rp21 situational analysis - Pacific Health Voices

1.6 Regional networks and
responses
International treaties
The 29th South Pacific Forum called for the
early ratification and implementation of the
United Nations conventions related to drug
control. 96 The international conventions on
narcotics control include: the Convention
on Narcotic Drugs 1961; the Convention
on Psychotropic Substances 1971; and the
Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances
1988. Notably, the countries included in
this analysis, with the exceptions of Tokelau
97 and Timor-Leste, have signed up to the
United Nations Framework Convention on
Tobacco Control. 98 In contrast, at the time of
writing, five countries included in this study
are party to none of the UN conventions on
drug control; and many of the others are
party to only one of the three conventions. 99
Fiji and Tonga are party to all three treaties.
The Solomon Islands is a party to the
1961 Convention, as is Papua New Guinea,
which is in negotiations for adherence to
the 1988 Convention. Since the 2004–05
situational analysis, Samoa, the Cook Islands
and Vanuatu have signed up to the 1988
agreement. A detailed overview of the countries
that have ratified each convention can
be found at Appendix 18.3. Convention
adherence is significant, as it has been suggested
that the successful enforcement of
regional environmental treaties related to
fishing and other resources of import for the
PICTs could provide a model for managing
international crime, including drug trafficking
and production. 100 However, from a
governance perspective, there are many challenges
for this approach and caution should
be advocated when considering regionalist
approaches to legislating for illegal activities.
Legislation
Much of the legislation against illicit drug
cultivation, trafficking and related offences in
the PICTs is ill-equipped to manage emerging
issues and does not apply to new and
emerging substances such as amphetaminetype
stimulants. 101 The exception is in the
American-affiliated states which have largely
adopted the United States forms. Reported
judgments from the PICTs indicate that courts
currently exercise a degree of discretion in
sentencing in relation to alcohol and illicit
drug offences, an approach to be encouraged.
Details of specific legislative approaches
to alcohol and other drugs are included in
19
96 Forum Communique, 29th South Pacific Forum, Pohnpei, Federated States of Micronesia, 24–25
August 1998.
97 Tokelau is covered under the New Zealand agreement.
98 See Appendix 18.3.
99 See Appendix 18.3.
100 N. Boister (2005), New directions for regional cooperation in the suppression of transnational
crime in the South Pacific, Journal of South Pacific Law, 9(2).
101 UNODC, Pacific Profile, August 2003; N. Boister (2004), Regional cooperation in the suppression
of transnational crime in the South Pacific: threat assessment by the Pacific Forum. Paper
presented to International Law and Security in the Post-Iraq Era: Where to for International Law?
Annual conference of the Australian and New Zealand Society of International Law, Canberra,
June 2004.
Regional overview