UN Commission Adopts Fourteen Drug Control Resolutions

UNCLAS SECTION 01 OF 07 UNVIE VIENNA 000127

SENSITIVE

SIPDIS

E.O. 12958:N/A
TAGS: SNAR PGOV UN KCRM AF UNCND CU IR

SUBJECT: UN Commission Adopts Fourteen Drug Control Resolutions

REF: A) UNVIE Vienna 110, B) Glover-Tsai Email of March 19,
C) UNVIE 85, D) SECSTATE 25200

SUMMARY
--------------


1. (U) Following on the High-Level Segment (Ref A),the regular
session of the 52nd UN Commission on Narcotic Drugs (CND),held
March 16-20, adopted 14 drug control-related resolutions to guide
the work of Member States and the UN Office on Drugs and Crime
(UNODC) in the coming year. The Secretariat clarified that none of
the resolutions would require regular budget funding.


2. (U) The United States delegation (USDEL) co-sponsored the
following resolutions:
- to establish a standing working group to improve the governance
and finance situation of UNODC;
- to address illicit trafficking in cannabis seeds;
- to strengthen drug analysis laboratories;
- to endorse the development of UNODC regional strategic frameworks;
and,
- to combat money laundering.


3. (U) USDEL joined consensus on additional resolutions that
focused on:
- assessing drug control commitments over the next decade in line
with the recently adopted Political Declaration and Action Plan,
- alternative development within the framework of elimination of
illicit drug crops;
-regional cooperation among Iran, Pakistan and Afghanistan;
-international support for East Africa and West Africa (two
resolutions);
and,
-countering drug-facilitated sexual assault.


4. (U) USDEL made concerted efforts to advance the U.S. position
that opioids and other controlled medications should be available,
with proper controls to prevent diversion, to all patients who need
them. USDEL succeeded in keeping "the availability of access to
narcotic drugs and psychotropic substances for medical and
scientific purposes" on the CND's agenda. European Union Member
States, Australia, the World Health Organization (WHO) and several
non-governmental organizations supported USDEL's motion.


5. (U) USDEL hosted two well-attended side events on the margins
of the CND to advance U.S. positions on demand reduction and on
precursor chemical control.


6. (U) ONDCP funded a reception hosted by UNVIE Ambassador Gregory
Schulte to honor non-governmental organizations (NGO) active in the
area of drug control, prevention, treatment and care. Ambassador
Schulte thanked the NGO representatives for their supportive role in
preparing for the CND and their input into the review of the
progress achieved since the 1998 UN General Assembly Special Session
on Drugs (UNGASS). As part of increased outreach with NGOs, USDEL
also actively attended a variety of events hosted by a broad
spectrum of NGOs. END SUMMARY.

UNITED STATES, G-77 COOPERATE
ON FINANCE AND GOVERNANCE
--------------


7. (U) After six months of intensive discussions within the
framework of the Working Group on Finance and Governance, the
co-chairs of the Working Group - Namibia and Sweden - introduced a
resolution to adopt a variety of recommendations aimed at improving
the financial and administrative health of UNODC. Notably, the
recommendations endorsed the establishment of a standing Working
Group on Finance and Governance to advise the two governing bodies,
the CND and the UN Commission on Crime Prevention and Criminal
Justice (Crime Commission). USDEL worked closely with UN
secretariat representatives, the co-chairs of the Working Group, and
Argentina (on behalf of the G-77) in order to ensure that the costs
of the standing Working Group would not result in any "unfunded
mandates," i.e., any program budget implication (PBI) for the
2008-2009 biennium. In contrast to previous discussions, the G-77
this time had a strong incentive to ensure that the resolution did
not incur a PBI, as it might have prevented the Working Group from
being established. USDEL worked with the Secretariat and various
member states to identify the recommendations with problematic
financial implications and helped craft language in the resolution
that avoided budget implications while steering clear of the equally
thorny issue of "reopening the substantive debate." In addition,

UNVIE VIEN 00000127 002 OF 007


USDEL worked with Sweden to ensure that the resolution would advance
the standing Working Group as a pragmatic, result-oriented,
efficient and cooperative body to promote dialogue between Member
States and UNODC. On the margins, individual G-77 member states,
including Argentina and Pakistan, noted that it was their national
positions to be constructive members of the standing Working Group,
rather than to use it as a platform for continuous negotiations.

CUBA WANTS TO CO-CHAIR
FINGOV WORKING GROUP
--------------


8. (U) At the adoption of the resolution, the Cuban delegation
reconfirmed the candidacy of its ambassador (Norma Goicochea
Estenoz) as one of the two co-chairpersons for the standing Working
Group, and announced that her candidacy has received the endorsement
of the G-77 group. The two co-chairs will be elected at the
intersessional meetings to be held after the Crime Commission, after
consultations and nominations by the Extended Bureaus of the CND and
the Crime Commission, to serve a one-year term. No other candidates
have stepped forward.


9. (SBU) (NOTE: Despite assurances from individual G-77 Member
States, UNVIE and INL are concerned about the manner in which
Goicochea would conduct herself as Chair of the working group,
although we have heard that Goicochea will be departing Vienna in a
year. Although we do not see it as feasible at this stage to fight
Cuba's candidacy, we have made clear to the UNODC secretariat and
other delegations that we view Cuba as an inappropriate Chair of
this working group, given Cuba's paltry support to UNODC funding and
its questionable record in implementing the drug conventions and
reportedly providing shelter in the past to the drug trade. To
ensure a balance in what we fear could be a highly politicized
exercise, it will be important to have a major donor country as the
other co-chair. UNVIE has approached Japan and Namibia on the idea
of having Japan serve in that capacity. Septel will report further
on the Cuban candidacy. END NOTE.)

US CO-SPONSORED RESOLUTIONS:
CANNABIS, DRUG LABS, UNODC REGIONAL
PROGRAMS, AND MONEY LAUNDERING
--------------


10. (U) CANNABIS: USDEL co-sponsored a resolution introduced by
Japan on cannabis seeds. The resolution focused on examining the use
of cannabis seeds for illicit purposes. Specifically, it requested
the International Narcotics Control Board (INCB) to gather
regulatory information on cannabis seeds, including sale of seeds on
the Internet for delivery through mail or private delivery services.
It also requested UNODC to conduct a global survey on the sale of
cannabis seeds and urged Member States to consider measures to
prevent trade in cannabis seeds for illicit purposes. USG
interventions ensured that measures called for in the resolution
would not result in additional financial burden for UNODC or INCB,
unless extra-budgetary resources were provided. The agreed upon
text also assuaged concerns by some EU Member States and Switzerland
that the resolution would lay the foundation for controls of
cannabis seed, which the 1961 Convention specifically exempts.
Germany and Spain also advocated that the resolution not impact
adversely the manufacture of hemp and other products derived from
cannabis seed. In addition to USDEL, France supported Japan's
efforts to highlight and examine the scope of the problem posed by
trade in cannabis seeds.


11. (U) DRUG LABS: Argentina and Finland introduced a resolution,
which USDEL co-sponsored, to advance UNODC's work to evaluate, upon
request, the performance of drug laboratories through its quality
assurance program. The resolution also called on Member States,
sub-regional and regional organizations to provide expertise for the
development of cooperative networks among laboratories and
scientists, particularly by exploring ways for exchange of
information and expertise. The resolution served as a follow-up to
an EU-sponsored initiative in 2007 to highlight the importance of
laboratory certification for good practice in drug analysis.


12. (U) UNODC REGIONAL PROGRAMS: Canada, Japan, EU Member States
and USDEL joined the African Group to co-sponsor a resolution that
endorsed UNODC's efforts to develop regional strategic frameworks to
guide its technical assistance activities around the globe. These
regional frameworks will serve as a coherent guide for UNODC
programming and help ensure broad cooperation with regional and
sub-regional organizations, as well as other relevant entities
within the UN system, such as the Department of Peacekeeping

UNVIE VIEN 00000127 003 OF 007


Operations and the UN Development Program. The push to develop
regional frameworks is part of UNODC's overall efforts to move away
from a piecemeal project-by-project approach to its field
activities.


13. (U) ANTI-MONEY LAUNDERING: Introduced by Mexico, the U.S.
co-sponsored a resolution focused on continued implementation of
anti-money laundering provisions in the 1988 UN Convention against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the
UN Convention against Transnational Organized Crime (UNTOC) and the
UN Convention against Corruption (UNCAC). It calls for capacity
building in regulatory systems, as well as in criminal justice
institutions and, as appropriate, legislative change to address
evolving money laundering techniques, and facilitation of bilateral,
and multilateral cooperation against money laundering. USDEL
succeeded in ensuring the resolution took note of the work and
progress of the Financial Action Task Force (FATF) and FATF-Style
Regional Bodies (FSRBs),despite opposition from Iran. (Note: The
endorsement of FATF was particularly significant because the USDEL,
EU and others were unable to get an endorsement of FATF in the
Political Declaration. End Note.) The resolution also contained
references about linkages between drug trafficking and organized
crime (as advocated by Russian Federation and Colombia),
specifically trafficking-related money laundering using the internet
and other emerging tools.

ADDITIONAL RESOLUTIONS LAY
GROUNDWORK FOR INTERNATIONAL
COOPERATION IN DRUG CONTOL
--------------


14. (U) In addition to those resolutions noted above, USDEL joined
consensus on the following resolutions:


15. (U) DATA COLLECTION: Assessing data on drug control commitments
over the next decade: Australia, Argentina and Venezuela sponsored a
resolution to develop a process for improving the collection,
reporting and analysis of data to monitor the implementation of the
Political Declaration and Action Plan on International Cooperation
towards an Integrated and Balanced Strategy to Counter the World
Drug Problem (Ref A). USDEL worked closely with the drafters to
ensure the establishment of an appropriate process with input from
Member States, as well as input from regional and other
international organizations with data collection expertise. The
resolution establishes an open-ended intergovernmental working group
in 2009 to review the current data collection tools with a view to
submitting a revised set of these tools for adoption at the 2010
session. Per Ref B, USDEL did not co-sponsor this resolution.


16. (U) ALTERNATIVE DEVELOPMENT: Thailand and Peru introduced a
resolution promoting best practices and lessons learned for
sustainable alternative development programs. Working closely with
Colombia, USDEL succeeded in ensuring that the resolution made a
clear connection between alternative development and the reduction
in illicit drug crops, thereby making a distinction from broader
development activities. Although initially reluctant to break with
co-sponsor Thailand on this issue, Peru also supported the inclusion
of the framework of elimination of illicit drug crops. The
resolution also requests UNODC to consider organizing an
international conference in 2010 as a further vehicle for promoting
best practices.


17. (U) TRANSIT STATES BORDERING AFGHANISTAN: The G-77-sponsored
resolution to strengthen law enforcement capacities of main transit
states bordering Afghanistan was originally tabled by Iran and
Pakistan. The resolution called for regional cooperation to fight
trafficking in opium out of Afghanistan and in precursor chemicals
into Afghanistan. It drew attention to UNODC's regional
initiatives, such as the Paris Pact, the Rainbow Strategy, as well
as the Triangle Initiative among Iran, Pakistan and Afghanistan. It
requested Member States and UNODC to provide or facilitate technical
assistance and financial support for such purposes. At Russian
insistence, the resolution included references to various
Russian-supported fora and initiatives for the region, such as the
Shanghai Cooperation Organization. The resolution also welcomed the
next ministerial meeting of the Triangular Initiative in Islamabad
in June 2009. USDEL worked with Iran and Pakistan, as well as
Canada, UK, France, Italy, and Egypt, to address issues of concern
to the United States, (e.g., replacing initial language on
"providing advanced detection equipment, scanners, forensic drug
laboratories and testing kits" with "providing relevant technical
equipment and facilities." ) Per Ref B, USDEL did not co-sponsor
this resolution, although the United States was included among the

UNVIE VIEN 00000127 004 OF 007


list of countries contributing to UNODC to support such programs.


18. (U) INTERNATIONAL SUPPORT FOR EAST AFRICA: This resolution
endorsed efforts to address the emergence of East Africa as a
transit region for heroin shipments. Similar in content to a 2008
resolution regarding West Africa, this resolution was adopted
without significant debate. In addition to continued
counternarcotics efforts by East African states, the resolution
solicited assistance (from financial institutions and other
potential donors) for counternarcotics capacity-building and UNODC
facilitation of coordinated efforts against narcotics smuggling in
the sub-region.


19. (U) WEST AFRICA: The resolution drew attention to adverse
consequences resulting from the transit of cocaine in the sub-region
and to sub-regional counternarcotics efforts. It sought increased
supply and demand reduction efforts in origin, transit and
destination States, cited several relevant multilateral efforts and
sought financial and technical assistance for implementation of the
(West African States and ECOWAS) Regional Response Action Plan.
USDEL succeeded in inserting language to encourage collaboration
with West African States, including law enforcement cooperation in
order to strengthen prosecutions and enhance knowledge of drug
trafficking operations.


20. (U) USE OF PHARMACEUTICAL TECHNOLOGY TO COUNTER
DRUG-FACILITATED SEXUAL ASSAULT ("DATE RAPE"): USDEL worked with
concerned Member States, including the EU, Australia, and
Switzerland, to overcome difficulties in the resolution, since it
contained a variety of substances both illicit and licit,
internationally controlled and not controlled, and both
pharmaceuticals and precursor chemicals. The resulting resolution
urged member states within their national legal framework to
consider imposing stricter controls or to take other measures aimed
at discouraging the use of such substances in order to prevent the
commission of drug-facilitated sexual assault.


20. (U) COOPERATION BETWEEN LATIN AMERICA AND THE CARIBBEAN AND THE
STATES OF WEST AFRICA: Sponsored by Venezuela, this resolution
focused on cocaine trafficking involving the two regions. The
resolution cited relevant discussion at several events in the two
regions and invited dialogue by and resources from Member States for
interregional initiatives. Per Ref B, USDEL did not co-sponsor this
resolution.


21. (U) MINISTERIAL CONFERENCE FOR SECURITY AND DEVELOPMENT IN THE
CARIBBEAN: Sponsored by the G-77, this resolution was originally
tabled by Cuba and the Dominican Republic. It welcomed the recent
Ministerial meeting in Santo Domingo and the subsequent adoption of
a Political Declaration and Action Plan to combat drug trafficking,
organized crime and terrorism in the Caribbean. The resolution
further encouraged international support and financial contributions
for the implementation of the Action Plan and the Santo Domingo
Partnership Monitoring Mechanism, which will facilitate
consultations at the expert and policy levels. USDEL had to work
with Cuba and the Dominican Republic to address issues of concern to
us, such as making it clear that the implementation would be based
on voluntary contributions. Per Ref B, USDEL did not co-sponsor
this resolution.


22. (U) INVOLVEMENT OF WOMEN AND GIRLS AS DRUG COURIERS: Sponsored
by the African Group, this resolution sought to increase attention,
resources and research on the involvement of women and girls in drug
trafficking, especially as couriers. The text requests UNODC to
analyze existing data in order to better understand gender issues
related to drug trafficking.

IMPROVING ACCESS TO ESSENTIAL MEDICINES
--------------


23. (U) USDEL made concerted efforts to advance the U.S. position
that opioids and other controlled medications should be available,
with adequate controls to prevent diversion, to all patients who
need them. USDEL succeeded in keeping "the availability of access
to narcotic drugs and psychotropic substances for medical and
scientific purposes" on the agenda for the 2010 CND. European Union
Member States, Australia, the World Health Organization (WHO) and
several non-governmental organizations supported USDEL's motion for
this item to be on the agenda for next year. In addition, USDEL led
several delegations, including the UK, Switzerland and France, in
approaching sponsors India and Turkey, to advocate a reference to
access to essential medicines in their draft resolution, which
focused on the need for a balance between demand for and supply of

UNVIE VIEN 00000127 005 OF 007


licit opiates. However, it became clear over the course of the
meeting that consensus around this resolution had eroded on a range
of issues. Ultimately, India and Turkey decided to withdraw the
draft resolution.


24. (U) (NOTE: USDEL will need to be ready to address the issue of
improving access to opiates for pain relief in the near future, as
there is almost certainly going to be a draft resolution tabled at
the 53rd meeting in 2010 (the Secretariat had removed it from
consideration). As the United States has a good story to tell on
this issue, the United States will need to consider a proactive
strategy for U.S. engagement. In this regard, India and Turkey
already approached USDEL to work cooperatively during the
intersessional period. END NOTE.)

U.S.-HOSTED SIDE EVENTS
ON DEMAND REDUCTION AND
ON PRECURSOR CHEMICAL CONTROL
--------------


25. (U) USDEL hosted two well attended side events on the margins
of the CND to advance U.S. positions on demand reduction and on
precursor chemical control. The first event, led by Dr. H. Westley
Clark, HHS Director for the Center of Substance Abuse Treatment,
showcased U.S. experience in improving access to treatment and
mainstreaming drug abuse treatment into health systems. The second
event, conducted by DEA, highlighted the roles that pharmaceutical
preparations play in the clandestine manufacture of methamphetamine.
USDEL used the event to demonstrate the importance of supplying the
International Narcotics Control Board (INCB) with estimates of the
licit requirements for those chemicals and pharmaceutical
preparations. With these estimates, governments can conduct "quick
reality checks" to determine whether importation of chemicals and
preparations are warranted.

ADVANCING OUTREACH WITH NGOS
--------------


26. (U) ONDCP funded a reception on March 18 hosted by UNVIE
Ambassador Schulte in honor of non-governmental organizations active
in the area of drug control, prevention, treatment and care.
Ambassador Schulte thanked the NGO representatives for their
supportive role in preparing for the CND and their input into the
review of the progress achieved since the 1998 UN General Assembly
Special Session on Drugs (UNGASS) through their "Beyond 2008"
declaration and conclusions. The reception was well attended by a
wide array of organizations, with attendees representing American
and internationally-based NGOs, as well as Members States. Many
guests expressed their appreciation for the invitation and welcomed
the gesture as an indication that their input on the way forward in
drug policy would be considered.


27. (U) Members of the U.S. delegation also met with a group of
NGOs representing the Harm Reduction Coalition, Human Rights Watch,
the Open Society Institute, the International Drug Policy Consortium
(IDPC),and Virginians against Drug Violence, to discuss areas of
common ground, where the USG could work with them on an array of
drug policy issues. Though many of these organizations have been,
and continue to be, sharply critical of elements of U.S. policy, all
were appreciative of the collaborative and open approach of the U.S.
delegation at this year's CND. Key issues raised included how to
translate the Administration's new policy on needle exchange
programs into action, concerns over incarceration rates for
drug-related offenses, need for CND to push States to improve access
to opioids for palliative care, need to improve communication
channels in the CND around human rights, public health issues, and
eradication and alternative development.


27. (U) USDEL also actively attended a variety of events hosted by
a broad spectrum of NGOs. At one such event, the Drug Free America
Foundation (DFAF) presented to the President of the INCB a petition
with almost 6 million names of supporters of the three UN drug
control Conventions. The petition was the result of two years of
work by Project SUNDIAL (Supporting UN Drug Initiatives and
Legislation),an initiative of DFAF to demonstrate the broad support
of citizens of the world for the work of the INCB. The Swedish
National Association for a Drug-Free Society also used the occasion
to announce the formation of a new international anti-drug umbrella
group of NGOs called the World Federation against Drugs, which will
hold an annual conference in Stockholm and provide information on
successful anti-drug strategies and programs around the world.

IRAN TO CHAIR 2010 CND

UNVIE VIEN 00000127 006 OF 007


--------------


28. (U) As expected (Ref C),Namibian chair announced, on the last
day of the CND, that the Asia Group, which will take the rotating
chairmanship of the 53rd CND in 2010, has endorsed Iran as its
candidate. The Namibian chair urged other regional groups to
propose candidates to the bureau of the 53rd CND. She added that
the reconvened session in December will formally elect the Chair and
the bureau. USDEL followed Ref D guidance.

INCB-HOSTED EVENT: ILLEGAL
INTERNET PHARMACIES
--------------


29. (U) The INCB invited interested Member States to participate in
their presentation of the "Guidelines for Governments on Preventing
the Illegal Sale of Internationally Controlled Substances through
the Internet." Dr. Hamid Ghodse, INCB President, in his opening
remarks stressed the need for collaboration among States to
successfully address the problem of cybercrime and indicated that
the guidelines were developed to facilitate this goal. The INCB
provided an overview of the global cybercrime situation including
special reference to illegal Internet pharmacies trafficking in
controlled substances. They also promoted U.S. experience in
combating illegal Internet pharmacies as a model. Following the
presentation the official publication was released for
distribution.

DINNER AT THE RESIDENCE OF
THE AMBASSADOR OF FINLAND
--------------


30. (U) A representative from USDEL attended an invitational dinner
at the residence of the Ambassador of Finland, along with delegates
from Australia, Canada, Finland, Germany, Netherlands and Czech
Republic. With no formal agenda, discussions focused around three
issues: the lack of consensus on the "harm reduction" concept; the
role of NGO's in drug policy, and the intravenous drug use problem
and its intertwined HIV/AIDS epidemic in Russia.

COMPOSITION OF USDEL
--------------


31. (U) INL Assistant Secretary David T. Johnson, ONDCP Acting
Director Ed Jurith and UNVIE Ambassador Greg Schulte led USDEL.
INL's John Sullivan served as the alternate head of delegation.
Additional USDEL members were as follows: ONDCP Richard Baum, HHS
Dr. H. Westley Clark, INL/PC Christine Cline, DEA Denise Curry,
UNVIE Adam Davis, ONDCP Christine Kourtides, S/GAC Colin McIff,
INL/PC Kathleen Pala, L/LEI Virginia Prugh, DEA Christine Sannerud,
ONDCP June Sivilli, INL/PC Cassandra Stuart, UNVIE Soching Tsai and
DOJ Lena Watkins.

COMMENT: CHANGING PERCEPTIONS
--------------


32. (SBU) USDEL made a concerted effort at this year's CND to
demonstrate the United States' balanced approach to drug policy, in
particular highlighting U.S. support for demand reduction and the
importance of prevention, treatment and care, and rehabilitation.
The new U.S. policy on needle/syringe exchange and our long standing
position in favor of medication-assisted therapy underscored that
balance. The alliance USDEL built with some like-minded countries,
such as Japan, Russia, and Colombia, as well as USDEL's outreach to
the EU and to the G-77 since last November, contributed to
acceptable compromises. In addition, UNVIE brokered an agreement
between the EU and the G-77 on structuring the Action Plan, one of
the EU's three main goals for the high-level segment. During the
negotiations prior to and after the CND, the Namibian chair praised
UNVIE's negotiating approach as "assertive but not aggressive."
After the CND, UNVIE's Dutch contact expressed appreciation for the
tone of the USDEL this year, noting that instead of focusing on such
things as "coffee shops" and the "illegality of harm reduction,"
USDEL was much more "conciliatory, open-minded, constructive and
actively engaged in the drug demand reduction dialogue."


33. (SBU) Many Member States and NGO representatives expressed
surprise over the amount of resources the United States Federal
Government spends annually on demand reduction activities ($3.4
billion in FY 2008). NGO representatives, in particular, welcomed
increased dialogue with USDEL representatives and the opportunity
for their voice to be heard. USDEL was also able to work
multilaterally with other delegations to amend the Iranian and Cuban

UNVIE VIEN 00000127 007 OF 007


resolutions to make them acceptable to us. Egypt, a key player at
the CND though only an observer, said that the non-controversial
nature of the resolutions this year contributed to the success. The
rapport and goodwill UNVIE built over the last several months with a
broad range of Member States facilitated the negotiations during the
CND. On the margins, Chairperson Ambassador Ashipala-Musavyi
(Namibia) noted appreciation for USG support and efforts to
coordinate closely and to provide maximum flexibility in
negotiations. We will need to continue to work to maintain the
goodwill for the Reconvened CND meeting in December 2009. And all
this goodwill notwithstanding, Washington should also be prepared to
tackle the "harm reduction" issue at the next CND, because it is
likely that its proponents will continue to push for CND endorsement
of this concept.

SCHULTE