COUNTRIES ADDRESS REVIEW AND TECHNICAL ASSISTANCE TO

UNCLAS UNVIE VIENNA 000465

SIPDIS

E.O. 12958: N/A
TAGS: PGOV UN AU KCRM KCOR

SUBJECT: COUNTRIES ADDRESS REVIEW AND TECHNICAL ASSISTANCE TO
PROMOTE IMPLEMENTATION OF THE UN ORGANIZED CRIME CONVENTION

--------------
SUMMARY
--------------


1. SUMMARY: The UN Office on Drugs and Crime (UNODC) hosted two
intergovernmental meetings from September 30 - October 2 in order to
advance implementation of the UN Convention against Transnational
Organized Crime (UNTOC).


2. During the Expert Meeting on Review of Implementation (September
30),chaired by INL DAS Verville in her capacity as President of the
Conference of the Parties (COP),participants from 75 countries met
to begin initial discussions on the development of a review
mechanism for the UNTOC. Many states emphasized the importance of
taking lessons learned from the process underway to reach agreement
on review mechanism for the UN Convention against Corruption (UNCAC)
and wanted to await the outcome of the UNCAC third Conference of the
States Parties (COSP). The U.S. delegation stressed the unique
nature of the UNTOC, with its broad scope of application and
emphasis on international cooperation, which may require a review
mechanism tailored to it, rather than the automatically transpose
that under development for the UNCAC.


3. During the Working Group on Technical Assistance (October 1-2),
participants from over 64 countries agreed on priorities for the
development of UNODC projects to assist state parties and
signatories with implementation of the Convention. The Working
Group also endorsed two U.S.-driven initiatives, which sought to
further (1) information gathering on actual use of the Convention
and (2) the development of a roster of experts to allow UNODC to
match technical assistance requests with expertise from state
parties.


4. DAS Verville also hosted a meeting of the UNTOC Bureau, which
agreed to hold a follow-up Expert Meeting on Review of
Implementation from January 25-26 and the second Working Group on
Trafficking in Persons from January 27-29. END SUMMARY.

--------------
U.S. Delegation
--------------


5. INL DAS Elizabeth Verville led the U.S. delegation, which also
included: UNVIE John Brandolino, DOJ Thomas Burrows, INL Christine
Cline and L Virginia Prugh.

--------------
BEGINNING A DIALOGUE TOWARDS
A REVIEW MECHANISM
--------------


6. INL DAS Verville served as chairperson for the September 30
meeting of experts on review of implementation, in her capacity as
President of the COP. Experts from 75 countries participated in
initial discussions on the development of a review mechanism for the
UNTOC. Participants generally favored a review mechanism to promote
and strengthen the implementation of the Convention, while China and
Russia emphasized the importance of a gradual approach. Many states
also stressed the importance of taking lessons learned from the
process underway to reach agreement on review mechanism for the UN
Convention against Corruption (UNCAC) and wanted to await the
outcome of the UNCAC third Conference of the States Parties (COSP).
Member States of the European Union advocated for a decision to be
taken at the next COP in 2010 to establish an intergovernmental
working group, with a view to developing terms of reference for a
review mechanism.


7. The U.S. delegation stressed the unique nature of the UNTOC,
with its broad scope of application and emphasis on international
cooperation, which may require a review mechanism tailored to its
provisions, rather than automatically transposing that under
development for the UNCAC. Peru, Argentina and, by implication,
Japan supported this statement. The U.S. delegation also pressed for
a more complete picture of UNTOC use and any problems encountered.
In this regard, the U.S. delegation and other participants welcomed
UNODC's work on a comprehensive software package to facilitate
information gathering on the normative framework and practical
application of the UNTOC.

--------------
PRIORITIES FOR TECHNICAL ASSISTANCE
--------------


8. During the October 1-2 Working Group on Technical Assistance,
participants from over 64 countries agreed on priorities for the
development of UNODC projects to assist state parties and
signatories with implementation of the Convention. These included:
promotion of ratification and accession to the UNTOC; awareness
raising and capacity building efforts; promotion of international
cooperation under the UNTOC; strengthening of competent central
authorities; and development of programs for the protection of

witnesses and victims of international organized crime.


9. The Working Group also endorsed two U.S.-driven initiatives,
which sought to further (1) information gathering on actual use of
the Convention and (2) to match technical assistance requests with
expertise from state parties. To this end, the UNODC will complete
the comprehensive software package for the UNTOC and supplement it
with questions on the states' use of the UNTOC and its Protocols.
UNODC will also invite states to identify individuals and their
corresponding institutions, with expertise in the implementation of
the Convention, in order to facilitate the provision of assistance
to requesting states. The Working Group also recommended that the
COP consider the establishment and maintenance of a roster of such
experts.

--------------
MEETINGS ON TIP AND REVIEW OF
IMPLEMENTATION SET FOR JANUARY
--------------


10. INL DAS VERVILLE convened a meeting of the UNTOC Extended
Bureau, which consisted of the heads of the regional groups in
addition to those (Argentina, Azerbaijan, Colombia, Egypt, Kenya,
Malaysia, Norway, Poland and the Philippines) nominated to serve on
the Bureau. The Extended Bureau agreed to authorize the Secretariat
to convene the remaining two days of the expert meeting on review of
implementation from January 25-26, pending confirmation by
Conference Services that the costs for such a meeting could be
absorbed.


11. The Working Group on Trafficking in Persons will immediately
follow from January 27-29. In this regard, the Bureau reviewed the
draft agenda for the TIP Working Group, which incorporated suggested
topics as provided states parties and signatories. These topics
were: (1) definitions of key concepts of the TIP Protocol, (2) good
practices in discouraging the demand for exploitative services, (3)
non-punishment and non-prosecution of trafficked persons for
offenses committed in the process of being trafficked and (4) good
practices and tools for front line enforcement officers in
responding to TIP. DAS Verville asked Bureau members to share the
proposed agenda with their respective regional groups and come to
the next Bureau meeting in two weeks time prepared to provide any
proposed modifications with a view to finalizing the draft agenda.

--------------
COMMENT
--------------

12. The expert meeting on review of implementation reinforced the
reluctance of many states to delve deeply into discussions on a
review mechanism for the UNTOC before the outcome of the UNCAC
Conference of the States Parties in November. The January experts
meeting should prove to be an opportunity for more fulsome
discussion and to lay the groundwork for next steps in advance of
UNTOC COP, which is scheduled for October 2010. At the same time,
the Working Group on Technical Assistance provided concrete
recommendations for targeting UNODC assistance projects. The next
challenge will be to generate donor funding and support to bring
these recommendations to fruition. While the United States has made
good on its pledge to provide "soft earmarked" funds for these
purposes, it will be necessary to work through UNODC's Major Donors
Group and relevant meetings to encourage other donors to also devote
resources to UNTOC implementation through UNODC.

PYATT