Drug abuse: Tendencies and ways to overcome it
Категория реферата: Топики по английскому языку
Теги реферата: урок реферат, сочинение
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Upon getting the information that the target set by the Convention is
endangered in any country due to its failure to abide by the Convention's
decisions, the Committee has the right to ask for an explanation and also
to recommend adjustment measures. If a particular government fails to
provide a satisfactory explanation or to accept the adjustment measures
proposed by the Committee, the problem can be brought to the attention of
the involved parties, of the Council or the Commission. The involved party
may be recommended to stop the importation or exportation of narcotics to
given countries or territories for a specific period of time until the
Committee recognizes that the situation in that country has become
satisfactory.
The Committee is endowed with the right to impose restrictions, under certain conditions, on the manufacture and import of drugs.
Since a large volume of information is available at the Committee it is
able to prepare reports, publish them and forward them to the Council to be
sent to the parties concerned. In these reports the Committee can touch
upon any issues connected with drugs and inform its readers about newly
passed decisions. For example, in its report of 1989 (Vienna) the Committee
called on the governments of all countries to strictly observe the
Convention's provisions, to submit statistical accounts about the available
quantities of narcotics and trade in them, among other related data.
To avoid alternative versions and form a single understanding, the
Uniform Convention establishes identical definitions of special terminology
related to drugs.
Drug-related Terminology as Established by the Uniform Convention:
For example, according to the Convention a "narcotic substance" is any
of the substances included in List I and List II regardless of whether it
is synthetic or natural. Lists I, II, III, and IV are enumerations of
narcotics or drug-bearing preparations and are supplements to the
Convention in which possible changes may be made from time to time in
accordance with the procedures established by the Convention.
Definitions are also given for cannabis and its plant and resin, cocaine shrub, coca leaves, opium, opium poppy and poppy straw.
Significantly, the international understanding of the word
"cultivation" pertaining to drugs covers only the cultivation of opium
poppy, cocaine brush or the cannabis plant. It should be mentioned at this
point that the 1988 UN Convention defines this term differently. But this
will be discussed below.
The term "illegal trafficking" means the cultivation of or any action
relating to the sale of narcotics in violation of the Convention's
decisions. The term "importation" and "exportation" mean the physical
shipment of narcotics crossing the boundaries of one country to another or
from one territory to another within one and the same country. The term
"territory" means any part of a country defined as a separate unit for the
purpose of applications of the system of drug importation certificates and
drug exportation permits to it.
The term "manufacture" implies (with the exception of production) all the processes that pertain to obtaining narcotic substances, including refining or turning one narcotic into another.
The term "production" means the separation of opium, coca, cannabis leaves and cannabis resin from the plants, which they are obtained from.
The term "preparation" means a hard or liquid mixture containing a narcotic substance.
The term "storage stocks" is used in relation to the amount of narcotics which are available in a particular country or on its territory and meant to be used for medical or scientific purposes, for exportation or for the needs of various pharmacists, authorized traders and specialists or institutions where medical or scientific research is carried out.
Included in this term is also the notion "special storage stocks" which is used to describe the amount of narcotics available within a country or a territory of that country and put at the disposal of its government to be used for special purposes or in case of an emergency.
The Uniform Convention introduces a number of specific restrictions and
bans and a special procedure for the cultivation of drug-bearing plants.
The most important restrictions are those concerning the cultivation of
opium poppy, cocaine shrub or cannabis plant.
Special provisions are envisaged in the first place in relation to opium. Government-run institutions (one or several) should be set up to deal with the cultivation of opium poppy and with opium production. They should have the right to determine areas and sizes of fields, and issue licenses and permits for land plots where a certain amount of opium poppy can be grown and a certain amount of opium-produced. These government-run institutions should be endowed with the exclusive right to buy opium poppy crops from farmers and to import, export, conclude wholesale trade deals and maintain storage opium stocks (with the exception of medicinal opium and preparations from it.)
The responsibilities of persons are outlined who have permits
(licenses) to grow drug-bearing plants, to turn over crops of opium poppy
only to the institution which they had received their permits from. Any
departures from the established procedures are qualified as violations of
the law. The Convention permits narcotics to be made only at government-run
enterprises or in accordance with licenses issued to persons with necessary
qualifications.
The Convention introduces uniform rules for storing narcotics to ensure that the substances are maintained in proper condition. It envisages the responsibility of member-states for taking precautionary measures to prevent the inappropriate use of narcotics or the possibility for them to become part of illegal trafficking in cases when, for example, they are kept in airliners' first aid compartments.
Narcotics can be stored only legally. Their producers are not allowed to keep them in quantity exceeding the established norms. A compulsory registration system is established under which the quantity of each prepared, acquired or used drug should be recorded. Drugs can be stored for no more than 2 years.
The signatories of the Convention are obliged to take specially stipulated measures to combat illegal drug trafficking. The Convention therefore grants the contracting parties the right to control the work of persons and enterprises engaged, on a legal basis, in the cultivation, manufacture, storage and use of narcotics and of those engaged in the drugs' exportation, importation, distribution and trade.
The participating countries, besides, have the following duties: to take steps at home towards coordinating preventive and repressive measures against illegal drug trafficking; to help each other in carrying out campaigns against illegal drug trafficking; to closely cooperate with competent international bodies in carrying out coordinated actions for the purpose of combating narcotics and also to ensure an effective international cooperation and a quick transfer of legal documents for launching prosecution.
Punishability of Drug-related crimes:
The Uniform Convention institutes the punishment for drug-related crimes and obliges member-countries to take specific actions when crimes that are recognized as punishable by the Convention are committed intentionally. Serious crimes should be punished by imprisonment or some other form of deprivation of freedom. Intentional crimes which are punishable include: the cultivation and production, manufacture, extraction, preparation, storage, offer, offer with commercial intentions, distribution, purchase, sale, delivery on any conditions, drug-pushing, dispatch, transit re-dispatch, shipping, and importation and exportation of narcotics. Each of these crimes, if committed in more than one country, must be considered as a separate crime. Intentional complicity in any of these crimes, participation in a community with the aim to commit or attempt to commit a crime, preparatory actions or financial operations related to the above cited crimes must also be recognized as punishable actions. Sentences passed by foreign courts for such crimes must be taken into account when considering recidivism.
The Convention recommends that any extradition treaty should make these crimes subject to extradition.
Yet while instituting punishment for a long list of drug-related crimes the Uniform Convention also includes a special decision on treating drug addicts. It calls on the member-states to create conditions conducive to providing them with rehabilitation and restoring their ability to work. If economic opportunities are available in the country, appropriate conditions should be created providing preventive treatment to drug addicts.
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