Belt and Road mustn't pave way for crime

Belt and Road mustn't pave way for crime

Prof Kittipong Kittayarak, PhD, is executive director of the Thailand Institute of Justice (TIJ) and formerly permanent secretary of the Ministry of Justice. The article is an adaptation of his recent speech at
Prof Kittipong Kittayarak, PhD, is executive director of the Thailand Institute of Justice (TIJ) and formerly permanent secretary of the Ministry of Justice. The article is an adaptation of his recent speech at "The International Symposium on Fighting against Transnational Organised Crime and Legal Safeguards for the Belt and Road Initiative" at the Taikang Business Academy, Beijing. (Photo TIJThailand.org)

The Belt and Road Initiative is designed to promote economic integration across an enormous area, from the Pacific to Europe, from Asia through the Middle East to Africa.

This vast region contains a number of countries at different stages of development. Many of them stand to benefit from China's experiences in, for example, poverty alleviation, decentralisation, the economic development of remote regions, and the overcoming of seemingly unsurmountable obstacles in the construction of roads and railways.

We have learned from history that economic development and regional integration, although highly desirable, can come at a price.

The process needs to be carefully planned and implemented in order to ensure that the benefits are shared equally and fairly, and to ensure also that it does not lead to the marginalisation of some communities and vulnerable groups, which is widely regarded as a root cause of crime.

I would like to address this challenge by referring to the experience in Southeast Asia, within the framework of Asean, based on two recent research studies by the Thailand Institute of Justice (TIJ).

The first was conducted with the United Nations Interregional Crime and Justice Research Institute (UNICRI), which examines emerging threats and challenges posed by transnational organised crime in the context of the Asean community, using Thailand as the focus. The second was conducted with the United Nations Office on Drugs and Crime (UNODC) on the trafficking of persons in the region, again using Thailand as the focus.

Both add to our understanding of how changes in economic development and economic integration inadvertently may contribute to the spread of crime, and of organised crime in particular.

Southeast Asian countries can boast of some of the fastest-growing economies in the world, and the standard of living has improved. Poverty and unemployment have decreased. However, economic growth has created new opportunities for crime. It has also provided many people with significantly more disposable income, which increases demand not only for legal products, but also for illegal products. I would like to mention some of the types of crimes which are of particular concern in the Asean region.

One such illegal product, of course, is illegal drugs. These include the traditional drugs, opiates, cannabis and cocaine, but also synthetic recreational drugs such as methamphetamines (known as ice), other amphetamine-like stimulants (such as ecstasy) and new psychoactive substances. Of these, cocaine and ice are largely brought in from Western Africa and the Middle East, showing the growing role of new routes.

Alongside drug trafficking, trafficking in persons is one of the major forms of crime in Southeast Asia. As can be seen from the most recent Global Report on Trafficking in Persons produced by the UNODC, trafficking in persons for both labour exploitation and sexual exploitation is widespread in our region. Labour displacement in some member states can lead to a high rate of exploitation, as displaced workers search for employment in sectors that are not strictly controlled by the government. Many such workers are smuggled into Asean countries, and many fall victim to human trafficking.

Other types of crimes such as trafficking in endangered species, counterfeiting or intellectual property theft show that an illegal market exists for these products.

One of the common feathers underlying these threats that I would like to highlight is the fact that, with respect to these crimes, we often find the organised criminal groups are diversifying their operating base, seeking to operate in countries where the regulatory regime is more lax, and law enforcement less efficient.

This was only a brief review of some of the areas of concern, where the growth of the economies of Southeast Asian countries and the growing economic integration has attracted organised crime. It was found that not only is there the risk that organised crime will expand, but also that the profile and base of operations of organised criminal groups will change and be increasingly mobile, making them more difficult to detect, interdict and bring to justice.

How should we prepare to respond to this expansion and change in the profile of organised criminal groups? The answer, of course, lies largely in improving our domestic law enforcement and criminal justice system, and in improving our ability to engage in international police and judicial cooperation. However, it is imperative that we should also be mindful of the need to make sure that megaprojects for economic integration and connectivity such as the Belt and Road Initiative seek to spread the benefits of development fairly and equally, leaving no one behind.

I say this because I believe that social inequality, poverty and lack of access to education and limited legitimate economic opportunities remain the driving forces which push individuals to break the law and, at the same time, make them more vulnerable to victimisation. When individuals are without employment, and the jobs that are available to them do not offer an escape from poverty, offers to travel abroad in the hopes of a better life become more tempting for many individuals who have limited choices. The lack of access to basic education and social services is also a crucial factor leading to vulnerability and the risk of being a victim of trafficking.

In order to tackle the root causes of organised crime, we should focus on a development-led approach by addressing the vulnerabilities and disadvantages of those who become enmeshed in such crime. This involves improving school attendance, ensuring that both boys and girls are given fair, equal and free access to education. Such measures need to be complemented by other initiatives in order to foster skills training and improve equal employment opportunities for men and women so that they have access to decent work and the pursuit of a legitimate career.

The Belt and Road Initiative should provide a mammoth injection of development to over 60 countries in Asia, the Middle East and Africa. We should encourage the governments involved to share the benefits by investing in their people.

In conclusion, I believe that in this light, the Sustainable Development Goals (SDGs) provide a relevant framework to help us understand and curb organised crime in the context of the Belt and Road Initiative. Based on the 17 SDG goals and the 169 targets, the SDGs draw together the strands of peace, the rule of law, human rights, development and equality into a comprehensive and forward-looking framework.

With such a framework, we can strive towards a more balanced approach, taking into account the three dimensions of sustainable development, namely the economic, the social and the environmental dimensions. Using this as a set of guiding principles as well as practical tools, I believe we can work together to reduce crime and discrimination in order to ensure a just and inclusive society.

Kittipong Kittayarak

TIJ Executive Director

Kittipong Kittayarak, PhD, is the Executive Director of the Thailand Institute of Justice (TIJ). He was formerly the Permanent Secretary of the Ministry of Justice of Thailand. This article is an adaptation of his address at the Regional Conference on Enhancing Cooperation on Border Management in Asean, organised by the United Nations Office on Drug and Crime (UNODC) and the Department of Asean Affairs, the Ministry of Foreign Affairs, in Bangkok during 25-26 April 2016.

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