Greetings, and Welcome to the 14Th Session of the Commission on Crime Prevention and Criminal

Antonio Maria Costa

Executive Director

Commission on Crime Prevention and Criminal Justice

14th Session - 23 May 2005

Commission on Crime Prevention and Criminal Justice

14th Session - 23 May 2005

Greetings, and welcome to the 14th session of the Commission on Crime Prevention and Criminal Justice.

We are meeting, at a particular moment, to review the progress we are making towards a stronger international crime control regime. As an illustration, and to break the ice, let me start by quoting three illustrious residents of New York, the United Nations host city. They seem to be looking at the crime situation from different angles.

First a quote from an earlier Mayor, according to whom, “… crime is the overhead we pay for living in this extraordinary city.” We could probably say the same thing today about any city, in any country. Yet, I am not sure I agree, and for two reasons. First, I do not like taxes; second, I don’t surrender so easily.

A second resident, a fellow economist from an illustrious local University called crime in New York “.... just another form of income redistribution. A zero sum game..” I don’t like this expression either: to rob Peter to the benefit of Paul isn’t my type of social equalization.

Then we have still another, even better known resident of New York, who put it differently: “…crime is a global threat. In this interconnected world . . . when crime threatens one, it threatens us all.” I like the Secretary-General’s quote better, and not only because he is my boss: crime cannot just be considered another tax or another form of revenue sharing. It challenges the very essence of civilized societies.

This Crime Prevention and Criminal Justice Commission should listen to the Secretary-General’s call for collective solutions. The fact that we assemble year after year to identify, and bring about the improvements needed in the international crime control regime is testament to your determination to do something about it. Thank you for making the effort to participate in this event, and for sharing your time with me this morning. On a more sombre note, let me remind you that today we celebrate the 13th anniversary of Judge Falcone’s violent death, by the hand of Sicilian mafia.

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I’d like to begin with encouraging news -- it’s my nature: what can I do? My glass, I believe, is always half full!

Indeed, I would like to prove, today, that Member States are making important headway against crime. To begin with, it is now clear that even countries that were reluctant, in the past, to admit that crime – or at least certain forms of it – even existed within their borders are now confronting problems openly, engaging citizens in anti-crime campaigns, and reaching out to other Members States and UNODC for support. This is progress, and it’s happening for a reason.

Across the world, anti-crime sentiment is reaching critical mass. Public opinion is openly sick of the threatening conditions it is forced to live with. Right and left, governments have been voted out of power by electors tired of crime, and its correlates. In so many places, governments have seized the opportunity, committing political and financial capital to the benefit of healthier, more effective criminal justice systems. I believe much more is needed, and would like to convince this Commission of it.

Two sets of issues are important in this regard:

i)the important events and favourable circumstances that have preceded this Meeting: they are a good omen for this commission's deliberations. This will be Part I of my statement. Also,

ii)the commitment of UNODC to respond to these circumstances by adapting and repositioning itself. This will be Part II of my statement.

PART I

THE 14TH CRIME COMMISSION MEETS UNDER PROPITIOUS CIRCUMSTANCES

Let me tell you what I’ve observed over the recent past -- the positive signals which I see preceding this 14th session.

FIRST, THE SUCCESSFUL 11th CRIME CONGRESS IN BANGKOK

In Bangkok, we celebrated the golden jubilee of Crime Congresses: half a century in the service of the justice system. To appreciate the relevance of the 11th Congress, you might like to read the report the Secretariat issued on that occasion, to review the benchmarks established by earlier Congresses, and the degree of compliance with their deliberations. It is an unusually rich compilation of achievements.

Bangkok was a milestone in other regards as well. Together, Member States considered how the existing Conventions against Crime and against Corruption are helping them reach domestic goals in these areas. One point in particular was repeated frequently at the Congress: the connection between criminal justice, the rule of law, and global security. Today, we can safely say that all Member States agree that the rule of law is a prerequisite to peace.

Especially encouraging was the number of people who came to Bangkok to talk about “the other sides” of enforcement, namely prevention and care. Scores of committed friends attended the Congress to spotlight issues like victims’ protection, human trafficking and exploitation, and the reintegration of perpetrators into society. These individuals and NGOs spoke for the millions of people whose voices we would not have heard otherwise. I believe we listened to them then in Bangkok and that we should do so now in Vienna.

At the Congress, there were also calls for new crime Conventions, specifically against cyber crime and money laundering. Some Member States opposed such efforts. What both sides agreed on, is that there is a need for greater international initiatives to combat new forms of crime.

UNODC understands the importance of moving toward goals that have already been agreed upon before new undertakings are launched. In Bangkok, I listened carefully to all the views presented, and decided that, at the appropriate time, UNODC will recommend technical work (such as research and consultations) to determine whether the premises for such additional legislative work are in place.

Before closing on this Bangkok chapter, let me add two points. First, I warmly thank the government of Thailand and the Royal Family for the wonderful job they did in hosting the Crime Congress, and for their support. The generosity of the people of Thailand was overwhelming.

Second, I want to tell you about a standing ovation, at the end of the Congress, in honour of UNODC Director Eduardo Vetere who is retiring from the Office after a third of a century of dedicated, effective work. More on this later.

SECOND, THE RATIFICATION OF CRIME CONVENTIONS

We are making excellent progress. I like to say we’re “five in five,” meaning we are close to having shepherded 2 crime Conventions and 3 protocols into existence over a 5 year period. During the Crime Congress, we held a treaty event, during which 16 ratifications were deposited by a number of countries.

The Transnational Organized Crime Convention now has 105 ratifications. At the current pace, the 2nd session of the Conference of Parties (COP) will probably be attended by twice the number of parties attending the first COP last year.

Equally significant is the fact that Poland & Zambia provided the necessary ratification to reach the 40th threshold, allowing the Firearms Protocol to enter into force soon.

The Convention against Corruption has two dozens ratifications, only a few away from 30 required for entry into force, and we expect to see that it enter into force by this year.

During the Bangkok Congress, we also noted that Member States wish to achieve a speedy, universal ratification of the international instruments against terrorism. Only 1/3 of Member States so far have ratified all such 12 (soon to be 13) instruments. Yet, again, there is reason for optimism, and UNODC is actively engaged in related technical assistance.

The fact that we’ve accomplished the ratification of the crime-related Conventions in record time is a great satisfaction. Less satisfactory is the fact that the roster of the contracting parties is heavily populated by G77 countries, while too many G8 countries are missing. I encourage lagging countries to complete domestic procedures so they can ratify the Conventions in New York during the UN’s 60th Anniversary Celebration—a perfect time to announce these ratifications!

THIRD, CONVENTIONS ARE BEING TURNED INTO FACTS

Also promising is the fact that more Member States are working aggressively to translate Conventions into domestic legislation and policy initiatives. I can give you examples from four continents right now.

In Pakistan, which I visited last week, the commitment to eliminating drugs and drug trafficking is more than talk—that nation has ratified both the Conventions against Crime and against Corruption. They’ve launched a National Integrity Initiative that is already producing visible results, and are mounting an all-out effort to fight terrorism. I toured the Khyber Pass in the Northwest frontier, where 70,000 troops, having made major inroads in counter-terrorism, are soon to be deployed in the offensive against Afghan drugs. I told President Musharraf that I would be glad to fund raise for his country: Pakistan is a nation where resources invested in fighting crime and terrorism can produce huge returns.

Nigeria is another country I visited recently: a country that’s looking forward, not back. President Obasanjo has amply proved his commitment to promote integrity by firing officials who break the law, and who sabotage civil society through corruption. He is another leader who understands the connections between honesty and prosperity, between the rule of law and the kind of security that makes reputations, invites investment, and gives people hope. Money invested in crime prevention in Nigeria (for example, the forthcoming EU/UNODC initiative to assist the Economic and Financial Crime Commission, EFCC) is well spent.

I am looking forward to the opportunity to visit Brazil next week, where I’ll attend the Forum against Corruption in Brasilia, and consult with authorities there. Once again, on another continent, we are witnessing a major push to improve governance, fight corruption, address the HIV pandemic as a result of drug addition and prison conditions. Security also needs to be increased, especially in urban centres.

I am also expected to travel soon to Ukraine, where the anti-crime and anti-corruption campaign has been felt very strongly throughout society, and where citizens have said quite openly that honesty in government is not an impossible dream.

FOURTH, THE UNODC INITIATIVE FOR AFRICA

The UNODC has just released a summary of a report on Crime and Development in Africa. The full report, which will be issued in early summer, tells an interesting story. It confirms that crime is the inescapable companion to other conditions, for example, the vulnerability occasioned by war and conflict; anarchy and failed administration, poverty and underdevelopment. When these conditions prevail in a nation or a region, crime follows closely. The reverse is also true: crime can be the cause of all the above.

This idea carries major implications for both the providers and recipients of development assistance. For the UNODC, this is particularly important, because it reconfirms the tenet that the rule of law must be part of development assistance—it must be mainstreamed, so to speak, into all development efforts.

Africa is our first mother. Humanity originated in Africa, and that is where civilization first started. Progress and prosperity have to return to Africa. It’s time to strengthen Africa’s ability to deliver on its promises to combat crime, violence and corruption, and to recognize the progress African States have already made:

• Military coups are now rare and democratically elected governments on the rise;
• More African states are experiencing socio-economic recovery, even strong growth;
• Once irresolvable conflicts (Sudan, Angola and Sierra Leone) have dwindled or been resolved, while serious efforts are under way to deal with others once thought to be intractable;
• More leaders are today driven by empowerment from their people and pressure from peers;
• Statements by developed nations show greater readiness to help support these African efforts.

UNODC intends to turn to the Caribbean and Central America next, to begin another analysis of crime in these regions, and to issue a similar report—one we hope will have a positive ending as well.

FIFTH: THE SECRETARY-GENERAL REFORM PROPOSALS

With his far-reaching document In Larger Freedom, the Secretary-General has called for widespread reform of the United Nations. The proposals have treated UNODC-type of issues with unusual detail and care, and I would like to review them.

• The proposal lists poverty, disease, war and conflict as threats to peace and security in this 21st century; in addition, it also lists civil violence, organized crime and terrorism – all subjects at the heart of the UNODC mandate.
• Also, given our globalized world, even threats specific to a single region are, in fact, equally serious for all. The Secretary-General also sees them as interconnected. The rich are vulnerable to the threats that endanger the poor. Vice versa, threats to the strong are also a menace to the weak;
• The Secretary-General has also called on all States to abide by the security treaties they have signed. He insists on the importance of greater monitoring, more effective implementation, and firmer enforcement, which are the building blocks of the rule of law, at home and abroad. Perhaps we should offer him honorary membership to this Commission.
• The Secretary-General has warned that catastrophic terrorism must never become a reality. This will require a new global strategy (the 5 Ds: dissuade, deny, deter, develop, and defend). It also requires Member States to agree on a common definition of terrorism, and on the comprehensive Convention. It also demands that all states ratify and comply with the crime-related Conventions.

The Secretary-General proposals represent a further step in the UN thinking about development, its foundations and its consequences.

The Secretary-General’s vision has progressed through 3 phases:

• First, peace-development-security were defined as the virtuous trilogy by Secretary-General in his inaugural statement (1996);
• Second, drugs-crime-terrorism were defined as the deadly triple enemy of civil society by Secretary-General when UNODC was established in Vienna (1998);
• Third, in this 2005 report In Larger Freedom, the Secretary-General links these two contexts. He demonstrates how drugs-crime-terrorism undermine peace-development-security, and how the reverse is true as well: peace, development and security are enemies of drugs, crime and terrorism.

The Secretary-General has also advanced important funding proposals that reflect the new priorities listed in his report and in the earlier report by the High-Level Panel. I don’t want my remarks to sound like a lobbying effort, but the truth is quite simple: political statements don’t count for much unless they are transformed into action, and without the donors’ help, UNODC cannot help States do that.

I am told the current debate underway in the General Assembly on the rule of law is going well. The Summit is likely to endorse many of the Secretary-General’s proposals, hopefully these will include proposals related to the work of UNODC. I ask you to do what you can to influence the debate accordingly.

Part II

Toward A Stronger Crime Control Regime:

The UNODC Role

Right now, as an agency tasked with preventing and controlling crime, UNODC is at a crossroads. We need to consult with Member States to ensure that the choices we shall make are the right ones, and then we need to move forward. Member States have generated a great deal of momentum in the fight against global crime, and UNODC is naturally expected to capitalize on this.

The time has come for UNODC to focus on 3 goals:

1. to clarify the concepts driving our policies;
2. to justify the need for greater funding resources;
3. to improve delivery capacity.

Let’s take a closer look at each of these goals.

FIRST: STRONGER CONCEPTUAL UNDERPINNING

In 2002-2003, UNODC reorganized in order to work in a logical sequence:

first, data collection and research;

• second, convention and legislative work;
• third, the operations on the ground;
• fourth, management and administrative backup.

These 4 activities correspond to the 4 UNODC Divisions in Vienna. Until now, the bulk of our resources at UNODC has been spent on our drug-control mandate. We accomplished a great deal: UNODC drug-related databases are the best in the world, so is our research in this area. Drug-related conventions are now universally ratified, and compliance is excellent—something for which UNODC support is credited. All UNODC field operations are strongly involved in drug prevention and control on the ground. And, state-of-the-art management and control systems are in place, supported by a strong independent evaluation mechanism.

On the crime side, however, it’s a different story—not as successful, for some very simple reasons. First, the world’s understanding of transnational crime issues is still fairly limited: data collection is virtually non-existent, and research is immature. Second, the international crime control regime is still young as well, with consensus on conventions and protocols emerging only over the last 5 years. Yes, ratification is progressing, but it is still not universal.