 |
| Throughout known history, human society has used substances to alter moods and alleviate physical and mental suffering. These substances, although proving indispensable for the policy of pain and suffering, also proved to be addictive and destructive when misused or abused. As a result, early society made rules which allocate the use of these substances for medicinal or religious purposes and entrusted them to priests, leaders and doctors. |
by Dr. Ruwantissa Abeyratne
(May 02, Ontario, Sri Lanka Guardian) Narco terrorism involves attacks of terror carried out by narcotics traffickers against governments with a view to influencing their policies. As in any other form of terrorism, these attacks are carried out through violence and intimidation, and are calculated to hinder the enforcement of the law and the administration of justice by the sustained and systematic threat or use of such violence. The Oxford English Dictionary has the overarching definition of Narco-terrorism as Terrorism associated with the trade in illicit drugs. Criminals who perpetrate offences in dealing in drugs and associated crimes often copy methods from political assailants to influence the politics of a country by causing terror and obstructing justice. The problem is further compounded by the fact that, in the modern world of terrorist warfare and civil war, terrorist organizations have taken to the illegal drug trade as a source of income funding their ideology driven organizations.
The need for an international drug control system was first felt in 1909 when representatives of 13 States met in Shanghai to discuss the proliferation of instances relating to the transportation of narcotics for non-medical consumption. Furthermore, the conference was considered necessary, as by the end of the 19th Century, opium smoking had become rampant in China, affecting a third of the adult male population. As early as 1729, Emperor Yong Cheng forbade opium smoking in China, which resulted in a decrease in trafficking. However, this attempt was to little avail, as opium was being smuggled at that time to China through India by the Portuguese and later by the English. The amount of opium that had been smuggled into China had increased from 13 metric tons in 1729 to 64 metric tons in 1767. During the decade 1820-1830 the quantity of drugs brought into China had taken an upward turn to 2500 metric tons. As a result, China had 20 million opium smokers in 1838. By 1773 the East India Company of England had established a monopoly in the drug trade, thus inaugurating the first recorded enterprise involved in legal drug trafficking on a large scale.
Illegal returns from the illicit trade in drugs is phenomenal. One estimate claims the FARC airobia of Colombia has a net profit from drug related crime (including the “taxation” and “protection” of the illegal cocaine trade) of at least 300 million USD every year. The United Nation has estimated that the annual total income from the drug trade for movements such as al‐Qaeda is 2.4 billion US dollars. It is also claimed that 12 of the 28 organizations, listed as terrorist organizations by the U.S. State Department, are involved in the illegal drug trade, ranging from Sendero Luminoso of Peru to the now extinct Tamil Tigers of Sri Lanka.
The trafficking and illicit use of drugs has been a serious problem globally over the years, affecting peoples’ lives and the aviation industry has not escaped the scourge. The illegal carriage by air of narcotics and other psychotropic substances and its various corollaries of violence or Narco-terrorism as it is popularly known, has shown that the activity can cause various other forms of unlawful interference with civil aviation such as the unlawful seizure of aircraft and the causing of damage to persons and property related to international civil aviation. Furthermore, in addition to the disturbing problem of drug use by air crews, the threat of drug trafficking has already had a tremendous adverse impact on aviation and the financial community which supports it Narco-terrorism is considered an offence on two grounds: the fact that the illicit trafficking of drugs is an offence against public health; and the illicit carriage by air of these substances threatens to sabotage the legitimate carriage by air of passengers and freight. Narco-terrorism involves two facets: the transportation of drugs and narcotics by aircraft and across national boundaries by air; and the act of loading and unloading them at aerodromes and airports. The two acts are claimed to be integrally linked to one another in that the essential elements of the unlawful act, i.e. “transport by air” and “trafficking” are inseparable.
In its resolution 40/122 dated 13 December 1985, related to the International Conference on Drug Abuse and Illicit Trafficking, the United Nations General Assembly expressed its grave concern and that of nations of the world regarding the awesome and vicious effects of drug abuse and illicit trafficking, which threaten the stability of nations and the well-being of mankind and which therefore constitute a grave threat to the security and development of many countries, focused on the dangers posed for producer, consumer and transit countries alike by the illegal cultivation, production and manufacture of and demand for drugs and by their illicit traffic.
Further, the Assembly called upon all States that have not already done so to become parties to the Single Convention of Narcotic Drugs of 1961 and the 1972 Protocol Amending the Single Convention on Narcotic Drugs of 1961 and to the Convention on Psychotropic Substances of 1971, and, in the meantime, to make serious efforts to comply with the provisions of these instruments. The General Assembly also took the step of addressing strategy and policies for drug control in its Resolution 40/129. The Assembly recalled in limine its resolution 32/124 of 16 December 1977, in which it requested the Commission on Narcotic Drugs to study the possibility of launching a meaningful programme of international drug abuse control strategy and policies.
At its 43rd Plenary Meeting, in November 1989, the United Nations summoned a special session of the General Assembly to consider the question of international co-operation against illicit production, supply, demand, trafficking and distribution of narcotic drugs, with a view to expanding the scope and increasing the effectiveness of such co-operation. At this session, the General Assembly reiterated its concern about the serious problem of the illicit production, supply, demand, trafficking and distribution of narcotic drugs and about the devastating effect of drug abuse on individuals and society.
On 19 December 1988 the United Nations adopted its Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The Convention brought to bear the deep concern of the United Nations regarding the magnitude of and 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. Concern was also raised at the steadily increasing inroads into various social groups made by illicit traffic in narcotic drugs and psychotropic substances, and particularly by the fact that children are used in many parts of the world as an illicit drug consumers market and for purposes of illicit production, distribution and trade in narcotic drugs and psychotropic substances, which entails a danger of incalculable gravity.
The Convention recognized 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 and that illicit traffic is an international criminal activity, the suppression of which demands urgent attention and the highest priority.
Throughout known history, human society has used substances to alter moods and alleviate physical and mental suffering. These substances, although proving indispensable for the policy of pain and suffering, also proved to be addictive and destructive when misused or abused. As a result, early society made rules which allocate the use of these substances for medicinal or religious purposes and entrusted them to priests, leaders and doctors.
The abuse of drugs has been proliferating as a corrosion of social intercourse from the mid-nineteenth century due to the increased availability of products, the expansion of connections, the necessities brought about by changing socio-economic factors, rapid urbanization and changes in attitudes and values. These factors have contributed to a rapid increase in criminality in human society, leading to the exploitation of human society by insidious criminal elements.
As a response to this problem, global control mechanisms have been introduced by the international community - one of which is a regulatory system for the control of illicit transport of narcotic drugs by air. Not only does illicit transportation of narcotics by air per se constitute an offence, but it also leads to other criminal acts related to terrorism such as the destruction of airports by those involved in the carriage of narcotic drugs by air, destruction of property and aircraft resulting from attempts to transport narcotic drugs and the threats posed to traffic installations.
Drug trafficking across borders is a serious problem worldwide and aviation is a common medium used in this regard. It is even more worrying s as various criminal activities, such as sabotage of aircraft, hijacking and other forms of terrorism could be corollaries to the main offence. At its Twenty Seventh Session, held in September/October 1989, the Assembly of the International Civil Aviation Organization (ICAO) adopted Resolution A 27-12 which recognised the enormity of drug abuse and illicit trafficking in drugs and psychotropic substances and urged the ICAO Council to give the highest priority to adopt concrete measures in order to prevent and to eliminate possible use of illicit drugs by crew members, air traffic controllers and other staff of international civil aviation. The Resolution also urged the Council to continue its work in order to prevent illicit transport of narcotic drugs and psychotropic substances. With stronger reason, , the Assembly called upon Contracting States to continue their efforts to prevent the illicit trafficking of drugs by air, to take appropriate legislative measures to ensure that the crime of illicit transport of narcotic drugs and other psychotropic substances by air is punishable by severe penalties. Contracting States are also urged by this Resolution to become parties, as soon as possible to the United Nations Convention of 1988.
In addition to the concerted efforts of both the United Nations and ICAO certain measures may be taken to address the problem from an administrative perspective, to limit and control production and distribution of drugs. These measures could be coordinated under the broad umbrella of the United Nations through the International Criminal Police Organization (ICPO, Interpol) and the World Customs Organization (WCO). States have a lead role to play in the introduction and implementation of Counterterrorist measures which are directly aimed at disbanding terrorist organizations. They could also enact effective legislation against money laundering which could, through national financing oversight mechanisms track and freeze payments and , assets of drug dealers etc. This rests mainly with national financial oversight authorities. Domestically, States could introduce drug rehabilitation programmes and provide adequate counselling and treatment to drug abusers. Above all, a stringent police presence would be needed to arrest street crimes that are drug related and drug deals on the streets.
Post a Comment