Drug abuse: Tendencies and ways to overcome it
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The Agreement provided for the establishment of monopoly associations on the territories and domains controlled by these powers to deal with the opium turnover, for handing over the production of smoke opium to the state monopoly, as well as conducting anti-opium propaganda.
The general control over the implementation of the Agreement's
provisions concerning the trade in opium was placed upon the League of
Nations- an international body set up in accordance with the Versailles
peace treaty.
One of the provisions of this Agreement stipulated the need to study
the state of control over smoke opium in the Far East. This study was
carried out, practically for the first time in world practice, by a Special
Commission appointed by the League of Nations Assembly in 1928.
The results of the study were examined in Bangkok and paved the way for the signing of the Bangkok Agreement of November 27th 1931, which banned opium smoking. The Agreement entered into force only in April 1937.
The Bangkok Agreement of 1931:
The Bangkok Agreement added some new provisions to the Geneva Agreement of
11th February 1925. These new provisions made retail trade in opium
possible only by government institutions; established criminal offence for
persons under 21 years of age who visited opium dens; legally regulated the
sale of smoke opium for cash and so on and so forth.
However, prior to the Bangkok Agreement, in view of the deterioration
of the drug situation in the world in the postwar period, the second Geneva
Opium Conference passed an Opium Convention that was signed in Geneva on
19th February 1925 and entered into force in September 1928.
The Opium Convention of 1925:
It underlined that there was no way to end drug abuse and drug smuggling unless the production of those drugs was reduced considerably and a more stringent control over their international trade was introduced than the one stipulated by the 1912 Hague convention.
For this end, the 1925 Convention stipulated some legal and organizational measures against drug abuse both at the international and domestic levels.
This Convention confirmed the principles of the 1912 Hague Convention and, what is more, it firmly established that drugs could be produced only for the legal purposes of states, having defined what these legal purposes were. Of principal importance was the decision to put several more kinds of raw materials which drugs could be produced from (coca leaves, raw cocaine, and cannabis) on the list of the controlled substances (in addition to the ones named by the 1912 Hague Convention). Moreover, the Convention was applicable to any substance, which, in accordance with the conclusion drawn by an authorized body, could cause the same harmful consequences as the substances listed in the Convention.
To exercise domestic control over narcotic substances the parties to the Convention agreed to the following pledges: to pass national laws that would ensure the control over the production, dissemination and exportation of raw opium and to systematically revise and toughen those to the extent that the articles of the Convention would require; to limit the use, production, importation, sale, distribution, export, and application of narcotics exclusively to medical and scientific purposes; to exercise control over the activities of persons who were allowed to produce, import, export, sell, distribute and use drugs and also to exercise control over premises where these persons work with drugs or traded in them; to curtail the number of ports, cities and other populated centers where the importation and exportation of narcotics would be permitted and to pass through and adopt domestic legislation that would envisage punitive measures for the violations of the Convention's provisions.
To exercise international control over narcotic substances the
Convention stipulated adoption of the following measures: to introduce a
system of evaluation and estimation of a country's domestic need in
narcotics for medical, scientific and other purposes in the up-coming year;
to hand in statistics connected with drugs (in a special form and at
definite periods of time); to establish control over international trade in
drugs and to also establish firm rules for the importation and exportation
of drugs (to import and export narcotics only if there is a special written
permission, as outlined by the Convention; to regulate the order of transit
shipments and the storage of drugs at stores of third countries to prevent
their possible leakage from the legal circulation during their shipments
and storage); to establish control over the compliance with all commitments
taken by the countries- parties to the Convention; to place the exercise of
that control on a newly organized international body called the Permanent
Central Committee (later its official name changed several times, although
most of the time, it was known as "The Permanent Central Committee on
Narcotic Substances").
The Convention also stressed the need for cooperation between countries in preventing the use of narcotic substances for purposes other than designated. It stipulated that the exchange of information about laws and decisions on the implementation of the proclaimed principles (using the services of Secretary General) would be a concrete form of this cooperation.
To put it in a nutshell, the Convention defined the content and forms of realization of international control over narcotics. It introduced a system of licensing and recording foreign trade operations of drugs and obliged the member countries to submit detailed statistics about such operations.
The convention on the limitation of production and the regulation of the distribution of narcotic substances signed on July 13th 1931 in Geneva proved to be another link in the international control system.
The Convention of 1931:
That Convention meant to introduce amendments to the two already
existing conventions in force, those of 1912 and of 1925. It contained the
following additions: uniform definition of notions, through the control
over drugs. Alternative versions of such notions as "production",
"refining", "processing", "storage reserves", "state storage reserves",
"import-export" and others were removed. For the first time, a list of
medicines containing drugs was established and production, processing, use, exportation and importation of them would now be controlled. The system of
evaluating and estimating the overall demand for drugs in all countries
regardless of their membership in the given Convention was perfected.
Accountability for the commitments of member governments was enhanced. A
special agency, the Control Commission, was set up to study data from
governments about the quantity of narcotics and accounts about their
receipt and use. In case the Commission found any deviations or the demand
for drugs was too large in its judgment, the Commission had the right to
question the examined figures and carry out its own calculations. The
extradition of criminals was envisaged (under certain conditions) for
committing crimes linked to drugs. The convention stipulated that member-
countries had to have norms in their national legislation concerning the
criminal punishment of persons who encouraged the illegal spread of the
most dangerous forms of drugs.
The Convention also contained some administrative decisions aimed at
perfecting the domestic control over drugs. It urged member-countries, in
particular, to set up a special body that was to apply the Convention's
decisions; regulate, supervise and control the trade in medicines on the
Convention's list; act against toxicomania using all possible measures for
halting its development, and bar, in particular, the illegal trafficking of
toxic substances.
Under the Convention cooperation between member-countries expanded
considerably. Along with the traditional exchange of the texts of legal
acts, an annual report was to be submitted to the Secretary General of the
League of Nations about the Convention's implementation on the territories
of the member-states. The report was to be compiled in accordance with the
model agreed upon by the Consultative Commission on the Turnover of Opium
and other medicines containing harmful substances.
The contracting parties also pledged to inform each other, through the office of the League of Nations Secretary General, about all the important cases of illegal drug trafficking. These reports had to highlight sources or methods of illegal trafficking, the nature and the amount of drugs, the time and place of their discovery, smuggling methods and sanctions and measures in acted by the government.
The Geneva Convention of 1936:
The convention against illegal trade in drastic medicines signed on
26th June 1936 in Geneva became the next important document.
That Convention introduced a number of new essential amendments corresponding with its title containing the word 'struggle', which opened a prospect for a juridical cooperation in campaigns against drug abuse. The range of crimes subject to prosecution was outlined and expanded considerably. Contracting parties pledged to prosecute persons engaged in the illegal manufacture, storage, shipment, exportation, sale or purchase of drugs or who organized conspiracies with the aim of premeditated participation in the illegal drug trade. The Convention also provided for the extension of reciprocal legal assistance through the exchange of necessary information to identify and arrest criminals and extradite them to a foreign country.
World War II pushed the problems of international cooperation and control of narcotic substances to the background. But right after the end of the war this problem came to the foreground once again. In view of this, some international acts were adopted that regulated relations in the area of narcotics. The following documents seem to be of interest.
The Protocols of 1946 and of 1948:
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