INTERNATIONAL SEMINAR : FOR A REVISION OF THE UNITED NATIONS CONVENTIONS ON DRUGS<br><br>ROME 27 - 28 MAY 1994<br><br>DRAFT PARLIAMENTARY MOTION


Considering that the current prohibitionist regime applied to drugs has not only been unable to check the spread of drug-taking, but has also transformed clandestine drug-trafficking into the most profitable business on the planet with an annual volume of trade in the order of five hundred billion dollars, according to UN estimates;

- finding that the power wielded by criminal organizations undermines the foundations of legal institutions and threatens the rule of law., particularly in producer countries in which a parallel system of territorial control flourishes;.

- considering that it is now widely acknowledged that having generated the above effects the "war against drugs, declared thirty years ago with the introduction of the prohibitionist regime, has been well and truly lost;

- considering that presuming to prohibit "drugs" from countries in the South of the World but not "drugs" (alcohol and tobacco) from the North of the World, is one of the major contradictions of the prohibitionist regime;

- finding that drugs circulate freely in our society despite prohibitionism;

- finding that governments, and regional and local institutions, are devising alternatives to a repressive strategy; and that the Constitutional Courts in various countries are opting with increasing frequency for the depenalization or legalization of drug use;

- finding that measures such as "harm reduction", that correspond to irremissible requirements of justice and public health, are not a sufficient means for making any real headway in the battle against drug-trafficking and organized crime, as they do not undermine the illegal drug market;;

- finding that national laws actually adopt the provisions made by the three UN Conventions: the Single Convention on Narcotic Drugs of 1961; the Convention on Psychotropic Substances of 1971, and the Vienna Convention on Illicit Traffick of 1988;

- considering that in order to modify the prohibitionist regime presently in force throughout the world it is necessary to take action resulting in the presentation by one or more governments of instruments of denunciation or amendment of the above-mentioned Conventions, according to the procedures laid down by these Conventions, also with the aim of having an international conference called on the matter;

- considering that while the purely repressive nature of the 1988 Convention leaves no room for improvement, the 1961 Convention - and consequently that of 1971 - can be amended in such a way as to extend the exclusively medical and scientific uses to "other" uses with regard to the manufacture, export, import, distribution, trade, use and possession of legally controlled drugs, while at the same time continuing to prohibit the use of certain particularly dangerous substances.


Engages the government

1) To denounce the Vienna Convention on Illicit Traffick of 1988, in accordance with Article 30 of said Convention;

2) To present amendments to the Single Convention on Narcotic Drugs of 1961 - in accordance with Article 47 of said Convention - that will result in the calling of a Conference of the Contracting Parties regarding said amendments:

>>>>Amendment No. 1

Modify the Preamble as follows:

"The Parties

Concerned with the issues of public health and social peace,

Recognizing that the use of these substances for medical or scientific purposes is indispensable for the relief of pain and that it should not be subject to any unjustified restrictions,

Recognizing that their use is legitimate if it corresponds to customary habits or is expression of individual freedom as recognized by the Universal Conventions on human rights, subject to the condition that it does not cause harm to others,

Determined to prevent and combat the abuse of these substances and illicit traffic which it engenders,

Deeply concerned by the magnitude of and the rising trend in the illicit production of, demand for and traffic in narcotic drugs, which adversely affect the economic, cultural and legal foundations of society,

Deeply concerned also by the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and in particular amongst the young exploited by drug traffickers,

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,

Aware that illicit traffic generates significant financial profits enabling criminal organizations to pentrate and corrupt the structures of government and legitimate commercial and financial business,

Understanding that effective measures against abuse of narcotic drugs require coordinated and universal action,

Acknowledging the competence of the United Nations in the field of narcotics control and desirous that the international organs concerned exercise their activities within the framework of that Organization,

Desiring to conclude a generally acceptable international Convention replacing all existing treaties, limiting such drugs to medical and scientific or other uses, whilst ensuring protection against abuse of society and third parties,

Finally desiring to combat illicit traffic effectively by a system of legalized control in which the health and social risk of the controlled substances is taken into account and the various cultural, economic and legal aspects of the problem,

Hereby agree as follows:"

>>>>Amendment No. 2

After paragraph 1.1.y, add a new paragraph 1.1.z as follows:
"the term "and other legitimate purposes" indicates the uses that correspond to a customary habit or is expression of individual freedom subject to the condition that it does not cause harm to others".

>>>>Amendment No. 3

Modify Article 3(iii) as follows:

"If the World Health Organization finds that a substance in Schedule I is capable of being used for medical or scientific purposes, the Commission, on the recommendation of the WHO, can include the substance in
Schedule II."

>>>>Amendment No. 4

Add the words "and other legitimate purposess" to:

Article 4(c) after the words "medical, scientific"
and before "purposes"
Article 9(4) after the words "medical, scientific"
and before "purposes"
Article 12(5) after the words "medical, scientific"
and before "purposes"
Article 19(1) after the words "medical, scientific"
and before "purposes"
Article 21(1) after the words "medical, scientific"
and before "purposes"

>>>>Amendment No.5

Delete paragraph 2 of Article 14 and Article 22 in its entirety.

>>>>Amendment No.6

Insert the following phrase in Article 30(b):

"This requirement need not apply to such drugs as individuals may lawfully obtain, use, dispense or administer"

>>>>Amendment No. 7

Modify Article 33 as follows:

"l. The Parties shall not permit the possession or use of drugs included in Schedule IV except under legal authority.

2. The Parties may prohibit the use of drugs in certain circumstances, but only where such use degenerates into abuse which is harmful to society or dangerous for third parties."


3) To present similar amendments, mutatis mutandis, to the Convention on Psychotropic Substances of 1971.