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The
high-level representatives of the member states of the Organization of
American States, responsible for the control of illicit drug trafficking
and abuse, meeting in Ixtapa, Mexico, April 17-20, l990, at the Meeting of
Ministers on the Illicit Use and Production of Narcotic Drugs and
Psychotropic Substances and Traffic Therein--Alliance of the Americas
Against Drug Traffic;
Based on the principles, rights and duties of the states embodied in the
Charter of the OAS, and on the principles, goals and general objectives of
the Program of Action of Rio de Janeiro Against the Illicit Use and
Production of Narcotic Drugs and Psychotropic Substances and Traffic
Therein (Program of Action of Rio de Janeiro), and on the solidarity in
the fight against drug trafficking, proclaimed in the Declaration of
Guatemala "Alliance of the Americas against Drug Trafficking";
Based on the resolutions adopted by the General Assembly of the
Organization that emphasize the urgent need to safeguard their peoples,
their democratic institutions and their economies from the dangers of drug
trafficking;
Inspired by the Declaration and the agreements recently signed in
Cartagena de Indias by Bolivia, Colombia, Peru and the United States, by
the Political Declaration and Global Programme of Action adopted by the
United Nations General Assembly at its Seventeenth Special Session, and by
the Declaration of the World Ministerial Summit held in London in April
1990;
Deeply concerned by the increase in the Americas of the illicit demand for
and cultivation, production, supply, transit, distribution and use of
narcotic drugs and psychotropic substances, as well as of substances
frequently used in their manufacture, and the laundering of money derived
from these illegal operations--activities that breed corruption and
violence increasingly tied to clandestine arms trafficking, terrorism and
subversion and that constitute a grave and persistent threat to the fabric
of society, to the political stability of countries, to the growth and
consolidation of democracy, to the rule of law, to balanced socioeconomic
development, to the environment, to public health and to the welfare of
their peoples, especially the younger generations;
Noting that the large financial profits and wealth derived from illicit
drug trafficking and related criminal activities enable transnational
criminal organizations to penetrate, contaminate and corrupt the
structures of governments, legitimate
commercial activities and society at all levels, thereby compromising
economic and social development, distorting the process of law and
undermining the foundation of states;
Recognizing that a growing number of member states are affected by drug
trafficking, which forces them to divert resources away from pressing
national needs;
Condemning once again the crime of illicit drug trafficking, which
transcends the borders of member states, and convinced that its
elimination demands a common front involving uninterrupted, priority
activities as part of each government's respective programs, based on the
principles of international solidarity and collective responsibility, with
absolute respect for the sovereignty of each state and in accordance with
its own situation;
Recognizing the links between the illicit demand for and cultivation,
production, supply and distribution of narcotic drugs and psychotropic
substances and traffic therein, and the economic, social and cultural
conditions in the countries thus affected;
Emphasizing the imperative need for an objective and in-depth knowledge of
the factors that lead to, cause or foster drug trafficking, and
underscoring the fact that to be more effective, this battle must be waged
on all fronts; and
Supporting fully the Inter-American Drug Abuse Control Commission (CICAD)
in its efforts to put into effect the measures in the Program of Action of
Rio de Janeiro to promote cooperation and coordination between the member
states and with the pertinent organs of the United Nations, for the
purpose of promoting an ever more effective response to the scourge of
drugs in the Americas,
RESOLVE:
1. To condemn once again illicit drug trafficking in all its forms and to
recognize that it is a criminal activity that affects all mankind.
2. To assign top priority, based on the principle of collective
responsibility, to the fight against drug trafficking and to redouble
national and international efforts in this field in strict accordance with
the principles of the Charter of the Organization, in particular national
sovereignty, territorial integrity and noninter- vention.
3. To support the agreements contained in the Declaration of Cartagena and
in the Political Declaration and Global Programme of Action of the
aforementioned Seven teenth Special Session of the United Nations General
Assembly, and particularly recognize the close linkage that exists between
the global struggle to eliminate the illicit consumption and production of
narcotic drugs and psychotropic substances and traffic therein, and the
capacity of our nations to address this situation, which forces the
diversion of scarce resources and thereby affects urgent development
needs, making international coordination and cooperation a priority.
4. To reiterate their decision to broaden and increase the scope of
inter-American cooperation and coordination through CICAD.
THE HIGH-LEVEL REPRESENTATIVES FURTHER AGREE TO ADOPT THE
FOLLOWING PROGRAM OF ACTION:
1. To promote in their respective countries the actions necessary
to ratify or accede to, as the case may be, the United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
signed in Vienna, December 20, 1988, so that it may enter into force in
1990.
2. To approve the actions taken by CICAD to facilitate the
harmonious application by the member states of the provisions of the afore
mentioned Convention, in order to effect its full implementation in the
Americas through the broadest possible intergovernmental cooperation.
3. To recommend to the General Assembly that it instruct CICAD to
identify, in consultation with the Inter-American Juridical Committee,
areas in which the member states might consider more strict or severe
regional measures than those provided by the 1988 Vienna Convention, in
accordance with Article 24 of that Convention, to prevent or suppress
illicit traffic in narcotic drugs and psychotropic substances.
4. To recommend that national laws and the means and instruments to
enforce them be updated or modernized so as to establish stricter, surer,
more expeditious and more effective penalties and means to combat drug
trafficking.
5. To urge the member states to monitor more effectively the
production and marketing of precursors and chemical substances that are
used for the illicit manufacture of narcotics drugs and psychotropic
substances. To that end, it is necessary to develop and upgrade systems
for controlling and monitoring those chemicals; to improve intelligence
activities concerned with the procurement, transit routes, storage, and
use of such products; to establish controls at critical points to prevent
the illegal diversion of those chemicals, machines, and materials; to
exchange timely information on the movements of those chemicals; and to
classify as a crime the unmonitored marketing of those chemicals.
Moreover, to recommend to the member states that they promptly adopt the
Model Regulations to Control Chemical Precursors and Chemical Substances,
Machines and Materials, prepared by the Group of Experts convened by
CICAD; to recommend to the General Assembly that it forward these
Regulations to the United Nations Commission on Narcotic Drugs for
consideration and possible adoption of bilateral and multilateral
agreements to achieve greater control of precursors and chemical
substances.
6. To emphasize the need for legislation that defines as a crime
all activities related to the laundering of property and proceeds related
to illicit drug trafficking and which makes it possible to identify,
trace, seize and forfeit such property and proceeds.
To recommend to the member states that they encourage banks and financial
institutions to cooperate with the competent authorities to prevent the
laundering of property and proceeds related to illicit drug trafficking
and to facilitate the identifica tion, tracing, seizure and forfeiture of
such property and proceeds.
To recommend to the member states that, within the framework of their
respective legal systems, they consider developing mechanisms and
procedures for bilateral and multilateral cooperation to prevent the
laundering of property and proceeds related to illicit drug trafficking
and to facilitate the identification, tracing, seizure and forfeiture of
such property and proceeds.
To recommend to the General Assembly that it direct CICAD to convene an
inter-American group of experts to draft model regulations in conformity
with the UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988, to:
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criminalize
the laundering of property and proceeds related to illicit drug traf
ficking;
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prevent
the use of financial systems for the laundering, conversion or
transfer of property and proceeds related to illicit drug trafficking;
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enable
authorities to identify, trace, seize and forfeit property and
proceeds related to illicit drug trafficking;
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change
legal and regulatory systems to ensure that bank secrecy laws do not
impede effective law enforcement and mutual legal assistance; and,
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study
the feasibility of reporting large currency transactions to national
govern ments and permit the sharing between governments of such
information.
To
recommend to the General Assembly that it forward the model regulations to
the United Nations General Assembly for consideration by its Expert Group
on Money Laun dering created under United Nations General Assembly
Resolution No. 44/142.
7. To recommend to the General Assembly that CICAD organize, to the
extent its resources allow, other groups of experts on the most important
topics in connection with the application of the aforementioned United
Nations Convention and the priority problems that follow from the
inter-American fight against drugs, including the impact of cultivation
and production, and of the means used for the eradication of such crops
and destruction of illicit narcotic substances on the environment.
8. To reiterate the importance of adopting and implementing
measures to reduce and eliminate demand as an essential condition for
combatting the drug problem and to support the actions taken by the
Inter-American Drug Abuse Control Commission and the Inter-American
Council for Education, Science and Culture in the development of the
Inter-American Program of Education for Prevention, including:
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the
Inter-American Meeting to be held in Quito, May 28-June 1, 1990, which
should establish the foundations for this Program;
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the
preparation and implementation of a comprehensive, systematic and
ongoing drug abuse prevention plan, coordinated with the formal
education system as well as nonformal education, which includes the
enactment of laws to make its implementation possible. The purpose of
that plan is to promote community participation and to bring about an
awareness of the problem, based on the commitment and joint
responsibility of all sectors of society;
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public
information activities to disseminate data on the political, economic
and social impact of drug trafficking and the human, legal and moral
effects of drug abuse, seeking media support for this purpose;
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studies,
in collaboration with the Pan-American health Organization, on
epidemiology of drugs and different low-cost systems for the treatment
and rehabilitation of the drug dependent.
9.
To recommend to the General Assembly of the Organization that it request
CICAD to continue its work with member states, the Division of Narcotic
Drugs of the United Nations, UNFDAC, INTERPOL, the Customs Co-operation
Council and other international and regional bodies to design and
implement a strategy and program to improve the training of officials
responsible for combatting drugs in the region.
10. To adopt in their respective countries the measures needed to
perfect those countries' intelligence systems on drug traffickers,
particularly as to their methods and routes, and when appropriate, to
share this intelligence with the other member states through the most
suitable bilateral and multilateral channels.
11. To urge the governments that, while respecting the sovereignty
and territorial integrity of states, they reinforce cooperation, conduct
adequate border controls and institute more effective measures to prevent
the activities of drug traffickers in border areas, in keeping with their
respective legal systems.
12. To recommend to all the states that they review, as soon as
possible, their national laws and other administrative procedures, so as
to be able to ensure effective control of the production, purchase, sale
and distribution of arms and explosives, and in so doing, to develop
actions aimed at preventing them from being diverted toward illicit
activities. CICAD is asked to prepare a study on the present situation as
regards the smuggling of arms and explosives in the hemisphere and its
repercussions on and ties to drug trafficking, for which the member states
are encouraged to cooperate by furnishing the relevant information.
13. To recommend to the General Assembly that CICAD, to the extent
that its resources permit, cooperate with the member states that so
request in the analysis and development of judicial procedures to
facilitate legal action against drug traffickers in their respective
jurisdictions.
14. To recommend to the General Assembly that CICAD, in
consultation with the Inter-American Institute for Cooperation on
Agriculture (IICA), the Inter-American Development Bank (IDB), the Andean
Pact, the Inter-American Economic and Social Council, and other
institutions, convene a group of experts to (a) evaluate experience with
programs for the eradication of illicit crops and income substitution for
growers; and (b) propose to the member states appropriate strategies to
eliminate illicit production, to prevent its spread to other areas of the
region, and to expand trade and investment opportunities within the
context of a vigorous anti-drug program and sound economic policy.
15. To support the agreements of the Cartagena Summit contained in
the Political Declaration and the Global Programme of Action of the
Seventeenth Special Session of the United Nations General Assembly and the
World Ministerial Summit to Reduce Demand for Drugs and to Combat the
Cocaine Threat, held this year, which refer, inter alia, to policies for
the eradication of illicit coca crops, substitution of those crops, and
programs for alternative development. These policies emphasize the
strengthening of socioeconomic plans, as well as investment programs in
which multilateral organiz ations and governments of developed countries
would participate to attain efficient economic conditions which assure the
success of crop substitutions, within the framework of sound economic
policies and vigorous anti-drug actions.
16. To recommend to the General Assembly that the Secretary General
of the Organization consult with the Secretary-General of the United
Nations on measures needed to ensure coordination and cooperation between
CICAD and corresponding organs of the United Nations.
17. To recommend to the General Assembly that the proportion of
financial and technical resources of the Organization allocated to the
activities related to the implementation of the Program of Action of Rio
de Janeiro be increased.
18. To urge the member states, permanent observers and
organizations to contribute to the Inter-American Fund of the Program of
Action of Rio de Janeiro (Fund 85).
19. To recommend to the General Assembly of the Organization that
it express the appreciation of the member states to the permanent observer
states and the Inter-Ame rican Development Bank for their financial
support of the activities of CICAD in the struggle against drugs and
request them to continue their support.
20. To recommend to the General Assembly of the Organization that
it request the organs, agencies and entities of the inter-American system
to give special consideration, in their programming, to activities related
to the struggle against drugs, in the context of the Program of Action of
Rio de Janeiro and the Program of Action of Ixtapa.
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