dangerousness of criminal groups around the world. The Terrorism Prevention Branch in Vienna is doing the same for terrorist groups. While not one of the Global Programs, the work of this Branch also needs increased support from your countries, the more so that the focus of international terrorism is shifting towards Asia.

The Member States of the United Nations decided last month in the General Assembly to draw up a new convention against Corruption. Actual drafting is likely to begin early next year. We expect this new convention to facilitate the recovery of assets from corruption. In fact, we are already drawing up practical strategies for technical cooperation in this complex area.

The area of cyber-crime is already receiving attention, but as yet there is no consensus-based approach to the issue on a global basis. I was pleased to learn that the government of Japan has decided to establish expert groups within the government to gather information on cyber-terrorism and to promote legislation to crack down on such crimes. The European States are already close to a common approach to cyber-crime, and the rest of the world needs to proceed in a similar way. This is a field where only a universal approach can succeed.

Indeed, the same is true for the new Palermo Convention. This type of convention must have universal application to succeed. Any gap become not just a weak link but a genuine hole, quickly attracting organizes crime groups looking for safe havens.

The resource question also comes into play. It will cost money to implement the Convention. In fact, each country's budget planning process should already be looking at the concrete implications, and this applies both for rich and poor countries.

The generosity of the rich countries will be an important factor. We are especially pleased that the Government of Italy has decided to donate twenty-five per cent of the value of forfeited assets to the fund administered by the United Nations to support technical cooperation against organized crime. I hope that governments in your region will follow this example.

Despite the large degree of consensus, some elements of the new instruments are politically sensitive. For example, the Protocol against the Smuggling of Migrants is especially delicate. The developing countries, although they joined the consensus, will be watching closely to ensure that the Protocol is used only to control the crime of smuggling of migrants and not as a measure to curb legal migration.

The Palermo Convention is intended to be a working tool. The strategy to be followed by all of us, at both the national and international levels, should be simply to put it to Work. This is a process in six steps:

(1) Ratification as quickly as possible;

(2) Making the required adjustments in national crime legislation;

(3) Allocation of the needed resources at the national level;

(4) Intensive technical cooperation for capacity-building in the developing countries;

(5) Pro-active approaches to mutual legal assistance.

(6) Making sure that the Conference of the Parties -- the Convention's monitoring body -- becomes an effective mechanism.

We need a living Convention, one that is dynamic and progressive, one that can be an example to all future conventions for fighting corruption and other crimes. The greatest need of all, however, is for the spirit of consensus to continue. One hundred forty-nine states came to Palermo to demonstrate their participation in the consensus. That kind of support will need to continue to guarantee successful implementation.

Thank you for your attention.

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