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The Indian Analyst
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Kashmir and Neighbors |
Documents
The United Nations | Documents | Tashkent Declaration The
united Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 19 December 1988 The
Parties to this Convention, Deeply
concerned by the magnitude
of an rising trend in the illicit production of, demand for and traffic
in narcotic drugs and psychotropic substances, which pose a serious
threat to the health and welfare of human beings and adversely affect
the economic, cultural and political foundations of society,…. Recognizing
the links between illicit
traffic and other related organized criminal activities which undermine
the legitimate economies and threaten the stability, security and
sovereignty of States.,… Recognizing
that eradication of illicit
traffic is a collective responsibility of all States and that, to that
end, co-ordinated action within the framework of international
co-operation is necessary. Article
2 Scope
of the Convention 1.
The purpose of this Convention is to promote co-operation among the
Parties so that they may address more effectively the various aspects of
illicit traffic in narcotic drugs any psychotropic substances having an
international dimension… Article
3 Offences
and Sanctions |
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1.Each
Party shall adopt such measures as may be necessary to establish as
criminal offences under its domestic law, when committed intentionally: (a)(i)
The
production, manufacture, extraction, preparation, offering for sale,
distribution, sale, delivery on any terms whatsoever, brokerage,
dispatch, dispatch in transit, transport, importation or exportation of
any narcotic drug or any psychotropic substance…; (ii)
The
cultivation of opium poppy, coca bash or cannabis plat for…; (iii)
The
possession or purchase of any narcotic drug or psychotropic
substance…; 2.Subject
to its constitutional principles and the basic concepts of its legal
system, each Party shall adopt such measures as may be necessary to
establish as a criminal offence under its domestic law, when committed
intentionally, the possession, purchase or cultivation of narcotic drugs
or psychotropic substances for personal consumption… Article
6 Extradition 2…The
Parties undertake to include such offences as extraditable offences in
every extradition treaty to be concluded between them… Article
7 Mutual
Legal Assistance 1.
The Parties shall afford one another, pursuant to this article, the
widest measure of mutual legal assistance in investigations,
prosecutions and judicial proceedings… Article
10 International
Co-operation and Assistance for Transit States 1.The
Parties shall-cooperate, directly or through competent international or
regional organizations, to assist and support transit States and, in
particular, developing countries in need of such assistance and support,
to the extent possible, through programmes of technical co-operation on
interdiction and other related activities… Article
12 Substances
Frequently Used in the Illicit Manufacture of Narcotic Drugs or
Psychotropic Substances 5.The
Commission, taking into account the comments submitted by the Parties
and the comments and recommendations of the Board, whose assessment
shall be determinative as to scientific matters, and also taking into
due consideration any other relevant factors, may decide by a two-thirds
majority of its members to place a substance in Table I or II… Article
14 Measures
to Eradicate Illicit Cultivation of Narcotic Plants and to Eliminate
Illicit Demand for Narcotic Drugs and Psychotropic Substances 2.Each
Party shall take appropriate measures to prevent illicit cultivation of
and to eradicate plants containing narcotic or psychotropic substances,
such as opium poppy, coca bush and cannabis plants, cultivated illicitly
in its territory… Article
17 Illicit
Traffic by Sea 1.The
Parties shall co-operate to the fullest extent possible to suppress
illicit traffic by sea, in conformity with the international law of the
sea… |
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Article
20 Information
to be Furnished by the Parties 1.The
Parties shall furnish, through the Secretary-General, information to the
Commission on the working of this Convention in their territories… Article
21 Functions
of the Commission The
Commission is authorized to consider all matters pertaining to the aims
of this Convention… Article
23 Reports
of the Board 1.The
Board shall prepare an annual report on its work… International Convention against the Recruitment, Use, Financing and Training of Mercenaries, 4
December 1989 The General Assembly, Considering
that the progressive
development of international law and its codification contribute to the
implementation of the purposes and principles set forth in Articles 1
and 2 of the Charter of the United Nations. Adopts
and opens for signature and
ratification or for accession the International Convention against the
Recruitment, Use, Financing and Training of Mercenaries, the text of
which is annexed to the present resolution… Affirming
that the recruitment, use,
financing and training of mercenaries should be considered as offences
of grave concern to all States and that any person committing any of
these offences should be either prosecuted or extradited, Expressing
concern at new unlawful
international activities linking drug traffickers and mercenaries in the
perpetration of violent actions which undermine the constitutional order
of States.. Have
agreed as follows. Article
1 For
the purpose of the present Convention, (a)
Is specially recruited locally or abroad in order to fight in an
armed conflict; (b)
Is motivated to take part in the hostilities essentially by the
desire for private gain and, in fact, is promised, b or on behalf of a
party to the conflict, material compensation substantially in excess of
that promised or paid to combatants of similar rank and functions in the
armed forces of that party; (c)
Is neither a national of a party to the conflict nor a resident
of territory controlled by a party to the conflict; (d)
Is not a member of the armed forces of a party to the conflict;
and (e)
Has not been sent by a State which is not a party to the conflict
on official duty as a member of its armed forces… Article
5 1.States
Parties shall not recruit, use, finance or train mercenaries and shall
prohibit such activities in accordance with the provisions of the
present Convention… 3.They
shall make the offences set forth in the present Convention publishable
by appropriate penalties which take into account the gave nature of
those offences. Article
6 States
Parties shall co-operate in the prevention of the offences set forth in
the present Convention, particular by: (a)Taking
all practicable measures to prevent preparations in their respective
territories for the commission of those offences within or outside their
respective territories, including the prohibition of illegal activities
of persons, groups and organizations that encourage, instigate, organize
or engage in the perpetration of such offences;… Article
8 Any
State Party having reason to believe that one of the offences set forth
in the present Convention has been, is being or will be committed shall,
in accordance with its national law, communicate the relevant
information, as soon as it comes to its knowledge, directly or through
the Secretary-General of the United Nations, to the States Parties
affected… Article
10 1.Upon
being satisfied that the circumstances so warrant, any State Party in
whose territory the alleged offender is present shall, in accordance
with its laws, take him into custody or take such other measures to
ensure his presence for such time as is necessary to enable any criminal
or extradition proceedings to be instituted… Article
12 The
State Party in whose territory the alleged offender is found shall, if
it does not extradite him, be obliged, without exception whatsoever and
whether or not the offence was committed in its territory, to submit the
case to its competent authorities for the purpose of prosecution,
through proceedings in accordance with the laws of that State… The United Nations Security Council Resolution 1269 (1999) related to all acts of terrorism, 19 October 1999 The Security Council, Deeply concerned by the increase in acts of international terrorism which endangers the lives and well-being of individuals worldwide as well as the peace and security of all States, Condemning all acts of terrorism, irrespective of motive, wherever and by whomever committed, Mindful of all relevant resolutions of the General Assembly, including resolution 49/60 of 9 December 1994, by which it adopted the Declaration on Measures to Eliminate International Terrorism,…. 1. Unequivocally condemns all acts, methods and practices of terrorism as criminal and unjustifiable, regardless of their motivation, in all their forms and manifestations, wherever and by whomever committed, in particular those which could threaten international peace and security; 2.Calls upon all States to implement fully the international anti-terrorist conventions to which they are parties,…; 4.Calls upon all States to take, inter alia, in the context of such cooperation and coordination, appropriate steps to: -cooperative with each other…to prevent and suppress terrorist acts..; -prevent and suppress in their territories through all lawful means the preparation and financing of any acts of terrorism; -deny those who plan, finance or commit terrorist acts safe havens by ensuring their apprehension and prosecution or extradition; -take appropriate measures…before granting refugee status, for the purpose of ensuring that the asylum-seeker has not participated in terrorist acts; -exchange information…to prevent the commission of terrorist acts; 5.Reqests the Secretary-General, in his reports to the General Assembly…to pay special attention to the need to prevent and fight the threat to international peace and security as a result of terrorist activities;… 7.Decides to remain seized of this matter. |
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