High Level Political Conference for the purpose of signing the United Nations Convention Against Corruption

Merida, Mexico 9-11 December, 2003

Government of India Ministry of Personnel, Public Grievances & Pensions

Mr. President,

A journey to Merida, the cradle of Mexican heritage on the emerald coast is a pleasure at any time for any cause. But our journey here at the gracious invitation of the Government of Mexico at this time for the purpose of extending support to the UN Convention against Corruption is a matter of particular pleasure. I would like to thank the Government of Mexico for its thoughtful gesture in inviting us and its generous hospitality and also congratulate H.E. Dr. Luis Ernesto Derbez, the Minister of Foreign Affairs of Mexico on his election as the President of the High-level Political Conference.

We would like to pay a special tribute to the late Chairman of the Ad Hoc Committee, the Ambassador Hector Charry Samper of Colombia. We also congratulate the other members of the Bureau. The United Nations Office on Drugs and Crime under the stewardship of Mr. Antonio Maria Costa also deserves our appreciation for providing excellent support to the Ad Hoc Committee.

Mr. President,

The United Nations has taken more than 50 years to come to deal with the scourge of corruption which has plagued the world for centuries. The deleterious effect of corruption has undermined the confidence of developing societies and hindered sacrifices by the present generation for the future. The stashing away of the national wealth of developing countries in the attractive money markets of the developed world has made a mockery of developmental assistance. National governments tried to combat corruption in their countries, but its international linkages including terrorism, drug trafficking and organised crime undermined these efforts as cooperation among countries in dealing with this issue was uneven and unsatisfactory. It was this situation that led to the UN General Assembly to call for a Convention against Corruption after the conclusion of a Convention on Trans-National Organised Crime. The UN Convention against Corruption, as it has emerged from the negotiations in Vienna, is a powerful weapon in the armoury of the international community in its fight against corruption and the crimes of organized crime syndicates.

India has been acutely conscious of the evils of corruption and has framed comprehensive legislation to deal with this phenomenon. The legislative framework is enshrined, among others, in the Prevention of Corruption Act which is constantly updated. We have a Central Vigilance Commission, an autonomous body, whose authority flows from a special legislation. Even the most powerful in the land are not exempt from the operation of the anti-corruption machinery in the country. Moreover, an independent judiciary and a free and vigilant press act as important sources of deterrence against corruption in India. Ultimately, our democratic structure itself ensures that the corrupt, when discovered, are denied the mandate of the people.

Mr. President,

India has been an active partner in the negotiations in Vienna right from the start. It was under India's chairmanship that the Open-ended Inter-governmental Expert Group, which was mandated to prepare the Terms of Reference for the negotiations of the proposed legal instrument, laid the sound foundations of the negotiations and established the framework for the Convention. Apart from the participation of our Permanent Delegation in Vienna at the numerous meetings, working groups and informal consultations, Indian experts from New Delhi spent as many as 8640 man hours in Vienna to participate in the negotiations. Our diplomats and experts made important proposals, helped to refine concepts and facilitated drafting of many articles. It was to India that the Ad-hoc Committee turned when there was a virtual impasse in the Working Group on Article regarding return of assets which is one of the fundamental elements in the Convention. The announcement of consensus on this Article by the Indian representative marked a breakthrough in the negotiations and improved the prospects of the Ad-hoc Committee completing the process within the stipulated period.

The Convention against Corruption is one of the most comprehensive legal instruments ever negotiated, even though many of its provisions are based on the Convention on Transnational Organised Crime. The entire international community has reason to feel satisfied with the final shape of the Convention. The coverage and depth of the Convention is a tribute to many delegations that literally burnt the midnight oil to reach the best possible consensus on every article. The speed with which the Convention was negotiated is unparalleled in the history of negotiations of international conventions. The deadline set in the General Assembly Resolution 56/260 of completing the negotiations by the end of 2003 appeared unrealistic on occasions, but the member states displayed considerable maturity and wisdom to ensure its completion on time.

The Convention has to be seen in its entirety and it may not be appropriate to highlight one or the other chapter in it. But the most important provisions from our perspective are the salutary provisions in the Convention which govern international cooperation and mutual legal assistance. At the heart of it is the Article relating to the return of illegally acquired assets to their rightful owners. The Convention contains effective preventive measures which should enable the member states to sharpen their internal laws to make them more effective.

We would have very much liked the provisions in the Convention on International Cooperation more focussed and mandatory. The Convention falls short of the General Assembly Resolution under the agenda item entitled "Preventing and combating corrupt practices and transfer of funds of illicit origin and returning such funds to countries of origin". Money laundering is another area which has not received adequate attention in the Convention. But we hope that, with the acquisition of experience of the working of this Convention, the Conference of Parties will take necessary measures to strengthen and broaden its provisions through appropriate additional legal instruments.

Mr. President.

Like other international conventions and treaties in the past, this Convention may also face many challenges of implementation. Unfortunately, we cannot leave Merida with the illusion that we have rid the world of the scourge of corruption. Much depends on the individual national governments which have to implement the Convention by not only strengthening their own internal laws but also by extending cooperation to other countries by following the Convention in letter and spirit. International criminals and terrorist organisations should not be allowed to enjoy the fruits of their crime anymore. The Convention which opened for signature will serve its purpose if the member states of the United Nations start devising measures internally and internationally to combat corruption. In the ultimate analysis, corruption, like other evils, has to be fought in the minds of men. The states can only provide incentives and disincentives that will help that transformation for the benefit of mankind.

Thank you Mr. President.

(HARIN PATHAK)

MINISTER OF STATE FOR PERSONNEL,

PUBLIC GRIEVANCES & PENSIONS GOVERNMENT OF INDIA