TENTH UNITED
NATIONS CONGRESS ON THE PREVENTION OF CRIME AND THE TREATMENT OF OFFENDERS
Press Kit
Fact Sheets No1
 |
Draft
United Nations Convention against
Transnational Organized Crime
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Over the past decade, transnational criminal groups have
built up huge global networks, which now make vast profits through a
wide range of illicit and threatening acts.
Criminal groups traffic in human beings,
particularly women and children, for economic slavery and prostitution.
They smuggle arms and ammunition, traffic in illegal drugs and nuclear
material, commit fraud on a global scale and launder huge sums of money.
They corrupt and bribe public officials, politicians and business leaders.
Agreeing that organized crime has become
too widespread for single Governments to fight, nations have joined
forces in proposing a powerful new treaty -the draft United Nations
Convention against Transnational Organized Crime, and its three draft
protocols against trafficking in illegal firearms, migrants and persons,
especially women and children.
The proposed treaty -currently being
drafted by a special committee established by the General Assembly -will
be a major item of discussion at the Tenth Crime Congress. The draft
treaty should be ready for adoption by the Millennium General Assembly
in the year 2000. (The convention and protocols summarized here are
still being negotiated and are therefore subject to change.)
Under the proposed treaty, Governments would:
- Criminalize offences committed by organized crime groups, including
corruption and corporate or company offences;
- Crack down on money-laundering and the proceeds of crime;
- Speed up and widen the reaches of extradition;
- Protect witnesses testifying against criminal groups;
- Tighten cooperation to seek out and prosecute suspects;
- Boost prevention of organized crime at the national and international
levels;
- Develop a series of protocols containing measures to combat specific
acts of transnational organized crime.
Criminalizing organized crime
The new treaty would seek to align national laws in criminalizing
acts committed by organized criminal groups. Under the convention, this
behaviour would include organizing, directing or aiding serious offences
committed by an organized criminal group. And it would include agreeing
with one or more other persons to commit a serious crime for financial
or other material gain.
The convention would also criminalize
acts of corruption, which in some countries have greatly aided the rapid
growth of organized crime. Corrupt acts would include bribing or offering
to bribe public officials to perform in a manner contrary to their official
duties. Likewise, public officials who solicited or accepted bribes
would be liable for corruption charges.
For the first time in an international
convention, companies and corporations would become liable for taking
part in or profiting from serious crimes involving an organized criminal
group as well for money-laundering activities. These business entities
would be punished appropriately and suffer substantial economic penalties.
Combating money-laundering
Organized transnational crime nets huge profits, which
are laundered through licit businesses or stashed in "safe" accounts.
Cutting off these funds or hindering their storage could cause major
damage to the running of entire criminal networks. Legal experts are
still debating the most effective measures to thwart money-laundering,
but the convention could oblige nations to:
- Set up machinery to regulate financial institutions as well as
to license and examine them;
- Lift bank secrecy to prevent and investigate money-laundering;
- Outlaw anonymous bank accounts or accounts in false names;
- Set up financial intelligence units to collect, analyse and disseminate
information about potential money-laundering and other financial
crimes.
Under the convention, Governments would also separate organized criminal
groups from their ill-gotten funds by confiscating the proceeds of crime
or property of the same value and by identifying, freezing and seizing
assets. They would also empower courts or other authorities to order
that bank, financial or commercial records or property are made available
or seized.
Extraditing criminals
To keep criminal suspects from fleeing prosecution in
one country to reach freedom in another, the convention would aim to
tighten up extradition proceedings. Nations would be asked to:
- Recognize crimes covered by the convention as extraditable, when
no extradition treaty exists with the nation where the suspect is
located;
- Speed up extradition procedures;
- Conclude bilateral and multilateral agreements to make extradition
more effective.
Cooperating to seek and prosecute offenders
To tighten the net around organized criminal suspects
who may have fled to foreign soil, signatories to the treaty would agree
to cooperate by legally assisting one another, collecting evidence and
exchanging pertinent information.
Legal assistance could include:
- Carrying out searches and seizures;
- Providing originals or certified copies of relevant documents
and records, including bank, financial, corporate or business records;
- Permitting testimony or other assistance to be given via video
link or other modern means of communications;
- Granting witnesses safe conduct when testifying in a second country;
- Granting immunity from prosecution or giving reduced penalties
to people who cooperate substantially with law enforcers investigating
an offence and entering into like arrangements with witnesses from
one nation whose testimony is needed in another.
Nations would also ensure a rapid information flow
between authorities, agencies and services as well as promote the exchange
of personnel and other experts. In some cases, nations would set up
joint teams to carry out investigations.
Updating skills
Governments would be urged to develop training programmes
for law enforcers, including prosecutors, magistrates and customs personnel,
to cover:
- Trafficking routes and techniques used by organized criminal groups;
- Monitoring the flow of contraband;
- Methods to combat money-laundering and other financial crimes;
- Modern law enforcement equipment and techniques, including electronic
surveillance, controlled deliveries (allowing an illegal transaction
to proceed in order to trap criminals) and undercover operations;
- Methods used to combat crime committed through computers, telecommunications
networks or other forms of modern technology.
Keeping witnesses safe
Witnesses may hold evidence crucial for criminal convictions,
but the clout wielded by organized crime often frightens them away from
criminal proceedings. To encourage witnesses and keep them safe from
possible retaliation, nations would adopt measures to:
- Keep witnesses physically safe, which may mean relocating them
or keeping their identity and whereabouts secret;
- Ensure that testimonies are safe by using communications technology
or other methods;
- Allow victims' views to be presented and help them claim restitution
from offenders.
Preventing Organized Crime
Keeping criminal groups out of legal businesses and markets
is a key strategy for preventing organized crime. Under the convention,
Governments would be urged to:
- Tighten cooperation between law enforcers and private entities,
including industry;
- Promote codes of conduct for relevant professions, in particular
lawyers, notaries public, tax consultants and accountants;
- Prevent organized crime groups from manipulating bidding procedures
for public contracts as well as public subsidies and licences for
commercial activity.
Under the convention, nations would seek to stop organized crime from
misusing companies or corporations by:
- Setting up public records on companies or corporations as well
as persons involved in their establishment, management and funding;
- Using court orders or other means to keep people convicted of
organized criminal activities -for a reasonable period of time C
from acting as directors of companies or corporations;
- Setting up national registers of people disqualified as directors
of companies or corporations.
At the international level, countries would seek
to prevent organized crime by exchanging information on trends in transnational
organized crime and on best practices to prevent it. They would also
take part in international projects aimed at preventing transnational
organized crime.
Making the treaty work
Conference of the Parties to the Convention has been
set up to assist Governments in combating transnational organized crime
and also to promote and monitor implementation of the treaty. To this
end, the Conference will meet not later than one year after the treaty
has gone into force to agree on various measures, which could include:
- Boosting the exchange of information among nations on patterns
and trends in transnational organized crime;
- Cooperating with relevant international and non-governmental
organizations;
- Checking periodically on how well countries are implementing
the treaty;
- Making recommendations to improve the treaty and how it is implemented.
Draft protocols against trafficking
in women and children, migrants and firearms
General crime-fighting measures in the Convention against
Transnational Organized Crime will be supplemented by a series of protocols
targeting specific types of crime. Nations are currently finalizing
three such protocols, which aim to combat the smuggling of migrants,
the trafficking and exploitation of other persons, particularly women
and children, and the illicit manufacture and traffic in firearms.
Other protocols may be considered in future. The General
Assembly has called on nations to examine the illicit manufacture and
traffic in explosives, for example, and to consider developing a further
instrument to control this menace.
The draft protocols will be key items of discussion
at the upcoming Tenth Crime Congress in Vienna.
Draft protocol against trafficking
in women and children
As trafficking in persons, especially women and children
for forced labour or "sex slavery", becomes increasingly linked to transnational
organized crime, Governments have decided that a separate legal instrument
-a Protocol against Trafficking in Persons, especially Women and Children-
is needed to fight it.
The draft protocol would:
- Unite nations in adopting measures to prevent trafficking
in persons, especially women and children, as well as to hunt down
and punish international traffickers;
- Boost cooperation among nations to combat trafficking more
effectively;
- Protect trafficking victims and help them return safely to
their own or a third country;
- Inform the public about trafficking and its negative consequences
C for both traffickers and victims.
Passing new laws
To tighten the net around traffickers, parties to the
proposed protocol would pass new laws at the national level to criminalize
trafficking in persons, especially women and children, as well as others,
to ensure that offenders are punished.
Governments would also adopt new measures
to expose traffickers and victims, such as tightening borders through
stricter identity checks, as well as inspecting and seizing vehicles.
Sharing information
To boost links between law enforcers in countries of trafficking
origin, transit and destination, nations would agree through the draft
protocol to exchange information they have gleaned about offenders,
including:
- Whether individuals crossing international borders with false
papers or no documents are traffickers or victims;
- The methods used by criminal groups to transport trafficking
victims under false identities;
- Other trafficking techniques, including recruitment practices,
trafficking routes and links between as well as among individuals
and trafficking groups.
Protecting the victims
While the draft protocol would crack down on traffickers,
it also stresses that trafficking victims should be better protected
than in the past. The draft protocol would oblige nations to:
- Consider immigration laws permitting victims of trafficking to
remain on their territory, temporarily or permanently;
- Give housing, education and care to child victims in governmental
custody;
- Accept and aid, without delay, the return of trafficking victims
who are nationals or residents of that nation;
- Inform victims about relevant court and other proceedings against
offenders and ensure victims' privacy;
- Enable victims to seek compensation for damages, including fines,
penalties or forfeited proceeds as well as restitution from offenders.
Informing the public
The draft protocol emphasizes that Governments should
seek to prevent trafficking, in addition to hunting down and punishing
traffickers. It would urge them to adopt social policies and programmes
to prevent trafficking and the revictimization of trafficked persons,
especially women and children.
Nations would also stage information campaigns about trafficking in
persons, especially women and children, to warn potential victims and
discourage budding traffickers. These campaigns would focus on:
- Information about potential victims;
- The causes and consequences of trafficking;
- The penalties for trafficking as well as the risks C to life
and health C faced by the victims.
Draft protocol against the smuggling of migrants
Migrating in search of a better life is an accepted
practice and not a problem of transnational organized crime. In recent
years, however, transnational organized crime groups have developed
highly sophisticated networks to smuggle migrants, exploiting human
misery and making sizeable criminal profits in the process.
The draft Protocol against the Smuggling
of Migrants by Land, Air and Sea aims to criminalize the smuggling of
migrants and those who practise it, while recognizing that migration
itself is not a crime and that migrants are often victims needing protection.
Under the draft protocol, Governments would:
- Make migrant smuggling a criminal offence under national laws;
- Adopt special measures to crack down on migrant smuggling
by sea;
- Boost international cooperation to prevent migrant smuggling
and to seek out and prosecute offenders.
Criminalizing the smuggling of migrants
To eliminate safe havens for smugglers of migrants
and speed up prosecution of these offenders, the proposed protocol would
oblige nations to adopt laws making the practice a criminal offence.
Although nations are still finalizing specific acts to be considered
"criminal", these could include:
- Making, procuring or providing fraudulent travel or identity
papers;
- Using, possessing or acting on fraudulent papers to smuggle
migrants;
- Organizing, directing others or acting as an accomplice to
use, possess or act on fraudulent papers.
Cracking down on smuggling by sea
Smuggling by sea may be particularly unsafe for migrants
and could place authorities in tricky situations, where they must respect
international laws. The proposed protocol would oblige governments to
adopt new laws that would prevent or act on smuggling by sea, which
would include:
- When requested, helping to stop a vessel of the requesting
nation's nationality which is suspected of being used for migrant
smuggling;
- Confirming registry of a vessel of one's own nationality that
is strongly suspected to be smuggling migrants and then authorizing
appropriate measures, such as boarding and inspecting the vessel;
- Ensuring that persons on board a vessel that is smuggling
migrants are safely and humanely treated and that necessary actions
taken towards the vessel are environmentally sound;
- Using aircraft or other ships and aircraft which are clearly
marked as being on government service to take actions at
sea in cases of migrant smuggling.
Cooperating to prevent and detect smuggling
Under the proposed protocol, Governments would work
together both to prevent and to detect migrant smuggling. They would
carry out information programmes to tell the public that migrant smuggling
is an illegal act frequently used by criminal groups for profit, one
that can place migrants in serious danger.
They would also exchange information about:
- Where smuggled migrants might embark or arrive, as well as
routes, carriers and means of transportation that criminal organizations
use (or are suspected to use) for migrant smuggling;
- The identity and methods of criminal groups known or suspected
to be smuggling migrants;
- Methods of concealing or transporting migrants, as well as
ways of illegally altering, copying and acquiring travel or identity
papers used to smuggle them;
Under the proposed protocol, countries would also agree to tighten
their border controls. They would be particularly vigilant about checking
persons and travel or identity documents, as well as inspecting or seizing
vehicles and vessels.
Learning new skills
The draft protocol would oblige nations to give immigration
and other officials special training in how to treat migrants and stay
a step ahead of smugglers. The training would be aimed at:
- Detecting fraudulent travel or identity documents;
- Gathering criminal intelligence, especially to identify criminal
groups known or suspected to be smuggling migrants as well as their
smuggling methods, the misuse of travel or identity documents and
ways of concealing migrants;
- Improving ways of searching for and finding, at conventional
and no-conventional points of entry and exit, concealed or improperly
documented persons;
- Treating migrants humanely and upholding their human rights.
Returning smuggled migrants
Under the proposed protocol, Governments would aid
and accept, without delay, the return of smuggled migrants who are nationals
of their territories or previously had the right to reside there. They
would also verify whether a smuggled person is a national of their territory
and issue travel documents needed for that person to return.
Draft protocol against illegal firearms
Over the past few decades, the illegal firearms trade
has become increasingly linked to such crimes as drug trafficking, terrorism,
transnational organized crime and various mercenary activities. The
proposed Protocol against the Manufacturing of and Trafficking in Illicit
Firearms, Ammunition and Related Materials would join nations together
in more effectively combating this problem.
Under the proposed protocol, nations would:
- Pass new laws aimed at eradicating the illegal manufacturing
of firearms, tracking down existing illicit weapons and prosecuting
offenders;
- Cooperate to prevent, combat and eradicate the illegal manufacturing
and trafficking of firearms;
- Tighten controls on the export and import of firearms;
- Exchange information about illicit firearms.
Hunting down firearms and offenders
To speed up the hunt for illegal firearms
and crack down on the manufacturers as well as traffickers of
these weapons, countries could be obliged to pass new laws under the
draft protocol which would:
- Criminalize the manufacturing and trafficking of illegal firearms;
- Confiscate firearms that have been illegally manufactured
or trafficked;
- Hold information for ten years that is needed to trace and
identify illicitly manufactured and trafficked firearms, including
the manufacturer's markings, country and date of issuance, date
of expiry and countries of export or import;
- Register and approve brokers for the manufacture, export,
import or transfer of firearms;
- Mark each firearm, when manufactured, with a serial number
as well as the manufacturer's name and location;
- Mark confiscated firearms kept for official use.
Controlling the flow of firearms
Import/export controls on transporting
firearms from one country to another vary considerably. At some borders,
traffickers can slip illegal weapons through with little risk of detection.
Nations are still debating controls that they would be obliged to adopt
under the protocol, but these could include:
- Setting up an effective system for the export, import and
international transit licensing of firearms;
- Confirming that firearms are licensed or authorized by importing
countries before granting export licences;
- Refusing to allow the transit, re-export, retransfer or trans-shipment
of firearms to any destination without written approval from the
exporting country and licences from receiving nations;
- Strengthening controls at export points for firearms.
Cooperating to track down traffickers and firearms
Under the protocol, Governments
would agree to cooperate at the bilateral, regional and international
levels to prevent, combat and eradicate the illegal manufacture and
trafficking of firearms. Such cooperation would include:
- Appointing a contact body to act as liaison with other nations;
- Seeking cooperation from manufacturers, dealers, importers,
exporters and commercial carriers of firearms;
- Setting up programmes to assist officials from different nations
with training and technology, which would include identifying and
tracing firearms, gathering intelligence and boosting the skills
of border control personnel.
To expand their knowledge about firearms and trafficking,
nations would exchange information about:
- Authorized producers, dealers, importers, exporters and carriers
of firearms;
- Ways of concealing the illegal manufacturing and trafficking
of firearms and how to detect them;
- Routes used by criminal groups trafficking in firearms;
- Techniques, practices and laws to combat the money-laundering
of proceeds from illegal firearms;
- Tracing illicit firearms.
Published by the United Nations Department
of Public Information
DPI/2088/D March 2000
