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At its second session, held in Vienna from 10 to 21 October 2006, the Conference of the Parties to the United Nations Convention against Transnational Organized Crime adopted the following decisions:
Decision 2/1 Implementation of the United Nations Convention against Transnational Organized Crime and programme of work of the Conference of the Parties thereto
Decision 2/2 Implementation of the international cooperation provisions of the United Nations Convention against Transnational Organized Crime
Decision 2/3 Implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
Decision 2/4 Implementation of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
Decision 2/5 Implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime
Decision 2/6 Technical assistance activities
Implementation of the United Nations Convention against Transnational Organized Crime and programme of work of the Conference of the Parties thereto
The Conference of the Parties to the United Nations Convention against Transnational Organized Crime:
(a) Noted the obligation on each State party under article 32 of the United Nations Convention against Transnational Organized Crime [1] to provide the Conference of the Parties to the Convention with information on its programmes, plans and practices, as well as legislative and administrative measures, related to implementation of the Convention;
(b) Reiterated its decision 1/2, by which it had requested States parties to respond promptly to the questionnaire circulated by the secretariat on the issues identified in that decision and had invited signatories to provide the information requested by the secretariat on those issues;
(c) Noted with concern that the analytical report prepared by the secretariat [2] was based on the responses received, which constituted only 47 per cent of States parties to the Convention;
(d) Urged those States parties which had not yet done so to submit their responses to the questionnaire to the secretariat not later than 31 March 2006, to include, in the case of non-compliance with provisions of the Convention, the reasons for such non-compliance;
(e) Invited signatories that had not yet done so also to provide the information requested by the secretariat;
(f) Called upon States parties and signatories to review the analytical report prepared by the secretariat for the Conference of the Parties at its second session and to be guided by it in preparing their responses to the questionnaire and their updates, if any (see subparagraph (m) below);
(g) Noted with concern that a number of States parties had not yet complied with their obligations under the Convention;
(h) Urged those States parties which had not yet complied with their obligations under the Convention to take steps to do so as soon as possible and to provide information on those steps to the secretariat for submission to the Conference of the Parties at its third session;
(i) Encouraged States parties and signatories that encountered difficulties in providing the information requested by the secretariat in accordance with decision 1/2 and the present decision or in complying with their obligations under the Convention to seek the assistance of the secretariat in that regard;
(j) Requested the secretariat to provide such assistance, subject to the availability of extrabudgetary resources;
(k) Urged States parties to review whether they had fulfilled the reporting obligations referred to in the Convention, in particular in article 5, paragraph 3, article 16, paragraph 5, article 18, paragraphs 13 and 14, and article 31, paragraph 6;
(l) Also urged States parties to review whether they had provided to the Secretary-General the information on their national legislation envisaged in articles 6, paragraph 2 (d), and 13, paragraph 5, of the Convention;
(m) Requested States parties that had already responded to the questionnaire circulated by the secretariat in accordance with decision 1/2 and had provided the information or legislation required by the Convention in accordance with the articles mentioned in subparagraphs (k) and (l) above to update such information or legislation as appropriate;
(n) Requested the secretariat to submit to it at its third session an analytical report to include information received pursuant to the present decision, ensuring that it contained sufficient detail to permit the Conference of the Parties to review the implementation of the Convention and of the present decision;
(o) Also requested the secretariat to submit to the Conference of the Parties at its third session new or updated information received pursuant to subparagraphs (k) and (l) above;
(p) Decided that, in order to support its periodical review of implementation of the Convention, information on the following topics should be collected by the secretariat for the Conference of the Parties at its third session, using for that purpose the questionnaire approved by the Conference at its second session:
(i) Issues of non-compliance with the Convention and the reasons for non-compliance;
(ii) Money-laundering (article 7), within the scope of the Convention;
(iii) Adequacy of sanctions (article 11);
(iv) International cooperation for purposes of confiscation (article 13);
(v) Disposal of confiscated proceeds of crime (article 14);
(vi) Extradition (article 16);
(vii) Transfer of sentenced persons (article 17);
(viii) Mutual legal assistance (article 18);
(ix) Investigation of cases of transnational organized crime (articles 19, 20 and 26);
(x) Protection of witnesses and victims (articles 24 and 25);
(xi) International law enforcement cooperation (article 27);
(xii) Preventive measures (article 31);
(q) Requested the secretariat to collect information from States parties and signatories to the Convention necessary for the analysis of the topics listed in paragraph (p) above, using for that purpose questionnaires already developed or to be developed in accordance with guidance provided by the Conference of the Parties at its second session;
(r) Encouraged States parties and signatories to include in their delegations to the third session of the Conference experts on the topics listed in the agenda of that session;
(s) Requested States parties to respond promptly to the second questionnaire circulated by the secretariat;
(t) Invited signatories also to provide the information requested by the secretariat;
(u) Requested the secretariat to submit an analytical report, based on the responses to the questionnaires, to the Conference of the Parties at its third session for discussion;
(v) Also requested the secretariat to compile, if practicable, information received in replies to the questionnaires in the format of a chart identifying each individual responding country.
Implementation of the international cooperation provisions of the United Nations Convention against Transnational Organized Crime
The Conference of the Parties to the United Nations Convention against Transnational Organized Crime:
(a) Urged States parties that had not complied with the requirements of article 16, in particular, paragraphs 5, 6 and 15, and article 18, paragraph 8, of the United Nations Convention against Transnational Organized Crime, [3] to take steps to do so as soon as possible;
(b) With a view to achieving compliance with article 16 of the Convention, requested the secretariat to seek clarification from States parties that had indicated that they were not in compliance with the mandatory obligations set forth in that article, in particular by asking for further information from States parties that had reported that they did not grant extradition on the basis of a treaty or on the basis of domestic law and from States parties that had reported that they refused extradition on the ground that the offence involved fiscal matters, and to report thereon to the Conference of the Parties at its third session;
(c) With a view to achieving compliance with article 18 of the Convention, requested the secretariat to seek clarification from States parties that had reported that they were not in compliance with the mandatory obligation set forth in that article not to decline to render mutual legal assistance on the ground of bank secrecy, and to report thereon to the Conference of the Parties at its third session;
(d) Requested the secretariat to develop and maintain on its secure website a directory of central authorities designated pursuant to article 18, paragraph 13, of the Convention, and, as far as possible, to include in that directory information such as the responsible position/office, contact details, office hours and languages accepted, as well as any other information that the secretariat deemed necessary for effective communication;
(e) Invited States parties to provide to the secretariat the additional information requested in subparagraph (d) above in order to facilitate the development of the directory;
(f) Requested the secretariat, within existing resources, to develop and maintain a directory of authorities dealing with requests for extradition and transfer of sentenced persons in the same format as the directory of authorities designated pursuant to article 18, paragraph 13, of the Convention requested in subparagraph (d) above, and invited States parties to provide information on such authorities to the secretariat;
(g) Decided to establish at its third session an open-ended working group, with interpretation, to hold substantive discussions on practical issues pertaining to extradition, mutual legal assistance and international cooperation for the purpose of confiscation;
(h) Encouraged States parties to include representatives of central authorities and other government experts in their delegations to the next session of the Conference of the Parties with a view to their attending the open-ended working group referred to in paragraph (g) above;
(i) Noting the reporting obligation set forth in article 13, paragraph 5, of the Convention, urged States parties that had not yet furnished copies or descriptions of laws and regulations, or relevant updates, to do so as soon as possible and, where feasible, to do so in electronic form, and requested the secretariat, building upon the information obtained, to present to the Conference of the Parties at its third session an outline of options as to how to make the most effective use of the laws and regulations furnished pursuant to that article, with a view to more effective implementation of the Convention;
(j) Requested the secretariat, building upon the information already obtained in response to the questionnaire on the implementation of the Convention, to inquire of States parties:
(i) Whether they had refused cooperation with respect to confiscation requested pursuant to article 13 of the Convention in particular cases and, if so, to request them to specify the grounds upon which such cooperation had been refused;
(ii) Whether they had had specific cases where confiscated proceeds of crime or property had been returned or shared, as outlined in article 14, paragraphs 2 and 3 (b), of the Convention and, if so, the legal framework within which that had been done.
Implementation of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
The Conference of the Parties to the United Nations Convention against Transnational Organized Crime:
(a) Reiterated its decision 1/5, by which it had requested States parties to respond promptly to the questionnaire circulated by the secretariat on the issues identified in that decision and had invited signatories to provide the information requested by the secretariat on those issues;
(b) Noted with concern that the analytical report prepared by the secretariat [4] was based on the responses of only 43 per cent of States parties to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; [5]
(c) Urged those States parties which had not yet done so to submit their responses to the questionnaire to the secretariat not later than 31 March 2006;
(d) Invited signatories that had not yet done so also to provide the information requested by the secretariat;
(e) Called upon States parties and signatories to review the analytical report prepared by the secretariat for the second session of the Conference of the Parties and to be guided by it in preparing their responses;
(f) Noted with concern that a number of States parties had not complied with their obligations under the Protocol;
(g) Urged those States parties which had not complied with their obligations under the Protocol to rectify that situation as soon as possible and to provide information on the measures taken to do so to the secretariat for submission to the Conference of the Parties at its third session;
(h) Called upon States parties and signatories that encountered difficulties in providing the information requested by the secretariat in accordance with decision 1/5 and the present decision or in complying with their obligations under the Protocol to seek the assistance of the secretariat in that regard;
(i) Requested the secretariat to provide such assistance subject to the availability of extrabudgetary resources;
(j) Requested States parties that had already responded to the questionnaire circulated by the secretariat in accordance with decision 1/5 to update such information or legislation as appropriate;
(k) Requested the secretariat to submit an analytical report to include information received pursuant to the present decision, ensuring that it contained sufficient detail to permit the Conference of the Parties to review the implementation of the Protocol and the present decision, to the Conference of the Parties at its third session;
(l) Also requested the secretariat to submit to the Conference of the Parties at its third session new or updated information received pursuant to subparagraphs (g) and (j) above;
(m) Decided that the programme of work under this item for its third session would include the following:
(i) Consideration of matters related to assistance to and protection of victims of trafficking in persons (article 6) and status of such victims in receiving States (article 7);
(ii) Consideration of matters related to repatriation of victims of trafficking in persons (article 8);
(iii) Consideration of matters related to border measures (article 11), security and control of documents (article 12) and legitimacy and validity of documents (article 13);
(iv) Consideration of the value of developing, in cooperation with the International Labour Organization, indicators for forced labour;
(n) Requested the secretariat to collect information from States parties and signatories to the Protocol, in the context of the above programme of work, using for that purpose a questionnaire to be developed in accordance with guidance provided by the Conference of the Parties at its second session;
(o) Urged States parties to respond promptly to the questionnaire circulated by the secretariat;
(p) Invited signatories to provide the information requested by the secretariat;
(q) Requested the secretariat to submit an analytical report based on the responses to the questionnaire to the Conference of the Parties at its third session.
Implementation of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
The Conference of the Parties to the United Nations Convention against Transnational Organized Crime:
(a) Reiterated its decision 1/6, by which it had requested States parties to respond promptly to the questionnaire circulated by the secretariat on the issues identified in that decision and had invited signatories to provide the information requested by the secretariat on those issues;
(b) Noted with concern that the analytical report prepared by the secretariat [6] was based on the responses of only 45 per cent of States parties to the Protocol against the Smuggling of Migrants by Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime; [7]
(c) Urged those States parties which had not yet done so to submit their responses to the questionnaire to the secretariat not later than 31 March 2006;
(d) Invited signatories that had not yet done so also to provide the information requested by the secretariat;
(e) Called upon States parties and signatories to review the analytical report prepared by the secretariat for the second session of the Conference of the Parties and to be guided by it in preparing their responses;
(f) Noted with concern that a number of States parties had not complied with their obligations under the Protocol;
(g) Urged those States parties which had not complied with their obligations under the Protocol to rectify that situation as soon as possible and to provide information on the measures taken to do so to the secretariat for submission to the Conference of the Parties at its third session;
(h) Called upon States parties and signatories that encountered difficulties in providing the information requested by the secretariat in accordance with decision 1/6 and the present decision or in complying with their obligations under the Protocol to seek the assistance of the secretariat in that regard;
(i) Requested the secretariat to provide such assistance subject to the availability of extrabudgetary resources;
(j) Urged States parties to review whether they had fulfilled the reporting obligations referred to in article 8, paragraph 6, of the Protocol;
(k) Requested States parties that had already responded to the questionnaire circulated by the secretariat in accordance with decision 1/6 to update such information or legislation as appropriate;
(l) Requested the secretariat to submit an analytical report to include information received pursuant to the present decision, ensuring that it contained sufficient detail to permit the Conference of the Parties to review the implementation of the Protocol and the present decision, to the Conference of the Parties at its third session;
(m) Also requested the secretariat to submit to the Conference of the Parties at its third session new or updated information received pursuant to subparagraphs (g) and (k) above;
(n) Decided that the programme of work under this item for its third session will be as follows:
(i) Consideration of matters related to protection and assistance measures for smuggled migrants (article 16);
(ii) Consideration of matters related to return of smuggled migrants (article 18);
(iii) Consideration of matters related to border measures (article 11), security and control of documents (article 12) and legitimacy and validity of documents (article 13);
(o) Requested the secretariat to collect information from States parties and signatories to the Protocol, in the context of the above programme of work, using for that purpose a questionnaire to be developed in accordance with guidance provided by the Conference of the Parties at its second session;
(p) Urged States parties to respond promptly to the questionnaire circulated by the secretariat;
(q) Invited signatories to provide the information requested by the secretariat;
(r) Requested the secretariat to submit an analytical report based on the responses to the questionnaire to the Conference of the Parties at its third session.
Implementation of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime
The Conference of the Parties to the United Nations Convention against Transnational Organized Crime:
Decides to carry
(a) Decided to carry out the functions assigned to it in article 32 of the United Nations Convention against Transnational Organized Crime [8] with respect to the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the Convention, [9] by, inter alia, establishing a programme of work that it would review at regular intervals;
(b) Decided also that, for its third session, the programme of work with respect to the Firearms Protocol would be as follows:
(i) Consideration of the basic adaptation of national legislation in accordance with the Protocol;
(ii) Commencement of the examination of criminalization legislation and difficulties encountered in the implementation of article 5 of the Protocol;
(iii) Enhancing international cooperation and developing technical assistance to overcome difficulties identified in the implementation of the Protocol;
(iv) Exchange of views and experience regarding record-keeping, marking of firearms and licensing gained in the implementation of articles 7, 8 and 10 of the Protocol;
(c) Requested the secretariat to collect information from States parties and signatories to the Firearms Protocol, in the context of the above programme of work, using for that purpose a questionnaire to be developed in accordance with guidance provided by the Conference of the Parties at its second session; [10]
(d) Requested States parties to respond promptly to the questionnaire circulated by the secretariat;
(e) Invited signatories to provide the information requested by the secretariat;
(f) Requested the secretariat to submit to the Conference of the Parties at its third session an analytical report based on the responses to the questionnaire.
Technical assistance activities:
The Conference of the Parties to the United Nations Convention against Transnational Organized Crime, bearing in mind that matters relating to technical assistance should be addressed primarily by the Conference of the Parties,
Decides to carry out the functions assigned to it in
(a) Decided to establish an open-ended interim working group, chaired by a member of the bureau, in accordance with article 32, paragraph 3, of the United Nations Convention against Transnational Organized Crime, [11] and rule 2, paragraph 2, of the rules of procedure of the Conference of the Parties, to advise and assist it in the implementation of its mandate on technical assistance;
(b) Requested the secretariat to continue to develop an information base for assessing challenges in implementing the Convention and the Protocols thereto, through analytical reports on the implementation of the Convention and the Protocols based on information provided by States parties and signatories in response to the questionnaires sent to them by the secretariat, requests from States for technical assistance and lessons learned from assistance previously rendered;
(c) Decided that the working group should perform the following functions:
(i) Review needs for technical assistance in order to assist the Conference of the Parties on the basis of the information bases established by the secretariat;
(ii) Provide guidance on priorities based on multi-year programmes approved by the Conference of the Parties and its directives;
(iii) Take into consideration, as appropriate and readily available, information on technical assistance activities of the secretariat, as well as of States, and on projects and priorities of States, other entities of the United Nations system and international organizations, in the areas covered by the Convention and its Protocols;
(iv) Facilitate mobilization of potential resources;
(d) Requested the secretariat, on the basis of guidance provided by the Conference of the Parties and its working group, to develop project proposals to address the needs identified, taking into consideration equitable geographical distribution, and different legal systems as appropriate;
(e) Decided that the working group should meet during the third session of the Conference of the Parties and, within existing resources, should hold at least one intersessional meeting before the fourth session of the Conference of the Parties;
(f) Requested the secretariat to assist the working group in the performance of its functions;
(g) Decided that the Chairman of the working group should submit a report on the activities of the working group to the Conference of the Parties;
(h) Requested the secretariat to submit a report to the Conference of the Parties at its fourth session on its relevant technical assistance activities;
(i) Decided to review and take a decision on the effectiveness and future of the working group at its fourth session, in 2008.
[1] General Assembly resolution 55/25, annex I.
[2] CTOC/COP/2005/2 and Corr.2.
[3] General Assembly resolution 55/25, annex I.
[4] CTOC/COP/2005/3.
[5] General Assembly resolution 55/25, annex II.
[6] CTOC/COP/2005/3.
[7] General Assembly resolution 55/25, annex III.
[8] General Assembly resolution 55/25, annex I.
[9] General Assembly resolution 55/255, annex.
[10] It was the understanding of the Conference that the questionnaire referred to in this paragraph would not include questions on the implementation of articles 7, 8 and 10 of the Protocol.
[11] General Assembly resolution 55/25, annex I.
