United Nations

A/51/610


General Assembly

Distr. GENERAL  

22 November 1996

ORIGINAL:
ENGLISH


                                                        A/51/610
                                                              

General Assembly
Fifty-first session
Agenda item 101


                     CRIME PREVENTION AND CRIMINAL JUSTICE

                         Report of the Third Committee

                  Rapporteur:  Ms. Victoria SANDRU (Romania)


                               I.  INTRODUCTION

1.   At its 3rd plenary meeting, on 20 September 1996, the General
Assembly, on the recommendation of the General Committee, decided to
include in the agenda of its fifty-first session the item entitled
"Crime prevention and criminal justice" and to allocate it to the
Third Committee.

2.   The Committee considered the item jointly with items 102 and 158
at its 5th to 10th, 12th, 16th to 18th, 20th, 26th and 40th meetings,
on 18, 21 to 23 and 28 to 31 October and 6 and 15 November 1996.  An
account of the Committee's discussion is contained in the relevant
summary records (A/C.3/51/SR.5-10, 12, 16-18, 20, 26 and 40).

3.   For its consideration of the item, the Committee had before it the
following documents:

     (a) Relevant sections of the report of the Economic and Social
Council for 1996 (A/51/3, parts I, II and II);

     (b) Report of the Secretary-General on implementation of General
Assembly resolutions 50/145 and 50/146 (A/51/327);

     (c) Report of the Secretary-General on the United Nations African
Institute for the Prevention of Crime and the Treatment of Offenders
(A/51/450);  
     (d) Letter dated 5 July 1996 from the Permanent Representative of
France to the United Nations addressed to the Secretary-General
transmitting the final documents of the summit meeting of the group of
seven major industrialized countries, held at Lyon, France, from 27 to
29 June 1996 (A/51/208-S/1996/543);

     (e) Letter dated 12 September 1996 from the Permanent
Representative of the Marshall Islands to the United Nations addressed
to the Secretary-General transmitting the Forum Communique', adopted
by the twenty-seventh South Pacific Forum, held at Majuro from 3 to 5
September 1996 (A/51/357);

     (f) Letter dated 4 October 1996 from the Permanent Representative
of Costa Rica to the United Nations addressed to the Secretary-General
transmitting the Ministerial Declaration of the Group of 77 and China,
adopted at the twentieth meeting of the Ministers for Foreign Affairs
of the Group of 77, held in New York on 27 September 1996 (A/51/471);

     (g) Letter dated 28 October 1996 from the Permanent
Representatives of Hungary, Italy and Slovenia to the United Nations
addressed to the Secretary-General transmitting a joint declaration
issued at Rome on 23 October 1996 by their Foreign Ministers
(A/51/649-S/1996/901).

4.   At the 5th meeting, on 18 October, the Under-Secretary-General and
Director-General of the United Nations Office at Vienna made an
introductory statement (see A/C.3/51/SR.5).

5.   At the 12th meeting, on 23 October, the Under-Secretary-General
and Director-General of the United Nations Office at Vienna made
concluding remarks (see A/C.3/51/SR.12).


                        II.  CONSIDERATION OF PROPOSALS

                       A.  Draft resolution A/C.3/51/L.2

6.   By its resolution 1996/8, the Economic and Social Council
recommended to the General Assembly the adoption of a draft resolution
entitled "Action against corruption" (A/C.3/51/L.2).

7.   At its 20th meeting, on 31 October, the Committee had before it
the text of that draft resolution.

8.   At the same meeting, the Secretary of the Committee orally revised
the draft resolution as follows:  in the fourth preambular paragraph,
the words "to developing countries and countries with economies in
transition" were deleted.

9.   At the same meeting, the Committee adopted draft resolution
A/C.3/51/L.2, as orally revised, without a vote (see para. 32, draft
resolution I).

10.  After the adoption of the draft resolution, the representative of
the Syrian Arab Republic made a statement (see A/C.3/51/SR.20).


          B.  Draft resolution A/C.3/51/L.3 and amendment to A/C.3/51/L.3
              contained in document A/C.3/51/L.5 and draft resolution
              A/C.3/51/L.11

11.  By its resolution 1996/9, the Economic and Social Council
recommended to the General Assembly the adoption of a draft resolution
entitled "United Nations Declaration on Crime and Public Security"
(A/C.3/51/L.3), which read:

         "The General Assembly,

         "Convinced that the adoption of a declaration on crime and
     public security will contribute to the enhancement of the struggle
     against serious transnational crime,

         "1.   Approves the United Nations Declaration on Crime and
     Public Security, the text of which is annexed to the present
     resolution;

         "2.   Urges Member States, in accordance with the provisions of
     the Declaration, to take all appropriate measures at the national
     and international levels to combat serious transnational crime;

         "3.   Invites the Secretary-General to inform all States and
     the relevant specialized agencies and organizations of the
     adoption of the Declaration;

         "4.   Urges Member States to make every effort in order that
     the Declaration becomes generally known and is observed and
     implemented in full in accordance with their respective national
     legislation;

         "5.   Invites Member States to promote public campaigns,
     including the use of mass media, that stimulate public awareness
     of and participation in the process of crime prevention and
     promotion of public security.


                                    "ANNEX

           "United Nations Declaration on Crime and Public Security

         "The General Assembly,

         "Solemnly proclaims the following United Nations Declaration
     on Crime and Public Security:


                                  "Article 1

         "Member States shall seek to protect the security and well-
     being of their citizens and all persons within their jurisdictions
     by taking effective national measures to combat serious
     transnational crime, including organized crime, illicit drug and
     arms trafficking, smuggling of other illicit articles, organized
     trafficking in persons, terrorist crimes and the laundering of
     proceeds from serious crimes, and shall pledge their mutual
     cooperation in those efforts.


                                  "Article 2

         "Member States shall promote bilateral, regional multilateral
     and global law enforcement cooperation and assistance, including,
     as appropriate, mutual legal assistance arrangements to facilitate
     the detection, apprehension and prosecution of those who commit or
     are otherwise responsible for serious transnational crimes and to
     ensure that law enforcement and other competent authorities can
     cooperate effectively on an international basis.


                                  "Article 3

         "Member States shall take measures to prevent support for and
     operations of criminal organizations in their national
     territories.  Member States shall, to the fullest possible extent,
     provide for effective extradition or prosecution of those who
     engage in serious transnational crimes in order that they find no
     safe haven.


                                  "Article 4

         "Mutual cooperation and assistance in matters concerning
     serious transnational crime shall also include, as appropriate,
     the strengthening of systems for the sharing of information among
     Member States and the provision of bilateral and multilateral
     technical assistance to Member States by utilizing training,
     exchange programmes and law enforcement training academies and
     criminal justice institutes at the international level.


                                  "Article 5

         "Member States that have not yet done so are urged to become
     parties as soon as possible to the principal existing
     international treaties relating to various aspects of the problem
     of international terrorism.  States parties shall effectively
     implement their provisions in order to fight against terrorist
     crimes.  Member States shall also take measures to implement
     General Assembly resolution 49/60 of 9 December 1994 on measures
     to eliminate international terrorism and its annex containing the
     Declaration on Measures to Eliminate International Terrorism.


                                  "Article 6

         "Member States that have not yet done so are urged to become
     parties to the international drug control conventions as soon as
     possible.  States parties shall effectively implement the
     provisions of the Single Convention on Narcotic Drugs of 1961, 1/
     that Convention as amended by the 1972 Protocol Amending the
     Single Convention on Narcotic Drugs of 1961, 2/ the Convention on
     Psychotropic Substances of 1971, 3/ and the United Nations
     Convention against Illicit Traffic in Narcotic Drugs and
     Psychotropic Substances of 1988. 4/  Member States specifically
     reaffirm that, on the basis of shared responsibility, they shall
     take all necessary preventive and enforcement measures to
     eliminate the illicit production of, trafficking in, and
     distribution and consumption of narcotic drugs and psychotropic
     substances, including measures to facilitate the fight against
     those criminals involved in this type of transnational organized
     crime.


                                  "Article 7

         "Member States shall take measures within their national
     jurisdictions to improve their ability to detect and interdict the
     movement across borders of those who engage in serious
     transnational crime, as well as the instrumentalities of such
     crime, and shall take effective specific measures to protect their
     territorial boundaries, such as:

         "(a) Adopting effective controls on explosives and against
     illicit trafficking by criminals in certain materials and their
     components that are specifically designed for use in manufacturing
     nuclear, biological or chemical weapons and, in order to lessen
     risks arising from such trafficking, by becoming party to and
     fully implementing all relevant international treaties relating to
     weapons of mass destruction;

         "(b) Strengthening supervision of passport issuance and
     enhancement of protection against tampering and counterfeiting;

         "(c) Strengthening enforcement of regulations on illicit
     transnational trafficking in firearms, with a view to both
     suppressing the use of firearms in criminal activities and
     reducing the likelihood of fuelling deadly conflict;

         "(d) Coordinating measures and exchanging information to
     combat the organized criminal smuggling of persons across national
     borders.


                                  "Article 8

         "To combat further the transnational flow of the proceeds of
     crime, Member States agree to adopt measures, as appropriate, to
     combat the concealment or disguise of the true origin of proceeds
     of serious transnational crime and the intentional conversion or
     transfer of such proceeds for that purpose.  Member States agree
     to require adequate record-keeping by financial and related
     institutions and, as appropriate, the reporting of suspicious
     transactions, and to ensure effective laws and procedures to
     permit the seizure and forfeiture of the proceeds of serious
     transnational crime.  Member States recognize the need to limit
     the application of bank secrecy laws, if any, with respect to
     criminal operations, and to obtain the cooperation of the
     financial institutions in detecting these and any other operations
     which may be used for the purpose of money-laundering.


                                  "Article 9

         "Member States agree to take steps to strengthen the overall
     professionalism of their criminal justice, law enforcement and
     victim assistance systems, and relevant regulatory authorities,
     through measures such as training, resource allocation and
     arrangements for technical assistance with other States, and to
     promote the involvement of all elements of their societies in
     combating and preventing serious transnational crime.


                                  "Article 10

         "Member States agree to combat and prohibit corruption and
     bribery, which undermine the legal foundations of civil society,
     by enforcing applicable domestic laws against such activity.  For
     this purpose Member States also agree to consider developing
     concerted measures for international cooperation to curb corrupt
     practices, as well as developing technical expertise to prevent
     and control corruption.


                                  "Article 11

         "Actions taken in furtherance of this Declaration shall fully
     respect the national sovereignty and territorial jurisdiction of
     Member States as well as the rights and obligations of Member
     States under existing treaties and international law, and shall be
     consistent with human rights and fundamental freedoms as
     recognized by the United Nations."

12.  At the 16th meeting, on 28 October, the representative of Lebanon
introduced an amendment to draft resolution A/C.3/51/L.3
(A/C.3/51/L.5), by which the following first preambular paragraph was
added:

         "Recalling the Declaration on the Occasion of the Fiftieth
     Anniversary of the United Nations".


13.  At its 26th meeting, on 6 November, the Committee had before it a
draft resolution entitled "United Nations Declaration on Crime and
Public Security" submitted by the Chairperson on the basis of informal
consultations held on the draft resolution contained in document
A/C.3/51/L.3, which had been recommended to the General Assembly by
the Economic and Social Council in its resolution 1996/9, and the
amendment thereto contained in document A/C.3/51/L.5.

14.  At the same meeting, the Committee adopted draft resolution
A/C.3/51/L.11 without a vote (see para. 32, draft resolution II).

15.  At the same meeting, in view of the adoption of the draft
resolution, the amendment contained in document A/C.3/51/L.5 was
withdrawn by its sponsor.

16.  At the same meeting, in view of the adoption of the draft
resolution and on the proposal of the Chairperson, the Committee took
no action on draft resolution A/C.3/51/L.3.


                       C.  Draft resolution A/C.3/51/L.6

17.  At the 17th meeting, on 29 October, the representative of Burundi,
on behalf of the States Members of the United Nations that are members
of the Group of African States, introduced a draft resolution entitled
"United Nations African Institute for the Prevention of Crime and the
Treatment of Offenders" (A/C.3/51/L.6).

18.  At the same meeting, the representative of Burundi orally revised
the draft resolution as follows:

     (a) In operative paragraph 3, the words "effectively follow up,
monitor and evaluate the implementation of all operational aspects of
the decisions of the Ninth United Nations Congress on the Prevention
of Crime and the Treatment of Offenders as well as other relevant
decisions of the General Assembly" were replaced with the words
"fulfil its mandate";

     (b) A new operative paragraph 5 was added to the draft resolution
which read as follows:

         "5.  Also requests the Secretary-General to enhance regional
     cooperation, coordination and collaboration on the fight against
     crime, especially in its transnational dimensions, which could not
     be adequately dealt with by national action alone"

and the subsequent paragraphs were renumbered accordingly;

     (c) In operative paragraph 6 (former para. 5), the words
"intergovernmental and" were deleted.

19.  At the 20th meeting, on 31 October, the representative of Burundi,
on behalf of the States Members of the United Nations that are members
of the Group of African States, further orally revised the draft
resolution as follows:  in operative paragraph 7 (former para. 6), the
word "possible" was inserted after the word "every".

20.  At the same meeting, the representative of Egypt made a statement
(see A/C.3/51/SR.20).

21.  At the same meeting, the Committee adopted draft resolution
A/C.3/51/L.6, as orally revised (see para. 32, draft resolution III).


                  D.  Draft resolution A/C.3/51/L.7 and Rev.1

22.  At the 18th meeting, on 30 October, the representative of Cuba
introduced a draft resolution entitled "Measures for prevention of the
smuggling of aliens by sea" (A/C.3/51/L.7), which read:

         "The General Assembly,

         "Recalling its resolution 48/102 of 20 December 1993 in
     which, inter alia, it condemns the practice of smuggling aliens
     and urges States to take appropriate steps to frustrate the
     objectives and activities of smugglers of aliens,

         "Recalling also Economic and Social Council resolutions
     1994/14 of 25 July 1994 and 1995/10 of 24 July 1995,

         "Recalling also resolution A.773(18) of the Assembly of the
     International Maritime Organization, of 4 November 1993,
     concerning enhancement of safety of life at sea by the prevention
     and suppression of unsafe practices associated with alien
     smuggling by ships, which expresses great concern at incidents
     involving the smuggling of aliens on board ships and the serious
     problems associated with such activities for safety of life at
     sea,

         "Concerned at the increasing activities of criminals and
     criminal organizations that profit illicitly by smuggling human
     beings, preying on the dignity and lives of migrants and adding to
     the complexity of the phenomenon of increasing international
     migration,

         "Recognizing that international criminal groups often
     convince individuals to migrate illegally by various means for
     enormous profits and use the proceeds from smuggling human beings
     to finance other criminal activities,

         "Recognizing also that socio-economic factors influence the
     problem of the smuggling of aliens and also contribute to the
     complexity of current international migration,

         "Reaffirming respect for the sovereignty and territorial
     integrity of all States, including their right to control their
     own borders,

         "Concerned that the smuggling of aliens undermines public
     confidence in policies and procedures for immigration and for the
     protection of refugees,

         "Taking into account the efforts of the Office of the United
     Nations High Commissioner for Refugees, the International
     Organization for Migration and the International Maritime
     Organization in responding to the requests from States for
     assistance in dealing with the smuggling of aliens,

         "Emphasizing the importance of international cooperation and,
     in particular, the need for States to cooperate urgently at the
     bilateral and multilateral levels, as appropriate, to thwart these
     activities,

         "1.   Condemns the practice of smuggling aliens in violation of
     international and national law or other agreements between States
     and without regard for the safety, well-being and human rights of
     the migrants;

         "2.   Urges States to take appropriate steps to frustrate the
     objectives and activities of smugglers of aliens and thus to
     protect would-be migrants from exploitation and loss of life,
     inter alia, by amending criminal laws, if necessary, to encompass
     the smuggling of aliens and by establishing or improving
     procedures to permit the ready discovery of false travel documents
     supplied by smugglers;

         "3.   Requests States to share information, coordinate their
     law-enforcement activities, and cooperate to prevent the illegal
     transport by smugglers of third-country nationals by sea;

         "4.   Also requests States to cooperate to ensure the stricter
     application of the law by making laws and regulations on travel
     documents stricter, enhancing the control of borders, improving
     the requirements for registration of vessels, and applying the
     relevant international agreements;

         "5.   Requests States to cooperate in the interest of safety of
     life at sea, to increase their efforts to prevent the smuggling of
     aliens, and to ensure that prompt and effective action is taken
     against the smuggling of aliens by ship;

         "6.   Calls upon Member States and relevant specialized
     agencies and international organizations to take into account
     socio-economic factors and to cooperate at the bilateral and
     multilateral levels in addressing all aspects of the problem of
     the smuggling of aliens;

         "7.   Emphasizes that international efforts to prevent the
     smuggling of aliens should not inhibit legal migration or freedom
     of travel or undercut the protection provided by international
     refugee law;

         "8.   Requests the Commission on Crime Prevention and Criminal
     Justice to give special attention to the question of the smuggling
     of aliens at its sixth session, to be held in 1997, in order to
     encourage international cooperation to address this problem within
     the framework of its mandate; 

         "9.   Requests the Secretary-General to transmit the text of
     the present resolution to all Member States and to relevant
     specialized agencies and intergovernmental organizations;

         "10. Invites Member States and relevant specialized agencies
     and intergovernmental organizations which have not done so to
     report to the Secretary-General on the measures they have taken to
     combat the smuggling of aliens;

         "11. Requests the Secretary-General to report to the General
     Assembly on the measures taken by States, specialized agencies and
     intergovernmental organizations to combat the smuggling of aliens,
     and decides to consider this question at its fifty-second session
     under the item entitled 'Crime prevention and criminal justice'."

23.  At its 40th meeting, on 15 November, the Committee had before it a
revised draft resolution submitted by the same sponsor entitled
"Measures for prevention of the smuggling of aliens"
(A/C.3/51/L.7/Rev.1).

24.  At the same meeting, the representative of Guatemala joined in
sponsoring the draft resolution.

25.  Also at the same meeting, the representative of Cuba orally
revised operative paragraph 11 by inserting the word "and" between the
words "international" and "national".

26.  At the same meeting, the Committee adopted the draft resolution,
as orally revised, without a vote (see para. 32, draft resolution IV).


                       E.  Draft resolution A/C.3/51/L.8

27.  At the 16th meeting, on 28 October, the representative of Italy,
on behalf of Argentina, Armenia, Austria, Belarus, Canada, Costa Rica,
Co^te d'Ivoire, Croatia, Cyprus, Egypt, France, Georgia, Germany,
Greece, Guatemala, Iceland, Italy, Japan, Nigeria, Panama, Poland,
Romania, the Russian Federation, Slovakia, Slovenia, South Africa,
Spain, Sweden, Tunisia, Turkey and Ukraine, introduced a draft
resolution entitled "Strengthening the United Nations Crime Prevention
and Criminal Justice Programme, particularly its technical cooperation
capacity" (A/C.3/51/L.8).  Subsequently, Australia, the Bahamas,
Burundi, Cape Verde, Chile, Kyrgyzstan, Lesotho, Malta, Marshall
Islands, the Philippines and Togo joined in sponsoring the draft
resolution. 

28.  At the same meeting, the representative of Italy, on behalf of the
sponsors, orally revised the draft resolution as follows:  a new third
preambular paragraph was added to the draft resolution, which read:

         "Convinced of the desirability of closer coordination and
     cooperation among States in combating crime, including
     drug-related crimes, such as terrorist crimes, illicit arms trade
     and money-laundering, and bearing in mind the role that could be
     played by both the United Nations and regional organizations in
     this respect".

29.  At the 20th meeting, on 31 October, statements were made by the
representatives of the Syrian Arab Republic and Italy (see
A/C.3/51/SR.20).

30.  At the same meeting, the Committee adopted draft resolution
A/C.3/51/L.8, as orally revised, without a vote (see para. 32, draft
resolution V).

31.  After the adoption of the draft resolution, the representative of
the United States of America made a statement (see A/C.3/51/SR.20).


                 III.  RECOMMENDATIONS OF THE THIRD COMMITTEE

32.  The Third Committee recommends to the General Assembly the
adoption of the following draft resolutions:


                              DRAFT RESOLUTION I

                           Action against corruption

     The General Assembly,

     Concerned at the seriousness of problems posed by corruption,
which may endanger the stability and security of societies, undermine
the values of democracy and morality and jeopardize social, economic
and political development,

     Also concerned about the links between corruption and other forms
of crime, in particular organized crime and economic crime, including
money-laundering,

     Convinced that, since corruption is a phenomenon that currently
crosses national borders and affects all societies and economies,
international cooperation to prevent and control it is essential,

     Convinced also of the need to provide, upon request, technical
assistance designed to improve public management systems and to
enhance accountability and transparency,

     Recalling the Inter-American Convention against Corruption,
adopted by the Organization of American States at the special
conference held at Caracas from 27 to 29 March 1996,

     Recalling also its resolutions 45/121 of 14 December 1990 and
46/152 of 18 December 1991, and Economic and Social Council
resolutions 1992/22 of 30 July 1992, 1993/32 of 27 July 1993 and
1994/19 of 25 July 1994,

     Recalling in particular its resolution 50/225 of 19 April 1996,
adopted at its resumed session on public administration and
development,

     Recalling Economic and Social Council resolution 1995/14 of
24 July 1995 on action against corruption,

     Recalling also the work carried out by other international and
regional organizations in this field, including the activities of the
Council of Europe, the European Community, the Organisation for
Economic Cooperation and Development and the Organization of American
States,

     1.  Takes note of the report of the Secretary-General on action
against corruption, 5/ submitted to the Commission on Crime
Prevention and Criminal Justice at its fifth session;

     2.  Adopts the International Code of Conduct for Public
Officials, annexed to the present resolution, and recommends it to
Member States as a tool to guide their efforts against corruption;

     3.  Requests the Secretary-General to distribute the
International Code of Conduct to all States and to include it in the
manual on practical measures against corruption, to be revised and
expanded pursuant to Economic and Social Council resolution 1995/14,
with a view to offering both those tools to States in the context of
advisory services, training and other technical assistance activities;

     4.  Also requests the Secretary-General to continue to collect
information and legislative and regulatory texts from States and
relevant intergovernmental organizations, in the context of his
continuing study of the problem of corruption;

     5.  Further requests the Secretary-General, in consultation with
States, relevant intergovernmental and non-governmental organizations,
as well as in cooperation with the institutes comprising the United
Nations Crime Prevention and Criminal Justice Programme network, to
elaborate an implementation plan and submit it to the Commission on
Crime Prevention and Criminal Justice at its sixth session, in
conjunction with his report to be submitted pursuant to Economic and
Social Council resolution 1995/14;

     6.  Urges States, relevant intergovernmental and non-governmental
organizations, as well as the institutes comprising the United Nations
Crime Prevention and Criminal Justice Programme network, to extend to
the Secretary-General their full support in elaborating the
implementation plan and in implementing paragraph 4 above;

     7.  Urges Member States carefully to consider the problems posed
by the international aspects of corrupt practices, especially as
regards international economic activities carried out by corporate
entities, and to study appropriate legislative and regulatory measures
to ensure the transparency and integrity of financial systems and
transactions carried out by such corporate entities;

     8.  Requests the Secretary-General to intensify his efforts to
closely cooperate with other entities of the United Nations system and
other relevant international organizations and to more effectively
coordinate activities undertaken in this area;

     9.  Also requests the Secretary-General, subject to the
availability of extrabudgetary resources, to provide increased
advisory services and technical assistance to requesting Member
States, in particular in the elaboration of national strategies, the
elaboration or improvement of legislative and regulatory measures, the
establishment or strengthening of national capacities to prevent and
control corruption, as well as in training and upgrading skills of
relevant personnel;

     10. Calls upon States, relevant international organizations and
financing institutions to extend to the Secretary-General their full
support and assistance in the implementation of the present
resolution;

     11. Requests the Commission on Crime Prevention and Criminal
Justice to keep the issue of action against corruption under regular
review.


                                     ANNEX

              International Code of Conduct for Public Officials

                            I.  GENERAL PRINCIPLES

1.   A public office, as defined by national law, is a position of
trust, implying a duty to act in the public interest.  Therefore, the
ultimate loyalty of public officials shall be to the public interests
of their country as expressed through the democratic institutions of
government.

2.   Public officials shall ensure that they perform their duties and
functions efficiently and effectively, in accordance with laws or
administrative policies, and with integrity.  They shall at all times
seek to ensure that public resources for which they are responsible
are administered in the most effective and efficient manner.

3.   Public officials shall be attentive, fair and impartial in the
performance of their functions and, in particular, in their relations
with the public.  They shall at no time afford any undue preferential
treatment to any group or individual or improperly discriminate
against any group or individual, or otherwise abuse the power and
authority vested in them.


                II.  CONFLICTS OF INTEREST AND DISQUALIFICATION

4.   Public officials shall not use their official authority for the
improper advancement of their own or their family's personal or
financial interest.  They shall not engage in any transaction, acquire
any position or function, or have any financial, commercial or other
comparable interest that is incompatible with their office, functions
and duties or the discharge thereof.

5.   Public officials, to the extent required by the officials'
position, shall in accordance with laws or administrative policies,
declare business, commercial and financial interests, or activities
undertaken for financial gain that may raise a possible conflict of
interest.  In situations of possible or perceived conflict of interest
between public officials' duties and private interests they shall
comply with the measures established to reduce or eliminate such
conflict of interest.

6.   Public officials shall at no time improperly use public moneys,
property, services or information that is acquired in the performance
of, or as a result of, their official duties for activities not
related to their official work.

7.   Public officials shall comply with measures established by law or
administrative policies in order that after leaving their official
positions they will not take improper advantage of their previous
office.


                          III.  DISCLOSURE OF ASSETS

8.   Public officials shall, in accord with the officials' position and
as permitted or required by law and administrative policies, comply
with requirements to declare or to disclose personal assets and
liabilities, as well as, if possible, those of their spouses and/or
dependants.


                   IV.  ACCEPTANCE OF GIFTS OR OTHER FAVOURS

9.   Public officials shall not solicit or receive directly or
indirectly any gift or other favours that may influence the exercise
of their functions, performance of their duties or their judgement.


                         V.  CONFIDENTIAL INFORMATION

10.  Matters of a confidential nature in the possession of public
officials shall be kept confidential unless national legislation, the
performance of duty or the needs of justice strictly require
otherwise.  Such restrictions shall apply also after separation from
service.


                            VI.  POLITICAL ACTIVITY

11.  The political or other activity of public officials outside the
scope of their office shall, in accordance with laws and
administrative policies, not be such as to impair public confidence in
the impartial performance of their functions and duties.


                              DRAFT RESOLUTION II

            United Nations Declaration on Crime and Public Security

     The General Assembly,

     Convinced that the adoption of a declaration on crime and public
security will contribute to the enhancement of the struggle against
serious transnational crime,

     1.  Approves the United Nations Declaration on Crime and Public
Security, as annexed to the present resolution;

     2.  Urges Member States, in accordance with the provisions of the
Declaration, to take all appropriate measures at the national and
international levels to combat serious transnational crime;

     3.  Invites the Secretary-General to inform all States and the
relevant specialized agencies and organizations of the adoption of the
Declaration;

     4.  Urges Member States to make every effort to ensure that the
Declaration becomes generally known and is observed and implemented in
full in accordance with their respective national legislation;

     5.  Invites Member States to promote public campaigns, including
the use of mass media, that stimulate public awareness of and
participation in the process of crime prevention and promotion of
public security.


                                     ANNEX

            United Nations Declaration on Crime and Public Security

     The General Assembly,

     Recalling the Declaration on the Occasion of the Fiftieth
Anniversary of the United Nations, 6/ the Declaration on Measures to
Eliminate International Terrorism 7/ and the Naples Political
Declaration and Global Action Plan against Organized Transnational
Crime, 8/

     Solemnly proclaims the following United Nations Declaration on
Crime and Public Security:


                                   Article 1

     Member States shall seek to protect the security and well-being of
their citizens and all persons within their jurisdictions by taking
effective national measures to combat serious transnational crime,
including organized crime, illicit drug and arms trafficking,
smuggling of other illicit articles, organized trafficking in persons,
terrorist crimes and the laundering of proceeds from serious crimes,
and shall pledge their mutual cooperation in those efforts.


                                   Article 2

     Member States shall promote bilateral, regional, multilateral and
global law enforcement cooperation and assistance, including, as
appropriate, mutual legal assistance arrangements to facilitate the
detection, apprehension and prosecution of those who commit or are
otherwise responsible for serious transnational crimes and to ensure
that law enforcement and other competent authorities can cooperate
effectively on an international basis.


                                   Article 3

      Member States shall take measures to prevent support for and
operations of criminal organizations in their national territories. 
Member States shall, to the fullest possible extent, provide for
effective extradition or prosecution of those who engage in serious
transnational crimes in order that they find no safe haven.


                                   Article 4

     Mutual cooperation and assistance in matters concerning serious
transnational crime shall also include, as appropriate, the
strengthening of systems for the sharing of information among Member
States and the provision of bilateral and multilateral technical
assistance to Member States by utilizing training, exchange programmes
and law enforcement training academies and criminal justice institutes
at the international level.


                                   Article 5

     Member States that have not yet done so are urged to become
parties as soon as possible to the principal existing international
treaties relating to various aspects of the problem of international
terrorism.  States parties shall effectively implement their
provisions in order to fight against terrorist crimes.  Member States
shall also take measures to implement General Assembly resolution
49/60 of 9 December 1994 on measures to eliminate international
terrorism and its annex containing the Declaration on Measures to
Eliminate International Terrorism.


                                   Article 6

     Member States that have not yet done so are urged to become
parties to the international drug control conventions as soon as
possible.  States parties shall effectively implement the provisions
of the Single Convention on Narcotic Drugs of 1961, 9/ that
Convention as amended by the 1972 Protocol Amending the Single
Convention on Narcotic Drugs of 1961, 10/ the Convention on
Psychotropic Substances of 1971, 11/ and the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988. 12/  Member States specifically reaffirm that,
on the basis of shared responsibility, they shall take all necessary
preventive and enforcement measures to eliminate the illicit
production of, trafficking in and distribution and consumption of
narcotic drugs and psychotropic substances, including measures to
facilitate the fight against those criminals involved in this type of
transnational organized crime.


                                   Article 7

     Member States shall take measures within their national
jurisdictions to improve their ability to detect and interdict the
movement across borders of those who engage in serious transnational
crime, as well as the instrumentalities of such crime, and shall take
effective specific measures to protect their territorial boundaries,
such as:

     (a) Adopting effective controls on explosives and against illicit
trafficking by criminals in certain materials and their components
that are specifically designed for use in manufacturing nuclear,
biological or chemical weapons and, in order to lessen risks arising
from such trafficking, by becoming party to and fully implementing all
relevant international treaties relating to weapons of mass
destruction;

     (b) Strengthening supervision of passport issuance and
enhancement of protection against tampering and counterfeiting;

     (c) Strengthening enforcement of regulations on illicit
transnational trafficking in firearms, with a view to both suppressing
the use of firearms in criminal activities and reducing the likelihood
of fuelling deadly conflict;

     (d) Coordinating measures and exchanging information to combat
the organized criminal smuggling of persons across national borders.

                                   Article 8

     To combat further the transnational flow of the proceeds of crime,
Member States agree to adopt measures, as appropriate, to combat the
concealment or disguise of the true origin of proceeds of serious
transnational crime and the intentional conversion or transfer of such
proceeds for that purpose.  Member States agree to require adequate
record-keeping by financial and related institutions and, as
appropriate, the reporting of suspicious transactions, and to ensure
effective laws and procedures to permit the seizure and forfeiture of
the proceeds of serious transnational crime.  Member States recognize
the need to limit the application of bank secrecy laws, if any, with
respect to criminal operations, and to obtain the cooperation of the
financial institutions in detecting these and any other operations
which may be used for the purpose of money-laundering.


                                   Article 9

     Member States agree to take steps to strengthen the overall
professionalism of their criminal justice, law enforcement and victim
assistance systems, and relevant regulatory authorities, through
measures such as training, resource allocation and arrangements for
technical assistance with other States, and to promote the involvement
of all elements of their societies in combating and preventing serious
transnational crime.


                                  Article 10

     Member States agree to combat and prohibit corruption and bribery,
which undermine the legal foundations of civil society, by enforcing
applicable domestic laws against such activity.  For this purpose
Member States also agree to consider developing concerted measures for
international cooperation to curb corrupt practices, as well as
developing technical expertise to prevent and control corruption.


                                  Article 11

     Actions taken in furtherance of this Declaration shall fully
respect the national sovereignty and territorial jurisdiction of
Member States as well as the rights and obligations of Member States
under existing treaties and international law, and shall be consistent
with human rights and fundamental freedoms as recognized by the United
Nations.


                             DRAFT RESOLUTION III

              United Nations African Institute for the Prevention
                    of Crime and the Treatment of Offenders

     The General Assembly,

     Recalling its resolution 50/147 of 21 December 1995,

     Having considered the report of the Secretary-General, 13/

     1.  Commends the efforts of the United Nations African Institute
for the Prevention of Crime and the Treatment of Offenders to promote
and coordinate regional technical cooperation activities related to
crime prevention and criminal justice systems in Africa;

     2.  Reiterates the need for the strengthening of the Institute's
capacity to support a national mechanism for crime prevention and
criminal justice of African countries, in view of the contribution
that the Institute can make to the crime prevention and criminal
justice programme;

     3.  Requests the Secretary-General to intensify efforts and
mobilize all relevant entities of the United Nations system to provide
necessary financial and technical support to the Institute to enable
it to fulfil its mandate;

     4.  Also requests the Secretary-General to make concrete
proposals on strengthening the programmes and activities of the
Institute and to report thereon to the General Assembly at its fifty-
second session;

     5.  Further requests the Secretary-General to enhance regional
cooperation, coordination and collaboration on the fight against
crime, especially in its transnational dimensions, which could not be
adequately dealt with by national action alone;

     6.  Appeals to all Member States and non-governmental
organizations to adopt concrete practical measures to support the
Institute in the development of the requisite capacity and in the
elaboration and implementation of programmes and activities aimed at
strengthening crime prevention and criminal justice systems in Africa;

     7.  Urges the member States of the Institute to make every
possible effort to meet their obligations to the Institute.


                              DRAFT RESOLUTION IV

              Measures for prevention of the smuggling of aliens

     The General Assembly,

     Recalling its resolution 48/102 of 20 December 1993 in which,
inter alia, it condemns the practice of smuggling aliens and urges
States to take appropriate steps to frustrate the objectives and
activities of smugglers of aliens,

     Recalling also Economic and Social Council resolutions 1994/14 of
25 July 1994 and 1995/10 of 24 July 1995,

     Concerned at the increasing activities of criminals and criminal
organizations that profit illicitly by smuggling human beings, preying
on the dignity and lives of migrants and adding to the complexity of
the phenomenon of increasing international migration,

     Aware that such activities endanger the lives of those individuals
and impose severe costs on the international community, in particular
upon certain States that have been called upon to rescue and to
provide medical care, food, housing and transportation for those
individuals,

     Recognizing that international criminal groups often convince
individuals to migrate illegally by various means for enormous profits
and use the proceeds from smuggling human beings to finance other
criminal activities,

     Noting that smugglers, in particular in the State of destination
of alien smuggling, frequently force migrants into forms of debt,
bondage or servitude, often involving criminal activities, in order to
pay for their passage,

     Recognizing that socio-economic factors influence the problem of
the smuggling of aliens and also contribute to the complexity of
current international migration,

     Reaffirming respect for the sovereignty and territorial integrity
of all States, including their right to control their own borders,

     Recalling the undertaking of States parties to the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery, signed at Geneva on 7
September 1956, 14/ to take all practicable and necessary
legislative and other measures to bring about progressively and as
soon as possible the complete abolition or abandonment of the practice
of debt bondage,

     Convinced of the need to provide humane treatment and protect the
full human rights of migrants,

     Concerned that the smuggling of aliens undermines public
confidence in policies and procedures for immigration and for the
protection of refugees,

     Taking into account the efforts of the Office of the United
Nations High Commissioner for Refugees, the International Organization
for Migration, the International Civil Aviation Organization and the
International Maritime Organization in responding to the requests from
States for assistance in dealing with the smuggling of aliens,

     Emphasizing the importance of international cooperation and, in
particular, the need for States to cooperate urgently at the bilateral
and multilateral levels, as appropriate, to thwart these activities,

     1.  Condemns the practice of smuggling aliens in violation of
international and national law or other agreements between States and
without regard for the safety, well-being and human rights of the
migrants;

     2.  Commends those States which have cooperated to combat alien
smuggling and to respond to specific incidents in which smuggled
aliens have needed to be dealt with according to international
standards and the domestic laws and procedures of the States concerned
and returned safely to appropriate destinations;

     3.  Urges States to take appropriate steps to frustrate the
objectives and activities of smugglers of aliens and thus to protect
would-be migrants from exploitation and loss of life, inter alia, by
amending criminal laws, if necessary, to encompass the smuggling of
aliens and by establishing or improving procedures to permit the ready
discovery of false travel documents supplied by smugglers;

     4.  Requests States to cooperate in order to prevent the illegal
transport by smugglers of third-country nationals through their
territory;

     5.  Also requests States to cooperate bilaterally and on a
multilateral basis to prevent the use of fraudulent documents,
continuing to improve the requirements for registration of vessels and
to implement relevant international agreements;

     6.  Further requests States to cooperate in the interest of
safety of life at sea, to increase their efforts to prevent the
smuggling of aliens on ships, and to ensure, in accordance with their
national legislation, that prompt and effective action is taken
against the smuggling of aliens by sea;

     7.  Calls upon States to enhance bilateral and multilateral
cooperation in the fight against criminal organizations responsible
for the smuggling of aliens;

     8.  Calls upon Member States and relevant specialized agencies
and international organizations to take into account socio-economic
factors and to cooperate at the bilateral and multilateral levels in
addressing all aspects of the problem of smuggling of aliens;

     9.  Reaffirms the importance of existing international
conventions in preventing the economic exploitation and loss of life
that can result from alien smuggling, and calls upon all States to
exchange information and to consider ratifying or acceding to those
conventions if they have not done so and fully to implement and
enforce such conventions;

     10. Emphasizes that international efforts to prevent the
smuggling of aliens should not inhibit legal migration or freedom of
travel or undercut the protection provided by international law to
refugees;

     11. Reaffirms the need to observe fully international and
national law in dealing with the smuggling of aliens, including the
provision of humane treatment and strict observance of all human
rights of migrants;

     12. Requests the Commission on Crime Prevention and Criminal
Justice to consider giving attention to the question of the smuggling
of aliens at its sixth session, to be held in 1997, in order to
encourage international cooperation to address this problem within the
framework of its mandate;

     13. Requests the Secretary-General to transmit the text of the
present resolution to all Member States and to relevant specialized
agencies and intergovernmental organizations.


                              DRAFT RESOLUTION V

            Strengthening the United Nations Crime Prevention and 
            Criminal Justice Programme, particularly its technical
                             cooperation capacity

     The General Assembly,

     Recalling its resolution 46/152 of 18 December 1991 on the
creation of an effective United Nations crime prevention and criminal
justice programme, in which it approved the statement of principles
and programme of action annexed to the resolution,

     Bearing in mind the goals of the United Nations in the field of
crime prevention and criminal justice, specifically the reduction of
criminality, more efficient and effective law enforcement and
administration of justice, respect for human rights and promotion of
the highest standards of fairness, humanity and professional conduct,

     Convinced of the desirability of closer coordination and
cooperation among States in combating crime, including drug-related
crimes, such as terrorist crimes, illicit arms trade and money-
laundering, and bearing in mind the role that could be played by both
the United Nations and regional organizations in this respect,

     Recognizing the urgent need to increase technical cooperation
activities in order to assist countries, in particular developing
countries and countries in transition, with their efforts in
translating United Nations policy guidelines into practice,

     Recalling its relevant resolutions, in which it requested the
Secretary-General, as a matter of urgency, to provide the United
Nations Crime Prevention and Criminal Justice Programme with
sufficient resources for the full implementation of its mandates, in
conformity with the high priority attached to the Programme,

     1.  Takes note with appreciation of the report of the Secretary-
General 15/ on the progress made in the implementation of General
Assembly resolutions 50/145 and 50/146 of 21 December 1995;

     2.  Reaffirms the importance of the United Nations Crime
Prevention and Criminal Justice Programme and the crucial role it has
to play in promoting effective action to strengthen international
cooperation in crime prevention and criminal justice, in responding to
the needs of the international community in the face of both national
and transnational criminality and in assisting Member States in
achieving the goals of preventing crime within and among States and
improving the response to crime;

     3.  Also reaffirms the priority of the United Nations Crime
Prevention and Criminal Justice Programme, in accordance with the
relevant resolutions, and the need for an appropriate share of the
existing United Nations resources for the Programme;

     4.  Welcomes the upgrading of the Crime Prevention and Criminal
Justice Branch to a division, while noting the severe impact of the
budgetary cuts on its capacity to deliver the services required by
Member States;

     5.  Reaffirms its resolution 50/214 of 23 December 1995, and
requests the Secretary-General to ensure, in particular, the full
implementation of section III, paragraphs 29 and 30, of that
resolution;

     6.  Requests the Secretary-General to strengthen further the
United Nations Crime Prevention and Criminal Justice Programme by
providing it with the resources necessary for the full implementation
of its mandates, including follow-up action to the Naples Political
Declaration and Global Action Plan against Organized Transnational
Crime 16/ and to the Ninth United Nations Congress on the Prevention
of Crime and the Treatment of Offenders; 17/

     7.  Reaffirms the high priority attached to technical cooperation
and advisory services in the field of crime prevention and criminal
justice and stresses the need to continue to improve the operational
activities of the United Nations Crime Prevention and Criminal Justice
Programme, in particular in developing countries and countries in
transition, in order to meet the needs of Member States, at their
request, for support in crime prevention and criminal justice;

     8.  Calls upon States and United Nations funding agencies to make
significant financial contributions for operational activities of the
United Nations Crime Prevention and Criminal Justice Programme, and
encourages all States to make voluntary contributions for that purpose
to the United Nations Crime Prevention and Criminal Justice Trust
Fund, taking also into account the activities required for the
implementation of the Naples Political Declaration and Global Action
Plan against Organized Transnational Crime;

     9.  Calls upon the United Nations Development Programme, the
World Bank and other international, regional and national funding
agencies to support technical operational activities in this field and
to include such activities in their programmes, utilizing the
expertise of the United Nations Crime Prevention and Criminal Justice
Programme in such activities and cooperating closely on relevant
technical assistance projects and advisory missions;

     10. Takes note with appreciation of the contributions of the
United Nations Crime Prevention and Criminal Justice Programme to
United Nations peacekeeping and special missions, as well as its
contributions to the follow-up to those missions, inter alia, through
advisory services, and encourages the Secretary-General, as a way of
strengthening the rule of law, to recommend the inclusion of the re-
establishment and reform of criminal justice systems in peacekeeping
operations;

     11. Requests the Secretary-General to continue to strengthen
cooperation between the Crime Prevention and Criminal Justice Division
and the United Nations International Drug Control Programme, in
particular in the area of money-laundering;

     12. Also requests the Secretary-General to take all necessary
measures to assist the Commission on Crime Prevention and Criminal
Justice, as the principal policy-making body in this field, in
performing its activities, including cooperation and coordination with
other relevant bodies, such as the Commission on Narcotic Drugs, the
Commission on Human Rights and the Commission on the Status of Women;

     13. Calls upon the Commission on Crime Prevention and Criminal
Justice to give effect to its relevant resolutions on strategic
management of the United Nations Crime Prevention and Criminal Justice
Programme, in particular concerning reporting requirements, submission
of proposals and resources mobilization;

     14. Requests the Secretary-General to submit a report on the
implementation of the present resolution to the General Assembly at
its fifty-second session.


                                     -----


                                     Notes

1/   United Nations, Treaty Series, vol. 520, No. 7515.

2/   Ibid., vol. 976, No. 14152.

3/   Ibid., vol. 1019, No. 14956.

4/   Official Records of the United Nations Conference for the Adoption
of a Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, Vienna, 25 November-20 December 1988, vol. I
(United Nations publication, Sales No. E.94.XI.5).

5/   E/CN.15/1996/5.

6/   Resolution 50/6.

7/   Resolution 49/60.

8/   A/50/433.

9/   United Nations, Treaty Series, vol. 520, No. 7515.

10/  Ibid., vol. 976, No. 14152.

11/  Ibid., vol. 1019, No. 14956.

12/  Official Records of the United Nations Conference for the Adoption
of a Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, Vienna, 25 November-20 December 1988, vol. I
(United Nations publication, Sales No. E.94.XI.5).

13/  A/51/450.

14/  United Nations, Treaty Series, vol. 266, No. 3822.

15/  A/51/327.

16/  See A/49/748, annex, sect. I.A.

17/  A/CONF.169/16.

 

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