International Drug Control Regime: Treaties & Organs

The international drug control regime is the global framework that regulates narcotic drugs through treaties, monitoring bodies and national obligations. It deals with production, consumption, trafficking and possession. Its conception dates back to the early 20th century, when certain countries saw rampant opium consumption in China and pledged to address this issue. Within the League of Nations, other agreements about drugs were reached, and the regime gained quasi-universal acceptance. After the League collapsed, the United Nations took its place in coordinating the antidrug rules, and spearheaded their simplification and expansion. Today, the regime is centered on three main conventions:

• The Single Convention on Narcotic Drugs (1961).
• The Convention on Psychotropic Substances (1971).
• The Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).

In addition, three main bodies give the regime its institutional structure:

• The Commission on Narcotic Drugs (CND).
• The United Nations Office on Drugs and Crime (UNODC).
• The International Narcotic Control Board (INCB).

The 1909 International Opium Commission

In 1909, an important meeting took place in Shanghai, marking an early effort in international drug control. This gathering, formally known as the “International Opium Commission”, was focused on addressing the issues surrounding opium and morphine. Calling it a “Commission” rather than a “Conference” was a deliberate decision. The latter might have implied the power to create binding norms or regulations, something that this assembly did not intend or accomplish.

Instead, the attending countries aimed to bring to light the urgent need for action against the rampant opium problem. During this time, opium addiction was rising sharply in China, where it had devastating social and economic impacts. China had fought two wars to stop opium imports. After losing them, Chinese authorities resorted to local production as a way to accumulate capital and increase tax revenues.

Initially, the 1909 Commission wanted to limit the discussions to the situation in Asia. However, states soon decided that they had to tackle the issue of the free global market for opium. Thus, the Commission compiled statistics about this market, then issued some recommendations for states:

• It was undesirable to import opium into countries where its use was illegal.
• States should take measures to control the production and consumption of opium, including within territories subject to foreign occupation in China.
• States should also take measures to control the manufacture and distribution of morphine.

The 1912 Hague Convention

Because the Shanghai meeting did not produce binding norms, the bishop of the Philippines, Charles Henry Brent, encouraged states to meet again and continue discussions. At the time, the Philippines were under American control and he was sent there as a missionary. Brent opposed opium consumption on religious and moral grounds. He then convinced states to convene a meeting in The Hague, in the Netherlands. Following intensive discussions, the 1912 conference concluded the first worldwide international drug control treaty.

The 1912 Convention dealt with opium and morphine. It also brought cocaine and heroin into international regulation. States had three main obligations under the treaty:

• Limit the number of places involved in the drug trade.
• Eliminate the production of certain forms of these narcotics.
• Restrict drug consumption to medical use through domestic law.

The treaty also had a chapter focused only on China. It prescribed that the Chinese government and foreign governments had to take all measures to prevent the smuggling of narcotics into Chinese territory. Finally, countries committed to making the illegal possession of opium, morphine and cocaine a penal offense under their jurisdictions.

This Convention was a major step forward in drug control, but its effectiveness was undermined by World War I (1914-1918), because drug use skyrocketed during the conflict. However, as soon as peace prevailed, countries realized that it was best to adhere to the treaty and face the issue of a growing number of addicts. In addition, due to lobbying efforts by antidrug groups, the adoption of the 1912 Convention was made mandatory by WW1 peace treaties. This ensured almost universal application of the international drug control regime.

The Regime within the League of Nations

After the war, the League of Nations was created to ensure world peace and stability. It soon took over the responsibility over the international drug control regime, in 1920, through the creation of the Advisory Committee on the Traffic in Opium and Other Dangerous Drugs (also known as the Opium Advisory Committee, OAC). This body had an Opium and Social Questions Section (also known as the Opium Section), making clear the desire for a comprehensive framework against drug use, instead of simple ramping up repression against this activity. However, a major player was absent from the League of Nation’s deliberations: the United States, whose Republican-controlled Senate rejected the organization. From then on, the United Kingdom emerged as the leader of the antidrug regime.

The League successfully created several other binding agreements to regulate narcotics production, consumption and trade:

• Agreement Concerning the Manufacture of, Internal Trade in, and Use of Prepared Opium (1925): It prescribed that countries had to gradually suppress all activities related to prepared opium.
• New International Opium Convention (1925): It detailed some aspects of the 1912 Convention, and it added cannabis to the list of controlled substances. Additionally, it created the Permanent Central Opium Board, tasked with monitoring drug trafficking around the world. Even though the Board did not have the power to address any crimes itself, its actions contributed to reducing trafficking levels.
• Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs (1931): This treaty’s goal was to limit drug production to the bare minimum needed to supply medical and scientific activities. It created a Drug Supervisory Body (DSB), which would take on the duty of estimating global drug requirements. Also, the Convention introduced the practice of “drug scheduling”: applying different control measures for each drug, based on the degree of danger posed by it and on the medicinal applications that it has. It is worth noting that, while the United States remained outside the League of Nations, it ratified this Convention.
• Convention for the Suppression of the Illicit Traffic in Dangerous Drugs (1936): It was the first international agreement on drug trafficking, and it established that this activity was an international crime.

The Regime within the United Nations

Because the League of Nations was unable to avert World War II, it was replaced by the United Nations when the conflict ended. The UN assumed the duties of its predecessor in various arenas, including drug control. The Opium Advisory Committee (OAC) became the Commission on Narcotic Drugs (CND), and the Opium Section became the Division on Narcotic Drugs (DND). Yet the new organization innovated by creating, for the first time, an international Narcotics Laboratory. Its purpose was to determine the origin of opium by chemical and physical means and to provide assistance to national forensic laboratories, so that they would be able to effortlessly identify any controlled drugs.

Under the auspices of the United Nations, several antidrug protocols were drawn up and adopted:

• 1946 Protocol: It officially transferred all antidrug activities from the League of Nations to the United Nations.
• 1948 Protocol: It added synthetic narcotics such as methadone and pethidine to the list of regulated substances. These painkillers had been created during WW2 in order to treat battlefield casualties, but they are addictive.
• 1953 Protocol: It hardened drug restrictions worldwide. One of the measures was by determining that only seven countries would be authorized to export opium — Bulgaria, Greece, India, Iran, Turkey, the USSR and Yugoslavia. Another measure was increasing the power of the Drug Supervisory Body (DSB), which would be able to make inquiries, conduct inspections and place embargoes vis-à-vis countries that ran afoul of global drug regulations. However, countries took so much time to ratify the 1953 Protocol that, when it finally reached the minimum number of ratifications to enter into force, it was soon replaced by another treaty.

In 1961, the Single Convention on Narcotic Drugs was conceived in order to simplify the international drug control regime, by enshrining all its rules in a single place. The document defines controlled substances and the framework for drug-control bodies. It also defines the mechanism for reporting narcotics statistics and the obligations of states regarding drug regulation and punishments for illicit trafficking. The Single Convention retained the provisions from previous treaties and introduced new rules, such as the requirement that states provide medical assistance to drug addicts. Moreover, in 1968, the parties to the Single Convention created the International Narcotics Control Board (INCB). The INCB was an independent organ that replaced both the Permanent Central Opium Board and the Drug Supervisory Body. Its main task was to monitor and control licit narcotics activity. Its mandate followed the legal narcotics chain from production through consumption, while giving the Board power to investigate violations and make recommendations. Both the Convention and the Board soon gained almost universal acceptance.

During the 1960s, drug consumption increased due to heroin use in the Vietnam War and marijuana use by antiwar hippies in the United States. In order to face this problem, some initiatives prospered:

• Convention on Psychotropic Substances (1971): It increased the number of drugs under international control.
• 1972 Protocol amending the Single Convention: It added further restrictions related to all drugs covered by the 1961 Convention.
• United Nations Fund for Drug Abuse Control (UNFDAC): It was created in order to raise funds especially for developing countries, so that their farmers could be persuaded to pursue “alternative livelihoods” in exchange for money, instead of cultivating illegal drug crops.

From enforcement strategy to reform debates

In 1981, the Commission on Narcotic Drugs (CND) put forward an “International Drug Abuse Control Strategy” and a Plan of Action on this matter. The Plan encouraged measures to preserve licit drug consumption, combat trafficking and offer adequate treatment to drug addicts. From 1982 to 1986, these initiatives were monitored by the United Nations‘ Economic and Social Council (ECOSOC).

In 1984, the UN General Assembly adopted the “Declaration on the Control of Drug Trafficking and Drug Abuse”. It stated that the illegal market for drugs was an obstacle to the social and economic development of humanity, and thus had to be combated by all means, in all spheres of government.

In 1987, an international conference called upon by the Secretary-General of the UN adopted the “Comprehensive Multidisciplinary Outline of Future Activities in Drug Abuse Control”, also known as the CMO. The CMO contained recommendations rather than binding rules. Its main contribution was to frame the narcotics crisis as a problem of both supply and demand. The CMO introduced a balanced approach to the narcotics crisis, arguing that both sides had to be addressed at the same time through equally vigorous actions.

In 1988, in Vienna, several states concluded the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances — an agreement with several innovations. It obliged states to criminalize drug cultivation, possession, trafficking, and purchasing even for personal purposes. Also, it contained rules to fight money laundering related to drug trafficking, such as allowing the seizure of criminal proceeds. Moreover, it permitted the transportation of illicit drugs in the context of undercover operations against trafficking networks. Finally, it contained provisions about states creating bilateral and multilateral joint investigative teams focused on combatting drug-related crimes. Like the other conventions in the global drug control regime, the 1988 Convention had near-unanimous support.

UNODC and human-rights debates

In 1991, there was the establishment of the United Nations Drug Control Programme (UNDCP), which included the International Narcotics Control Board (INCB) and the Division on Narcotic Drugs (DND). In 1997, the UNDCP was renamed to Office for Drug Control and Crime Prevention (ODCCP). Finally, in 2002, the ODCCP became the United Nations Office on Drugs and Crime (UNODC), a name that remains current today.

In 2009, within the UNODC, several countries endorsed the “Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem”. To ensure the implementation of the ideas in this document, states were urged to present biennial reports detailing their efforts in drug control.

In 2016, there was an UN General Assembly Special Session (UNGASS) on the World Drug Problem. It marked a shift in in international drug policy, because the discussions exceeded the mere attempt to reduce drug supply and demand, or to increase international cooperation on this matter. Indeed, countries began to discuss other approaches to narcotics abuse, namely those with an emphasis on human rights and sustainable development. During the meeting, Brazil proposed the worldwide abolition of the death penalty to drug-related crimes, but this idea ended up being rejected by a majority of states.

Current Status of the Regime

Currently, all the main treaties related to the global drug control system are products of the deliberations within the United Nations:

• 1961: Single Convention on Narcotic Drugs.
• 1971: Convention on Psychotropic Substances.
• 1988: Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

Currently, all the main bodies and agencies related to the drug control system are also organized under the scope of the United Nations:

• Commission on Narcotic Drugs (CND) (since 1946): A body associated with UN ECOSOC. It has 53 members, chosen from a balanced geographical distribution. Its deals with socioeconomic issues related to narcotics.
• United Nations Office on Drugs and Crime (UNODC) (since 2002): A body associated with the UN Secretariat. It deals with suppressing global narcotics trafficking and it compiles the World Drug Report every year, containing statistics about the drug market and forecasting its tendencies.
• International Narcotic Control Board (INCB) (since 1968): An independent body that oversees the implementation of the treaties of 1961, 1971 and 1988. It cooperates with both the CND and the UNODC.

Conclusion

Since the early 20th century, unrestricted access to drugs has been acknowledged as an international issue. What came to light following the proliferation of opium consumption in China soon became a major issue affecting other regions, such as North America, Latin America and Europe. In Shanghai and in the Hague, states began to place certain drugs under international control. After the creation of the League of Nations, these efforts won widespread acceptance — so much that other conventions and protocols were conceived. From 1946 onwards, the United Nations took responsibility over the international drug control regime and its organs and agencies spearheaded a considerable expansion of this system. Nowadays, the main treaties and organs related to narcotics are closely tied with the UN, and UN institutions continue to shape the debate on international drug policy.