1988 Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Article 3(4)

(c) (…) in appropriate cases of a minor nature, the Parties may provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social reintegration, as well as, when the offender is a drug abuser, treatment and aftercare.

(d) The Parties may provide, either as an alternative to conviction or punishment, or in addition to conviction or punishment of an offence established in accordance with paragraph 2 of this article, measures for the treatment, education, aftercare, rehabilitation or social reintegration of the offender.

  • Flexibilities in the UN drug conventions
  • Alternatives to punishment

Article 3(5) The Parties shall ensure that their courts and other competent authorities having jurisdiction can take into account factual circumstances which make the commission of the offences established in accordance with paragraph l of this article particularly serious, such as:

(a) The involvement in the offence of an organized criminal group to which the offender belongs;

(b) The involvement of the offender in other international organized criminal activities;

(c) The involvement of the offender in other illegal activities facilitated by commission of the offence;

(d) The use of violence or arms by the offender;

(e) The fact that the offender holds a public office and that the offence is connected with the office in question;

(f) The victimization or use of minors;

(g) The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities;

(h) Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.

  • Proportionality of sentencing

Article 3(7) The Parties shall ensure that their courts or other competent authorities bear in mind the serious nature of the offences enumerated in paragraph l of this article and the circumstances enumerated in paragraph 5 of this article when considering the eventuality of early release or parole of persons convicted of such offences.
  • Proportionality of sentencing

Article 14. Measures to Eradicate Illicit Cultivation of Narcotic Plants and to Eliminate Illicit Demand for Narcotic Drugs and Psychotropic Substances. (…)
  • Alternative development
  • Access to controlled medicines
  • Harm reduction

(2) Each Party shall take appropriate measures to prevent illicit cultivation of and to eradicate plants containing narcotic or psychotropic substances, such as opium poppy, coca bush and cannabis plants, cultivated illicitly in its territory. The measures adopted shall respect fundamental human rights and shall take due account of traditional licit uses, where there is historic evidence of such use, as well as the protection of the environment.
  • Alternative development

(4) The Parties shall adopt appropriate measures aimed at eliminating or reducing illicit demand for narcotic drugs and psychotropic substances, with a view to reducing human suffering and eliminating financial incentives for illicit traffic. These measures may be based, inter alia, on the recommendations of the United Nations, specialized agencies of the United Nations such as the World Health Organization, and other competent international organizations
  • Access to controlled medicines
  • Harm reduction

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The 1988 Convention provides special enforcement measures to reduce illicit cultivation, production and trafficking of drugs, and the diversion of chemical precursors. The Convention significantly reinforced the obligation of countries to apply criminal sanctions domestically. However, there is some flexibility in the treaty which enables governments to offer health and social reintegration programmes, instead of punishment, for certain drug-related offences.

  • Flexibilities in the UN drug conventions
  • Alternatives to punishment
See Commentary Para. 3.109 which discusses OST in this context:
‘‘Treatment’ will typically include counseling, group counseling or referral to a support group, which may involve out-patient day care, day support, in-patient care or therapeutic community support. A number of treatment facilities may prescribe pharmacological treatment such as methadone maintenance, but treatment referrals are most frequently to drug-free programmes.’

Article 14(4) is an important legal basis for States parties to take into consideration UN agency recommendations on treatment and harm reduction.

See also: WHO guidance and recommendations on needle and syringe programmes and opioid substitution therapy; UNODC/UNAIDS/WHO core package of harm reduction interventions relating to HIV and injecting drug use; UNDCP 2002 legal opinion on the status of harm reduction interventions under the UN drugs conventions

  • Access to controlled medicines