UNITED

NATIONS

Council

GENERAL

E/CN.15/1996/8

1 April 1996

ORIGINAL: ENGLISH

COMMISSION ON CRIME PREVENTION

AND CRIMINAL JUSTICE

Fifth session

Vienna, 21 May-31 May 1996

Item 6 of the provisional agenda [*E/CN.15/1996/1.]

V.96-82002T

Paragraphs, Page

INTRODUCTION 1-3, 2

I. IMPORTANCE OF TECHNICAL ASSISTANCE 4-9, 3

II. OVERVIEW OF TECHNICAL COOPERATION ACTIVITIES 10-39, 4

A. Advisory services 14-23, 5

B. Training 24-28, 7

C. Fellowships 29-32, 8

D. Contribution to United Nations peace-keeping operations 33-39, 9

Paragraphs, Page

III. CRIME PREVENTION AND CRIMINAL JUSTICE AS AN EMERGING

FOCUS FOR INTERNATIONAL COOPERATION AND DEVELOPMENT 40-65, 10

A. The role of criminal law in the protection of the environment 42-46, 11

B. The crisis of law and order in new democracies 47-56, 12

C. The serious need for assistance in the area of corrections 57-58, 14

D. The reluctance of aid agencies and the growth of ad hoc initiatives 59-61, 14

E. The changing functions of the interregional advisers 62-65, 15

IV. CLEARING-HOUSE FUNCTION OF THE CRIME PREVENTION AND

CRIMINAL JUSTICE DIVISION 66-72, 16

V. THE CRIME PREVENTION AND CRIMINAL JUSTICE FUND 73-76, 17

VI. SUCCESSION OF STATES IN RESPECT OF INTERNATIONAL TREATIES

ON COMBATING VARIOUS MANIFESTATIONS OF CRIME 77-89, 18

VII. CONCLUSIONS AND ACTION REQUIRED OF THE COMMISSION 90-95, 21

A. Conclusions 90-92, 21

B. Action required of the Commission 93-95, 21

1. One of the main goals of the United Nations crime prevention and criminal justice programme, as formulated by the Ministerial Meeting on the Creation of an Effective United Nations Crime Prevention and Criminal Justice Programme held at Versailles, France, from 21 to 23 November 1991, is to provide technical assistance, including advisory services, particularly in respect of the planning, implementation and evaluation of crime prevention and criminal justice programmes, training and the use of modern communication and information techniques. [*See the statement of principles and programme of action of the United Nations crime prevention and criminal justice programme, approved by the General Assembly in its resolution 46/152 of 18 December 1991, annex, paragraph 17 (e).] In resolution 1992/22 of 30 July 1992, the Economic and Social Council decided that, under the guidance of the Commission on Crime Prevention and Criminal Justice, the secretariat of the programme should be responsible for facilitating the planning, coordination and implementation of practical activities in the field of crime prevention and criminal justice and decided to make technical assistance a standing item of the agenda of the Commission, beginning with the second session.

2. Because of the urgent and growing needs, Member States continued to express the wish that the capacity of the programme be further strengthened in technical assistance. Thus, the Economic and Social Council, in its resolution 1995/27 of 24 July 1995, expressed its determination to give effect to the resolutions and recommendations of the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, taking into account the guidance provided by the Commission at its fourth session, in order to strengthen the operational capacity of the programme. Furthermore, the General Assembly, in its resolution 50/146 of 21 December 1995, reaffirmed the high priority attached to technical cooperation and advisory services, stressed the importance of continuing to improve the operational activities of the programme, particularly in developing countries and countries in transition, and expressed its appreciation for the provision of the services of two interregional advisers. In its resolution 50/214 of 23 December 1995, the General Assembly also approved the continuing funding of the two posts of interregional advisers, together with other resources for technical cooperation activities, under section 20 (regular programme of technical cooperation), of the 1996-1997 programme budget.

3. The present report covers the technical cooperation activities and advisory services initiated or carried out from May to December 1995. It further discusses the growing role of crime prevention and criminal justice in international cooperation and development, as exemplified, inter alia, by the influence of criminal law in the protection of the environment and by the crisis of law and order in new democracies. The report also addresses issues related to the funding of technical cooperation. In a separate section, the report summarizes information received from Member States on the succession of States in respect of international treaties on combating various forms of crime.

4. The focus on delivery of technical assistance [*See also: (a) the working paper prepared by the Secretariat on international cooperation and practical technical assistance for strengthening the rule of law: promoting the United Nations crime prevention and criminal justice programme (A/CONF.169/4), submitted to the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders; (b) report of the Secretary-General on progress made in the implementation of General Assembly resolution 49/158 (A/50/432); and (c) report of the Secretary-General on the implementation of General Assembly resolution 49/159 on the Naples Political Declaration and Global Action Plan against Organized Transnational Crime (A/50/433).] to help countries to use law enforcement and criminal justice resources in a more effective and democratic way was reflected in the new format of the Ninth Congress. The decision to make technical assistance one of the items on the agenda of the Ninth Congress confirmed the central role of the operational activities within the programme. During the special plenary session of the Congress devoted to technical cooperation, it was stated that technical cooperation was indispensable to building and supporting both democratic institutions and effective criminal justice systems. All who spoke on the topic stressed that technical assistance benefited not only developing countries, but the international community at large, since it contributed to creating conditions favourable to peace and stability.[Note1] During the debate, it was pointed out that technical assistance had to respond promptly to the needs and the priorities of Member States, and that its modalities should reflect the local level of development, social and regional characteristics and resources. Specific reference was made to the possibility of considering, in some regions, traditional forms of criminal justice as additional tools for implementing international norms and standards. The difficulties in rebuilding collapsed institutions as well as the need for criminal justice systems to regain the trust of citizens after years of dictatorship and abuse by the political powers emerged from the statements made by representatives of those countries which in recent years have been afflicted by war and civil strife. It was pointed out, for example, that a well-trained and well-equipped police was a necessary component of democratic societies. Representatives of countries in transition underlined their need for continuous assistance from the international community to strengthen their criminal justice systems to counter the threat of organized crime.

5. At the Ninth Congress, Member States, in the resolution concerning recommendations on the four substantive topics of the Congress, took note of the important processes of democratization, strengthening the rule of law and increasing transparency in States and recommended that the international community should support such efforts as part of its contribution to sustainable development.[Note2] Member States were invited to actively support the programme in organizing and carrying out operational activities by means of extrabudgetary contributions and the Commission was invited to call on the United Nations Development Programme (UNDP), the World Bank and other international, regional and national funding agencies to support technical cooperation activities devoted to strengthening the rule of law and cooperation with the programme, in order to ensure proper coordination. The Commission was also invited to request the Secretary-General to further strengthen operational activities in developing countries and countries in transition, by providing, drawing upon extrabudgetary contributions, advisory services and training programmes and by carrying out field studies at the national level.

6. The Commission, at its fourth session, emphasized the importance of technical assistance, especially as new dimensions of crime, namely its transnational aspects, call for solutions requiring the strengthening of channels of cooperation, particularly in developing countries and countries in transition. It was also noted that further modalities had to be explored in addition to the existing forms of providing technical assistance, including advisory services aimed at drafting new legislation, at adapting model laws, and at developing comprehensive national criminal legislation, training activities, exchange of information, and assistance provided as part of peace-keeping operations.

7. The Secretary-General, in his report, considered by the General Assembly at its fiftieth session, on progress made in the implementation of General Assembly resolution 49/158 of 23 December 1994 (A/50/432), analysed the importance of and the need for technical assistance in the field of crime prevention and criminal justice. In the report, particular attention was drawn to the new approach in United Nations activities, which emphasizes the complementarity of justice and peace and development and the need to address them simultaneously. The report, inter alia, highlighted that success in building democratic institutions and reviving the economy of a country depends largely on the observance of the rule of law and adequate security for persons. These are as essential for democratic development as they are for economic development. The lack of a secure environment for economic growth can discourage foreign investments. In addition, illicit operations siphon off vast sums that could have been used for the common good.

8. States which are going through a process of change and transformation from a centralized economic regime into a system with a market economy can be easy prey for criminals disposing of technological means and know-how. Training criminal justice personnel and updating obsolete criminal codes could contribute to successfully combating such a danger. The improvement of "governance", which includes a properly functioning criminal justice system, plays a central role in the rebuilding of a country following an international conflict or a civil war. The Secretary-General pointed out that: "As conflict typically takes a heavy toll on the mechanisms of governance, post-conflict efforts must pay special attention to their repair. Key institutions of civil society, judicial systems, for example, may need to be reinforced or even created anew. This means assistance for a variety of governmental activities, such as a fair system for generating public sector revenue, a legislative basis for the protection of human rights, and rules for the operation of private enterprise."[Note3]

9. The General Assembly, in its resolution 50/146 of 21 December 1995, recognized the direct relevance of crime prevention and criminal justice to sustained development, stability, security and improved quality of life, as well as the urgent need to increase technical cooperation activities to assist countries, particularly developing countries and countries in transition, with their efforts in translating United Nations policy guidelines into practice.

10. Since 1991, there has been a steady increase in the attention and resources devoted by the United Nations to technical assistance in the area of crime prevention and criminal justice. There are now two interregional advisers rather than one. They are associated with the Department for Development Support and Management Services (DDSMS), which has overall responsibility for development support, thus providing a link with headquarters entities. The crime prevention and criminal justice programme is also regularly involved in aspects of peace-keeping operations, whether by way of providing advisory services at the time of the overall planning of the mission, or by assisting in rebuilding criminal justice institutions as part of post-conflict reconstruction. The special role played by the programme in the reconstruction of the prison system in Haiti was acknowledged in the report of the Secretary-General on the United Nations mission in Haiti (S/1995/614). The programme also fielded missions in support of the United Nations efforts in Rwanda and Burundi. It is part of the innovative work of preventive diplomacy now being undertaken by the United Nations in the former Yugoslav Republic of Macedonia. Consideration was also being given to specific ways in which a substantive and technical contribution could be given, within their respective field of competence, to other components of the United Nations system in the current peace-keeping efforts in Bosnia and Herzegovina and eastern Slavonia.

11. Sharpening the focus of attention on operational and practical activities has increased the capacity of the programme to serve as the vehicle of choice for both bilateral and multilateral technical cooperation among Member States. As a result of the increased capacity, the programme last year considerably strengthened its operational links with both the United Nations International Drug Control Programme (UNDCP), with its regional offices, and UNDP, with its network of 136 offices serving more than 174 countries. With respect to UNDP, the crime prevention and criminal justice programme relied increasingly on the support of UNDP country offices, particularly for missions which were directly required by Member States. The programme also participated in UNDP organized missions. There was a growing recognition by certain UNDP regional bureaux that the programme is a unique resource within the United Nations system, and as such should be involved from the outset in development activities related to the administration of justice. The technical cooperation activities of the programme in the area of organized crime and corruption, such as the Regional Ministerial Workshop on Follow-up to the Naples World Ministerial Conference on Organized Transnational Crime, held at Buenos Aires from 27 to 30 November 1995, should now result in joint initiatives with UNDP and DDSMS to strengthen good governance by fighting corruption.

12. However, the measures imposed in September 1995 to deal with the financial crisis of the United Nations have particularly affected the advisory services and operational activities (Secretary-General's bulletin ST/SGB/278 of 14 September 1995). For example, because of those measures, several activities had to be postponed, such as the following: (a) a needs assessment mission to Liberia, where the advisory services of the programme were requested for the rebuilding of the central prison at Monrovia; (b) a mission to Macedonia on organized crime, crime prevention and terrorism; (c) the holding of a ministerial workshop for African countries on training in transnational organized crime; and (d) a resource mobilization mission to Scandinavian countries. Furthermore, the financial crisis of the Organization continues to impinge on the day-to-day operational capacity of the programme.

13. During the period under review, the Crime Prevention and Criminal Justice Division of the Secretariat, with the two interregional advisers for crime prevention and criminal justice based at Vienna, continued to provide technical assistance, including a broad range of activities, including: training courses, seminars and workshops; fellowships, needs assessment missions; advisory services; projects formulation and contributions to United Nations peace-keeping. The present section of the report gives a general overview of the technical activities initiated or carried out between May and December 1995.

14. Technical missions at the request of national Governments constituted a major part of the activities carried out by the interregional advisers. In Brazil, one of the interregional advisers was requested by the government to assess the conditions of the correctional system in order to prepare a project for its improvement. In Burundi, the purpose of the mission was to establish contacts with the local authorities regarding the holding in the future of a series of seminars for senior police officials.

15. One of the interregional advisers visited Kazakstan, Kyrgyzstan and Pakistan. The mission in Kyrgyzstan, organized by UNDP at the request of the Minister of Internal Affairs and conducted jointly with the United Nations Interregional Crime and Justice Research Institute (UNICRI), examined several aspects of the criminal justice situation, among them the state of the correctional services, the fight against organized crime and economic crime. The mission resulted in a report which in 1996 will be circulated to donor Governments to enquire as to what aspects they would be interested in financing. During the visit to Kazakstan, possible initiatives on prison reform and the possible use of criminal sanctions in the protection of the environment were discussed. The mission to Pakistan, jointly organized with UNDCP and carried out in September 1995, was a follow-up to an earlier mission and sought to have the government reaction to the draft report of that earlier mission. The same interregional adviser also visited Albania to discuss with the relevant authorities the formulation of two major projects on the reform of the administration of the correctional system and on the establishment of a new system of juvenile justice.

16. At the Ninth Congress, the two interregional advisers conducted a series of one-to-one interviews with all the delegations from least developed countries. The interviews highlighted the fact that least developed countries required considerable assistance with the development of one or more aspects of their criminal justice systems. The interregional advisers have compiled a compendium of those needs and, to attempt to meet the most urgent ones, have begun to work within the small budget allocated by the United Nations to the Division under section 20 of the programme budget for technical cooperation. To meet those needs, especially those which require a long-term commitment, funding will have to be obtained from donor countries.

17. The interregional advisers were also called upon to participate in expert group meetings, international conferences related to technical assistance, meetings with donor countries, development aid agencies, and interregional organizations for fund-raising and project implementation. One of the interregional advisers represented the Crime Prevention and Criminal Justice Division at the Conference on the Preparation of the Civilian Personnel of United Nations Peace-keeping Operations organized by the Austrian Study Center for Peace and Conflict Resolution, held at Schlaining, Austria, from 1 to 3 July 1995. The Conference considered the possible content of a training programme. It also considered the creation of a network of training institutes for such civilian personnel and accessible rosters of experts in the administration of justice to be shared among the Division, the United Nations Volunteers and the United Nations Department of Peace-keeping Operations. The same interregional adviser also participated in the twelfth meeting of the Group of Experts on Public Administration and Finance held at New York from 31 July to 11 August 1995, providing specific advice in the area of crime prevention and criminal justice as to the role of technical assistance in developing public administration capacity.

18. At the request of the United Nations High Commissioner for Human Rights, one of the interregional advisers attended an inter-agency meeting on technical cooperation in support of the work of the Committee on the Rights of the Child. He met with the members of the Committee and with other relevant United Nations agencies to attempt to coordinate technical cooperation activities among the latter in support of the recommendations of the Committee designed to enhance national implementation of the Convention on the Rights of the Child, adopted by the General Assembly by its resolution 44/25 of 20 November 1989 and annexed thereto.

19. One interregional adviser also participated in the Conference of the Ministers of Justice of the French-speaking countries, organized by the Agence de la Francophonie and held at Cairo. The Conference was attended by delegations from 47 countries, 29 headed at the ministerial level. In its report, it reaffirmed the importance of the conclusions of the Ninth Congress, and included a request for closer cooperation with the United Nations crime prevention and criminal justice programme. Cooperation with the Division was included in the programme of action of the Organization for the years 1996 to 2000 with the objective, on a global level, of furthering democratic governance and sustainable development under the rule of law through the promotion of an independent, accessible and efficient judiciary.

20. In November 1995, one of the interregional advisers participated in the Regional Ministerial Workshop held at Buenos Aires. The meeting discussed and analysed possible technical cooperation follow-up to that Conference, and two major regional projects, the first one dealing with transnational organized crime, the second one with corruption. During the Workshop, the interregional adviser also held numerous bilateral discussions with individual delegations (Bolivia, Chile, Costa Rica, Guatemala, Mexico, Nicaragua, Panama and Venezuela) as to possible future technical cooperation projects.

21. One of the two interregional advisers conducted a series of meetings with officials of the Canadian Department of Foreign Affairs and International Trade, the Canadian International Development Agency, and the Foreign and Commonwealth Office and Home Office of the United Kingdom concerning funding of technical cooperation projects in eastern Europe, the Commonwealth of Independent States (CIS) and Pakistan.

22. The United Nations crime prevention and criminal justice programme also includes a regional adviser for Asia and the Pacific, based at the Economic and Social Commission for Asia and the Pacific (ESCAP), whose post is financed by the Government of Japan. The regional adviser, during the period under review, undertook a mission to Vanuatu, upon request of the Ombudsman of Vanuatu and provided advisory services for staff training in connection with the Standard Minimum Rules for the Treatment of Prisoners.[Note4] He also served as a resource person in a seminar for senior policy makers on prisoner treatment and prison management. During an advisory mission to Fiji, the regional adviser visited several prisons upon request of the Fiji Prisons Service, and provided advisory services on prisoners' education and classification from the viewpoint of the implementation of the Standard Minimum Rules.

23. Furthermore, the regional adviser developed collaborative arrangements with, and provided advisory services to, various entities, including the Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, the Asia Crime Prevention Foundation, the Japan International Cooperation Agency, the Ministry of Justice of Japan and the Ministry of Justice of Thailand. In 1996, the regional adviser is expected to take in a regional project on community-based prevention of juvenile delinquency, to be implemented by ESCAP with the collaboration of the Asia and Far East Institute.

24. Training in crime prevention and criminal justice is vital as a means of improving skills and professionalism in all sectors of criminal justice. [*The Economic and Social Council, in its resolution 1992/22, emphasized the role of training and called on the United Nations crime prevention and criminal justice programme to serve as a worldwide training network for developing countries. In its resolution 1995/15 of 24 July 1995, the Council underlined the fact that one of the most effective ways to meet the needs of States in the area of crime prevention and criminal justice is through operational activities, such as training programmes.] Training efforts in this area, if included in the overall context of development, can help to formulate more effective and democratic national policies. Training has a multiplier effect when its target are trainers. Between May and December 1995, the Division received more than 30 requests for training in different fields, including correctional services, police, organized crime, drug trafficking, juvenile justice, crime prevention and peace-keeping. Some of the major initiatives undertaken in the training of personnel are presented below.

25. In response to a request for assistance received from the Governments of Malawi, Uganda and the United Republic of Tanzania, the Division organized at Kampala a workshop on the training of trainers of the custodial corps of the three African countries concerned. The purpose of the workshop, which was hosted by the African Institute for the Prevention of Crime and the Treatment of Offenders, was to present the Basic Training Manual for Correctional Workers, prepared by the International Scientific and Professional Advisory Council (ISPAC), and already successfully used in a similar workshop held at Barbados in April 1995. [*See the report of the Secretary-General on technical cooperation and strengthening of the United Nations crime prevention and criminal justice programme (E/CN.15/1995/6, paragraph 18).] The manual was also used as a training tool in a seminar for prison personnel held in Brazil from 28 August to 2 September 1995.

26. The Division cooperated with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, the Swedish International Development Agency (SIDA) and the office of the Special Representative of the Secretary-General in Burundi in organizing six training seminars for high-ranking Burundian police officials and military officers with responsibility for internal security. The seminars focused on the human rights aspects of the police work and on the use and application of international standards in crime prevention and criminal justice. Timing and content of the seminar seemed to be particularly relevant in view of the political instability of Burundi and the special role played within the country both by the police and the military forces. The Division also cooperated with the Raoul Wallenberg Institute in drafting a manual, Principes fondamentaux relatifs aux droits de l'homme et la justice pénale à l'intention des forces de police et de sécurité au Burundi, largely based on the content of the United Nations Criminal Justice Standards for Peace-keeping Police (the so-called "blue book"), a handbook prepared by the Division in cooperation with the International Centre for Criminal Law Reform and Criminal Justice Policy, and aimed at illustrating the international and national norms in the field of human rights and criminal justice to the Burundian police officers.

27. Following the model of the two-week training course held at Kiev in February 1995, the Division, within the framework of a UNDCP project, organized at Minsk a training course for police officers in charge of units operating in the field of organized crime, economic crime, general policing and training. The course aimed at giving the participants a good understanding of United Nations standards and norms in the area of crime prevention, law enforcement and cooperation in the fight against organized crime.

28. The programme, as part of its technical cooperation activities under section 20 of the programme budget, organized, with the Government of Argentina, a workshop on transnational crime for ministers responsible for criminal justice in the Latin American and Caribbean region. Ministers and other delegates reported on what they had learned about methods of dealing with organized transnational crime, and formulated a declaration on the subject that was to be implemented in part by two region-wide technical cooperation projects.

29. The Division organized for the first time a programme of fellowships in the field of crime prevention and criminal justice for developing countries and countries in transition, funded from the regular budget for technical cooperation. The fellowship programme is aimed at enabling the recipients to undertake practical studies in technical cooperation in any aspect of crime prevention, criminal justice or the relationship between crime and development.

30. During the period under review, six high-level criminal justice professionals from China, Cook Islands, Dominican Republic, Guinea, India and Jamaica were chosen. [*The six recipients were: Mrs. J. Bent, Director of Training for the Jamaica Constabulary Force (Jamaica); Mrs. O. Herrera Carbiccia, Judge of the Criminal Appellate Court (Dominican Republic); Mr. J. Sarangi, Deputy Inspector-General of Tihar Jail, New Delhi (India); Mrs. A. Tuara, Chief Probation Officer (Cook Islands); Mrs. Wu Yan Shi, Division Chief in charge of crime prevention and criminal justice matters in the Ministry of Justice (China); and Mr. N.Y. Sylla, Director of the Judiciary and Penal Administration of the Ministry of Justice (Guinea).] The recipients, selected among 106 nominees from Africa, Asia, Latin America and the Caribbean, eastern Europe and the CIS, focused their work on a wide range of topics, such as illegal arms and drug trafficking, money-laundering, organized crime, reform of the correctional system, juvenile delinquency, computerization of criminal justice information and crime prevention. All fellows were nominated by their Governments on the basis of their academic and professional experience in the criminal justice field, and, except for the recipient of the Cook Islands, they carried out their studies at the United Nations Office at Vienna under the direction of the Division.

31. On the basis of an evaluation of the first fellowship programme, the next cycle of the fellowship programme in 1996/97 will focus not only on studies to be carried out within the Division, but also on firsthand experience in institutions such as national research institutes of various countries, in order to allow for an exchange of experiences.

32. A senior prosecutor of Burundi was selected to receive the Leo Rosenthal Fellowship in juvenile justice for nationals of countries in Africa and Asia. The Leo Rosenthal Fellowship, established with funds bequeathed by a former United Nations freelance photographer who died in 1970, is offered with the specific purpose of enabling nationals of African and Asian countries to undertake programmes of study in the prevention of juvenile delinquency. The Leo Rosenthal Fellow carried out a study on the relationship between juvenile delinquency and preventive policies. [**The Leo Rosenthal Fellow, Mr. Deo Gratias Suzuguye, is a magistrate and first substitute Prosecutor-General of Burundi.]

33. The role of crime prevention and criminal justice in the maintenance of peace and security was emphasized by the General Assembly in the statement of principles of the United Nations crime prevention and criminal justice programme (resolution 46/152, annex, section I) recognizing that democracy and a better quality of life can flourish only in a context of peace and security for all. The Economic and Social Council, as recommended by the Commission, has approved several resolutions which stressed the role of the United Nations crime prevention and criminal justice programme as far as peace-keeping operations are concerned. [*Economic and Social Council resolution 1992/22 of 30 July 1992, 1993/34 of 27 July 1993 and 1994/22 of 25 July 1994.] In its resolution 1995/15 of 24 July 1995, the Council noted with appreciation the contribution of the United Nations crime prevention and criminal justice programme to United Nations peace-keeping and special missions, as well as its contribution to the follow-up to those missions, inter alia, through advisory services, and encouraged the Secretary-General, as a way of strengthening the rule of law, to recommend the inclusion of the re-establishment and reform of criminal justice systems in peace-keeping operations. Identical appreciation was expressed by the General Assembly in its resolution 50/146. [**See also General Assembly resolution 49/158 of 23 December 1994.]

34. The Division was requested to contribute directly to a number of peace-keeping missions of the United Nations with different tasks and goals, or indirectly by assisting Governments of countries where such peace-keeping missions were carried out. During the period under review, the Division provided assistance in particular to the operations deployed in Haiti, Rwanda and the territory of the former Yugoslavia. [***On the contribution given by the crime prevention and criminal justice programme to the United Nations peace-keeping missions, see the report of the Secretary-General contained in document A/50/432, paragraphs 44-47.]

35. In response to a request of the UNDP Resident Coordinator and the Head of the International Civilian Mission to Haiti, in January 1995, the Division had provided advisory service for the modernization of the correctional services in order to improve prison conditions. Following up that mission, the Division prepared a programme for penal reform, jointly funded by UNDP and the United States Agency for International Development (USAID), providing for a system of registration of prisoners, establishment of a penal administration system, training of prison wardens and renovation of certain detention centres. Six out of 15 prisons are being rehabilitated, including the national penitentiary. In July 1995, the Division, in cooperation with the Ecole nationale de la magistrature of France, also organized a training seminar for prosecutors, held at Port-au-Prince.

36. Following a request from the Minister of the Interior of the former Yugoslav Republic of Macedonia, one of the interregional advisers for crime prevention and criminal justice undertook a five day mission to that country. The purpose of the mission was to advise senior officials of the Ministry of the Interior on the implementation of five programmes concerning crime prevention; anti-corruption measures; measures against drug trafficking; money-laundering; and organized crime.

37. A mission to Kigali, Rwanda, was undertaken by the Division, including one of the two interregional advisers, to participate in the UNDP round table on the mid-point review of the assistance rendered to Rwanda. On that occasion, expertise and advisory services were provided by the Division in connection with the projects of DDSMS and UNDP on the rehabilitation of the judicial system and the correctional services of the country.

38. On the basis of the positive experience of the two previous workshops (January and November 1994), a third workshop for civilian police components of the United Nations Peace Forces (UNPF) was organized at Wiener Neustadt by the Division in cooperation with the Government of Austria and the Training Unit of UNPF.

39. More information on the contribution of the crime prevention and criminal justice programme to United Nations peace-keeping operations through the years are provided in an ad hoc conference room paper, which will be distributed to the Commission at its fifth session.

40. Since 1991, crime prevention and criminal justice has emerged as a distinct field in international cooperation and development. The renewal of the crime prevention and criminal justice programme in 1991 was in part driven by a realization that the United Nations' institutions and mechanisms had to be considerably strengthened to meet the need to expand international cooperation in this area. The creation of the Commission on Crime Prevention and Criminal Justice in 1991 was also a response to this need. In 1992, the programme became a separate section in the United Nations regular budget (section 13). In the budget for the biennium 1994-1995, a distinct allocation was made to the programme for the first time from the overall section 20 regular budget for technical cooperation. In its resolution 50/214, the General Assembly approved the upgrading of the Crime Prevention and Criminal Justice Branch to a Division.

41. The increased recognition of crime prevention and criminal justice has also been reflected in the institutional organization of and increased resources assigned to the area by Member States since 1991. Several Member States have created or reorganized offices in their ministries of foreign affairs to deal expressly with this field. In the United States, for instance, the Bureau of International Narcotics Matters in the State Department is now the Bureau for International Narcotics Matters and Crime. In Canada, the Division of Human Rights is now the Division of Human Rights and Justice. The recognition of this field as one of growing importance in international relations in foreign ministries is slowly permeating development assistance agencies as well, whether multilateral ones such as UNDP or national ones.

42. The United Nations crime prevention and criminal justice programme has a crucial role to play in protecting the environment through criminal law, by facilitating technical assistance, research, training, advisory services and education. The programme had received a clear mandate in Council resolution 1995/27 of 24 July 1995, in which the Council called upon the Secretary-General, as well as UNICRI and the regional institutes for the prevention of crime and the treatment of offenders, to continue research, exchange of information, training and technical cooperation facilitating the development of preventive, regulatory and other strategies on the role of criminal law in the protection of the environment, with an emphasis on: (a) needs assessment and advisory services; (b) assistance in the review or redrafting of legislation and the development of effective infrastructure; and (c) training of criminal justice and regulatory agency personnel.

43. Subject to the availability of resources, the Crime Prevention and Criminal Justice Division intends to develop operational activities and specific projects in the field of environmental crime. The Division further intends to encourage the development of integrated joint projects with the relevant United Nations entities. In pursuance of its mandate, and also in view of the specific requests from a number of countries for assistance and advisory services, the Division, in cooperation with UNICRI and the United Nations Environment Programme (UNEP), intends to prepare a pilot project to enhance the role of criminal law in the protection of the environment at the national as well as regional levels. The project would include needs assessment missions as to the state of the law in a given country and the preparation of new policy guidelines, rules and regulations, which could be codified and simplified, in order to ensure broad enforcement. In terms of assistance in reviewing or redrafting of legislation, the goal would be to prepare a comprehensive collection of all relevant environmental law. In addition, the project would include the establishment or strengthening of an environmental permit and enforcement system and the organization of training courses for criminal justice, law enforcement and administrative agency personnel. In order to endorse broad distribution of the knowledge, a standard-setting manual for practitioners would be prepared, and an electronic database accessible to judiciary, agencies and practitioners would be established.

44. It may be recalled that the Division has also elaborated, in cooperation with UNDP and UNICRI, a "Monograph on capacity building in criminal enforcement of environmental law". The Monograph identifies areas where concrete projects could be developed. It proposes elements on which technical assistance activities may focus, such as legislation, institution-building, enforcement tools, training and education.

45. In order to receive comprehensive information in the area of environmental crime on a more continuous basis, a roster of experts was established, including 180 experts in 52 countries which are regularly providing information as to the role of criminal law in the protection of the environment and the feasibility of the implementation of certain projects in their respective countries and regions.

46. In view of the work done in the field of the protection of the environment, the Commission may wish to provide guidance for further action and to consider the following activities:

(a) Assessing the priority to be given to the topic of criminal law in the protection of the environment at the future sessions of the Commission, in order to decide whether to include the issue as a standing item of its agenda of work, and whether to request the Secretary-General to report on the issue to future sessions of the Commission;

(b) Identifying a workshop or a seminar to be convened in order to continue research on the subject;

(c) Taking note of the "Monograph on capacity building in criminal enforcement of environmental law", and requesting the Secretary-General to insure its widest distribution;

(d) Reaffirming the importance of operational activities in the field of environmental criminal protection.

47. The end of the cold war precipitated the emergence of new democracies not only in eastern Europe and the former Union of Soviet Socialist Republics (USSR), but also throughout Africa and Latin America. In many countries, the fledgling democracies and their institutions are weak. There has been in many places a sharp decline in respect for Government, owing in part to the inexperience of the new leadership. The situation in those democracies is compounded by the sharp fall in standards of living and the general economic dislocation that has occurred in many places.

48. One of the greatest challenges facing the new democracies relates to their capacity to maintain law and order. The political and economic turmoil of the last five years has increased the levels of crime generally and organized crime in particular. In some places, organized crime has grown so strong that its strength puts into question the capacity of Governments to function in the interest of all citizens. In some instances, the police and the courts are still seen to be tainted by the former regime, and are therefore not completely trusted by ordinary citizens. In others, the police and the courts are seen to be ineffective in controlling crime. In many cases, because of the general economic downturn, States may not have adequate funds to keep talented people working for Government, whether in the police, the courts or the prison service. In virtually all such situations, funds are lacking for training or new equipment, resulting, on the whole, in a widening disparity in resources between organized crime and the police and the courts.

49. An example of the efforts undertaken so far is the assistance provided to CIS member States. It should be recalled that since the collapse of the former USSR, the Russian Federation and the other former Soviet republics have been experiencing an explosion in crime, especially organized crime. The liberalization of the market presented good opportunities for many groups to enter into organized crime activities. Businesses, both legal and illegal, are being taken over by mafia-type organizations, at an alarming rate. The growth of organized crime corrupts and threatens the Government, national and international security and the rule of law.

50. In an attempt to anticipate the difficulties a country in transition would encounter in the field of crime control, the Division, already in the initial stage of change in the former USSR, made efforts to provide assistance to it and, subsequently, to the Russian Federation and other CIS member States.

51. In October 1989, a memorandum of understanding regarding cooperation in the field of crime prevention and criminal justice was signed with the USSR Ministry of Internal Affairs. The Director-General of the United Nations Office at Vienna held several meetings with the Minister of Internal Affairs of the USSR and subsequently of the Russian Federation in Moscow and at Vienna, during which follow-up measures to implement the memorandum were discussed and agreed upon. International seminars on crime prevention strategies and control of organized crime were organized jointly by the United Nations and the Ministry of Interior of the Russian Federation and held in that country. UNICRI and the European Institute for Crime Prevention and Control, affiliated with the United Nations, conducted mutual research in the areas of urban crime, latent crime, crime prevention and control of organized crime.

52. In accordance with the request of the State Law Department of the administration of the President of the Russian Federation, technical assistance has been provided to that country in connection with judicial reform. The Division offered comments and advice on the draft legislation for the reform of the judiciary. On the basis of the results of a needs assessment mission, project documents were prepared and letters inviting contributions were sent to interested countries. Two donor meetings were held. The positive reaction of the Governments of Austria and France resulted in the training of a number of judges of the Russian Federation. Assistance in the computerization of courts is being provided by an expert of the European Institute, and the Government of Canada is considering a contribution for the training of prosecutors and lawyers. However, the lack of further contributions and certain internal political difficulties in the Russian Federation have not allowed project implementation to advance.

53. The Division rendered advisory services in connection with the new Criminal Code and Code of Criminal Procedure drafted in Belarus and the proposed Criminal Code of Ukraine. Training courses for police officers in charge of drug control units in Ukraine and Belarus were undertaken jointly with UNDCP. Additional activities were carried out to assist the CIS member States in their fight against organized crime.

54. In an effort comprehensively to assess the most pressing needs of those States, particularly with a view to coordinating existing assistance efforts, a number of meetings were organized. Thus, a seminar on fundamental issues regarding the criminal justice system for a nation in transition from a single-political-party system to a multi-party system was held at Trenianske Teplice, Slovakia, in September and October 1992, organized by the European Institute in cooperation with the Division, the Law Institute of the Ministry of Justice of Slovakia and the Society for the Reform of Criminal Law. In January 1992, the Division contributed to the conference on assistance to the former USSR, convened by the Government of the United States of America at Washington, D.C., by formulating measures to be urgently taken in the field of crime prevention and criminal justice, including control of organized crime, efficient and fair functioning of the criminal justice system, establishment of national crime prevention councils, training of law enforcement officials and non-violent conflict resolution. In February 1993, the Division, together with the European Institute, organized and hosted a meeting on practical assistance to countries of central and eastern Europe. The participants included representatives of donor countries, as well as intergovernmental and non-governmental organizations known to have a particular interest in technical cooperation activities and the provision of technical assistance to countries of central and eastern Europe in the field of crime prevention and criminal justice. In April 1994, the Division jointly organized with the European Institute a meeting on the United Nations crime prevention and criminal justice programme, hosted by the Ministry of Justice of Hungary. The meeting, which followed up the informal meeting of donor countries and organizations organized by the Division in February 1993 at Vienna regarding technical cooperation activities and assistance to countries of central and eastern Europe, was intended to present to the delegates of those countries the new orientation of the programme and its operational activities. The meeting was also meant to collect information on technical cooperation activities currently under way or planned in the countries of central and eastern Europe in order to facilitate coordination, and to explore the needs and priorities of these countries in the field of crime prevention and criminal justice.

55. In an effort to make the most rational use of scarce resources, and given the relevance of crime prevention and criminal justice issues to the reform process, the Division has taken steps to strengthen its cooperation with UNDP. For example, as earlier noted, the Division and the interregional advisers participated in the UNDP missions to Kyrgyzstan to assess technical assistance requirements in the area of democracy, governance and participation. The Division is organizing, in cooperation with the Organization for Security and Cooperation in Europe and UNDP, a subregional seminar entitled "Drugs and crime: new challenges" for the five CIS member States in Central Asia. The seminar, which will take place at Bishkek, Kyrgyzstan, from 10 to 12 June 1996, will deal with the following issues: national reports on drugs and organized crime, including a review of existing legislative and institutional frameworks for prevention and control; impact of drugs and organized crime on security, democracy and economic reform; prevention and control of corruption; money-laundering; legal and institutional reform; and regional and international cooperation: conclusions and recommendations.

56. In view of the renewed discussion of the problem of transnational organized crime at the summit of the seven major industrialized countries (Group of Seven), held at Halifax, Nova Scotia, Canada, the Division would be ready to cooperate with the established group of senior experts in identifying significant gaps and options for improved coordination and to propose practical action to fill such gaps. In this context, the Division could also be involved in technical assistance and advisory services to be provided to the Russian Federation and other emerging democracies, especially in connection with the formulation of special projects in good governance. In fact, several international funding agencies (such as the World Bank and UNDP) are currently financing projects for promoting good governance in developing countries, countries in transition and war-torn countries. A properly and democratically functioning criminal justice system is essential for good governance. Considering the scarcity of resources available, the consequent need of avoiding duplication of efforts as well as the mandate of the crime prevention and criminal justice programme, it would be advisable for the expertise of the programme to be systematically developed in the planning as well as in the implementation of projects aimed at re-establishing good governance.

57. The third area in which there are considerable needs but virtually no funding is that of prisons and corrections. Although some funding is being provided by donors for the renewal of prison buildings, for example in Haiti (assisted by USAID through UNDP) or Albania (assisted by the European Union), these are exceptions. Apart from the important work which the International Committee of the Red Cross continues to do by providing basic human comforts to prisoners such as blankets, very little is being provided by donors. So far, the Division has not been successful in attracting financial support for much-needed renewal of prison facilities in Uganda. What is needed is the minimum requirements to ensure proper sanitation. Everywhere, there is very little or no money for the renewal or the upgrading of staff. Together with ISPAC, the crime prevention and criminal justice programme has made efforts to meet some of the needs by giving regional training courses to the correctional services of several countries.

58. In spite of the 40-year existence of the Standard Minimum Rules for the Treatment of Prisoners, the situation of prisoners worldwide seems to have deteriorated rather than improved. The area of prisons and correctional services is generally one which requires a great deal of attention. The Division, along with ISPAC and some non-governmental organizations, is attempting to meet the enormous demands in this area.

59. Aid agencies everywhere have been slow in funding activities in justice. There are many reasons for this, including the fact that aid budgets are shrinking, and in a world of shrinking budgets, established programmes are invariably protected at the expense of new ones. Another reason is that the principal object of most development aid at present is the eradication of poverty. Furthermore, most aid programmes work on long lead times of effectively three to eight years. Accordingly, it is usually difficult to mobilize large amounts of money to deal with an emerging area such as crime prevention and criminal justice, especially when budgets are being cut. There is also a considerable residue of lingering doubt about the advisability of strengthening the operational capacity of a "repressive service" such as the police, especially where the democratic tradition is weak. For any or all of those reasons, aid agencies have been very slow to fund any activity in this field.

60. Notwithstanding the reluctance of aid agencies to fund assistance in crime prevention and criminal justice, new democratic Governments have received help. In the case of eastern Europe and CIS, the need for assistance has been satisfied through the intervention of police agencies in donor countries with their foreign ministries. The police agencies have been successful in making the case that the threats posed to the populations of western Europe and North America by the new organized crime groups in eastern Europe and CIS are serious enough to warrant a dramatic increase in funding of international police training programmes to bolster the police services of those countries in transition. There has been considerable growth in bilateral activity in this area over the last five years. The growth has been concentrated in the area of police training, and has been primarily directed towards eastern Europe and CIS. The funding has usually come from aid budgets, but is administered either by the police agency of the donor country alone, or with an office in the foreign ministry or aid agency. The amounts that have been expended over the last five years are considerable, at least when judged against previous levels of assistance in this area. The aid in this area has been for the most part uncoordinated (and in some cases competing), as the police agencies of each of the donor countries seek to establish through training courses their own network of contacts in the police agencies of the countries of eastern Europe and CIS. After five years of experience and experimentation, there is a sense that it may be appropriate to seek to coordinate and thereby rationalize the aid being provided in this area. The Division may have an important role to play in facilitating this coordination.

61. The amounts provided for court reform under various programmes aimed at reinforcing the rule of law have been smaller. These programmes have for the most part been bilaterally funded and driven by non-governmental organizations, such as the American Bar Association, in donor countries. Some of the aid has been coupled with assistance for legislative reform, although the amounts dedicated to criminal law have been apparently small.

62. In the past, the services provided by the Division, and particularly by the interregional advisers have consisted mainly in advisory services, revisions of national legislation and conducting training seminars. The needs of developing countries and countries in transition have changed. In order to face the challenges at the national, regional and international levels, the activities of technical assistance in crime prevention and criminal justice need to be conceived as part of the whole development process. The time has come for including the improvement or rebuilding of the criminal justice system in the formulation of national development policies. As underlined in the report of the Secretary-General on progress made in the implementation of General Assembly resolution 49/158, "the failure to incorporate crime prevention considerations in national planning has contributed to dysfunctional development, compounding inequities and precluding the enjoyment by all the people of the fruits of progress" (A/50/432, para. 8).

63. One of the first consequences of the recent changes is the need to reorient the services provided by the interregional advisers for crime prevention and criminal justice. The requests received in the last two years not only call for needs assessment missions or advisory services, but - increasingly - for operational activities to be planned and carried out by the Division. However, the observations made in the previous report of the Secretary-General to the Commission on technical cooperation and advisory services still apply: "In spite of the importance of training and advisory missions, the operational value of the programme will be judged on its capacity to formulate and implement technical cooperation projects, in order to satisfy the needs and expectations of Member States" (G/CN.15/1995/6, para. 65).

64. During the period under review, for example, the Division was asked to prepare the following project proposals, which have been sent to national Governments and international funding agencies for their consideration: (a) a project on the implementation in Albania of United Nations and other relevant European standards and norms in the area of juvenile justice; (b) a project for modernizing the penitentiary system in Albania by bringing it into line with the Standard Minimum Rules for the Treatment of Prisoners and with other European standards; (c) a project for improving good governance in relation to crime prevention and administration of justice in the former Yugoslav Republic of Macedonia; (d) a project for the modernization and reform of law measures and institutions dealing with the sentencing and disposition of criminal offenders in the countries of the English-speaking Caribbean to ensure their greater conformity with the United Nations standard minimum rules for the treatment of offenders; (e) a project on crime prevention and the rehabilitation of the correctional system in the area of Rio de Janeiro, Brazil; (f) a project to improve the cooperation between the judiciary and the penitentiary systems in the State of Rio Grande do Sul, Brazil; and (g) a project for a training seminar for prison officials in the CIS member States in central Asia.

65. Members of the Commission have repeatedly called for the programme to become more operational. Because of its strengthened capacity for technical cooperation, the Division has been able to formulate a number of well-conceived projects, which, however, need now to be implemented. What is required is the necessary funds to execute them. To that effect, Member States could work with the Division to ensure that adequate funding is obtained from appropriate agencies for such worthwhile projects by using the Crime Prevention and Criminal Justice Fund as an instrument for doing so.

66. Relevant information on technical assistance activities globally is crucial to the more efficient use of technical assistance resources in the field of crime prevention and criminal justice. Uncoordinated duplication of efforts is currently widespread. The Economic and Social Council, in its resolution 1994/22 of 25 July 1994, requested the Secretary-General to establish a database on technical assistance, integrating needs of Members States, particularly developing countries. In addition, the Secretary-General was requested, in Council resolution 1995/12, subject to the availability of extrabudgetary funds, to establish a regional database for central and eastern Europe.

67. In pursuance of the former mandate, efforts to collect the relevant information for the establishment of the database continued within existing resources. A form for collection of the relevant information was sent to all Member States, attached to a note verbale of the Secretary-General of 4 October 1995. At the time of writing of the present report, responses had been received from the following 23 States: Austria, Barbados, Cambodia, Canada, Finland, Greece, Holy See, Iraq, Japan, Malta, Namibia, Norway, Oman, Panama, Saudi Arabia, Slovenia, Sudan, Syrian Arab Republic, Sweden, the former Yugoslav Republic of Macedonia, Thailand,Turkey and Venezuela. Five responses presented information from donor countries, seven from recipients, and eight countries claimed to have neither received nor given assistance in this field. In addition, responses were received from three countries detailing their needs for technical assistance in crime prevention and criminal justice.

68. Information was provided on 56 technical assistance projects, not including assistance to central and eastern Europe. Of these, 45 consisted in the provision of seminars, training courses or workshops, of which 32 lasted one week or less. Six of the remaining 11 projects related to missions with the objective of signing agreements on mutual assistance in criminal matters, study visits or exchange of information. Two projects were presented as long-term assistance by the Government of Japan, with a project cycle of two years, in institutional reform, including provision of equipment, and in the provision of advisory services. Three projects related to the provision of assistance in the computerization of criminal justice, as well as the provision of computer and radio communications equipment. Two of those projects were implemented as assistance to the Namibian police by Germany and the United Kingdom of Great Britain and Northern Ireland.

69. Geographically, seven projects were not country- or region-specific, four were regional (two for Asia and the Pacific and two for Latin America and the Caribbean) and four subregional (two for southern Africa, one for the Caribbean and one for southern Europe). The remaining 41 projects were country-specific; of these, 28 were implemented in assistance to seven African countries in southern, central and eastern Africa, seven in assistance to five Asian countries, and six in assistance to countries of Latin America and the Caribbean. Of the country-specific projects implemented in Africa, 22 were seminars of one week or less in duration, organized by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. The Institute also provided information about two subregional seminars for States of southern Africa, as well as two seminars addressed to participants from developing countries in general. Of the country-specific information given on projects implemented in Asian countries, four were provided by Japan, which also reported on two regional projects in the Asia and the Pacific region and in the Latin America and the Caribbean region, as well as five projects that were not country- or region-specific.

70. The European Institute for Crime Prevention and Control, affiliated with the United Nations offered its services to establish and manage the regional database for central and eastern Europe. Extrabudgetary funding was provided to finance the establishment of the database. An account on the development of this project prepared by the European Institute will be presented to the Commission at its fifth session.

71. Measures to avoid duplication of efforts have been undertaken. All information provided to the European Institute will be duly submitted to the Division once processed and analysed. No information pertaining to central and eastern Europe will be processed by the Division. Information received in response to the note verbale of the Secretary-General from Member States on activities carried out in this subregion was therefore communicated to the European Institute for further processing.

72. Much more information is available through other sources, including other databases. It has, in this context, been suggested by one Government that the crime prevention and criminal justice programme enter into closer cooperation with UNDCP, and that the mechanism developed by UNDCP for eastern Europe, the Baltic States and CIS be applied also with regard to the wider area of crime prevention and criminal justice. Information would, in order to avoid duplication, only be submitted to UNDCP. The Division has, however, because of a lack of financial and human resources, so far been unable to set up the appropriate mechanisms for the exchange and processing of such information on a regular basis with UNDCP or with other entities. A fully operational clearing-house in the area of crime prevention and criminal justice should, all the same, take full advantage of such possible benefits from coordination.

73. In addition to increased regular budget allocations, which are still only a fraction of the funds that are required, the programme has further developed the Crime Prevention and Criminal Justice Fund, so that it could become a more useful instrument for Member States to fund, or for supporting technical cooperation activities of the programme. The Crime Prevention and Criminal Justice Fund was established in 1967, pursuant to Council resolution 1086 (XXXIX) of 30 July 1965. [*By approving resolution 1086 (XXXIX), the Council decided on the establishment of the United Nations Trust Fund for Social Defence. In accordance with paragraph 44 of the statement of principles and programme of action of the United Nations crime prevention and criminal justice programme (General Assembly resolution 46/152, annex, of 18 December 1991), the fund was renamed the United Nations Crime Prevention and Criminal Justice Fund.]

74. The Fund has been used to finance such operational activities as needs assessment missions to Cambodia and the Russian Federation; formulation of technical cooperation projects for those two countries; partial project execution (preliminary phase) for Cambodia; organization of training activities for civilian police of the United Nations Protection Force (UNPROFOR) in Austria, as well as the provision of advisory services and training in, inter alia, Burkina Faso, Burundi, Rwanda and Gaza for the Police of the Palestinian Authority; reprinting of the Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice; other publications, including the Handbook for United Nations Civilian Police (the "blue book") and the Manual on Domestic Violence; and the engagement of consultants for input to project formulation and advisory services.

75. Contributions to the Fund can be either general-purpose or earmarked for specific operational activities or for operational activities in a specific region. In the biennium 1994-1995, the following States contributed to the Crime Prevention and Criminal Justice Fund: [**The figures provided include both contributions and pledges. Not all pledges had been received by 30 April 1996.] Italy, [***Half of the annual contribution of Italy is used to support the functioning and operating of ISPAC.] 617,800 United States dollars (US$); Japan, [****The contribution of Japan was earmarked for a project on the control of firearms.] $159,895; France, [**The contribution of France was earmarked for the preparation of the Ninth Congress and for a technical cooperation project in Burkina Faso.] $123,877; Sweden, [***The contribution of Sweden was earmarked for two training courses for the Palestinian Police.] $34,535; Austria $30,646 and Argentina, Belgium, Brazil, Canada, Germany, Oman, Republic of Korea and Sri Lanka, all less than $25,000.

76. Some Member States continued to support the United Nations crime prevention and criminal justice programme by providing associate experts (Germany, Italy, Japan, Republic of Korea and Sweden) and consultants (Austria, France and United Kingdom).

77. In its resolution 4/1 of 9 June 1995, entitled "Succession of States in respect of international treaties on combating various manifestations of crime", the Commission emphasized the special importance of the consistent and effective implementation of international instruments on combating crime, and called upon successor States to confirm to appropriate depositories that they will continue to be bound by obligations under relevant international treaties on combating various manifestations of crime, to which their predecessor States were parties. It also urged the successor States to consider becoming parties to the international treaties on combating crime, to which their predecessor States were not parties, and requested the Secretary-General to render, upon request, advisory services with regard to the legal aspects of succeeding to or becoming party to international treaties on combating crime to successor States that are Members of the United Nations.

78. The Commission, in the same resolution, further requested the Secretary-General to include in his report on technical cooperation to be submitted to the Commission at its fifth session information received from Member States on the progress achieved in that area. Pursuant to this resolution, the Secretary-General, on 14 August 1995, sent a note verbale to Member States and United Nations bodies asking them to provide relevant information.

79. By 1 March 1996, the following States had replied: Australia, Austria, Bahrain, Bangladesh, Belarus, Bosnia and Herzegovina, Croatia, Holy See, Italy, Japan, Luxembourg, Malta, Qatar, Republic of Korea, Spain, Thailand, United Kingdom, United States and Yemen. Replies were also received from the United Nations Office of Legal Affairs, the Centre for Human Rights of the United Nations Office at Geneva and UNDCP.

80. In the answers received, some States observed that the issue of the opportunity of elaborating international instruments, such as a convention or conventions against organized transnational crime, was under discussion by Member States, in pursuance of the recommendations of the Naples Political Declaration and Global Action Plan against Organized Transnational Crime approved by the General Assembly in its resolution 49/159 of 23 December 1994. [*See also Council resolution 1995/11 of 24 July 1995, in which the Council requested the Secretary-General to provide advisory services and technical assistance to requesting Member States in the implementation of the Naples Political Declaration and Global Action Plan.] Since there was currently no convention or any other universal international treaty devoted specifically to matters of crime prevention and criminal justice in general, or specifically to organized transnational crime, only general comments on the importance of the issue could be provided, without any specific reference to international instruments related to law enforcement matters.

81. One successor State reported that it adhered to all international treaties, and made proposals to the police of other countries to sign new bilateral agreements, particularly on cooperation in combating all types of transnational crime, such as organized crime, drug trafficking and economic and financial crime. A few Governments replied that they were conforming to the rules and obligations emerging from relevant international treaties on combating various manifestations of crime.

82. One Government took the position, consistent with article 34 of the 1978 Vienna Convention on Succession of States in Respect to Treaties, that the successor States are bound by obligations of their predecessor States when a single State breaks up into two or more successors. With regard to multilateral activities intended to achieve the widest possible adherence to international treaties related to law enforcement matters, that Government supported the continuing efforts of the Secretary-General to provide technical assistance to successor States concerning accession or confirmation of their succession to such treaties. It also believed that such technical assistance should promote accession or confirmation of succession to all of the multilateral (both United Nations and regional) treaties involving law enforcement matters. This would include, at a minimum, the following instruments: Single Convention on Narcotics Drugs of 1961[Note5] as amended by the 1972 Protocol;[Note6] Convention on Psychotropic Substances of 1971;[Note7] United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;[Note8] Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970;[Note9] Convention on Offences and Certain Other Acts Committed on Board of Aircraft of 1963;[Note10] Convention for the Suppression of Unlawful Seizure of Aircraft of 1970;[Note11] Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971[Note12] and the 1988 Protocol supplementary to that Convention;[Note13] Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of 1973;[Note14] International Convention against the Taking of Hostages of 1979;[Note15] Convention on the Physical Protection of Nuclear Material;[Note16] Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation of 1988,[Note17] with the related Protocol;[Note18] Slavery Convention signed at Geneva on 25 September 1926 and amended by the Protocol done at the Headquarters of the United Nations, New York, on 7 December 1953;[Note19] Convention on the Prevention and Punishment of the Crime of Genocide of 1948;[Note20] and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment of 1987.[Note21]

83. Several respondents informed the Secretariat that since the issue of the succession did not apply to their countries there was no need to provide further information or comment.

84. The United Nations Office of Legal Affairs confirmed that Commission resolution 4/1 is consistent with the depository practice of the Secretary-General with regard to the succession of States to treaties. In accordance with this practice, a successor State is considered to be a party to treaties concluded by the predecessor State only upon a formal notification of succession on its part with explicit reference to the treaties in respect to which it wishes to succeed. [*The Office of Legal Affairs keeps an updated record of the status of international treaties deposited with the Secretary-General, including the following conventions on penal matters: (a) International Convention against the Taking of Hostages (General Assembly resolution 34/146, annex, of 17 December 1979; (b) International Convention against the Recruitment, Use, Financing and Training of Mercenaries (General Assembly resolution 44/34, annex, of 4 December 1989); and (c) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents (see United Nations, Treaty Series, vol. 1035, No. 15410).]

85. Since 1993, the Commission on Human Rights in its resolutions 1993/23 of 5 March 1993, 1994/16 of 25 February 1994 and 1995/18 of 24 February 1995 called on successor States to confirm to appropriate depositaries that they continued to be bound by obligations under international human rights treaties and urged those that had not yet done so to ratify or accede to those human rights treaties to which the predecessor States had not been parties. The Commission requested the human rights treaty bodies to consider the continuing applicability of the respective international human rights treaties to successor States, with the aim of assisting them in meeting their obligations.

86. Measures undertaken by various human rights treaty bodies included requests to successor States to submit special reports in respect of events affecting human rights after their independence. The successor States concerned were also encouraged to confirm their succession to the human rights obligations undertaken by the predecessor States and to accede to the conventions if predecessor States had not been parties to them. The chairpersons of the human rights treaty bodies, at their fifth meeting, held from 19 to 23 September 1994, noted with concern that a number of successor States had not yet formally confirmed to the Secretary-General their succession to the treaties. The chairpersons emphasized, however, that they were of the view that successor States were automatically bound by obligations under international human rights instruments from their respective dates of independence, and that observance of the obligations should not depend on a declaration of confirmation made by the Government of the successor State.

87. The status of succession, accession or ratification of human rights treaties by the new States successors to the former Yugoslavia, the former USSR and the former Czechoslovakia is shown in the annex to the report of the Secretary-General on succession of States in respect of international human rights treaties (E/CN.4/1995/80). It contains information in relation to the following conventions: International Covenant on Civil and Political Rights and Optional Protocol (General Assembly resolution 2200 A (XXI), annex, of 16 December 1966); International Covenant on Economic, Social and Cultural Rights (General Assembly resolution 2200 A (XXI), annex, of 16 December 1966); International Convention on the Elimination of All Forms of Racial Discrimination (General Assembly resolution 2106 A (XX), annex, of 21 December 1965); Convention on the Elimination of All Forms of Discrimination against Women (General Assembly resolution 34/180, annex, of 18 December 1979); Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly resolution 39/46, annex, of 10 December 1984); Convention on the Rights of the Child (General Assembly resolution 44/25, annex, of 20 November 1989); Convention on the Prevention and Punishment of the Crime of Genocide (General Assembly resolution 260 A (III), annex, of 9 December 1948); Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (General Assembly resolution 2391 (XXIII), annex, of 26 November 1968).

88. According to the information provided by UNDCP, only five of the newly independent States have deposited notifications of succession to the Single Convention on Narcotic Drugs of 1961, and have succeeded to the Convention on Psychotropic Substances of 1971, to that Convention as amended by the 1972 Protocol, and to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The official records on the adherence of States to the drug control conventions are maintained at the United Nations Office of Legal Affairs.22

89. With regard to the issue of the provision of advisory services to successor States raised in paragraph 3 of Commission resolution 4/1, the Office of Legal Affairs noted that it had provided informal advice on the succession of States in respect of international treaties generally, and, in particular, with regard to successor States of the former USSR. It stood ready to provide such assistance, either through the Commission or individually to States, as required. The Centre for Human Rights was planning two regional meetings on obstacles that States may encounter in considering ratification of, or accession or succession to, international human rights instruments. States which emerged from the former USSR would be invited to participate in those meetings. In response to requests of States and as part of its legal advisory project, UNDCP has assisted States, including successor States, in developing the legislative framework necessary to become parties to and implement fully the international drug control conventions.

Collaboration with other United Nations entities, specialized agencies, institutes and non-governmental organizations

90. Given the current resource constraints and the need for effective coordination and cooperation, consultations between the Division and DDSMS, the Centre for Human Rights, the United Nations Centre for Human Settlements (Habitat), UNDCP, UNDP, the World Bank, UNICRI and the institutes comprising the United Nations crime prevention and criminal justice programme network need to be strengthened and rationalized. Likewise, cooperation with non-governmental organizations active in the field of technical assistance must be expanded as a key strategy for the future of the programme. [*In this regard, it is important to recall that the World Conference of the Asia Crime Prevention Foundation, held at Bangkok from 15 to 17 November 1995, decided that the Foundation, in cooperation with the Division, should sponsor a comprehensive technical cooperation and assistance programme with special emphasis on: institutional reform and upgrading of criminal justice institutions; organization of training courses and seminars aimed at human resources development; and formulation and implementation of technical assistance projects in developing countries.]

Needs assessment and project formulation

91. Needs assessment missions so far have been one of the main activities of the advisory services of the crime prevention and criminal justice programme. They have proved to be an effective tool in analysing and more precisely defining the requirements for the various components of the criminal justice system of a country. Since there is an urgent need to go beyond a mere analysis, the formulation of projects aimed at improving or rebuilding the criminal justice system of a country and at improving its capacity to fight crime has become another important area of activities. In most cases, obtaining the support and assistance of funding agencies and donor countries in the implementation of those projects will be imperative.

Fellowship programme

92. The results of the new fellowship programme in crime prevention and criminal justice are promising. On the basis of experience with fellows mainly carrying out research and studies with the Division at Vienna, the next cycle will cover a wider range of external activities, including: visiting and working in institutions such as national research institutes, in order to allow for comparative studies; gaining first-hand experience at judicial training centres of different countries; and doing research and working with other United Nations entities in areas of cooperation between those entities and the crime prevention and criminal justice programme.

93. In order to meet the challenge posed both by the notable increase in requests to the crime prevention and criminal justice programme for technical assistance and by the changed nature of the requests, calling for more operational activities, the Commission may wish to consider:

(a) Strengthening cooperation between the programme and its traditional and new partners (DDSMS, UNDP, the Centre for Human Rights, the United Nations Centre for Human Settlements (Habitat), UNDCP, the World Bank, UNICRI, the network of institutes and relevant non-governmental organizations). In this connection, the Commission may wish to invite the United Nations entities and agencies working in the areas of good governance and institution-building to consult with the crime prevention and criminal justice programme when their projects deal with areas within the mandate of the programme;

(b) Reaffirming the high priority of technical cooperation, in particular operational activities, within the crime prevention and criminal justice programme, and calling for the further development and strengthening of the operational capacity of the programme;

(c) Reaffirming the need to regard technical assistance activities in the field of crime prevention and criminal justice as part of the whole development process of a country;

(d) Inviting Governments, specialists and consultants to contribute expert assistance during needs assessment and advisory missions and for project implementation;

(e) Recommending to the Secretary-General to make further use of the capacity of the crime prevention and criminal justice programme in the context of peace-keeping operations, including training courses for peace-keeping police, needs assessment missions and advisory services for rebuilding national structures.

94. With respect to the role of criminal law in the protection of the environment, while the Secretary-General will continue to give effect to the various provisions of Council resolution 1995/27, cooperating and coordinating with relevant institutes and programmes, the Commission may wish to take note of the activities initiated by the Secretary-General, as described in paragraphs 42 to 46 of the present report, and provide further guidance on the future course of action in this important field.

95. In view of the limited resources available under the regular budget, of the increase in the number of requests for assistance from States and of the current financial crisis of the Organization, the Commission may wish:

(a) To include as a separate item on the agenda of its sixth session the issue of the funding of international technical assistance in the areas of crime prevention and criminal justice. Member States would be invited to include in their delegations not only officers of their ministries responsible for criminal justice, but also those of government ministries or departments involved in the funding of international assistance generally, or in delivering international technical assistance in this particular area. UNDP, the World Bank and the regional development banks would be specifically invited to attend the sixth session of the Commission and to outline their approach to funding in this area;

(b) To recommend to Member States to continue to provide extrabudgetary contributions, both general-purpose and earmarked, to the United Nations Crime Prevention and Criminal Justice Fund. The present report outlines a series of worthy projects for which immediate funding is being sought. Member States should take steps to facilitate consultation between their funding agencies and the Division, for example, by designating a focal point to promote such consultation on the subject of project funding;

(c) To advise the Division on the ways in which the Secretary-General, in accordance with Council resolution 1994/22, should provide the United Nations crime prevention and criminal justice programme with adequate human and financial resources to support its technical assistance activities and advisory services and to strengthen their operational capacity.

1. Report of the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Cairo, 29 April-8 May 1995 (A/CONF.169/16/Rev.1), paras. 262-271. The report will subsequently be issued as a United Nations sales publication.

2. Ibid., chap. I, resolution I, sect. I.

3. Boutros Boutros-Ghali, An Agenda for Development, 1995 (United Nations publication, sales No. E.95.I.16), para. 29.

4. See First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 22 August-3 September 1955: report prepared by the Secretariat (United Nations publication, Sales No. 1956.IV.4), annex I, sect. A; see also Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice (United Nations publication, Sales No. E.92.IV.1), sect. C.15.

5. United Nations, Treaty Series, vol. 520, No. 7515.

6. Ibid., vol. 976, No. 14152.

7. Ibid., vol. 1019, No. 14956.

8. Official Records of the United Nations Convention for the Adoption of a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Vienna, 25 November-20 December 1988, vol. I (United Nations publication, Sales No. E.94.XI.5).

9. United Nations, Treaty Series, vol. 823, No. 11806.

10. Ibid., vol. 704, No. 10106.

11. Ibid., vol. 860, No. 12325.

12. Ibid., vol. 974, No. 14118.

13. International Civil Aviation Organization, document DOC 9518.

14. Ibid., vol. 1035, No. 15410.

15. General Assembly resolution 34/146, annex, of 17 December 1979.

16. United Nations, Treaty Series, vol. 1456, No. 24631.

17. International Maritime Organization, document SUA/CONF/15/Rev.1.

18. Ibid., document SUA/CONF/16/Rev.2.

19. Ibid., vol. 212, No. 2861.

20. General Assembly resolution 260 A (III), annex, of 9 December 1948.

21. General Assembly resolution 39/46, annex, of 10 December 1984.

22. See Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 1994 (United Nations publication, Sales No. E.95.V.5).