Trafficking in Illegal Drugs and Persons - Essay Example

?Illegal Trafficking (Drugs and Humans) and Terrorism United s of America political tena to prevent illegal drug and trafficking continues to face internal contradictions between the antidrug and foreign relations. The problem appears to be very contriving in nature in the nations where the production of drugs has become a part of their economy and social policies. Programs constituted by the United States to control the drug supply and trafficking for smoothing the progress of the movement of the goods and services are often hampered by several regulations at the international level. Current law makes it obligatory for the President, with few exceptional situations, to withdraw help or any cooperation with the nations that are not complying with the rules and obligations of the counter narcotics. However, in the foreign policy moves, President offers to frame strategies taking into confidence Canada, Iran and France for implementing his policies to control drug and human trafficking and at the same time expanding his foreign strategies to curtail global terrorism in all its dimensions. However before that as an advisor to the President, I need to identity the ways with which Canada, Iran and France frame laws to identify, adjudicate and sentence these international criminals and put the same into practice. According to the law in Canada, drug trafficking is a very serious offense subjecting the criminals into prison. However at the same time length of the prison also depends upon the intensity of the crime and kind and quantity of substance found in the possession of the offenders. According to the Criminal Code of Canada, criminals get lighter punishment for those who have been found in the possession of the marijuana, amphetamines, hashish, and LSD. Punishment and the imposition of the fines depend upon the quantum and nature of drug caught by the offender which can go from six months to five years and even life imprisonment and fine from $1000 to $5000 (Jourard, n.d.). Canada has defined specific laws pertaining to the human trafficking involving extortion, kidnapping, conspiracy, prostitution, forced confinement, or other organized criminal acts that involve moving of one person or groups illegally on the Canadian land for criminal acts. Besides, Parliament also formulated the Immigration and Refugee Protection Act (IRPA) and Section 118 of this law was initiated on 28the June 2002 which states that no person or persons are allowed to enter into Canada through illegal means like commitment of forgery, deceiving someone, kidnapping, or forceful pressurizing. It also includes persons who help these criminals by providing transportation, or by recruiting or sheltering them. These people if caught are liable to be punished for life imprisonment or fine to the amount of $1,000,000, or both. On 25th November 2005, these measures were made more stringent through passing of the Criminal Code curtailing trafficking and also preventing the people who are involved in the obliteration or destruction of the identity, forging travel documents to help trafficking and abetting criminals to accomplish their nefarious designs. Even the federal Interdepartmental Working Group on Trafficking in Persons (IWGTIP), under the co-chairmanship of Justice and Foreign Affairs, also assists in the activities to solve the trafficking problems (Raaflaub, 2006). The graver of these two is the terrorism problem for which soon after the terrorists attack on the World Trade Center, Canadian government initiated plans to control any kind of terrorist activities. $280 million had been spent by the Canadian government in its immediate initiatives to strengthen law enforcement agencies with the main emphasis on quick tracing of fraud-resistant Permanent Resident Card for new immigrants, provision of security for the refugees, quick detention process and deportation, recruiting of highly skilled and trained staff to increase the power of security at the ports, up gradation of the technology, equipments and making all the provision for prevention, and detection and quickly responding to any threat that may befall on the security. The Anti Terrorism Act introduced on October 15 incorporates several policies to detect and ascertain terrorists and convict them under the Canadian law and provide innovative tools to strengthen law enforcement bodies and increase security. Along with that government ensures terrorists are getting strict sentences for not just performing terrorist acts but instigating, abetting and collecting funds for any terrorist activity. Government has also made electronic surveillance system stronger to identify terrorists (Foreign Affairs and International Trade Canada, 2007). Policies for controlling of the drug and human trafficking and terrorists activities are also undertaken in France according to their laws and social situation. The law in France prevents illegal trafficking of people particularly women and children as they are forcibly sold for domestic slavery, theft and prostitution. According to the penal code, a person guilty if caught is liable to be punished for seven years in prison and fine of $187,500 will be levied. The law also has special provision to prevent begging but refrain from targeting child beggars. Persons if caught abetting child beggary and exhorting them into beggary shall have to be faced imprisonment of three to ten years and a fine of $56,250 to $5.6 million (Netcent Comunications, 2010). The Office Central pour la Repression de la Traite des Etres Humains (OCRTEH) identifies and investigates cases of trafficking involving sexual exploitation, and prostitution whereas the Office Central de Lutte Contre le Travail Illegal (OCLTI) handles cases of forced labor trafficking. In 2007, OCRTEH had opened 32 officers to take up the cases of trafficking (European Commission, 2010). French law pertaining to the illicit drugs is based on the Code of Public Health, the Code of Penal Procedure, the Penal Code, and the Customs Code according to the law of 1970. The law pertains to the suppression of the trafficking and prevention of the narcotics and its free use. However under the directions of the minister, new law was enacted in 1994 to impose severe punishments and penalties for drug trafficking. French law is also administered by international law since France endorsed UN conventions on drugs- “Single Convention on Narcotics (1961), Convention on Psychotropics (1971) and Convention against Illicit Trafficking of Narcotics and of Psychotropics (1988)” (Chantal Collin, 2001, Legislative Framework). Person caught with the illicit drug is liable to one year imprisonment or a fine of 25,000 French Francs or can be placed under the French government treatment initiative. This punishment is valid for all kind of offenders who are connected with the illegal drug affairs. The Code of Public Health also involves the health authorities in the monitoring of the drug users. Prosecutors may not pursue any legal action against any offender if that person could produce his medical certificate indicating that he is undergoing treatment or has taken any medicine. In June 1999, Ministry of Justice indicated direction to give priority to treatment instead of incarceration (Chantal Collin, 2001). France has particularly formulated anti terrorist law with the main priority to the Act of 1986. These laws are not in general sense considered as the emergency laws but mere laws pertaining to the internal crimes of which the antiterrorist law is also a part. As per the proceedings, any terrorist caught may have to remain in police custody upto 96 hours and this gets applied even to minors who are above 16 years. In case of much serious offence, police custody can increase to even six days when there is a serious danger of terrorist activities or need for international intervention. There will be judicial intervention only in the situation when the suspect has remained in the police custody for 72 hours (Council of Europe, 2006). Iran is very popular for the highest rates of executions pertaining to the homosexual, adultery and sex related offences and more severe are the offences of drug use and trafficking. Any body found guilty of possessing illegal drugs and trafficking, the same can be confined to imprisonment for longer period, can face heaviest fines and in the severe cases even death sentence. As per United States investigations, there are no standards for the curbing of the human trafficking and is not making any concrete efforts also to do so. However Iran, according to its 2004 law, does inflict punishment on the law breakers by imposing heavy penalties including stoning, thrashing and even death sentence. Reports cited border officials too responsible for the illegal human trafficking but no severe action has been taken so far (Human Rights Activists News Agency, 2010). Though Iran does not have any particular laws against terrorism yet there are many other laws and regulations with provisions of strategies government of Iran can adapt to curtail terrorism. We can mention to the Law for Punishment of Misdemeanors and Crimes against Foreign Countries (1971), Law on Extradition of Criminals (1960), many articles pertaining to the Islamic Penal Code, and regulations which are related to the Prevention of Money Laundering through Financial Institutions (2002). Hereby mention should also be made of a draft of Anti-terrorism Law which was presented to the Parliament for its approval (“Terrorism: National terrorism prevention framework,” n.d.). In the form of punishments, Iran levies death sentence or long term imprisonment if terrorist activities are of severe or grave in nature. Foreign policies by the American Government to combat terrorist activities, drug and trafficking menace have to be formulated taking into consideration national laws, social and economic conditions pertaining to Canada, France and Iran. As Canada has several laws to control drug, terrorism and human trafficking, their cooperation will be very beneficial for both the nations; geographically Canada borders America and any illegal or nefarious activity is bound to have an impact on America too. As far as France is concerned government data shows large level of human trafficking and drug menace is already undergoing in this nation and without America’s intervention, France’s legal policies will not create great impact and this America very well understands. Thirdly, strategically Iran is the most important place, as it is neighboring Afghanistan and Pakistan and other Arab nations which are abetting terrorism, drug as well as human trafficking. Taking Iran into confidence and formulating stringent policies can hamper their movement to a greater extent. Politically too America will stand beneficial to control these illegal activities by collaborating with Canada, Iran and France as relationships with these nations will improve. Reference List Collin, C. (2001). National drug policy: FRANCE. Library of Parliament. Retrieved from http://www.parl.gc.ca/37/1/parlbus/commbus/senate/com-e/ille-e/library-e/france-e.htm#B.%20Legislative%20Framework Council of Europe. (2006). France. Retrieved from http://www.coe.int/t/dlapil/codexter/4_Theme_Files/Country_Profiles/CODEXTER%20Profiles%20%282006%29%20France%20E.pdf European Commission. (2010). France. Retrieved from http://ec.europa.eu/anti-trafficking/showNIPsection.action;jsessionid=1vZSNVgZhpjM2vxz8PQ1n3XcFN2h1WTjpPnhShlBJ0sWvl3HhJKk!1145937442?sectionId=a943bac4-ec15-4b05-b88b-4bc6ed5cebcc Foreign Affairs and International Trade Canada. (2007). Canada's actions against terrorism since September 11. Retrieved from http://www.international.gc.ca/anti-terrorism/canadaactions-en.asp Human Rights Activists News Agency. (2010) Iranian Government Inaction over Human Trafficking Criticized. Retrieved from http://www.en-hrana.org/index.php?Itemid=15&catid=9:women&id=137:iranian-government-inaction-over-human-trafficking-criticized&option=com_content&view=article Jourard, R. (n.d.) Criminal offence penalty charts: Drug offences. Retrieved from http://www.defencelaw.com/printversion-chart-contents.html Netcent Comunications. (2010). France Human Rights Report. Retrieved from http://www.ncbuy.com/reference/country/humanrights.html?code=fr&sec=6f Raaflaub, T. R. (2006). Human trafficking. Library of Parliament, Parliamentary Information and Research Information. Retrieved from http://www2.parl.gc.ca/content/LOP/ResearchPublications/prb0425-e.htm#cdnlaw Terrorism: National terrorism prevention framework. (n.d.) Retrieved from http://www.unodc.org/pdf/iran/drug_crime_situation/rule_of_law/crime_prevention/Terrorism.pdf Read More