Commission on Narcotic Drugs Topic A: Implementation of the Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem All over the world, illegal drugs threaten individuals, families, communities and even the stability of nations. --Secretary-General Ban Ki Moon The trafficking and use of narcotic and psychotropic drugs are pervasive problems facing the international community. The trafficking of narcotic and psychotropic drugs has plagued the international community since the founding of the United Nations (UN). 1 The Commission on Narcotic Drugs (CND) was established by the Economic and Social Council (ECOSOC) in 1946, to oversee the application of international drug control treaties. 2 In 1991, the General Assembly (GA) expanded the mandate of the CND to function as the governing body of the UN Office on Drugs and Crime. 3 The trafficking of narcotics has gained increased attention from the international community since the 1960s and 1970s. 4 Ultimately, much of the approach taken by the international community has focused on the criminal justice aspects of addressing the world drug problem. Illicit drug use has a detrimental effect on social and economic development, fostering Transnational Organized Crime and tearing apart local communities. The illicit drug trade harms social and economic development, spreads diseases, such as HIV/AIDS, and increases international crime and political instability. To solve the world drug problem, the international community must implement a comprehensive approach to the problem by addressing the supply side of the drug trade through increased alternative development, as well as reducing the demand for illicit drugs in developed countries through education and rehabilitative programs. Background Single Convention on Narcotic Drugs of 1961 Although the world drug problem has existed since the foundation of the UN, the modern legal framework for addressing the world drug problem began in the 1960s. The Single Convention on Narcotic Drugs of 1961 is the first major modern international treaty addressing the illicit 1 The Commission on Narcotic Drugs. UNODC, n.d. Web. 18 May 2015. <http://www.unodc.org/unodc/commissions/cnd/>. 2 Id. 3 Id. 4 Mingst, Karen A., and Ivan M. Arreguin-Toft. Essentials of International Relations. 5th ed. New York: W.W. Norton & Co., 2011. 361-62. Print. 1
trafficking of narcotics. 5 The Single Convention, which was later expanded by the 1972 Protocol, codified and consolidated previous international drug control treaties. 6 The focus of the Single Convention was to limit the use, manufacturing, and trafficking of narcotic drugs, including opium and its derivatives like heroin and morphine, as well as cannabis. 7 Furthermore, the Single Convention gives the CND the power to add or delete drugs from the schedules of narcotic substances, in accordance with recommendations from the World Health Organization, as well as establishing the International Narcotics Control Board. 8 The Single Convention outlined and organized different drugs into the various schedules based on their composition and effects. 9 The Single Convention represented a major turning point in the international communities approach to the world drug problem because it was the first major comprehensive approach towards the world drug problem. The Convention on Psychotropic Substances of 1971 The Convention on Psychotropic Substances of 1971 focused on addressing drugs beyond narcotics, through establishing an international control system for psychotropic substances. 10 The 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances focused on establishing comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursor chemicals. 11 All three treaties are mutually reinforcing. The main purpose of the treaties is to codify international drug control measures, to prevent the illicit use and trafficking of drugs, while simultaneously ensuring the availability of certain drugs for legal and legitimate medical and scientific purposes. 12 Additional International Treaties Two major turning points in the international community s response to the world drug problem include the political declarations adopted in 1998 and 2009. 13 Both declarations focus on enhancing international cooperation to address the world drug problem. 14 The Political 5 International Narcotics Control Board, n.d. Web. 18 May 2015. <http://www.incb.org/incb/en/narcoticdrugs/1961_convention.html>. 6 Id. 7 Id. 8 "Single Convention on Narcotic Drugs, 1961." International Narcotics Control Board, n.d. Web. 18 May 2015. <http://www.incb.org/documents/narcotic-drugs/1961-convention/convention_1961_en.pdf>. 9 Id. 10 Convention on Psychotropic Substances, 1971. UNODC, n.d. Web. 18 May 2015. <http://www.unodc.org/unodc/en/treaties/psychotropics.html>. 11 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. UNODC, n.d. Web. 18 May 2015. <http://www.unodc.org/unodc/en/treaties/illicit-trafficking.html>. 12 Treaties. UNODC, 2015. Web. 18 May 2015. <http://www.unodc.org/unodc/en/treaties/index.html>. 13 Political Declarations on the world drug problem. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/unodc/en/commissions/cnd/political_declarations/political-declarations_index.html>. 14 Id. 2
Declaration of 1998 was adopted by the GA at its twentieth special session on the world drug problem. 15 The 1998 Declaration established relevant goals and targets for Member States. 16 Furthermore, the 1998 Declaration called upon Member States to report biennially to the Commission on Narcotic Drugs on the progress towards meeting the goals set forth in the declaration. 17 Member States submit these reports to the CND on their progress to enhance international cooperation on the world drug problem. 18 In March 2009, Member States evaluated the progress made since 1998 towards meeting the goals and targets established at the twentieth special session of the General Assembly, and adopted the Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem. 19 The 2009 Political Declaration and Plan of Action identified future priorities and areas requiring further action and established goals and targets for drug control beyond 2009, focusing on a three part plan of action, including demand reduction, supply reduction, and countering money laundering practices. 20 Current Issue Demand Reduction Demand reduction is an important priority in combating the world drug problem. The international community must continue to implement a comprehensive approach towards reducing the demand for illicit drugs to fully combat the detrimental aspects of this particular trade. Member States need to further implement national legislation that takes into account the specific challenges faced by vulnerable populations. 21 Furthermore, the Joint Ministerial Statement of the 2014 High-Level Review by the CND of the Implementation by Member States of the Political Declaration and Plan of Action highlighted the increased need for educational and awareness programs, as well as increased international cooperation to strengthen public health systems to strengthen prevention and treatment measures. 22 Additionally, the 2014 Joint Ministerial Statement recognized the intrinsic link between drug use and the spread of HIV/AIDS, and called for increased cooperation among 15 Id. 16 Id. 17 Id. 18 Id. 19 Id. 20 Id. 21 "Joint Ministerial Statement of the 2014 High-Level Review by the Commission on Narcotic Drugs of the Implementation by Member States of the Political Declaration and Plan of Action." CND, n.d. Web. 22 May 2015. <http://www.unodc.org/documents/hlr//jointstatement/v1403583_e_ebook.pdf>. 22 Id. 3
Member States, the World Health Organization, UNODC, and UNAIDS, to minimize the negative public health and social impacts of drug abuse. 23 Supply Reduction and Related Measures Reducing the illicit trafficking of narcotic and psychotropic drugs is an essential element towards addressing the world drug problem. One primary example of the international response towards reducing the illicit trafficking of drugs is the joint UNODC / World Customs Organization (WCO) Container Control Programme. Through the Container Control Programme, the UNODC and the WCO provide technical assistance to Member States to minimize the risk of shipping containers being exploited for illicit drug trafficking. 24 In addition to addressing illicit drug trafficking directly, precursor control remains an important challenge facing the international community regarding the supply of illicit drugs. Precursor chemicals are chemicals that are utilized in the manufacturing of drugs. 25 The major challenge of precursor chemical control is to prevent the use of precursors to manufacture illicit drugs, while simultaneously not stifling the licit trade of chemicals for industrial and pharmaceutical use. Greater international cooperation is required to prevent the diversion of licit precursors to illicit end users. 26 Alternative development The alternative development concept is the understanding that drug crop growing areas are mostly areas where poverty is inherent and where farmers cultivate illicit drug crops because they are unable to obtain sufficient income from legal activities due to lack of markets, conflict, marginal land and absence of basic infrastructures. 27 Alternative development aims to provide licit sustainable alternative livelihoods to areas that cultivate illicit drug crops. 28 UNODC's alternative development interventions also target communities that are vulnerable to starting illicit cultivation in the future. 29 Ultimately, increased financial and technical assistance is required from the international community, to fully implement alternative development projects in vulnerable areas. An important tool in regards to alternative development is the UN 23 Id. 24 Horizontal Initiatives. UNODC, n.d. Web. 19 May 2015. <http://www.unodc.org/unodc/en/drugtrafficking/horizontal-initiatives.html>. 25 "World Drug Report, 2014." UNODC, n.d. Web. 19 May 2015. <http://www.unodc.org/documents/wdr2014/world_drug_report_2014_web.pdf>. 26 Id. 27 Alternative Development. UNODC, n.d. Web. 21 May 2015. <http://www.unodc.org/unodc/en/alternativedevelopment/overview.html>. 28 Id. 29 Id. 4
Guiding Principles on Alternative Development. The UN Guiding Principles on Alternative Development are guidelines based on best practices that offer technical assistance towards the implementation of alternative development programmes. 30 To achieve increased implementation of alternative development projects in line with the UN Guiding Principles on Alternative Development, increased cooperation among Member States, as well as Non-Governmental Organizations is required. 31 Ultimately, alternative development is the principle means to address supply reduction, and reduce the illicit trafficking of drugs. Countering Money-Laundering and Promoting Judicial Cooperation Combating Money-laundering is a necessary element to reduce the illicit trafficking of drugs. Addressing money-laundering is important because money-laundering fuels transnational organized crime, which exacerbates the illicit trafficking of narcotics. Combating Moneylaundering requires greater coordination among Member States, through enhanced judicial cooperation at the national, regional, and international levels, as well as increased capacity building. 32 Through the Global Programme against Money-Laundering, Proceeds of Crime and the Financing of Terrorism (GPML), the UNODC provides technical assistance to Member States that are vulnerable to money-laundering practices. 33 Furthermore, GPML in coordination with various other international bodies such as the International Monetary Fund has developed model legislation as well as an information sharing network to combat the illicit practice of money laundering. 34 Ultimately, transnational organized crime is a serious threat to international peace and security, and must be addressed to combat the issue of money-laundering and the world drug problem in general. Future Outlook The UN General Assembly will hold a Special Session (UNGASS) on drugs in 2016. 35 The Special Session will review the progress made towards meeting the targets outlined in the 30 "UN Guiding Principles on Alternative Development." UN General Assembly, n.d. Web. 19 May 2015. <http://www.unodc.org/documents/commissions/cnd/drug_resolutions/2010-2019/2013/a_res_68_196.pdf>. 31 Id. 32 "Joint Ministerial Statement of the 2014 High-Level Review by the Commission on Narcotic Drugs of the Implementation by Member States of the Political Declaration and Plan of Action." CND, n.d. Web. 22 May 2015. <http://www.unodc.org/documents/hlr//jointstatement/v1403583_e_ebook.pdf>. 33 Technical assistance against money-laundering. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/unodc/en/money-laundering/technical-assistance.html?ref=menuside>. 34 UNODC on money-laundering and countering the financing of terrorism. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/unodc/en/money-laundering/index.html?ref=menuside>. 35 Special Session of the General Assembly on the World Drug Problem. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/ungass2016/en/about.html>. 5
Political Declaration and Plan of Action by the 2019 deadline. 36 The Special Session will note achievements made towards the implementation of the Political Declaration and Plan of Action and will also highlight areas that need more work and attention. Member State Participation Although there are States throughout the global community that have working legal mechanisms available to combat this particular problem, there are difficulties that exist that inherently block the measures from being fully implemented. Specifically within the area of judicial cooperation Member States should identify areas of synergy between the work of the United Nations Office on Drugs and Crime on judicial cooperation in the area of drug trafficking in the context of the 1988 Convention and the work carried out to implement the Organized Crime Convention and the Convention against Corruption, recognizing that gathering information on the implementation of those instruments must be complementary and mutually supportive. 37 Additionally, utilize in conformity with national legislation, existing tools and programmes to enhance extradition and mutual legal assistance through information-gathering, judicial assistance resources, including online resources such as directories, model forms, guidelines, and manuals. 38 Review all pertinent national legislation, to ensure that direct compliance with the legal requirements of the 1988 Convention, as well as to promote the exchange of information among competent authorities regarding drug trafficking by sea, through regional and subregional cooperation. 39 Lastly, define the liability and responsibilities of various shipping structures and strengthen cooperation with professional trade associations, consistent with existing international mechanisms and in accordance with their national legislation. Ultimately, despite progress made towards combating the world drug problem, much more work still needs to be done by the international community. Full implementation of the Political Declaration and Plan of Action requires a comprehensive approach by the international community. Through increased cooperation, the international community can solve the world drug problem and move forward towards greater economic and social development. 36 Id. 37 Political Declarations on the world drug problem. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/unodc/en/commissions/cnd/political_declarations/political-declarations_index.html>. 38 Id. 39 Id. 6
Focus Questions 1. What has your state done to promote more active participation in both the Political Declaration and Plan of Action for International Cooperation? 2. What legislation and or documents has your country signed and ratified to help counter the World Drug Problem? 3. What internal efforts has your country taken to eradicate the World Drug Problem? 4. What efforts has your country made to help other States dealing with this issue? 7
Works Cited Alternative Development. UNODC, n.d. Web. 21 May 2015. <http://www.unodc.org/unodc/en/alternative-development/overview.html>. The Commission on Narcotic Drugs. UNODC, n.d. Web. 18 May 2015. <http://www.unodc.org/unodc/commissions/cnd/>. Convention on Psychotropic Substances, 1971. UNODC, n.d. Web. 18 May 2015. <http://www.unodc.org/unodc/en/treaties/psychotropics.html>. Horizontal Initiatives. UNODC, n.d. Web. 19 May 2015. <http://www.unodc.org/unodc/en/drugtrafficking/horizontal-initiatives.html>. International Narcotics Control Board, n.d. Web. 18 May 2015. <http://www.incb.org/incb/en/narcotic-drugs/1961_convention.html>. "Joint Ministerial Statement of the 2014 High-Level Review by the Commission on Narcotic Drugs of the Implementation by Member States of the Political Declaration and Plan of Action." CND, n.d. Web. 22 May 2015. <http://www.unodc.org/documents/hlr//jointstatement/v1403583_e_ebook.pdf>. Mingst, Karen A., and Ivan M. Arreguin-Toft. Essentials of International Relations. 5th ed. New York: W.W. Norton & Co., 2011. 361-62. Print. "Single Convention on Narcotic Drugs, 1961." International Narcotics Control Board, n.d. Web. 18 May 2015. <http://www.incb.org/documents/narcotic-drugs/1961- Convention/convention_1961_en.pdf>. Special Session of the General Assembly on the World Drug Problem. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/ungass2016/en/about.html>. Technical assistance against money-laundering. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/unodc/en/money-laundering/technical-assistance.html?ref=menuside>. Treaties. UNODC, 2015. Web. 18 May 2015. <http://www.unodc.org/unodc/en/treaties/index.html>. United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. UNODC, n.d. Web. 18 May 2015. <http://www.unodc.org/unodc/en/treaties/illicit-trafficking.html>. 8
"UN Guiding Principles on Alternative Development." UN General Assembly, n.d. Web. 19 May 2015. <http://www.unodc.org/documents/commissions/cnd/drug_resolutions/2010-2019/2013/a_res_68_196.pdf>. UNODC on money-laundering and countering the financing of terrorism. UNODC, n.d. Web. 22 May 2015. <http://www.unodc.org/unodc/en/money-laundering/index.html?ref=menuside>. "World Drug Report, 2014." UNODC, n.d. Web. 19 May 2015. <http://www.unodc.org/documents/wdr2014/world_drug_report_2014_web.pdf>. 9