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STRATEGY FOR GLOBAL GOVERNANCE AGAINST GLOBAL CRIME , UNTOC & UNCAC WANTING
By contrast, in the anti-crime arena, where the two most important conventions
are UNTOC and the UNCAC, which are equivalent to the HR Charter, the
recognition of the role of civil society in the review mechanism is very limited
and exclusively based on a good will of the Parties under review. Civil society,
according to the UNTOC and UNCAC review mechanisms, has almost no real in
the review process. As stated above while HR UPR is “a State driven process”, both
review mechanisms of UNTOC and UNCAC are “an intergovernmental process”.
The wording clearly expresses the main features of each of the review mechanism,
Such an unsatisfactory normative and de facto position of the civil society
makes both conventions de iure weak with respect to their own opening principles.
Both refer to the role and importance of civil society in the fight against organized
crime and corruption. The problem is, if this is not followed up through legislative
provision or a mechanism allowing for such a role, then these opening declarations
are undermined and they become nothing more than mere ideological statements.
The conventions create an expectation for civil society to be engaged in preventing
and controlling organized crime and corruption but, then, they do not provide for
fully fledged civil-society participation in the review process.
The limited role of civil society in the UNCAC and UNTOC review mechanisms
is a devolution and a step backward with respect to the Universal Periodic Review
of the Human Rights Charter.
WHAT IS NEEDED?
Strategic approach towards global governance against global crime
For a comprehensive and effective global anti-crime governance there is a need to
develop a clear strategic approach which recognizes the manifold linkages among
global anti-crime types and manifestations and their relationship with sustainable
development.
The existing United Nations anti-crime normative framework is rather rich.’
7 Single Convention on Narcotic Drugs of 1961 (as amended in 1972), the Convention
on Psychotropic Substances of 1971, and the United Nations Convention against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances of 1988), relevant anti-terrorism
conventions and protocols (in particular, Terrorist Financing Convention (1999), Nuclear
Terrorism Convention (2005)), Universal Declaration of Human Rights, Arms Trade Treaty,
and UNTOC and UNCAC, are of utmost importance for the global response to global crime
challenges. The existing regional conventions and protocols (e.g.EU; Council of Europe;
African Union, Organization of American States, the Arab League; etc) as well as of other
international organizations such as FITF and OECD, are also of paramount importance
for a comprehensive and effective global anti-crime governance. The 2030 Agenda for
+ 187 +