The High Political Level Conference for the signature of the UN Convention against Corruption

Speech on behalf of the Netherlands Government

By H.E. Jan-Jaap van de Velde, ambassador of the Kingdom of the Netherlands to Mexico

Mr. Chairperson. Excellencies, ladies and gentlemen.

On behalf of the Netherlands Government l want to express my gratitude to Mexico for hosting this High Political Level Conference for the signature of the UN Convention against Corruption. It is of course no coincidence that this conference takes place in Latin America: many countries from this pan of the world have been extremely active during the negotiations and Mexico was one of the countries who helped this process considerably by tabling a draft proposal. I am pleased to say that the Netherlands was also among this group of countries. From the very beginning i.e. the informal meeting which took place in Buenos Aires In 2001. Mexico and the Netherlands have worked closely together and were able to merge pans of our proposals and to identify directions for possible solutions. Whenever a full merger was not yet possible. On this important occasion, my Government wants to thank Mexico for this extremely useful form of co-operation, not only in Argentina but throughout the negotiations in Vienna as well.

When the Netherlands, together with Austria. Tabled its proposal for a draft Convention. There were a number of objectives that we wanted to achieve. And before mentioning these, l am pleased to share with you that the outcome of the negotiations largely reflects these objectives. In other words. In our opinion it has become a good and meaningful Convention.

Firstly. The fight against corruption needs a wide range of instruments: criminal law is important. As well as proper investigative procedures but also preventive measures are needed. The Convention reflects this comprehensive approach: the furtherance of integrity is as important as the punishment of those who have been found guilty of corruption. We shared this conviction with the Group of Latin American and Caribbean countries and 1 think that this is one of the reasons why the proposals for a new Convention that had been drawn up by Mexico. Colombia and the Netherlands and Austria were so similar in this respect.

Secondly, the Netherlands favored a Convention that would build. Whenever possible. On the achievements of the Transnational Organized Crime Convention. Since there was so little time between the adoption of the TOC-Convention and the negotiations of the Convention against Corruption. It seemed important not to deviate from the texts of the former instrument. Insofar as the subject matter was similar. l can assure you that if the two Conventions had contained very different language on similar issues. This would have made the ratification process of both Conventions extremely complicated: it would have been difficult to explain to the Dutch Parliament why these discrepancies had been deemed necessary. However. We can now conclude that the two instruments are compatible and do not contradict each other.

Thirdly, the Netherlands has always been sensitive to the argument that the Convention should be balanced and should reflect the legitimate interests of all States. Although in many areas we may be facing similar challenges. There are also areas where certain countries have specific interests. l mention in this regard the issue of asset recovery. The Netherlands Government fully recognizes the importance of this issue for the countries concerned and expresses the hope that the Convention will provide a platform for better and more effective international co-operation in this respect. We are willing to examine. Together with the UN Secretariat in Vienna and all parties concerned. What forms of technical assistance would be useful to help countries in their attempts to recover their assets. Times that politicians and senior civil servants can steal money and transfer it abroad without the possibility that these funds be returned to their rightful owner countries. should come to an end.

Does this mean that we achieved everything? Of course not: international negotiations are always a process of give-and-take. In the field of human rights my Government has certain concerns. especially with regard to the right to seek and receive information, as recognized in article 19 of the International Covenant on Civil and Political Rights. It is important that the UN Convention does not in any way undermine the existing body of international human rights standards. However, more generally the Netherlands is satisfied with the outcome of the negotiations and has signed the Convention in the full conviction that it represents an important step forward in the struggle against corruption.

We are now facing the end of a process that after the initial decisions in Vienna passed The Hague. When during the Second Global Forum on Fighting Corruption and Safeguarding Integrity the first informal discussions took place with regard to the contents of the UN Convention. Via Buenos Aires and Vienna we now arrived at Mexico. This alone reflects the global nature of the quest for a world free from corruption. On behalf of my Government l express the hope that we shall not leave it at words alone. But that the Convention will create the platform for effective international co-operation in this field and that one day we can conclude that the Convention has proven to be an effective instrument in the fight against corruption.

Thank you. Mr. Chairperson.