Reflections on Transnational Organized Crime: Inspired by the UNODC SE4U Self-Paced Course

Introduction

A few weeks ago, I was fortunate enough to have been chosen to participate in an online self-paced course on "Stakeholder Engagement for the Implementation of the UN Convention against Transnational Organized Crime (SE4U)." This course was organized by the Civil Society Unit of the United Nations Office on Drugs and Crime (UNODC). Prior to taking this course, my knowledge of the United Nations Convention against Transnational Organized Crime (UNTOC) had been limited, as I had mostly focused on other international standards and norms in crime prevention and criminal justice reform, including anti-corruption. For instance, in my professional experience working in the fields of access to justice and anti-corruption, I have had ample engagement with a range of international standards and guidelines, such as the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, and the United Nations Convention Against Corruption (UNCAC), among others.

My interest in this course stemmed from my past involvement in processes like the Universal Periodic Review and the UNCAC review process in Zimbabwe. As someone who is passionate about democracy, governance, and human rights, I am always on the lookout for opportunities to enhance my knowledge of global challenges that impede the realization and enjoyment of human rights, particularly in my homeland. My ultimate goal is to contribute to the development of sustainable solutions to these issues.

The course has been a transformative experience, broadening my perspective on the issue of transnational organized crime and motivating me to write this general blog on the topic.

The United Nations Convention against Transnational Organized Crime

The UNTOC is the main international instrument in the fight against transnational organized crime. Its aim is to promote cooperation to prevent and combat transnational organized crime more effectively (Article 1). The Convention was adopted in 2000 and entered into force in 2003. It is supplemented by three protocols, namely; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. To date, it is one of the few international treaties attracting almost universal participation, with 190 State Parties.

What is (transnational) organized crime?

Chances are, when you read the words organized crime, your mind drifted to the 1972 film, The Godfather (I am also guilty as charged!). However, organized crime has evolved over time and become a global phenomenon. The rise of transnational organized crime has been attributed to factors such as globalization, civil wars, the advancement of the international economic arena, and weak institutions. Perhaps this is why the UNTOC does not provide a comprehensive definition of transnational organized crime or organized crime. Instead, it focuses on criminalizing specific offenses related to transnational organized crime (Articles 5; 6; 8; 23) and “serious crimes where the offence is transnational in nature and involves an organized criminal group”. This approach allows for flexibility in addressing the ever-changing nature of transnational organized crime while providing a framework for cooperation and collaboration among states.

The Convention defines an organized criminal group as a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with the UNTOC, in order to obtain, directly or indirectly, a financial or other material benefit (Article 2(a)). On the other hand, a serious crime is defined as “conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty” (Article 2(b)). By defining what constitutes an organized criminal group and a serious crime, the Convention provides a common language and understanding for States to use in their efforts to prevent and combat transnational organized crime.

Interestingly, the language adopted in the UNTOC is similar to that of the UNCAC, which is not surprising given that both conventions aim to address similar issues related to international crime and corruption. Both conventions share similar approaches, including placing emphasis on the criminalization of certain offenses, the promotion of international cooperation, and the provision of technical assistance to states in need.

Measuring transnational organized crime - the Global Organized Crime Index

Organized crime, much like corruption, is a clandestine and illicit operation that makes it difficult to gain insight into the actors and methods involved in each country. Fortunately, the Global Initiative Against Transnational Organized Crime (GI-TOC) has developed a valuable tool known as the Global Organized Crime Index, which I came across during my research on this topic. As stated above, the UNTOC does not offer a comprehensive definition of organized crime, however, the GI-TOC's definition of organized crime, adopted for the Index, describes it as "illegal activities conducted by groups or networks acting in concert, by engaging in violence, corruption or related activities in order to obtain, directly or indirectly, a financial or material benefit." These activities can occur domestically and internationally.

The Global Organized Crime Index measures the levels of organized crime in a country and assesses their resilience to organized criminal activity. 193 United Nations member states are evaluated using the tool. Taken into consideration are the scope, scale, and impact of specific criminal markets and the structure and influence of the criminal actors. The Index uses a score of 1 to 10, where 1 represents the lowest levels of criminality and 10 represents the highest levels of organized crime. Ten criminal markets are considered in the Index, including Human trafficking, Human smuggling, Arms trafficking, Flora crimes, Fauna crimes, Non-renewable resource crimes, Heroin trade, Cocaine trade, Cannabis trade, and Synthetic drug trade. Additionally, the Index identifies four typologies of criminal actors: Mafia-style groups, Criminal networks, State-embedded actors, and Foreign actors.

The Index also evaluates a country's resilience to organized criminal activity, which measures the country's ability to prevent and combat organized crime (existence, capacity, and effectiveness of a country’s measures against organized crime). The resilience score ranges from 1 to 10, with 1 indicating the lowest level of resilience and 10 indicating the highest level of resilience. The assessment of resilience is based on twelve indicators, which include political leadership and governance, government transparency and accountability, international cooperation, national policies and laws, judicial system and detention, law enforcement, territorial integrity, anti-money laundering measures, economic regulatory capacity, victim and witness support, prevention, and non-state actors.

According to the first edition of the Global Organized Crime Index, which was released on September 28, 2021, the state of organized crime worldwide is concerning. The Index reveals that no country is free from organized crime, and the average global score for criminality is 4.87. While some countries have made significant progress in developing measures to combat organized crime, the global average resilience score is still low, at 4.82.Top of Form

Interplay between transitional organized crime, corruption and democracy

It is important to consider the relationship between corruption, democracy, and a country's ability to address organized crime. While corruption is not explicitly measured as a criminal market in the Global Organized Crime Index, it is acknowledged as a cross-cutting theme that affects the criminal markets, actors, and resilience of each country.

To further explore this relationship, I decided to reflect on the nexus between a country’s ability to effectively address organized crime, the type of democracy existing in the country and the levels of corruption, since indicators such as political leadership and governance, government transparency, and accountability are used to assess resilience in the Global Organized Crime Index. For corruption, I make reference to the Corruption Perceptions Index, which measures perceived levels of corruption in the public sector in different countries.

I chose five countries at random that had the highest resilience scores and compared them to five countries with the lowest resilience scores. As shown in the chart below, countries with full democracies demonstrate stronger abilities to control corruption, leading to more effective implementation of measures to combat organized crime and ultimately higher levels of resilience. It is worth highlighting the emphasis on "implementation."

Organized crime in Zimbabwe

Zimbabwe ratified the UNTOC on 12 December 2007, making it a State Party and agreeing to adhere to the convention's provisions and implement its obligations. These obligations include criminalizing certain offenses such as participation in an organized criminal group, money laundering, corruption, and obstruction of justice, as well as supporting extradition, mutual legal assistance, and law enforcement cooperation and providing training and technical assistance to enhance the capacities of its national authorities. However, despite having sound institutional, legal, and policy frameworks to combat transnational organized crime, Zimbabwe's performance on the Global Organized Crime Index is worrisome. The chart below provides an overview of Zimbabwe’s score in relation to the Global average, Africa average and Southern Africa average. In terms of criminality, Zimbabwe ranks 59th out of 193 countries globally, 19th out of 54 African countries, and 3rd out of 13 Southern African countries. On resilience, the country is ranked 164th out of 193 countries globally, 36th out of 54 African countries, and 12th out of 13 Southern African countries.

Admittedly, in some instances, the country falls short on technical expertise to investigate and prosecute transnational organized crimes. However, I am of the view that the main issue lies in the non-implementation of institutional, legal, and policy frameworks, as well as the impunity granted to criminal actors. The Global Organized Crime Index report for 2021 indicates that state-embedded actors are the most prevalent criminal actors in Zimbabwe (score of 8), followed by criminal networks (score of 7.5), which is not surprising given the discourse around state capture in the country. In this instance, I am inclined to agree with Carr (2019) who suggests that some State Parties, particularly those from developing countries, sign international treaties and enact domestic laws just to create an impression of efforts to combat corruption and crime to attract foreign direct investments. Nonetheless, it is essential to recognize that developed countries are not exempt from corruption, as evidenced by the Panama Papers and most recently the Pandora Papers, which highlight the role of developed countries as enablers of global corruption.

You can read the Zimbabwe Global Organized Crime Index country report here.