United Nations

A/RES/39/141


General Assembly

Distr. GENERAL  

14 December 1984

ORIGINAL:
ENGLISH



                                                   A/RES/39/141
                                                   14 December 1984
                                                   Meeting no. 101
 
           International campaign against traffic in narcotic drugs
 
     The General Assembly,
 
     Recalling its resolutions 33/168 of 20 December 1978, 35/195 of
15 December 1980, 36/132 of 14 December 1981, 36/168 of 16 December 1981,
37/168 of 17 December 1982, 37/198 of 18 December 1982, 38/93 and 38/122 of
16 December 1983 and other relevant provisions,
 
     Aware of the dangers posed by the illegal production of drugs, illicit
demand, illicit drug traffic and drug abuse and of the need to pay renewed
attention to these problems and to their pernicious effects,
 
     Concerned at the increasing damage which the illicit drug traffic causes
to public health, the economic and social development of peoples, and young
people in particular,
 
     Bearing in mind the Quito Declaration against Traffic in Narcotic Drugs
of 11 August 1984 and the New York Declaration against Drug Trafficking and
the Illicit Use of Drugs of 1 October 1984, in which profound alarm was
expressed at the seriousness of the problem,
 
     Recognizing the valuable contribution made by existing international
legal instruments in their specialized areas, including the Single Convention
on Narcotic Drugs of 1961, as amended by the 1972 Protocol Amending the Single
Convention on Narcotic Drugs of 1961, and the Convention on Psychotropic
Substances of 1971,
 
     Convinced that the wide scope of the illicit traffic in narcotic drugs
and its consequences make it necessary to prepare a convention which considers
the various aspects of the problem as a whole and, in particular, those not
envisaged in existing international instruments,
 
     Commending the important work of the Commission on Narcotic Drugs, the
United Nations Fund for Drug Abuse Control and the International Narcotics
Control Board,
 
     1.   Reiterates that the struggle against the illegal production and
     demand and the illicit use and traffic in drugs deserves urgent treatment
     of the highest priority;
 
     2.   Requests the Economic and Social Council, taking into consideration
     Article 62, paragraph 3, and Article 66, paragraph 1, of the Charter
     of the United Nations and Council resolution 9 (I) of 16 February 1946,
     to request the Commission on Narcotic Drugs to initiate at its
     thirty-first session, to be held in February 1985, as a matter of
     priority, the preparation of a draft convention against illicit traffic
     in narcotic drugs which considers the various aspects of the problem as a
     whole and, in particular, those not envisaged in existing international
     instruments, and, to that end, to transmit to it the draft convention
     annexed to the present resolution as a working paper;
 
     3.   Requests the Secretary-General to propose to the Commission on
     Narcotic Drugs that it adjust the agenda of its thirty-first session, as
     approved by the Economic and Social Council in its decision 1983/115 of
     24 May 1983, to enable the Commission to initiate the preparation of the
     draft convention referred to in paragraph 2 above;
 
     4.   Requests the Commission on Narcotic Drugs to report to the Economic
     and Social Council, if possible at its first regular session of 1985, on
     the results achieved in this respect;
 
     5.   Requests the Secretary-General to report to the General Assembly at
     its fortieth session on the implementation of the present resolution.
 
                                    ANNEX
            Draft Convention against Traffic in Narcotic Drugs and
                Psychotropic Substances and Related Activities
 
                                   Preamble
     The States Parties to the present Convention,
 
     Concerned that illicit traffic in and use of narcotic drugs and
psychotropic substances transcend the sphere of the physical and moral
well-being of mankind and are detrimental to the identity and integration of
peoples, since they constitute a factor of dependence and corruption which
undermines their spiritual, cultural, social and economic values, and aware
that such problems must be dealt with within the framework of international
co-operation and global geopolitics, since drugs are goods used to weaken the
legitimate economies of the countries and to undermine their sovereignty, and
that such practices are impeding development, especially in the countries of
the Andean region, agree to declare illicit traffic in narcotic drugs and
psychotropic substances, the fundamental means of promoting illicit use of
such substances, which use is inflicting serious harm on the youth of the
world, to be a grave crime against humanity under international law, having
regard to the following considerations:
 
     1.   Whereas illicit traffic in and use of such substances are
     detrimental to the integrity and identity of our peoples since they
     undermine their spiritual, historical and social values, and, as a result
     of technical advances in the communications media, unprecedented
     expansion in untoward cross-cultural influences, increase in organized
     crime and other factors, have reached proportions too great to be dealt
     with through the isolated demands and actions of States,
 
     2.   Whereas there is clear evidence that illicit trafficking is closely
     linked to the designs and actions of some aimed at subverting the legal
     order and social peace in our countries in pursuit of their despicable
     commercial aims, and that it constitutes a factor of dependence for
     developing peoples and impedes economic integration in keeping with their
     common interests,
 
     3.   Whereas it is clearly established that illicit trafficking operates
     by corrupting the political and administrative structures of producing
     and consuming countries and undermines the security and defence of
     peoples by sapping their military strength and affecting their
     sovereignty,
 
     4.   Whereas there is a need for international legislation that would
     provide a basis for effective action to combat illicit trafficking in and
     use of narcotic drugs and psychotropic substances beyond national
     boundaries, and for punishing those responsible wherever they may be,
 
     5.   Whereas the volume, magnitude and extent of illicit trafficking and
     use represent a challenge to society as a whole and constitute activities
     threatening the very existence and future development of human beings and
     especially affect youth, a key factor for the development of the peoples
     of the world,
 
     6.   Whereas drug addiction is detrimental to health, one of the basic
     assets and inalienable rights of every human being, and whereas without
     individual health there is no public health, a fact which in turn bears
     upon and determines the economic development of peoples,
 
     7.   Bearing in mind that the repeated use of narcotic drugs and
     psychotropic substances affects the individual and that, through its
     biological, psychological and social effects, damages the personality and
     creates problems for the family, society and the State,
 
     8.   Whereas the illicit use of narcotic drugs and psychotropic
     substances is taking a very serious and often irreversible toll on youth,
     which is the noblest part of the human resources of the world's peoples,
     and weakens their capacity for cultural and material progress,
 
     Have agreed as follows:
 
                                  Article 1
                                 Definitions
 
     For the purposes of the present Convention:
 
     (a)  Trafficking shall mean the preparation, production, extraction,
     cultivation, preservation, acquisition, distribution, financing,
     organization and management, transport, supply and/or storing of any of
     the substances, or their raw materials, referred to in the present
     Convention, except those enumerated for medical or scientific use in the
     1972 Protocol Amending the Single Convention on Narcotic Drugs of
     1961, and in the Convention on Psychotropic Substances of 1971;
 
     (b)  Narcotic drugs and psychotropic substances shall mean the
     substances, preparations and proprietary drugs listed in the schedules to
     the Single Convention on Narcotic Drugs of 1961, as amended by the 1972
     Protocol, and the Convention on Psychotropic Substances of 1971, and such
     others as may, as determined by the World Health Organization, produce a
     state of dependence, stimulation or depression of the central nervous
     system, result in hallucinations or disturbances in motor function or
     thinking, behaviour, perception or mood, or the use of which may produce
     effects similar to those produced by any of the substances referred to
     above.
                                  Article 2
                             Nature of the crime
 
     Trafficking in narcotic drugs or psychotropic substances is a grave
international crime against humanity.  The States Parties to the present
Convention undertake to prevent and suppress it.
 
                                  Article 3
                              Illicit activities
 
     The following shall be deemed illicit activities:  trafficking,
distribution, supply, manufacture, elaboration, refining, processing,
extraction, preparation, production, cultivation, preservation, transport and
storage and the management, organization, financing or facilitating of the
traffic in any of the substances or their raw materials referred to in the
present Convention.
 
                                  Article 4
                           Aggravating circumstance
 
     It shall be deemed an aggravating circumstance if an individual
responsible for such activities performs a public function of any kind.
 
                                  Article 5
                            Character of the crime
 
     The illicit activities enumerated in the present Convention shall not be
considered as political crimes for the purpose of extradition.
 
                                  Article 6
                       Imprescriptibility of the crimes
 
     1.   The crimes enumerated in the present Convention shall be
     imprescriptible.  Irrespective of the date on which they were committed,
     they shall be investigated, and individuals against whom there exists
     sufficient evidence of having committed such crimes shall be sought,
     arrested, charged and, if found guilty, punished.
 
     2.   The States Parties undertake to adopt, in accordance with their
     respective laws, any legislative or other measures as may be necessary to
     ensure that statutory or other limitations shall not apply to the
     prosecution or punishment, as determined by law or otherwise, of the
     crimes referred to in article 3 and part A, paragraph 2, of article 10 of
     the present Convention, and that, where they exist, such statutory
     limitations shall be abolished.
 
                                  Article 7
                         Duties of the States Parties
 
     The States Parties undertake to adopt the legislative measures necessary
to ensure implementation of the provisions of the present Convention and, in
particular, to provide for stringent criminal penalties against individuals
responsible for the activities referred to herein.
 
                                  Article 8
                    Duties of international organizations
 
     Any State Party or competent international organization may seek to have
the relevant bodies of the United Nations or of other regional organizations
take such action as they deem appropriate, in accordance with the
international instruments governing them, to prevent and suppress the illicit
activities enumerated in the present Convention.
 
                                  Article 9
                          International co-operation
 
     1.   The States Parties shall co-operate on a bilateral and multilateral
     basis to prevent and suppress the illicit activities enumerated in the
     present Convention and shall take all necessary measures towards that
     end.
 
     2.   Accordingly, they shall:
 
     (a)  Ensure that, at the national level, there is co-ordination of
     preventive and repressive action against illicit trafficking in narcotic
     drugs and psychotropic substances.  They may assign responsibility for
     such co-ordination to an appropriate agency;
 
     (b)  Provide mutual assistance in combating illicit trafficking and
     co-operate with each other in identifying, arresting and taking legal
     action against those suspected of engaging in such illicit activities and
     their accomplices or abettors and also in seizing and destroying such
     substances;
 
     (c)  Co-operate closely with each other and with competent international
     organizations of which they are members in a co-ordinated effort to
     combat illicit trafficking, particularly by collecting information and
     documents relevant to investigation with the aim of facilitating the
     prosecution of the persons referred to in the preceding paragraph, and
     exchange such information;
 
     (d)  See to it that international co-operation between the relevant
     agencies is expeditiously carried out;
 
     (e)  Ensure that writs for judicial action are transmitted between
     countries directly and expeditiously to the organs designated by the
     States Parties.  This provision shall not prevent any State Party from
     exercising its right to require that such writs be transmitted to it
     through the diplomatic channel or from Government to Government;
 
     (f)  Provide information on illicit activities within their territories
     that involve narcotic drugs and psychotropic substances, including
     information on the cultivation, production and manufacture of,
     trafficking in and use of such substances;
 
     (g)  Refrain from enacting legislative provisions or taking measures of
     any other kind which might be prejudicial to the international
     obligations which they have assumed with respect to the identification,
     arrest, extradition and punishment of individuals guilty of the crimes
     enumerated in the present Convention.
 
                                  Article 10
                               Penal provisions
 
                                      A
 
     1.   Each of the crimes enumerated in the present Convention, whether
     committed by one individual or by several acting in collusion in
     different countries, shall be considered a distinct offence.
 
     2.   Participation or association in the commission of any such crime,
     conspiracy, instigation or the attempt to commit any such crime, and
     preparatory actions for such crimes, shall be considered offences.
 
     3.   Convictions obtained abroad in respect of such crimes shall be taken
     into account in determining whether the accused is a habitual offender.
 
     4.   Crimes committed by both nationals and aliens shall be tried by the
     State Party in whose territory the crime was committed, or by the State
     Party in whose territory the offender is present if extradition is not
     authorized under the law of the State Party to which a request for
     extradition is made and if the offender has not yet been tried and
     sentenced for one of the crimes enumerated in the present Convention.
 
                                      B
 
     1.   Each of the crimes enumerated in article 3 and part A, paragraph 2,
     of the present article shall be deemed to be included among the
     extraditable offences covered by any extradition treaty which has been or
     may hereafter be concluded between the States Parties.
 
     2.   If a State Party which makes extradition contingent on the existence
     of a treaty receives a request for extradition from another State Party
     with which it has no treaty, it may, should it so choose, consider the
     present Convention as the necessary legal basis for extradition in
     respect of the crimes enumerated in article 3 and in part A, paragraph 2,
     of the present article.  Extradition shall be subject to any other
     conditions laid down by the law of the State Party to which the
     application is made.
 
     3.   States Parties which do not make extradition contingent on the
     existence of a treaty shall recognize the crimes enumerated in article 3
     and in part A, paragraph 2, of the present article as extraditable
     offences as between them, subject to any conditions laid down by the law
     of the State Party to which the application for extradition is made.
 
     4.   The provisions of the present article shall not affect the principle
     that the crimes in question must be prosecuted and punished in accordance
     with the national law of each State Party.
 
                                  Article 11
                   Courts having jurisdiction in such cases
 
     Anyone involved in any of the activities enumerated in the present
Convention may be tried by a competent tribunal in any of the States in whose
territory an act or acts to which the present Convention applies was or were
committed, or by such international criminal tribunal as may have jurisdiction
under the applicable legal rules.
 
                                  Article 12
                               Assistance fund
 
     A fund shall be established to assist developing countries affected by
the illicit traffic in narcotic drugs and psychotropic substances with a view
to combating and overcoming the causes of those phenomena and providing them
with adequate means of combating such illicit activities.  The fund shall be
constituted by contributions from States which are Parties to the present
Convention on the basis of the method of assessment used by the United Nations
and by voluntary contributions.
 
                                  Article 13
                               Governing Board
 
     The fund shall be administered by a Governing Board composed of an equal
number of representatives from each of the States Parties.
 
                                  Article 14
                                   Control
 
     The States Parties agree to entrust the task of overseeing the activities
and obligations set out in the present Convention to the Commission on
Narcotic Drugs and the International Narcotics Control Board of the Economic
and Social Council of the United Nations.
 
                                  Article 15
                            Settlement of disputes
 
     Disputes relating to the interpretation, application or fulfilment of the
present Convention shall be submitted to the International Court of Justice at
the request of one of the States Parties to the dispute.
 
                                  Article 16
                            Signature or accession
 
     The present Convention shall be open for signature or accession by all
countries of the world, whether or not they are Members of the United Nations,
without limitation as to time; it shall be subject to ratification and the
respective instruments shall be deposited with the Secretariat of the United
Nations. 
                                  Article 17
                               Entry into force
 
     The present Convention shall enter into force on the tenth day following
the date on which the twentieth instrument of ratification or accession is
deposited.
                                  Article 18
                                   Duration
 
     The present Convention shall remain in effect for a period of fifty years
following its entry into force.