STATEMENT BY IRENA ZUBCEVIC, MINISTER PLENIPOTENTIARY
REPRESENTATIVE OF THE REPUBLIC OF CROATIA
TO THE SECOND COMMITTEE
General Assembly
Sixtieth Session
Item 54 (d)
New York, 28 October 2005
Mr. Chairman,
My delegation aligns itself with the statement of the EU on globalization. We would like, however, to stress a few national points regarding the sub item preventing and combating corrupt practices.
It is a well-known fact that good governance is crucial for sustainable development, creating an enabling environment for investment and economic growth. Therefore, fighting corruption is an essential prerequisite in this direction as corruption undermines the prospects for investment, undercuts legitimate economic competition, distorts economic growth and reinforces inequalities.
The Croatian authorities are very well aware of the distortions created by corruption and are doing their utmost at regional, national and local levels to create an environment where corruption will be eliminated and good governance promoted.
A solid legal framework has been created. On 21 March 2002 the Croatian Parliament adopted the National Program to Combat Corruption with the accompanying Action Plan. It recognizes the existence of corruption as a serious social problem. By virtue of these assumed obligations, amendments have been made to the Criminal Code and the Criminal Procedure Act. Thus, the Criminal Code defines and criminalizes organized groups, and criminal organizations. The latest amendments and supplements to the Criminal Code which are consistent with the UN Convention on Transnational Organized Crime and its Protocols and the Criminal Law Convention on Corruption also contain a definition of criminal offences of corruption in the private sector - the criminal offence of “accepting a bribe in economic business” and “offering a bribe in economic business”. Both active and passive involvement in a bribe have been criminalized.
The National Program also provided for the establishment of the Office for the Suppression of Corruption and Organized Crime as a special unit of the Public Prosecutor’s Office (USKOK). The ability of USKOK to conduct its work has been enhanced by legal measures introducing the institution of the “crown witness” and additional special inquiry measures – including forms of entrapment such as simulated business services or concluding simulated legal business.
Changes have also been made within the Ministry of the Interior by forming the Department for Combating Economic Crime and Corruption. The criminal liability of legal entities has been regulated through the adoption of the Act on the Criminal Liability of Legal Persons. The Act on the Prevention of Money Laundering has been adopted and the Office for the Prevention of Money Laundering has been established within the Ministry of Finance.
The Action Plan against Corruption comprises strengthening the efficiency of the rule of law, the establishment of the Office for the Suppression of Corruption and Organized Crime, and greater efficiency in the prosecution of corruption. It also includes organizational measures in the administrative system, the decentralization of power, financial liability and other economic measures, international activities and promotion of political and civic responsibility.
Most measures planned under the National Program to Combat Corruption have been carried out to date, which has prompted the Government to decide to draw up a new and comprehensive National Strategy against Corruption, which should be adopted by the end of this year.
In addition, the Government plans to establish an anticorruption body to be responsible for the implementation of the National Strategy. This new body will be assigned to deal with the issue of prevention of corruption and education of general public in compliance with the UN Convention on Corruption, which Croatia ratified on 4 February 2005. It will consist of representatives of both public administration and civil society, which will thus strengthen the role of civil society in fighting corruption.
Within the implementation of its national strategy, Croatia is also educating judges and public prosecutors in the area of corruption with the technical help of the European Union CARDS program and the Legal Academy of the Ministry of Justice.
The anti-corruption achievements of the Republic of Croatia have recently been evaluated by the GRECO (Council of Europe Committee against corruption). The second evaluation round on the estimation of the implementation of the Council of Europe’s anti-corruption acquis took place in Croatia at the end of March 2005, when the GRECO evaluation team visited the relevant Croatian institutions and judicial authorities. Its report is expected in the coming months.
Let me conclude, Mr. Chairman, by saying that concrete measures have been especially created to enhance the national capacity for international and regional cooperation and they constitute a solid basis for the further development of regional networks and frameworks. Most of these measures have already been completed: the aforementioned legislative changes, the establishment of a regional prosecutors’ network; the development of on-line communication with financial reporting institutions and participation in regional anti-money laundering programs. A Witness Protection Unit has been established and the EUROPOL project is about to be finalized.
All this shows that Croatia is active in combating corruption at all levels and stands ready to continue to do so also within the UN framework and to appraise partners of its efforts through the work of the Second Committee.
Thank you Mr. Chairman.
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