International_conventions_on_drug_use.pptx

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1. INTERNATIONAL CONVENTIONS ON DRUG USE Presenter: Dr Amit Singh Preceptor: Dr Raka Jain

2. OVERVIEW

3. INTRODUCTION UN treaties together form the international law framework of the global drug control regime T o establish internationally applicable control measures A im E nsuring that psychoactive substances are available for medical and scientific purposes Preventing them from being diverted into illegal channels. The treaties also include general provisions on the trafficking and use of psychoactive substances .

4. 1909: International Opium Commission 12 countries met in Shanghai Concern about increased opium use, especially in China Not an enforceable multilateral treaty Possibilities for imposing international controls on opium trade discussed to curb the domestic use opium restrict its use solely for medical purposes BACKGROUND Sinha , 2001

5. BACKGROUND 1912, Hague: First International Opium Convention This and several other later treaties negotiated by the League of Nations to curb the excesses of an unregulated system of free trade restrictions on exports Normative rather than prohibitive: No obligation to declare drug use/cultivation illegal, or these activities a criminal offence US emerging from WW-II endorsed a drug control regime with focus on repression and deterrence (the 1946 Lake Success Protocol) The political climate also enabled the globalisation of prohibitionist anti-drug ideals Sinha , 2001

6. TREATIES IN FORCE PRIOR TO THE 1961 SINGLE CONVENTION Date & Place 1912, Hague, Netherlands International Opium Convention 1925, Geneva, Switzerland Agreement concerning the manufacture of, internal trade in, and use of prepared opium 1925, Geneva, Switzerland International Opium Convention 1931, Geneva, Switzerland Convention for Limiting the manufacture and Regulating the Distribution of Narcotic Drugs 1931, Bangkok, Thailand Agreement for the control of opium smoking in the Far East 1936, Geneva, Switzerland Convention for the Suppression of Illicit Traffic in Dangerous Drugs 1946, New York, US (Lake Success Protocol) Protocol amended earlier agreements 1948, Paris, France (Paris Protocol) Brought drugs outside the scope of 1931 Convention under international control & modified Lake Success (NY) protocol 1953, New York (New York Opium Protocol) Protocol for limiting and regulating the cultivation of the poppy plant , the production, trade, and use of opium Sinha , 2001

7. UN Conventions Purpose: To replace previous international agreements that had been reached since the International Opium Convention Intended to create a unified, universal system of drug control . Forbidding production & supply of narcotic drugs, except for medical and scientific purposes. Expand control measures to cover the cultivation of plants from which narcotics are derived

8. THE INTERNATIONAL CONVENTIONS India is a party to all three treaties

9. SINGLE CONVENTION ON NARCOTIC DRUGS 1961 • Adopted March 30, 1961 • Entered into force, 1964 • Replaced previous treaties on opiates, cannabis & cocaine 51 articles Covers definitions, substances under control, general obligations, estimates of drug requirements, manufacture, import etc. Total schedule I-IV As on August 2017: Member states signatory-185 Not signed-11 Mostly countries in Oceania (small island countries) https://treaties.un.org/Pages/Treaties.aspx?id=6&subid=A&clang=_en

10. 1961 convention Substances Covered (as at 22 April 2017) • 124 specific Narcotic drugs controlled • Includes opium, cannabis and coca and their derivatives e.g. morphine, codeine, heroin, cocaine • Includes synthetic opiates e.g. meperidine , fentanyl Controls extended to isomers, esters/ethers, salts thereof, whenever existence is possible United Nations, 2017

11. TREATY-BASED OBLIGATION Article Limit to medical and scientific purposes 2, 4 Limit production/supply reduction 21-28 Defined quotas/Prevent Accumulation of Stocks 29 Licensure of manufacturers and distributors 29-30 Medical prescriptions required 2, 30 Authorization of imports and exports 31-32 Possession of drugs under legal authority 33 Record-keeping 34b Supervision, action, penal provisions 34 - 38 International control organs, composition, function 5-20 1961 convention

12. Schedules Harmfulness Degree of control Examples I Substances with addictive properties , presenting a serious risk of abuse Very strict; 'the drugs in Schedule I are subject to all measures of control applicable to drugs under this Convention' (art. 2.1) Cannabis & its derivatives, cocaine, heroin, methadone, morphine, opium II Substances normally used for medical purposes and given the lowest risk of abuse Less strict Codeine, dihydrocodeine , propiram

13. Harmfulness Degree of control Examples III Preparations of substances listed in Schedule II, as well as preparations of cocaine Lenient; According to the WHO, these preparations present no risk of abuse Preparations of codeine, dihydrocodeine , propiram IV The most dangerous substances, already listed in Schedule I, which are particularly harmful and of extremely limited medical or therapeutic value Very strict, leading to a complete ban on 'the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research' (art. 2.5.b) Cannabis and cannabis resin, heroin, desomorphine

14. Special Provisions Transitional Reservations (Article 49) : Parties were allowed to permit temporarily the production/manufacture/trade in its territories : Only in the territories with traditional use Opium / Cannabis / Coca production and trade related activity government agency to control entire operation from cultivation to distribution Furnish special estimates, statistical returns and report control efforts limitation on trade and export to a non-party for above mentioned uses 1 Quasi-medical use of opium Abolish use within 15 yrs 2 Opium smoking Permitted to registered users 3 Coca leaf chewing Abolish use within 25 yrs 4 Use of cannabis, cannabis resin, extracts & tinctures for non-medical purposes Abolish use within 25 yrs

15. 1972 amendment In response to the increased illicit cultivation of narcotics & expansion in trafficking Strengthening the respective obligations of parties E xpanding the role of the INCB Expanded the INCB from 11 members to 13 members Limit the production of o pium/cannabis Parties to seize opium poppy or the cannabis plant illicitly cultivated and destroy them Meanwhile, ensuring supply for medical and scientific purposes Treatment and rehabilitation of drug addicts “all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation, and social reintegration of the persons involved” as an alternative to incarceration

16. CONVENTION ON PSYCHOTROPIC SUBSTANCES 1971 • Adopted in 1971 (Vienna, Austria) • Entered into force, 1976 Single Convention did not regulate many newly-discovered psychotropics 33 articles Covers scope of control of substances, licenses, prescriptions, restriction on export-import, penal provisions etc. Schedule I-IV As in August 2017: Member states signatory-183 Not signed-14 - Mostly countries in Oceania (small island countries) https://treaties.un.org/Pages/Treaties.aspx?id=6&subid=A&clang=_en

17. Schedules Four Schedules Based upon the relative therapeutic value and risk of abuse of each substance Schedule I is the most restrictive (e.g., LSD) Schedule IV is least restrictive (e.g., diazepam) Generally less stringent controls than the Single Convention Listing of substance is often stereospecific - not extended to esters, ethers, or derivatives

18. Harmfulness Degree of Control Examples I Substances presenting a high risk of abuse, posing a particularly, serious threat to public health which are of very little or no therapeutic value Very strict; use is prohibited except for scientific or limited medical purposes LSD, MDMA (ecstasy), mescaline, psilocybine , specific isomers & stereochemical variants of THC II Substances with risk of abuse, posing a serious threat to public health which are of low or moderate therapeutic value Less strict Amphetamines and amphetamine-type stimulants, Methaqualone , PCP, GHB Schedules

19. Harmfulness Degree of control Examples III Substances presenting a risk of abuse, posing a serious threat to public health which are of moderate or high therapeutic value These substances are available for medical purposes Barbiturates, including amobarbital , buprenorphine, Flunitrazepam IV Substances presenting a risk of abuse, posing a minor threat to public health with a high therapeutic value These substances are available for medical purposes Tranquillisers, analgesics, narcotics, including allobarbital , diazepam, lorazepam , phenobarbital Schedules

20. TREATY-BASED OBLIGATION Article Licensure of manufacturers and distributors 8 Security and Inspection 8,15 Medical prescriptions required 9 Record-keeping 11 Import/Export Authorizations or Declarations 12 Restrict import/export of certain drugs 13 1971 Convention

21. CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 1988 It provides for international cooperation through, for example, extradition of drug traffickers, controlled deliveries and transfer of proceedings. Each party state must put control mechanisms in place in order to check manufacturing activities and distribution of these chemicals . 34 articles • Signatory states -189 • Not signed-9 On definitions, scope, sanctions, extradition, mutual legal assistance, precursor chemicals etc. • Adopted in 1988 (Vienna, Austria) • Entered into force, 1990 Adopted in response to the increase in drug trafficking It provides the legal basis for the international control of precursors and essential chemicals used in the illicit manufacture of drugs. https://treaties.un.org/Pages/Treaties.aspx?id=6&subid=A&clang=_en

22. Precursor control This Convention Lists the precursors, in two Tables called Tables I and II Imports & exports be properly labelled and documented Relevant documents should be kept for atleast two years Any party exporting the notified substance in Table I is required to issue pre-export notification to the importing country Parties to take measures to prevent diversion of these substances from the licit channels to the illicit manufacture of narcotic drugs & psychotropic substances

23. ORGANIZATIONS INVOLVED

24. UN SYSTEM AND DRUG CONTROL ORGANS UN General Assembly Economic and Social Council (ECOSOC) UNODC CND (Functional commission) WHO (SPECIALISED AGENCY) INCB (created by the treaties) Direct connection (administrative or constitutional) Reporting, cooperating and advising relationship Report of the International Narcotics Control Board for 2016 UN PRINCIPAL ORGANS SUBSIDIARY BODIES

25. UN ECONOMIC AND SOCIAL COUNCIL (ECOSOC) Central forum for discussing international and economic issues Formulates policy recommendations to the UN and member states on international economic, social, cultural, educational and health matters It is one of the 6 principal organs of UN Its subsidiary bodies includes 8 Functional Commissions[e.g. CND] 5 Regional Commissions 3 Standing Committees Expert bodies (governmental and Personal) & Other related bodies[e.g. INCB] On related matters it coordinates with 15 specialised agencies (autonomous organisations) of UN (e.g. WHO)

26. THE UN GENERAL ASSEMBLY Not directly involved in drug control, but can hold a special session (UNGASS) on drugs at the request of a majority of member states or the UN Security Council So far 3 UNGASS were held on drugs: 1990, 1998 and 2016 Main deliberative policy making organ of the UN, and the most democratic (1 state = 1 vote )

27. COMMISSION ON NARCOTIC DRUGS (CND) 1991 mandate enables CND to function as governing body of the UNODC Political declarations in 1998 and 2009 reaffirmed its role as one of the UN organs with prime responsibility for drug control matters Central policy-making body for the UN drug control system Analyses the world drug abuse situation and develops proposals to strengthen international efforts Monitors the implementation of the international drug control treaties Makes decisions to schedule, de-schedule or re-schedule a drug (based on WHO recommendations) Advises the council on all matters related to the drug control Established by the ECOSOC resolution in 1946, to assist ECOSOC in supervising the application of the international drug control treaties

28. CND Subsidiary body – Heads of National Drug Law Enforcement Agencies (HONLEA): Europe, Latin America and the Caribbean, Asia & Pacific and Africa – Sub-commission on Illicit Drug Traffic and Related Matters in the Near and Middle East Annual meeting in Vienna- Consider & adopt resolutions on drug policies The  CND and the Commission on Crime Prevention and Criminal Justice (CCPCJ) are policymaking bodies within the UN system and guide international action against drugs and crime . CND and CCPCJ are functional commissions of the ECOSOC and Governing Bodies of the UNODC

29. INTERNATIONAL NARCOTICS CONTROL BOARD (INCB) It reports to the ECOSOC through the CND It is an independent expert body established by the 1961 Convention Objective : To limit cultivation , production and utilization of the drugs controlled by the Conventions to the amounts - necessary for medical & scientific purposes. 13 board members proposed by the member States of UN & elected by the ECOSOC serve impartially in their personal capacities States keep records of the flow & handling of the controlled substances Provide INCB with estimates of the total annual requirements & statistics about actual manufacture, international trade and consumption. INCB evaluates data for any discrepancy

30. INCB Oversees implementation of the international drug control treaties Ensures the availability of internationally controlled drugs for medical and scientific purposes Produces annual reports Article 14 under 1961 Convention allows INCB to initiate measures against a National Government to ensure execution of provisions of the convention The INCB may publish a report on non-compliance & can invoke provisions prohibiting import/export of drugs from the country ( e.g . Afghanistan)

31. UN OFFICE ON DRUGS AND CRIME (UNODC) Coordinates global drug control efforts/activities Public face of drug control system Conducts research and perform situation analysis among the member States (UNODC World Drug Report) Technical assistance to INCB Hosts the INCB secretariat Helps INCB during its missions, drafting reports & exchange of information Capacity building & technical assistance to member states in their efforts against illicit drugs, crime, and terrorism.

32. WHO UN specialised agency for health Nominates 3 out of 13 candidates to the INCB Since 1949, the WHO Expert Committee on Drug Dependence (ECDD): Conducts medical and scientific assessments of psychoactive substances Recommends to add, to change scheduling, to delete a substance from the UN drug conventions considering the scientific and medical aspects

33. OTHER RELEVANT UN AGENCIES UNAIDS : UNODC and WHO are co-sponsors of UNAIDS, role in tackling HIV among people who use drugs UNDP : link between drugs and development OHCHR : link between drug control and human rights UN Women : raise awareness of the vulnerabilities and needs of women who use drugs, women cultivators, and female traffickers, women incarcerated, etc. International Criminal Police Organization ( INTERPOL-ICPO)

34. How powerful are the treaties? Bewley -Taylor, 2003 The Conventions are “self-executing” – obligations on states to apply it; however, implementation is left to each individual country & the INCB has no real power to enforce them But the Conventions are legally binding pursuant to the 1969 Vienna Convention on the Law of Treaties, which requires all parties to interpret treaties in good faith and respect their “object and purpose ” International pressure to abide Countries wishing to defect from the treaties face serious repercussions – economic sanctions, aid cut-offs, & damage to their international reputation & moral standing

35. TREND FOR COMPLIANCE In 2012 Portugal announced commercial cultivation of opium poppy following M.O.U. with a commercial organization–intended to be exported to the U.K. Regulated markets for cannabis in Uruguay & some American States In 2011 Bolivia withdrew of the conventions and later re-adhered with a reservation to allow the traditional consumption of coca leaf 1998 Czech Republic considered drug abuse/possession as “ misdemeanour”, punishment for possession of "bigger than small" States while technically appearing to be compliant, increasingly been moving away from the spirit of the treaties. Soft defections- Latin American countries, European countries, and various Australian states and territories. Bewley Taylor, 2012 Netherlands practised decriminalisation since the 1970s Uruguay never criminalised drug use or possession Rosmarin & Eastwood, 2012

36. CRITICISM Increased incarceration rates Prison overcrowding Huge criminal black market Policy displacement from health to law enforcement Geographical displacement from one place to somewhere else Substance displacement from soft drugs to hard drugs Marginalisation and stigma Violence and corruption Severe human rights violations (extrajudicial killings, impunity, torture, ill-treatment, etc.) Health harms (overdose deaths, HIV, hepatitis C, etc.)

37. Levels of control vs levels of harm Global Commission on Drug Policy, 2011 Nutt et al. The Lancet, 2007

38. CHALLENGES Reluctance towards ‘One size fits all’ arrangement Disapproval of rigid prohibitionist approach to drugs Call for reform process toward a modernization and humanization of the control systems Introducing proportionality in sentencing Decriminalization-Possession of substances for personal use not considered crime

39. CHALLENGES Rising discordance between national policy practices and the treaty framework (especially cannabis regulation ) Soft defections and de-escalation efforts becoming more widespread Emergence of more pragmatic approach Harm reduction approach Merits of a regulated legal market for cannabis Shift by the criminal justice system towards social & health care measures for non-violent offenders Ineffectiveness of repressive anti-drug efforts to reduce the illicit market

40. World Drug Report, 2016

41. Declarations on Drug Control Numerous UN resolutions & declarations concerning drug control Can help identify problems, motivate agencies & encourage corrective action through effective forms of cooperation 1993 1998 2009 2012 2016 1990 UNGASS 2009 Polit. Decl. Integrated & Balanced Approach to counter the World Drug Problem UNGASS on DRUG 2016 Mexico, Guatemala, Colombia call for an UNGASS to be held on Drugs UNGASS 1998 Polit. Decl. Crops Eradication & alternative Development UNGASS on Drugs 1990 Mid term review of 1990 political declaration

42. UNGASS 1998 The focus on demand reduction was welcomed International commitment to its implementation questioned Continued focus on law enforcement & criminalization as the appropriate paradigm to address the problem criticized In view of failing prospects for a drug free world a Special Session of the UNGASS convened in 1998, passed three resolutions: Political Declaration on Global Drug Control Declaration on the Guiding Principles of Drug Demand Reduction Measures to enhance international cooperation to counter the world drug problem

43. Special session to discuss the War on Drugs and to reconsider international drug treaties , as well as how to deal with drug treatment, rehabilitation, and related matters UNGASS outcome document reaffirms the earlier stance Civil society organisations statement “…the UNGASS is now perilously close to representing a serious systemic failure of the UN system … an expensive restatement of previous agreements and conventions ” UNGASS 2016

44. WHY NO PROGRESS? Allegedly, major UN conferences are carefully manoeuvred presentations , not arenas for discussion. “ They are not places for debate but for statements of position , where any potential conflict been headed off months before through a series of preliminary discussions and preparatory meetings ” Fazey , 2003 “… the primary goal of the international drug control regime has never been to eliminate illicit drug use . The most important objective of the delegates to the 1961 and 1971 conventions was to protect sundry economic , social, cultural, religious, and/or geopolitical interests . The amount of time actually spent at the conferences discussing the problems of addicted individuals , how to help them , and how to prevent more people from joining their ranks was minimal” McAllister, 1992

45. INDIAN SCENARIO India is signatory to all the three treaties Domestic legislation through NDPS act (1985) was passed around the expiry of ‘grace period’ for abolishing non-medical use of cannabis and opium under the 1961 Convention India objected proposed cannabis prohibition- Cannabis as defined in conventions explicitly omitted leaves and seeds Drinks made from cannabis leaves were to be sanctioned Amendments tried to keep the act in line with international treaty ‘Harm reduction approach’ provided back seat in NDPS policy Increased criminalization & human right violation Evidence suggests that the legislation was insufficient to curb drug use problem Ambekar et al, 2013

46. SUMMARY The 1961 and 1971 Conventions classify controlled substances in four schedules , according to their perceived therapeutic value and potential risk of abuse 1988 Convention annex included two tables listing precursors frequently used in the illicit manufacture of narcotic drugs O bligation to countries also reinforced establishing criminal offences in order to combat all aspects of the illicit production , possession and trafficking of NDPS

47. CONCLUSIONS Some parts of the UN treaties are no longer ‘fit for purpose’ to deal with new challenges There is a need for modernization of the treaty system taking into account the reality of today’s multicultural and multi-ethnic world And ensuring policy reforms guided by evidence and human rights principles but unhindered by legal constraints coming from current drug control treaties The debates are unsettled; suggestive of the still unresolved policy questions in the international fight against addictive substances

48. THANK YOU