International Drug Control into the 21st Century

Hamid Ghodse

• Publisher: Routledge
• Year: 2016
• ISBN:
  9781351926928
• Edition: 1
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

Providing a comprehensive analysis of drug misuse, dependence and the ways in which different parts of the world have responded to these problems, this volume examines aspects of the contemporary drug problem, the related debate and the way in which society is responding to it. Various controversial issues are covered, taking into account the way in which pressure groups would like to see changes in national and/or international drug control regimes. The book is drawn from extensive studies carried out by the UN over the last 15 years; each of the themes has been examined by a group of experts and lends itself to debate. Among the many topics discussed are: the legalization of drugs, prevention, treatment, rehabilitation, the macro and micro economy, supply and demand reduction and money laundering. The book will be a valuable resource for professionals and academics in law enforcement, health, social services, behavioural sciences, pharmacy and drug regulatory agencies.

Chapter 1

Introduction

With a history of nearly a century, the international drug control Conventions are among the oldest international Conventions ratified by most countries.^[1] Their original, and continuing, purpose is to secure a balance between the appropriate use of narcotic analgesics and psychotropic drugs and their undesirable effects such as abuse and dependence.^[2], ^[3]

National legislation is guided by these international obligations and the cornerstone of the Conventions is therefore to limit the use of these drugs to medical and scientific purposes. Over recent years the International Narcotics Control Board has brought to the attention of governments that, in addition to international control of production, manufacture and trade, other measures, particularly demand reduction, need to be promoted and advanced, if substance abuse and dependence are to be prevented.^[4]

The globalization of most aspects of life today brings with it many new opportunities for young people. They now have easy access to wide-ranging knowledge about the whole world rather than merely the village or town in which they live. These opportunities arise through information technology, travelling, befriending, access to jobs and so on. However, globalization also carries risks such as the adoption of aberrant behaviour, involvement in crime and copying problems that may be prevalent in other communities.^[5], ^[6], ^[7]

The young people of today live in a world that it is complex, providing them with both tremendous opportunities as well as challenges, with many benefits and many risks. The influence of their peers and their surroundings upon them and their behaviour, their lifestyle and their health is greater than ever before. Peer influences are no longer solely emanating from school or the local neighbourhood but can come from thousands of miles away. Indeed, adolescents’ ideals and role models may be in another continent and their problems may start from under the same roof or from a long distance away.^[8]

The provision of a healthy environment has thus become more difficult today than it has been in the past and the socio-cultural control of behaviour less predictable than ever.^[5] There is now a higher proportion of children and adolescents with mental and behavioural problems as a result of complex societal changes and the control of traditional diseases appears relatively simple compared to those related to behavioural influences, including substance abuse, in the course of recreational activities.^[8], ^[9]

The particular vulnerability of children and their need for care and protection was recognized by The United Nations Convention on the Rights of The Child (1989) which stipulates under Article 33 that States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances and to prevent the use of children in the illicit production and trafficking of such substances.^[8], ^[10]

The changes in the extent and nature of drug problems over the last three decades led the INCB, at the suggestion of Hamid Ghodse, to introduce a new chapter in its annual report. Traditionally, this report had previously focussed on control issues. The idea of the new chapter was to expand the report so that it also covered contemporary and topical issues related to its mandate. Since 1992 therefore, a particular theme has been selected each year for in-depth consideration. Governments, international organizations and NGOs have been encouraged to suggest topics for the chapter with final selection of the chosen theme reflecting the most relevant issue of the day. The Board and its secretariat then painstakingly prepared, debated and revised various drafts of the chapter prior to its inclusion in the Annual Report. Expert advice has been sought when necessary and consultation with appropriate international organizations has also been part of the process. However, the final decision of every aspect of the chapter, as of the Annual Report as a whole, has been that of the Board.

The thematic first chapter of the Annual Report has attracted much attention and has been welcomed by governments and by those working in the field of combating drug abuse problems. It has also made a significant contribution to public and academic debate about the whole range of drug problems and responses to them. Pro-drug lobbies and groups, although often critical of national and international drug control measures, have used it to focus their responses more cogently.

Since the introduction of the thematic chapter 15 years ago, the launch of the Board’s Annual Report has been extremely successful in raising the profile of the contemporary global drug problem. The annual press conference, which formerly took place only in Vienna at INCB headquarters, has expanded to over 30 countries around the world, enhancing the cooperation of the world’s media in promoting a response to the growing global drug problem.

In light of this level of interest, the Board requested Hamid Ghodse to compile and edit the thematic chapters into a single volume for a more general readership. The editing has concentrated on shaping individual chapters into a coherent whole without altering their meaning. Within the book, the order of the chapters remains chronological, reflecting the historical importance of different issues at different times. Minor editing has excluded subsidiary issues from some chapters where they were not directly related to the core of the chapter’s theme and some chapters have had their subsections re-ordered. However, each chapter of the book faithfully reflects the underlying meaning of the original chapter at the time that it was published.

The book starts with a brief description of the mandate and the role of different organs within the international drug control system and the responsibility of the INCB as the quasi judicial arm and the guardian of the conventions. This is an important chapter because it clarifies for a general readership the position of the Board in relation to the thematic chapters which follow.

Legalization of Internationally Controlled Drugs (1992). The ‘Temptation of Legalization’

In the context of questioning and challenging existing policies, anti-prohibitionist movements have been gaining ground. In an increasing number of countries, there have been vociferous calls for the legalization of the possession and use of some or all drugs for non-medical purposes.

The Board had emphatically rejected such proposals in its 1991 Report for such a legalization and, in 1992, decided to make legalization the central issue of the thematic chapter and to provide an analysis of its meaning and consequences. The report highlighted the flexibility that exists within the Conventions for a certain degree of depenalization and for implementing non-penal corrective measures for offences recognized as punishable. It discussed the inconsistencies that exist within the proposal for legalization in its present formulation. But above all, the Board emphasized the tremendous risks that legalization would entail for public health, social well-being and the international drug control system.

In summary, full implementation of the control measures mandated by international drug control treaties and ECOSOC resolutions is vital to more efficient international drug control. Furthermore, by identifying challenges to the international drug control system, pinpointing loopholes, and calling for new action to meet new trends, the Board attempts to direct the efforts of the international community to achieve even more efficient drug control policies. Enhanced international cooperation, for which the 1988 Convention provides key instruments, is of equally vital importance. The necessary political will and the provision of adequate resources are recurrent themes in the report.

The Board’s position received overwhelming support from governments at the Commission on Narcotic Drugs, the Economic and Social Council and the special plenary session of the General Assembly.

Demand Reduction (1993)

In 1993 demand reduction was the theme of the overview chapter and the Board called on governments to place higher priority on demand reduction policies. Some may think this an unusual issue for the Board because, as the Board itself has stated, an internationally standardized approach is hardly feasible in this field nor can demand reduction methods be imposed by legal documents. However, measures to reduce demand were required by the 1971 Convention and the 1972 protocol.

The Board stressed the importance of monitoring the drug abuse situation and of community involvement, and highlighted a few examples of successful demand reduction projects. The Board also noted the increasing emphasis on policies to mitigate the harmful effects of drug abuse. While acknowledging the importance of assisting victims of drug abuse and minimizing the potentially catastrophic effects of drug abuse on them, the Board warned that harm reduction policies cannot substitute for demand reduction policies.

Evaluation of the International Conventions (1994)

The General Assembly of the United Nations, in a resolution on measures to strengthen international cooperation against illicit drug activities (48/12), asked for the impact of the United Nations drug control treaties to be evaluated. The goal was to identify weaknesses as well as strengths in the treaty provisions.

In addition, since monitoring treaty implementation is the very essence of its work, the Board also decided to conduct its own evaluation of the effectiveness of the treaties and their implementation. This chapter highlighted some areas where the treaty provisions were weak, or not implemented, offering governments at the Commission on Narcotic Drugs or ECOSOC the opportunity to decide which weaknesses warranted intervention and the best way to remedy to such situations. One possible outcome would be to amend the drug control treaties.

The following two issues exemplify some of the difficulties associated with treaty implementation. The first one is not new. It relates to coca chewing and the drinking of coca tea. Legislation in three countries in Latin America tolerates the drinking of coca tea and coca chewing. This is in contradiction to the provisions of the 1961 Convention, which make it mandatory that those habits be prohibited, after a certain transitional period, which has elapsed. The Board, the guardian of the treaties, can only repeat every year that there is a treaty violation in the countries concerned. In this chapter the Board expressed the view that this contradiction should now be resolved. Based on adequate scientific evaluation of the coca tea and coca chewing habits, governments should decide whether treaty provisions are adequate.

The second issue related to the possible revision of the classification and control of the cannabis plant and cannabis products. It is suggested that the potency of those products should be taken into account, rather than the type of products per se (i.e. leaf/resin/flowering tops). The Board has on several occasions called attention to the emergence of new varieties of cannabis with leaves with a THC content much higher than the flowering or fruiting tops. Cannabis leaves as such do not fall under international control. Similarly there are now resins available with very high THC content.

The chapter pinpointed a number of other areas for possible amendments. For example, it called for a review of the controls over poppy straw and identified a number of possible adjustments of a more technical nature.

Overall, however, the chapter stressed that the present drug control system has achieved considerable success, for example in limiting diversion of narcotic drugs and of psychotropic substances from licit manufacture and trade into illicit channels.

It suggested that some of the shortcomings of the international drug control system relate to the fact that the Conventions were intended to be universal but have not yet been universally adopted nor applied. In other words, the system has not yet been given the chance to function at its full capacity. Universal adherence and implementation are therefore key conditions for efficient international drug control. However, to be efficient, the international drug control system has to have the ability to adapt rapidly to changing abuse and trafficking situations. This implies a need for timely decisions to place new substances under control or to change their control regimes. The importance of timely updating of treaty provisions and adjustment of technical assistance was also stressed.

Giving More Priority to Combating Money-Laundering (1995)

It is well known that international trafficking in narcotic drugs and psychotropic substances is extremely lucrative for the key players and organizers. Huge amounts of capital are generated and the profits derived from such illegal activities are very often either integrated into the legal economy or are used in corrupt and criminal ways to enhance illegal activities.

The adoption of the 1988 Convention marked a decisive step in mobilizing the international community in the fight against illicit drug trafficking. Moneylaundering offences are defined in the Convention, and parties to the Convention are required to make them serious criminal offences, to be severely punished and subject to extradition.

Money laundering was the focus of the thematic chapter in 1995 because of the impact that the effective implementation of measures against money laundering can have on curbing drug trafficking and therefore on achieving the objectives of the international drug control treaties. For example, powerful trafficking groups through their financiers can have a significant influence on politicians, the judicial system, the media and many other sectors of a society. Through this, they can impose their own laws, including the ‘buying of public opinion’ within the country.

Seizures of drugs, even in large quantities, cause only limited losses to drug traffickers, and these are quickly compensated for by increasing shipments.

However, confiscation of the assets and property of such criminals undermines their capacity to organize and to maintain their logistics and their ability to corrupt – this, of course, being the basis of their power. Confiscation is therefore an important weapon in destroying criminal organizations and their trafficking operations. It also offers the opportunity to utilize confiscated assets for the fight against drugs, for example to fund drug abuse prevention projects, to improve the capacity of law enforcement agencies or to enhance programmes for crop substitution and alternative development. All such measures help to intensify the fight against organized crime and the production of, and traffic in, narcotic drugs, thereby breaking the malignant circle. Confiscated assets and property can be divided between the governments involved, or can be donated to international organizations, such as UNDCP which is having to significantly reduce and restrict its projects because of a lack of financial resources.

Because of the international nature of money laundering, a global response is essential and the Convention stipulates that harmonized policies should be formulated. Furthermore, where necessary, countries should be assisted to implement them. Although some progress has been made, there is still an evident lack of universality in the implementation of money-laundering countermeasures and there is no generally applicable instrument for assessing their results.

The thematic chapter contained numerous examples of how global economic integration, opening of borders and deregulation of trade are facilitating drug trafficking and money laundering. It noted that, although financial operations are the points at which criminals are often the most vulnerable, and money trails are often the only way to trace the organizers of an illicit drug operation, many countries still need to put in place the appropriate laws and procedures to deal with this. In other words many countries were far from meeting their obligations in relation to the provisions and recommendations of the 1988 Convention (eg. the confiscation of proceeds and property, the reverse of the onus of proof, the implementation of controlled delivery, mutual legal assistance and extradition). In addition, it was the view of the Board that all countries should provide and enforce ...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• Members of the International Narcotics Control Board 1992 to date
• Preface
• 1 Introduction
• 2 International Drug Control System
• 3 Legalization of Internationally Controlled Drugs
• 4 Drugs and the Importance of Demand Reduction
• 5 Evaluation of the Effectiveness of the International Drug Control Treaties
• 6 Money-Laundering
• 7 Drug Abuse and Criminal Justice
• 8 Preventing Drug Abuse in an Environment of Illicit Drug Promotion
• 9 International Control of Drugs: Past, Present and Future
• 10 Freedom from Pain and Suffering
• 11 Overconsumption of Internationally Controlled Drugs
• 12 Globalization and New Technologies: Challenges to Drug Law Enforcement in the 21st Century
• 13 Illicit Drugs and Economic Development
• 14 Drugs, Crime and Violence: The Microlevel Impact
• 15 Integration of Supply and Demand Reduction Strategies: Moving Beyond a Balanced Approach
• 16 Alternative Development and Legitimate Livelihoods
• 17 Internationally Controlled Drugs and the Unregulated Market
• Index