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II. China's Legal Work in the Field of the UN Combating Transnational Organized Crimes

2001-07-09 14:56
In the year of 2000, China continued to participate actively in the drafting of the UN Convention against Transnational Organized Crimes and its supplementary protocols. The UN Special Committee on the Drafting of the UN Convention against Transnational Organized Crimes held 5 sessions in Austria in 2000 (the 7th to 11th sessions) and held a high-level political signing conference for the convention in Italy. China sent delegations to the various sessions of the special committee.

Initially the negotiations on this convention were actively promoted by the western countries. The west once dominated the process of the negotiations. However, with the deepening of the negotiations, the developing countries coordinated their positions through mechanisms like "the Group of 77+China", gradually shaping a force that could contend with the west and have played an important role. Realizing that strengthening cooperation through the formulation of an international convention and combating transnational organized crimes conform to the needs and interests of the international society, the various countries all showed the political willingness to complete as soon as possible the drafting work; what is more after three years of negotiations, the positions of the various sides were all clear anddefinite. Therefore, the various sides demonstrated flexibility in the negotiations; thus the draft resolutions of the UN Convention against Transnational Organized Crimes and its two supplementary protocols (the Protocol on the Sale and Shipment of People and the Protocol on the Smuggling of Immigrants) were adopted successively at the 10th session (July 2000) and the 11th session (October 2000). In November 2000, the draft resolutions of the above-mentioned convention and its supplementary protocols were adopted at the 55th General Assembly.

The convention not only stipulates the various aspects of international cooperation against transnational organized crimes, but also emphasizes the basic principles of international relations such as sovereign equality and non interference in internal affairs. At the same time, it also stipulates articles like providing the developing countries with financial and technical assistance. A nice balance is kept between the rights and obligations of the state parties.

From December 12 to 15, 2000, the High-Level Political Signing Conference for the UN Convention against Transnational Organized Crimes and its supplementary protocols was held in Palermo, Italy. Over 600 delegates from 151countries, the UN relevant agencies and NGOs attended the meeting, during which 118 countries signed the convention. Among them 77 signed the Protocol against the Sale and Shipment of People, 74 signed the Protocol against the Smuggling of Immigrants. Deputy Minister Wang Guangya of the Ministry of Foreign Affairs of China signed the convention on behalf of the Chinese Government on the very first day when the convention was open for signatures and spoke at the meeting, enunciatng the Chinese Government's stand of actively participating in international cooperation and combating transnational organized crimes and its determination of striving as always to spur the international society to effectively prevent and combat all types of criminal activities.
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