United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
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The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961
Single Convention on Narcotic Drugs The Single Convention on Narcotic Drugs, 1961 (Single Convention, 1961 Convention, or C61) is an international treaty that controls activities (cultivation, production, supply, trade, transport) of specific narcotic drugs and lays down a syste ...
and the 1971 Convention on Psychotropic Substances. The Convention entered into force on November 11, 1990. As of June 2020, there are 191 Parties to the Convention. These include 186 out of 193
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member states (not Equatorial Guinea,
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, and the State of Palestine.


Background

The 1988 Convention was introduced following the political and sociological developments in the 1970s and 1980s. The growing demand for cannabis, cocaine, and heroin for recreational purposes, mostly in the developed world, triggered an increase of illicit production in geographical areas where cannabis, coca, and opium had been traditionally cultivated. With the rising size of the illicit drug trade, international drug trafficking became a multibillion-dollar business dominated by criminal groups, providing grounds for the creation of the 1988 Convention and the consequential escalation of the
war on drugs The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...
. The Preamble notes that previous enforcement efforts have not stopped drug use, warning of "steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances." It cautions that the drug trade and related activities "undermine the legitimate economies and threaten the stability, security and sovereignty of States." The sense of urgency is underscored by the image of innocent boys and girls being exploited: :'' ildren are used in many parts of the world as an illicit drug consumers market and for purposes of illicit production, distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity.''


Drug manufacture and distribution

Much of the treaty is devoted to fighting
organized crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
by mandating cooperation in tracing and seizing drug-related assets. Article 5 of the Convention requires its parties to confiscate proceeds from drug offenses. It also requires parties to empower its courts or other competent authorities to order that bank, financial, or commercial records be made available or seized. The Convention further states that a party may not decline to act on this provision on the ground of
bank secrecy Banking secrecy, alternately known as financial privacy, banking discretion, or bank safety,Guex (2000), p. 240 is a conditional agreement between a bank and its clients that all foregoing activities remain secure, confidential, and private. Mo ...
. Article 6 of the Convention provides a legal basis for
extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
in drug-related cases among countries having no other extradition treaties. In addition, the Convention requires the parties to provide mutual legal assistance to one another upon request, for purposes of searches, seizures, service of judicial documents, and so on. In addition, Article 12 of the Convention establishes two categories of controlled illicit drug precursor substances, Table I and Table II. The
Commission on Narcotic Drugs The Commission on Narcotic Drugs (CND) is one of the functional commissions of the United Nations' Economic and Social Council (ECOSOC), and is the central drug policy-making body within the United Nations System. The CND also has important man ...
has power to decide whether to control a precursor substance, and which Table to place it in. The assessment of the International Narcotics Control Board is binding on the Commission, however, as to scientific matters. A two-thirds vote is required to add a substance to a Table. Article 12 protects the interests of pharmaceutical and chemical companies by requiring the Board to take into account the "extent, importance and diversity of the licit use of the substance, and the possibility and ease of using alternate substances both for licit purposes and for the illicit manufacture of narcotic drugs or psychotropic substances." Control of amphetamine-type stimulant precursors has become a major UN priority.


Drug possession

Article 3 of the Convention may require nations to ban possession of drugs for personal use: :''Subject to its constitutional principles and the basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psychotropic substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.'' Previous drug control treaties had targeted drug manufacturers and traffickers, rather than users. In their 2003 article, "The Mechanics and Dynamics of the UN System for International Drug Control," David Bewley-Taylor and
Cindy Fazey Cindy Fazey is a criminologist and former Chief of Demand Reduction for the United Nations Drug Control Programme. She has been Professor of International Drug Policy at the University of Liverpool since 1998. Fazey has spoken in the past of "th ...
explain that " e 1988 Convention was an attempt to reach a political balance between consumer and producer countries. Consequently, it was not only the duty of producing countries (e.g. the developing countries of Asia and South America) to suppress illicit supply, but also the duty of consumer countries (e.g. the industrialized countries of Europe and North America) to suppress the demand for drugs." However, it is unclear whether this provision actually does mandate prohibition of drug possession for personal use, due to the caveat that such possession need only be prohibited if it is "contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention." The American
National Commission on Marijuana and Drug Abuse The Shafer Commission, formally known as the National Commission on Marihuana and Drug Abuse, was appointed by U.S. President Richard Nixon in the early 1970s. Its chairman was former Pennsylvania Governor Raymond P. Shafer. The commission iss ...
found that the provisions of the 1961 Single Convention on Narcotic Drugs against possession apply only to possession related to illicit trafficking, while the Canadian Le Dain Commission of Inquiry into the Non-Medical Use of Drugs found otherwise.


Constitutional issues

Several of the Convention's provisions are prefaced with the words, "Subject to its constitutional principles and the basic concepts of its legal system, each Party shall ..." According to Fazey, "This has been used by the USA not to implement part of article 3 of the 1988 Convention." Similarly, if a national prohibition on drug possession violated a nation's constitution, those provisions would not be binding on that country.


Proposed repeal

In 2003, a
European Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
committee recommended repealing the 1988 Convention, finding that: :'' spite massive deployment of police and other resources to implement the UN Conventions, production and consumption of, and trafficking in, prohibited substances have increased exponentially over the past 30 years, representing what can only be described as a failure, which the police and judicial authorities also recognise as such ... e policy of prohibiting drugs, based on the UN Conventions of 1961, 1971 and 1988, is the true cause of the increasing damage that the production of, trafficking in, and sale and use of illegal substances are inflicting on whole sectors of society, on the economy and on public institutions, eroding the health, freedom and life of individuals.'' The road to repeal would be difficult. Individual nations could withdraw from the treaty under the provisions of Article 30. However, as former UN drug official Cindy Fazey notes, the Convention has no termination clause, and therefore would remain in effect even if only one signatory remained. The Transnational Radical Party report noted that denunciation is the only route to changing the control regime established by the treaty: :''As regards the 1988 Convention, written with the main objective of strengthening all aspects of prohibition (also at the level of consumption, establishing the reversal of the burden of proof for persons suspected of carrying forbidden substances), it was deemed not amendable, therefore, the only possible way to go about it would be its denunciation by a substantial number of contracting Parties.''


List of controlled drug precursors

Source
INCB Red List
(14th Edition, January 2015) The list of 23 substances is identical to list of EU-controlled drug precursors, except for the different categorization and inclusion of stereoisomers in EU Category 1.


Table I

* acetic anhydride * N-Acetylanthranilic acid *
ephedrine Ephedrine is a central nervous system (CNS) stimulant that is often used to prevent low blood pressure during anesthesia. It has also been used for asthma, narcolepsy, and obesity but is not the preferred treatment. It is of unclear benefit in ...
*
ergometrine Ergometrine, also known as ergonovine and sold under the brand names Ergotrate, Ergostat, and Syntometrine among others, is a medication used to cause contractions of the uterus to treat heavy vaginal bleeding after childbirth. It can be used ei ...
*
ergotamine Ergotamine, sold under the brand names Cafergot (with caffeine) and Ergomar among others, is an ergopeptine and part of the ergot family of alkaloids; it is structurally and biochemically closely related to ergoline. It possesses structural sim ...
*
isosafrole Isosafrole is an organic compound that is used in the fragrance industry. Structurally, the molecule is related to phenylpropene, a type of aromatic organic chemical. Its fragrance is reminiscent of anise or licorice. It is found in small amoun ...
* lysergic acid *
3,4-methylenedioxyphenyl-2-propanone 3,4-Methylenedioxyphenylpropan-2-one or piperonyl methyl ketone (MDP2P or PMK) is a chemical compound consisting of a phenylacetone moiety substituted with a methylenedioxy functional group. It is commonly synthesized from either safrole (whic ...
* norephedrine * phenylacetic acid * 1-phenyl-2-propanone * alpha-phenylacetoacetonitrile (APAAN) *
piperonal Piperonal, also known as heliotropin, is an organic compound which is commonly found in fragrances and flavors.Karl-Georg Fahlbusch, Franz-Josef Hammerschmidt, Johannes Panten, Wilhelm Pickenhagen, Dietmar Schatkowski, Kurt Bauer, Dorothea Garbe a ...
*
potassium permanganate Potassium permanganate is an inorganic compound with the chemical formula KMnO4. It is a purplish-black crystalline salt, that dissolves in water as K+ and , an intensely pink to purple solution. Potassium permanganate is widely used in the c ...
* pseudoephedrine *
safrole Safrole is an organic compound with the formula CH2O2C6H3CH2CH=CH2. It is a colorless oily liquid, although impure samples can appear yellow. A member of the phenylpropanoid family of natural products, it is found in sassafras plants, among oth ...
The salts of the substances listed in this Table whenever the existence of such salts is possible.


Table II

*
acetone Acetone (2-propanone or dimethyl ketone), is an organic compound with the formula . It is the simplest and smallest ketone (). It is a colorless, highly volatile and flammable liquid with a characteristic pungent odour. Acetone is miscib ...
*
anthranilic acid Anthranilic acid is an aromatic acid with the formula C6H4(NH2)(CO2H) and has a sweetish taste. The molecule consists of a benzene ring, ''ortho''-substituted with a carboxylic acid and an amine. As a result of containing both acidic and basic ...
*
diethyl ether Diethyl ether, or simply ether, is an organic compound in the ether class with the formula , sometimes abbreviated as (see Pseudoelement symbols). It is a colourless, highly volatile, sweet-smelling ("ethereal odour"), extremely flammable li ...
*
hydrochloric acid Hydrochloric acid, also known as muriatic acid, is an aqueous solution of hydrogen chloride. It is a colorless solution with a distinctive pungent smell. It is classified as a strong acid Acid strength is the tendency of an acid, symbol ...
(
hydrogen chloride The compound hydrogen chloride has the chemical formula and as such is a hydrogen halide. At room temperature, it is a colourless gas, which forms white fumes of hydrochloric acid upon contact with atmospheric water vapor. Hydrogen chloride ga ...
) * methyl ethyl ketone *
piperidine Piperidine is an organic compound with the molecular formula (CH2)5NH. This heterocyclic amine consists of a six-membered ring containing five methylene bridges (–CH2–) and one amine bridge (–NH–). It is a colorless liquid with an odor de ...
* sulphuric acid *
toluene Toluene (), also known as toluol (), is a substituted aromatic hydrocarbon. It is a colorless, water-insoluble liquid with the smell associated with paint thinners. It is a mono-substituted benzene derivative, consisting of a methyl group (CH3) a ...
The salts of the substances listed in this Table whenever the existence of such salts is possible. The salts of
hydrochloric acid Hydrochloric acid, also known as muriatic acid, is an aqueous solution of hydrogen chloride. It is a colorless solution with a distinctive pungent smell. It is classified as a strong acid Acid strength is the tendency of an acid, symbol ...
and sulphuric acid are specifically excluded from Table II.


See also

* List of UN-controlled narcotic drugs * List of UN-controlled psychotropic substances * List of EU-controlled drug precursors * List of US-controlled drug precursors


See also

*
Single Convention on Narcotic Drugs The Single Convention on Narcotic Drugs, 1961 (Single Convention, 1961 Convention, or C61) is an international treaty that controls activities (cultivation, production, supply, trade, transport) of specific narcotic drugs and lays down a syste ...
of 1961 * Convention on Psychotropic Substances of 1971


References


Citations


Sources


A Primer on the UN Drug Control Conventions
Transnational Institute, 2015. * Bewley-Taylor, David R. and Fazey, Cindy S. J.: The Mechanics and Dynamics of the UN System for International Drug Control, March 14, 2003. * {{DEFAULTSORT:Illicit Traffic in Narcotic Drugs Convention United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances United Nations treaties Treaties of Albania Treaties of Algeria Treaties of Andorra Treaties of Angola Treaties of Antigua and Barbuda Treaties of Argentina Treaties of Armenia Treaties of Australia Treaties of Austria Treaties of Azerbaijan Treaties of the Bahamas Treaties of Bahrain Treaties of Bangladesh Treaties of Barbados Treaties of Belarus Treaties of Belgium Treaties of Belize Treaties of Benin Treaties of Bhutan Treaties of Bolivia Treaties of 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