INTERNATIONAL CIVIL AVIATION ORGANIZATION
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7/7/1992
ASSEMBLY - 29TH SESSION
EXECUTIVE COMMITTEE
Agenda Item 17;
Role of ICAO in the United Nations International Drug
Control Programme
REPORT OF THE COUNCIL ON THE IMPLEMENTATION
OF RESOLUTIONS A27-12 AND A27-13
References;	Resolutions A27-12 and A27-13 (Doc 9558 - Assembly
Resolutions in Force)
Introduction
1.	The 27th Session of the Assembly adopted Resolution A27-12: Role of
ICAO in the suppression of illicit transport of narcotic drugs by air.
2.	This Resolution called for action on a number of issues related to
drug control, namely prevention of substance abuse in the workplace (clause 2),
prevention of illicit transport of narcotic drugs by air (clause 3),
participation in the drug control activities of the United Nations system
(clause 4), preparation of guidance material (clause 5) and a call to
Contracting States to take appropriate legislative measures (clause 6).
3.	In its clause 7, Resolution A27-12 requested the Council to present a
report on its implementation to the next ordinary session of the Assembly.
This paper presents the requested report as well as a report on Resolution
A27-13: Safeguarding international public air transport which was also adopted
by the 27th Session of the Assembly.
4.	Resolutions A27-12 and A27-13 were transmitted to States and to the
United Nations, the International Maritime Organization, IATA, INTERPOL and
IFALPA by State Letter E 2/2.7-89/109 of 6 December 1989 for their information
and with a request that the Secretary General be informed of any specific
action taken or contemplated by Governments on the implementation of the two
Resolutions.
(7 pages)
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5.	The Council received two progress reports on implementation of
Assembly Resolutions A27-12 and A27-13, one (C-WP/9098) at its 130th Session,
in June 1990, and one (C-WP/9235) at its 132nd Session, in March 1991. Having
noted the second progress report, at the 8th meeting of its 132nd Session, on
8 March 1991, the Council requested the Secretary General to consult States on
several air navigation, air transport and legal issues. The consultations were
effected by questionnaires attached to two State Letters, references
E 2/2.7-91/30 of 12 April 1991 dealing with legislative matters and AN 5/15,
E 2/2.7-91/40 of 17 May 1991, dealing with air navigation and air transport
matters.
6.	The following report first describes action taken to implement
Resolution A27-13. It then provides information on activities of the United
Nations system, in response to clause 4 of Resolution A27-12. This is followed
by a report on ICAO action in the areas of prevention of substance abuse in the
workplace (clause 2 of Resolution A27-12), prevention of illicit transport of
narcotic drugs by air (clause 3), and legal issues (clause 6).
I. Implementation of Resolution A27-13
7.	The 27th Session of the Assembly adopted Resolution A27-13:
Safeguarding international public air transport, responding to concerns
regarding any improper detention of an aircraft and possible liability of air
carriers in drug trafficking situations when there was no evidence or
presumption of negligence or guilt on the part of the carrier concerned. The
Resolution was transmitted to States by State Letter E 2/2.7-89/109 of
6 December 1989 for their information and with a request that the Secretary
General be informed of any specific action taken or contemplated by them on its
implementation.
8.	While no reply was specifically requested, some States provided
information regarding Resolution A27-13. One State indicated that its national
legislation was not in contradiction with the Resolution and another that it
supported completely the statement of the Assembly that improper detention was
detrimental to the principles of the Chicago Convention., A third State
reported that its existing law allowed detention of an aircraft not only if
there whs suspicion of guilt on the part of the air carrier but also if this
suspicion was directed against others, if this was considered necessary for
purposes of criminal investigation, in which case the carrier could expect
suitable compensation.
9..	One State reported that agencies of its government have entered into
agreements with foreign countries and/or foreign air carriers to help prevent
aircraft, equipment and facilities from being used for drug trafficking
purposes. For example, the Customs Service of that State has entered into
agreements with air carriers by which they agreed to improve security at
foreign terminals, aboard their aircraft and at their facilities in that
State. They also agreed to co-operate closely with Customs in identifying and
reporting suspected smuggling attempts. In return the Customs Service agreed
to provide training to airline employees in the areas of baggage and cargo
security, cargo profiling, personnel security and aircraft search.
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II. Implementation of. Resolution A27-12
A.	Activities of the United Nations system, (clause 4)
10.	In accordance with Clause 4 of Resolution A27-12 the Council has
continued to follow cldsely the work of the United Nations and other agencies
in the implementation of the Comprehensive Multidisciplinary Outline of Future
Activities in Drug Abuse'Control (CMO) and to assure active co-operation of the
Organization in the implementation of all programmes relevant to international
civil aviation.
11.	Activities within the United Nations system include adoption, by the
Seventeenth Special Session of the General Assembly, of a Political Declaration
which calls upon organizations of the United Nations system to give higher
priority in their programmes of work to international measures to ensure drug
control and a Global Programme of Action which uses the CMO as a basis for
developing drug control strategies. The Declaration also proclaimed the period
from 1991 to 2000 as the United Nations Decade against Drug Abuse.
12.	A United Nations system-wide action plan on drug abuse control has
also been developed. It is aimed at the full implementation of all existing
mandates and subsequent decisions of intergovernmental bodies throughout the UN
system. ICAO has provided input for the system-wide plan of action, citing the
mandates laid down in Resolution A27-12.
13.	In the light of the high priority attached to the fight against drug
abuse and illicit trafficking, the United Nations decided to integrate existing
structures and to establish a single programming body, the United Nations
International Drug Control Programme. The Executive Director of the Programme
is also required to ensure co-ordination, complementarity and non-duplication
of activities across the United Nations system. The ICAO Secretariat maintains
close co-operation with the Programme on matters of mutual concern.
B.	Prevention of Substance Abuse in the Workplace, (clause 2)
14.	An assessment of the world-wide situation was made as a follow-up of
Resolution A27-12 and in particular Clause 2 which urges the Council to
elaborate with a high degree of priority concrete measures in order to prevent
and to eliminate possible use of illicit drugs and abuse of other drugs or
substances by crew members, air traffic controllers, mechanics and other staff
of international civil - aviation.
15.	In order to assist Council in fulfilling its mandate, as mentioned in
paragraph 5, the Secretariat prepared a questionnaire to enable States to
provide ICAO with substantive data to be analyzed by the Air Navigation
Commission. Administrations were asked whether they had encountered any
problems related to substance abuse by civil aviation licence holders and, if
so, to indicate the extent and nature. They were also asked whether they had
instituted any system of mandatory substance testing, and if testing for
substances had been undertaken, what were the modalities and the results.
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16о	Sixty-four replies were received related to the extent and nature of
use of illicit drugs and abuse of other drugs or substances by civil aviation
personnel as well as the existence of mandatory testing systems.
17.	The Air Navigation Commission analyzed the replies received from
States and agreed that States should be provided with guidance material related
to detection, prevention and suppression of substance abuse. Taking into
account that some administrations have expressed concern that alcoholism might
be a more serious problem than other drugs, the Commission agreed that guidance
should be all embracing, covering alcohol as well as other drugs. Following
discussions, the Air Navigation Commission agreed that the present ICAO
Standards and Recommended Practices (SARPS), as detailed in State letter AN
5/15-88/77 and in paragraph 3.1.1 of A27-WP/34, if properly implemented,
represent a sufficient safeguard. The Commission reiterated its request to the
Secretariat to continue its efforts to expedite development of additional
guidance material with emphasis on educational programmes related to prevention
of substance abuse. The Secretariat has already held preliminary exchanges of
views with possible contributors to the development of the guidance material
requested. However, progress in the development of the requested guidance
material has been slow due to the significant staff shortage in the aviation
medicine section.
18;	The problem of the extra-territorial aspects of international drug
testing programmes, which was raised by one Member State, continues to exist.
The Secretariat continues to actively monitor the technical and legal aspects
of the subject and intends to study the extra-territorial aspects of intended
policies of States.
19.	Furthermore, the AIG 1992 Divisional Meeting recommended the
upgrading of a recommendation in Annex 13 dealing with post-mortem examinations
to a Standard and the inclusion of a note indicating the availability of
guidance material. This recommendation is being reviewed by the ANC and
Council after consultation with States.
20.	Additionally, in order to assist Council in fulfilling its mandate,
liaison and co-ordination was undertaken with the Health Protection and
Promotion Division and the Programme of Substance Abuse of the World Health
Organization in order to exchange and acquire relevant information. This
liaison intensified with ICAO’s presence at the WHO-convened meeting of the
Expert Committee on Health Promotion in the Workplace - Alcohol and Drug Abuse
in November 1991. When considering the issue of drug screening and testing the
Expert Committee developed the following recommendation: "In view of the
widespread concern regarding the issue of drug screening and testing and
considering that such programmes would not have universal applicability, the
Expert Committee recommends that WHO conduct studies to determine the
usefulness, reliability and effectiveness of drug screening and testing
programmes. The Expert Committee is of the opinion that such programmes even
if proven cost-effective should only be introduced as part of a more
comprehensive health protection and promotion programme which should emphasize
the prevention and education activities related to alcohol and drug-related
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problems. Drug screening which limits individual employee rights to privacy
and dignity should be utilized only to the extent that it is necessary to
achieve clearly established public health objectives."
C. Prevention of illicit transport of narcotic drugs by air. (clause 3)
1.	Technical problems of drug trafficking by air
21.	With regard to the technical problems related to drug trafficking,
the Council agreed that consultations with States should be initiated. States
were asked a) whether administrations had encountered any problems related to
the illicit transport of narcotic drugs by air; b) whether any technical
procedures or practices had been introduced or were contemplated within each
State to prevent the illicit transport of such drugs; c) if such measures had
been introduced, what were the results; and d) whether the application of
narcotics control measures created problems at airports in facilitating the
entry and departure of aircraft, persons and their baggage or the clearance of
cargo and mail.
22.	An analysis of the replies reveals that a majority (40 out of 64)
have indicated that problems are being encountered. The difficulties relate,
on the one hand, to the means of concealment used by perpetrators i.e., in the
body of the aircraft, on the person of the passenger, in all forms of baggage,
within cargo consignments, by way of commercial courier services, and by use of
general aviation. Other problems relate to deficiencies in manpower resources,
equipment availability and performance standards.
23.	Those States that have indicated that problems are being experienced
confirm that technical procedures and practices have been introduced. In this
regard, a small number of States highlighted the need for expert advice and
appropriate guidance material. The prevention methods employed include
specialized detection equipment, deployment of specially trained dogs,
systematic study of flight plans, potential offender profiling, development of
intelligence sources, inter-agency co-operation, inter-state co-operation such
as the European programme for the exchange of information, and implementation
of interdiction strategies.
24.	States also indicated that work in the field of aviation security has
indirectly contributed to suppression of illicit transport of drugs by air.
The system of security screening of passengers, baggage and cargo and the
protection of access to the aircraft play a positive deterrent role against the
drug smugglers. TJie general framework of the Convention on International Civil
Aviation and of the Standards and Recommended Practices contained in the
Annexes thereto give States full freedom of action to prevent and suppress
unlawful air navigation practices, as well as import or export of illicit
substances.
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25.	The Air Navigation Commission reviewed the replies received from
States and concluded that the relevant provisions of Annexes 2, 6, 7, 8, 10,
11, 13, 15 and 18, and Doc 4444 (PANS-RAC) were adequate in this regard and
required no further development nor complementary guidance material.
2.	Facilitation
26.	The 10th Session of the Facilitation Division (FAL/10) held in
September 1988 recommended numerous amendments to Annex 9 to reflect narcotics
control requirements in the Annex. The objective of these amendments was to
ensure that a balance is achieved between the interests of facilitation and
those of narcotics control* The Amendment to Annex 9 was approved by the
Council on 4 December 1989 and the new Ninth Edition of Annex 9 became
applicable on 15 November 1990.
27.	Annex 9 now includes a definition of narcotics control; emphasizes
the need to retain the advantage of speed inherent in air transport when
applying narcotics control, inter alia, in the process of clearing aircraft; in
the entry and departure of persons and their baggage; and in the clearance of
goods and interchange of cargo. The application of narcotics control measures
is also referred to in the context of the establishment of free airports, free
zones and warehousing facilities and the sorting of air mail at international
airports. The need to display notices and leaflets prominently at
international airports warning travellers of the serious consequences of
narcotics trafficking is emphasized. In accordance with Recommendation B-3 of
FAL/10 a pictogram on illegal narcotics trafficking is being developed for
inclusion in the next edition of Doc 9430, ICAO’s guidance material on standard
signs at international airports.
28.	Efforts are being made to encourage States to implement the Standards
and Recommended Practices of Annex 9 including the provisions relating to
narcotics control which are specifically brought to their attention during FAL
missions in accordance with Recommendation B-5 of FAL/10.
D. Legal Issues, (clause 6)
29.	Clause 6 calls upon all Contracting States to continue their efforts
to prevent the illicit trafficking of drugs by air, to take appropriate
legislative measures to ensure that the crime of illicit transport of narcotic
drugs and other psychotropic substances by air is punishable by severe
penalties and to become parties, as soon as practicable, to the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988. In response to consultation of States on implementation of
clause 6, a number of States have advised that they have in effect or are
developing legislation to ensure that the crime of illicit transport of
narcotic drugs and other psychotropic substances by air is punishable by severe
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penalties. The specific penalties mentioned by States included fines, loss of
licence, detention of aircraft, imprisonment and, in two instances, capital
punishment.
30.	Information received from the United Nations International Drug
Control Programme indicates that, at 15 May 1992, sixty-one States are Parties
to the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances of 1988.
Conclusions
31.	As regards the prevention of substance abuse in international civil
aviation, guidance material related to prevention, detection and suppression of
such abuse, including alcohol abuse, is being developed and the development of
additional guidance material with emphasis on educational programmes related to
prevention of substance abuse will also be expedited.
32.	As regards the prevention of illicit transport of narcotic drugs by
air, the Air Navigation Commission has concluded that the relevant provisions
in the technical Annexes are adequate and require no further development nor
complementary guidance material.
33.	States should continue their efforts to prevent the illicit
trafficking of drugs by air, to take appropriate legislative measures to ensure
that the crime of illicit transport of narcotic drugs and other psychotropic
substances by air is punishable by severe penalties and to become parties, as
soon as practicable, to the United Nations Convention against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances of 1988.
34.	In view of the high priority attached to the fight against drug abuse
and illicit trafficking by the United Nations, the Council will continue to
follow the work of the United Nations system closely and to assure active
co-operation of the Organization in the implementation of all programmes
relevant for international civil aviation.
35.	Finally, the principles enunciated by the Assembly in Resolution
A27-12: Role of ICAO iij the suppression of illicit transport of narcotic drugs
by air and Resolution A27-13: Safeguarding international public air transport,
remain valid and the two Resolutions should remain in force.
Action by the Assembly
36.	The Assembly is invited to note this report on the implementation of
Resolutions A27-12 and A27-13 and to consider the conclusions in paragraphs 31
to 35 above.
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