E/1999/30
E/CN.15/1999/12

Commission on Crime Prevention and Criminal Justice
Report on the eighth session
(27April-6 May 1999)
  Economic and Social Council Official Records, 1999 Supplement No. 10 United Nations ·New York, 1999

Note

Contents

Chapter I

1. The Commission on Crime Prevention and Criminal Justice recommends to the Economic and Social Council the approval of the following draft resolutions for adoption by the General Assembly:
 
 

DRAFT RESOLUTION I

The Economic and Social Council recommends to the General Assembly the adoption of the following draft resolution:

The General Assembly,

Recalling its resolutions 52/91 of 12 December 1997 and 53/110 of 9 December 1998 on preparations for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,

Recalling also Economic and Social Council resolution 1993/32 of 27 July 1993 and the rules of procedure for United Nations congresses on the prevention of crime and the treatment of offenders,

Emphasizing the role of the Tenth Congress as a consultative body of the United Nations Crime Prevention and Criminal Justice Programme, in accordance with paragraph 29 of the statement of principles and programme of action of the Programme, annexed to General Assembly resolution 46/152 of 18 December 1991,

Welcoming the recommendations made by the Commission on Crime Prevention and Criminal Justice at its seventh¹ and eighth sessions on the organizational and substantive preparations for the Tenth Congress,

Stressing the importance of undertaking all the preparatory activities for the Tenth Congress in a timely and concerted manner,

1. Takes note of the report of the Secretary-General on progress made in the preparations for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders;²

2. Also takes note of the reports of the four regional preparatory meetings for the Tenth Congress,³ and invites Member States and other entities involved to take into account the conclusions and recommendations contained in those reports;

3. Reiterates its request to the Secretary-General to ensure, in collaboration with Member States, a wide and effective programme of public information related to the preparations for the Tenth Congress, to the Congress itself and to the follow-up to and implementation of its conclusions;

4. Requests the Secretary-General to assist least developed countries and consider ways to assist developing countries in need to participate in the Tenth Congress by providing the necessary resources for the travel and per diem of delegations from least developed countries, within available resources, and by exploring the possibility of obtaining contributions for that purpose from governmental, intergovernmental and relevant non-governmental organizations and donors;

5. Calls upon the specialized agencies and other relevant United Nations bodies, institutes and other intergovernmental and non-governmental organizations to participate effectively in the Tenth Congress and to contribute to the formulation of regional and international measures aimed at preventing crime and ensuring justice;

6. Requests the Secretary-General to ensure that the substantive and organizational arrangements for the Tenth Congress are adequate in relation to its expected outcome and to provide the required resources for that purpose in the proposed programme budget for the biennium 2000-2001;

7. Approves the draft programme of work and documentation for the Tenth Congress, as proposed by the Secretary-General in his report on progress made in the preparations for the Congress,⁴ taking into account the recommendations of the Commission on Crime Prevention and Criminal Justice related thereto;

8. Decides that the high-level segment of the Tenth Congress shall be held on 14 and 15 April 2000 to allow heads of State or Government or government ministers to focus on the main theme of the Congress;

9. Encourages States, other entities concerned and the Secretary-General to work together in order to ensure that the four workshops to be held during the Tenth Congress focus clearly on the respective issues and achieve practical results, and invites interested Governments to follow up with concrete technical cooperation projects or activities;

10. Invites donor countries to cooperate with developing countries to ensure their full participation in the workshops;

11. Encourages Governments to make preparations for the Tenth Congress at an early stage and by all necessary means, including, where appropriate, by establishing national preparatory committees, with a view to contributing to a focused and productive discussion of the topics and to participating actively in the organization of and follow-up to the workshops, the submission of national position papers on different agenda items and the encouragement of contributions from the academic community and relevant scientific institutions;

12. Reiterates its invitation to Member States to be represented at the Tenth Congress at a high political level, for example, by heads of State or Government, government ministers or attorneys-general;

13. Requests the Secretary-General to invite prominent personalities with acknowledged expertise in the topics of the Tenth Congress, on the basis of equitable geographical distribution, to participate in panels under each topic of the Congress at the expense of the United Nations with a view to ensuring a more focused discussion and action-oriented conclusions;

14. Decides that the Tenth Congress should, within the framework of the draft provisional agenda approved by the General Assembly in its resolution 53/110 of 9 December 1999, devote particular attention to ways and means of making operational the provisions of the United Nations convention against transnational organized crime, especially taking into account the needs of developing countries in the area of capacity-building;

15. Requests the Tenth Congress to submit, through the Commission on Crime Prevention and Criminal Justice and the Economic and Social Council, its declaration to the Millennium Assembly for consideration and action;

16. Requests the Commission on Crime Prevention and Criminal Justice to give priority attention at its ninth session to the conclusions and recommendations of the Tenth Congress, with a view to recommending, through the Economic and Social Council, appropriate follow-up by the General Assembly at its fifty-fifth session;

17. Requests the Secretary-General to appoint a Secretary-General and an Executive Secretary of the Tenth Congress, in accordance with past practice, to perform their functions under the rules of procedure for United Nations congresses on the prevention of crime and the treatment of offenders;

18. Decides to consider this subject at its fifty-fifth session.
 
 

DRAFT RESOLUTION II
 
 

Draft United Nations Convention against Transnational Organized Crime and the draft protocols thereto^*

The Economic and Social Council recommends to the General Assembly the adoption of the following draft resolution:

The General Assembly,

Recalling its resolution 49/159 of 23 December 1994, by which it approved the Political Declaration and Global Action Plan against Organized Transnational Crime, adopted by the World Ministerial Conference on Organized Transnational Crime, held in Naples, Italy, from 21 to 23 November 1994,

Recalling also its resolution 52/85 of 12 December 1997, by which it decided to establish an inter-sessional open-ended intergovernmental group of experts for the purpose of elaborating a preliminary draft of a possible comprehensive international convention against organized transnational crime, which met in Warsaw from 2 to 6 February 1998,

Taking note of the Buenos Aires Declaration on Prevention and Control of Organized Transnational Crime, adopted by the Regional Ministerial Workshop on Follow-up to the Naples Political Declaration and Global Action Plan against Organized Transnational Crime, held in Buenos Aires from 27 to 30 November 1995,⁵ the Dakar Declaration on the Prevention and Control of Organized Transnational Crime and Corruption, adopted by the African Regional Ministerial Workshop on Organized Transnational Crime and Corruption, held in Dakar from 21 to 23 July 1997,⁶ and the Manila Declaration on the Prevention and Control of Transnational Crime, adopted by the Asian Regional Ministerial Workshop on Organized Transnational Crime and Corruption, held in Manila from 23 to 25 March 1998,⁷

Recalling its resolution 53/111 of 9 December 1998, by which it decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration, as appropriate, of international instruments addressing trafficking in women and children, combating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, and illegal trafficking in and transporting of migrants, including by sea,

Convinced of the need to ensure the rapid development and conclusion of the Convention and the protocols thereto,

Recalling the report of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime on its second session, held in Vienna from 8 to 12 March 1999,⁸

1. Takes note of the report of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime submitted to the Commission on Crime Prevention and Criminal Justice at its eighth session,⁹ and expresses its appreciation of the results achieved by the Ad Hoc Committee during its first, second and third sessions, held in Vienna from 19 to 29 January, from 8 to 12 March and from 28 April to 3 May 1999, respectively, in the development of the draft United Nations Convention against Transnational Organized Crime and the draft protocols thereto, addressing trafficking in women and children, combating illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, and illegal trafficking in and transporting of migrants;

2. Expresses its appreciation to the Government of Argentina for acting as host to the informal preparatory meeting of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, held in Buenos Aires from 31 August to 4 September 1998;

3. Decides that the additional international instrument being prepared by the Ad Hoc Committee addressing trafficking in women and children should address trafficking in all persons, but especially women and children, and requests the Ad Hoc Committee to make any corresponding changes to the draft instrument;

4. Requests the Ad Hoc Committee to continue its work, in accordance with resolutions 53/111 and 53/114 of 9 December 1998, and to intensify its work in order to complete it in the year 2000;

5. Decides that the Ad Hoc Committee shall be convened in the year 2000 as required in order to complete its tasks, holding no fewer than four sessions of two weeks each, according to a schedule to be drawn up;

6. Requests the Ad Hoc Committee to schedule sufficient time, subject to the availability of funds from the regular budget or extrabudgetary resources, for the negotiation of the draft protocols addressing trafficking in persons, especially women and children, the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, and illegal trafficking in and transportation of migrants, including by sea, in order to enhance the possibility of their completion at the same time as the draft Convention;

7. Welcomes the offer of the International Institute of Higher Studies in Criminal Sciences to host informal meetings as deemed appropriate to assist the work of the Ad Hoc Committee;

8. Encourages Member States to convene informal regional or interregional meetings to assist the work of the Ad Hoc Committee;

9. Welcomes the offer of the Government of Japan to host an international seminar on illicit manufacturing of and trafficking in firearms;

10. Decides to convene a conference of plenipotentiaries in the year 2000 with the objective of finalizing and adopting the Convention and the protocols thereto and to opening the Convention and the protocols for signature at the Millennium Assembly;

11. Notes with appreciation the offer by the Government of Italy to host the conference of plenipotentiaries in Palermo, Italy;

12. Requests the Secretary-General to provide the Ad Hoc Committee and the conference of plenipotentiaries with the required facilities and resources to support their work;

13. Invites donor countries to cooperate with developing countries in order to ensure their full participation in the ongoing negotiating process and in the implementation of the Convention through appropriate means of technical assistance;

14. Requests the Secretary-General to continue to provide to Member States, upon request, technical cooperation, advisory services and other forms of assistance in the field of crime prevention and criminal justice, including in the area of prevention and control of transnational organized crime;

15. Requests the Ad Hoc Committee to submit a report to the Commission on Crime Prevention and Criminal Justice at its ninth session on the progress achieved in its work.
 

DRAFT RESOLUTION III

Activities of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime: illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, as well as consideration of the need to develop an instrument on the illicit manufacturing of and trafficking in explosives^*

The Economic and Social Council recommends to the General Assembly the adoption of the following draft resolution:

The General Assembly,

Recalling its resolution 53/111 of 9 December 1998 on transnational organized crime,

Recalling also Economic and Social Council resolutions 1998/17 of 28 July 1998, on the regulation of explosives for the purpose of crime prevention and public health and safety, and 1998/18, also of 28 July 1998, on measures to regulate firearms for the purpose of combating illicit trafficking in firearms,

Taking into account the work of the Panel of Governmental Experts on Small Arms, established pursuant to General Assembly resolution 50/70 B of 12 December 1995,

Recognizing the need for effective coordination between the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime and the different United Nations bodies involved in the field of small arms,

Taking note of the United Nations International Study on Firearm Regulation¹⁰ and of the note by the Secretary-General on illicit manufacturing of and trafficking in explosives by criminals and the abuse and misuse of explosives for criminal purposes,¹¹

Concerned by the increase, at the international level, in the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and by the seriousness of the problems arising from them, as well as by their links with transnational organized crime,

Aware of the urgent need to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition,

Aware also that the illicit manufacturing of, trafficking in and criminal misuse of explosives have a harmful effect on the security of States and endanger the well-being of peoples and their social and economic development,

Deeply concerned that effective action against transnational organized crime is hampered by the easy access that criminals have to explosives,

Convinced that combating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, as well as combating the illicit manufacture of and trafficking in explosives, requires international cooperation, the exchange of information and other appropriate measures at the national, regional and global levels,

Aware of the importance of bilateral and multilateral instruments and arrangements in the furtherance of international cooperation in the matter, including guidelines and model regulations,

Underlining the need for all States, especially those States which produce, export or import arms, to take the necessary measures to prevent, curb, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, as well as explosives,

Reaffirming the principles of sovereignty, non-intervention and the sovereign equality of all States and the rights and obligations enshrined in the Charter of the United Nations,

1. Welcomes the work of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, and encourages it to continue the negotiation of an international legal instrument dealing with the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition;

2. Recommends that, in negotiating the international legal instrument, the Ad Hoc Committee take into account, when appropriate and pertinent, the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials, as well as other existing international instruments and ongoing initiatives;

3. Calls upon States to consider the adoption of such legislative or other measures as may be necessary to establish as criminal offences under their domestic law the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, as well as explosives;

4. Encourages States to consider forms to enhance cooperation and the exchange of data and other information with a view to preventing, curbing, combating and eradicating the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, as well as explosives;

5. Requests the Secretary-General, within existing or extrabudgetary resources, to convene an expert group with no more than twenty members with equitable geographical representation to prepare a study on the illicit manufacturing of and trafficking in explosives by criminals and their use for criminal purposes, taking fully into consideration the issues listed in paragraph 2 of Economic and Social Council resolution 1998/17;

6. Also requests the Secretary-General to facilitate the participation of experts from developing countries in the meeting of the expert group by providing, from within existing or extrabudgetary resources, for the travel of experts from such countries;

7. Invites Member States to make voluntary contributions in order to support the study to be prepared by the expert group and to ensure the participation of experts from developing countries;

8. Requests the Secretary-General to report, as early as possible, to the Commission on Crime Prevention and Criminal Justice on the results of the study, and directs the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, following the completion of the study, to consider the possible elaboration of an international instrument on the illicit manufacturing of and trafficking in explosives.
 
 

DRAFT RESOLUTION IV
 
 

Action against corruption^*

The Economic and Social Council recommends to the General Assembly the adoption of the following draft resolution:

The General Assembly,

Noting the corrosive effect that corruption has on democracy, development, the rule of law and economic activity,

Recognizing that corruption is a primary tool of organized crime in its efforts, often conducted on an international basis, to subvert Governments and legitimate commerce,

Drawing attention to the increasing number of regional conventions and other regional instruments recently developed to fight corruption, including the Organisation for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris on 17 December 1997, the Inter-American Convention against Corruption, adopted by the Organization of American States on 29 March 1996,¹² the Principles to Combat Corruption in African Countries of the Global Coalition for Africa, the Council of Europe Criminal Law Convention on Corruption and Agreement Establishing the Group of States against Corruption, the conventions and related protocols on corruption of the European Union and recommendation 32 of the Senior Experts Group on Transnational Organized Crime, endorsed by the Group of Eight in Lyon, France, in June 1996, as well as to best practices, such as those compiled by the Financial Action Task Force on Money Laundering, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions,

Commending the efforts in the United Nations to address corruption concerns in a global forum, including the United Nations Declaration against Corruption and Bribery in International Commercial Transactions¹³ and the International Code of Conduct for Public Officials,¹⁴ the ongoing development of a comprehensive international convention against transnational organized crime and protocols thereto by the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime, established pursuant to General Assembly resolution 53/111 of 9 December 1998, and the manual prepared by the Secretariat on practical measures against corruption,

Noting the Expert Group Meeting on Corruption and Its Financial Channels, held in Paris from 30 March to 1 April 1999, pursuant to Economic and Social Council resolution 1998/16 of 28 July 1998,

Noting also the Global Forum on Fighting Corruption, held in Washington, D.C., from 24 to 26 February 1999 at the invitation of the United States Vice President, at which participants from ninety governments called upon their governments to cooperate in regional and global bodies to adopt effective anti- corruption principles and practices¹⁵ and to create ways to assist each other through mutual evaluation,

1. Takes note with appreciation of and subscribes to the conclusions and recommendations of the Expert Group Meeting on Corruption and Its Financial Channels, held in Paris from 30 March to 1 April 1999, which are contained in the report of the Expert Group Meeting;¹⁶

2. Also takes note with appreciation of the Declaration made by the first Global Forum on Fighting Corruption, held in Washington, D.C., from 24 to 26 February 1999,¹⁷ and notes that the second Global Forum on Fighting Corruption is to be held in the Netherlands in the year 2000 as follow-up to the first Global Forum on Fighting Corruption;

3. Invites Member States to examine, at the national level, as appropriate, taking into account the above referenced documents, the adequacy of their domestic legal regimes in terms of guarding against corruption and providing for forfeiture of the proceeds of corruption, drawing upon international assistance available for that purpose, with a view to, where necessary:

(a) Strengthening national laws and regulations in order to criminalize corruption in all its forms, amending provisions against money-laundering so that they cover bribes and the proceeds of corruption, as well as provisions concerning the prevention and detection of acts of corruption and money-laundering;

(b) Improving the transparency, vigilance and monitoring of financial transactions and limiting bank and professional secrecy in cases involving criminal investigation;

(c) Promoting both inter-agency coordination and international administrative and judicial cooperation in matters involving corruption;

(d) Enacting legislation and establishing programmes promoting the full involvement of civil society in efforts to fight corruption;

(e) In accordance with relevant international instruments and domestic legislation, providing for the possibility of providing extradition and mutual assistance in cases involving corruption or money-laundering;

4. Stresses the need to develop a global strategy to strengthen international cooperation aimed at the prevention and punishment of corruption, including the links of corruption with organized crime and money-laundering, by:

(a) Encouraging Member States to become parties to, and to implement the terms of, relevant international conventions and other instruments aimed at fighting corruption;

(b) Inviting Member States to participate in conferences and other forums for the advancement of international efforts against corruption;

(c) Also inviting Member States to explore the possibilities of developing a global system for peer review regarding the adequacy of practices aimed at combating corruption;

5. Directs the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime to incorporate into the draft Convention measures against corruption linked to organized crime, including provisions regarding the sanctioning of acts of corruption involving public officials;

6. Requests the Ad Hoc Committee, using such time as its schedule permits and with extrabudgetary resources provided for that purpose, to explore the desirability of an international instrument against corruption, either ancillary to or independent of the Convention, to be developed after the finalization of the Convention, and the three additional instruments referred to in General Assembly resolution 53/111 and to present its views to the Commission on Crime Prevention and Criminal Justice;

7. Invites Member States to keep the Office for Drug Control and Crime Prevention of the Secretariat informed of progress made in the implementation of the recommendations of the Expert Group Meeting on Corruption and Its Financial Channels;

8. Requests the Office for Drug Control and Crime Prevention:

(a) To ensure that the ongoing revision of the manual prepared by the Secretariat on practical measures against corruption incorporates the recommendations of the Expert Group Meeting on Corruption and Its Financial Channels and takes note of the conclusions of the first Global Forum on Fighting Corruption;

(b) To continue to develop, in consultation with Member States, an effective global programme for providing technical assistance to fight corruption;

(c) To explore ways to convince underregulated financial centres to adopt rules enabling them to trace and take action against the proceeds of organized crime and corruption, to participate actively in international cooperation aimed at preventing and controlling related forms of financial crime and, if necessary, to consider measures to protect the international financial system from the underregulated financial centres and of mechanisms for the establishment of such minimum rules;

(d) To report to the Commission on Crime Prevention and Criminal Justice no later than at its tenth session on the progress made in the implementation of the present resolution and the steps taken by Member States to combat corruption and its proceeds;

9. Requests the Secretary-General to undertake, within existing or extrabudgetary resources, technical cooperation activities to combat corruption, in consultation with Member States that may be able to provide assistance.
 
 
 
 

2. The Commission on Crime Prevention and Criminal Justice recommends to the Economic and Social Council the adoption of the following draft resolutions:
 

DRAFT RESOLUTION I
 
 

Work of the United Nations Crime Prevention

and Criminal Justice Programme^*

The Economic and Social Council,

Recalling General Assembly resolution 53/114 of 9 December 1998 on strengthening the United Nations Crime Prevention and Criminal Justice Programme, in particular its technical cooperation capacity,

Recalling also the statement of principles and programme of action of the United Nations Crime Prevention and Criminal Justice Programme, annexed to General Assembly resolution 46/152 of 18 December 1991, in which it is stated that the Commission on Crime Prevention and Criminal Justice should have certain functions, including facilitating and helping to coordinate the activities of the United Nations interregional and regional institutes for the prevention of crime and the treatment of offenders, and that, given the important role of the institutes, their contributions to policy development and implementation and their resource requirements should be fully integrated into the overall United Nations Crime Prevention and Criminal Justice Programme,

Recalling further General Assembly resolution 48/103 of 20 December 1993, in which the Assembly, inter alia, requested the Secretary-General to provide from existing resources adequate funds to build and maintain the institutional capacity of the United Nations Crime Prevention and Criminal Justice Programme to respond to requests from Member States for assistance in the field of crime prevention and criminal justice, if necessary through the reallocation of resources,

Recalling its resolution 1992/22 of 30 July 1992,

Recalling also its agreed conclusions 1997/2, on mainstreaming a gender perspective into all policies and programmes of the United Nations system, adopted at the coordination segment of its substantive session of 1997, and the need to maintain a balance between the different priority issues within the United Nations Crime Prevention and Criminal Justice Programme,

1. Notes the new structure of the United Nations Crime Prevention and Criminal Justice Programme as laid out in the Secretary-General’s Bulletin on the Organization of the Office for Drug Control and Crime Prevention of the Secretariat;¹⁸

2. Takes note of the report of the Executive Director on the work of the Centre for International Crime Prevention¹⁹ and the report of the Secretary-General on the activities of the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network;²⁰

3. Welcomes Commission on Crime Prevention and Criminal Justice resolution 7/1, in section I of which the Commission decided to mainstream a gender perspective into all its activities and requested the Secretariat to integrate a gender perspective into all the activities of the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention;

4. Notes the initiative of the Centre for International Crime Prevention, in cooperation with the United Nations Interregional Crime and Justice Research Institute, in developing the global programme against trafficking in human beings, the global programme against corruption and the global studies on transnational organized crime, but stresses that the programmes promoted by the Centre should be formulated on the basis of close consultation with Member States and review by the Commission on Crime Prevention and Criminal Justice;

5. Calls upon the Centre for International Crime Prevention to reinforce its efforts to focus its technical cooperation activities on priority issues and concerns in crime prevention and criminal justice, to pursue a comprehensive approach in carrying out its operational activities, to coordinate more fully its activities with recipient and donor countries and to interact with other relevant United Nations entities and with the United Nations Crime Prevention and Criminal Justice Programme network;

6. Urges States and funding agencies to review, as appropriate, their funding policies for development assistance and to include a crime prevention and criminal justice component in such assistance;

7. Calls upon States to make every effort to contribute to the United Nations Crime Prevention and Criminal Justice Fund;

8. Encourages States to provide the Centre for International Crime Prevention with information on best practices and lessons learned from technical cooperation projects executed by the Centre;

9. Takes note with appreciation of the report of the Thirteenth Joint Programme Coordination Meeting of the United Nations Crime Prevention and Criminal Justice Programme Network, held in Courmayeur, Italy, on 23 and 24 September 1998;

10. Welcomes the unique contribution of the institutes of the United Nations Crime Prevention and Criminal Justice Programme network, individually and collectively, to the implementation of the mandate of the Secretary-General in crime prevention and criminal justice, as reflected in the annex to the report of the Thirteenth Joint Programme Coordination Meeting;

11. Requests the Secretary-General to ensure that the expertise and resources of the institutes of the United Nations Crime Prevention and Criminal Justice Programme network are utilized effectively in the implementation of the Programme;

12. Invites interested Member States to explore the possibility of cooperative projects with the institutes of the United Nations Crime Prevention and Criminal Justice Programme network;

13. Invites the workshop on women in the criminal justice system, to be held at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Vienna in April 2000, to consider the desirability of conducting an international victimization survey on violence against women that will enable Member States and the international community to develop action-oriented policies to eliminate violence against women;

14. Requests the Secretary-General, taking into account the activities of the workshop on crimes related to the computer network, to be held at the Tenth Congress, to conduct a study on effective measures that could be taken at the national and international levels to prevent and control computer-related crime, which would include an examination of the desirability of preparing manuals, guidelines and recommendations, and to report on the conclusions of the study to the Commission on Crime Prevention and Criminal Justice at its tenth session.
 
 

DRAFT RESOLUTION II
 
 

Action to promote cooperation and thefunctioning of the clearing house on
international projects in the field of crime prevention and criminal justice^*

The Economic and Social Council,

Recalling General Assembly resolution 46/152 of 18 December 1991, in which the Assembly decided that the United Nations Crime Prevention and Criminal Justice Programme should be devoted to providing States with practical assistance to achieve the goals of preventing crime and improving the response to crime,

Recalling also its resolution 1994/22 of 25 July 1994, in which it requested the Secretary-General to establish a database on technical assistance, integrating needs of Member States, in particular developing countries, as well as on existing collaborative arrangements and funding, taking into account regional concerns,

Recalling further its resolution 1995/12 of 24 July 1995, in which it requested the Secretary-General to initiate a pilot project to establish a regional database on international training and technical assistance projects, with a view to considering additional regional databases or a global database,

Expressing its appreciation to the European Institute for Crime Prevention and Control, affiliated with the United Nations, for the establishment, in close cooperation with the National Institute of Justice of the United States of America, of such a regional centralized clearing house for central and eastern Europe aimed at facilitating the exchange of information to assist policy makers in all Member States in better allocating resources, identifying potential partners in cooperative projects and opportunities for collaborative action and improving support for an incremental approach to preventing crime and ensuring criminal justice,

Recognizing that this clearing house is also operational and available to interested parties via the Internet and that its structure is also applicable to other regions,

Concerned about the duplication and lack of evaluation of technical assistance and training projects, which may result in wastage of scarce resources for technical cooperation,

Noting that Member States, international organizations and other entities engaged in collaborative training and technical assistance have made insufficient use of the clearing house,

Aware of the operation of other databases on cooperation in specific fields, including the database of the United Nations International Drug Control Programme,

1. Requests the Secretary-General to collect information from Member States and relevant international organizations and other entities on their projects involving international technical assistance and training in the field of crime prevention and criminal justice, in close cooperation with the institutes of the United Nations Crime Prevention and Criminal Justice Programme network;

2. Invites all Member States, international organizations and other entities to utilize the existing central clearing house either by submitting information to the Secretary-General or to the manager of the clearing house or by making direct use of the clearing house via the Internet;

3. Recommends that, in order to avoid duplication and to ensure transparency, entities with national or specialized clearing houses cooperate with the central clearing house by providing contact points for information or direct electronic linkages;

4. Recommends also that Member States consider the establishment of central contact points for information on their technical assistance and training projects in the field of crime prevention and criminal justice, as appropriate;

5. Recommends further that the Secretary-General explore the possibility of expanding this pilot phase as a standing activity;

6. Requests the Secretary-General to report on the functioning of the pilot phase to the Commission on Crime Prevention and Criminal Justice at its tenth session.
 

DRAFT RESOLUTION III
 
 

Effective crime prevention^*

The Economic and Social Council,

Bearing in mind Economic and Social Council resolution 1996/16 of 23 July 1996, in which the Council requested the Secretary-General to continue to promote the use and application of United Nations standards and norms in crime prevention and criminal justice matters,

Recalling the preliminary draft elements of responsible crime prevention annexed to its resolution 1997/33 of 21 July 1997, in particular those on community involvement in crime prevention, contained in paragraphs 14 to 23 of that annex,

Recognizing that effective crime prevention is increasingly being regarded as a development issue in the international arena and that a viable criminal justice system is at the core of economic growth and social stability,

1. Takes note of the conclusions of the Expert Group Meeting on Community Involvement in Crime Prevention, held in Buenos Aires from 8 to 10 February 1999, and of the report of that meeting to the Commission on Crime Prevention and Criminal Justice at its eighth session;²¹

2. Requests the Commission on Crime Prevention and Criminal Justice to urge Member States to recognize that effective crime prevention is the result of mobilizing local, national and international actors, stakeholders and partners;

3. Requests the Secretary-General to convene an interregional expert group meeting, with the extrabudgetary support of interested Governments, bearing in mind the preliminary draft elements of responsible crime prevention contained in the annex to Economic and Social Council resolution 1997/33, in order to analyse possible mechanisms for applying successful crime prevention strategies that are both situational and oriented towards social development to forms of crime such as urban crime, domestic violence and juvenile crime and, where appropriate, to new and emerging forms of crime such as organized crime, trafficking in persons, especially women and children, and corruption;

4. Also requests the Secretary-General, with the extrabudgetary support of interested Governments, to conduct a study on possible cultural and institutional differences in effective crime prevention and to make the study available to the Commission on Crime Prevention and Criminal Justice;

5. Requests the Commission to explore the possibility of preparing guidelines on crime prevention for policy makers and a handbook on crime prevention for practitioners;

6. Requests Member States to use the occasion of the workshop on community involvement in crime prevention that will be organized at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held in Vienna from 10 to 17 April 2000, as an opportunity for Governments with technical assistance needs to form partnerships with interested donor Governments and with United Nations entities for the express purpose of developing practical technical cooperation projects aimed at addressing common problems of crime prevention;

7. Takes note with appreciation of the initiative of the Governments of Canada, France and the Netherlands to convene a conference in collaboration with the International Centre for the Prevention of Crime on the theme "Putting Crime Prevention Knowledge to Work", to be held from 3 to 6 October 1999 in Montreal, Canada, which will assist in the preparations for the Tenth Congress workshop on community involvement in crime prevention;

8. Invites Member States to hold regional meetings of government experts on community involvement in crime prevention in order to study and develop differentiated models of crime prevention strategies that are both situational and oriented towards social development in countries with similar cultural and legal traditions;

9. Urges the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention of the Secretariat to promote projects that contribute to the exchange of information and experience in crime prevention for the purpose of encouraging new forms of collaboration between countries at the levels of government, the community and non-governmental organizations;

10. Requests the Secretary-General to ensure broad professional and geographical participation at the workshop of, inter alia, policy advisers, law enforcement, prosecutorial and judicial authorities, academics, social workers, health workers and educators, relevant United Nations bodies, including the United Nations Development Programme, relevant non-governmental organizations, members of the private security industry, the business community, the media, local government officials and crime prevention coordinators.
 
 

DRAFT RESOLUTION IV
 
 

Development and implementation of mediation

and restorative justice measures in

criminal justice^*

The Economic and Social Council,

Recalling its resolution 1997/33 of 21 July 1997, entitled "Elements of responsible crime prevention: standards and norms", as well as its resolution 1998/23 of 28 July 1998, in which it recommended to Member States that they consider using amicable means of settlement to deal with petty offences, for example, by using mediation, acceptance of civil reparation or agreement to compensation, and to consider using non-custodial measures, such as community service, as alternatives to imprisonment,

Bearing in mind General Assembly resolution 52/90 of 12 December 1997, in which the Assembly reaffirmed the high priority attached to technical cooperation and advisory services in the field of crime prevention and criminal justice,

Taking note of the reports of the Secretary-General on crime prevention²² and on the use and application of United Nations standards and norms in crime prevention and criminal justice²³ and of the report of the Expert Group Meeting on Community Involvement in Crime Prevention, held in Buenos Aires from 8 to 10 February 1999,²⁴

Recalling the existing regional instruments, including Council of Europe recommendations (85) 11, on the position of victims in criminal law and procedural criminal law, and (98) 1, on family mediation,

Bearing in mind that crime prevention in all its aspects is a fundamental issue to be considered at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held in Vienna from 10 to 17 April 2000, and that the issue of community involvement in crime prevention will be the subject of a workshop to be organized during the Tenth Congress,

1. Recognizes that, while a significant number of minor offences jeopardize citizens’ security and comfort, traditional criminal justice mechanisms do not always provide an appropriate and timely response to those phenomena, whether from the perspective of the victim or in terms of adequate and appropriate penalties;

2. Stresses that an important means of settlement of minor disputes and offences can be represented, in appropriate cases, by mediation and restorative justice measures, especially measures that, under the supervision of a judicial or other competent authority, facilitate the meeting of the offender with the victim, compensation for damages suffered or the provision of community services;

3. Emphasizes that mediation and restorative justice measures, where appropriate, can lead to satisfaction for victims as well as to the prevention of future illicit behaviour and can represent a viable alternative to short terms of imprisonment and to fines;

4. Welcomes the development in many countries of experience in mediation and restorative justice in the field of criminal justice, where appropriate, in the areas of, inter alia, minor offences, family problems, school and community problems, and problems involving children and youth;

5. Calls upon States to consider, within their legal systems, the development of procedures to serve as alternatives to formal criminal justice proceedings and to formulate mediation and restorative justice policies, with a view to promoting a culture favourable to mediation and restorative justice among law enforcement, judicial and social authorities, as well as local communities, and to consider the provision of appropriate training for those involved in the implementation of such processes;

6. Calls upon interested States, international organizations and other entities to exchange information and experience on mediation and restorative justice, including in the framework of the United Nations Crime Prevention and Criminal Justice Programme, and to contribute actively to the discussion and consideration of mediation and restorative justice policies in the framework of the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and in particular in its workshop on community involvement in crime prevention;

7. Requests the Commission on Crime Prevention and Criminal Justice to examine ways and means of facilitating an effective exchange of information concerning national experience in this area and possible ways to promote awareness among Member States of the issues of mediation and restorative justice;

8. Recommends to the Commission that it consider the desirability of formulating United Nations standards in the field of mediation and restorative justice, which are intended to ensure fairness in the resolution of minor offences;

9. Requests the Secretary-General to undertake, within existing or extrabudgetary resources, activities to assist Member States in developing mediation and restorative justice policies and to facilitate the exchange at the regional and international levels of experience on the issues of mediation and restorative justice, including dissemination of best practices;

10. Also requests the Secretary-General to prepare a report on work in progress in this area to be submitted to the Commission on Crime Prevention and Criminal Justice at its tenth session or as soon as possible, taking into account, inter alia, relevant results of the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
 
 

DRAFT RESOLUTION V
 
 

Penal reform^*

The Economic and Social Council,

Recalling its resolution 1997/36 of 21 July 1997 on international cooperation for the improvement of prison conditions and the Kampala Declaration on Prison Conditions in Africa, annexed to that resolution,

Recalling also its resolution 1998/23 of 28 July 1998 on international cooperation aimed at the reduction of prison overcrowding and the promotion of alternative sentencing and the Kadoma Declaration on Community Service, contained in annex I to that resolution,

Bearing in mind the recommendations of the African Regional Preparatory Meeting for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Kampala from 7 to 9 December 1998, on topics III and IV,²⁵

Bearing in mind also the relevant United Nations standards and norms in crime prevention and criminal justice, in particular the Standard Minimum Rules for the Treatment of Prisoners,²⁶ the Basic Principles on the Treatment of Prisoners,²⁷ the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules)²⁸ and the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules),²⁹

Taking note of the Arusha Declaration on Good Prison Practice, annexed to the present resolution,

1. Urges Member States that have not yet done so, to the extent needed:

(a) To take specific action and to establish time-bound targets to address the serious problems confronting many Member States as a result of prison overcrowding, recognizing that the conditions in overcrowded prisons may affect the human rights of prisoners and that many States lack the necessary resources to alleviate prison overcrowding;

(b) In accordance with the Kampala Declaration on Prison Conditions³⁰ and the Kadoma Declaration on Community Service,³¹ to devise, where necessary, and further to promote measures to reduce the number of prisoners on remand and awaiting trial;

(c) In this context, to make increased use of alternatives to imprisonment, such as pre-trial release, release on own recognizance, conditional release, restitution, community service or labour, the use of fines and payment by instalments and the introduction of conditional and suspended sentences;

2. Recommends to Member States that they consider the following, subject to the provisions of their national law:

(a) Conducting research on new approaches to penal and justice reform, including promoting alternatives to imprisonment, alternative forms of dispute resolution, new approaches to prison and traditional forms of justice, alternatives to custody, alternative ways of dealing with juveniles, restorative justice, mediation and the role of civil society in penal reform;

(b) The possible use of new modes of accessible justice for minor offences, with a view to the following:

3. Invites international and regional financial institutions such as the World Bank and the International Monetary Fund to incorporate in their technical assistance programmes measures to promote examination of these issues;

4. Invites the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held in Vienna from 10 to 17 April 2000, to consider these issues;

5. Requests the Secretary-General to report to the Commission on Crime Prevention and Criminal Justice at its tenth session on the implementation of the present resolution.
 
 

ANNEX
 
 

Arusha Declaration on Good Prison Practice
 
 

PREAMBLE

Aware of the fact that the management of prisons is a social service and that it is important to keep the public informed about the work of prison services,

Aware also of the need to promote transparency and accountability in the management of prisons and of prisoners in Africa,

Recalling the Kampala Declaration on Prison Conditions in Africa,³² which sets out an agenda for penal reform in Africa,

Taking note of the Kadoma Declaration on Community Service,³³ which recommends greater use of non-custodial measures for offences committed at the lower end of the criminal scale,

Also taking note of the provisions of the African Charter on Human and Peoples’ Rights of 1981,³⁴ the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,³⁵ the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment³⁶ that safeguard the right to life, the right to a prompt trial and human dignity,

Bearing in mind the Standard Minimum Rules for the Treatment of Prisoners,³⁷ the Basic Principles for the Treatment of Prisoners,³⁸ the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules),³⁹ the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment⁴⁰ and the Code of Conduct for Law Enforcement Officials,⁴¹

Bearing in mind also that prison officers who comply with national and international standards for the protection of prisoners deserve the respect and the cooperation of the prison administration where they serve and the community as a whole,

Noting that conditions in most African prisons fall short of these minimum national and international standards,

The Fourth Conference of the Central, Eastern and Southern African Heads of Correctional Services, meeting in Arusha from 23 to 27 February 1999, agree with the following principles:

(a) To promote and implement good prison practice, in conformity with the international standards mentioned above, and to adjust domestic laws to those standards, if this has not yet been done;

(b) To improve management practices in individual prisons and in the penitentiary system as a whole in order to increase transparency and efficiency within the prison service;

(c) To enhance the professionalism of prison staff and to improve their working and living conditions;

(d) To respect and protect the rights and dignity of prisoners as well as to ensure compliance with national and international standards;

(e) To provide training programmes to prison staff that incorporate human rights standards in a way that is meaningful and relevant and to improve the skills base of prison officers and, for this purpose, to establish a training board of the Conference of the Central, Eastern and Southern African Heads of Correctional Services;

(f) To establish a criminal justice mechanism comprising all the components of the criminal justice system that would coordinate activities and cooperate in the solution of common problems;

(g) To invite civil society groups into the prisons to work in partnership with the prison services in order to improve the conditions of imprisonment and the working environment of prisons;

(h) To call upon Governments and national and international organizations to give full support to this declaration.
 
 

DRAFT RESOLUTION VI
 
 

Administration of juvenile justice^*
 
 

The Economic and Social Council,

Recalling its resolution 1997/30 of 21 July 1997, on the administration of juvenile justice, and the Guidelines for Action on Children in the Criminal Justice System annexed to that resolution, and its resolution 1998/21 of 28 July 1998, on United Nations standards and norms in crime prevention and criminal justice,

Welcoming the fact that the Committee on the Rights of the Child places considerable emphasis on juvenile justice during its review of reports by States parties to the Convention on the Rights of the Child⁴² and noting that its concluding observations often include recommendations to seek technical assistance in juvenile justice from, inter alia, the Office of the United Nations High Commissioner for Human Rights, the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention of the Secretariat, the United Nations Children’s Fund and the network of non-governmental organizations concerned with juvenile justice issues, through the coordination panel on technical advice and assistance in juvenile justice, established pursuant to Economic and Social Council resolution 1997/30,

Emphasizing the important preventive role of the effective use and application of existing United Nations standards and norms in juvenile justice,

Concerned about the situation of children and young people in conflict with the law and their treatment by the criminal justice system in a number of States,

Acknowledging that there are links between juvenile delinquency and drug abuse, and recognizing that there is an urgent need for adequate measures and enhanced cooperation between all relevant actors at the national and international levels,

Recognizing that young drug addicts in conflict with the law are often victims and offenders at the same time, vulnerable not only to drug-related criminal activities, but also to activities involving ordinary crime,

Taking note of the draft proposal by the Secretariat on the global programme against trafficking in human beings, taking into account the fact that children, especially the girl child, and young people are often victims of such trafficking,

Concerned about the fact that, in the view of the Committee on the Rights of the Child, there is a need to strengthen the juvenile justice system in the majority of States parties whose reports have been considered by the Committee,

1. Takes note of the report of the Secretary- General on the use and application of United Nations standards and norms in juvenile justice,⁴³ in which the Secretary-General highlighted difficulties and deficiencies in the use and application of United Nations standards and norms in juvenile justice by Member States;

2. Welcomes the fact that the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention of the Secretariat has enhanced its cooperation with other United Nations entities and with other partners involved in assisting Member States in setting up separate juvenile justice systems or in improving existing juvenile justice systems by bringing them in line with United Nations standards and norms in juvenile justice;

3. Also welcomes the increased number of technical assistance projects in the field of juvenile justice, reflecting an increased awareness among Member States of the importance of juvenile justice reform in establishing and maintaining stable societies and the rule of law;

4. Further welcomes the establishment of a coordination panel on technical advice and assistance in juvenile justice to coordinate activities in the field of juvenile justice, subject to the modalities set out in Economic and Social Council resolution 1997/30, and calls on the partners involved to increase their cooperation, share information and pool their capacities and interests in order to increase the effectiveness of programme implementation;

5. Urges States to include, where necessary, provisions for juvenile justice in their national development plans, calls upon States to include the administration of juvenile justice in their funding policies for development cooperation, and invites them to respond favourably to requests from other States seeking assistance from the Centre for International Crime Prevention, the Office of the United Nations High Commissioner for Human Rights or the United Nations Children’s Fund in developing and improving juvenile justice systems;

6. Stresses the need to give timely assistance to children and young people in difficult circumstances, especially in drug-related situations, in order to prevent them from resorting to crime;

7. Underlines the importance of establishing, where possible and as appropriate, alternatives to imprisonment for young people in conflict with the law, including young drug addicts or users, such as the provision of treatment and vocational training, counselling, rehabilitation, reintegration and aftercare services;

8. Requests States to promote re-education and rehabilitation of children and young people who are in conflict with the law by encouraging, where appropriate, the use of methods of restorative justice, mediation, conflict resolution and victim/offender conciliation, as alternatives to judicial proceedings, as well as within the framework of community-based and custodial-based sanctions;

9. Stresses the need for close cooperation between all authorities and other actors working with children and young people, especially in the field of juvenile justice, such as the police, the judiciary, lawyers, prison staff, probation officers, social workers, health professionals, teachers and parents;

10. Urges Governments to consider including in policies, legislation and programmes on juvenile justice adequate prevention and rehabilitation measures targeting young offenders who are drug addicts or users or who commit drug-related criminal offences;

11. Requests the Secretary-General to ensure effective cooperation between the relevant United Nations entities active in the fields of juvenile justice and drug control, in particular between the United Nations International Drug Control Programme and the Centre for International Crime Prevention, and the other organizations mentioned in the Guidelines for Action on Children in the Criminal Justice System;

12. Urges States parties to the Convention on the Rights of the Child⁴⁴ to ensure full implementation of their obligations under the Convention and to pursue the goals set forth in the Convention with regard to the treatment of children and young people in the administration of juvenile justice, and urges States to use and apply the United Nations standards and norms in juvenile justice and related instruments;

13. Reaffirms that juvenile justice remains a high priority in the work of the Centre for International Crime

Prevention and the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network, in particular as children and young people, both those in conflict with the law and those in difficult circumstances who may be potential future criminals, are easy prey for criminal organizations;

14. Calls upon States parties to the Convention on the Rights of the Child to avail themselves fully of the existing programmes for technical assistance in juvenile justice;

15. Calls upon the Secretary-General to provide technical assistance in juvenile justice, in particular where States parties request assistance pursuant to recommenda-tions of the Committee on the Rights of the Child, and to consider the provision of technical assistance in juvenile justice as a matter of high priority;

16. Requests the Secretary-General to submit to the Commission on Crime Prevention and Criminal Justice at its ninth session a programme proposal, involving all United Nations entities mentioned in the Guidelines for Action on Children in the Criminal Justice System, by which the timely and in-depth assessment of the needs of States parties to the Convention on the Rights of the Child regarding juvenile justice reform is ensured;

17. Underlines the need for mainstreaming a gender perspective into all policies and programmes relating to children and young people in the criminal justice system;

18. Requests the Secretary-General to report on the administration of juvenile justice, as well as on the activities of the coordination panel on technical advice and assistance in juvenile justice, to the Commission on Crime Prevention and Criminal Justice at its tenth session.
 
 

3. The Commission also recommends to the Economic and Social Council the adoption of the following draft decisions:
 

DRAFT DECISION I

Preliminary draft of the Vienna Declaration on Crime and Justice: Meeting the
Challenges of the Twenty-first Century^*

The Economic and Social Council, recalling General Assembly resolutions 52/91 of 12 December 1997 and 53/110 of 9 December 1998, decides to transmit to the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders a preliminary draft of the Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century, annexed to the present decision.
 
 

ANNEX
 
 

Preliminary draft of the Vienna Declaration on
Crime and Justice: Meeting the Challenges of
the Twenty-first Century

We the States Members of the United Nations,

Concerned about the impact on our societies of the commission of serious crimes of a global nature and convinced of the need for bilateral, regional and international cooperation in crime prevention and criminal justice,

Concerned in particular about transnational organized crime and the relationships between its various forms,

Stressing that a fair, responsible, ethical and efficient criminal justice system is at the very core of economic and social development and of human security,

Having assembled at the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Vienna from 10 to 17 April 2000 to decide to take more effective concerted action, in a spirit of cooperation, to combat the world crime problem,

Declare as follows:

1. We note with appreciation the results of the regional preparatory meetings for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.⁴⁵

2. We reaffirm 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 fundamental freedoms, and promotion of the highest standards of fairness, humanity and professional conduct.

3. We emphasize the responsibility of each State to establish and maintain a fair, responsible, ethical and efficient criminal justice system in accordance with the principles of the Charter of the United Nations and international law.

4. We recognize the necessity of closer coordination and cooperation among States in combating the world crime problem, bearing in mind that action against it is a common and shared responsibility. In this regard, we acknowledge the need to develop and promote technical cooperation activities to assist countries in their efforts to strengthen their domestic criminal justice systems and their capacity for international cooperation.

5. We shall accord high priority to the expeditious adoption and entry into force of the United Nations Convention against Transnational Organized Crime and the protocols thereto. We shall undertake to take early steps for the signature of the Convention and the protocols thereto and shall endeavour to ratify those instruments within two years of their adoption.

6. We request the Centre for International Crime Prevention of the Office for Drug Control and Crime Prevention of the Secretariat to carry out, in cooperation with interested countries, regional assessments of the needs of Member States concerning legislation, capacity- building, expertise, training and resources with a view to ensuring a rapid ratification and implementation of the Convention and the protocols thereto.

7. We commit ourselves to the implementation of the Convention and the protocols thereto and undertake:

(a) To incorporate a crime prevention component into national and international development strategies;

(b) To intensify bilateral and multilateral cooperation, including technical cooperation, in the areas covered by the Convention and the protocols thereto;

(c) To enhance donor cooperation in areas with crime prevention aspects;

(d) To strengthen the capability of the Centre for International Crime Prevention, as well as the United Nations Crime Prevention and Criminal Justice Programme network, to assist Member States, at their request, in building capacity in areas covered by the Convention and the protocols thereto.

8. We welcome the efforts being made by the Centre for International Crime Prevention to develop, in cooperation with the United Nations Interregional Crime and Justice Research Institute, a comprehensive global overview of organized crime as a reference tool and to assist Governments in policy and programme development.

9. We reaffirm our continued support for and commitment to the United Nations and to the United Nations Crime Prevention and Criminal Justice Programme, especially the Commission on Crime Prevention and Criminal Justice and the Centre for International Crime Prevention, the United Nations Interregional Crime and Justice Research Institute and the institutes of the Programme network, and resolve to strengthen the Programme further through sustained funding, as appropriate.

10. We shall undertake to incorporate a gender perspective into the United Nations Crime Prevention and Criminal Justice Programme, as well as into national crime prevention and criminal justice strategies.

11. We commit ourselves to the development of action-oriented policy recommendations based on the special needs of women as criminal justice practitioners, victims, prisoners and offenders.

12. We emphasize that effective action for crime prevention and criminal justice requires the involvement, as partners and actors, of Governments, national, regional, interregional and international institutions, intergovernmental and non-governmental organizations and various segments of civil society, including the mass media and the private sector, as well as the recognition of their respective roles and contributions.

13. We also commit ourselves to the development of more effective ways of collaborating with one another with a view to eradicating the scourge of trafficking in human beings, especially women and children, and the smuggling of migrants, in line with the provisions of the two protocols under negotiation supplementary to the United Nations Convention against Transnational Organized Crime. We shall also consider supporting the global programme against trafficking in human beings developed by the Centre for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute, and we establish the year 2005⁴⁶ as the target year for achieving a significant decrease in the incidence of those crimes worldwide.

14. We further commit ourselves to the enhancement of international cooperation to curb illicit trafficking in firearms, in line with the provisions of the protocol under negotiation against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition,⁴⁷ supplementary to the United Nations Convention against Transnational Organized Crime, and we establish the year 2005⁴⁸ as the target year for achieving a significant decrease in the incidence of illicit manufacturing of and trafficking in firearms worldwide.

15. We commit ourselves to taking enhanced international action against corruption, building on the United Nations Declaration against Corruption and Bribery in International Commercial Transactions,⁴⁹ the International Code of Conduct for Public Officials⁵⁰ and relevant regional conventions, and we request the Secretary-General to submit to the Commission on Crime Prevention and Criminal Justice, at its tenth session, a report containing concrete proposals to this effect.⁵¹ We shall consider supporting the global programme against corruption developed by the Centre for International Crime Prevention and the United Nations Interregional Crime and Justice Research Institute.

16. We decide to develop action-oriented policy recommendations on the prevention and control of computer-related crime, and we invite the Commission on Crime Prevention and Criminal Justice to undertake work in this regard in an expeditious manner.

17. We note that acts of violence and terrorism are on the increase. We will together, in conjunction with our other efforts to prevent and to combat terrorism, take effective, resolute and speedy measures with respect to preventing and combating criminal activities carried out for the purpose of furthering terrorism in all its forms and manifestations.

18. We also note that racial discrimination, xenophobia and related forms of intolerance continue and we recognize the importance of taking steps to incorporate into international crime prevention strategies and norms measures to prevent and combat crime associated with racism, racial discrimination, xenophobia and related forms of intolerance.

19. We affirm our determination to combat violence stemming from intolerance on the basis of ethnicity, resolve to make a strong contribution, in the area of crime prevention and criminal justice, to the planned World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,⁵² and we invite the Centre for International Crime Prevention to prepare proposals for the World Conference.

20. We recognize that the United Nations standards and norms in crime prevention and criminal justice contribute to efforts to deal with crime effectively, in particular transnational organized crime. We also recognize the importance of prison reform, independence of the judiciary and the International Code of Conduct for Public Officials. We commit ourselves to the promotion of the United Nations standards and norms in crime prevention and criminal justice, and shall make every effort to use and apply those standards and norms in national law and practice by the year 2002.⁵³ To that end, we shall review relevant legislation and administrative procedures, provide the necessary education and training to the officials concerned and ensure the necessary strengthening of institutions entrusted with the administration of criminal justice.

21. We also recognize the value of the model treaties on international cooperation in criminal matters as important tools for the development of international cooperation.

22. We further recognize with great concern that juveniles in difficult circumstances are often at risk of becoming delinquent or easy candidates for recruitment by criminal groups, including groups involved in transnational organized crime and we commit ourselves to undertaking countermeasures to prevent this growing phenomenon and to including, where necessary, provisions for juvenile justice in national development plans and international development strategies and to including the administration of juvenile justice in our funding policies for development cooperation.

23. We acknowledge the crucial importance of applying successful strategies to reduce the opportunities for the commission of crimes (situational crime prevention) as well as social development-oriented crime prevention strategies to address all forms of crime, including transnational organized crime, and we pledge to foster and support the sharing of best practices and success stories in that area.

24. We commit ourselves to according priority to containing the growth and overcrowding of pre-trial and detention prison populations, as appropriate, by promoting safe and effective alternatives to incarceration.

25. We decide to introduce, where appropriate, national, regional and international action plans in support of victims of crime, including mechanisms for mediation and restorative justice, and we establish the year 2002⁵⁴ as a target date for States to review their relevant practices, to develop further victim support services and awareness campaigns on victims’ rights and to consider the establishment of funds for victims, in addition to developing and implementing witness protection programmes.

26. We invite the Commission on Crime Prevention and Criminal Justice to design specific measures for the implementation, monitoring and follow-up of the commitments that we have undertaken in this Declaration.
 
 

DRAFT DECISION II
 
 

Report of the Commission on Crime Prevention
and Criminal Justice on its eighth session and
provisional agenda and documentation for
the ninth session of the Commission^*

The Economic and Social Council

(a) Takes note of the report of the Commission on Crime Prevention and Criminal Justice on its eighth session;

(b) Approves the provisional agenda and documentation for the ninth session set out below.
 
 

PROVISIONAL AGENDA AND DOCUMENTATION FOR THE NINTH SESSION OF THE COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE

1. Election of officers.

Documentation

Annotated provisional agenda

(a) Technical cooperation;

(b) Crime prevention;

(c) Standards and norms;

(e) Resource mobilization.

Documentation

Documentation

Documentation

(a) Strategic management;

(b) Programme questions.

DRAFT DECISION III

Appointment of members of the Board of Trustees

of the United Nations Interregional Crime

and Justice Research Institute^*

The Economic and Social Council decides to endorse the appointment, by the Commission on Crime Prevention and Criminal Justice at its eighth session, of Ann-Marie Begler (Sweden), Philippe Melchior (France) and Jeremy Travis (United States of America) to the Board of Trustees of the United Nations Interregional Crime and Justice Research Institute.
 
 
 
 

Chapter II

4. At its 4th to 6th meetings, on 28 and 29 April 1999, the Commission on Crime Prevention and Criminal Justice considered agenda item 3. It had before it the report of the Secretary-General on the activities of the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network (E/CN.15/1999/4) and the report of the Executive Director on the work of the Centre for International Crime Prevention (E/CN.15/1999/2).

5. At its 4th meeting, on 28 April, following an introductory statement by the representative of the Centre for International Crime Prevention, the Commission heard statements by the representatives of Costa Rica, China, Japan and the United States of America. The observers for Canada and South Africa also made statements. The observers for the United Nations Interregional Crime and Justice Research Institute (on behalf of the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network), the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, the Latin American Institute for Crime Prevention and the Treatment of Offenders, the Naif Arab Academy for Security Sciences, the International Federation of Women in Legal Careers and the Office of the United Nations High Commissioner for Human Rights also made statements.

6. At its 5th meeting, on 29 April, the Commission heard statements by the representatives of Germany (on behalf of the European Union), the Russian Federation, the Netherlands, Ukraine, Mexico, France, the Republic of Korea, Togo and India (on behalf of the Group of 77 and China). The observers for Morocco, Belarus, Turkey, Indonesia and Israel also made statements.

7. At the 6th meeting, the Chairman summarized the deliberations on the item.
 
 
 
 

B. Deliberations
 

8. Several participants praised the Executive Director’s efforts in producing a clear and concise report on the work of the Centre for International Crime Prevention (E/CN.15/1999/2). Many participants expressed appreciation for the efforts of the Centre in focusing, coordinating and organizing its work, in particular its technical cooperation activities, to address transnational organized crime, corruption and trafficking in human beings. The Centre was also commended for the preparation of the global programme on trafficking in human beings (E/CN.15/1999/CRP.2), the global programme against corruption (E/CN.15/1999/CRP.3) and the global studies on transnational organized crime (E/CN.15/1999/CRP.4). Those programmes were considered to represent a sound strategic basis for the technical cooperation activities of the Centre. The importance of a comprehensive and regional approach to tackling issues was stressed. Some participants expressed appreciation for having been consulted and for having had the opportunity to provide their comments during the formulation of the programmes. Others indicated their desire for the Commission to be used as a forum for the development of such initiatives. Further refinement of the global programmes was suggested, in particular as regards methodology and the definitions of the research components. One participant was of the opinion that the Centre should describe more clearly the resources needed to implement the global programmes while maintaining the technical cooperation activities already in progress.

9. Participants expressed the need to develop technical cooperation activities that would be in line with and supportive of the draft United Nations convention against transnational organized crime. While many participants offered clear support for the consolidation of the technical cooperation activities of the Centre, others suggested that attention should continue to be given to the improvement of the criminal justice system, in particular in developing countries and in countries with economies in transition. Such improvement of the justice system would constitute an important element in the fight against transnational organized crime. The importance of ensuring that technical cooperation activities had a regional focus and impact was emphasized by some participants. In addition, some participants noted the need for the Centre to expand its activities at the regional and subregional levels, giving particular attention to the African continent. Several commended the Centre for the expansion of its field presence with a view to improving the quality and timeliness of technical cooperation projects. In that regard, many participants expressed their appreciation for the increased interaction of the Centre with the United Nations International Drug Control Programme.

10. It was noted that there was still a gap between the mandate of the Centre and its limited financial resources, both from the regular budget and from extrabudgetary sources. Appeals were made by several participants for increased resources for the Centre. The efforts of the Centre to present a focused and result-oriented programme of work were recognized. In that context, the representatives of France, Japan and the United States of America indicated their Governments’ intention to provide additional resources to the Centre to support technical cooperation activities.

11. Participants indicated that one of the important conditions in the fight against organized crime was the existence of an efficient criminal justice system, which took advantage of technological advances such as computerization and data management while maintaining a proper balance between law enforcement and respect for human rights. While recognizing that there was a need to maintain a balance between the different priority issues within the United Nations Crime Prevention and Criminal Justice Programme, a number of participants saw the need for the Centre to continue to address traditional areas of involvement in crime prevention and criminal justice in its technical cooperation programme.

12. Many participants agreed that every effort should be made to avoid duplication in the technical cooperation activities in the field of crime prevention and criminal justice. Coordination with the institutes of the United Nations Crime Prevention and Criminal Justice Programme network and with regional organizations, national institutes and other associations was considered important. The activities carried out by the institutes of the Programme network were much appreciated. Some participants noted the importance of strengthening the capacity of the institutes to assist in the work of the Secretariat.
 

C. Action taken by the Commission
 

13. At its 15th meeting, on 6 May 1999, the Commission recommended for adoption by the Economic and Social Council, as orally amended, a revised draft resolution entitled "Work of the United Nations Crime Prevention and Criminal Justice Programme" (E/CN.15/1999/ L.5/Rev.1), sponsored by Angola, Austria, Azerbaijan, Benin, Bolivia, Botswana, Canada, Chile, Costa Rica, Côte d’Ivoire, Ecuador, Finland, the Gambia, Georgia, Ghana, Greece, India, Italy, Mali, the Philippines, Poland, the Republic of Korea, Romania, the Russian Federation, South Africa, Spain, Togo, Tunisia, Turkey, Urkraine, the United States of America and Zambia. For the text, see chapter I, section B, draft resolution I.

14. At the same meeting, the Commission recommended for adoption by the Economic and Social Council a draft resolution entitled "Action to promote cooperation and the functioning of the clearing house on international projects in the field of crime prevention and criminal justice" (E/CN.15/1999/L.12), sponsored by Angola, Azerbaijan, Belgium, Bolivia, Brazil, Finland, the Gambia, Georgia, Ghana, Haiti, Italy, Kuwait, Malta, the Netherlands, the Philippines, Qatar, Slovakia, South Africa, Spain, Sweden, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Viet Nam, Zambia and Zimbabwe. For the text, see chapter I, section B, draft resolution II.
 
 
 
 

Chapter III

Strategies for crime prevention

A. Structure of the debate
 

15. At its 6th to 8th meetings, on 29 and 30 April 1999, the Commission on Crime Prevention and Criminal Justice considered agenda item 4. It had before it the following documents:

(a) Report of the Secretary-General on elimination of violence against women (A/54/69-E/1999/8);

(b) Report of the Secretary-General on crime prevention (E/CN.15/1999/3);

(c) Note by the Secretary-General on illicit manufacturing of and trafficking in explosives by criminals and on the abuse and misuse of explosives for criminal purposes (E/CN.15/1999/3/Add.1);

(d) Report of the Expert Group Meeting on Corruption and Its Financial Channels, held in Paris from 30 March to 1 April 1999 (E/CN.15/1999/10).

16. At its 6th meeting, on 29 April, following an introductory statement by the representative of the Centre for International Crime Prevention, the Commission heard statements by the representatives of the Islamic Republic of Iran, Botswana, Tunisia, Pakistan and France. Statements were also made by the observers for Australia, South Africa, Croatia, Slovakia, Chile and Finland. A statement was also made by the observer for the Council of Arab Ministers of the Interior.

17. At its 7th meeting, on 30 April, the Commission heard statements by the representatives of Germany (on behalf of the European Union), Austria, Ukraine, Japan, the United States of America, China, Zambia, Argentina, the Philippines and Colombia. Statements were also made by the observers for Indonesia, Cuba, Canada, South Africa and the United Kingdom of Great Britain and Northern Ireland. The observers for the European Institute for Crime Prevention and Control, affiliated with the United Nations, the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, the International Scientific and Professional Advisory Council, the United Nations Interregional Crime and Justice Research Institute and the Italian Centre of Solidarity also made statements.

18. At the 8th meeting, on 30 April, the Chairman summarized the deliberations on agenda item 4.
 
 
 

B. Deliberations
 

19. The Commission welcomed the report of the Secretary-General on crime prevention (E/CN.15/1999/3) and commended it as a source of potentially useful reference material for future work on crime prevention.
 

1. Public security

20. Several participants expressed the view that it was the duty of a State to guarantee conditions of security and safety of its citizenry. Community participation in crime prevention was regarded as an important component to ensure better public security. Many participants informed the Commission about their national laws and practical initiatives aimed at preventing crime, such as programmes to prevent domestic violence and sexual and violent crimes, as well as organized and transnational crime, and corruption. A number of participants stressed the need for training of police officers in order to ensure better functioning and greater effectiveness of the administration of justice. Several participants called for an improved exchange of information, for cooperation in the field of justice and for more effective mutual legal assistance and more streamlined extradition procedures. In that context, several Member States considered that the Centre for International Crime Prevention had an important role to play, in particular as regards assisting countries in implementing the United Nations Declaration on Crime and Public Security (General Assembly resolution 51/60, annex). In that regard, several participants stressed the importance of compiling and reviewing information concerning the use and application of the Declaration by Member States and of participating actively in the information-gathering process, utilizing the questionnaire on the Declaration that had been prepared by the Centre for International Crime Prevention.
 

2. Fighting corruption

21. Several participants underlined that widespread corruption by public officials undermined the rule of law. It was therefore necessary to ensure public security in order to protect civil and political rights. There was a need to put in place policies to prevent the corruption of law enforcement and other government officials, as well as systems to monitor and discipline those who accepted bribes.

22. A number of participants emphasized the importance of instituting anti-corruption measures in order to ensure progress in fighting corruption. In particular, several participants called upon the Centre for International Crime Prevention to establish a research base on how to combat corruption effectively in order to provide for a scientific understanding of the phenomenon. One participant proposed the endorsement by the Commission of the recommendations made by the Expert Group Meeting on Corruption and Its Financial Channels, held in Paris from 30 March to 1 April 1999 (E/CN.15/1999/10, paras. 1-14). Those recommendations should be included in the updated manual on practical measures against corruption. One participant referred to the Global Forum on Fighting Corruption, held in Washington, D.C., from 24 to 26 February 1999 at the invitation of the United States Vice President, at which participants from 90 governments called upon their governments to cooperate in regional and global bodies to adopt effective anti-corruption principles and practices and to create ways to assist each other through mutual evaluation (E/CN.15/1999/CRP.12). Several participants supported the global programme against corruption, which had been launched by the Centre for International Crime Prevention.

23. While a number of instruments had been elaborated at the national and regional levels, in the view of some participants the development of an international legal instrument against corruption was desirable.
 

3. Elimination of violence against women

24. Many participants spoke on the issue of elimination of violence against women. It was emphasized that the phenomenon manifested itself in many different forms and occurred among individuals both within the family and in public. There was general consensus that, regardless of socio-economic levels, all forms of violence perpetrated against women violated human rights and personal integrity, impeded freedom and limited the contribution of women to social progress.

25. Some participants informed the Commission that their Governments were lagging behind in ensuring adequate protection and safety of women. It was difficult for some Governments to counteract violence against women effectively where the culture was indifferent to violence against women and the public was not sufficiently aware of the problem. Nevertheless, efforts were being made to improve that situation by establishing, inter alia, special family courts or task forces for the protection of the victims of such violence.

26. The view was expressed that there was a continuing need to provide better assistance to women in armed conflict and post-conflict situations and to improve respect for humanitarian law in such conditions. It was suggested that a standardized survey on violence against women should be developed, permitting the comparison at the international level of national data on the perpetration of violence against women. Such an undertaking was important in view of the fact that, whenever comprehensive research was conducted at the national level, the results were shocking as regards the frequency of violent offences against women.

27. The attention of the Commission was drawn to the workshop on women in the criminal justice system, which would be organized during the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which should also focus on the issue of violence against women.

28. The Special Adviser on Gender Issues and Advancement of Women addressed the Commission, reporting on action to advance the status of women and calling for the universal ratification of the Convention on the Elimination of All Forms of Discrimination against Women (resolution 34/180, annex). She recognized that Commission resolution 7/1 put the gender mainstreaming strategy of the Organization into effect in the field of crime prevention and criminal justice. She welcomed continued work on the elimination of violence against women, a subject of considerable concern to the Organization. The Special Adviser noted that violence against women was an issue cutting across the responsibilities and concerns of a number of United Nations bodies and entities. Close cooperation and coordination of policies and activities to eliminate violence against women were therefore needed to ensure that the work done by the various entities was mutually reinforcing.
 
 

29. A number of participants emphasized that there was a pressing need to develop effective crime prevention strategies and practical measures to prevent crime. Such strategies should also focus on situational crime prevention and opportunity reduction and on crime prevention through social development. Some participants stressed that the eradication of poverty was important to ensuring the success of crime prevention strategies. A number of participants emphasized the need to strike a balance between law enforcement action aimed at controlling crime and activities aimed at preventing crime by resorting to non-punitive measures, encompassing all relevant sectors, including education, labour, social welfare and health care. Crime prevention measures should include early intervention programmes, as well as victim empowerment, in order to improve the efficacy of measures against criminality. It was emphasized that those responsible for crime prevention should also examine measures that would be effective against new forms of crime, such as computer crime and environmental crime. Some participants referred to the workshop on community involvement in crime prevention to be held during the Tenth Congress. The Government of Argentina had offered to host an expert group meeting in Buenos Aires to make further preparations for that workshop.

30. It was suggested that the Commission should draw up comprehensive international guidelines for crime prevention. In addition, the Commission could also draft practical guides that would outline good practices and thus assist national authorities in their efforts to prevent crime.
 
 

C. Action taken by the Commission
 

31. At its 15th meeting, on 6 May 1999, the Commission approved for adoption by the Economic and Social Council, as orally amended, a revised draft resolution entitled "Effective crime prevention" (E/CN.15/1999/L.3/Rev.1), sponsored by Argentina, Azerbaijan, Bolivia, Botswana, Brazil, Canada, China, Croatia, the Czech Republic, Finland, India, the Netherlands, the Philippines, Poland, Qatar, Romania, the Russian Federation, Saudi Arabia, South Africa, the Sudan, Togo and the United States of America. For the text, see chapter I, section B, draft resolution III.

32. At the same meeting, the Commission approved for adoption by the Economic and Social Council, as orally amended, a revised draft resolution entitled "Development and implementation of mediation and restorative justice measures in criminal justice" (E/CN.15/1999/L.4/Rev.1), sponsored by Angola, Australia, Belgium, Botswana, Brazil, Canada, Colombia, Croatia, the Czech Republic, Finland, France, Germany, Greece, India, Italy, Kuwait, the Netherlands, Oman, the Philippines, Portugal, Qatar, the Republic of Korea, Saudi Arabia, Spain, South Africa, the Sudan, the Syrian Arab Republic, Tunisia, the United Arab Emirates and the United States of America. For the text, see chapter I, section B, draft resolution IV.

33. At the same meeting, the Commission approved, as orally amended, for adoption by the General Assembly, through the Economic and Social Council, a revised draft resolution entitled "Action against corruption" (E/CN.15/1999/L.2/Rev.2), sponsored by Angola, Argentina, Australia, Azerbaijan, Belgium, Benin, Bolivia, Botswana, Brazil, Burundi, Canada, Colombia, Costa Rica, Côte d’Ivoire, the Czech Republic, Ecuador, Egypt, Finland, France, the Gambia, Georgia, Germany, Ghana, Greece, Haiti, Hungary, Italy, Kuwait, the Libyan Arab Jamahiriya, Malawi, Mali, the Netherlands, Norway, Oman, Poland, Portugal, Qatar, the Republic of Korea, Romania, the Russian Federation, Rwanda, Saudi Arabia, Slovakia, South Africa, Spain, the Sudan, Sweden, Togo, Uganda, Ukraine, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Viet Nam and Zimbabwe. For the text, see chapter I, section A, draft resolution IV.

34. At the same meeting, the Commission approved for adoption by the Economic and Social Council, as orally amended, a revised draft resolution entitled "Penal reform" (E/CN.15/1999/L.10/Rev.1), sponsored by Angola, Argentina, Benin, Botswana, Brazil, Burundi, Cameroon, China, Côte d’Ivoire, Egypt, the Gambia, Ghana, Haiti, Kenya, Lesotho, Malawi, Mali, Mozambique, Namibia, the Philippines, Portugal, Rwanda, South Africa, the Sudan, Swaziland, Togo, Uganda, the United Republic of Tanzania, Zambia and Zimbabwe. For the text, see chapter I, section B, draft resolution V.
 
 
 
 

Chapter IV

A. Structure of the debate
 

35. At its 8th to 11th meetings, from 30 April to 4 May 1999, the Commission on Crime Prevention and Criminal Justice considered agenda item 5. It had before it the following documents:

(a) Report of the Secretary-General on the preparations for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (E/CN.15/1999/6 and Corr.1);

(b) Report of the Asian and Pacific Regional Preparatory Meeting for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Bangkok from 2 to 4 November 1998 (A/CONF.187/RPM.1/1 and Corr.1);

(c) Report of the Western Asian Regional Preparatory Meeting for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Beirut from 11 to 13 November 1998 (A/CONF.187/RPM.2/1);

(d) Report of the African Regional Preparatory Meeting for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Kampala from 7 to 9 December 1998 (A/CONF.187/ RPM.3/1);

(e) Report of the Latin American and Caribbean Regional Preparatory Meeting for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in San José from 22 to 24 February 1999 (A/CONF.187/RPM.4/1).

36. At its 8th meeting, on 30 April, following an introductory statement by the representative of the Centre for International Crime Prevention, the Commission heard statements by the representatives of Germany (on behalf of the European Union), Austria, Ukraine, Japan, the United States of America, China, Zambia, Argentina, the Philippines and Colombia. Statements were also made by the observers for Australia, Indonesia, Cuba, Canada and South Africa. The observers for the European Institute for Crime Prevention and Control, affiliated with the United Nations, the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, the International Scientific and Professional Advisory Council, the United Nations Interregional Crime and Justice Research Institute and the Italian Centre of Solidarity also made statements.

37. The 9th and 10th meetings, on 3 May, were devoted to consultations aimed at the preparation of a preliminary draft of a declaration on crime and justice for submission to the Tenth Congress, taking into account the results of the regional preparatory meetings, as requested by the General Assembly in its resolution 53/110 of 9 December 1998.

38. At the 11th meeting, on 4 May, the Chairman summarized the deliberations on the item.

39. At the 15th meeting, on 6 May, a statement was made by the representative of India (on behalf of the Group of 77 and China).
 
 

B. Deliberations
 

40. Most participants emphasized the value of the United Nations congresses on the prevention of crime and the treatment of offenders. Pursuant to the Programme of Action of the United Nations Crime Prevention and Criminal Justice Programme (General Assembly resolution 46/152, annex), the congresses provided a quinquennial forum for the exchange of views between States, intergovernmental organizations, non-governmental organizations and individual experts representing various professions and disciplines; the exchange of experiences in research, law and policy development; the identification of emerging trends; the provision of advice and comments to the Commission; and the submission of suggestions regarding possible subjects in crime prevention and criminal justice for the programme of work. The congresses should take stock of developments and assist the Commission in deciding future directions. The Commission should manage and formulate detailed implementation programmes on the basis of those decisions. The broad mandate of the congresses to deal with issues related to both national and transnational crime was stressed. One participant was of the view that the congresses had outlived their usefulness and that they should be discontinued or, alternatively, be held when the Commission determined that they were needed.

41. There was general agreement among the participants that the draft declaration to be prepared by the Commission for consideration by the Tenth Congress should be short and precise and should convey an action-oriented political message. It should also address the challenges that the international community could not meet in the twentieth century. Those challenges should be seen in the wider context of the ongoing globalization of markets and communication and transportation networks. It was recommended that the valuable results of the regional preparatory meetings should be taken into account in developing the draft declaration, so that it would reflect the needs and priorities of the various regions.

42. The view was expressed that transnational organized crime should serve as a priority topic of the Tenth Congress. Several participants were of the view that the draft declaration should set a plan of action for the implementation of the convention against transnational organized crime that was being developed. The basic message of the draft declaration should be that international cooperation should be strengthened to meet the needs of all countries confronting problems involving transnational crime. Many participants stressed that the draft declaration should contain specific recommendations on the provision of technical assistance to countries, where necessary. The challenges to those involved in crime prevention and criminal justice included many concerns other than transnational organized crime. Some of them were central to dealing effectively with transnational organized crime, while others might have little to do with it. Several issues that might be dealt with in the draft declaration were identified, including the crime-related aspects and risks of globalization and advances in information technology, political instability, personal insecurity and the link between crime and economic conditions. Other priority issues to be dealt with in the draft declaration might be: effective crime prevention measures; the role of civil society and community involvement; victim and witness protection programmes; the treatment of offenders; extradition and mutual assistance in criminal matters; and measures against money-laundering and currency counterfeiting, the abuse of power, prison overcrowding, xenophobia, hate crimes, ethnic cleansing, racial discrimination, terrorist crimes, violence in general and violence against women in particular.

43. Participants expressed agreement with the proposed organization of work for the Tenth Congress and for the workshops. Some emphasized that the work of the Tenth Congress should be organized in a manner that would enable States represented by small delegations to participate fully in all its meetings and workshops. The value of ancillary meetings to be held at the Tenth Congress was noted. It was stressed that the participation of non-governmental organizations could ensure that the results of the Tenth Congress would have an impact at the grass-roots level.

44. The observers for the organizations coordinating the workshops reported on the preparations by their organizations, including the organization of preparatory meetings and the identification of main issues to be discussed at the Tenth Congress. Participants expressed their appreciation to the Government of Austria for the efforts made regarding the hosting of the Tenth Congress and for the preparation of the preliminarty draft of the declaration.
 
 

C. Action taken by the Commission
 

45. At its 16th meeting, on 6 May 1999, the Commission heard a statement by the Secretariat, in which it was indicated that a formal statement of programme budget implications was not required for the revised draft resolution entitled "Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders" (E/CN.15/1999/L.6/Rev.1), sponsored by Angola, Argentina, Austria, Belgium, Botswana, Costa Rica, Côte d’Ivoire, Czech Republic, Ecuador, Finland, the Gambia, Ghana, India, Iran (Islamic Republic of), Kuwait, Libyan Arab Jamahiriya, Mali, Morocco, Oman, Pakistan, Poland, Portugal, Qatar, Romania, Russian Federation, Rwanda, Saudi Arabia, Slovakia, Sudan, Syrian Arab Republic, Togo, Tunisia, Turkey, Ukraine and Zimbabwe. However, the Commission was provided with information on the financial implications of operative paragraphs 4 and 13 of the revised draft resolution (see annex II). The Commission recommended that the Economic and Social Council approve for adoption by the General Assembly the revised draft resolution. For the text of the revised draft resolution, see chapter I, section A, draft resolution I.

46. At the same meeting, the Commission recommended for adoption by the Economic and Social Council, as orally amended, a revised draft decision entitled "Preliminary draft of the Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century" (E/CN.15/1999/L.8/Rev.1 and Corr.1 and Add.1). For the text of the revised draft decision, see chapter I, section C, draft decision I.

47. At the 16th meeting, on 6 May, a statement was made by the observer for the Syrian Arab Republic.
 
 
 
 

Chapter V

A. Structure of the debate

48. At its 1st to 5th meetings, from 27 to 29 April 1999, the Commission on Crime Prevention and Criminal Justice considered agenda item 6. It had before it the report of the Executive Director on the work of the Centre for International Crime Prevention (E/CN.15/1999/2) and the report of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime (A/AC.254/13-E/CN.15/1999/5).

49. At its 1st and 2nd meetings, on 27 April, following an introductory statement by the representative of the Centre for International Crime Prevention, the Commission heard statements by the representatives of Germany (on behalf of the European Union), Italy, Argentina, China, Brazil, France, Ukraine, the Netherlands, Ecuador (on behalf of the Group of Latin American and Caribbean States), Mexico, Bolivia, the United States of America, the Republic of Korea, Japan, Turkey, Zambia, Canada, Chile and Poland.

50. At the 3rd meeting, on 28 April, statements were made by the representatives of Botswana, Tunisia, Pakistan, the Russian Federation, the Islamic Republic of Iran, Azerbaijan, Romania, Oman, India (on behalf of the Group of 77 and China), Malawi, the Philippines, Cuba, India, the Syrian Arab Republic, South Africa, the Sudan and Togo. The observers for the International Criminal Police Organization (Interpol), the International Scientific and Professional Advisory Council and the Verification Technology Information Centre also made statements.

51. At the 4th meeting, on 28 April, statements were made by the representatives of Costa Rica, South Africa, China, Japan, the United States of America and Canada. Statements were also made by the observers for the United Nations Interregional Crime and Justice Research Institute (on behalf of all the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network), the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, the Latin American Institute for Crime Prevention and the Treatment of Offenders, the Naif Arab Academy for Security Sciences, the International Federation of Women in Legal Careers and the Office of the United Nations High Commissioner for Human Rights.

52. At the 5th meeting, on 29 April, the Chairman summarized the deliberations on agenda item 6.
 

B. Deliberations
 

53. Many participants expressed concern that organized criminal groups posed a global threat to the international community. Whereas knowledge about organized criminal groups and their operations was growing, there was no global overview of transnational organized crime prepared by the United Nations. Such a comprehensive overview was considered a prerequisite for effective international action to counteract transnational organized crime. Strengthening and improving mechanisms for cooperation, in particular the exchange of information and expertise, and coordination among law enforcement agencies, together with the promotion of mutual legal assistance and extradition, were also considered essential to such international action.

54. Satisfaction was expressed with the progress of the work undertaken by the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime and the three additional international legal instruments. Participants expressed their unwavering support for the negotiation process and their commitment to bringing the work of the Ad Hoc Committee to a successful completion by the year 2000. The Convention would need to reflect adequately the various concerns of States while being comprehensive enough to cope with the multiple facets of transnational organized crime. The scope of the Convention needed to be flexible enough to encompass the many different activities of organized criminal groups and to counter their ability to shift from one operation to another and from one geographical location to another. It was noted that there were difficulties, mostly of a technical nature, that needed to be overcome in order to arrive at a set of international instruments that would take into account differences in legal systems without compromising the forcefulness and effectiveness of the instruments.

55. The task facing the international community was the development of a set of practical international instruments that would allow countries at every stage of development to join forces with one another in order to achieve the common objectives of preventing and controlling transnational organized crime. Joining forces was perceived to imply not only developing innovative measures for international cooperation, but also strengthening domestic legal and criminal justice systems by adopting appropriate legislative and administrative measures and upgrading the skills of criminal justice personnel. Of equal importance was providing experience, expertise and assistance to developing countries and countries with economies in transition in order to enable them to meet their obligations under the Convention and the additional international legal instruments. Technical cooperation was considered to be tangible evidence of solidarity to match the commitment of such countries to bringing their limited resources to bear in the common fight against transnational organized crime. Assistance was also needed in the short term to permit full participation by developing countries, especially least developed countries, in the development of the Convention. Reference was made to the need for Governments to enhance the capacity of the United Nations to provide technical assistance possibly by contributing a certain percentage of funds (or of the value of illicit assets) that had been confiscated by Governments.

56. Several participants expressed their deep concern about the growing problems of trafficking in human beings and trafficking in firearms.

57. Participants expressed their deep concern about the negative effects of corruption on development and national economies, in particular in view of the linkages between corruption and organized crime. Measures should be developed to combat corruption; such measures could include the establishment of independent bodies, the promotion of good governance, the promulgation of codes of conduct for public officials and the judiciary and the launching of campaigns to raise public awareness of the negative effects of corruption.

58. Many participants expressed satisfaction with the role of the Centre for International Crime Prevention and called for the strengthening of its capacity to provide assistance. Participants welcomed its new focus on transnational organized crime, which also left room for its traditional areas of work. Other important aspects of its work, such as effective crime prevention, should continue to be given priority. Prevention was considered an effective strategy in the field of criminal justice and should continue to receive active support. The protection of victims of crime and abuse of power, as well as mediation and the further development of juvenile criminal law, deserved the greatest attention. A number of participants referred to a proposal to establish an international fund in support of victims of crime.

59. Many participants supported the initiatives of the Centre for International Crime Prevention regarding the global programme against corruption, the global programme against trafficking in human beings and the global studies on transnational organized crime. The view was expressed that the Commission should provide guidance on those initiatives.

60. The representative of Italy annouced that his Government had offered to host in Palermo the conference of plenipotentiaries to be convened in 2000 to finalize the draft United Nations Convention against Transnational Organized Crime and the additional protocols. The Commission took note with appreciation of that offer.
 
 
 
 

C. Action taken by the Commission
 
 
 
 

61. At its 16th meeting, on 6 May 1999, the Commission recommended that the Economic and Social Council approve for adoption by the General Assembly a revised draft resolution, as orally amended, entitled "Activities of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime: illicit manufacturing of and trafficking in firearms, their parts, components and ammunition, as well as consideration of the need to develop an instrument on the illicit manufacturing of and trafficking in explosives" (E/CN.15/ 1999/L.11/Rev.1), sponsored by Argentina, Australia, Azerbaijan, Benin, Bolivia, Botswana, Brazil, Canada, Chile, Colombia, Costa Rica, Côte d’Ivoire, Ecuador, the Gambia, Georgia, India, Kuwait, Mexico, South Africa, the Sudan, Togo, Turkey, Venezuela and Zimbabwe. For the text, see chapter I, section A, draft resolution III.

62. At the same meeting, the Commission recommended that the Economic and Social Council approve for adoption by the General Assembly a revised draft resolution, as orally amended, entitled "Draft United Nations Convention against Transnational Organized Crime and the draft protocols thereto" (E/CN.15/1999/L.9/Rev.1), sponsored by Argentina, Australia, Belgium, Benin, Bolivia, Botswana, Canada, Croatia, Cyprus, France, Germany, Greece, Hungary, India, Italy, Japan, Kuwait, Malawi, the Philippines, Poland, Portugal, the Republic of Korea, Romania, Slovakia, South Africa and the United States of America. For the text, see chapter I, section A, draft resolution II.

63. At its 16th meeting, on 6 May, the Commission heard a statement by the representative of Egypt (on behalf of the Group of African States) referring to the lack of capacity in Africa to combat transnational crime effectively, particularly money-laundering. Areas of critical importance for the region included the following: the establishment of a legislative framework for the introduction of relevant legislation, criminalizing certain behaviour and regulating extradition and mutual legal assistance; the provision of assistance in respect of the elaboration of model laws; the exchange of information/crime intelligence as modern data processing and communication systems were lacking; the provision of technical assistance in relation to specialized investigative techniques and relevant logistical means; the organization of training courses to provide training for investigators and prosecutors and the elaboration of uniform training manuals and standard operating procedures; and the establishment of the necessary structural capacity in African countries to enable them to acquire and utilize financial intelligence in order to detect money-laundering and corruption. He appealed to the United Nations and to developed countries to assist in a coordinated manner in upgrading the capacity and the capabilities of African countries to implement the United Nations Convention against Transnational Organized Crime once it had entered into force.

64. At the same meeting, the Commission heard a statement by the representative of India (on behalf of the Group of 77 and China) in which the support of the Group of 77 and China was expressed for the statement by the representative of Egypt (on behalf of the Group of African States) and endorsed the appeal to the United Nations and to developed countries for technical and financial assistance. In his view, such an appeal was timely and purposeful as all developing countries were facing similar problems. He stated that, in order to facilitate the effective implementation of the United Nations Convention against Transnational Organized Crime, developing countries would need not only political support, but also adequate resources. He referred to the statement made on behalf of the Group of 77 and China on agenda item 3 calling on developed countries and United Nations funding agencies to make significant financial contributions for the United Nations Crime Prevention and Criminal Justice Programme. Significant progress had been made in developing the draft United Nations Convention against Transnational Organized Crime and the three draft protocols to that convention. Those international instruments would result in obligations for which even more technical cooperation and advisory services would be needed by developing countries. The proposal of the Group of 77, to include a provision in the Convention for a special fund to assist developing countries in the implementation of the Convention, needed the support of all countries.

65. At the same meeting, the Secretary of the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime informed the Commission that the submission by the Centre for International Crime Prevention for the budget biennium 2000-2001 included the requirements in conference services for the needs of the Ad Hoc Committee and the conference of plenipotentiaries. No provision had been made in the proposed programme budget for that biennium to fund the travel costs of government representatives; however, it was expected that extrabudgetary resources would be made available to defray the travel costs of government representatives from least developed countries.
 
 
 
 

Chapter VI

A. Structure of the debate
 
 

66. At its 11th to 13th meetings, on 4 and 5 May 1999, the Commission on Crime Prevention and Criminal Justice considered agenda item 7. It had before it the report of the Secretary-General on the use and application of United Nations standards and norms in crime prevention and criminal justice (E/CN.15/1999/7).

67. At its 11th meeting, on 4 May, following an introductory statement by the representative of the Centre for International Crime Prevention, the Commission heard a statement by the Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography. The Commission then heard statements by the representatives of China, Austria, the Netherlands, the Islamic Republic of Iran, the Republic of Korea, Bolivia, France, Egypt and Colombia. The representative of Armenia made a statement in right of reply. The observers for Israel, South Africa, Canada, Australia, Finland, Malta, the Syrian Arab Republic and Uganda also made statements.

68. At the 12th meeting, on 4 May, a statement was made by the representative of Argentina. The observers for the Sudan and the United Kingdom of Great Britain and Northern Ireland also made statements. The observer for the World Society of Victimology made a statement.

69. At the 13th meeting, on 5 May, the Chairman summarized the deliberations on agenda item 7.
 
 

B. Deliberations
 
 

70. At the outset of the discussion, the Special Rapporteur on the sale of children, child prostitution and child pornography stated that standards and norms in juvenile justice were important for the work of the United Nations High Commissioner for Human Rights. Shedding light on the problem of children as victims of crime, she reported that many children were forced into prostitution, child pornography and other forms of exploitation. Such children should not be criminalized because of that, but should rather be treated as victims. When children were giving evidence as witnesses, police officers should use a more appropriate language and behaviour to avoid further traumatizing them. The Special Rapporteur underlined the importance of the guide for policy makers on implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (E/CN.15/ 1998/CRP.4) and the handbook on justice for victims on the use and application of the Declaration (E/CN.15/1998/ CRP.4/Add.1). In that context, she recommended that the United Nations prepare a manual that would focus on child victims and would thus serve as a guide for those working with children as victims. Child pornography was an issue that needed urgent attention by the Commission, in particular in the context of computer crime and the use of the Internet.

71. Several participants welcomed the concise report of the Secretary-General on the use and application of United Nations standards and norms in crime prevention and criminal justice (E/CN.15/1999/7).
 
 

1. Victims of crime and abuse of power

72. Some participants informed the Commission of their systems of victim assistance and compensation schemes, such as financial compensation and other forms of restitution. The need for improved victim assistance was stressed.

73. Several participants welcomed the plan of action for the implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the establishment of a coordination panel for technical advice and assistance on victim issues. A proposal was made to include the basic elements of the plan of action into the single declaration to be adopted by the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. A number of participants stressed the need to establish an international fund for victims of crime and abuse of power in response to Economic and Social Council resolution 1998/21 of 28 July 1998. Appropriate arrangements to administer the fund and to provide the necessary resources for it would need to be considered. Some participants suggested that the fund should also enable individual victims to obtain compensation. Others preferred to limit the focus of the fund to the provision of technical assistance, implementation of specific projects and organization of awareness campaigns. The representative of the Netherlands informed the Commission that his Government would host a meeting of experts in 1999 to discuss the establishment of the fund. Several participants expressed interest in taking part in the meeting.

74. The observer for the World Society of Victimology informed the Commission that the tenth International Symposium on Victimology would be held in Montreal, Canada, from 6 to 11 August 2000 and invited participants to attend that major event.

75. A number of participants emphasized the importance that the Commission keep the issue of victims of crime and abuse of power high on its agenda.
 
 

2. Administration of juvenile justice

76. Many participants echoed the call made by the Special Rapporteur to ensure that children and young people did not become victims of poor or ineffective justice systems. Even if children had committed crimes, many participants viewed alternatives to custody as responses to juvenile delinquency that were more promising than incarceration. Several participants informed the Commission about recent national reforms in the area of juvenile justice aimed at bringing the provisions for the administration of juvenile justice in their countries more in line with provisions of the Convention on the Rights of the Child (General Assembly resolution 44/25, annex). The need to broaden the scope of intervention for young offenders and to apply non-punitive measures outside the criminal justice system was underlined.

77. Many participants welcomed the establishment of the coordination panel on technical advice and assistance in juvenile justice and expressed the hope that the capacity of the United Nations to provide technical assistance in juvenile justice would be enhanced. Many participants considered that juvenile justice should remain a high priority in the work of the Centre for International Crime Prevention.
 
 

3. Prison conditions

78. The issue of prison conditions was addressed by a number of participants, who stressed the need to keep it under review by the Commission.

79. Many participants described the problem of prison overcrowding in their countries. In some countries, overcrowding was the rule rather than the exception and many more persons were put in custody than existing facilities would allow. In that context, some participants requested the Secretariat to facilitate the sharing of information on best practices concerning how to address the problem of prison overcrowding effectively. Some participants reported on successful initiatives to reduce the number of persons in custody by applying a wide range of non-custodial sanctions. For example, in one country, it had been possible to reduce the prison population from 200 prisoners per 100,000 inhabitants to 65 per 100,000. Reference was made to the Kampala Declaration, annexed to Economic and Social Council resolution 1997/36 of 21 July 1997, which provided guidance on how to reduce prison overcrowding. The Standard Minimum Rules for the Treatment of Prisoners⁵⁵ provided practical and useful guidance for prison staff and management. Their translation into local languages and wide distribution to prisons was recommended.

80. Many participants were of the view that rehabilitation and reintegration were needed to ensure that prisoners could return to society without resorting to crime. In that regard, more information on best rehabilitative practices by Member States would be required to help break the vicious circle of offending, imprisonment, release and reoffending.
 
 

81. It was stressed by most participants that the United Nations standards and norms in crime prevention and criminal justice had a very practical impact in ensuring efficient and effective prevention and control of crime at the national level. Several participants called upon States to encourage their authorities to improve their use and application of the standards and norms, as they had proved to be of particular relevance to the upgrading of the performance of crime prevention and criminal justice systems.

82. The system for gathering information on the use and application of United Nations standards and norms in crime prevention and criminal justice was considered a useful tool for benchmarking in order to identify the degree to which States applied those standards and norms. Only by using such a system could the Commission identify whether the international community had achieved progress in devising effective crime prevention policies and humane and fair criminal justice systems.

83. Many participants welcomed the draft questionnaires on the use and application of the United Nations Declaration on Crime and Public Security (E/CN.15/1999/CRP.5), the United Nations Declaration against Corruption and Bribery in International Commercial Transactions (E/CN.15/1999/CRP.6) and the International Code of Conduct for Public Officials (E/CN.15/1999/CRP.7).

84. Several participants indicated the willingness of their Governments to cooperate in the survey on the implementation of the United Nations Declaration on Crime and Public Security, which would generate baseline knowledge on how to upgrade the performance of justice systems in ensuring the security and safety of citizenry. It was proposed that the results of the survey be taken into account in the context of the work on the negotiation of the convention on transnational organized crime and the protocols thereto.

85. Finally, it was suggested that the Secretariat should make the information on the use and application of United Nations standards and norms in crime prevention and criminal justice available through the United Nations Crime and Justice Information network, in accordance with Economic and Social Council resolution 1997/32 of 21 July 1997.
 
 
 
 

C. Action taken by the Commission
 
 
 
 

86. At its 15th meeting, on 6 May 1999, the Commission approved for adoption by the Economic and Social Council a revised draft resolution entitled entitled "Administration of juvenile justice" (E/CN.15/ 1999/L.7/Rev.1), sponsored by Angola, Austria, Azerbaijan, Benin, Botswana, Burundi, China, Côte d’Ivoire, Croatia, the Czech Republic, Egypt, Finland, France, the Gambia, Georgia, Germany, Greece, India, Italy, Kuwait, Malawi, Mali, Namibia, the Netherlands, Oman, the Philippines, Poland, Portugal, Qatar, the Republic of Korea, Romania, the Russian Federation, Saudi Arabia, Slovakia, Spain, South Africa, the Sudan, Swaziland, Sweden, the Syrian Arab Republic, Togo, Ukraine, the United Arab Emirates, the United Kingdom of Great Britain and Northern Ireland and Zimbabwe. For the text, see chapter I, section B, draft resolution VI.
 
 
 
 

Chapter VII

A. Structure of the debate
 
 
 
 

87. At its 13th and 14th meetings, on 5 May 1999, the Commission on Crime Prevention and Criminal Justice considered agenda item 8. It had before it the following documents:

(a) Report of the Executive Director on the work of the Centre for International Crime Prevention (E/CN.15/ 1999/2);

(b) Note by the Secretary-General on the nomination of members of the Board of Trustees of the United Nations Interregional Crime and Justice Research Institute (E/CN.15/1999/8 and Add.1);

(c) Note by the Secretary-General on the proposed programme of work in crime prevention and criminal justice for the biennium 2000-2001 (E/CN.15/1999/9);

(d) Note by the Secretariat on the medium-term plan for the period 2002-2005 (E/CN.15/1999/11).

88. At its 13th meeting, on 5 May, following an introductory statement by the representative of the Centre for International Crime Prevention, the Commission heard statements by the representatives of Argentina, Austria, Japan, Romania and the United States of America. A statement was also made by the observer for Canada. The observer for the World Society of Victimology also made a statement..

89. At its 14th meeting, on 5 May, the Commission continued its discussion on agenda item 8. It heard a statement by the representative of India.
 
 
 
 

B. Deliberations
 
 
 
 

90. Participants noted the achievements of the Commission in managing its work in an effective and efficient manner and in providing strategic direction to the United Nations Crime Prevention and Criminal Justice Programme. Examples of the achievements of the Commission included the establishment of mechanisms such as the informal consultative group on resource mobilization, the significant reduction in the documentation, the reduction in the number of draft resolutions and the consolidation of proposals dealing with related issues. Support was expressed for the continued role of the bureau of the Commission in following up on the recommendations of the Commission during the inter-sessional period. It was noted that the role of the bureau was particularly important in guiding the work related to the preparations for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. It was suggested that the inter-sessional meetings of permanent missions, in addition to serving as a forum for information exchange, could be used to discuss substantive issues related to the work programme of the Centre for International Crime Prevention.

91. Several participants commented on the recommendations contained in the consolidated report on the outcomes of the functional commissions of the Economic and Social Council in 1998 (E/1999/3). In particular, reference was made to paragraph 22, recommendation 2, of the consolidated report, in which it was suggested that the Council might wish to consider whether the issue of violence against women should be addressed exclusively in the Commission on Human Rights, with the Special Rapporteur on violence against women, its causes and consequences making his or her findings available to the Commission on the Status of Women and the Commission on Crime Prevention and Criminal Justice. Strong objections were expressed to that recommendation, on the grounds that the criminal justice perspective was of particular relevance to the issue of violence against women. Accordingly, the Commission on Crime Prevention and Criminal Justice, as the principal policy-making body in the field of crime prevention and criminal justice, should continue to address itself to that issue. Reference was also made to section 8 of the consolidated report, entitled "Basic social services". It was noted that the linkages between social development and crime prevention had not been stressed, in spite of the fact that the issues of crime prevention and drug abuse prevention figured prominently in the Copenhagen Declaration and Programme of Action of the World Summit for Social Development.⁵⁶ It was suggested that the Commission on Social Development, in preparing for the five-year review of the World Summit for Social Development, held in Copenhagen from 6 to 12 March 1995, should take into account the relevant recommendations of the Commission on Crime Prevention and Criminal Justice concerning the linkages between social development and crime prevention.

92. It was underlined that the Commission on Crime Prevention and Criminal Justice and other functional commissions of the Economic and Social Council should closely coordinate their work, in particular in relation to issues such as drug control, human rights, juvenile justice, victims of crime, violence against women and firearms control. Such close coordination would ensure that the crime prevention and criminal justice perspective would be properly taken into account in the discussion of those issues. It was noted that the Commission on Crime Prevention and Criminal Justice was making every effort to reflect in its work the concerns of other functional commissions, in particular as they related to gender mainstreaming.

93. A number of suggestions were made with a view to achieving more progress in coordinating the activities of the functional commissions of the Economic and Social Council. Those suggestions included the following: organizing meetings of the secretaries of the functional commissions at least once a year; encouraging close collaboration of the substantive secretariats of the functional commissions; having the bureaux of the functional commissions represented at relevant meetings; institutionalizing the regular exchange of documents; sharing the lessons learned, in particular in relation to the impact of technical cooperation projects in the field and the development of benchmarks and indicators; and increasing the use of new communication technologies such as videoconferencing. The lack of resources for undertaking activities in pursuit of coordination was noted. Coordination of the activities of the functional commissions would be more effective once Governments also succeeded in coordinating further the positions taken at the functional commissions.

94. It was noted that there was close coordination between the bureau of the Commission on Crime Prevention and Criminal Justice and that of the Commission on Narcotic Drugs. Coordination with the bureaux of other functional commissions could not be ensured to the same extent owing to the lack of resources.

95. Several participants supported the approach of the Centre for International Crime Prevention in establishing

a hierarchy of priorities in its work and in focusing on transnational organized crime. It was noted that the global programme against trafficking in human beings, the global programme against corruption and the global studies on transnational organized crime, all of which had been initiated by the Centre, represented its effort to develop strategic programmes in a comprehensive and action-oriented manner. In welcoming those initiatives, some participants stressed that such initiatives required further refinement and the identification of specific steps for the implementation of the global programmes, including periodic evaluation and reporting, which would in turn require significant additional resources. A concern was also expressed that, at the same time, the Centre should retain a balance of priorities that went beyond the content of the global programmes.

96. It was stated that the Centre should act as a catalyst in the field of technical cooperation and assistance. Its efforts to coordinate its work with other United Nations bodies and relevant intergovernmental and non-governmental organizations were welcomed. The need to achieve greater integration and coordination of the work of the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network was stressed. One participant expressed concern about the contributions of the institutes to the Programme and called for increased efforts to enhance such contributions and achieve better coordination of work.

97. Many participants welcomed the preliminary outline for the programme narrative on crime prevention and criminal justice contained in the note by the Secretariat on the medium-term plan for the period 2002-2005 (E/CN.15/1999/11), as it would enable the Commission to provide input to the medium-term plan at an early stage of its preparation.

98. The attention of the Commission was drawn to the publication of the Global Report on Crime and Justice, the first report of its kind ever published by the United Nations. It contained a comprehensive presentation of global crime trends, statistics and developments, including new and emerging issues, such as transnational organized crime. The data and other information presented in it were drawn from various sources, including the periodic United Nations surveys of crime trends and operations of criminal justice systems.
 
 

C. Action taken by the Commission
 

99. The Commission was to recommend for appointment to the Board of Trustees of the United Nations Interregional Crime and Justice Research Institute three candidates to fill the vacant seats left by Simone Rozès (France), Sushil Varma (India) and Jan van Dijk (Netherlands). Four candidates had been proposed: Ann-Marie Begler (Sweden), Kumnravelu Chockalingam (India), Philippe Melchior (France) and Jeremy Travis (United States of America) (E/CN.15/1999/8 and Add.1). As the number of candidates was higher than the number of vacant seats, the Commission proceeded to select the three candidates by secret ballot, in accordance with the rules governing elections in the functional commissions of the Economic and Social Council (E/5975/Rev.1, rules 66 and 67).

100. At its 13th meeting, on 5 May, the Commission recommended that the Economic and Social Council should decide to endorse the appointment of Ann-Marie Begler (Sweden), Philippe Melchior (France) and Jeremy Travis (United States of America) to the Board of Trustees of the Institute (see chapter I, section C, draft decision III) for a five-year term beginning on 26 November 1999 and ending on 25 November 2004.
 
 
 
 

Chapter VIII
 
 

101. At its 13th meeting, on 5 May 1999, the Commission considered agenda item 9. It had before it a draft decision submitted by the Chairman entitled "Report of the Commission on Crime Prevention and Criminal Justice on its eighth session and provisional agenda and documentation for the ninth session of the Commission" (E/CN.15/1999/L.1/Add.7).

102. At the same meeting, the Commission heard a statement by the observer for Finland. The Commission recommended the draft decision for adoption by the Economic and Social Council. For the text, see chapter I, section C, draft decision II.
 
 
 
 
 

Chapter IX
 
 

103. At its 16th meeting, on 6 May 1999, the Executive Director of the Office for Drug Control and Crime Prevention made a statement.

104. At the same meeting, the Commission adopted by consensus the report on its eighth session (E/CN.15/ 1999/L.1 and Add.1-8) as orally amended. Statements were made by the representatives of Austria, Egypt (on behalf of the Group of African States), Germany (on behalf of the European Union), India (on behalf of the Group of 77 and China), the Republic of Korea (on behalf of the Group of Asian States), the Russian Federation (on behalf of the Group of Eastern European States) and the United States of America (on behalf of the Group of Western European and Other States). Statements were also made by the observers for Cuba (on behalf of the Group of Latin American and Caribbean States) and Qatar. The observer for the Council of Arab Ministers of the Interior also made a statement.
 
 
 
 

Chapter X

A. Opening and duration of the session
 

105. The Commission on Crime Prevention and Criminal Justice held its eighth session in Vienna from 27 April to 6 May 1999. The Commission held 16 meetings. The Committee of the Whole held its meetings in parallel with the plenary.

106. The eighth session of the Commission on Crime Prevention and Criminal Justice was opened by the outgoing Chairman of the seventh session, Cristina Luzescu (Romania).

107. At the opening meeting, Emomali Rakhmanov, the President of the Republic of Tajikistan, addressed the Commission. He noted that the recent upsurge in transnational crime had resulted in the penetration of central Asia by criminal groups and that the development

of effective legislative frameworks and legal mechanisms for fighting crime had become a priority of the new sovereign States in that area. Legal reform and the drafting of specific laws to counter corruption, organized crime and money-laundering were essential. He expressed appreciation for the invaluable assistance rendered to his country by the donor community and United Nations entities, including the Office for Drug Control and Crime Prevention. He expressed his concern that the situation in the Afghan-Tajik area might get out of control if joint measures were not taken immediately. He called for continued support for his country in its efforts to fight organized crime, adding that his Government was open to proposals on constructive cooperation with all interested Governments and international organizations to combat transnational organized crime.
 
 
 

B. Attendance
 

108. The eighth session was attended by representatives of 38 States members of the Commission. Also attending were observers for 76 other States Members of the United Nations, 2 non-member States, 1 entity maintaining a permanent observer mission to the United Nations, representatives of organizations of the United Nations system and observers for the institutes comprising the United Nations Crime Prevention and Criminal Justice Programme network, 14 intergovernmental organizations and 47 non-governmental organizations. A list of participants is contained in annex I to the present report.
 
 
 
 

C. Election of officers
 
 
 
 

109. At its 1st meeting, on 27 April 1999, the Commission elected the following officers by acclamation:

Chairman: Ana María Cortez de Soriano

(Bolivia)

(Austria)

110. The elected officers constituted the bureau of the Commission, which met several times during the session to consider matters relating to the organization of work and to strategic management.

111. Following her election, the Chairman of the eighth session made a brief introductory statement.

112. The Executive Director of the Office for Drug Control and Crime Prevention, noting the progress achieved in developing the convention against transnational organized crime, underscored four priority issues to be addressed: (a) abolition of bank secrecy in criminal investigations worldwide; (b) action against the misuse of offshore financial centres for money-laundering; (c) supporting the trend towards greater transparency in financial transactions; and (d) channelling the value of confiscated illicit resources back into the fight against transnational organized crime and allocating a portion of that value to supporting developing countries in their efforts in that area. He reported that the Centre had reinforced its technical cooperation efforts and refocused its work on the future challenges and mandates that would arise from the convention, especially through its newly launched global programme against corruption, global programme against trafficking in human beings and global studies on transnational organized crime.
 
 
 
 

D. Agenda and organization of work
 
 
 
 

113. At its 1st meeting, on 27 April 1999, the Commission adopted by consensus its provisional agenda (E/CN.15/ 1999/1), which had been agreed on by the Commission at its seventh session and approved by the Economic and Social Council in its decision 1998/227. The agenda was as follows:

114. At the same meeting, the Commission adopted the organization of work for its eighth session (E/CN.15/1999/ 1/Add.1), which included eight meetings for the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime and four meetings for the Committee of the Whole.
 
 
 

E. Documentation
 
 
 
 

115. The documents before the Commission are listed in annex III to the present report.
 
 

_____________
 
 

Annex I
 
 
 
 

States Members of the United Nations represented by observers
 
 

Algeria, Angola, Australia, Azerbaijan, Barbados, Belarus, Belgium, Bulgaria, Burkina Faso, Cameroon, Canada, Chile, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ethiopia, Finland, Georgia, Ghana, Greece, Guatemala, Haiti, Hungary, Indonesia, Iraq, Ireland, Israel, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Libyan Arab Jamahiriya, Lithuania, Luxembourg, Malaysia, Mali, Malta, Mauritania, Morocco, Monaco, Mozambique, Namibia, New Zealand, Nicaragua, Nigeria, Norway, Oman, Panama, Papua New Guinea, Peru, Portugal, Qatar, Rwanda, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Turkey, Uganda, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zimbabwe
 
 

Non-member States represented by observers
 
 

Holy See, Switzerland
 
 

Entities represented by observers
 
 

Palestine
 
 

United Nations
 
 

Secretary of the Fifth Committee of the General Assembly, Special Adviser to the Secretary-General on Gender Issues and Advancement of Women, United Nations Centre for Human Settlements (Habitat), Office for Drug Control and Crime Prevention, Department of Public Information, Office of the United Nations High Commissioner for Human Rights, Office of the United Nations High Commissioner for Refugees, United Nations Interregional Crime and Justice Research Institute, Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers, Special Rapporteur of the Commission on Human Rights on the sale of children, child prostitution and child pornography
 
 

Affiliated regional institutes and associated institutes
 
 

Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, Latin American Institute for the Prevention of Crime and the Treatment of Offenders, European Institute for Crime Prevention and Control, affiliated with the United Nations, African Institute for the Prevention of Crime and the Treatment of Offenders, International Centre for Criminal Law Reform and Criminal Justice Policy, International Institute of Higher Studies in Criminal Sciences, Naif Arab Academy for Security Sciences, National Institute of Justice, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, International Scientific and Professional Advisory Council
 
 

Specialized agencies
 
 

International Labour Office, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization
 
 

Intergovernmental organizations
 
 

African Development Bank, Council of Arab Ministers of the Interior, Council of the European Union, Customs Co-operation Council, European Commission, European Police Office, International Centre for Migration Policy Development, International Criminal Police Organization, International Federation of Red Cross and Red Crescent Societies, International Organization for Migration, League of Arab States, Naif Arab Academy for Security Sciences, Organization for Security and Co-operation in Europe, Sovereign Military Order of Malta
 
 

Non-governmental organizations
 
 

General consultative status:

Special consultative status:

Roster:

Annex II
 
 
 
 

Annex III
 
 
 
 

Agenda

E/CN.15/1999/L.1 and 10 Adoption of the report of the Commission

Add.1-6 and 8 on its eighth session

E/CN.15/1999/L.1/Add.7 9 and 10 Draft decision submitted by the Chairman

Agenda

Agenda

Agenda

Agenda