STATEMENT
BY
MR. WANJUKI MUCHEMI
SOLICITOR GENERAL OF
THE REPUBLIC OF KENYA
ON
AGENDA ITEMS
106: CRIME PREVENTION AND CRIMINAL JUSTICE
107: INTERNATIONAL DRUG CONTROL
THE 62nd SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
THIRD COMMITTEE
11TH OCTOBER 2007 - NEW YORK
Mr. Chairman,
Please allow me, on behalf of my delegation, to congratulate you on your election to Chair and steer our work during this session. I assure you of the full cooperation and support of my delegation.
Mr. Chairman,
Transnational organized crime, in particular the crimes of terrorism, corruption, smuggling of and trafficking in human beings, trafficking in narcotic drugs and illicit trade in small arms and light weapons present a serious threat to global peace, security, social development and human rights. During the 2005 World Summit, our leaders recognized and expressed grave concern at these threats and the increasing vulnerability of States to these crimes. They reaffirmed their collective commitment and determination to combat these crimes and resolved, inter alia, to strengthen the United Nations Office on Drugs and Crime, and to provide assistance to Member States in need of such assistance.
Mr. Chairman,
It is against this backdrop, that my delegation participates in this discussion today with a renewed sense of purpose and determination to achieve collective solutions to the menace of organized crime.
My delegation welcomes the continued strengthening of the United Nations Crime Prevention and Criminal Justice Programme, and in particular, its technical cooperation capacity. We commend the United Nations Office on Drugs and Crime (UNODC) for its pivotal role in enhancing the capacity of States to respond more effectively to the challenges posed by transnational organized crime, corruption and terrorism. In this regard, we endorse the recommendations contained in the Secretary-General’s report A/61/179 aimed at further strengthening this office and in particular paragraphs 66 to 71 of that report.
Mr. Chairman,
Kenya has been a beneficiary and continues to benefit from the various technical assistance programmes undertaken by UNODC. Its seminars and training programmes in the criminal justice and law enforcement sectors have strengthened our national capacity to fight the complex web of transnational crime. Early this year, UNDOC conducted an in-depth assessment of Kenya’s institutional and legislative framework with a view to enhancing our capacity to combat money-laundering and asset recovery. We look forward to continued collaboration with UNODC in tackling the challenges posed by these crimes.
Mr. Chairman,
The United Nations Convention against Transnational Organized Crime and the Protocols thereto, provide a solid legal framework for international cooperation against organized crime. They contain a comprehensive framework for mutual legal assistance, extradition, law-enforcement cooperation, technical assistance and training. It is incumbent upon us Member States to marshal the necessary political will to ratify or accede to, and to implement this convention and its protocols, as a necessary first step towards combating transnational organized crime. Regrettably, participation in these instruments is still far from universal. Of grave concern is the low level of participation in the Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components. Our collective response to organized crime can only be effective if we consolidate and strengthen the international treaty framework through universal participation and implementation. We therefore urge States that have not yet done so, to consider ratifying and acceding to these Conventions.
Mr. Chairman,
I am proud to report that Kenya acceded to the United Nations Convention on Transnational Organized Crime in June 2004 and to its three Protocols in January 2005: the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children; the Protocol against Smuggling of Migrants by Land, Air and Sea; and the Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition. The Government is now working closely with its international partners and UNODC towards domestication and full implementation of these instruments.
Mr. Chairman,
Kenya is committed to international efforts to combat trafficking in narcotic drugs. Due to its unique position as a communications hub in Eastern Africa, Kenya is a preferred transit route for many international drug dealers. Despite our limited capacity, the Government has recently strengthened measures to counter drug trafficking. These include increased border controls; a strengthened Anti-narcotic Police Unit; the imposition of very stringent administrative and penal measures against drug trafficking; the establishment of the Inter-Ministerial Drug Coordinating Committee and the establishment of a National Agency for Campaign Against Drug Abuse.
The intensified resolve to fight drug trafficking witnessed the December 2004 seizure of 1.1 metric tons of cocaine, with a street value of US $90m. The very size of it clearly showed that it was not destined for Kenya, but for other, more lucrative, markets overseas. The drug was destroyed in a very public display in February 2006 with assistance of United Nations Office of Drugs and Crime.
Mr. Chairman,
Drug trafficking is closely linked with other crimes such as money laundering and financing of terrorism and Kenya has, in this connection, redoubled its efforts in fighting these two crimes. Kenya is a member and participates in the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), a sub-regional initiative to combat money laundering. Last February, ESAAMLG held a joint session with the Financial Action Task Force on Money Laundering, in Cape Town, South Africa, to discuss ways of building effective infrastructures in the fight against money laundering and terrorist financing in emerging economies, as well as to investigate the links between corruption and money laundering and terrorist financing.
On the domestic front, money laundering is criminalized under the Anti-Narcotics and Psychotropic Substances Act and the Banking Act, but both are considered inadequate. Consequently the Government has established a National Task Force on Anti-Money Laundering and Combating Financing of Terrorism. The recommendations of this task force form the basis of the published Money Laundering Prevention Bill (2006).
Mr. Chairman,
Preventing and combating corruption presents another formidable challenge to my country. Kenya demonstrated its commitment to counter corruption by being the first country to sign and to ratify the United Nations Convention against Corruption in December 2003. This Convention offers an unprecedented legal framework to fight corruption. While we are gratified that ratifications and accessions to this Convention continue to increase steadily, we are concerned that a great majority of the current States Parties are from developing countries. However, to achieve full implementation of this convention, we require participation by all regions of the world. This is particularly important for the implementation of the provisions relating to the transfer of assets of illicit origin and their return to the countries of origin.
Mr. Chairman,
The Government of Kenya continues to face challenges in its efforts to recover assets acquired from proceeds of corruption. The challenges revolve around legal question of jurisdiction. Kenya is on course with its anti-corruption strategy, and has upgraded its legal framework and reinforced weak institutions and established new ones which would provide leadership in the fight against corruption.
These institutions include; the Ministry of Justice and Constitutional Affairs which provides the policy framework for fighting corruption; the Attorney General’s Office which provides the prosecutorial functions for corruption crimes; and the Kenya Anti-Corruption Authority, an independent national institution charged with investigating and recommending for prosecution, corruption related offences.
New laws that have been enacted in this regard are The Public Officer Ethics Act which requires public institutions to establish codes of conduct and imposes annual wealth declaration requirements for all public employees; and The Anti-Corruption and Economic Crimes Act which defines corruption and establishes comprehensive rules on transparency and accountability.
Mr. Chairman,
Finally, my delegation wishes to commend the UNODC for its continued support for regional initiatives aimed at combating transnational organized crime. In this regard, we welcome the recent adoption in Abuja, Nigeria, of the Programme of Action for Africa for the period 2006-2010. The Programme, whose main objective is to strengthen the rule of law and the criminal justice systems in Africa, is a beacon of hope for a majority of African countries, faced with the formidable task of combating transnational organized crime, insecurity and under development. We urge the international community to support Africa towards the implementation of this important programme.
Thank You.
|
