ECONOMIC CRIMES BUREAU

Division for International Affairs

Director Hakan Oberg Date 2003-11-25

Speech to be delivered by Attorney-General Klas Bergenstrand at the High-level Political Conference for the Purpose of Signing the United Nations Convention against Corruption, 9-11 December 2003, Merida, Mexico

Mr. President, Excellencies, Distinguished delegates, Ladies and Gentlemen,

Let me begin by sincerely thanking the Government of Mexico for hosting this Conference and for its generous hospitality.

I associate myself fully with the statement made on behalf of the European Union by the Italian Presidency. In addition to what has already been said by the Presidency, I would like to make a few comments concerning the successful work on the United Nations Convention against Corruption. The elaboration of this Convention has been extremely speedy as a result of a very constructive dialogue during the negotiations under the able leadership of the chairman of the Ad Hoc Committee, the late ambassador Hector Charry Sampler, Colombia, to whom I pay my respect. I would also like to avail myself of this opportunity to convey my condolences to his family and the Government of Colombia.

We can all congratulate ourselves in having reached an important goal in our continuous fight against corruption. The importance of our new United Nations Convention is shown by the active participation from all delegations in elaborating such a complex legal instrument in such a short time. That in turn also testifies to the deep commitment of the community of nations to seriously combat the phenomenon of corruption, which undoubtedly presents a major threat not only to individuals but also to society as such.

The United Nations has since the early 1990s made great efforts to combat corruption in a global perspective. Already in 1996 the United Nations adopted two important soft law instruments against corruption, the International Code of Conduct for Public Officials and the Declaration against Corruption and Bribery in International Commercial Transactions. This work has been followed up by the elaboration of a comprehensive programme providing technical co-operation to developing and transitional countries, namely the United Nations Global Programme against Corruption. I would like to commend the United

Nations Office on Drugs and Crime for its excellent work.

With this in mind, the General Assembly of the United Nations decided on 4 December 2000 to start the elaboration of an effective international legal instrument against corruption. This decision was a milestone. The international community showed its determination to combat corruption on a global level. The willingness and ability to fight corruption have been further stressed through the effective and constructive work done at the informal preparatory meeting of the Ad Hoc Committee on the elaboration of a United Nations Convention against Corruption in Buenos Aires and at the meetings of the Ad Hoc Committee in Vienna.

Effective national and international anti-corruption strategies require a multi-disciplinary approach, consisting of measures both of a preventive and of a law enforcement nature. This Convention provides States with a wide range of high standard and universally acceptable provisions, which will strengthen their capability in combating corruption practices at national and international level. Sweden appreciates the comprehensive nature of the Convention, which includes both prevention and law enforcement measures, as well as innovative legal instruments on the transfer of funds of illicit origin and their restitution.

From a community point of view it is always better to prevent a crime if possible instead of taking repressive measures. This is especially true in relation to corruption. Acts of corruption are hard to detect and may have far-reaching effects on the society. The United Nations Convention against Corruption is the first global anti-corruption instrument and it includes important provisions on how to prevent corruption, namely provisions on good governance, integrity, accountability and transparency including openness in the public sector. The inclusion of crime prevention measures marks a significant step forward. These issues are of utmost importance in combating corruption.

Corruption impoverishes national economies, undermines democratic institutions and the rule-of-law, and has a negative impact on the process of economic and social development. Therefore, Sweden attaches particular importance to preventing and combating corruption at all levels. Sweden continues to implement a comprehensive policy against corruption and, at the same time, believes that - in the time of globalization - the fight against corruption has become more urgent than ever and calls for a stronger action by all States in the framework of the United Nations. Adequate support should be given to the United Nations Office on Drugs and Crime, Vienna, including its Global Program against Corruption, so as to enable it to promote the entry into force of the

Convention against Corruption

Mr. President, Sweden recognizes that crime and criminal justice issues cannot be addressed solely at the national level. In order to be able to successfully meet the challenge from corruption, we must be prepared to fully cooperate on all fronts and at all levels bilaterally as well as regionally and globally. It is a shared responsibility, and we must all contribute. Sweden is convinced that our new Convention with its wide scope of application will make it possible to render effective mutual legal assistance and will thus prove to represent a key milestone for international cooperation in the future.

Now that we have successfully completed the negotiations on the Convention, we must not forget that this is only a first step. The next stage will be the entry into force of the Convention. In order for this Convention to really become the vital global instrument we all wish it to be in our fight against corruption, it is of vital importance that participating States at their earliest opportunity take the necessary steps to ratify the Convention. Having done that we must also see to it that the Convention is effectively implemented. To ensure a successful implementation of the convention the open dialogue of the negotiations has to be continued. Furthermore, special attention has to be paid to the needs and conditions of developing states and of states in transition. The aim must be to ensure a universal convention.

Mr. President, in signing the United Nations Convention against Corruption we are all jointly manifesting our firm determination to combat what we experience as one of the greatest threats to our society. Finally, I would like to assure you that the strong commitment of Sweden in our joint effort to combat corruption will be continued until the fight against corruption is won.

Thank you, Mr. President.