UNTOC REVIVAL
Commission on Crime Prevention and Criminal Justice
Civil Society Hearing
19 May 2015
Global Initiative against Transnational Organized Crime
Excellencies, Mr. Executive Director Fedotov, ladies and
gentlemen,
As the first panelist on behalf of ACUNS and the Global Initiative
against Transnational Organized Crime, allow me to address three
issues of global relevance in the spirit of cooperation and
effectiveness.
FIRST,
UNTOC ( The Palermo Convention) has reached the age of its puberty with
all the complexities of that maturation period. In the years to come - between
Doha and Tokyo – it will head towards the maturity. During its puberty period
the transnational organized crime has grown and internationalized much
faster and much broader and in many more manifestations than the
Convention was capable of envisaging, prioritizing or operationalizing.
Criminal networks are adapting, becoming more sophisticated, expanding
their reach, ignoring borders, and in general conducting themselves, it
appears, as though the Palermo Convention did not exist.
The conceptual, the policy and legal frameworks of the Palermo Convention
need to be revived by effective global political strategies that take account of
the evolving nature of transnational organized crime and the changed global
environment in which these criminal networks now operate. The use of
criminal justice tools to combat transnational organized crime are, on their
own, no longer adequate. Not only because of the changes of the global
crime itself but even more so because of the changes in the geo-political
environments and configurations. Today’s geopolitical configuration goes
above and beyond the states and governments; but so does the criminal
network configuration including illicit deeds and deal by governments, private
sector, TOC and terrorist groups, all of which are much more present than in
Palermo of 2000. Indeed, in certain configurations there is no state- there is
no government. And these are not isolated spots but I am afraid to say so,
the whole belts with an expanding trend. A more strategic approach, involving
additional tools and role players, and based on greater synergy with other
strategies that address international security challenges, needs to be put in
place and effected.
SECOND,
In addition to the above general consideration, allow me to highlight just few
issues of particular importance for furthering global conversation:
 Legalization of the proceeds of crime and their processing through
international trade and financial institutions in the framework of
organized transnational money laundering and corruption;
 Transnational organized crime, illicit economies, illicit trade and
sustainable development;
 Today’s human trafficking and smuggling of migrants have blurred the
Protocols’ distinctions: it is now indeed a migrant trafficking and human
smuggling
 Transnational organized crime, corruption and terrorism;
 Cybercrime and organized crime;

Environmental transnational crime, wildlife crime, criminal networks and
licit trade
THIRD,

UNTOC or for that matter UNCAC and Drug Conventions cannot further
remain almost divorced from each other as the two commissions appear
to be despite the efforts to bring them closer to each other. The
forthcoming UNGASS on Drugs has much relevance for UNTOC and
UNCAC but such , if not a symbiotic, then at least complementary and
cooperative relationship is certainly not in the forefront and one may
wonder whether it is even in the backyard.

Similarly, there appears not to be much strategic cooperation between
diverse international instruments and bodies thereof in charge of the
monitoring of their implementation such as the newly promulgated ATT;
the WHO’s Tobacco Control Convention; the ILOs conventions, e.g.
Forced Labour, Child Labour and Domestic Workers Conventions;
Human Rights Council and resolutions; etc.

There must be an effective monitoring, evaluation and review
mechanism which will provide for a multi-disciplinary and pluralistic
appreciations of the anti-crime and anti-drugs instruments from the
results-based and impact perspective. The review and evaluation must
be participatory and inclusive with a clear and positive contribution by
the civil society. A lesson from the Human Rights Council UPRs where
the contribution of the civil society is mandatory should be taken
seriously.
The SDGs platform and in particular Goal 16 but not only, provide an
excellent integrative framework in terms of the transparent and
inclusive international conversation on the three above mentioned
highlights, including the revival of UNTOC. Civil Society stands ready
to fully engage in such an international conversation on the
international strategic approaches to the ever-changing world,
including the criminal world. We must stop being self-referential and
inward looking and we must become more open and outward looking.