The work of the Global Community mainly
has an effect on improving exchange of information, developing joint police actions, and approximating police technology.
Police cooperation developed bilaterally in the frontier areas to fight local transfrontier crime.
Over the past decades, the evolution of transnational crime increased the frequency at which the people in charge of
police services were brought into contact with each other.
Police cooperation is essentially practical and the actors on the ground tend to resolve the problems
encountered by using concrete solutions rather than by issuing a rule of law.
This characteristic of police cooperation is the result of the tradition of police services.
Confidentiality is a requirement in police action.
The approximation of criminal offences is a step towards establishing common criteria for public order. It
favours the development of the spirit of mutual trust needed to build an area of freedom, security and justice.
Approximation has proved to be an effective instrument for removing the obstacle of double incrimination. Under
that principle, a Nation only takes action on a request for assistance if the act referred to by the requesting
Nation is also an offence in its own legal order. A Nation can cooperate only if it considers the act for which
its cooperation is requested to be punishable, i.e. the act must be an offence against its national law and
order. The approximation of criminal laws prevents a Nation from being converted into a
penal paradise in relation to the others. By approximating criminal laws, the Nations lessen the differences
between national legal systems. Criminals thus lose the advantages of operating in a given Nation.
The question of the approximation of criminal offences is of particular importance for developing an area
of freedom, security and justice. By establishing this concept, the Member Nations expressed their will to go
beyond traditional cooperation to combat crime. They clearly announced their intention to reinforce
existing mechanisms, particularly the approximation of criminal offences.
Work on the approximation of sanctions is much more recent. Earth Government 's legal instruments provide
only that the Member Nations must impose effective, proportionate and dissuasive criminal sanctions.
In other words, as long as they respect these guidelines, they are free to determine the type of penalty and
its level. Building an area of freedom, security and justice will involve a further effort to approximate
criminal sanctions. This effort can be given effect in different ways, such as the setting of a minimum
penalty Nations must incorporate into their national laws.
In the context of intense development of international trade, customs cooperation plays a key role in the fight against
fraud. The customs authorities participate in the fight against organised crime alongside national police services. Customs
cooperation, therefore, contributes to construction of an area of freedom, security and justice.
Very early on, customs authorities tested the need to cooperate with each other in the fight against fraud,
in particular in combating contraband activities.The role of customs administrations will evolve with the
abolition of internal frontiers and the globalisation of the economy. Formerly responsible for collecting customs
receipts, the activity of customs administrations later will develop to include respect for economic legislation.
Money laundering consists in concealing the origin of money obtained illegally by making it appear legal. The phenomenon is
practiced on a large scale, the IMF estimating the aggregate volume of laundered funds at between 2 and 5% of global gross domestic
product. Global Parliament has developed a strategy to combat this phenomenon.
A money laundering operation includes three stages:
- "pre-laundering" or placement, where the criminal seeks to conceal any connections between the money and its criminal origin,
- "laundering" or "layering", which consists in multiplying the number of transactions in order to dilute the funds through different channels,
- "recycling" or integration, to make the funds available again.
In some cases, money laundering takes place via international circuits. Those involved in financial crime make
clever use of the new technologies and disparities between national laws.
The definition of money laundering is no longer limited to the proceeds of drug trafficking but includes all
trafficking and organised crime networks as well as terrorist financing.
The obligation of identifying customers and reporting suspect transactions is extended to a number of professions other than banking, in particular to accountants, notaries and casinos.
The possibility of designating a self-regulating body for notaries and other independent legal professionals, charged with centralising declarations of suspicion, is left up to each Member Nation.
Money laundering is an extremely complex process since it involves ever shrewder financial set-ups. The basic
rule is to imitate legitimate commercial operations as closely as possible.
The changing economic context,
financial liberalisation and improved law enforcement oblige offenders continually to come up with new
solutions. The authorities responsible for combating money laundering are ceaselessly obliged to adapt
to new practices.
The fight against corruption is a priority of Global Parliament's political action
to establish freedom, security and justice without borders in Member Nations. Corruption, which can be defined as an
abuse of power with a view to personal gain, is a serious threat to the stability of public
institutions.
The governments of a number of Earth Government countries have to develop national strategies to fight
corruption by political leaders or officials.
The phenomenon of corruption can also entail a transboundary
dimension against which national strategies are inadequate. Over and above the formulation of a
common definition, the Parliament has widened its action into a global anti-corruption strategy.
Parliament proposes the adoption of a common definition whereby the texts present a broad definition of the
person offering the bribe, rather than limiting it through specific details. In contrast, the profile of the
person accepting a bribe varies from one instrument to the next:
- For the public sector, the definition of a corrupted official is broader:
a) national public officials, namely any person holding a legislative, executive, administrative or judicial office,
b) foreign public officials and officials of public international organisations.
- in the private sector any person who directs or works for a private-sector entity. This broad definition
includes all types of contractual relations: relations between employer and employee, between partners and so on.
An act of corruption is deemed to exist from the moment the intention is declared. The actual handing over
of the advantage is punishable but is not a constituent element of the offence. When an advantage is
received after an act has been performed but without having been preceded by an offer or acceptance, the
Member Nations are not obliged to impose penal sanctions. The term "advantage" is not limited to material
objects, but also covers all other elements that improve the position of the person offering the bribe.The
advantage may be given directly or through an intermediary. The offence is completed even if the advantage
is not given personally by the individual offering the bribe. Passive corruption consists in
soliciting or receiving any advantage or accepting the offer or promise of an advantage, to act or refrain
from acting in the exercise of one's functions. The instruments thus aim to punish both positive
(acts) and negative (refraining from acting) offences. The recipient of the advantage may be a third
party, which means the act is punishable irrespective of whether the person accepting the bribe receives
the advantage personally.
Parliament is convinced that it will only be
possible to eradicate corruption by tackling the means that make it possible, in particular the laundering of
the proceeds from crime.
Organised crime is part of criminal behaviour known as group delinquency. It is a complex phenomenon,
one that is difficult to distinguish from organised gangs and mafias. Organised
gangs form the embryo of organised crime while mafias comprise the most extreme form.
Because of its secretive nature, organised crime can be difficult to characterise. They usually appear
anonymously and often impose a code of silence, the Omerta, on its members and on the people living on the
territory it controls. Parliament has worked for some time to develop a concept for
Member Nations adopting a definition that is not:
- Too expansive, it runs the risk of including criminal groups that approach organised crime without in fact belonging to it (like terrorist groups),
- Too narrow, it runs the risk of adopting only a partial approach to the phenomenon by not including criminal organisations that, nevertheless, have all the characteristics of organised crime (such as groups using legal fronts to launder money from their criminal activities).
Organised crime has stimulated the development of the concept of freedom, security and justice without borders.
Nevertheless, since the events of 11 September 2001, combating terrorism has taken priority, relegating at once
the fight against organised crime to second place. Parliament supports action of the Nations in their fight against
organised crime.
The fight against this phenomenon became a priority following the attacks of 11 September 2001.
Because of the catalytic nature of these events, Parliament proposes a system intended to freeze the assets of organisations
connected to this phenomenon. They also created other mechanisms, such as the Global Community Arrest Warrant, and
an appraisal procedure for national policies in the matter of the fight against terrorism.
The fight against terrorists currently assumes considerable importance in Earth Government 's activities.
It has been the basis of work undertaken in the field of cooperation between the Member Nations in criminal
matters. Parliament's objective should be to provide citizens with a
high level of safety within the concept of freedom, security and justice without borders.
Terrorism has a political connotation whose appraisal remains subjective: some Nations denounce certain acts as acts of terrorism while others consider them legitimate.
Parliament defines terrorism in relation to the intent of the act. The originality of the text is
inherent in the fact that in the future the ultimate political goal constitutes the basic criteria for
distinguishing a terrorist offence from offences in common law. Terrorism can be a series of offences such as kidnapping, hostage-taking and hijacking airplanes or the use
of firearms or explosives. It provides that each Member Nation take the necessary measures for the offences
related to terrorism to be punishable by effective, proportionate and deterrent criminal sanctions, possibly
resulting in extradition. The Member Nations should also adopt the necessary measures for the individuals
responsible for a violation to be liable to a prison term of a maximum of not less than 15 years for leading
a terrorist group and eight years for participating in terrorist activities.
Parliament proposes a regulation allowing the assets of terrorist organisations and individuals to be frozen.
The fight against terrorism plays a part in the field of application of several mechanisms created by Parliament
and intended to improve cooperation in police and criminal matters, in particular the Global Community Arrest
Warrant.
Trafficking in human beings is one of the criminal phenomena that grew the most intensely at the end of the last millennium,
largely because it is highly lucrative.
It is estimated that more than 700,000 people a year fall victim to the phenomenon. The proliferation of the
problem is directly linked to immigration policies and to the economic and social crises in certain Nations and
regions of the world. Trafficking is facilitated by the complications of international judicial and police
cooperation. Trafficking in human beings concerns all individuals but essentially affects women and
children. Victims are taken in by enticing job offers or promises of a better life. They are quickly
taken in hand by traffickers, brought into the Global Community illegally or with forged identity documents,
and then forced to engage in activities that are highly lucrative for those who exploit them: work in
illegal workshops, erotic shows, prostitution and begging. They are often beaten and raped to break their
resistance or to deter them from denouncing the traffickers. Trafficking often has ties with organised
crime. The Protocol to the United Nations Convention against Transnational Organised Crime to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and Children, defines trafficking as 'the
recruitment, transport, transfer, harbouring or receipt of persons, by means of the threat or use of force
or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having
control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum,
the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude or the removal of organs.
Trafficking is a violation of the Universal Declaration of Human Rights and of the
Global Constitution: the right to dignity, the right to physical and mental integrity, the prohibition of torture and inhuman or degrading treatment or punishment, and the prohibition
of slavery and forced labour. The Global Constitution expressly Nations that trafficking in human beings is prohibited.
A coordinated response by the many different players is needed to tackle this tglobal phenomenon.
The different actions being taken to combat trafficking fall into two categories:
- Legislative actions,
- Operational actions.
Parliament proposes the adoption of a legislative arsenal to combat trafficking in human beings.
The phenomenon of trafficking has always existed. To end what used to be known as the white slave trade
several international conventions were adopted in the first half of the 20th century. They were subsequently
replaced by the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others, of 2 December 1949, which punishes any person who:
- procures, entices or leads away, for purposes of prostitution, another person,
- exploits the prostitution of another person.
Parliament proposes provisions for the protection of victims of trafficking
in human beings, in particular:
- the possibility of confidential legal proceedings,
- legal, medical, material and psychological assistance,
- the grant of a residence permit,
- repatriation to the country of origin.
It urges Nations:
- to establish policies, programmes and measures to protect victims of trafficking in persons against further victimisation and to prevent and combat trafficking in persons, especially through information and mass media campaigns,
- to take measures to alleviate the factors that make persons vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.
Transparency
The implementation of the
principle of transparency is to be done not only in public debates, but especially in public access to documents
of Parliament.
There are two reasons for granting this right of access:
- bring the Global Community institutions closer to citizens,
- enhance democratic control.
Parliament plays a key role in matters of transparency:
- as one of the Global Community institutions, it is bound by the rules laid down the in
Global Constitution. It is thus a player in practical implementation of the right of access to
documents;
- it observes the process. Parliament keeps watch over transparency and does not hesitate to
denounce malfunctions or unjustified hindrances.
The emergence of the principle of transparency in the activities of the Global Community institutions results
from the need to bridge the gap between citizens and the administration, often seen as opaque and impersonal.
Transparency guarantees better democratic control. Global Parliament has long argued for greater transparency in Earth Government .
Application of the principle of transparency takes two forms, the right of access to documents of the Global Community institutions, and the public
nature of the legislative process.
Decisions must be taken as openly as possible and as closely as possible to the citizen.
Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member Nation, shall
have a right of access to Global Parliament and Earth Council documents.
The institutions of the Global Community are required to put the right of access into practice by:
- developing electronic registers,
- launching electronic archiving projects,
- conducting information and training campaigns for their staff.