The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances - Research Paper Example

International Customs Law United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. Introduction The world has for long been a victim of illegal trade on illicit drugs and psychotropic substances. Many parts of the globe have been reported to cultivate, manufacture, distribute and sell substances which have been lawfully prohibited. There has been placement of laws by many federal governments against trade of certain types of drugs except under license. The UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic substances represents the escalating wars on drugs. The Convention has realized reputable achievements in fighting against illicit drug trafficking but it is also important to point out that there is still a challenge for the international community to strengthen their fight against international drug trafficking (Shaw, 2003). In many parts of the world, illicit drugs remains a target to the youth. The economic defects that such trade in illicit drugs and psychotropic substances has on the global economy are far much reaching (Bewley et al., 2003). The youth being the most productive proportion in many communities are negatively impacted and this has been a major blow to most of the global communities. Such trades also deny the government much revenue that ought to be paid by any persons exporting or importing goods and services into or out of the county. This has also caused significant blow to the economies of such vulnerable governments (UN, 1990) Adoption of a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances In 14th December, 1984 through its resolution 39/141, the United Nations General Assembly called for the Economic and Social Council as described under Articles 62 (3) and 66 (1) of the United Nations and Council Charter resolution 9 (1) of 16th February 1946, to ask the Commission of Narcotics Drugs to draft a general Convention that would oversee illicit drug traffic. Such a Convention was to offer a comprehensive solution to the problems in all aspects as relates to the illicit drug and psychotropic substance trade and particularly those that by then were not included in the already international bodies that had been put up to fight illicit drug and psychotropic substance trade (Shaw, 2003) In April 1987, the secretary-general prepared a draft Convention to the Commission of Narcotic Drugs and the document was circulated to all the concerned Governments. The General Assembly’s resolution 42/111 which was realized on 7 December 1987 gave further instructions on the development of the Convention on illicit drugs and substances. Several developments were made in several sessions that ere held by the Economic and Social Council and the review commission which was proposed by the secretary general to the united Nations to oversee and make any necessary adjustments of the draft Convention. A United Nations Conference was set at the Neue Hofburg at Vienna from 25 November to 20 December 1988 which was aimed at adopting the reviewed Convention against Illicit Traffic in Narcotic Drugs and Psychotropic substances (Malcolm, 2006). On December 19, the Convention was adopted by the 106 Nations and other nation representatives that participated in the Convention (UN, 1990) Resolutions Adopted By the United Nations Conference for the Adoption of a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Resolution 1 The Convention call among States to share information regarding any deals which intervenes the agreement of the Convention. States should share information regarding international drug traffickers to the international Criminal Police Organization to enforce their duties in fighting against illicit traffic of narcotic drugs and psychotropic substances. Nations should also consider the responsibility of the mechanisms that the International Criminal Police Organization has put in place for efficient transfer of investigative information between different police authorities across type globe. (Roman et al., 2005) Resolution 2 The Convention urges nations to sign up for its enactment of the so as to enforce the fight against narcotic drug and psychotropic substances in earliest time possible. It also encourages States to apply the provisional measures that the Convention recommends so as to enforce their fight against narcotic drugs and psychotropic substances trade in within the States territory and outside its boundaries. The Convention also under this resolution urges the United Nations secretary-general to enact the present resolution to the Economic and Social Council. (UN, 1990) Resolution 3 Under this resolution the Convention urges the international community to provide necessary resources to the Division of Narcotic Drugs and the Secretariat of the International Narcotics Control Board to render their capability of enforcing the tasks as entrusted to them by the International Drug Control Treaties. Under this resolution, it remains the responsibility of the international community to put together their efforts so as to achieve the main objective of controlling trafficking of narcotic drugs and psychotropic substances. The Convention therefore puts a financial obligation to the governments of the member States as it will be necessary to help the responsible international of local authorities achieve their goals. (UN, 1990) Contents of the Convention. It became the concern of the United Nations that the trend in illicit production, manufacture, distribution and sale of narcotic drugs and psychotropic substances posed a serious threat to the health of human beings. The economic, political and social foundations were adversely affected by the rising trend of narcotics trade (Malcolm, 2006). They become concerned by the fact that many of drug criminals involved children in trafficking or transportation of these narcotics and therefore putting the lives of these children at risk let alone the risk of these children using these narcotics and psychotropic substances. There was evident that illicit traffic was linked to other organized criminal activities a thing which out rightly threatens a nation’s security and sovereignty and puts legitimate economies on the edge (UN, 1990) The rising trend of illicit traffic to international levels called for the international community to put together their efforts to maximize their force in fighting this vice. Considering that illicit trafficking generated enormous income which would be used to fund organized crime threatened the international community and therefore there was an urgent need to counteract the trend of illicit traffic before it become too late. This enormous income would also allow criminals to penetrate government systems and corrupt political structures including legitimate trade and societal settings. These among other reasons necessitated the enhancement of legal means for international co-operation to conquer international crime on illicit traffic (UN, 1990) Article 1 Article gives all relevant definitions in as far as the responsibilities and contents of the Convention are concerned. Under this Article the International Narcotics Board defines all the substances that are considered as narcotic or psychotropic substance. These substances include cannabis, cocaine, morphine, hydrocodone, fentanyl, meperidine and many others. According to this Article, narcotic drug is any substance, natural or synthetic in Schedules I and II of the Single Convention on Narcotic Drugs, 1961, and that Convention as amended by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961. The Article also defines a psychotropic substance as any substance, natural or synthetic, or any natural material in Schedules I, II, III and IV of the Convention on Psychotropic Substances, 1971. (Roman et al, 2005) The scope of the Convention is provided under Article 2. The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances aims to create international co-operation among the member States to enhance a more comprehensive and effective approach to the problem of illicit traffic of narcotic drugs and psychotropic substances. Parties therefore are eligible to carrying out obligations in matters regarding legislation, administration and shall also offer necessary financial provisions in conformity to the general provisions of the Convention. (Malcolm, 2006). Article 3 explains the offences and sanctions. Under this Article, it is provided that each party should take necessary measures to establish domestic laws that rules over criminal offences when committed internationally. Such offences include production, manufacture, distribution or sale of any kind of any narcotic drug or psychotropic substances. It continues to point out that, each party will enforce sanctions which will take into consideration the nature of the offence and that these sanctions will take the forms of pecuniary sanctions and confiscation, deprivation of liberty or imprisonment. Paragraph 4 (b) explains that in addition to conviction or sanction enforcement, the Parties may provide to the victims treatment, aftercare, education, rehabilitation and social reintegration. (Roman et al, 2005) Description of how the legal systems of the Parties shall handle jurisdiction of those convicted of having offended the general provisions of the Convention is contained in Article 4 of this Convention. Paragraph 1 (a) of this Article provides that each party will be fully responsible to try offenders when the offence is committed within their territory, on board a vessel flying their flag or an aircraft registered under their laws at the time the offence is committed. Paragraph 1 (b) further explains the responsibility regarding the party’s jurisdiction upon the offenders. Under paragraph 3 of this Article, the Convention does not exclude the exercise of any criminal jurisdiction established and implemented by a party in accordance with the domestic law (Aust, 2005) The Convention also gives a detailed process on how the involved Parties will handle confiscation. This information is provided under Article 5. Each party is mandated by this Article (1 (a) and (b) to confiscate all the proceedings that are as a result of offences relating to illicit trafficking of narcotic drugs and/ or psychotropic substances. The Parties are also mandated to confiscate as well the equipments, narcotic drugs and psychotropic substances used or intended for use in offence established under Article 3 of the Convention. Paragraph 2 of this Article explains further that each party shall put in place systems to help them identify, trace and freeze or seize proceeds, instrumentalities, property or such like things for the purposes of intended final confiscation (UN, 1990) Article 6 (1) explains that the process of extradition shall apply to all the offences as established by the parties in line with the provisions of Article 3 (1). Detailed explanations on how each party shall conduct extradition process have been given priority in this Article. Article 7 provides the basis at which legal assistance will be conducted in matters relating to investigations, prosecutions and in judicial proceedings in relation to criminal offences as outlined under Article 3 (1). Involved parties are required to offer any forms of assistance with one another when such assistance is important in rendering jurisdiction of offences carried out within their territory or as it is provided under Article 4 of the Convention. However, the Article also provides grounds under which such legal assistance may be refused or declined. For instance, as provided in paragraph 15 (a), if such request for legal assistance is not made in conformity with the provisions of this Article, they a state can consider declining the request. Paragraph 16 however requires a state to state the reasons why a decline is made regarding mutual assistance (Roman et al, 2005) Transfer of judicial proceedings is allowed under Article 8 when they are considered to allow for more efficient jurisdiction of offences made under Article 3 (1). Article 9 explains other forms of co-operation and training among States in matter regarding the provisions of the Convention. Such co-operation is regarded as reputable in enhancing the effectiveness of law enforcement to suppress the commission of offences established under Article 3 (1). Paragraph 1 (a) of this Article requires that States shall maintain communication channels as per their agencies in matters regarding offences explained in Article 3 (1). International co-operation and assistance for transit States is provided under Article 10. Article 11 provides the process and conditions that shall be undertaken in matters regarding controlled delivery as per offences made by persons as provided under Article 3 paragraph 1 of the Convention (Aust, 2005) Article 12 oversees the use of substances in illicit manufacture of narcotic drugs or psychotropic substances. Paragraph 1 of this Article provides that States shall co-operate in taking necessary measures to preclude diversion of substances listed in table 1 and 2 to be used in illicit manufacture of narcotic drugs or psychotropic substances. Paragraph 9 provides the basis of trade in these substances listed in table 1 and 2. In this regard the Convention requires States to establish and maintain systems to monitor international trade of such substances in order prevent illicit trafficking of these substances. Article 13 requires States to take necessary measures to prevent trade in and diversion of materials and equipment for illicit production or manufacture of narcotic drugs and psychotropic substances (UN, 1990) The fear of rising trend in illegal cultivation of plants used in the manufacture of narcotic drugs and psychotropic substances led to the formulation of provisions explained under Article 14 of the Convention (Bewley et al., 2003). The aim of these provisions was to eradicate or mitigate illicit cultivation of narcotic plants. Paragraph 2 of this Article requires States to participate in formulation of measures to prevent illicit cultivation and to eradicate demands of such plants containing narcotic or psychotropic substances. Transport of such substances included in table 1 and 2 within a state or between States shall be controlled by the state to ensure that such mean are not used in commission of offences as established in Article 3 (1). To differentiate between lawful transported substances and illegal transits, Article 16 requires that States should properly document legally transported substances. Illicit traffic of narcotic drugs and psychotropic substances by sea is provided under Article 17 which requires that States should co-operate to suppress such processes (Roman et al, 2005) Illicit trade in narcotic drugs and psychotropic substances at free trade zones and free ports is further provided for under Article 18 whereby States are requires to suppress such trafficking through close monitoring of movement of goods and persons in these free trade zones and ports. Evidence that there was escalating use of mails to traffic narcotic substances and psychotropic substances, necessitated the ruling by the Convention so as to mitigate such activities. Article 19 (1) allows States to adopt measures that shall suppress the use of mails for illicit traffic of narcotic drugs and psychotropic substances (UN, 1990) Each state should consider rendering information regarding matter of jurisdiction passes and laws and regulation passed by the local legal system in accordance to the provisions of the Convention, to the Secretary-General as stated under Article 20 (1). Article 21 explains the comprehensive functions of the Commission including all the authorizations that the commission is empower to by this Convention. The functions of the Board are explained under Article 22 regarding its definition in Article 1(a). Article 23 requires the board to make annual report regarding its work and an analysis of the information at its disposal. Paragraph 2 of this Article suggests that the board shall make its report communicate to the parties and they should as well be published by the Secretary –General (Bewley et al., 2003) A state may apply more strict measures to offenders of the provisions as stated in Article 3 (1) if it has enough reason to believe that such measures will prevent or suppress illicit traffic as explained under Article 24. Disputes arising among States regarding the interpretation applications of the Convention are decided in accordance to the provisions of Article 32. (Aust, 2005) Conclusion The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances has made impeccable contribution to the fight against illicit traffic of narcotic drugs and psychotropic substances. Nations have realized these reputable achievements and have continually joined hands with the provisions of this Convention in trying to mitigate illicit traffic within their territories. (Bewley et al., 2003). A national dimension in addressing illicit traffic of narcotic drugs and psychotropic substances has been created and consequently the co-operating among States has proved the relevancy of the Convention. It is therefore inevitable for countries who are non- members of this Convention to join hands with member States in order to annihilate the vice (UN, 1990) References Aust, A. (2005). Handbook of International Law. Cambridge. Cambridge University Press. Bewley,T, David, R. , Fazey, Cindy S. J. (2003) The Mechanics and Dynamics of the UN. Retrieved from http://wn.com/United_Nations_Convention_Against_Illicit_Traffic_in_Narcotic_Drugs_and_Psychotropic_Substances_1988 Malcolm, D. E. (2006). International Law. Oxford. Oxford University Press Roman, G.C., Ahn-Redding, H., Simon, J.R. (2005).Illicit drug policies, trafficking, and use the World over. Michigan: Lexington Books Ltd. Shaw, M. N. (2003). International Law. Cambridge. Cambridge University Press. United Nations. (1990). United Nations Conference for the Adoption of a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Retrieved from http://www. Unodc.org/pdf/convention_1988_en Read More