Welcome to the online course
"Introduction to the
UN Crime Programme meetings"
This is a joint online course by the European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI) and the University of Turku.
DESCRIPTION
HEUNI is the European regional institute in the United Nations Criminal Justice and Crime Prevention Programme Network. HEUNI functions under the auspices of the Finnish Ministry of Justice as an independent research and policy-making institute. HEUNI's vision is to identify evidence-based criminal justice and crime prevention practices in Europe, and share these within Europe and beyond, in order to advance more effective, rational and humane criminal justice systems. www.heuni.fi

Learning outcomes: Much of the work of the United Nations takes place in official meetings. Have you ever wondered what happens in these meetings? This course gives you a basic understanding of one of the UN programmes, the UN Crime Programme. The course gives insider tips on how a person attending the UN Crime Programme meetings can make effective use of these meetings. The course focuses on the UN Crime Programme, but is also useful for other UN contexts, as well as a general overview of the skills needed for diplomatic discourse. The course is based on the personal experience of the former Director of HEUNI, Dr Matti Joutsen, who over the past 40 years has played an instrumental role in shaping the UN Crime Programme.

Target audience: The course is intended for anyone interested in the UN Crime Programme or UN organizations in general. It is, in particular, intended to those students specializing in international relations or law, or junior practitioners familiarizing themselves with the negotiation tactics at the UN.

Structure: The course is composed of 8 sessions, each one presenting a topic through texts, videos, graphics, quizzes, links and additional readings. The course will take approx. 17 hours depending on how much time one spends self-studying.

Part 1. Introduction
Session 1: Basic facts about the UN
Session 2: The United Nations Crime Prevention and Criminal Justice Programme (the "UN Crime Programme")
Part 2 Who's Who
Session 3: Crime programme actors
Session 4: From policy to practice
Part 3 Participating in the UN Crime Programme Meetings
Session 6: Focus on the resolutions
Session 7: Adopting the report
Session 8: Sensitive issues in negotiations
Session 9: "Ten rules to follow" is a tongue-in-cheek analysis of different negotiating tactics"
part I. Introduction / session 1
United Nations System
The aim of this session is to remind ourselves of the basic facts about the UN. The United Nations is a complex system comprising of political bodies, executing agencies and funds which deliver e.g. technical assistance to countries.

Within the UN system, the primary responsibility for crime prevention and criminal justice lies with the Economic and Social Council. Within the UN Secretariat, in turn, these issues are dealt with by the UN Office on Drugs and Crime, although related issues are also dealt with by, for example, the Office of the United Nations High Commissioner for Human Rights. The United Nations Office on Drugs and Crime also acts as the Secretariat to the Crime Commission, to which you will be introduced to in Session 2.

This Chart is a reflection of the functional organization of the United Nations System and for informational purposes only. It does not include all offices or entities of the United Nations System. The chart presents the situation as of 21/03/2017, published by the United Nations Department of Public Information.
This primer to the United Nations is designed for all global citizens. It covers the history of the UN, what it does and how it does it.

Read the book for free at the UN iLibrary.


Quiz
The UN basic facts
Test your knowledge and find out how well you know the very basic facts regarding the United Nations system.
Start quiz
  • In which year did the United Nations come into existence?
Wrong.
Totally right!
Alas. That is a wrong answer.
That is a wrong answer.
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Where are the Headquarters of United Nations?
Wrong.
Wrong.
Wrong.
Well done, that is the right answer!
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The United National is divided into how many administrative bodies?
Sorry, that is a wrong answer.
So close! But that is a wrong answer.
Indeed! That is the right answer.
No, this time you are not right.
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Who is the present Secretary General of United Nations?
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the United Nations from January 1997 to December 2006. Annan and the UN were the co-recipients of the 2001 Nobel Peace Prize.
Kurt Waldheim was an Austrian diplomat and politician. Waldheim was the fourth Secretary-General of the United Nations from 1972 to 1981, and the ninth President of Austria from 1986 to 1992.
Ban Ki-moon is a South Korean diplomat who was the eighth Secretary-General of the United Nations from January 2007 to December 2016.
António Guterres is a Portuguese politician and diplomat who is serving as the ninth Secretary-General of the United Nations.
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Where are the headquarters of International Court of Justice?
Sorry, but this is a wrong answer.
That is not right.
Exactly!
London is a great city, but there is no headquarters of International Court of Justice.
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The Security Council of UN consists of how many member states?
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Which organ of the UN is charged with maintaining peace and security among countries?

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How many official languages does UN have?
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Probably, you tried to digest too much information at once.
Please consider re-reading the previous material.
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You are on the right track!
Nobody can know everything, but please consider revising the previous material.
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Great job!
Hope you have enjoyed the very introduction to the course and are eager to continue.
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Part I. Introduction / Session 2
The United Nations Crime Prevention and Criminal Justice Programme
Since crime in general is a major concern for all countries, it should come as no surprise that crime-related issues have found their way onto the UN agenda. Within the UN Secretariat, crime issues are dealt with primarily by the UN Office on Drugs and Crime (UNODC). The Commission on Crime Prevention and Criminal Justice (CCPCJ) functions as a governing body of the UNODC. The CCPCJ coordinates with other United Nations bodies that have specific mandates in the areas of crime prevention and criminal justice, and is also the preparatory body to the United Nations Crime Congress. In other words, the Crime Commission acts as the principal policy-making body of the United Nations in the field of crime prevention and criminal justice.

The following video gives you an opportunity to visit the Headquarters of UNODC in Vienna, where also the sessions of the Crime Commission take place:
UN Decision Wheel Explained
The following materials will give you insights to the UN Crime Congresses and the topics discussed there:
In 2015, at the 13th UN Crime Congress the Doha Declaratio was adopted. Click here to read it.

Earlier in this session, two of the main bodies of the United Nations Crime Programme were presented; the Crime Commission and the Crime Congress. In addition to these, the governing structures of two of the main crime conventions are important in steering the crime related work of the Member States.

• the Conference of the States Parties to the UN Convention against Transnational Organized Crime (UNTOC CoSP)
• the Conference of the States Parties to the UN Convention against Corruption (UNCAC CoSP)

Also five Working Groups have been established under the mandate of the UNTOC CoSP and three Working Groups are organized annually under the mandate of the UNCAC CoSP to discuss particular topics related to the conventions.
The current list of expert groups and working groups
  • Open-ended intergovernmental working group on improving the governance and financial situation of the United Nations Office on Drugs and Crime
  • Open-ended intergovernmental expert group meeting on gender-related killing of women and girls
  • Open-ended intergovernmental expert group meeting to develop a draft set of model strategies and practical measures on the elimination of violence against children in the field of crime prevention and criminal justice
  • Open-ended intergovernmental expert group on protection against trafficking in cultural property
  • Open-ended intergovernmental expert group meeting on civilian private security services: their role, oversight and contribution to crime prevention and community safety
  • Open-ended intergovernmental expert group meeting on strengthening access to legal aid in criminal justice systems
  • Open-ended intergovernmental expert group meeting to develop supplementary rules specific to the treatment of women in detention and in custodial and non-custodial settings
  • Open-ended intergovernmental expert group meeting on cybercrime (after a four-year interval, the third session was held 10-14 April 2017)
The UN Crime Programme calendar below presents an overview of the yearly meeting routine of the UN Crime Programme:
Quiz
Test your knowledge and find out how familiar you are now with the UN mandate and governing bodies. Can you answer these questions?
Start quiz
Within the UN governing bodies crime related issues fall under:
Nope. Security Council is charged with the maintenance of international peace and security
Nope. International Court of Justice settles legal disputes between Member States.
Economic and Social Council is the right answer!
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Which of the following does NOT fall within the mandate of the Crime Commission:
Wrong answer. These issues DO fall under the mandate of the Crime Commission


Wrong answer. These issues DO fall under the mandate of the Crime Commission
Wrong answer. These issues DO fall under the mandate of the Crime Commission
Correct. Peace and security belong to the mandate of the UN Security Council
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The Crime Commission convenes:
Luckily not :)
Yep. Every May
Nope. The Crime Congress convenes every 5 years.

Next
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The work of the Crime Commission also takes place in...
Well, there can be a convened session every once in a while.
Yes. Expert groups prepare important background documents.
not really
nope. You got confused

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Conference of the State Parties refers to...
Correct. Conference of the State Parties govern for example the UNTOC and UNCAC conventions
wrong
Nope
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The First UN Crime Congress adopted standard minimum rules for the...
Yes. This has been since then a crucial document in developing humane prison conditions worldwide
Nope. This issue was discussed later on
These standards are currently being discussed in one of the expert groups of the Crime Commission
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Check
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The 6th Crime Congress in 1990 in Havana, Cuba brought to the table the issue of...
That's an incorrect answer.
This is not the right answer.
You are totally right!
Sorry, this answer is nt the right one.
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Check
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The 14th UN Crime Congress will take place in 2020 in...
Nope. The Doha Congress took place in 2015 and gave the Doha Declaration on INTEGRATING CRIME PREVENTION AND CRIMINAL JUSTICE INTO THE WIDER UNITED NATIONS AGENDA TO ADDRESS SOCIAL AND ECONOMIC CHALLENGES AND TO PROMOTE THE RULE OF LAW AT THE NATIONAL AND INTERNATIONAL LEVELS, AND PUBLIC PARTICIPATION. Yep. That is pretty long.

Yes. And the theme will be: "Advancing crime prevention, criminal justice and the rule of law: towards the achievement of the 2030 Agenda"
Sorry, not this time
Maybe next time...
Next
Check
Show result
Please consider revising the previous material....
Probably it would be of use to go through the previous materials once again to mke sure you've got it right.
Restart
Good job! But some revision would not hurt, would it?
Just skim through the previous materials and have a look at those you did not have enough time to digest
Restart
Wow! You seem to be an expert now!
Feel free to share your knowledge with your peers and friends.
Restart
DIVE INTO HISTORY
"FOUR TRANSITIONS IN THE UNITED NATIONS CRIME PROGRAMME"
ADDITIONAL READING:
"FOUR TRANSITIONS IN THE UNITED NATIONS CRIME PROGRAMME"
by Matti Joutsen

Click here to read the paper (PDF-format)
Over the course of seventy years, the United Nations Crime Prevention and Criminal Justice Programme (the "UN Crime Programme") has undergone three major transitions. The first was a transition from a forum for intellectual debate among primarily Western European and North American criminologists and practitioners, to a truly global programme (1950s – 1960s). The second was a transition from an expert-driven programme to a government-driven programme (the 1990s). The third was a transition from a soft law programme to a programme based also on hard law treaties (the 2000s).
Each of these transitions has, in different ways, changed and strengthened the UN Crime
Programme, but each has entailed its own costs. This paper briefly describes the transi-
tions, as well as their accompanying costs and benefits. It also suggests that a fourth
transition is underway, one that is framed by the 2030 UN Sustainable Development
Agenda.

2
PArt II. Who's Who / SESSION 3
United Nations Crime Programme Actors
Who participates in UN Crime Programme Meetings?
explained by Dr Matti Joutsen
As explained in the previous video, there are different categories of actors who have the right to participate in the UN Crime Programme meetings. As outlined in the Rules of Procedure there are four categories of participants: 1) member states, 2) intergovernmental organizations, 3) UN bodies "and others" and 4) non-governmental organizations. The category of member states is divided into geopolitical regional groups. These regional groups make a big difference in the negotiations as you will learn in the following sessions. Under the category of members states the actual participants - the representatives of the member states - can be either diplomats or experts representing the member state.
Regional Groups
The geopolitical regional groups of member states of the United Nations.

As of May 2014, 192 of the 193 UN member states are divided into five regional groups:

  • the African Group, with 54 member states
  • the Asia-Pacific Group, with 53 member states
  • the Eastern European Group, with 23 member states
  • the Latin American and Caribbean Group (GRULAC), with 33 member states
  • the Western European and Others Group (WEOG), with 28 member states, plus 1 member state (the United States) as an observer state.
See the full list of countries on the UN Website.

Special cases:
Israel
In May 2000 Israel became a WEOG full member, on a temporary basis (subject to renewal), in WEOG's headquarters in the US, thereby enabling it to put forward candidates for election to various UN General Assembly bodies. In 2004 Israel obtained a permanent renewal to its membership.
Kiribati
As of 2010, Kiribati (geographically in Oceania) is not a member of any regional group, despite other Oceania nations belonging to the Asian group. Despite its membership in the United Nations, Kiribati has never delegated a permanent representative to the UN.
Turkey
Turkey, participates fully in both WEOG and Asian Group, but for electoral purposes is considered a member of WEOG only.
United States of America
The United States of America is not a member of any regional group, but attends
meetings of the Western Europe and Other States Group (WEOG) as an observer and is considered to be a member of that group for electoral purposes.
Categories of participants
Grouping participats according to their expertise and field of work.
Diplomats
Given the crowded calendar of the UN Crime Programme, with meetings on the average once a month, the fact that most meetings tend to last only two or three days, and the fact that only representatives of "least developed countries" have their attendance paid to formal UN meetings by the UN Secretariat, fewer and fewer countries are sending substantive experts "from the capitals" to attend the meetings. As a result, much of the work of the UN Crime Programme is conducted by representatives of the permanent missions based in Vienna.

The representatives of the mission tend to stay in Vienna for only for a few years (depending on the country, generally from two to six) before they are rotated to other postings. For this reason, the influence of any one representative will depend on several factors, among the most important of which are his or her personal and negotiating skills; how interested he or she is in the UN Crime Programme; how much he or she has already become familiar with the operation of the United Nations, with international negotiations and with crime prevention and criminal justice issues; and how large the mission in question is. (With small missions, individual representatives need to cover several different issues, and will often not be able to attend other than select meetings on the UN Crime Programme agenda.)


Experts
As has been noted, now that various UN meetings are held on almost a monthly basis, fewer and fewer member states – especially those located long airplane flights away – are prepared to invest in sending "experts from the capitals" to attend two- or three day meetings. (As a result, the burden is shifting to the representatives of the missions, who do have negotiating skills and are familiar with the general UN context, but on substantive issues on crime and criminal justice must often rely on written positions sent from the capitals – written positions which may become outdated as the negotiations in Vienna proceed.)

There appears to have been a recent resurgence in the attendance of "experts from the capitals" at some UN Crime Programme meetings. Among the factors may have been the increased organization of technical meetings, as well as of "side events" sessions at UN Crime Commission. A second factor may have been growing awareness among some states of the need to combine expertise from the capitals with the negotiating skills of the permanent representatives.
Intergovernmental organizations
Among intergovernmental organizations, it is in particular the EU that has been active in Vienna, together with its Fundamental Rights Agency. The Council of Europe does make interventions now and then.
Non-governmental organizations
In respect of bodies under the mandate of the two Conferences of States Parties there has been a long-standing and acrimonious debate over whether or not non-governmental organizations may attend. The present status is that they may not, although the matter is supposed to be kept under review. For UNCAC bodies, a one-day briefing is held for NGOs during the June session of the Implementation Review Group.

For UNTOC bodies, the matter is currently being heavily debated in connection with the discussion on the review of implementation of the convention. Some States Parties support a model similar to that used for the review of the implementation of UNCAC, which would mean that NGOs could only attend a briefing. Others support wider NGO participation, on the grounds that several of the UNTOC protocols make specific reference to NGOs.

Even where NGOs may attend meetings, and may speak if there are no member states wanting to take the floor, there is generally little time left for NGO interventions. This has not stopped many of the NGOs, including through the NGO Alliance, being very much evidence outside the meeting rooms, for example distributing their publications and organizing quite substantive side events (ancillary meetings).

Click here to visit the website of the NGO Alliance.

Extra material:

The UN Crime Programme Network of Institutes (PNI)
The United Nations Crime Prevention and Criminal Justice Programme Network consists of the United Nations Office on Drugs and Crime and a number of interregional and regional institutes around the world, as well as specialized centres. The network has been developed to assist the international community in strengthening co-operation in the crucial area of crime prevention and criminal justice. Its components provide a variety of services, including exchange of information, research, training and public education. The PNI institutes have the right to participate in most of the Crime Programme meetings as observers, under the category "and others". HEUNI, the developer of this course is one of the PNI institutes.

Learn more at the HEUNI website
UN Broshure on PNI
ADDITIONAL READING:
"WHEN EXPERTS AND DIPLOMATS AGREE: NEGOTIATING PEER REVIEW OF THE UN CONVENTION AGAINST CORRUPTION"
by Matti Joutsen and Adam Graycar


Click here to read the paper (PDF-format)

The UN Convention Against Corruption is the only truly global convention in corruption control. Separate and rather difficult negotiations were conducted on a mechanism for the implementation of the treaty. These negotiations broke ground by providing, for the first time, peer review of a United Nations treaty. This article, which is based on the authors' close observations and interviews with key participants, seeks to show how the dynamics between technical experts and diplomats led to a resolution that would not have occurred if either the technical experts or the diplomats had acted alone.
Quiz
Test your knowledge and find out how familiar you are now with who's who and what kind of actors there are in the UN Crime Programme. Can you answer these questions?
Start quiz
Argentina belongs to the regional group of...
Please check up the map again
Not really.
Well done! You know your geography
Next
Check
Show result
The PNIs are...
.Correct. And one of them is situated in Helsinki, Finland.
Wrong answer.
This is not correct. The PNIs do produce relevant background research and conduct e.g. training on crime prevention and criminal justice.
Correct. Peace and security belong to the mandate of the UN Security Council
Next
Check
Show result
The Crime Commission convenes:
Luckily not :)
Yep. Every May
Nope. The Crime Congress convenes every 5 years.

Next
Check
Show result
The work of the Crime Commission also takes place in...
Well, there can be a convened session every once in a while.
Yes. Expert groups prepare important background documents.
not really
nope. You got confused

Next
Check
Show result
Conference of the State Parties refers to...
Correct. Conference of the State Parties govern for example the UNTOC and UNCAC conventions
wrong
Nope
Next
Check
Show result
The First UN Crime Congress adopted standard minimum rules for the...
Yes. This has been since then a crucial document in developing humane prison conditions worldwide
Nope. This issue was discussed later on
These standards are currently being discussed in one of the expert groups of the Crime Commission
Next
Check
Show result
The 6th Crime Congress in 1990 in Havana, Cuba brought to the table the issue of...
That's an incorrect answer.
This is not the right answer.
You are totally right!
Sorry, this answer is nt the right one.
Next
Check
Show result
The 14th UN Crime Congress will take place in 2020 in...
Nope. The Doha Congress took place in 2015 and gave the Doha Declaration on INTEGRATING CRIME PREVENTION AND CRIMINAL JUSTICE INTO THE WIDER UNITED NATIONS AGENDA TO ADDRESS SOCIAL AND ECONOMIC CHALLENGES AND TO PROMOTE THE RULE OF LAW AT THE NATIONAL AND INTERNATIONAL LEVELS, AND PUBLIC PARTICIPATION. Yep. That is pretty long.

Yes. And the theme will be: "Advancing crime prevention, criminal justice and the rule of law: towards the achievement of the 2030 Agenda"
Sorry, not this time
Maybe next time...
Next
Check
Show result
Please consider revising the previous material....
Probably it would be of use to go through the previous materials once again to mke sure you've got it right.
Restart
Good job! But some revision would not hurt, would it?
Just skim through the previous materials and have a look at those you did not have enough time to digest
Restart
Wow! You seem to be an expert now!
Feel free to share your knowledge with your peers and friends.
Restart

PArt II. Who's Who / SESSION 4
From policy to practice
It is important to understand that national legislation does not evolve in a vacuum. International conventions and international discussions, such as those in the UN Crime Programme do have an effect on the national legislation and jurisprudence. The following example on trafficking in human beings illustrates this relationship, and how international ideological and political debates shape national legislation. It also shows how, vice versa, national issues arise to the international discussion whether through case law or trends recognised in criminological research.
Background information
The history of trafficking: "white slave traffic"
The question of trafficking in human beings is not new to international law. Already during the late 1800s, several countries in Europe became concerned with the prostitution, movement and procuring of European women and children abroad. This concern resulted in an international conference in Paris in 1902 on the issue of the white slave traffic. As a result of the conference the "International Agreement for the Suppression of the White Slave Traffic" was agreed upon, focusing on preventing the movement of white women and girls, in particular, for immoral purposes abroad. This was followed by a Convention on the same issue in 1910 ("the International Convention for the Suppression of the White Slave Trade"). Allain (2017, 30) argues that these two treaties and the negotiations that preceded them show at least three things: 1) how European countries at the turn of the century in their diplomatic relations started moving from bilateralism to multilateralism, i.e. a shift from diplomatic liaison and negotiations between two countries to negotiations involving several countries; 2) that the participating countries agreed, perhaps for the first time, that the idea of such negotiations was to produce international law that would not only apply internationally, but would be ratified also nationally, i.e. be incorporated into domestic legislation, and; 3) that although countries came to the negotiations with different aims and ideas concerning the regulation of prostitution and the movement of women, they managed to find common ground, i.e. compromise in the issue of criminalising the exploitation of the prostitution of adult women, and criminalizing all prostitution of minors.

These early treaties also brought the issue of trafficking – then called traffic – to the international agenda as an international concern. It is today evident that these concerns were racist and protectionist (since the focus was largely on European, white women only), but elements of the early definition of "traffic" were to be incorporated into the international negotiations concerning the definition of "trafficking in persons" almost 100 years later.

See Allain (2017) for a thorough discussion on the "white slave traffic" and the relevance of the early international treaties.

See Morcom and Schloenhard (2011) for a detailed outline of the evolution of international law on trafficking:
Morcom and Schloenhard (2011) argue that the current understanding of trafficking in persons has in fact been influenced by five different areas of international law, namely: 1) slavery, 2) prostitution, 3) labour (including issues relating to migrant labour), 4) human rights, and 5) the rights of the child. They also argue that international law has addressed trafficking in persons, largely from a criminal justice (or law and order) perspective, and that the current conceptualisation of trafficking combines very different branches of international law, leading to a definition which is at times difficult to interpret and apply.
Questions to consider
Why, in your opinion, did organized crime become seen as an international concern in the early 1990s?

Why do you think that the crime of trafficking as outlined in the Trafficking protocol, is defined as consisting of three elements?

What is your view on the fact that assistance to victims of trafficking is, in Finnish domestic legislation, tied to the outcome of the criminal process?
ADDITIONAL READING:
"THE COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE:
A SEARCH FOR COMPLIMENTARITY BETWEEN POLITICS AND CRIMINOLOGY"

by Christopher Ram

Click here to read the paper (PDF-format)
Christopher Ram argues that "the task of the criminologists is to tell the diplomats what is necessary, and the task of the diplomats is to tell what is possible".
He also states that "the reality of global crime is that the true agenda is neither set nor controlled by the diplomats or the criminologists: is it set by the criminals?"

Find out more in his paper on the work of the UN Crime Commission.

3
PART III. PARTICIPATING IN THE UN CRIME PROGRAMME MEETINGS / SESSION 5
The focus on resolutions
Meetings within the framework of the UN Crime Programme have the general purpose of promoting the prevention of crime and criminal justice. They are, however, very different from the academic conferences that researchers are used to, where people present and discuss papers. They are also quite different from policy discussions that policy-makers and practitioners are used to, where different options are presented and weighed, one policy is ultimately adopted, and then the work begins on getting it implemented (and, ideally, getting the impact of implementation assessed).

Most formal UN meetings revolve around the presentation, discussion and adoption of draft resolutions, and – perhaps to a surprising degree – the adoption of the report of the meeting.
UN Draft resolutions as explained by Dr. Matti Joutsen
In the United Nations, resolutions are important for several different types of reasons:

  • on the substantive level, resolutions embody the sense of the member states of the United Nations: what are the priority issues in crime prevention and criminal justice, and what should be done by the international community in general;

  • also on a substantive level, resolutions may express the will of member states to call upon member states, or to invite other actors (such as intergovernmental organizations) to take specific action;

  • on a political level, resolutions may be used to promote a certain political agenda: condemning certain developments, action taken or incidents, welcoming other developments, stressing the importance of certain values, and so on;

  • on a practical level, resolutions often request that the Secretariat take specific actions, such as prepare a report, organize a meeting or provide certain assistance to member states on request;

  • on a linguistic level, and as documents reflecting the outcome of UN negotiations, the phrasing and terminology used in resolutions becomes "agreed language", which may well be referred to in future negotiations.

Now that you understand what are the draft resolutions. In the following short video you will be introduced to the process of drafting resolutions.
Influencing the agenda: from an idea to the adoption of a resolution. Follow the process step-by-step:
The work of the UN Crime Commission takes place in formal and informal meetings, find out what they result in:
Informal negotiations
explained by Dr Matti Joutsen
ASSIGNMENT
There is a draft resolution presented at the Crime Commission aiming at assuring a certain number of safe shelter for victims of gender based violence in every Member State. The proposal is based on research findings which point out that safe shelters are crucial for the victims to escape the perpetrator. However 24/7 shelters are also very costly.

Prepare your points for a statement on the resolution depending on your role. Choose a role/tone of voice for your statement. You could be a representative of an NGO, or you could present a low income, low resource country willing to improve the situation but struggling with resources. Or you could choose to be a wealthy industrial country not wanting to make any changes in the national legal system. The statement should be short and clear.

You can refer to the following sources for more background information:
Strengthening Crime Prevention and Criminal Justice Responses to Violence against Women
Report of the Special Rapporteur on violence against women, its causes and consequences
Council of Europe Istanbul Convention on Violence Against Women

PART III. PARTICIPATING IN THE UN CRIME PROGRAMME MEETINGS / SESSION 6
Oral statements
Once the Secretariat representative has introduced an agenda item (or the members of a panel or roundtable have given their statements), the chairperson opens the floor for discussion. As noted, regional groups have the option of speaking first, followed by representatives of member states. If Ministers or other dignitaries are in attendance, they will generally be invited to speak first.

The Secretariat keeps the list of speakers, which the chairperson consults in giving speakers the floor. Persons who wish to speak should contact a conference room officer and ask to be placed on the list of speakers, on the basis of "first come, first served". The speaker can also ask to be allotted a certain time (such as the first to speak after lunch, or the first to speak after another speaker), as long as this does not endanger the "first come, first served" approach, or speakers whose priority would be affected inform the conference room officer that they agree to this.

The conference room officer will generally ask if the statement is in writing, so that this can be distributed to the interpreters. If so, the written statements should preferably be given to the Secretariat at least an hour in advance, so that the Secretariat has time to deliver it to the interpreters' booths, and the interpreters, in turn, have time to note the availability of the text, and use it for the interpretation. (The UN interpreters are very competent, and can adjust if the speaker makes changes to the text during delivery.)

Because of the need for interpretation, oral statements should be given at a relatively leisurely pace: not ponderously slow, but definitely not in a rush. Most interpreters prefer simple, straightforward sentences that follow the normal rhythm of conversation. All too often, written statements can include long and convoluted sentence structures which can be difficult to follow, even if the interpreter has a written text in front of him or her.

The chairperson may limit the length of oral statements. However, even if no limit has been placed, speakers should avoid trying the patience of the audience, who have to sit through six hours of meetings every day, involving a study stream of oral statements. Power point presentations and even videos may help in getting a point across, but if these are given, the speaker should be mindful that the UN works with six official languages, and thus perhaps the majority of the participants will depend on the interpretation.

Under the rules of procedure, the chairperson has the power to call a speaker to order if his or her remarks are not relevant to the subject under discussion. This is extremely rare.

Aarne Kinnunen (Ministry of Justice, Finland) giving an oral statement during the CCPCJ 2018.
PART III. PARTICIPATING IN THE UN CRIME PROGRAMME MEETINGS / SESSION 7
Adoption of the report
The final stage of work at UN meetings involves the adoption of the report. The Secretariat generally assists the rapporteur in this process, and the draft text is usually very carefully constructed to reflect what should be an impartial summary of the discussions.

Drafting UN reports can be called an art in its own right. UN meetings often deal with sensitive points, and the rapporteur (assisted by the Secretariat) seeks to present these in a way that would be acceptable to the different sides of the issues. Generally, speakers are not identified in the report, even by member state. The reference will be simply to "one speaker noted" or "several speakers suggested that …"

Many participants, who may be exhausted by the lengthy negotiations and are looking forward to their return flight (or at least a restful weekend), may assume that the adoption of the report will be a formality. However, on particularly sensitive issues, some representatives may try to expand the presentation of the arguments that their side had made, and diminish the amount of attention given to opposing points of view. One technique used here is for a representative to argue that his/her country's position, as given earlier, was not correctly reflected in the report, and then submit a (lengthy) proposal for amending the report to remedy this. The chairperson usually accepts short amendments along these lines. Given that this may indeed give a one-sided impression of the discussion, representatives from the other side of the issues may wish to make corresponding amendments based on points made in the discussions by other speakers.

ASSIGNMENT


Read the Report of the 27th Crime Commission.

What kind of issues were identified and what measures were proposed by the Commission to tackle human trafficking in the online environment ? Do you think these were relevant issues and relevant countermeasures, or were some topics maybe left out due to political sensitivities? Write down your points.

NOTE: It is important to learn to skim read long texts and documentations (which are produced in multitude in international organizations), and to find the most relevant points quickly.
BONUS ASSIGNMENT


In this part the focus was on draft resolutions. Have a look at the attached draft resolution on restorative justice submitted at the 27th Crime Commission. Then, have a look at the final adopted text of the Report of the Commission. What has changed in the text during the course of the negotiations, and what do you think where the political/criminological reasons behind these changes?

Draft resolution on restorative justice submitted at the 27th Crime Commission.

PART III. PARTICIPATING IN THE UN CRIME PROGRAMME MEETINGS / SESSION 8
Sensitive issues
Different states have different priorities, and there are often disagreements over what should be done. This session identifies some of the sensitive issues within the scope of the United Nations crime programme.
Disagreements, of course, are nothing new in international cooperation. Different countries have different approaches, different priorities and different understandings of the issues at hand. Disagreements generally lead to negotiations, which are designed to overcome these disagreements so that all the stakeholders can work more effectively together in pursuit of common goals.

The role of civil society is perhaps the major disagreement within the UN Crime Programme at present. It arose in connection with the negotiation of the UNCAC implementation review mechanism (2006-2011), and centres on different understandings of the "intergovernmental nature" of the United Nations. Basically, some states are of the view that non-governmental organizations (NGOs) should not have a role in many international discussions on crime prevention and criminal justice within the UN framework, while other states are of the view that non-governmental organizations can strengthen the international response.
READING:
"CIVIL SOCIETY ENGAGEMENT IN THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION"
by Dr Matti Joutsen

Click here to read the paper (PDF-format)
The disagreement over the role of civil society in responding to corruption has become a serious one, which is consuming more and more time at various meetings in Vienna. This conference room paper submitted by Finland in the sixth session of the Conference of the States Parties to the United Nations Convention against Corruption in St. Petersburg gives insights to the development of the debate on NGO's role.
Discussion:
Should NGO's have a role in the UN Crime Programme meetings, and if what kind of role?
Justify your opinion.
ADDITIONAL READING:
"THE UN CRIME PROGRAMME: SENSITIVE ISSUES IN NEGOTIATIONS "
by Dr Matti Joutsen

Click here to read the paper (PDF-format)


What you can and cannot discuss in Vienna? Which issues are dividing the Global South and the Global North? Why is cybercrime such a hot topic? When to use "States shall ..", "States may ..." and "States may consider … "? Find out inside tips from the life-long UN Crime programme negotiations expert.
PART III. PARTICIPATING IN THE UN CRIME PROGRAMME MEETINGS / SESSION 9
"Ten rules to follow"
A tongue-in-cheek analysis of different negotiating tactics
based on Matti Joutsen, Negotiating Conventions in the United Nations: Ten Rules to Follow, in Marc Groenhuijsen, Rianne Letschert and Sylvia Hazenbroek (eds.), KLO Van Dijk. Liber amicorum prof.dr,mr. J.J.M. van Dijk, Wolf Legal Publishers, Nijmegen 2012, pp. 177 – 190.
As with so many negotiations, success at UN Crime Programme meetings depends on preparation of one's own position, anticipation of contrary positions, and an ability to influence the course of the negotiations. Negotiators come in many shapes and sizes, representing member states both large and small, and there are no hard-and-fast rules as to who will "win out" at the end. At times, the outcome may even depend on chance statements, suggestions or events. Nonetheless, in the experience of the author, the more influential and successful negotiators in Vienna tend to fit a distinct (and rather loose) profile. The author suggests, and not merely facetiously, that those interested in negotiating in Vienna might wish to learn the following rules:


    1. Be polite
    Be polite (and never dis the chairman). International diplomacy is based on at least superficial respect for the views of the other players, even if you not only totally disagree with these views but cannot understand how any sensible person could suggest them. One can succeed in negotiations only if one respects, and has the respect of, the other parties. Persons from different cultures have different styles, and the use of blunt language (especially when interpreted into the other five working UN language) may unintentionally be regarded as impolite or offensive, taking attention away from the substance.*

    This politeness can be seen, for example, when participants are referring to the interventions made by earlier speakers. No matter whether one agrees or disagrees with a statement, the rule is to thank the "[distinguished] representative of X" for his or her statement and then go on to say if one supports it or, with great regret, cannot support it.

    It is of particular importance to be polite to the chairperson. One of the key functions of the chairperson is to serve as the neutral arbitrator who seeks to identify the points of conflict, ascertains the views of the participants, and tries to piece together wording that would achieve consensus. If the chairperson's impartiality is questioned, this could endanger the success of the entire negotiations. The politeness is shown in that participants, when they are speaking for the first time at a session, almost invariably express sentiments along the lines of the following: "Thank you Mr/Ms Chairman for giving me the floor. Since this is the first time that my delegation has the opportunity to speak at this meeting, I would like to convey to you, and through you to the other members of the Bureau, our profound respect for the important work which you are doing. We would also like to assure you of our country's commitment to the success of this work…" (and so on).

    * In one very difficult negotiation, where the participants had strong disagreements, one person was heard to whisper to the chairperson "you must feel like you are herding cats". This was unfortunately misheard by one interpreter – and interpreted – as "you must feel like you are hurting cats". A representative from that language group angrily criticized the whisperer for having accused the chairperson of strangling kittens.
    2. Avoid pomposity
    Avoid pomposity. In an article published during the 1980s, Thomas Mathiesen identified what he calls the "importance norm" and the "self-importance norm" at UN Crime Congresses.* Essentially, the first requires that everyone respects the importance of the work beyond done, even if it does seem silly at times. The second is clearly linked with the one-up-manship that is so often evident in any social activity, work or play; if a participant is able to project the aura of importance (or of experience, or of being knowledgeable), perhaps the participants will pay closer attention to his or her views.

    Indeed, some pomposity can at times be detected at UN Crime Programme meetings, and some individual participants do appear to try to bolster their self-importance. At times, this is apparently done for tactical reasons. For example, there are some speakers who never use the first-person singular in referring to themselves, but always speak about "my delegation": "My delegation is of the view that …" Apparently, these speakers believe that an argument would be more persuasive if the audience understood it to reflect the collective view of the Government of a member state, and not just of one person. (At times, however, the tactic can misfire, especially if most listeners in the room are quite aware that the delegation in question consists of only that one person, and the speaker says something like "My delegation is of the view that we would prefer to wait until after lunch to speak on this issue.")

    These examples of importance and self-importance, however, appear to be becoming more infrequent. There is currently less pomposity than what was evident in earlier United Nations Congresses or other UN Crime Programme meetings. This presumably is related to the fact that most of the participants are representatives of the permanent missions based in Vienna, and have generally worked with one another for many years. After such a long time, how often can one repeat the same phrases to the same audience?

    * Thomas Mathiesen, FN-kongress som kulturfenomen (UN Congresses as cultural phenomena), Nordisk Tidsskrift for Krimi­nalvidenskab, Oslo, vol. 73, no. 2 (April 1986), pp. 157 – 160.
    3.Take a crash course in haggling
    The UN Crime Programme deals with a large variety of issues, on many of which there are considerable differences of opinion as to what, exactly, should be done: cybercrime, assisting victims, review of the implementation of the United Nations Convention on Transnational Organized Crime, including references to human rights in resolutions worked out within the framework of the Crime Programme, and so on. Different individuals and different countries have different experiences with crime and criminal justice, and thus they have different priorities. Some countries have a strong practical or political reason to address the issue of trafficking in cultural property; others do not. Some countries want to involve non-governmental organizations more actively in the national and in particular in the international response to crime; others do not.

    The UN Crime Programme follows what is known as the "spirit of Vienna", which calls for consensus on all issues, without the taking of a vote. The chairperson seeks throughout the process to ensure that all the delegations agree on the formulations used in draft resolutions or the report of the meeting. Because of the intense nature of the negotiations, and because a large proportion of the negotiators are career diplomats who do not have personal practical or academic experience in criminal justice or international co-operation, arguments based on criminology or criminal justice have limited value, and more weight is placed on political and national priorities.*

    That is not to say that substantive arguments are not made; indeed, they often are. Especially the larger delegations may have participants with extensive practical or academic experience who can readily explain why certain formulations suggested by others simply would not work in practice, or would have significant drawbacks. Yet other delegations may have participants who can quickly direct a logical mind at even the more obtuse questions and outline the key issues so that these can be better understood.

    However, the stilted nature of the negotiations at times make rational discourse difficult at best. With over 100 member states attending some of the UN Crime Programme meetings, the floor needs to be given in turn to each and all who have requested permission to speak. If the participant from country A happens to disagree with a participant from country B, it can often take many interventions before be or she can get the floor back and reply, by which time the focus of the discussion may already have meandered off on a tangent.

    As a result, the more successful negotiators include those who are good at haggling. The following gives some of the rules that these inveterate wheeler-dealers appear to follow:

    • Find out in advance who your main opponents might be, and find out what their interests are. At times it is necessary to find out why ideas are being opposed, and whether the opponents would be satisfied either by a minor change of wording, or whether (for example), they might have to be brought on your side by promising to support some of their own initiatives.
    • Be careful of "blind-siders". With over 100 delegations in attendance, and with the constant turn-over in the participants, it is not enough to simply assume that certain delegations will be on your aside, or at least would not speak out against your proposal. At times, opposition might pop up from a completely unexpected source. Worse, when one delegation goes on record as being against your proposal, there is a strong likelihood that subsequent speakers (especially if they come from the same regional group) would say that they tend to agree with these nay-sayers.
    • Work the corridors. Now and then, it is important to enlist as many speakers as possible to go on record as being in support of your proposal; this may induce others to jump on the bandwagon of support.
    • Get the support of key delegations. If such key delegations come out in your support, this can help considerably to win the field. Another tactic, especially important in matters with a political dimension, is to get the support of delegations from as many different regions as possible.
    • Set up positions as bargaining chips (even if they may seem rather extreme) and insist on them as long as necessary. This is an unusual tactic, but also it can be seen to be used now and then. By not showing your hand too early, it may be possible to appear to be satisfied with a compromise – and yet this "compromise" may be the position that you had wanted to achieve from the outset. (Without the benefit of ESP, it is difficult to know how often this tactic is used at UN Crime Programme meetings. However, towards the end of some negotiations there tend to be more and more examples of delegations stating that they want an entire paragraph or even section deleted from a draft resolution. Often, this leads to slight amendments of the text of these paragraphs "as a compromise", perhaps along the line that the delegations in question wanted in the first place.)

    *This development can be seen to be related to the strengthening tendency to see crime and criminal justice as national security issues. While it is true that academics and practitioners represent a great variety of approaches, they can be said to have a greater tendency to see crime and criminal justice as social (or economic, or medical) issues.


    4. Be prepared
    Be prepared. The old Boy Scout motto of "Be Prepared" serves many delegations in good stead in negotiations. For example, the drafting of resolutions may require familiarity with past or ongoing work in other parts of the United Nations system, for example in Geneva or New York. The drafting of resolutions may also require familiarity with previous UN Crime Congress declarations, and with key resolutions from earlier sessions of the Crime Commission or of the Conferences of States Parties. When some delegations try to invent new refinements or terminology, or delete tried-but-true mechanisms, others may jump in and point out that the phrasing in question is based on a key text, and ask for justification for making any changes.
    5. Learn English
    Learn English. Since the United Nations has six working languages (Arabic, Chinese, English, French, Russian and Spanish), all official documentation has to be translated into these languages, and the sessions benefit from (as always) excellent simultaneous interpretation. Nonetheless, in practice, English is the dominant language. Most of the participants based in Vienna are able to read English-language proposals, and fluently discuss questions of drafting in English. In addition, and with the exception of the Latin American and Caribbean group, where the dominant language is Spanish, most of the regional groups rely on English as their lingua franca. And when informal negotiations are held or lobbying is carried out across regional divides, this tends to be in English.

    Most importantly, English dominates drafting. Although many representatives can speak in any of the other working languages, the discussion over a turn of the phrase is almost inevitably in English, and the English language text remains the yardstick to be used.
    6. Learn and use certain stock phrases and "agreed language"
    Learn and use certain stock phrases and "agreed language". In accordance with the "consensus norm" identified by Mathiesen, delegations that disagree on certain points tend to be pressured by the chairperson to find language suitable to all. On the other hand, delegations applying the "my-country norm" identified by Mathiesen tend to try to avoid accepting any wording that would force them to change their domestic law or practice or, more importantly, to go against their strong views on how international criminal policy should be conducted. If delegations in the minority fail to block wording with which they disagree, then they can fall back on a set of defensive ploys, all of which involve inserting certain stock phrases that weakened the nature of the obligation, or even emasculate it entirely.

    The first such ploy is to replace the obligatory "states shall …" with the much weaker "states may …" or even "states may consider …". Other formulations along the same line include the exhortatory but non-binding "states are called upon …" and "states are encouraged to …". One more phrase, "states shall consider …" may seem binding at first glance, but ultimately all that it requires is that states consider something. What steps they actually take is left entirely to their discretion.

    The second ploy is to insert a condition: states are required to undertake certain measures, but only for example those that "may be necessary, consistent with its legal principles" or "to the extent appropriate and consistent with its legal system". Even the insertion of the simple phrase "where appropriate" leaves each state with a margin of appreciation in deciding how to implement the resolution in question.

    The third ploy is to subject everything to domestic law. It is, of course, understood that different legal systems require different measures for implementation. For example, in some countries the police carry out measures which, elsewhere, are carried out by investigating magistrates, or the courts. Furthermore, Continental law countries rely primarily on statutory law, while common law countries continue to place considerable weight on court practice. Finally, different legal systems used different concepts. Accordingly, now and then a paragraph may be inserted in a draft resolution obliging states to do something "in conformity with fundamental principles of its domestic law."

    In the drafting of resolutions in Vienna, at times a delegation may seek to insert a somewhat modified version of this phrase, "subject to the fundamental principles of its domestic law". The difference at first seemed innocuous. However, when there is an obligation to do something "in conformity" with domestic law, the obligation to do something remains; domestic law only governs how it is done. But if the obligation is to do something "subject" to domestic law, then, logically, the state is not required to do anything that would go against its domestic law.
    7. Learn the importance of form over substance
    Learn the importance of form over substance. All words are not created equal. In the work of UN Crime Programme bodies, it is possible to identify four categories of words, from the most to the least important: words as such, words in an optional paragraph, words in brackets, and words in a footnote.

    When words are left as such in the text of a draft resolution in informal negotiations, the assumption is that they reflect the general consensus of the participants. They benefit from the rule of inertia: unless someone is later able to persuasively argue why these words should be amended or even deleted, they are allowed to stay in the text, all the way through to final adoption.*

    If a state is not satisfied with a formulation in general, it may suggest a completely different formulation or an entirely new paragraph as an "option". Much of the work in informal negotiations is spent on trying to eliminate the options, so that just one text remains. Thus, options existed on sufferance. It is the survival of the fittest, with the options brandishing pistols at twenty paces.

    When brackets are used, they denote words or entire phrases that had been questioned by one or several delegations. These delegations may disagree with the entire purpose of the words or phrase, or they may simply feel uncomfortable with the wording. Again, considerable time can be spent on debating whether or not the brackets could be "lifted". (This phrase may give rise to considerable confusion. At times, delegations may say that they want the brackets deleted; the chairperson would usually then have to ascertain whether it is only the brackets themselves that are to be deleted – in which case the words would remain in the text - or whether it is the words in the brackets that are to be deleted.)

    Words in a footnote lived an even more tenuous existence (and this category does not appear very often in practice). Every now and then, a country or group of countries may strongly disagree with the view of the majority. For them, it is often important to have their views clearly reflected in the drafting, even in a footnote, so that when the matter comes up again, the reason for their disagreement would be clear, and in the meantime they may have succeeded in getting more allies. However, once words have been demoted to a footnote, it usually proves very difficult to get them back into the text.

    * A further distinction can be made between words in an "operative paragraph" of a draft resolution, and words in a "preambular paragraph". The operative paragraphs are generally regarded as the most important part of a resolution, since they lay out policy or establish mandates. The preambular paragraphs in general give the context of the draft resolution: concern over certain developments (such as the increase in certain forms of crime), pleasure over certain other developments (such as meetings held, or decisions taken), and what key resolutions have previously been adopted on the subject. Now and then, a contentious issue may be shifted, with appropriate rewording, from the draft operative paragraphs into the preamble of the draft resolution, thus in effect giving it less political weight.
    8. Drink lots of melange and forget about your social life
    Drink lots of melange and forget about your social life. Vienna is a city well known for its great variety of excellent coffee. The coffee bars outside the meeting rooms at the Vienna International Centre serve quite a few of these varieties, but it seems to be melange that is the drink of choice for many participants. Filling oneself with caffeine proves to be a good tactic for a variety of reasons. First, it helps to keep the participants awake during the long sessions; at times, listening to delegations raise the same points, over and over again, can become mind-numbing. The participants must, nonetheless, stay on their toes. The chairperson may seek at various stages to push things along by moving on to the next paragraph in the negotiations, and asking if there are any comments. If no participant raises his or her country's nameplate, the paragraph may be gavelled, and the chairperson proceeds to the next point. Anyone who tries to reopen a gavelled paragraph could be subjected to considerable peer pressure.

    But melange also had other functions. Coffee breaks are used for informal consultations and for lobbying. When a particularly difficult point arises, the chairperson might ask the key delegations to step outside and come back with an acceptable formulation. If the issue proves to be very vexatious, the chairperson might even declare a "15-minute coffee break" for the entire informal negotiations, and the time is used – often quite successfully - to lobby for support for whatever proposals are on the floor.

    In general, the pace of the negotiations in Vienna can be deceptively slow. Sessions usually do not begin on time, and fifteen-minute coffee breaks may last half an hour or longer. As the French ambassador warned participants towards the end of one meeting in Vienna, "forget about your social life". Evenings tend to be free for most participants, but especially on the third and fourth day of one-week meetings, some informal discussions continue until late at night.*

    *The Secretariat generally has to work not only the hours during which the participants are meeting formally or informally, but late into the night, checking and rechecking the texts and ensuring translation, editing and dissemination for the next morning.
    9. Either bring colleagues or learn how to be in two places at the same time
    Either bring colleagues or learn how to be in two places at the same time. Although the work at UN Crime Programme meetings formally takes place in one and the same room, delegations with only one participant may soon find themselves in difficulties. In addition to the formal meetings and the informal negotiations (many of which are going on at the same time), many regional groups meet constantly throughout the meetings to review developments, discuss proposals and plan strategy. The two-hour lunch breaks are often filled with drafting meetings or at least informal discussions.

    As a result, key members of delegations (and especially the members of the Bureau, i.e. the chairperson, the vice chairpersons and the rapporteur) may soon find themselves overworked. When dealing with one matter, they may quite often be interrupted by someone tugging on their sleeve, saying that they are supposed to be addressing another topic somewhere else.
    10. Develop a sense of humour
    Develop a sense of humour. The final lesson is an elective one, not a requirement. A sense of humour makes surviving meetings at the UN Crime Programme easier.

    Humour can also be also deliberately at UN Crime Programme meetings.* Humour may come in handy at times to defuse a tense atmosphere. Some of the more successful and respected chairpersons resort to it now and then, at times cajoling participants to agree, good-humouredly dangling the promise of a coffee break before them. One chairperson, when told by a national representative that he seemed to have strong views on a sensitive issue at hand, immediately replied that he may be strong, but has no views; at another tense time, he closed his statement by noting that he was "your obedient servant" – but then added in a stage whisper, "almost".

    *Some participants - although quite rarely – used sarcasm as a tool to get their own point across. However, sarcasm as such was dangerous, since it was in violation of the politeness norm.
    What would be your very own 5 rules on negotiation tactics?
    Create them and post them here or here (in case you are a student at the University of Turku)
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