HIGH LEVEL POLITICAL CONFERENCE

For the purpose of signing the

UN CONVENTION AGAINST CORRUPTION

Merida, Yucatan, Mexico, 9-11 December 2003

 

 

STATEMENT OF

THE HONOURABLE SIMEON A. DATUMANONG

Secretary of Justice, Republic of the Philippines

 

MR. PRESIDENT,

DISTINGUISHED DELEGATES,

LADIES AND GENTLEMEN

 

At the outset, allow me to convey my delegation's felicitations on your election as President of this historic event. Under your experienced hand, the Philippine delegation is confident that we will achieve this Conference's objectives.

 

I also wish to take this opportunity to extend our utmost appreciation to the Government of Mexico for hosting this High Level Political Conference for the Purpose of Signing the UN Convention Against Corruption and for the excellent accommodations given our delegation. While our countries are geographically afar, Mexico and the Philippines share the same historical past as long time colonies of Spain with the Galleon Trade plying both our countries so that we share the same culture and values and receive natural open friendship and hospitality.

 

The Philippine delegation has actively participated in all 7 sessions of the Ad Hoc Committee for the Negotiation of this Convention as in fact our Permanent Representative and Philippine Ambassador to the United Nations VICTOR GARCIA III was Chairman of the Sub-Committee on the Chapter on Criminalization. We are therefore very pleased with the approval by the ad hoc Committee and adoption by the General Assembly by resolution 58/4 of 31 October 20p approving the Convention.    As Secretary of Justice I have now signed the Convention as a manifestation of our country's resolute support of the Convention to suppress corruption worldwide.      As our President, Madam Gloria Macapagal-Arroyo reportedly said:

 

"Good governance has come of age through the sustained and diligent application of law and due process. We will fight corruption in the same degree that we are fighting terrorism and poverty.All the departments of government are gathering around this effort, fully supported by the private sector.      It cannot be done overnight but we must have the political will and perseverance to follow through. These cases will have a strong influence on stemming leakages in expenditures and shoring up revenue collections.    They have an effect on our economic stability as well as on our political security.

 

We are now hot on the trail of procurement and resource allocation reforms. We will stamp out opportunities for graft, as much as we will continue to pursue grafters. We need all Filipinos to help and support the government. Let us shake off our apathy and indifference and do our share in calling attention to stealing and profligacy in government."

 

At present the Philippines has made a headway in legislation of certain requirements under the Convention such as 1) criminalization of corruption under our Anti-Graft and Corrupt Practices Act of 1960; Confiscation of Unexplained Wealth Act of 1955; and Bribery, Malfeasance and Misfeasance in Office, Frauds and Illegal Exactions and Transactions in Government and Malversation of Public Funds or Property which are under our Penal Code since 1930, and our recent Anti-Money Laundering Act of 2000; 2) Protection to Witnesses under the Immunity to Givers of Bribery Act of 1975 and Witness Protection and Witness Compensation Program Act of 1991; 3) the Act Setting Standards of Conduct of Public Officials and Employees to uphold the Time Honored Principle that Public office is a public trust; 4) the consideration of a longer penalty and prescription under our Law on Plunder and the constitutional provision that recovery of assets shall not prescribe and    5) the jurisdiction to investigate is vested in only one agency the Ombudsman.

 

However, most importantly, we would like to see the implementation of provisions on international cooperation, extradition, mutual legal assistance and recovery and return of illegal assets which are the essence of this Convention.

 

Corruption has become a world wide phenomenon due to globalization and the propensity of our peoples to immigrate either as temporary or permanent citizens of foreign countries which could easily be a tool for siphoning illegal public funds to other nations. Thus, we have recently just extradited a noted politician to the US for illegal electioneering. With the signing and entry into force of this Convention we shall not be limited in requesting international cooperation thru bilateral treaties of mutual legal assistance and extradition but rather thru this multilateral convention.

 

Indeed, if proceeds of corruption have become international and have no known boundaries, our efforts to go after and regain them can be responded quickly through this Convention.     In closing I wish to thank the United Nations as a whole, the UN office on Drugs and Crime and the officials of the Ad Hoc Committee for steering the draft into what is now a Convention.            Thank you and Mabuhay.