OSCE, Alm.del - 2009-10 - Bilag 47: 3rd Committee Report

One of the objectives of our Committee is undoubtedly to identify the policies bestsuited to countering corruption and organized crime, inasmuch as both phenomena have anegative impact on the functioning of democracy and the rule of law. Corruption contributesto – and is frequently the primary cause of – violations of human rights and the rules ofdemocracy when, for example, it impedes the proper and legitimate work of the police andsecurity forces and of the judiciary, whose duty it is to protect the rights of citizens.According to detailed studies conducted around the world, including in OSCEparticipating States, violations of human rights are most numerous where the level ofcorruption is highest, inasmuch as systematic corruption flourishes when the institutionsentrusted with enforcing respect for human rights do not do their work properly.As parliamentarians, therefore, we should ask ourselves what the limitations are thatprevent States from combating corruption and organized crime. One of these limitations is thepoor functioning of the rule of law and the inability to respect the separation of powers. Thisprevents States from confronting crime effectively, and it is for this reason that the rights ofcitizens are not protected as they should be.Accordingly, it is important to reaffirm the centrality of the OSCE in counteringorganized crime and corruption, especially because the OSCE considers the interdependencebetween security, development and respect for human rights to be a central aspect of itsmission.The connection between respect for fundamental freedoms and corruption isparticularly well illustrated by the Corruption Perceptions Index (CPI) compiled byTransparency International1, and by the World Bank Institute’s indices of respect for the ruleof law.2According to the CPI, which classifies countries around the world according to theperceived level of corruption among public officials and politicians, corruption is defined as“the abuse of entrusted power for private gain”. The highest level of corruption is 0, while thelowest is 10. The indicators used by the World Bank Institute are based on transparency, thequality of legislation, the rule of law and government effectiveness; 0 is the highest level,while 100 is the lowest.When the results of these studies are combined, it becomes evident that 18 OSCEcountries are simultaneously experiencing the highest level of corruption and the lowest levelof respect for democracy and the rule of law, and that among them, the most serious casesinvolve the States of the former Soviet bloc, in which democracy and respect for the rule oflaw were established later than in other parts of the OSCE area.

-2-Ten OSCE countries, however, show a fairly high level of corruption (albeit not thehighest), together with an extremely dysfunctional form of democratic government; another19 OSCE countries show a medium level of corruption and observe the principles ofdemocracy and the rule of law imperfectly, albeit in a manner deemed acceptable. It must beunderscored that only in seven OSCE countries is there a low level of corruption togetherwith a high level of respect for the rule of law and democracy. This calls into question thepolitical and governing classes of the overwhelming majority of OSCE countries, which arestill unable to ensure for the citizens of their countries a level of economic and democraticdevelopment that would allow corruption to be monitored and combated effectively.Of all OSCE countries, two in particular – Bulgaria and Romania – are an exceptionto the aforementioned groups, because they have a good level of governance and respect fordemocracy, but also a high level of corruption. One of the reasons for this is that thegovernment authorities neither promote nor adopt policies and practices to preventcorruption.The recent political crisis in Kyrgyzstan is an important example of how politicalcorruption and its perception can make it difficult for the institutions of a State to functiondemocratically. The demonstrations in April 2010 against the government ofKurmanbek Bakiyev – which led to violence, deaths and the control of governmentinstitutions through non-democratic means – were prompted by well-founded rumours ofwidespread corruption and widespread illegality within the government.In general, according to the 2009 edition of the Global Corruption Barometerpublished by Transparency International, the sectors and institutions of society in which thehighest levels of corruption are found are: political parties (68 per cent)3, public employees(63 per cent)4, parliament (60 per cent)5and the judiciary (49 per cent)6. This makes itnecessary to combat corruption in the political sphere during election campaigns, but not onlythen, and in the civil service and judiciary.According to the report “Building a global coalition against corruption”, published byTransparency International, the capacity of States to combat corruption and organized crimediminishes where the rule of law and its basic principles, in particular the principle ofseparation of powers, do not function correctly. This means that systematic corruption goeshand in hand with the malfunctioning of the institutions that should safeguard the rights ofcitizens.The entry into force of the Council of Europe Criminal Law Convention onCorruption (1999) – ratified by 42 OSCE participating States – represents an important stepforward with regard to these issues, and the same is true of the Council’s Group of Statesagainst Corruption (GRECO), which, among other things, is entrusted with monitoring theimplementation of the Convention.3456This sector is considered the most corrupt in the following OSCE countries: Austria, Bosnia andHerzegovina, Finland, Greece, Hungary, Italy, Serbia and the United Kingdom.This sector is considered the most corrupt in the following OSCE countries: Azerbaijan, Belarus, theCzech Republic, Lithuania, Poland, the Russian Federation and Ukraine.This sector is considered the most corrupt in the following OSCE countries: Romania and theUnited States. A notable increase, of around two per cent, was seen between 2004 and 2009.This sector is considered the most corrupt in the following OSCE countries: Armenia, Bulgaria,Croatia, Kosovo and the former Yugoslav Republic of Macedonia. A notable increase, of aroundsix per cent, was seen between 2004 and 2009.

Two sectors in particular highlight both the need to combat organized crime and thechallenges to be faced in terms of human rights, namely, trafficking in human beings andcybercrime.Trafficking in human beingsTrafficking in human beings is a modern form of slavery and represents a seriouscrime, as well as a clear violation of fundamental human rights, inasmuch as it reducesvictims to a state of dependency through threats, violence and humiliation. Such trafficking isalso a highly remunerative commercial activity for organized crime, which thus has anopportunity to earn considerable profits with limited risk.In February 2009 the United Nations Office on Drugs and Crime produced a globalreport on trafficking in persons, according to which the most common form (79 per cent) oftrafficking in human beings is for the purpose of sexual exploitation; the victims arepredominantly women and girls, and 20 per cent of all trafficking victims are children.According to the Office of the OSCE Special Representative and Co-ordinator forCombating Trafficking in Human Beings, hundreds of thousands of women, children andmen are the object of trafficking for the purpose of sexual exploitation in or via OSCEparticipating States every year. Nevertheless, the number of arrests, prosecutions andsentences of persons responsible for such trafficking remains low, while the number ofvictims continues to rise. This testifies to the huge job that remains to be done to combat thisterrible phenomenon.For example, according to a report by Save the Children on developing a child rights-based methodology for identifying and aiding child victims of trafficking, Italy is one of thekey destination and transit countries for child victims of international trafficking. The maintargets of trafficking for the purpose of exploitation of prostitution in Italy are adolescentgirls, and those barely of age, from Nigeria, Cameroon and the countries of Eastern Europe,especially Romania and Moldova, but also Bulgaria, the Czech Republic, Albania, Serbia andCroatia.A campaign being considered within the OSCE region on this issue includes thisseries of initiatives:(a)The OSCE Action Plan to Combat Trafficking in Human Beings and the OSCEanti-trafficking Mechanisms established in 2003 with the adoption of PermanentCouncil Decision No. 557;The Council of Europe Convention on Action against Trafficking in Human Beings(2005) – ratified by 28 OSCE participating States – particularly Article 3 thereof,which defines the non-discrimination principle and seeks to protect and promote therights of trafficking victims;The 1989 United Nations Convention on the Rights of the Child – ratified by55 OSCE participating States – particularly Articles 34, 35 and 36 thereof, which dealwith protection against all forms of exploitation, including sexual exploitation, andprevention of the sale of or traffic in children, and the 2000 Optional Protocol on the

-4-sale of children, child prostitution and child pornography, particularly Article 3thereof.In carrying out anti-trafficking efforts, it is necessary to bear in mind that theirpriority is to protect the human beings who are the object of trafficking. In Europe and theOSCE area, in connection with measures to counter clandestine immigration and traffickingin human beings, a worrying trend is developing that could have repercussions on theprotection of victims, namely, the criminalization of irregular immigrants. The policy ofrestrictions in the granting of international protection to asylum-seekers in connection withmeasures to counter clandestine immigration must also be monitored closely, as noted, forexample, in the report of the European Committee for the Prevention of Torture and Inhumanor Degrading Treatment or Punishment, drawn up after the European Committee’s visit toItaly and published on 28 April 2010.In carrying out anti-trafficking efforts, it is also necessary to bear in mind that thevictims frequently resort to illegal organizations and channels in order to migrate from theircountries because of the lack of appropriate legal alternatives offered by the internationalcommunity. A well-founded and flexible regulation of immigration policy, in line with theinterests of immigrants and of the beneficiary countries, would encourage the potentialvictims of trafficking to be distrustful of illegal immigration channels.CybercrimeThe extraordinary strides made in information technology have an obvious influenceon the evolution of “traditional” organized crime, which is shifting towards cybercrime.Information networks and systems undoubtedly constitute a step forward in the developmentof society, but they can also be used to make it more vulnerable. Terrorist groups,paedophiles, networks disseminating child pornography, traffickers in arms, narcoticsubstances and human beings, and those involved in money-laundering exploit these newmeans of communication to expand their illegal activities.Efforts to counter cybercrime must be carried out with full respect for fundamentalhuman, civil and political rights, based on freedom of expression on the Internet. The recentcase of China and Google demonstrates that governments may try to limit the activities ofprivate operators on the Internet not only to prevent or combat offences, but also to censorand prohibit dissemination on the Internet of legitimate criticisms of government policies, orsimply the free expression of opinions.When considering the efforts to counter cybercrime, it is important to recall aDecember 2008 decision of the European Court of Human Rights, according to which:(a)(b)Human rights must not only be promoted, but also protected on the Internet;Governments have an obligation to protect the basic rights and security of theircitizens;In a law-governed State, measures taken by the government, particularly in the penalsphere, must be provided for by law, must pursue a legitimate aim, and must beproportionate;

The dangers linked to this phenomenon have been recognized, and initial steps havebeen taken to address it, among other things, through the adoption of the 2001 Council ofEurope Convention on Cybercrime, ratified by 28 OSCE participating States.The question of corruption and malfunctioning of the rule of law have a directinfluence on the enjoyment of individual rights. There is a long list of worrying situationsregarding respect for human rights in the OSCE area that have been pointed out recently bynon-governmental organizations (NGOs) or OSCE representatives and that demonstrate theneed for the Parliamentary Assembly, in particular the Third Committee, to monitor theimplementation of the commitments undertaken by OSCE participating States in the humandimension area. This is why I encourage the Committee and the Assembly to open anongoing debate and dialogue in this area, without neglecting the complaints and concerns thatare being expressed concerning the ability of OSCE institutions to implement their mandates.The list of topics to be discussed is broad; it ranges from the application of the deathpenalty (in Belarus, unfortunately, new death sentences were recently carried out after aperiod of suspensions, while the United States has continued to execute detainees) to theprotection of NGOs and journalists (deaths, ill-treatment and investigations outsideinternational standards have been reported, for example, in the Russian Federation,Kazakhstan and Uzbekistan) and the democratic crisis in Kyrgyzstan, where an interimgovernment has been established, and where heavy monitoring by the OSCE ParliamentaryAssembly is undoubtedly needed in order to restore democratic institutions as quickly aspossible. There is also the question of freedom of information and of the media, which is aconstant challenge for all participating States, including mine.ConclusionsWe must avoid the risk of seeking to combat corruption and organized crime at theexpense of respect for democratic principles. A State which embarks on the wrong path notonly will not succeed in defending the rights of its citizens, but will expose them to evengreater risks. In addition, the poorly functioning judiciary and security and police forces,which choose to concentrate on high-profile operations to suppress organized crime andcorruption without ensuring full respect for the principles of legality, only appear tocontribute to the building of a better society, even when such operations prove effective. Infact, when the seeds of uncontrolled and irresponsible State power are planted, the fruits ofinjustice and corruption are certain to grow again.When politicians raise their voices and concerns about the need to combat organizedcrime and corruption, which threaten domestic and international security, they should domuch more than simply denounce the crimes committed by organized criminals or call forincreasing the penalties imposed on the perpetrators: they should also question the capacityand intention of States and their political systems to adopt tangible measures.

In combating corruption, it is not enough to increase the penalties or threaten to resortto the death penalty. What is needed are functioning institutions, based on an efficient andindependent magistrature.To attain this objective, we must not forget the extraordinary role that the OSCE hasplayed for decades in promoting respect for human rights, among other things, by creatinginstitutions that have a unique experience in this realm. In particular, the monitoring ofelectoral processes in OSCE countries (unfortunately not in all) has been shown to be aninnovative instrument in limiting political corruption and ensuring greater transparency andequality in electoral contests. That notwithstanding, Transparency International’s annualreport on corruption, along with other reports, shows that political corruption is still presentin many parts of the world, including in Western or European countries that have a longtradition of democratic institutions. This means that the OSCE’s work in the electionmonitoring area should be strengthened, so as to establish a kind of ongoing and permanentmonitoring of the democratic functions of its participating States.According to the 2009 Europol report on organized crime, terrorism and other formsof organized crime represent a serious threat to national security in the OSCE area and a clearviolation of human rights. That notwithstanding, in combating terrorism, organized crime andextremism, some OSCE States have violated certain basic human rights, such as the right to afair trial, the right to a defence, freedom of assembly, freedom of association and the right toparticipate in elections; this is clearly demonstrated by the cases reported and compiled byNGOs, such as Amnesty International, Freedom House, Human Rights Watch, and others.In order to address questions related to safeguarding security and promoting economicdevelopment, greater co-operation is needed on the part of the international community inestablishing appropriate institutions, governed by democratic principles and the rule of law,to carry out this type of work. At the same time, ongoing international co-operation isessential in order to guarantee respect for the rule of law and democracy; the OSCE mustreaffirm its own role and leadership in this area, inasmuch as it can make a robustcontribution to strengthening not only the human dimension, but also the security of everysociety.In reality, security is guaranteed not by the total absence of crime – resulting fromfear of a dictatorship, of harsh repression, or of “exemplary punishments”, as some politiciansthink, and as public opinion might be induced to believe when a populist “war on crime”approach is being implemented – but by the reasonable hope that, when a crime is committed,there will be efficient police and security forces and a magistrature capable of punishing theguilty in a fair and just manner that will not impair the enjoyment and exercise of the civilrights and liberties of everyone because of the misdeeds of a few.