India
has ratified the United Nations Convention against Transnational Organised
Crime and its three protocols and the United Nations Convention against
Corruption.
The
United Nations Convention against Transnational Organised Crime is the main
international instrument in the fight against transnational organized crime. It
recognizes the need to foster and enhance close international cooperation in
order to tackle those problems. The convention is further supplemented by three
Protocols, which target specific areas and manifestations of organized crime
namely Protocols to combat (1) trafficking in persons (2) migrant smuggling and
(3) illicit trafficking in firearms.
The
United Nations Convention against Corruption complements the United Nations
Convention against Transnational Organised Crime. The Convention introduces a
comprehensive set of standards, measures and rules that all countries can apply
in order to strengthen their legal and regulatory regimes to fight corruption.
The
Convention enumerates in detail the measures to prevent corruption, including
the application of prevention policies and practices, the establishment of
bodies for that purpose, the application of codes of conduct for public
servants, and public procurement. It recommends promoting transparency and
accountability in the management of public finances and in the private sector,
with tougher accounting and auditing standards. Measures to prevent
money-laundering are also provided for, together with measures to secure the
independence of the judiciary, public reporting and participation of society
are encouraged as preventive measures. The Convention recommends the State
Parties to adopt such legislative and other measures as may be necessary to
establish a whole series of criminal offences. These are:
•
Corruption of national or foreign public officials and officials of public
international organizations;
• embezzlement, misappropriation or other diversion by a public official of any
public or private property;
•
trading in influence;
•
abuse of functions and illicit enrichment.
In
the private sector, the Convention calls for the creation of offences of
embezzlement and corruption. There are other offences relating to laundering
the proceeds of crime, handling stolen property, obstructing the administration
of justice, and participating in and attempting embezzlement or corruption.
YSK/PM