She hoped the convention would be signed by a maximum number of States on the occasion of the High-level Political Signing Conference, to be held in Mrida, Mexico, in December. This gave Saddam Husseins government the ability to use oil concessions as a way to buy friends and influence. AHMED ABOUL GHEIT (Egypt) said the return and restitution of cultural property to countries of origin was an issue linked to the right of all peoples to preserve their cultural legacy, which many international conventions had affirmed. Furthermore, it was not uncommon for cases to deal directly with issues concerning international peace and security. The question of the repatriation of illicitly acquired and exported assets was a priority for his country, as was that of money-laundering. Jordan was also honoured that its ambassador had been chosen to chair the Ad Hoc Committee. After complex negotiations, Denmark had returned the bulk of the manuscripts. The Court was also aware of the importance of keeping pace with technology to improve the internal functioning of its Registry. For example, if domestic law does not incriminate the bribery of foreign public officials, it cannot be enforced accordingly. More than 40 nations had been involved in the Year for Cultural Heritage, he noted. He believed the adoption of the International Convention for the Safeguarding of the Intangible Cultural Heritage was the result of dedicated international efforts to preserve the worlds intangible cultural heritage, which was often at risk of disappearing because of such unavoidable developments as industrialization and urbanization, but which should be regarded as the common assets of humankind. The return of property was not a practice to empty the museums of the world. On Monday, August 8th, they produced their firmestand most painfulconclusions to date. Moreover, the struggle against that evil required the participation of governments and those governed. Corruption is a serious economic, social, political, and moral blight, especially in many emerging countries. However, the convention alone would not solve the problem unless it was effectively endorsed. At first, the Legislative Guide for the Implementation of the United Nations Conventions against Corruption was developed as well as a Technical Guide to provide practical support to State Parties in implementing the main provisions under the UN Convention. As the 1954 Hague Convention had covered only the protection of cultural objects in times of armed conflict, there was an urgent need to develop an instrument that could serve as a moral and ethical reference point for the protection of cultural heritage in peacetime. Those negotiations had produced a profound understanding among countries that the time had come to elaborate a broad, comprehensive and effective instrument marking the international communitys determination to take joint action against the scourge of corruption. The actual implementation of the Convention into domestic law by States parties is evaluated through a unique peer-review process, the Implementation Review Mechanism. Corruption attacks the foundation of democratic institutions by distorting electoral processes, perverting the rule of law, and creating bureaucratic quagmires whose only reason for existing is the soliciting of bribes. The Role of Compliance in Fundraising: Investors and Red Flags! The Court acted as a guardian of international law and ensured the maintenance of a coherent international legal order. He said in order to improve efficiency, the Courts internal mechanisms were constantly under review. VICTOR G. GARCIA (Philippines) said that no country was immune from the effects of corruption. The Foreign Minister of Mauritius also spoke, as did the Chairman of the Ad Hoc Committee for the Negotiation of a Convention against Corruption. The 71-article Convention was annexed to the report of the Assemblys Ad Hoc Committee, which had been negotiating the treatys terms, scope and monitoring mechanisms for nearly three years. Adopts the United Nations Convention against Corruption annexed to the present resolution, and opens it for signature at the High-level Political Signing Conference to be held in Merida, Mexico, from 9 to 11 December 2003, in accordance with resolution 57/169; 3. Those visiting museums and documentation centres in Europe and North America could see the Libyan legacy. GAYAN, Minister for Foreign Affairs and Regional Cooperation of Mauritius, said he was happy to see that the Ad Hoc Committee had fulfilled its mandate with remarkable speed. article 11 of the united nations convention against corruption provides that: (1) bearing in mind the independence of the judiciary and its crucial role in com- bating corruption, each state party shall, in accordance with the fundamental principles of its legal system and without prejudice to judicial independence, take measures to strengthen nw:G0CbnX@i^L:CeU`'p|x! In June, he continued, the Court issued another order on a request for provisional measures by which it rejected a request of the Republic of Congo seeking the annulment of the investigation and prosecution measures taken by judicial authorities in France, following a complaint for crimes against humanity and torture allegedly committed in the African country. The United Nations Convention against Corruption 2003 is now the most important anti-corruption instrument with global scope of application. Cases should be solved on the basis of generally recognized principles of international law and with the application of civilized moral standards. In view of all existing and future international jurisdictions, his country felt the Court had a unique role to play and its strengths should be developed by all means possible. The UNCAC obligates Member States to undertake certain . If fully enforced, the Secretary-General concluded, the new instrument could make a real difference to the quality of life for millions of people around the world. 567 0 obj <>stream The acknowledgment and preservation of intangible cultural heritage were equally important tokens of the diversity of civilizations and social progress. Those cases had not only increased in number but had evolved in terms of the range of issues which required adjudication. So all the countries, when they find differences in their domestic laws, must rectify those deficiencies so the cooperation can go smoothly and fluently. ZINA ANDRIANARIVELO-RAZAFY (Madagascar) said there had daily been violations of the principles of international humanitarian law, conflicts and territorial and maritime disputes in recent years. While the convention addressed many important issues, such as preventive measures, which were of significant importance in combating corruption, he was particularly pleased that private sector corruption was included, and that the repatriation of illicit funds was finally covered by an international instrument. The Arab Anti-Corruption Organization, a non-profit independent civil institution, seeks to promote transparency and good governance in the Arab World. Ethiopia had lost close to 5,000 cultural and historical articles, in particular to Europe and North America. United Nations CTOC/COP/2022/L.7/Rev.2 Conference of the Parties to the United Nations Convention against Transnational Organized Crime Distr. Also, he reaffirmed its commitment to the Court, in which some of the countrys most eminent jurists had served. United Nations Convention against Corruption. JULIAN ROBERT HUNTE (Saint Lucia), President of the General Assembly, said that it was important to note at the outset that delegations had centered their statements on the need to reform and revitalize the Assembly and the United Nations as a whole. it can found also in Article 11 as outline in Article 6 paragraph c, such as, authorized to conduct pre . There was concern, however, that the increased number and diversity of cases before the Court would place an additional workload on judges. This is a particularly important issue for many developing countries, where corrupt officials have plundered the national wealth, and where new governments badly need resources to reconstruct and rehabilitate their societies". The vast majority of United Nations Member States are parties to the Convention (187 parties as of 6 . The convention had the merit of having gone beyond what was usually contained in such multilateral instruments by offering to the international community an exhaustive range of levels of intervention to combat corruption in all its known forms. But, only some provisions of the Conventions are mandatory for the countries. She expressed satisfaction over the outcomes of the negotiations in Vienna, in which the Union had played an active role, explaining that the final text provided States with a wide range of high standard and universally acceptable provisions, which would strengthen their capability in fighting corruption practices at national and international levels. SHIGEYUKI SHIMAMORI (Japan) said that the United Nations Year for Cultural Heritage had served to increase public awareness and foster respect for the cultural heritage of humanity. 443 0 obj <>/Filter/FlateDecode/ID[<442F1574F445EF4E9527921ED669BE36>]/Index[409 159]/Info 408 0 R/Length 160/Prev 1117121/Root 410 0 R/Size 568/Type/XRef/W[1 3 1]>>stream Also, given the proliferation of international tribunals in recent years, questions regarding the relationship between the various bodies with international jurisdiction had been raised. The international and uniform norms of conduct with regard to public affairs and the management of the private sector would supplement the existing legal arsenal to deal with corruption. And it is becoming an international phenomenon in scope, substance, and consequences. It should also consider the level of resources needed for it to fulfil its role as guardian of the rule of law. He supported the International Convention for the safeguarding of the Intangible Cultural Heritage, because intangible cultural heritage was just as much a reflection of a nations pride in its history and cultural identity as tangible cultural heritage. Statement by Assembly President on United Nations reform and revitalization. A harsh light began to shine on Mr. Sevan after his name appeared on documents found in Iraq after the American-led invasion of 2003. Indeed, considerable progress had been made on issues raised by the judgment, and the leadership of both nations had turned the boundary differences into an opportunity for expanded development and cooperation. The convention would also contribute to the improvement of the rules governing international trade by bringing greater transparency and equity to them. The Ad Hoc Committee had taken into account all approaches that had shown practical value in the fight against corruption. Every three years, one third of the seats fall vacant and the last elections to fill such vacancies were held on 21 October 2002. SARAH AL BAKRI DEVADASON (Malaysia) said the role of the International Court of Justice should not be underestimated in its effort to promote peace among nations. Adopts the United Nations Convention against Corruption annexed to the present resolution, and opens it for signature at the High-level Political Signing Conference to be held in Merida, Mexico, from 9 to 11 December 2003, in accordance with resolution 57/169; 3. She supported the comprehensive nature of the Convention, which included prevention and law enforcement measures, as well as innovative legal instruments on the transfer of funds of illicit origin and their restitution. He noted that the Court was immensely preoccupied with disposing of pending cases from its busy docket. But it did not stop there - it also required that governments take action in a number of areas such as public procurement, public financial management and in regulating public officials. The increase in the number and diversity of cases referred to the Court confirmed the confidence of States in the integrity of that principal judicial organ of the United Nations. The Missions objective was to document and catalog Indian manuscripts to facilitate their conservation and promote ready access to them through publication, both in book and electronic format. There was a broad attack on corruption, an emphasis on prevention, and measures provided for in the area of extradition, which would make the convention an effective instrument. A high level of participation at the signing conference in Merida, Mexico, was encouraged, in keeping with the commitment taken at Monterrey to fight corruption on all fronts. In particular, she saw the need to examine the possibility of increasing the number of permanent judges to deal expeditiously with pending and future cases. Through that participation, India recognized the common South Asian and South-East Asian cultural heritage. A discussion on measures to combat corruption in financial circles would also take place. The return or restitution of cultural property to the country of origin contributed to the strengthening of international cooperation, both on a multilateral and bilateral level. The United Nations Convention against Corruption (UNCAC) recognizes the role of civil society in combating corruption under Article 13, by calling on governments to increase transparency, improve public access to information and to promote public contributions to the government decision-making process. Noting the increasing number of cases appearing on its docket, he said the Court must make a concerted effort to establish a more efficient system of management, enabling it to render a greater number of judgements without sacrificing the quality of its work. She welcomed the judgment delivered in December 2002 on the dispute between her country and Indonesia regarding sovereignty over two islands. Welcoming the adoption of the convention, Secretary-General KOFI ANNAN, said corruption was an insidious plague that had wide-ranging and corrosive effects on societies. International cooperation was also critical for a successful campaign against corruption, he added. Global Programme for Strengthening Capacities to Prevent and Combat Organized Crime, Global Programme on Crimes that Affect the Environment, Expert Meeting on International Cooperation, Ad hoc committee to elaborate an international convention on countering the use of ICTs for criminal purposes, International cooperation and information exchange, The Monitoring Illicit Arms Flows Initiative, Global Programme against Money Laundering, United Nations Convention against Transnational Organized Crime, Conference of the Parties to Organized Crime Convention, Blue Heart Campaign against human trafficking, 20th anniversary of the UN Convention against Transnational Organized Crime (UNTOC20), Commission on Crime Prevention and Criminal Justice, Countering transnational organized crime and illicit trafficking/drug trafficking, Prevention, treatment and reintegration, and alternative development, Drug cultivation, production and manufacture, Statistical activities, surveys and standards, Convention against Transnational Organized Crime, Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Regional Programme for Afghanistan and Neighbouring Countries, Commission on Crime Prevention and Criminal Justice (CCPCJ), Conference of the Parties to the United Nations Convention against Transnational Organized Crime and its Protocols (UNTOC/COP), Conference of the States Parties to the United Nations Convention against Corruption (COSP), IMOLIN - the international money laundering information network, International Day against Drug Abuse and Illicit Trafficking (26 June), United Nations drug, crime and terrorism treaties, United Nations Trust Fund for Victims of Human Trafficking, United Nations Convention against Corruption, Expert meeting on International Cooperation, Countering forest loss in Africa through anti-corruption mechanisms, UNODC and European Union hold first-ever anti-corruption dialogue, Coding4Integrity: UNODC investing in young peoples interest in using technology to strengthen business integrity in Brazil and Mexico, FIFA and UNODC wrap up year-long global programme to tackle match manipulation in football, New Business Integrity Portal launched to bolster anti-corruption efforts in the private sector, UNODC-UN Global Compact anti-corruption e-learning tool for the private sector, Safeguarding Sport from Corruption and Crime, Global Operational Network of Anti-Corruption Law Enforcement Authorities (GlobE Network), OECD Monitoring Schedule (December 2016 - June 2026), International Youth Social Anti-Corruption Advertising Competition Together Against Corruption!. The adequate preservation and utilization of cultural heritage was the shared responsibility of the peoples of the world. The report of the International Court of Justice (document A/58/4 and Corr.1) covers the period from 1 August 2002 to 31 July 2003. Please see the links below to access the different language versions. In Afghanistan, the United Nations Resident Coordinator there called for urgent collective action to halt the devastating impact of climate change in the country. The United Nations 2003 adopted the UN Convention against Corruption (UNCAC), working on this area. The new convention was a remarkable achievement and complemented another landmark instrument, the United Nations Convention against Transnational Organized Crime, which entered into force a month ago. It was, he added, a balanced and pragmatic instrument which introduced a comprehensive set of standards, measures and rules that all countries could apply in order to strengthen their legal and regulatory regimes to fight corruption. They should also continue their cooperation with the United Nations and UNESCO for increased mobilization and action in favour of heritage values. Fields: AI, LegalTech, International Arbitration, Contract Drafting, Blockchain Languages: English, French, Arabic, Country Afghanistan Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bonaire Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory British Virgin Islands Brunei Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Cayman Islands Central African Republic Chad Chile China Christmas Island Cocos (Keeling) Islands Colombia Comoros Cook Islands Costa Rica Croatia Cuba Curacao Cyprus Czech Republic Democratic Republic of the Congo Denmark Djibouti Dominica Dominican Republic East Timor Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands Faroe Islands Fiji Finland France French Guiana French Polynesia French Southern Territories Gabon Gambia Georgia Germany Ghana Gibraltar Greece Greenland Grenada Guadeloupe Guam Guatemala Guernsey Guinea Guinea-Bissau Guyana Haiti Heard Island and McDonald Islands Honduras Hong Kong Hungary Iceland India Indonesia Iran Iraq Ireland Isle of Man Israel Italy Ivory Coast Jamaica Japan Jersey Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Laos Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Macao Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Martinique Mauritania Mauritius Mayotte Mexico Micronesia Moldova Monaco Mongolia Montenegro Montserrat Morocco Mozambique Myanmar (Burma) Namibia Nauru Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island North Korea North Macedonia Northern Mariana Islands Norway Oman Pakistan Palau Palestine Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Islands Poland Portugal Puerto Rico Qatar Republic of the Congo Romania Russia Rwanda Runion Saint Barthlemy Saint Helena Saint Kitts and Nevis Saint Lucia Saint Martin Saint Pierre and Miquelon Saint Vincent and the Grenadines Samoa San Marino Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Sint Maarten Slovakia Slovenia Solomon Islands Somalia South Africa South Georgia and the South Sandwich Islands South Korea South Sudan Spain Sri Lanka Sudan Suriname Svalbard and Jan Mayen Swaziland Sweden Switzerland Syria So Tom and Prncipe Taiwan Tajikistan Tanzania Thailand Togo Tokelau Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu U.S. Minor Outlying Islands U.S. Virgin Islands Uganda Ukraine United Arab Emirates United Kingdom United States Uruguay Uzbekistan Vanuatu Vatican City Venezuela Vietnam Wallis and Futuna Western Sahara Yemen Zambia Zimbabwe land. Like other anti-crime treaties, the convention established commitments to criminalize certain undesirable or harmful conduct -- in this case such actions as bribery, embezzlement, and money laundering. Like the war against terrorism, this war against corruption must enjoy the widest possible international consensus, he observed. The adoption sent a clear message that the international community was determined to prevent and control corruption. He shared the common feeling of satisfaction that todays international legal space would be enriched by that important document. He called on nations harbouring proceeds of corruption to remove all obstacles and return assets stashed in their midst. The Department of Public Information should play a more active advocacy role in that regard. He noted with satisfaction that the draft convention contained the necessary mechanisms in that regard, and hoped key provisions of the convention would be seen to work in practice. There, for the rst time the old principal- agent approach was moved back where mainly the victim (a society, private or public) and a passive corrupt . Through a multitude of programs and publications, the Organziation strives to combat corruption and raise awareness of its damaging impact on political stability and socio-economic development. Corruption is a complex social, political and economic phenomenon that affects all countries. Combating corruption was the desire of all nations, and the implementation of policies against corruption was needed around the world. He went on to highlight the specific cases, which included an October judgment on the maritime boundary between Cameroon and Nigeria, in which the Court found for Cameroon, and a January 2003 order indicating provisional measures by which the United States shall take all measures necessary to ensure that [three Mexican nationals, who are at risk of execution next month] are not executed pending final judgment. Corruption is a complex social, political, and economic phenomenon that affects all countries, especially undermines democratic institutions, slows economic development, and contributes to governmental instability. 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