United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

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 and the 1971 Convention on Psychotropic Substances. The Convention entered into force on November 11, 1990. As of February 2018, there are 190 Parties to the Convention. These include 185 out of 193 United Nations member states (not Equatorial Guinea, Kiribati, Palau, Papua New Guinea, Solomon Islands, Somalia, South Sudan, or Tuvalu) and the Holy See, the European Union, the Cook Islands, Niue, and the State of Palestine. 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 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: Much of the treaty is devoted to fighting organized crime 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. Article 6 of the Convention provides a legal basis for extradition 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 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.