Drugs and Prevention of Illicit Drugs Traffic Act, s Governing Distribution and Use of Controlled Substances

Session 8: Drugs and Prevention of Illicit Drugs Traffic Act, s Governing Distribution and Use of Controlled Substances

Total Session Time: 120 minutes

Prerequisites

None

Learning Tasks

By the end of this session students are expected to be able to:

Explain a term Illicit Drugs Traffic

Mention the Act, which explain Prevention of Illicit Drugs Traffic governing distribution and use of controlled substances.

List international conventions on drugs control

List the United Nations bodies for drugs control

Resources Needed:

Flip charts, marker pens, and masking tape

Black/white board and chalk/whiteboard markers

SESSION OVERVIEW

Step

Time

Activity/

Method

Content

1

5 minutes

Presentation

Introduction, Learning Tasks

2

15 minutes

Presentation Buzzing

Illicit Drugs Traffic

3

30 minutes

Presentation

The Act, Which Explain Prevention of Illicit Drugs Traffic Governing

4

30 minutes

Presentation

International Conventions on Drugs Control

5

20 minutes

Presentation

The United Nations Bodies for Drugs Control

6

15 minutes

Presentation Buzzing

Key Points

7

5 minutes

Presentation

Evaluation

SESSION CONTENTS

STEP 1: Presentation of Session Title and Learning Tasks (5 minutes)

READ or ASK students to read the learning Tasks and clarify

ASK students if they have any questions before continuing.

STEP 2: Explanation of a Term Illicit Drugs Traffic (15 minutes)

Illicit trafficking in narcotic drugs and psychotropic substances is an international term that includes many offences involving narcotic drugs and psychotropic substances such as the production, cultivation, import, smuggling and promotion. The term extends to include crimes related to the tools and means of transportation used in the commission of the offences and the diversion of precursors and chemicals used in the illicit manufacture of narcotic drugs and psychotropic substances as well as crimes related to proceeds used in or resulting from illicit trafficking according to Article (3) of the United Nations Convention Against Illicit trafficking in Narcotic Drugs and Psychotropic Substances (1988) (Vienna Convention) and Article (2) of the Arab Convention Against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances (1994).

The narcotic drugs and psychotropic substances problem has become one of the world's major issues. In the past, the problem of drugs trafficking was of concern only to a limited number of countries that suffered there from, but nowadays it is threatening all people and the entire global community; the countries that do not have a drug problem are only an exception. The international nature of illicit trafficking in narcotic drugs and psychotropic substances is evident in the cultivation and production of drugs in many countries as well as smuggling them across another country to be consumed in a third one.

It is clear that the large funds generated from illicit trafficking in narcotic drugs and psychotropic substances and the trend of criminal groups in laundering these proceeds and giving them licit source, result in damaging national economies of countries. The laundered funds cause destabilization of the economy as they move quickly from one country to another to be spent as legitimate funds. Furthermore, the proceeds of illicit trafficking in drugs and psychotropic substances lead to social and economic disruption at the same time, where some people become wealthy without working or making an effort. This exacerbates unequal income distribution.

STEP 3: Explanations of the Act which Prevent of Illicit Drugs Traffic Governing Distribution and Use of Controlled Substances. (30 minutes)

The United Nations Convention against Illicit trafficking in Narcotic Drugs and Psychotropic Substances, 1988 included international legal provisions and countries' obligations with respect to illicit trafficking. Article 3 of the Convention required each Party to adopt such measures, as may be necessary, to establish the following acts, as criminal offences under its domestic law, when committed intentionally:

(1)The production, manufacture, extraction, preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, import or export of any narcotic drugs or any psychotropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.

The cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention and the 1961 Convention as amended.

The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in (1) above.

The manufacture, transport or distribution of equipment, materials or of substances listed in Schedule I and Schedule II, knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances.

The organization, management or financing of any of the offences enumerated in

(1), (2), (3) or (4) above

The concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such an offence or offences.

Subject to its constitutional principles and the basic concepts of its legal system:

The acquisition, possession or use of funds, knowing at the time of receipt, that such funds were derived from an offence or offences established in accordance with subparagraph (a) of this paragraph or from an act of participation in such offence or offences.

The possession of equipment or materials or substances listed in Schedule I and Schedule II, knowing that they are being or are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances.

Publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly.

Participation in, association or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.

STEP 4: International Conventions on Drugs Control (30 minutes)

Generally, the requirements and measures with respect to drugs combating are found in the international conventions on drugs control, which are the following:

The Single Convention on Narcotic Drugs, 1961 and as amended by the 1972 Protocol.

The Convention on Psychotropic Substances, 1971.

The United Nations Convention against illicit trafficking in Narcotic Drugs and Psychotropic Substances, 1988.

STEP 5: United Nations Bodies for Drugs Control (20 minutes)

The United Nations bodies for drugs control are:

Commission on Narcotic Drugs: It consists of representatives of countries and is tasked with establishing policies on drugs control and implementation of international conventions.

International Narcotics Control Board (INCB): It is an independent and quasi-judicial control organ for the implementation of international conventions on drugs control and regulation of licit trade in drugs and psychotropic substances.

United Nations Office on Drugs and Crime (UNODC): It coordinates international efforts to combat narcotic drugs and psychotropic substances and raises the capacities of national bodies in countries to combat drugs and crime.

STEP 6: Key Points (15 minutes)

Illicit trafficking in narcotic drugs and psychotropic substances is an international term that includes many offences involving narcotic drugs and psychotropic substances such as the production, cultivation, import, smuggling and promotion

United Nations Office on Drugs and Crime ,International Narcotics Control Board and Commission on Narcotic Drugs are United Nations bodies for drugs control

STEP 7: Evaluation (5 minutes)

What is illicit drug traffic?

.Which Act explains prevention of illicit drugs trafficking?

References

MSH and WHO (2012). Managing Access to Medicines and Health Technology,( 3rd Edition). Kumarian Press

MoHSW (2003) Tanzania, Food, Drugs and Cosmetics Act, Government Printers Dar es Salaam

MoHSW (2011). Pharmacy Act, Government Printers Dar es Salaam

United Republic of Tanzania (1971). the drugs and prevention of illicit traffic in drugs act, Government Printers Dar es Salaam

United Republic of Tanzania (2011). Public Procurement Act, Dar es Salaam

MoHSW (2003), The National Health Policy, Government Printers Dar es Salaam

MoHSW (1991), The National Drug Policy, Government Printers Dar es Salaam

United Republic of Tanzania (1993).Medical Stores Department Act, Government Printers Dar-es-salaam

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