by Yacinthe Diene, Senegal, September 1997
THEME = JUSTICE
Member-states of the Organisation of African Unity (OAU) are intent on working together more effectively, when it comes to fighting crime on an international level. This means cooperating in the arrest, extradition and judgement of criminals who are operating on a cross-border basis. In July this year, fifty ministerial delegations from various African countries, met in Dakar, Senegal, to discuss these very points. Senegal's Justice Minister said: "Let's find a way whereby common ground can be found in our various legal systems, so that we can fight crime more efficiently, and apprehend those responsible for criminal acts".
The meeting was held under the aegis of the Vienna Office of the United Nations, dealing with Crime Prevention and Justice (DPCJP), and resulted in most African countries agreeing to an International Convention For Combatting International Crime. The Convention is already at work, and will enable criminals operating across international frontiers, to be arrested and extradited.
Edouardo Vetéré is the DPCJP's Director. He says: "All governments must take a common political decision, so they can more effectively and efficiently fight crime".
During the meeting, representatives from various police forces evaluated what is presently taking place in the world of crime, on an international level. Main crimes seem to be: cattle rustling, car theft, counterfeiting, trafficking in children and women, gun-running to conflict areas.
It's clear that criminal methods vary from one country to another, or even within the same country. Criminals have different techniques. This simplifies evading Customs and border controls, which also vary from country to country.
The confused repressive situation, existing in many African countries, facilitates the presence in Africa, of Asian and Latin American criminal cartels. These cartels are adept at using the same techniques as multinationals use in the world of finance, especially when it comes to "laundering" money. (They hide under cover of pseudo-companies).
Is Africa an "interchange" for criminal activity? It would seem so, because almost everywhere on the continent, the following facts are noted:
- Major quantities of drugs have been seized (It's said that drug trafficking is the result of socio-political crises existing in many countries, such as disorder and violence.
- There's a vast number of secret financial transactions taking place, transactions which are used to buy votes or obtain an important business transaction.
- There's a new class of people on the streets, the "new rich", who run around in large cars and live in luxurious villas. They never seem to do any work but they've got bank accounts in many countries.
The Dakar meeting enabled representatives from the various countries present, to acknowledge that they must work together to fight crime.
Senegal's Justice Minister said: "We must all be convinced of the importance of forming a common front when it comes to fighting international crime. In the long run, all our countries will profit". But, and there's a big "but" - several fundamental problems must first of all be tackled, because these are the root causes why crime flourishes.
- Poverty and unemployment: Something must be done to improve our countries' national incomes. On the other hand, how can we persuade our peasant populations who find rich revenue in growing cannabis, to turn their hands to other agricultural projects? How can we involve our young people in viable socio- educational projects so as to help them avoid a life of crime? A startling statistic - 304 million Africans live on less than one dollar a day!
- How to revamp the United African Institution for the Prevention of Crime, and the Treatment of Offenders (UMAFRI). This Organisation of African Unity (OAU) initiative, first saw the light of day in 1989 in Kampala, Uganda. It was intended to study and deal with organised crime within the African continent, but it will never get off the ground if member-States don't pay their contributions.
- Legislation on both a national and international level must be such, that Customs and Excise can help in reducing the size and impact of illegal trafficking.
- There must be multilateral agreements relating to the extradition of known criminals. Also, when it comes to actual criminal proceedings, there must be joint action in the investigations, the protection of witnesses, sharing information etc. For example, if an "affair" takes place in Senegal, but there are relating circumstances in Nigeria or Côte d'Ivoire, then it should be possible for suspects in these countries to be extradited. Senegal's Justice Minister puts it this way: "We've got to get beyond the sacrosanct principle, that a country will never allow one of its own citizens to be extradited".
Edouardo Vetéré is adamant that "the United Nations will do everything it can to support African countries in their fight against crime. It will do this by helping to build up national and regional potential in this area, and help to train specialised personnel. "Our own office will be developed into a "crime-busting" centre on an international level. We'll guarantee to provide it with everything necessary so that it can be a constructive force in the fight against international crime".
Almost ten years ago, the international community had become aware of the international crime problem. A meeting at ambassadorial level had been held in Versailles (France) in 1990, at the end of which, participants strongly recommended to the United Nations, that member-states should work together in the struggle against increasing organised crime.
The United Nations reacted by setting up the Commission for the Prevention and Suppression of Organised Crime (CPRCO), consisting in representatives from 40 governments and chaired by the Tunisian delegate. The Commission has an executive arm, the DPCJP which has received the following mandate:
- Make it possible for countries in each region to work together at a ministerial level, and contribute significantly in setting up the International Convention, which once approved, will be binding on all members of the United Nations.
- Analyze statistics (sub-regional, regional and international) relating to crime, and find out what countries are doing to fight crime. There must be a sharing of information at an international level.
- Every five years, organise a world summit to determine priorities and problems relating to crime, its prevention and connected legal matters.
An inter-ministerial meeting was held in Naples, Italy, in 1994, and things really got going. Representatives of the 142 countries present at the meeting, unanimously accepted a Policy Declaration and drew up a plan of action.
The Dakar meeting enabled African countries to become aware of what's at stake. It was also an occasion to evaluate the fact of repressive policies and criminal activities in Africa.
Unfortunately, criminal organisations are still looking for ways and means to carry on with their criminal activities. Indeed, the true fight against crime hasn't really got going.
The international community has really got to get its act together!
END