3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and

otion and Enforcement of …

Increase Font Size

Home Read Sign in

Search in book …

INTERNATIONAL FORA FOR THE PROTECTION, PROMOTION AND

ENFORCEMENT OF HUMAN RIGHTS

CONTENTS

8. Commission on Crime
Prevention and Criminal Justice
S G SREEJITH

epg
p

Introduction

The Commission on Crime Prevention and Criminal Justice (CCPCJ) is the princi-
ple policymaking body of the United Nations in the field of crime prevention and
criminal justice. At the request of the United Nations General Assembly it was es-
tablished by the Economic and Social Council (ECOSOC) in 1992 in resolution
1992/1 as one of its subsidiary bodies.

CCPCJ’s mandates and priorities are laid down in ECOSOC resolution 1992/22,
which include improving international action to combat national and transna-
tional crime and the efficiency and fairness of criminal justice administration
systems.
https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 1/10
3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

Increase
The Commission guides the activities of the United Nations in the fieldFont Size
of crime
prevention and criminal justice and also reviews UN standards and norms in this
area including their use and application by member states. CCPCJ acts through
resolutions and decisions.

This module introduces readers to the structure and workings of the Commission.
It begins by placing the Commission within the broader framework of crime pre-
vention and criminal justice and the United Nations Crime Prevention and
Criminal Justice Programme Network. It then describes the technical and func-
tional aspects of the Commission, including its membership, functions, inter-ses-
sional meetings and expert and working groups.

Learning Outcomes:

After completing this module, readers should know and understand:

The CCPCJ’s role within the United Nations Crime Prevention and Criminal
Justice Programme Network framework
The functions of the Commission
The structure and organs of the Commission.

Crime Prevention and Criminal Justice

The Vienna-based functional commissions of the ECOSOC, the Commission on

Narcotic Drugs and the Commission on Crime Prevention and Criminal Justice,
are the governing bodies of the United Nations Office on Drugs and Crime
(UNODC) and they provide guidance and oversight for the United Nations drug
programme and the Crime Prevention and Criminal Justice Programme, respec-
tively. Thus, CCPJC is a part of the UNODC, which belongs to a larger picture of
the United Nations Crime Prevention and Criminal Justice Programme Network.
This network, which includes UNODC and other interregional and regional insti-
tutes around the world, has been developed to assist the international community
in strengthening cooperation in the field of crime prevention and criminal justice.

The mandate of the CCPCJ, therefore, is of direct relevance to the broader poli-
cies of Crime Prevention and Criminal Justice and action to foster development.
In 1991, the UN General Assembly adopted the “Statement of principles and pro-
grammes of action of the United Nations crime prevention and criminal justice
programme”, which had in fact set out the mandate of the CCPCJ, explicitly stat-

https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 2/10

3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

Increase
ing that rising crime impaired the process of development and Font Size
thus laying the
foundation for CCPCJ.

While the broader framework within which the CCPCJ is placed is understood,
United Nations criminal policy may strike many as an anomaly. This is because the
UN is an intergovernmental organization that does not have the power to define
what behaviour is deemed to be criminal, except in the form of draft treaties, or
to interpret criminal provisions. The resolutions adopted by the General Assembly
and other bodies are not legally binding and also these resolutions have been
faulted as being phrased in overly general language, which allows considerable
flexibility to the member states in their interpretation and implementation. This
would give rise to the question as to how then, can such a body have a coherent
criminal policy? This is because international cooperation in crime prevention
and criminal justice underwent a fundamental shift as member states realised
that closer cooperation in responding to international crime is in fact in their own
self-interest. The CCPCJ has thus evolved into a forum for heated debates on
what issues the United National Programme should be involved in, and managing
international cooperation within the framework of the United Nations. The most
important task facing the CCPCJ is deciding what work needs to be done and the
priority issues of the United Nations Crime Prevention and Criminal Justice
Programme. This is essentially done through establishing and allotting broad pri-
ority themes during each of its sessions and having an elaborate discussion on it.
Part C of the chapter will explain in detail about these sessions.

Functions

The Commission offers the UN Member States a forum for the exchange of exper-
tise, experiences and information, in order to develop national and international
strategies and the design of more effective policy lines in the fight against crime.
It also ensures the coordination among other bodies of the UN and deals with the
preparation of the United Nations Crime Congresses, whose declarations are
transmitted through CCPCJ and ECOSOC to the General Assembly for approval.
The outcomes of the congresses are them implemented into action by the CCPCJ,
through the adoption of resolutions. The Commission works in tandem with many
institutions under the United Nations Crime Prevention and Criminal Justice
Programme Network and also many working groups for thematic discussion.

In 2006, the General Assembly adopted resolution 61/252 which led to the further
expansion of the mandates of CCPCJ and enabled it to function as a governing
body of the UNODC. It also approves the budget of the United Nations Crime
https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 3/10
3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

Prevention and Criminal Justice Fund, which offers resources forIncrease Fontassist-
technical Size
ance in the field of crime prevention and criminal justice, across the globe. The
Commission also coordinates with the other United Nations bodies that gave spe-
cific mandates, particularly in the field of crime prevention and criminal justice. It
also serves as the preparatory body to the United Nations Crime Congresses.

Membership

The CCPCJ is composed of 40 Member States, elected by the ECOSOC. The term
of office is three years. In accordance with General Assembly resolution 46/152
and ECOSOC resolution 1992/1, a slate of 20 new members are elected for a
three-year term in those years in which the term of 20 current members expires.

The distribution of seats among the regional groups is as follows:

a) Twelve for African States

b) Nine for Asian States
c) Eight for Latin American and Caribbean States
d) Four for Eastern European States
e) Seven for Western European and other States

The members as of 1 January 2015 are: Argentina, Bahamas, Belarus, Brazil,

Cameroon, Canada, China, Colombia, Czech Republic, Democratic Republic of
Congo, Ecuador, El Salvador, Eritrea, Germany, Ghana, Indonesia, Iran, Italy,
Japan, Kenya, Liberia, Mauritius, Mexico, Morocco, Namibia, Nigeria, Norway,
Pakistan, Peru, Qatar, Republic of Korea, Russian Federation, Saudi Arabia, Sierra
Leone, Slovakia, Switzerland, Thailand, United Kingdom of Great Britain and
Northern Ireland, United States of America, Zimbabwe.

Sessions

The members of the Commission meet annually for a maximum period of ten
days, which are called the regular sessions. The objective of these meetings is to
provide policy guidance to UNODC. Towards the end of each year, the CCPCJ
meets at a reconvened session to consider budgetary and administrative matters
as the governing body of the Crime Prevention and Criminal Justice Programme.
At the end of the session, the Commission puts forth a provisional agenda for the
upcoming session, which is then approved by the ECOSOC. The sessions are con-
vened to finalize the provisional agenda of the Commission, to address organiza-

https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 4/10

3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

tional and substantive matters and to provide continuous andIncrease Fontpolicy

effective Size
guidance.

During the inter-sessional meetings, the Commission does not hold a general de-
bate, but rather a thematic discussion on a priority issue identified at its previous
sessions.

At its first session in 1992, CCPCJ established three broad priority themes for the
UN Crime Prevention and Criminal Justice Programme. These were: a) national
and transnational crime, organized crime, economic crime and the role of crimi-
nal law in the protection of the environment; b) urban crime, juvenile crime and
violent crime; and c) the improvement of the criminal justice system. Such a de-
termination of priority themes seems faulty as the themes were so general that
almost any crime and criminal justice related issue could be put under one or
more of them. This led to the requirement of a mechanism to be used in identify-
ing more specific issues within the framework of these priority themes. The
Commission would identify four or five pressing issues and request that the UN
Secretary-General prepare a report on the experience and good practice of
Member States and other entities. Once a report is submitted on this, usually
within one or two years, the Commission would then recommend a programme of
action for Member States and then move on to new issues.

Such a procedure, however, had its own glitches, owing to the fact that different
Member States had understandably different ideas of what issues were pressing.
This is natural since the Member States come from varied regions and economic
backdrops. Therefore, what happened in practice was that specific issues were el-
evated to the status of priority issues by procedural sleight of hand; at the end of
the draft resolution in question, a paragraph is added that requests the Secretary-
General to report on implementation of that resolution to the next session and
for the Commission to then take certain action. This ensured that the matter
would definitely be considered again by the Commission and not be lost.
However, the procedure to be followed for and during a session has been evolving
over the years.

The prominent themes for the past four sessions (2012-2015) of the Commission,
as decided by the ECOSOC were:

21st Session (2012): “Violence against migrants, migrant workers and their
families”

https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 5/10

3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

22nd Session (2013): “The challenge posed by emerging forms Increase Font Size
of crime that
have a significant impact on the environment and ways to deal with it
effectively”
23rd Session (2014): “International cooperation in criminal matters”
24th Session (2015): “Follow-up to the Thirteenth United Nations Congress
on Crime Prevention and Criminal Justice”

Expert Groups and Working Groups

The Commission often uses internal working groups or intergovernmental expert

groups in order to study the needs in certain domains more precisely and also to
propose appropriate measures. Since CCPCJ’s inception, the following groups
have been established:

a) Open-ended intergovernmental expert group meeting to develop supple-

mentary rules specific to the treatment of women in detention and in cus-
todial and non-custodial settings: At its eighteenth session in 2009, the
CCPCJ, aware of the fact that many existing prison facilities worldwide were
designed primarily for male prisoners, and considering that women prisoners
are one of the vulnerable groups that have specific needs and requirements,
adopted resolution 18/1 entitled, “Supplementary Rules specific to the
Treatment of Women in Detention and in Custody and Non-Custodial
Setting.” With this resolution, the Commission requested the Executive
Director of the UNODC to convene an open-ended intergovernmental expert
group meeting. This group was to develop supplementary rules specific to the
treatment of women in detention and in custodial and non-custodial settings,
which are consistent with the Standard Minimum Rules for the Treatment of
Prisoners and the United Nations Standard Minimum Rules for Non-Custodial
Measures (the Tokyo Rules).
b) Open-ended Intergovernmental Expert Group Meeting on Strengthening
Access to Legal Aid in Criminal Justice Systems: In 2007, the ECOSOC
adopted resolution 2007/24 entitled “International cooperation for the im-
provement of access to legal aid in criminal justice systems, particularly in
Africa” after noting the prolonged incarceration of suspects and pre-trial de-
tainees without being provided with access to legal aid or to the courts. It
recognized that providing legal aid to suspects and prisoners may reduce the
length of time suspects are held at police stations and detention centres and
would also result in a reduction of the prison population, prison overcrowd-
ing and congestion is courts. In furtherance to this, ECOSC requested the
https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 6/10
3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

UNODC to convene an open-ended intergovernmental meeting Increase Font Sizeto

of experts
study ways and means of strengthening access to legal aid in the criminal jus-
tice system and the possibility of developing an instrument such as a declara-
tion of basic principles or guidelines for improving access to legal aid in crim-
inal justice systems.
c) Open-ended intergovernmental expert group meeting on civilian private
security services: their role, oversight, and contribution to crime prevention
and community safety: In 2009, CCPCJ adopted resolution 18/2 entitled
“Civilian private security services: their role, oversight and contribution to
crime prevention and community safety”, after noting the importance of
oversight of civilian private security services by competent state authorities
to ensure that they are not compromised or misused by criminal elements,
and that in some States, civilian private security services cooperate with and
assist the police contributing to crime prevention and community safety. In
this resolution, the Commission also decided to establish an ad hoc open-
ended intergovernmental expert group to study the role of civilian private se-
curity services and their potential contribution to crime prevention and com-
munity safety and also to consider issues relating to their oversight by com-
petent State authorities.
d) Open-ended intergovernmental expert group on protection against traf-
ficking in cultural property: The ECOSOC, in resolution 2008/23, entitled
“Protection against trafficking in cultural property” reiterated the request
made earlier in its resolution 2004/34 that the UNODC, in close association
with the United Nations Educational Scientific and Cultural Organization,
convene an open-ended intergovernmental expert group meeting in order to
submit relevant recommendations on protection against trafficking in cul-
tural property to the CCPCJ. These recommendations were also to be made
towards making the model treaty for the prevention of crimes that infringe
on cultural heritage of peoples in the form of movable property, more
effective.
e) Open-ended intergovernmental expert group meeting to develop a draft
set of model strategies and practical measures on the elimination of vio-
lence against children in the field of crime prevention and criminal justice:
In 2013, the General Assembly adopted resolution A/RES/68/189, “Model
Strategies and practical measures on the elimination of violence against chil-
dren in the field of crime prevention and criminal justice”. This resolution re-
quests the UNODC to convene a meeting of an expert group to develop a
draft set of model strategies and practical measures on the elimination of vio-

https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 7/10

3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

Increase justice,
lence against children in the field of crime prevention and criminal Font Sizeto
be considered by the CCPCJ at its twenty-third session in 2014.
f) Open-ended intergovernmental expert group meeting on gender-related
killing of women and girls: In 2013, the General Assembly adopted resolu-
tion 68/191, “Taking action against gender-related killing of women and
girls”. This resolution requested the Secretary-General to convene an ex-
pert group meeting to discuss means and methods to effectively prevent,
investigate, prosecute and punish gender-related killing. This group was to
take a more practical view, drawing on then current best practices in con-
sultation with relevant UN entities and human rights mechanisms.
g) Open-ended intergovernmental expert group meeting on the United
Nations standard minimum rules for the treatment of prisoners: The
General Assembly, in operative paragraph 10 of resolution 65/230, “Twelfth
United Nations Congress on Crime Prevention and Criminal Justice,” re-
quested the CCPCJ to establish an expert group to exchange and deliberate
upon best practices and national legislation as well as international law and
also on the revision of the existing UN standard minimum rules for the treat-
ment of prisoners, so they reflect recent advances in correctional science and
best practices and subsequently to make these recommendations to the
Commission. Upon the General Assembly’s recommendation, the expert
group was established. Considering the pressing importance the subject mat-
ter of this group has, the group could not come to a comprehensive set of
recommendations in just one meeting. The Group met four times, from 31
January to 2 February 2012 in Vienna; from 11-13 December 2012 in Buenos
Aires; from 25-28 March 2014 in Vienna; and 2-5 March, 2015 in Cape Town.
h) Standing open-ended intergovernmental working group on improving
the governance and financial situation of the United Nations Office on
Drugs and Crime: This was established in 2009 by the ECOSOC in its resolu-
tion 2009/251. The working group deals with the consolidated budget of
UNODC for the current biennium, evaluation and oversight, and other gover-
nance and financial matters, including the progress made by UNODC in im-
plementing its regional and thematic programmes.

Summary

The Commission on Crime Prevention and Criminal Justice (CCPCJ) is the princi-
ple policymaking body of the United Nations in the field of crime prevention and
criminal justice. It guides the activities of the United Nations in the field of crime
prevention and criminal justice and also reviews UN standards and norms in this
https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 8/10
3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

area including their use and application by member states. Increase

ActionFont
bySize
the
Commission is taken through resolutions and decisions. The CCPCJ is composed
of 40 Member States, which are elected by the ECOSOC for a term of three years.
The members meet annually for a maximum period of ten days, which are called
the regular sessions. The objective of these meetings is to provide policy guidance
to UNODC. During the inter-sessional meetings, the Commission does not hold a
general debate, but rather a thematic discussion on a priority issue identified at
its previous sessions.

The Commission, in furtherance of its objectives, often uses internal working

groups or intergovernmental expert groups. These groups help study the needs in
certain domains on a more precise level and also to propose appropriate
measures.

you can view video on Commission on Crime Prevention and Criminal Justice

Reference

1. United Nations Economic and Social Council- Substantive Session of 2013;

Available at:
http://www.un.org/en/ecosoc/julyhls/pdf13/hls_gs_panel_discussion_cr
p.pdf
2. Matti Joutsen, Emergence of United Nations Criminal Policy: The Fourth
Session of the United Nations Commission on Crime Prevention and Criminal
Justice, The Report., European Journal of Crime, Criminal Law and Criminal
Justice (1995)
3. Gert Vemeulen, Wendy De Bondt, Justice, Home Affairs and Security.
European and International Institutional and Policy Development, Malku
(2015).
4. United Nations Economic and Social Council- Substantive Session of 2013;
Available at:
http://www.un.org/en/ecosoc/julyhls/pdf13/hls_gs_panel_discussion_cr
p.pdf
5. Matti Joutsen, Emergence of United Nations Criminal Policy: The Fourth
Session of the United Nations Commission on Crime Prevention and Criminal
Justice, The Report, European Journal of Crime, Criminal Law and Criminal
Justice (1995)

https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken throu… 9/10

3/2/24, 3:56 PM Commission on Crime Prevention and Criminal Justice – International Fora for the Protection, Promotion and Enforcement of …

6. United Nations Office on Drugs and Crime, Commission on Increase Font Size
Crime Prevention
and Criminal Justice Vienna. Available at
https://www.unodc.org/unodc/en/commissions/FINGOV/FINGOV-
index.html

International Fora for the Protection, Promotion and Enforcement of Human Rights
Copyright © by S G Sreejith. All Rights Reserved.

https://ebooks.inflibnet.ac.in/hrdp07/chapter/commission-on-crime-prevention-and-criminal-justice/#:~:text=It guides the activities of,taken thro… 10/10